[Congressional Record (Bound Edition), Volume 150 (2004), Part 4]
[Senate]
[Pages 4343-4362]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2856. Mr. FRIST (for Mrs. Hutchison) proposed an amendment to the 
bill H.R. 254, to authorize the President of the United States to agree 
to certain amendment to the Agreement between the Government of the 
United States of America and the Government of the United Mexican 
States concerning the establishment of a Border Environment Cooperation 
Commission and a North American Development Bank, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION. 1. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE 
                   BORDER ENVIRONMENT COOPERATION AGREEMENT; GRANT 
                   AUTHORITY.

       (a) Amendment Authority.--Part 2 of subtitle D of title V 
     of Public Law 103-182 (22 U.S.C. 290m-290m-3) is amended by 
     adding at the end the following:

     ``SEC. 545. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE 
                   BORDER ENVIRONMENT COOPERATION AGREEMENT.

       ``The President may agree to amendments to the Cooperation 
     Agreement that--
       ``(1) enable the Bank to make grants and nonmarket rate 
     loans out of its paid-in capital resources with the approval 
     of its Board; and
       ``(2) amend the definition of `border region' to include 
     the area in the United States that is within 100 kilometers 
     of the international boundary between the United States and 
     Mexico, and the area in Mexico that is within 300 kilometers 
     of the international boundary between the United States and 
     Mexico.''.
       (b) Grant Authority.--Part 2 of subtitle D of title V of 
     Public Law 103-182 (22 U.S.C. 290m-290m-3), as amended by 
     subsection (a), is amended by adding at the end the 
     following:

     ``SEC. 546. GRANTS OUT OF PAID-IN CAPITAL RESOURCES.

       ``(a) In General.--The President shall instruct the United 
     States Federal Government representatives on the Board of 
     Directors of the North American Development Bank to oppose 
     any proposal where grants out of the Bank's paid-in capital 
     resources, except for grants from paid-in capital authorized 
     for the community adjustment and investment program under the 
     Bank's charter of 1993, would--
       ``(1) be made to a project that is not being financed, in 
     part, by loans; or
       ``(2) account for more than 50 percent of the financing of 
     any individual project.
       ``(b) Exception.--
       ``(1) General Rule.--The requirements of subsection (a) 
     shall not apply in cases where--
       ``(A) the President determines there are exceptional 
     economic circumstances for making the grant and consults with 
     the Committee on Foreign Relations of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives; or
       ``(B)(i) the grant is being made for a project that is so 
     small that obtaining a loan is impractical; and
       ``(ii) the grant does not exceed $250,000.
       ``(2) Limitation.--Not more than an aggregate of $5,000,000 
     in grants may be made under this subsection.''.
       (c) Clerical Amendment.--Section 1(b) of such public law is 
     amended in the table of contents by inserting after the item 
     relating to section 544 the following:

``Sec. 545. Authority to agree to certain amendments to the Border 
              Environment Cooperation Agreement.
``Sec. 546. Grants out of paid-in capital resources.''.

     SEC. 2. ANNUAL REPORT.

       The Secretary of the Treasury shall submit annually to the 
     Committee on Financial Services of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate a written report on the North American Development 
     Bank, which addresses the following issues:
       (1) The number and description of the projects that the 
     North American Development Bank has approved. The description 
     shall include the level of market-rate loans, non-market-rate 
     loans, and grants used in an approved project, and a 
     description of whether an approved project is located within 
     100 kilometers of the international boundary between the 
     United States and Mexico or within 300 kilometers of the 
     international boundary between the United States and Mexico.
       (2) The number and description of the approved projects in 
     which money has been dispersed.
       (3) The number and description of the projects which have 
     been certified by the Border Environment Cooperation 
     Commission, but yet not financed by the North American 
     Development Bank, and the reasons that the projects have not 
     yet been financed.
       (4) The total of the paid-in capital, callable capital, and 
     retained earnings of the North American Development Bank, and 
     the uses of such amounts.
       (5) A description of any efforts and discussions between 
     the United States and Mexican governments to expand the type 
     of projects which the North American Development Bank 
     finances beyond environmental projects.
       (6) A description of any efforts and discussions between 
     the United States and Mexican governments to improve the 
     effectiveness of the North American Development Bank.

[[Page 4344]]

       (7) The number and description of projects authorized under 
     the Water Conservation Investment Fund of the North American 
     Development Bank.

     SEC. 3. SENSE OF THE CONGRESS RELATING TO UNITED STATES 
                   SUPPORT FOR NADBANK PROJECTS WHICH FINANCE 
                   WATER CONSERVATION FOR TEXAS IRRIGATORS AND 
                   AGRICULTURAL PRODUCERS IN THE LOWER RIO GRANDE 
                   RIVER VALLEY.

       (a) Findings.--The Congress finds that--
       (1) Texas irrigators and agricultural producers are 
     suffering enormous hardships in the lower Rio Grande River 
     valley because of Mexico's failure to abide by the 1944 Water 
     Treaty entered into by the United States and Mexico;
       (2) over the last 10 years, Mexico has accumulated a 
     1,500,000-acre fee water debt to the United States which has 
     resulted in a very minimal and inadequate irrigation water 
     supply in Texas;
       (3) recent studies by Texas A&M University show that water 
     savings of 30 percent or more can be achieved by improvements 
     in irrigation system infrastructure such as canal lining and 
     metering;
       (4) on August 20, 2002, the Board of the North American 
     Development Bank agreed to the creation in the Bank of a 
     Water Conservation Investment Fund, as required by Minute 308 
     to the 1944 Water Treaty, which was an agreement signed by 
     the United States and Mexico on June 28, 2002; and
       (5) the Water Conservation Investment Fund of the North 
     American Development Bank stated that up to $80,000,000 would 
     be available for grant financing of water conservation 
     projects, which grant funds would be divided equally between 
     the United States and Mexico.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that--
       (1) water conservation projects are eligible for funding 
     from the North American Development Bank under the Agreement 
     Between the Government of the United States of America and 
     the Government of the United Mexican States Concerning the 
     Establishment of a Border Environment Cooperation Commission 
     and a North American Development Bank; and
       (2) the Board of the North American Development Bank should 
     support qualified water conservation projects which can 
     assist Texas irrigators and agricultural producers in the 
     lower Rio Grande River Valley.

     SEC. 4. SENSE OF THE CONGRESS RELATING TO UNITED STATES 
                   SUPPORT FOR NADBANK PROJECTS WHICH FINANCE 
                   WATER CONSERVATION IN THE SOUTHERN CALIFORNIA 
                   AREA.

       It is the sense of the Congress that the Board of the North 
     American Development Bank should support--
       (1) the development of qualified water conservation 
     projects in southern California and other eligible areas in 
     the 4 United States border States, including the conjunctive 
     use and storage of surface and ground water, delivery system 
     conservation, the re-regulation of reservoirs, improved 
     irrigation practices, wastewater reclamation, regional water 
     management modeling, operational and optimization studies to 
     improve water conservation, and cross-border water exchanges 
     consistent with treaties; and
       (2) new water supply research and projects along the Mexico 
     border in southern California and other eligible areas in the 
     4 United States border States to desalinate ocean seawater 
     and brackish surface and groundwater, and dispose of or 
     manage the brines resulting from desalination.

     SEC. 5. SENSE OF THE CONGRESS RELATING TO UNITED STATES 
                   SUPPORT FOR NADBANK PROJECTS FOR WHICH FINANCE 
                   WATER CONSERVATION FOR IRRIGATORS AND 
                   AGRICULTURAL PRODUCERS IN THE SOUTHWEST UNITED 
                   STATES.

       (a) Findings.--The Congress finds as follows:
       (1) Irrigators and agricultural producers are suffering 
     enormous hardships in the southwest United States. The border 
     States of California, Arizona, New Mexico, and Texas are 
     suffering from one of the worst droughts in history. In 
     Arizona, this is the second driest period in recorded history 
     and the worst since 1904.
       (2) In spite of decades of water conservation in the 
     southwest United States, irrigated agriculture uses more than 
     60 percent of surface and ground water.
       (3) The most inadequate water supplies in the United States 
     are in the Southwest, including the lower Colorado River 
     basin and the Great Plains River basins south of the Platte 
     River. In these areas, 70 percent of the water taken from the 
     stream is not returned.
       (4) The amount of water being pumped out of groundwater 
     sources in many areas is greater than the amount being 
     replenished, thus depleting the groundwater supply.
       (5) On August 20, 2002, the Board of the North American 
     Development Bank agreed to the creation in the bank of a 
     Water Conservation Investment Fund.
       (6) The Water Conservation Investment Fund of the North 
     American Development Bank stated that up to $80,000,000 would 
     be available for grant financing of water conservation 
     projects, which grant funds would be divided equally between 
     the United States and Mexico.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that--
       (1) water conservation projects are eligible for funding 
     from the North American Development Bank under the Agreement 
     Between the Government of the United States of America and 
     the Government of the United Mexican States Concerning the 
     Establishment of a Border Environment Cooperation Commission 
     and a North American Development Bank;
       (2) the Board of the North American Development Bank should 
     support qualified water conservation projects that can assist 
     irrigators and agricultural producers; and
       (3) the Board of the North American Development Bank should 
     take into consideration the needs of all of the border states 
     before approving funding for water projects, and strive to 
     fund water conservation projects in each of the border 
     states.

     SEC. 6. SENSE OF THE CONGRESS REGARDING FINANCING OF 
                   PROJECTS.

       (a) In General.--It is the sense of the Congress that the 
     Board of the North American Development Bank should support 
     the financing of projects, on both sides of the international 
     boundary between the United States and Mexico, that address 
     coastal issues and the problem of pollution in both countries 
     having an environmental impact along the Pacific Ocean and 
     Gulf of Mexico shores of the United States and Mexico.
       (b) Air Pollution.--It is the sense of the Congress that 
     the Board of the North American Development Bank should 
     support the financing of projects, on both sides of the 
     international boundary between the United States and Mexico, 
     which address air pollution.
                                 ______
                                 
  SA 2857. Mr. FRIST (for Mr. Edwards (for himself and Mrs. Dole)) 
proposed an amendment to the resolution S. Res. 307, honoring the 
county of Cumberland, North Carolina, its municipalities and community 
partners as they celebrate the 250th year of the existence of 
Cumberland County; as follows:

       Strike all after the resolved clause and insert the 
     following:
       That the Senate commemorates the 250th Anniversary 
     Celebration of the county of Cumberland, North Carolina, its 
     municipalities, and other community partners.
                                 ______
                                 
  SA 2858. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 1997, to amend title 18, United States 
Code, and the Uniform Code of Military Justice to protect unborn 
children from assault and murder, and for other purposes; which was 
ordered to lie on the table; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Motherhood Protection Act''.

     SEC. 2. PROTECTION OF PREGNANT WOMEN.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 90 the following:

              ``CHAPTER 90A--PROTECTION OF PREGNANT WOMEN

              ``CHAPTER 90A--PROTECTION OF PREGNANT WOMEN

``Sec.
``1841. Causing termination of pregnancy or interruption of the normal 
              course of pregnancy.

     ``Sec. 1841. Causing termination of pregnancy or interruption 
       of the normal course of pregnancy

       ``(a)(1) Any person who engages in conduct that violates 
     any of the provisions of law listed in subsection (b) and 
     thereby causes the termination of a pregnancy or the 
     interruption of the normal course of pregnancy, including 
     termination of the pregnancy other than by live birth is 
     guilty of a separate offense under this section.
       ``(2)(A) Except as otherwise provided in this paragraph, 
     the punishment for that separate offense is the same as the 
     punishment provided for that conduct under Federal law had 
     that injury or death occurred to the pregnant woman.
       ``(B) An offense under this section does not require proof 
     that--
       ``(i) the person engaging in the conduct had knowledge or 
     should have had knowledge that the victim of the underlying 
     offense was pregnant; or
       ``(ii) the defendant intended to cause the termination or 
     interruption of the normal course of pregnancy.
       ``(C) If the person engaging in the conduct thereby 
     intentionally causes or attempts to cause the termination of 
     or the interruption of the pregnancy, that person shall be 
     punished as provided under section 1111, 1112, or 1113, as 
     applicable, for intentionally terminating or interrupting the 
     pregnancy or attempting to do so, instead of the penalties 
     that would otherwise apply under subparagraph (A).
       ``(D) Notwithstanding any other provision of law, the death 
     penalty shall not be imposed for an offense under this 
     section.
       ``(b) The provisions referred to in subsection (a) are the 
     following:
       ``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 
     242, 245, 247, 248, 351, 831, 844(d), 844(f),

[[Page 4345]]

     844(h)(1), 844(i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 
     1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 
     1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 
     1952(a)(1)(B), 1952(a)(2)(B), 1952(a)(3)(B), 1958, 1959, 
     1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 
     2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 
     2441 of this title.
       ``(2) Section 408(e) of the Controlled Substances Act of 
     1970 (21 U.S.C. 848(e)).
       ``(3) Section 202 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2283).
       ``(c) Subsection (a) does not permit prosecution--
       ``(1) for conduct relating to an abortion for which the 
     consent of the pregnant woman has been obtained or for which 
     such consent is implied by law in a medical emergency;
       ``(2) for conduct relating to any medical treatment of the 
     pregnant woman, or matters related to the pregnancy; or
       ``(3) of any woman with respect to her pregnancy.''.
       (b) Clerical Amendment.--The table of chapters for part 1 
     of title 18, United States Code, is amended by inserting 
     after the item relating to chapter 90 the following:

``90A. Protection of pregnant women.........................1841''.....

     SEC. 3. MILITARY JUSTICE SYSTEM.

       (a) Protection of Pregnant Women.--Subchapter X of chapter 
     47 of title 10, United States Code (the Uniform Code of 
     Military Justice), is amended by inserting after section 919 
     (article 119) the following:

     ``Sec. Sec. 919a. Art. 119a. Causing termination of pregnancy 
       or interruption of normal course of pregnancy

       ``(a)(1) Any person subject to this chapter who engages in 
     conduct that violates any of the provisions of law listed in 
     subsection (b) and thereby causes the termination of a 
     pregnancy or the interruption of the normal course of 
     pregnancy, including termination of the pregnancy other than 
     by live birth, is guilty of a separate offense under this 
     section.
       ``(2)(A) Except as otherwise provided in this paragraph, 
     the punishment for that separate offense is the same as the 
     punishment for that conduct under this chapter had that 
     injury or death occurred to the pregnant woman.
       ``(B) An offense under this section does not require proof 
     that--
       ``(i) the person engaging in the conduct had knowledge or 
     should have had knowledge that the victim of the underlying 
     offense was pregnant; or
       ``(ii) the defendant intended to cause the termination or 
     interruption of the normal course of pregnancy.
       ``(C) If the person engaging in the conduct thereby 
     intentionally causes or attempts to cause the termination of 
     or the interruption of the pregnancy, that persons shall be 
     punished as provided under section 918, 919, or 880 of this 
     title (article 118, 119, or 80), as applicable, for 
     intentionally causing the termination of or interruption of 
     the pregnancy or attempting to do so, instead of the 
     penalties that would otherwise apply under subparagraph (A).
       ``(D) Notwithstanding any other provision of law, the death 
     penalty shall not be imposed for an offense under this 
     section.
       ``(b) The provisions referred to in subsection (a) are 
     sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 
     928 of this title (articles 111, 118, 119(a), 119(b)(2), 
     120(a), 122, 124, 126, and 128).
       ``(c) Subsection (a) does not permit prosecution--
       ``(1) for conduct relating to an abortion for which the 
     consent of the pregnant woman has been obtained or for which 
     such consent is implied by law in a medical emergency;
       ``(2) for conduct relating to any medical treatment of the 
     pregnant woman or matters relating to her pregnancy; or
       ``(3) of any woman with respect to her pregnancy.''.
       (b) Clerical amendment.--The table of sections at the 
     beginning of subchapter X of chapter 47 of title 10, United 
     States Code (the Uniform Code of Military Justice), is 
     amended by inserting after the item relating to section 919 
     the following:

``919a. Causing termination of pregnancy and termination of normal 
              course of pregnancy.''.
                                 ______
                                 
  SA 2859. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 1997, to amend title 18, United States Code, 
and the Uniform Code of Military Justice to protect unborn children 
from assault and murder, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 7, strike line 8 and all that follows and insert 
     the following:
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter X of chapter 47 of title 10, United 
     States Code (the Uniform Code of Military Justice), is 
     amended by inserting after the item relating to section 919 
     the following:

``919a. 119a. Causing death of or bodily injury to unborn child.''.

               DIVISION II--DOMESTIC VIOLENCE PREVENTION

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the ``Paul 
     and Sheila Wellstone Domestic Violence Prevention Act''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 1. Short title; table of contents.

             TITLE I--VICTIMS' ECONOMIC SECURITY AND SAFETY

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Definitions.

 Subtitle A--Entitlement to Emergency Leave for Addressing Domestic or 
                            Sexual Violence

Sec. 111. Purposes.
Sec. 112. Entitlement to emergency leave for addressing domestic or 
              sexual violence.
Sec. 113. Existing leave usable for addressing domestic or sexual 
              violence.
Sec. 114. Emergency benefits.
Sec. 115. Effect on other laws and employment benefits.
Sec. 116. Conforming amendment.
Sec. 117. Effective date.

  Subtitle B--Entitlement to Unemployment Compensation for Victims of 
    Domestic Violence, Dating Violence, Sexual Assault, or Stalking

Sec. 121. Purposes.
Sec. 122. Unemployment compensation and training provisions.

             Subtitle C--Victims' Employment Sustainability

Sec. 131. Short title.
Sec. 132. Purposes.
Sec. 133. Prohibited discriminatory acts.
Sec. 134. Enforcement.
Sec. 135. Attorney's fees.

           Subtitle D--Victims of Abuse Insurance Protection

Sec. 141. Short title.
Sec. 142. Definitions.
Sec. 143. Discriminatory acts prohibited.
Sec. 144. Insurance protocols for subjects of abuse.
Sec. 145. Reasons for adverse actions.
Sec. 146. Life insurance.
Sec. 147. Subrogation without consent prohibited.
Sec. 148. Enforcement.
Sec. 149. Effective date.

            Subtitle E--Workplace Safety Program Tax Credit

Sec. 151. Credit for costs to employers of implementing workplace 
              safety programs.

 Subtitle F--National Clearinghouse on Domestic and Sexual Violence in 
                          the Workplace Grant

Sec. 161. National clearinghouse on domestic and sexual violence in the 
              workplace grant.

                        Subtitle G--Severability

Sec. 171. Severability.

            TITLE II--CHILDREN WHO WITNESS DOMESTIC VIOLENCE

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Purpose.
Sec. 204. Definitions.
Sec. 205. Services for children exposed to domestic violence.
Sec. 206. Grants to combat the impact of experiencing or witnessing 
              domestic violence on elementary and secondary school 
              children.
Sec. 207. Grants for training and collaboration among child welfare 
              agencies, domestic violence and sexual assault service 
              providers, the courts and law enforcement agencies.
Sec. 208. Multisystem interventions for children who have been exposed 
              to domestic violence.
Sec. 209. Crisis nursery demonstration grants program.
Sec. 210. Research and data collection on the impact of domestic 
              violence on children.

   TITLE III--DOMESTIC VIOLENCE SCREENING, TREATMENT, AND PREVENTION

Sec. 301. Short title.
Sec. 302. Findings.

           Subtitle A--Research on Health and Family Violence

Sec. 311. Health research on family violence.

           Subtitle B--Health Professional Education Programs

Sec. 321. Health professional education grants.

   Subtitle C--Grants to Foster Public Health Responses to Domestic 
                                Violence

Sec. 331. Grants.

    Subtitle D--Provision of Services Under Federal Health Programs

Sec. 341. Optional coverage of domestic violence identification and 
              treatment under the medicaid program.
Sec. 342. Federal Employees Health Benefits Program.
Sec. 343. Training grants under the Maternal and Child Health Services 
              Block Grant.
Sec. 344. Domestic violence identification and treatment services at 
              community health centers.

             TITLE I--VICTIMS' ECONOMIC SECURITY AND SAFETY

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Victims' Economic Security 
     and Safety Act''.

[[Page 4346]]



     SEC. 102. FINDINGS.

       Congress makes the following findings:
       (1) Domestic violence crimes account for approximately 15 
     percent of total crime costs in the United States each year.
       (2) Violence against women has been reported to be the 
     leading cause of physical injury to women. Such violence has 
     a devastating impact on women's physical and emotional health 
     and financial security.
       (3) According to recent government surveys, from 1993 
     through 1998 the average annual number of violent 
     victimizations committed by intimate partners was 1,082,110, 
     87 percent of which were committed against women. Female 
     murder victims were substantially more likely than male 
     murder victims to have been killed by an intimate partner. 
     About \1/3\ of female murder victims, and about 4 percent of 
     male murder victims, were killed by an intimate partner.
       (4) According to recent government estimates, approximately 
     987,400 rapes occur annually in the United States, 89 percent 
     of the rapes perpetrated against female victims.
       (5) Approximately 10,200,000 people have been stalked at 
     some time in their lives. Four out of every 5 stalking 
     victims are women. Stalkers harass and terrorize their 
     victims by spying on the victims, standing outside their 
     places of work or homes, making unwanted phone calls, sending 
     or leaving unwanted letters or items, or vandalizing 
     property.
       (6) Employees in the United States who have been victims of 
     domestic violence, dating violence, sexual assault, or 
     stalking too often suffer adverse consequences in the 
     workplace as a result of their victimization.
       (7) Victims of domestic violence, dating violence, sexual 
     assault, and stalking are particularly vulnerable to changes 
     in employment, pay, and benefits as a result of their 
     victimizations, and are, therefore, in need of legal 
     protection.
       (8) The prevalence of domestic violence, dating violence, 
     sexual assault, stalking, and other violence against women at 
     work is dramatic. Approximately 11 percent of all rapes occur 
     in the workplace. About 50,500 individuals, 83 percent of 
     whom are women, were raped or sexually assaulted in the 
     workplace each year from 1992 through 1996. Half of all 
     female victims of violent workplace crimes know their 
     attackers. Nearly 1 out of 10 violent workplace incidents are 
     committed by partners or spouses. Women who work for State or 
     local governments suffer a higher incidence of workplace 
     assaults, including rapes, than women who work in the private 
     sector.
       (9) Homicide is the leading cause of death for women on the 
     job. Husbands, boyfriends, and ex-partners commit 15 percent 
     of workplace homicides against women.
       (10) Studies indicate that between 35 and 56 percent of 
     employed battered women surveyed were harassed at work by 
     their abusive partners.
       (11) According to a 1998 report of the General Accounting 
     Office, between \1/4\ and \1/2\ of domestic violence victims 
     surveyed in 3 studies reported that the victims lost a job 
     due, at least in part, to domestic violence.
       (12) Women who have experienced domestic violence or dating 
     violence are more likely than other women to be unemployed, 
     to suffer from health problems that can affect employability 
     and job performance, to report lower personal income, and to 
     rely on welfare.
       (13) Abusers frequently seek to control their partners by 
     actively interfering with their ability to work, including 
     preventing their partners from going to work, harassing their 
     partners at work, limiting the access of their partners to 
     cash or transportation, and sabotaging the child care 
     arrangements of their partners.
       (14) More than \1/2\ of women receiving welfare have been 
     victims of domestic violence as adults and between \1/4\ and 
     \1/3\ reported being abused in the last year.
       (15) Sexual assault, whether occurring in or out of the 
     workplace, can impair an employee's work performance, require 
     time away from work, and undermine the employee's ability to 
     maintain a job. Almost 50 percent of sexual assault survivors 
     lose their jobs or are forced to quit in the aftermath of the 
     assaults.
       (16) More than \1/4\ of stalking victims report losing time 
     from work due to the stalking and 7 percent never return to 
     work.
       (17)(A) 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, which 
     harms the Nation's productivity and drains the Nation's 
     resources.
       (B) Violent crime accounts for $426,000,000,000 per year of 
     this amount.
       (C) Rape exacts the highest costs per victim of any 
     criminal offense, and accounts for $127,000,000,000 per year 
     of the amount described in subparagraph (A).
       (18) Violent crime results in wage losses equivalent to 1 
     percent of all United States earnings, and causes 3 percent 
     of the Nation's medical spending and 14 percent of the 
     Nation's injury-related medical spending.
       (19) The Bureau of National Affairs has estimated that 
     domestic violence costs United States employers between 
     $3,000,000,000 and $5,000,000,000 annually in lost time and 
     productivity. Other reports have estimated that domestic 
     violence costs United States employers $13,000,000,000 
     annually.
       (20) United States medical costs for domestic violence have 
     been estimated to be $31,000,000,000 per year.
       (21) Surveys of business executives and corporate security 
     directors also underscore the heavy toll that workplace 
     violence takes on women, businesses, and interstate commerce 
     in the United States.
       (22) Ninety-four percent of corporate security and safety 
     directors at companies nationwide rank domestic violence as a 
     high security concern.
       (23) Forty-nine 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.
       (24) Only 16 States have laws that explicitly provide 
     unemployment insurance to domestic violence victims in 
     certain circumstances, and none of the laws explicitly cover 
     victims of sexual assault or stalking.
       (25) Only 2 States provide domestic violence victims with 
     leave from work to go to court, to the doctor, or to take 
     other steps to address the domestic violence in their lives, 
     and only Maine provides such leave to victims of sexual 
     assault and stalking.
       (26) No States prohibit employment discrimination against 
     victims of domestic violence, sexual assault, or stalking. 
     New York City is the only jurisdiction with a law prohibiting 
     employment discrimination against actual or perceived victims 
     of domestic violence.
       (27) Employees, including individuals participating in 
     welfare to work programs, may need to take time during 
     business hours to--
       (A) obtain orders of protection;
       (B) seek medical or legal assistance, counseling, or other 
     services; or
       (C) look for housing in order to escape from domestic 
     violence.
       (28) Domestic and sexual violence victims have been 
     subjected to discrimination by private and State employers, 
     including discrimination motivated by sex and stereotypical 
     notions about women.
       (29) Existing Federal law does not explicitly--
       (A) authorize victims of domestic violence, dating 
     violence, sexual assault, or stalking to take leave from work 
     to seek legal assistance and redress, counseling, or 
     assistance with safety planning activities;
       (B) address the eligibility of victims of domestic 
     violence, dating violence, sexual assault, or stalking for 
     unemployment compensation; or
       (C) prohibit employment discrimination against actual or 
     perceived victims of domestic violence, dating violence, 
     sexual assault, or stalking.

     SEC. 103. DEFINITIONS.

       In this title, except as otherwise expressly provided:
       (1) Commerce.--The terms ``commerce'' and ``industry or 
     activity affecting commerce'' have the meanings given the 
     terms in section 101 of the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2611).
       (2) Course of conduct.--The term ``course of conduct'' 
     means a course of repeatedly maintaining a visual or physical 
     proximity to a person or conveying verbal or written threats, 
     including threats conveyed through electronic communications, 
     or threats implied by conduct.
       (3) Dating violence.--The term ``dating violence'' has the 
     meaning given the term in section 826 of the Higher Education 
     Amendments of 1998 (20 U.S.C. 1152).
       (4) Domestic or sexual violence.--The term ``domestic or 
     sexual violence'' means domestic violence, dating violence, 
     sexual assault, or stalking.
       (5) Domestic violence.--The term ``domestic violence'' has 
     the meaning given the term in section 826 of the Higher 
     Education Amendments of 1998 (20 U.S.C. 1152).
       (6) Domestic violence coalition.--The term ``domestic 
     violence coalition'' means a nonprofit, nongovernmental 
     membership organization that--
       (A) consists of the entities carrying out a majority of the 
     domestic violence programs carried out within a State;
       (B) collaborates and coordinates activities with Federal, 
     State, and local entities to further the purposes of domestic 
     violence intervention and prevention; and
       (C) among other activities, provides training and technical 
     assistance to entities carrying out domestic violence 
     programs within a State, territory, political subdivision, or 
     area under Federal authority.
       (7) Electronic communications.--The term ``electronic 
     communications'' includes communications via telephone, 
     mobile phone, computer, e-mail, video recorder, fax machine, 
     telex, or pager.
       (8) Employ; state.--The terms ``employ'' and ``State'' have 
     the meanings given the terms in section 3 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203).
       (9) 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)

[[Page 4347]]

     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.
       (10) Employer.--The term ``employer''--
       (A) means any person engaged in commerce or in any industry 
     or activity affecting commerce who employs 15 or more 
     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.
       (11) Employment benefits.--The term ``employment benefits'' 
     means all benefits provided or made available to employees by 
     an employer, including group life insurance, health 
     insurance, disability insurance, sick leave, annual leave, 
     educational benefits, and pensions, regardless of whether 
     such benefits are provided by a practice or written policy of 
     an employer or through an ``employee benefit plan'', as 
     defined in section 3(3) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1002(3)).
       (12) 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).
       (13) Person.--The term ``person'' has the meaning given the 
     term in section 3 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 203).
       (14) 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).
       (15) Public assistance.--The term ``public assistance'' 
     includes cash, food stamps, medical assistance, housing 
     assistance, and other benefits provided on the basis of 
     income by a public agency.
       (16) Reduced leave schedule.--The term ``reduced leave 
     schedule'' means a leave schedule that reduces the usual 
     number of hours per workweek, or hours per workday, of an 
     employee.
       (17) Repeatedly.--The term ``repeatedly'' means on 2 or 
     more occasions.
       (18) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (19) Sexual assault.--The term ``sexual assault'' has the 
     meaning given the term in section 826 of the Higher Education 
     Amendments of 1998 (20 U.S.C. 1152).
       (20) Sexual assault coalition.--The term ``sexual assault 
     coalition'' means a nonprofit, nongovernmental membership 
     organization that--
       (A) consists of the entities carrying out a majority of the 
     sexual assault programs carried out within a State;
       (B) collaborates and coordinates activities with Federal, 
     State, and local entities to further the purposes of sexual 
     assault intervention and prevention; and
       (C) among other activities, provides training and technical 
     assistance to entities carrying out sexual assault programs 
     within a State, territory, political subdivision, or area 
     under Federal authority.
       (21) Stalking.--The term ``stalking'' means engaging in a 
     course of conduct directed at a specific person that would 
     cause a reasonable person to suffer substantial emotional 
     distress or to fear bodily injury, sexual assault, or death 
     to the person, or the person's spouse, parent, or son or 
     daughter, or any other person who regularly resides in the 
     person's household, if the conduct causes the specific person 
     to have such distress or fear.
       (22) Victim of domestic or sexual violence.--The term 
     ``victim of domestic or sexual violence'' includes an 
     individual who has been a victim of domestic or sexual 
     violence and an individual whose family or household member 
     has been a victim of domestic or sexual violence.
       (23) Victim services organization.--The term ``victim 
     services organization'' means a nonprofit, nongovernmental 
     organization that provides assistance to victims of domestic 
     or sexual violence or to advocates for such victims, 
     including a rape crisis center, an organization carrying out 
     a domestic violence program, an organization operating a 
     shelter or providing counseling services, or an organization 
     providing assistance through the legal process.

 Subtitle A--Entitlement to Emergency Leave for Addressing Domestic or 
                            Sexual Violence

     SEC. 111. PURPOSES.

       The purposes of this subtitle are, pursuant to the 
     affirmative power of Congress to enact legislation 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, and under 
     section 5 of the 14th amendment to the Constitution--
       (1) to promote the national interest in reducing domestic 
     violence, dating violence, sexual assault, and stalking by 
     enabling victims of domestic or sexual violence to maintain 
     the financial independence necessary to leave abusive 
     situations, achieve safety, and minimize the physical and 
     emotional injuries from domestic or sexual violence, and to 
     reduce the devastating economic consequences of domestic or 
     sexual violence to employers and employees;
       (2) to promote the national interest in ensuring that 
     victims of domestic or sexual violence can recover from and 
     cope with the effects of such violence, and participate in 
     criminal and civil justice processes, without fear of adverse 
     economic consequences from their employers;
       (3) to ensure that victims of domestic or sexual violence 
     can recover from and cope with the effects of such violence, 
     and participate in criminal and civil justice processes, 
     without fear of adverse economic consequences with respect to 
     public benefits;
       (4) to promote the purposes of the 14th amendment by 
     preventing sex-based discrimination and discrimination 
     against victims of domestic and sexual violence in employment 
     leave, by addressing the failure of existing laws to protect 
     the employment rights of victims of domestic or sexual 
     violence, by protecting their civil and economic rights, and 
     by furthering the equal opportunity of women for economic 
     self-sufficiency and employment free from discrimination;
       (5) to minimize the negative impact on interstate commerce 
     from dislocations of employees and harmful effects on 
     productivity, employment, health care costs, and employer 
     costs, caused by domestic or sexual violence, including 
     intentional efforts to frustrate women's ability to 
     participate in employment and interstate commerce; and
       (6) to accomplish the purposes described in paragraphs (1) 
     through (5) by--
       (A) entitling employed victims of domestic or sexual 
     violence to take leave to seek medical help, legal 
     assistance, counseling, safety planning, and other assistance 
     without penalty from their employers; and
       (B) prohibiting employers from discriminating against 
     actual or perceived victims of domestic or sexual violence, 
     in a manner that accommodates the legitimate interests of 
     employers and protects the safety of all persons in the 
     workplace.

     SEC. 112. ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING 
                   DOMESTIC OR SEXUAL VIOLENCE.

       (a) Leave Requirement.--
       (1) Basis.--An employee who is a victim of domestic or 
     sexual violence may take leave from work to address domestic 
     or sexual violence, by--
       (A) seeking medical attention for, or recovering from, 
     physical or psychological injuries caused by domestic or 
     sexual violence;
       (B) obtaining services from a victim services organization;
       (C) obtaining psychological or other counseling for the 
     employee or the employee's parent or son or daughter;
       (D) participating in safety planning, temporarily or 
     permanently relocating, or taking other actions to increase 
     the safety of the employee or the employee's parent or son or 
     daughter from future domestic or sexual violence or ensure 
     economic security; or
       (E) seeking legal assistance or remedies to ensure the 
     health and safety of the employee or the employee's parent or 
     son or daughter, including preparing for or participating in 
     any civil or criminal legal proceeding related to or derived 
     from domestic or sexual violence.
       (2) Period.--An employee may take not more than 30 days of 
     leave, as described in paragraph (1), in any 12-month period.
       (3) Schedule.--Leave described in paragraph (1) may be 
     taken intermittently or on a reduced leave schedule.
       (b) Notice.--The employee shall provide the employer with 
     reasonable notice of the employee's intention to take the 
     leave, unless providing such notice is not practicable.
       (c) Certification.--
       (1) In general.--The employer may require the employee to 
     provide certification to the employer, within a reasonable 
     period after the employer requires the certification, that--
       (A) the employee is a victim of domestic or sexual 
     violence; and
       (B) the leave is for 1 of the purposes enumerated in 
     subsection (a)(1).
       (2) Contents.--An employee may satisfy the certification 
     requirement of paragraph (1) by providing to the employer--
       (A) a sworn statement of the employee;
       (B) documentation from an employee, agent, or volunteer of 
     a victim services organization, an attorney, a member of the 
     clergy, or a medical or other professional, from whom the 
     employee has sought assistance in addressing domestic or 
     sexual violence and the effects of the violence;
       (C) a police or court record; or
       (D) other corroborating evidence.
       (d) Confidentiality.--All information provided to the 
     employer pursuant to subsection (b) or (c), including a 
     statement of the employee or any other documentation, record, 
     or corroborating evidence, and the fact that the employee has 
     requested or obtained leave pursuant to this section, shall 
     be retained in the strictest confidence by the employer, 
     except to the extent that disclosure is--
       (1) requested or consented to by the employee; or

[[Page 4348]]

       (2) otherwise required by applicable Federal or State law.
       (e) Employment and Benefits.--
       (1) Restoration to position.--
       (A) In general.--Except as provided in paragraph (2), any 
     employee who takes leave under this section for the intended 
     purpose of the leave shall be entitled, on return from such 
     leave--
       (i) to be restored by the employer to the position of 
     employment held by the employee when the leave commenced; or
       (ii) to be restored to an equivalent position with 
     equivalent employment benefits, pay, and other terms and 
     conditions of employment.
       (B) Loss of benefits.--The taking of leave under this 
     section shall not result in the loss of any employment 
     benefit accrued prior to the date on which the leave 
     commenced.
       (C) Limitations.--Nothing in this subsection shall be 
     construed to entitle any restored employee to--
       (i) the accrual of any seniority or employment benefits 
     during any period of leave; or
       (ii) any right, benefit, or position of employment other 
     than any right, benefit, or position to which the employee 
     would have been entitled had the employee not taken the 
     leave.
       (D) Construction.--Nothing in this paragraph shall be 
     construed to prohibit an employer from requiring an employee 
     on leave under this section to report periodically to the 
     employer on the status and intention of the employee to 
     return to work.
       (2) Exemption concerning certain highly compensated 
     employees.--
       (A) Denial of restoration.--An employer may deny 
     restoration under paragraph (1) to any employee described in 
     subparagraph (B) if--
       (i) such denial is necessary to prevent substantial and 
     grievous economic injury to the operations of the employer;
       (ii) the employer notifies the employee of the intent of 
     the employer to deny restoration on such basis at the time 
     the employer determines that such injury would occur; and
       (iii) in any case in which the leave has commenced, the 
     employee elects not to return to employment after receiving 
     such notice.
       (B) Affected employees.--An employee referred to in 
     subparagraph (A) is a salaried employee who is among the 
     highest paid 10 percent of the employees employed by the 
     employer within 75 miles of the facility at which the 
     employee is employed.
       (3) Maintenance of health benefits.--
       (A) Coverage.--Except as provided in subparagraph (B), 
     during any period that an employee takes leave under this 
     section, the employer shall maintain coverage under any group 
     health plan (as defined in section 5000(b)(1) of the Internal 
     Revenue Code of 1986) for the duration of such leave at the 
     level and under the conditions coverage would have been 
     provided if the employee had continued in employment 
     continuously for the duration of such leave.
       (B) Failure to return from leave.--The employer may recover 
     the premium that the employer paid for maintaining coverage 
     for the employee under such group health plan during any 
     period of leave under this section if--
       (i) the employee fails to return from leave under this 
     section after the period of leave to which the employee is 
     entitled has expired; and
       (ii) the employee fails to return to work for a reason 
     other than--

       (I) the continuation, recurrence, or onset of domestic or 
     sexual violence, that entitles the employee to leave pursuant 
     to this section; or
       (II) other circumstances beyond the control of the 
     employee.

       (C) Certification.--
       (i) Issuance.--An employer may require an employee who 
     claims that the employee is unable to return to work because 
     of a reason described in subclause (I) or (II) of 
     subparagraph (B)(ii) to provide, within a reasonable period 
     after making the claim, certification to the employer that 
     the employee is unable to return to work because of that 
     reason.
       (ii) Contents.--An employee may satisfy the certification 
     requirement of clause (i) by providing to the employer--

       (I) a sworn statement of the employee;
       (II) documentation from an employee, agent, or volunteer of 
     a victim services organization, an attorney, a member of the 
     clergy, or a medical or other professional, from whom the 
     employee has sought assistance in addressing domestic or 
     sexual violence and the effects of that violence;
       (III) a police or court record; or
       (IV) other corroborating evidence.

       (D) Confidentiality.--All information provided to the 
     employer pursuant to subparagraph (C), including a statement 
     of the employee or any other documentation, record, or 
     corroborating evidence, and the fact that the employee is not 
     returning to work because of a reason described in subclause 
     (I) or (II) of subparagraph (B)(ii) shall be retained in the 
     strictest confidence by the employer, except to the extent 
     that disclosure is--
       (i) requested or consented to by the employee; or
       (ii) otherwise required by applicable Federal or State law.
       (f) 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 this 
     section.
       (B) Employer discrimination.--It shall be unlawful for any 
     employer to discharge or harass any individual, or otherwise 
     discriminate against any individual with respect to 
     compensation, terms, conditions, or privileges of employment 
     of the individual (including retaliation in any form or 
     manner) because the individual--
       (i) exercised any right provided under this section; or
       (ii) opposed any practice made unlawful by this section.
       (C) Public agency sanctions.--It shall be unlawful for any 
     public agency to deny, reduce, or terminate the benefits of, 
     otherwise sanction, or harass any individual, or otherwise 
     discriminate against any individual with respect to the 
     amount, terms, or conditions of public assistance of the 
     individual (including retaliation in any form or manner) 
     because the individual--
       (i) exercised any right provided under this section; or
       (ii) opposed any practice made unlawful by this section.
       (2) Interference with proceedings or inquiries.--It shall 
     be unlawful for any person to discharge or in any other 
     manner discriminate (as described in subparagraph (B) or (C) 
     of paragraph (1)) against any individual because such 
     individual--
       (A) has filed any charge, or has 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 this section; or
       (C) has testified, or is about to testify, in any inquiry 
     or proceeding relating to any right provided under this 
     section.
       (g) Enforcement.--
       (1) Civil action by affected individuals.--
       (A) Liability.--Any employer or public agency that violates 
     subsection (f) shall be liable to any individual affected--
       (i) for damages equal to--

       (I) the amount of--

       (aa) any wages, salary, employment benefits, public 
     assistance, or other compensation denied or lost to such 
     individual by reason of the violation; or
       (bb) in a case in which wages, salary, employment benefits, 
     public assistance, or other compensation has not been denied 
     or lost to the individual, any actual monetary losses 
     sustained by the individual as a direct result of the 
     violation;

       (II) the interest on the amount described in subclause (I) 
     calculated at the prevailing rate; and
       (III) an additional amount as liquidated damages equal to 
     the sum of the amount described in subclause (I) and the 
     interest described in subclause (II), except that if an 
     employer or public agency that has violated subsection (f) 
     proves to the satisfaction of the court that the act or 
     omission that violated subsection (f) was in good faith and 
     that the employer or public agency had reasonable grounds for 
     believing that the act or omission was not a violation of 
     subsection (f), such court may, in the discretion of the 
     court, reduce the amount of the liability to the amount and 
     interest determined under subclauses (I) and (II), 
     respectively; and

       (ii) for such equitable relief as may be appropriate, 
     including employment, reinstatement, and promotion.
       (B) Right of action.--An action to recover the damages or 
     equitable relief prescribed in subparagraph (A) may be 
     maintained against any employer or public agency in any 
     Federal or State court of competent jurisdiction by any 1 or 
     more affected individuals for and on behalf of--
       (i) the individuals; or
       (ii) the individuals and other individuals similarly 
     situated.
       (C) Fees and costs.--The court in such an action shall, in 
     addition to any judgment awarded to the plaintiff, allow a 
     reasonable attorney's fee, reasonable expert witness fees, 
     and other costs of the action to be paid by the defendant.
       (D) Limitations.--The right provided by subparagraph (B) to 
     bring an action by or on behalf of any affected individual 
     shall terminate--
       (i) on the filing of a complaint by the Secretary in an 
     action under paragraph (4) in which restraint is sought of 
     any further delay in the payment of the amount described in 
     subparagraph (A)(i) to such individual by an employer or 
     public agency responsible under subparagraph (A) for the 
     payment; or
       (ii) on the filing of a complaint by the Secretary in an 
     action under paragraph (2) in which a recovery is sought of 
     the damages described in subparagraph (A)(i) owing to an 
     affected individual by an employer or public agency liable 
     under subparagraph (A),

     unless the action described in clause (i) or (ii) is 
     dismissed without prejudice on motion of the Secretary.
       (2) Action by the secretary.--

[[Page 4349]]

       (A) Administrative action.--The Secretary shall receive, 
     investigate, and attempt to resolve complaints of violations 
     of subsection (f) in the same manner as the Secretary 
     receives, investigates, and attempts to resolve complaints of 
     violations of sections 6 and 7 of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206 and 207).
       (B) Civil action.--The Secretary may bring an action in any 
     court of competent jurisdiction to recover the damages 
     described in paragraph (1)(A)(i).
       (C) Sums recovered.--Any sums recovered by the Secretary 
     pursuant to subparagraph (B) shall be held in a special 
     deposit account and shall be paid, on order of the Secretary, 
     directly to each individual affected. Any such sums not paid 
     to such an individual because of inability to do so within a 
     period of 3 years shall be deposited into the Treasury of the 
     United States as miscellaneous receipts.
       (3) Limitation.--
       (A) In general.--Except as provided in subparagraph (B), an 
     action may be brought under this subsection not later than 2 
     years after the date of the last event constituting the 
     alleged violation for which the action is brought.
       (B) Willful violation.--In the case of such action brought 
     for a willful violation of subsection (f), such action may be 
     brought within 3 years after the date of the last event 
     constituting the alleged violation for which such action is 
     brought.
       (C) Commencement.--In determining when an action is 
     commenced by the Secretary under this subsection for the 
     purposes of this paragraph, it shall be considered to be 
     commenced on the date when the complaint is filed.
       (4) Action for injunction by secretary.--The district 
     courts of the United States shall have jurisdiction, for 
     cause shown, in an action brought by the Secretary--
       (A) to restrain violations of subsection (f), including the 
     restraint of any withholding of payment of wages, salary, 
     employment benefits, public assistance, or other 
     compensation, plus interest, found by the court to be due to 
     affected individuals; or
       (B) to award such other equitable relief as may be 
     appropriate, including employment, reinstatement, and 
     promotion.
       (5) Solicitor of labor.--The Solicitor of Labor may appear 
     for and represent the Secretary on any litigation brought 
     under this subsection.
       (6) Employer liability under other laws.--Nothing in this 
     section shall be construed to limit the liability of an 
     employer or public agency to an individual, for harm suffered 
     relating to the individual's experience of domestic or sexual 
     violence, pursuant to any other Federal or State law, 
     including a law providing for a legal remedy.

     SEC. 113. EXISTING LEAVE USABLE FOR ADDRESSING DOMESTIC OR 
                   SEXUAL VIOLENCE.

       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, may elect to substitute any period 
     of such leave for an equivalent period of leave provided 
     under section 112.

     SEC. 114. EMERGENCY BENEFITS.

       (a) In General.--A State may use funds provided to the 
     State under part A of title IV of the Social Security Act (42 
     U.S.C. 601 et seq.) to provide nonrecurrent short-term 
     emergency benefits to an individual for any period of leave 
     the individual takes pursuant to section 112.
       (b) Eligibility.--In calculating the eligibility of an 
     individual for such emergency benefits, the State shall count 
     only the cash available or accessible to the individual.
       (c) Timing.--
       (1) Applications.--An individual seeking emergency benefits 
     under subsection (a) from a State shall submit an application 
     to the State.
       (2) Benefits.--The State shall provide benefits to an 
     eligible applicant under paragraph (1) on an expedited basis, 
     and not later than 7 days after the applicant submits an 
     application under paragraph (1).
       (d) Conforming Amendment.--Section 404 of the Social 
     Security Act (42 U.S.C. 604) is amended by adding at the end 
     the following:
       ``(l) Authority To Provide Emergency Benefits.--A State 
     that receives a grant under section 403 may use the grant to 
     provide nonrecurrent short-term emergency benefits, in 
     accordance with section 114 of the Victims' Economic Security 
     and Safety Act, to individuals who take leave pursuant to 
     section 112 of that Act, without regard to whether the 
     individuals receive assistance under the State program funded 
     under this part.''.

     SEC. 115. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.

       (a) More Protective Laws, Agreements, Programs, and 
     Plans.--Nothing in this subtitle shall be construed to 
     supersede any provision of any Federal, State, or local law, 
     collective bargaining agreement, or employment benefits 
     program or plan that provides--
       (1) greater leave benefits for victims of domestic or 
     sexual violence than the rights established under this 
     subtitle; or
       (2) leave benefits for a larger population of victims of 
     domestic or sexual violence (as defined in such law, 
     agreement, program, or plan) than the victims of domestic or 
     sexual violence covered under this subtitle.
       (b) Less Protective Laws, Agreements, Programs, and 
     Plans.--The rights established for victims of domestic or 
     sexual violence under this subtitle shall not be diminished 
     by any State or local law, collective bargaining agreement, 
     or employment benefits program or plan.

     SEC. 116. CONFORMING AMENDMENT.

       Section 1003(a)(1) of the Rehabilitation Act Amendments of 
     1986 (42 U.S.C. 2000d-7(a)(1)) is amended by inserting 
     ``subtitle A or C of the Victims' Economic Security and 
     Safety Act,'' before ``or the provisions''.

     SEC. 117. EFFECTIVE DATE.

       This subtitle and the amendment made by this subtitle take 
     effect 180 days after the date of enactment of this Act.

  Subtitle B--Entitlement to Unemployment Compensation for Victims of 
    Domestic Violence, Dating Violence, Sexual Assault, or Stalking

     SEC. 121. PURPOSES.

       The purposes of this subtitle are, pursuant to the 
     affirmative power of Congress to enact legislation under the 
     portions of section 8 of article I of the Constitution 
     relating to laying and collecting taxes, providing for the 
     general welfare, and regulation of commerce among the several 
     States and under section 5 of the 14th amendment to the 
     Constitution--
       (1) to promote the national interest in reducing domestic 
     violence, dating violence, sexual assault, and stalking by 
     enabling victims of domestic or sexual violence to maintain 
     the financial independence necessary to leave abusive 
     situations, achieve safety, and minimize the physical and 
     emotional injuries from domestic or sexual violence, and to 
     reduce the devastating economic consequences of domestic or 
     sexual violence to employers and employees;
       (2) to promote the national interest in ensuring that 
     victims of domestic or sexual violence can recover from and 
     cope with the effects of such victimization and participate 
     in the criminal and civil justice processes without fear of 
     adverse economic consequences;
       (3) to minimize the negative impact on interstate commerce 
     from dislocations of employees and harmful effects on 
     productivity, loss of employment, health care costs, and 
     employer costs, caused by domestic or sexual violence 
     including intentional efforts to frustrate the ability of 
     women to participate in employment and interstate commerce; 
     and
       (4) to accomplish the purposes described in paragraphs (1), 
     (2), and (3) by providing unemployment insurance to those who 
     are separated from their employment as a result of domestic 
     or sexual violence, in a manner that accommodates the 
     legitimate interests of employers and protects the safety of 
     all persons in the workplace.

     SEC. 122. UNEMPLOYMENT COMPENSATION AND TRAINING PROVISIONS.

       (a) Unemployment Compensation.--Section 3304 of the 
     Internal Revenue Code of 1986 (relating to approval of State 
     unemployment compensation laws) is amended--
       (1) in subsection (a)--
       (A) in paragraph (18), by striking ``and'' at the end;
       (B) by redesignating paragraph (19) as paragraph (20); and
       (C) by inserting after paragraph (18) the following new 
     paragraph:
       ``(19) compensation shall not be denied where an individual 
     is separated from employment due to circumstances resulting 
     from the individual's experience of domestic or sexual 
     violence; and''; and
       (2) by adding at the end the following new subsection:
       ``(g) Construction.--
       ``(1) In general.--For purposes of subsection (a)(19), an 
     individual's separation from employment shall be treated as 
     due to circumstances resulting from the individual's 
     experience of domestic or sexual violence if the separation 
     resulted from--
       ``(A) the individual's reasonable fear of future domestic 
     or sexual violence at or en route to or from the individual's 
     place of employment;
       ``(B) the individual's wish to relocate in order to avoid 
     future domestic or sexual violence against the individual or 
     the individual's parent, son, or daughter (as such terms are 
     defined in section 103 of the Victims' Economic Security and 
     Safety Act);
       ``(C) the individual's need to obtain treatment to address 
     the physical or psychological effects of domestic or sexual 
     violence;
       ``(D) the employer's denial of the individual's request for 
     leave from employment to address domestic or sexual violence 
     and its effects on the individual or the individual's parent, 
     son, or daughter (as such terms are so defined), including 
     leave authorized by section 102 of the Family and Medical 
     Leave Act of 1993 or by subtitle A of the Victims' Economic 
     Security and Safety Act;
       ``(E) the employer's termination of the individual's 
     employment due to actions, including absences, taken by the 
     individual that were necessary to protect the individual or 
     the individual's family from domestic or sexual violence;

[[Page 4350]]

       ``(F) the employer's termination of the individual due to 
     circumstances resulting from the individual's being, or being 
     perceived to be, a victim of domestic or sexual violence; or
       ``(G) any other circumstance in which domestic or sexual 
     violence causes the individual to reasonably believe that 
     separation from employment is necessary for the future safety 
     of the individual or the individual's family.
       ``(2) Reasonable efforts to retain employment.--For 
     purposes of subsection (a)(19), if State law requires the 
     individual to have made reasonable efforts to retain 
     employment as a condition for receiving unemployment 
     compensation, such requirement shall be met if the 
     individual--
       ``(A) sought protection from, or assistance in responding 
     to, domestic or sexual violence, including calling the 
     police, obtaining services from a victim services 
     organization (as defined in section 103 of the Victims' 
     Economic Security and Safety Act), 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 
     individual 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 safety of the individual or the individual's 
     family.
       ``(3) Active search for employment.--For purposes of 
     subsection (a)(19), if State law requires the individual to 
     actively search for employment after separation from 
     employment as a condition for receiving unemployment 
     compensation--
       ``(A) such requirement shall be treated as met where the 
     individual registers for work (the individual is not 
     otherwise required to seek employment on a weekly basis); and
       ``(B) such law may not categorize an employment opportunity 
     as suitable work for the individual unless such employment 
     opportunity reasonably accommodates the individual's need to 
     address the physical, psychological, legal, and other effects 
     of domestic or sexual violence.
       ``(4) Provision of information to meet certain 
     requirements.--
       ``(A) In general.--In determining if an individual meets 
     the requirements of paragraphs (1), (2), and (3), the 
     unemployment agency of the State in which an individual is 
     requesting unemployment compensation by reason of subsection 
     (a)(19) may require the individual to provide certification 
     that the separation from employment was due to circumstances 
     resulting from the individual's experience of domestic or 
     sexual violence.
       ``(B) Satisfaction of certification requirement.--An 
     individual may satisfy the certification requirement of 
     subparagraph (A) by providing to the unemployment agency--
       ``(i) a sworn statement of the individual;
       ``(ii) documentation from an employee, agent, or volunteer 
     of a victim services organization (as defined in section 103 
     of the Victims' Economic Security and Safety Act), an 
     attorney, a member of the clergy, or a medical or other 
     professional, from whom the individual has sought assistance 
     in addressing domestic or sexual violence and the effects of 
     that violence;
       ``(iii) a police or court record; or
       ``(iv) other corroborating evidence.
       ``(C) Confidentiality.--All information provided to the 
     unemployment agency pursuant to this paragraph, including a 
     statement of an individual or any other documentation, 
     record, or corroborating evidence, and the fact that an 
     individual has applied for, inquired about, or obtained 
     unemployment compensation available by reason of subsection 
     (a)(19) shall be retained in the strictest confidence by the 
     individual's former or current employer and the unemployment 
     agency, except to the extent that disclosure is--
       ``(i) requested or consented to by the individual; or
       ``(ii) otherwise required by applicable Federal or State 
     law.''.
       (b) Unemployment Compensation Personnel Training.--Section 
     303(a) of the Social Security Act (42 U.S.C. 503(a)) is 
     amended--
       (1) by redesignating paragraphs (4) through (10) as 
     paragraphs (5) through (11), respectively; and
       (2) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) Such methods of administration as will ensure that--
       ``(A) applicants for unemployment compensation and 
     individuals inquiring about such compensation are adequately 
     notified of the provisions of subsections (a)(19) and (g) of 
     section 3304 of the Internal Revenue Code of 1986 (relating 
     to the availability of unemployment compensation for victims 
     of domestic or sexual violence); and
       ``(B) claims reviewers and hearing personnel are adequately 
     trained in--
       ``(i) the nature and dynamics of domestic or sexual 
     violence (as defined in section 3306(v) of the Internal 
     Revenue Code of 1986); and
       ``(ii) methods of ascertaining and keeping confidential 
     information about possible experiences of domestic or sexual 
     violence (as so defined) to ensure that--

       ``(I) requests for unemployment compensation based on 
     separations stemming from such violence are reliably 
     screened, identified, and adjudicated; and
       ``(II) full confidentiality is provided for the 
     individual's claim and submitted evidence; and''.

       (c) TANF Personnel Training.--Section 402(a) of the Social 
     Security Act (42 U.S.C. 602(a)) is amended by adding at the 
     end the following new paragraph:
       ``(8) Certification that the state will provide information 
     to victims of domestic and sexual violence.--A certification 
     by the chief officer of the State that the State has 
     established and is enforcing standards and procedures to--
       ``(A) ensure that applicants for assistance under the 
     program and individuals inquiring about such assistance are 
     adequately notified of--
       ``(i) the provisions of subsections (a)(19) and (g) of 
     section 3304 of the Internal Revenue Code of 1986 (relating 
     to the availability of unemployment compensation for victims 
     of domestic or sexual violence); and
       ``(ii) assistance made available by the State to victims of 
     domestic or sexual violence;
       ``(B) ensure that case workers and other agency personnel 
     responsible for administering the State program funded under 
     this part are adequately trained in--
       ``(i) the nature and dynamics of domestic or sexual 
     violence (as defined in section 3306(v) of the Internal 
     Revenue Code of 1986);
       ``(ii) State standards and procedures relating to the 
     prevention of, and assistance for individuals who experience, 
     domestic or sexual violence (as so defined); and
       ``(iii) methods of ascertaining and keeping confidential 
     information about possible experiences of domestic or sexual 
     violence (as so defined);
       ``(C) if a State has elected to establish and enforce 
     standards and procedures regarding the screening for and 
     identification of domestic violence pursuant to paragraph 
     (7), ensure that--
       ``(i) applicants for assistance under the program and 
     individuals inquiring about such assistance are adequately 
     notified of options available under such standards and 
     procedures; and
       ``(ii) case workers and other agency personnel responsible 
     for administering the State program funded under this part 
     are provided with adequate training regarding such standards 
     and procedures and options available under such standards and 
     procedures; and
       ``(D) ensure that the training required under subparagraphs 
     (B) and, if applicable, (C)(ii) is provided through a 
     training program operated by an eligible entity (as defined 
     in section 122(d)(2) of the Victims' Economic Security and 
     Safety Act).''.
       (d) Domestic and Sexual Violence Training Grant Program.--
       (1) Grants authorized.--The Secretary of Health and Human 
     Services (in this subsection referred to as the 
     ``Secretary'') is authorized to award--
       (A) a grant to a national victim services organization in 
     order for such organization to--
       (i) develop and disseminate a model training program (and 
     related materials) for the training required under section 
     303(a)(4)(B) of the Social Security Act (42 U.S.C. 
     503(a)(4)(B)), as added by subsection (b), and under 
     subparagraphs (B) and, if applicable, (C)(ii) of section 
     402(a)(8) of the such Act (42 U.S.C. 602(a)(8)), as added by 
     subsection (c); and
       (ii) provide technical assistance with respect to such 
     model training program; and
       (B) grants to State, tribal, or local agencies in order for 
     such agencies to contract with eligible entities to provide 
     State, tribal, or local case workers and other State, tribal, 
     or local agency personnel responsible for administering the 
     temporary assistance to needy families program established 
     under part A of title IV of the Social Security Act in a 
     State or Indian reservation with the training required under 
     subparagraphs (B) and, if applicable, (C)(ii) of such section 
     402(a)(8).
       (2) Eligible entity defined.--For purposes of paragraph 
     (1)(B), the term ``eligible entity'' means an entity--
       (A) that is--
       (i) a State or tribal domestic violence coalition or sexual 
     assault coalition;
       (ii) a State or local victim services organization with 
     recognized expertise in the dynamics of domestic or sexual 
     violence whose primary mission is to provide services to 
     victims of domestic or sexual violence, such as a rape crisis 
     center or domestic violence program; or
       (iii) an organization with demonstrated expertise in State 
     or county welfare laws and implementation of such laws and 
     experience with disseminating information on such laws and 
     implementation, but only if such organization will provide 
     the required training in partnership with an entity described 
     in clause (i) or (ii); and
       (B) that--
       (i) has demonstrated expertise in both domestic and sexual 
     assault, such as a joint domestic violence and sexual assault 
     coalition; or

[[Page 4351]]

       (ii) will provide the required training in partnership with 
     an entity described in clause (i) or (ii) of subparagraph (A) 
     in order to comply with the dual domestic violence and sexual 
     assault expertise requirement under clause (i).
       (3) Application.--An entity seeking a grant under this 
     subsection shall submit an application to the Secretary at 
     such time, in such form and manner, and containing such 
     information as the Secretary specifies.
       (4) Reports.--
       (A) Reports to congress.--The Secretary shall annually 
     submit a report to Congress on the grant program established 
     under this subsection.
       (B) Reports available to public.--The Secretary shall 
     establish procedures for the dissemination to the public of 
     each report submitted under subparagraph (A). Such procedures 
     shall include the use of the Internet to disseminate such 
     reports.
       (5) Authorization of appropriations.--
       (A) Authorization.--There are authorized to be 
     appropriated--
       (i) $1,000,000 for fiscal year 2004 to carry out the 
     provisions of paragraph (1)(A); and
       (ii) $12,000,000 for each of fiscal years 2004 through 2006 
     to carry out the provisions of paragraph (1)(B).
       (B) Three-year availability of grant funds.--Each recipient 
     of a grant under this subsection shall return to the 
     Secretary of Health and Human Services any unused portion of 
     such grant not later than 3 years after the date the grant 
     was awarded, together with any earnings on such unused 
     portion.
       (C) Amounts returned.--Any amounts returned pursuant to 
     subparagraph (B) shall be available without further 
     appropriation to the Secretary of Health and Human Services 
     for the purpose of carrying out the provisions of paragraph 
     (1)(B).
       (e) Definition of Domestic or Sexual Violence.--Section 
     3306 of the Internal Revenue Code of 1986 (relating to 
     definitions) is amended by adding at the end the following:
       ``(v) Domestic or Sexual Violence.--For purposes of this 
     chapter, the term `domestic or sexual violence' means 
     domestic violence, dating violence, sexual assault, or 
     stalking, as those terms are defined in section 103 of the 
     Victims' Economic Security and Safety Act.''.
       (f) Effective Date.--
       (1) Unemployment amendments.--
       (A) In general.--Except as provided in subparagraph (B) and 
     paragraph (2), the amendments made by this section 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.
       (B) Extension of effective date for state law amendment.--
       (i) 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 this section 
     (excluding the amendment made by subsection (c)), such 
     amendments 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 such amendments; 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 such amendments apply before the 
     date that is 180 days after the date of enactment of this 
     Act.
       (ii) Session defined.--In this subparagraph, the term 
     ``session'' means a regular, special, budget, or other 
     session of a State legislature.
       (2) TANF amendment.--
       (A) In general.--Except as provided in subparagraph (B), 
     the amendment made by subsection (c) shall take effect on the 
     date of enactment of this Act.
       (B) Extension of effective date for state law amendment.--
     In the case of a State plan under part A of title IV of the 
     Social Security Act which the Secretary of Health and Human 
     Services determines requires State legislation in order for 
     the plan to meet the additional requirements imposed by the 
     amendment made by subsection (c), the State plan shall not be 
     regarded as failing to comply with the requirements of such 
     amendment on the basis of its failure to meet these 
     additional requirements before the first day of the first 
     calendar quarter beginning after the close of the first 
     regular session of the State legislature that begins after 
     the date of enactment of this Act. For purposes of the 
     previous sentence, in the case of a State that has a 2-year 
     legislative session, each year of the session is considered 
     to be a separate regular session of the State legislature.

             Subtitle C--Victims' Employment Sustainability

     SEC. 131. SHORT TITLE.

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

     SEC. 132. PURPOSES.

       The purposes of this subtitle are, pursuant to the 
     affirmative power of Congress to enact legislation 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, and under 
     section 5 of the 14th amendment to the Constitution--
       (1) to promote the national interest in reducing domestic 
     violence, dating violence, sexual assault, and stalking by 
     enabling victims of domestic or sexual violence to maintain 
     the financial independence necessary to leave abusive 
     situations, achieve safety, and minimize the physical and 
     emotional injuries from domestic or sexual violence, and to 
     reduce the devastating economic consequences of domestic or 
     sexual violence to employers and employees;
       (2) to promote the national interest in ensuring that 
     victims of domestic or sexual violence can recover from and 
     cope with the effects of such violence, and participate in 
     criminal and civil justice processes, without fear of adverse 
     economic consequences from their employers;
       (3) to ensure that victims of domestic or sexual violence 
     can recover from and cope with the effects of such violence, 
     and participate in criminal and civil justice processes, 
     without fear of adverse economic consequences with respect to 
     public benefits;
       (4) to promote the purposes of the 14th amendment by 
     addressing the failure of existing laws to protect the 
     employment rights of victims of domestic or sexual violence, 
     by protecting the civil and economic rights of victims of 
     domestic or sexual violence, and by furthering the equal 
     opportunity of women for economic self-sufficiency and 
     employment free from discrimination;
       (5) to minimize the negative impact on interstate commerce 
     from dislocations of employees and harmful effects on 
     productivity, employment, health care costs, and employer 
     costs, caused by domestic or sexual violence, including 
     intentional efforts to frustrate women's ability to 
     participate in employment and interstate commerce; and
       (6) to accomplish the purposes described in paragraphs (1) 
     through (5) by prohibiting employers from discriminating 
     against actual or perceived victims of domestic or sexual 
     violence, in a manner that accommodates the legitimate 
     interests of employers and protects the safety of all persons 
     in the workplace.

     SEC. 133. PROHIBITED DISCRIMINATORY ACTS.

       (a) In General.--An employer shall not fail to hire, refuse 
     to hire, discharge, or harass any individual, or otherwise 
     discriminate against any individual with respect to the 
     compensation, terms, conditions, or privileges of employment 
     of the individual (including retaliation in any form or 
     manner), and a public agency shall not deny, reduce, or 
     terminate the benefits of, otherwise sanction, or harass any 
     individual, or otherwise discriminate against any individual 
     with respect to the amount, terms, or conditions of public 
     assistance of the individual (including retaliation in any 
     form or manner), because--
       (1) the individual involved--
       (A) is or is perceived to be a victim of domestic or sexual 
     violence;
       (B) 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 
     or sexual violence of which the individual, or the son or 
     daughter or parent of the individual, was a victim; or
       (C) requested an adjustment to a job structure, workplace 
     facility, or work requirement, including a transfer, 
     reassignment, or modified schedule, leave, a changed 
     telephone number or seating assignment, installation of a 
     lock, or implementation of a safety procedure, in response to 
     actual or threatened domestic or sexual violence, regardless 
     of whether the request was granted; or
       (2) the workplace is disrupted or threatened by the action 
     of a person whom the individual states has committed or 
     threatened to commit domestic or sexual violence against the 
     individual, or the individual's son or daughter or parent.
       (b) Definitions.--In this section:
       (1) Discriminate.--The term ``discriminate'', used with 
     respect to the terms, conditions, or privileges of employment 
     or with respect to the terms or conditions of public 
     assistance, includes not making a reasonable accommodation to 
     the known limitations of an otherwise qualified individual--
       (A) who is a victim of domestic or sexual violence;
       (B) who is--
       (i) an applicant or employee of the employer (including a 
     public agency); or
       (ii) an applicant for or recipient of public assistance 
     from the public agency; and
       (C) whose limitations resulted from circumstances relating 
     to being a victim of domestic or sexual violence;

     unless the employer or public agency can demonstrate that the 
     accommodation would impose an undue hardship on the operation 
     of the employer or public agency.
       (2) Qualified individual.--The term ``qualified 
     individual'' means--
       (A) in the case of an applicant or employee described in 
     paragraph (1)(B)(i), an individual who, with or without 
     reasonable accommodation, can perform the essential functions 
     of the employment position that such individual holds or 
     desires; or

[[Page 4352]]

       (B) in the case of an applicant or recipient described in 
     paragraph (1)(B)(ii), an individual who, with or without 
     reasonable accommodation, can satisfy the essential 
     requirements of the program providing the public assistance 
     that the individual receives or desires.
       (3) Reasonable accommodation.--The term ``reasonable 
     accommodation'' may include an adjustment to a job structure, 
     workplace facility, or work requirement, including a 
     transfer, reassignment, or modified schedule, leave, a 
     changed telephone number or seating assignment, installation 
     of a lock, or implementation of a safety procedure, in 
     response to actual or threatened domestic or sexual violence.
       (4) Undue hardship.--
       (A) In general.--The term ``undue hardship'' means an 
     action requiring significant difficulty or expense, when 
     considered in light of the factors set forth in subparagraph 
     (B).
       (B) Factors to be considered.--In determining whether a 
     reasonable accommodation would impose an undue hardship on 
     the operation of an employer or public agency, factors to be 
     considered include--
       (i) the nature and cost of the reasonable accommodation 
     needed under this section;
       (ii) the overall financial resources of the facility 
     involved in the provision of the reasonable accommodation, 
     the number of persons employed at such facility, the effect 
     on expenses and resources, or the impact otherwise of such 
     accommodation on the operation of the facility;
       (iii) the overall financial resources of the employer or 
     public agency, the overall size of the business of an 
     employer or public agency with respect to the number of 
     employees of the employer or public agency, and the number, 
     type, and location of the facilities of an employer or public 
     agency; and
       (iv) the type of operation of the employer or public 
     agency, including the composition, structure, and functions 
     of the workforce of the employer or public agency, the 
     geographic separateness of the facility from the employer or 
     public agency, and the administrative or fiscal relationship 
     of the facility to the employer or public agency.

     SEC. 134. ENFORCEMENT.

       (a) Civil Action by Individuals.--
       (1) Liability.--Any employer or public agency that violates 
     section 133 shall be liable to any individual affected for--
       (A) damages equal to the amount of wages, salary, 
     employment benefits, public assistance, or other compensation 
     denied or lost to such individual by reason of the violation, 
     and the interest on that amount calculated at the prevailing 
     rate;
       (B) compensatory damages, including damages for 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 court described in paragraph 
     (2) shall determine to be appropriate; and
       (D) 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 or public agency in any 
     Federal or State court of competent jurisdiction by any 1 or 
     more individuals described in section 133.
       (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 or equitable 
     relief described in subsection (a)(1).

     SEC. 135. ATTORNEY'S FEES.

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

           Subtitle D--Victims of Abuse Insurance Protection

     SEC. 141. SHORT TITLE.

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

     SEC. 142. DEFINITIONS.

       In this subtitle:
       (1) Abuse.--The term ``abuse'' means the occurrence of 1 or 
     more of the following acts by a current or former household 
     or family member, intimate partner, or caretaker:
       (A) Attempting to cause or causing another person bodily 
     injury, physical harm, substantial emotional distress, 
     psychological trauma, rape, sexual assault, or involuntary 
     sexual intercourse.
       (B) Engaging in a course of conduct or repeatedly 
     committing acts toward another person, including following 
     the person without proper authority and under circumstances 
     that place the person in reasonable fear of bodily injury or 
     physical harm.
       (C) Subjecting another person to false imprisonment or 
     kidnapping.
       (D) Attempting to cause or causing damage to property so as 
     to intimidate or attempt to control the behavior of another 
     person.
       (2) 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.
       (3) 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.
       (4) Insurer.--The term ``insurer'' means any person, 
     reciprocal exchange, inter insurer, 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.
       (5) 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.
       (6) Subject of abuse.--The term ``subject of abuse'' 
     means--
       (A) a person against whom an act of abuse has been 
     directed;
       (B) a person who has prior or current injuries, illnesses, 
     or disorders that resulted from abuse; or
       (C) 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. 143. 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) Prohibition on Limitation of Claims.--No insurer may, 
     directly or indirectly, deny or limit payment of a claim 
     incurred by an innocent insured as a result of abuse.
       (c) Prohibition on Termination.--
       (1) In general.--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 an extension of coverage under part 6 of subtitle B of 
     title I of 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.
       (2) Payment of premiums.--Nothing in paragraph (1) shall be 
     construed to prohibit the insurer from requiring that the 
     subject of abuse pay the full premium for the subject's 
     coverage under the health plan if the requirements are 
     applied to all insured of the health carrier.
       (3) Exception.--An insurer may terminate group coverage to 
     which this subsection applies after the continuation coverage 
     period required by this subsection has been in force for 18 
     months if it offers conversion to an equivalent individual 
     plan.
       (4) Continuation coverage.--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 of 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 
     otherwise provided for under such part 6 or section 4980B.
       (d) Use of Information.--
       (1) Limitation.--
       (A) In general.--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--
       (i) use, disclose, or transfer information relating to 
     abuse status, acts of abuse, abuse-related medical conditions 
     or the applicant's or insured's status as a family member, 
     employer, associate, 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; or

[[Page 4353]]

       (ii) disclose or transfer information relating to an 
     applicant's or insured's mailing address or telephone number 
     or the mailing address and telephone number of a shelter for 
     subjects of abuse, unless such disclosure or transfer--

       (I) is required in order to provide insurance coverage; and
       (II) does not have the potential to endanger the safety of 
     a subject of abuse.

       (B) Rule of construction.--Nothing in this paragraph may be 
     construed to limit or preclude a subject of abuse from 
     obtaining the subject's own insurance records from an 
     insurer.
       (2) Authority of subject of abuse.--A subject of abuse, at 
     the absolute discretion of the subject of abuse, may provide 
     evidence of abuse to an insurer for the limited purpose of 
     facilitating treatment of an abuse-related condition or 
     demonstrating that a condition is abuse-related. Nothing in 
     this paragraph shall be construed as authorizing an insurer 
     or health carrier to disregard such provided evidence.

     SEC. 144. 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 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. 145. 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. 
     For purposes of this section, reference to general 
     underwriting practices or guidelines shall not constitute a 
     specific reason.

     SEC. 146. 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. 147. SUBROGATION WITHOUT CONSENT PROHIBITED.

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

     SEC. 148. ENFORCEMENT.

       (a) Federal Trade Commission.--
       (1) In general.--The Federal Trade Commission shall have 
     the power to examine and investigate any insurer to determine 
     whether such insurer has been or is engaged in any act or 
     practice prohibited by this subtitle.
       (2) Cease and desist orders.--If the Federal Trade 
     Commission determines an insurer has been or is engaged in 
     any act or practice prohibited by this subtitle, the 
     Commission may take action against such insurer by the 
     issuance of a cease and desist order as if the insurer was in 
     violation of section 5 of the Federal Trade Commission Act. 
     Such cease and desist order may include any individual relief 
     warranted under the circumstances, including temporary, 
     preliminary, and permanent injunctive and compensatory 
     relief.
       (b) Private Cause of Action.--
       (1) In general.--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.
       (2) Relief.--Upon proof of such conduct by a preponderance 
     of the evidence in an action described in paragraph (1), 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.
       (3) Statutory damages.--With respect to compensatory 
     damages in an action described in paragraph (1), 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. 149. EFFECTIVE DATE.

       This subtitle shall apply with respect to any action taken 
     on or after the date of enactment of this Act.

            Subtitle E--Workplace Safety Program Tax Credit

     SEC. 151. CREDIT FOR COSTS TO EMPLOYERS OF IMPLEMENTING 
                   WORKPLACE SAFETY PROGRAMS.

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

     ``SEC. 45G. 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 domestic and sexual violence safety and 
     education costs paid or incurred by such employer during the 
     taxable year.
       ``(b) Definitions.--For purposes of this section--
       ``(1) Domestic and sexual violence safety and education 
     cost.--
       ``(A) In general.--The term `domestic and sexual violence 
     safety and education cost' means any cost certified by the 
     Secretary of Labor to the Secretary as being for the purpose 
     of--
       ``(i) ensuring the safety of employees from domestic or 
     sexual violence,
       ``(ii) providing assistance to employees and the spouses 
     and dependents of employees with respect to domestic or 
     sexual violence,
       ``(iii) providing legal or medical services to employees 
     and the spouses and dependents of employees subjected to, or 
     at risk from, domestic or sexual violence,
       ``(iv) educating employees about the issue of domestic or 
     sexual violence, or
       ``(v) implementing human resource or personnel policies 
     initiated to protect employees from domestic or sexual 
     violence or to support employees who have been victims of 
     domestic or sexual violence.
       ``(B) Types of costs.--Such term includes costs certified 
     by the Secretary of Labor to the Secretary as being for the 
     purpose of--
       ``(i) the hiring of new security personnel in order to 
     address domestic or sexual violence,
       ``(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 domestic or 
     sexual violence,
       ``(iii) the purchase or installation of new security 
     equipment, including surveillance equipment, lighting 
     fixtures, cardkey access systems, and identification systems, 
     in order to address domestic or sexual violence,
       ``(iv) the establishment of an employee assistance line or 
     other employee assistance services, in order to address 
     domestic or sexual violence, for the use of individual 
     employees, including counseling or referral services 
     undertaken in consultation and coordination with national, 
     State, or local domestic violence coalitions, sexual assault 
     coalitions, domestic violence programs, or sexual assault 
     programs,
       ``(v) the retention of an attorney to provide legal 
     services to employees seeking restraining orders or other 
     legal recourse from domestic or sexual violence,
       ``(vi) the establishment of medical services addressing the 
     medical needs of employees who are victims of domestic or 
     sexual violence,
       ``(vii) the retention of a financial expert or an 
     accountant to provide financial counseling to employees 
     seeking to escape from domestic or sexual violence,
       ``(viii) the establishment of an education program for 
     employees, consisting of seminars or training sessions about 
     domestic or sexual violence undertaken in consultation and 
     coordination with national, State, or local domestic violence 
     coalitions, sexual assault coalitions, domestic violence 
     programs, or sexual assault programs,
       ``(ix) studies of the cost, impact, or extent of domestic 
     or sexual violence 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 domestic or sexual violence,
       ``(xi) the implementation of leave policies for the purpose 
     of allowing or accommodating the needs of victims of domestic 
     or sexual violence to pursue counseling, legal assistance, or 
     safety planning, 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 domestic or sexual violence, 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 domestic or sexual violence to change office 
     locations within the company in order to avoid assailants or 
     to allow the transfer of an employee who has perpetrated 
     domestic or sexual violence 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 domestic 
     or sexual violence, 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 
     domestic and sexual violence safety and education cost unless 
     the employer notifies the employee in writing of the 
     possibility of such inclusion.

[[Page 4354]]

       ``(2) Domestic or sexual violence.--The term `domestic or 
     sexual violence' means domestic violence, dating violence, 
     sexual assault, or stalking, as those terms are defined in 
     section 103 of the Victims' Economic Security and Safety Act.
       ``(3) Domestic violence coalition; sexual assault 
     coalition.--The terms `domestic violence coalition' and 
     `sexual assault coalition' have the meanings given the terms 
     in section 103 of the Victims' Economic Security and Safety 
     Act.
       ``(4) Employee.--The term `employee' means a person who is 
     an employee, as defined in section 103(9) of the Victims' 
     Economic Security and Safety Act, except that the person may 
     be employed by any employer described in paragraph (5).
       ``(5) Employer.--The term `employer' means a person who is 
     an employer, as defined in section 103(10) of such Act, 
     determined without regard to the number of individuals 
     employed.
       ``(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 the 
     Internal Revenue Code of 1986 (relating to general business 
     credit) is amended by striking ``plus'' at the end of 
     paragraph (14), by striking the period at the end of 
     paragraph (15) and inserting ``, plus'', and by adding at the 
     end the following:
       ``(16) the workplace safety program credit determined under 
     section 45G.''.
       (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:
       ``(11) No carryback of section 45g 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 45G may be carried 
     back to a taxable year beginning before January 1, 2004.''.
       (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 (9), by striking the period at the end 
     of paragraph (10) and inserting ``, and'', and by adding at 
     the end the following:
       ``(11) the workplace safety program credit determined under 
     section 45G.''.
       (c) Credit Not a Defense in Legal Actions.--The allowance 
     of a credit under section 45G of the Internal Revenue Code of 
     1986 (as added by this section) 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 the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following:

``Sec. 45G. Workplace safety program credit.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2003.

 Subtitle F--National Clearinghouse on Domestic and Sexual Violence in 
                          the Workplace Grant

     SEC. 161. NATIONAL CLEARINGHOUSE ON DOMESTIC AND SEXUAL 
                   VIOLENCE IN THE WORKPLACE GRANT.

       (a) Authority.--The Attorney General may award a grant in 
     accordance with this section to a private, nonprofit entity 
     or tribal 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 advocates on behalf of victims of domestic 
     or sexual violence, in their efforts to develop and implement 
     appropriate responses to assist those victims.
       (b) Grantees.--Each applicant for a grant under this 
     section shall submit to the Attorney General an application, 
     which shall--
       (1) demonstrate that the applicant--
       (A) has a nationally recognized expertise in the area of 
     domestic violence, dating violence, sexual assault, and 
     stalking, and a record of commitment and quality responses to 
     reduce domestic violence, dating violence, sexual assault, 
     and stalking; 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 awarded 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 or 
     sexual violence.
       (c) Use of Grant Amount.--A grant under this section may be 
     used for staff salaries, travel expenses, equipment, 
     printing, and other reasonable expenses necessary to 
     assemble, maintain, and disseminate to employers, labor 
     organizations, and advocates described in subsection (a), 
     information on and appropriate responses to domestic 
     violence, dating violence, sexual assault, and stalking, 
     including--
       (1) training to promote a better understanding of 
     appropriate assistance to employee victims;
       (2) conferences and other educational opportunities;
       (3) development of protocols and model workplace policies;
       (4) employer- and union-sponsored victim services and 
     outreach counseling; and
       (5) assessments of the workplace costs of domestic 
     violence, dating violence, sexual assault, and stalking.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $500,000 for 
     each of fiscal years 2004 through 2008.

                        Subtitle G--Severability

     SEC. 171. SEVERABILITY.

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

            TITLE II--CHILDREN WHO WITNESS DOMESTIC VIOLENCE

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Children Who Witness 
     Domestic Violence Act''.

     SEC. 202. FINDINGS.

       Congress makes the following findings:
       (1) Domestic violence and sexual assault occur frequently 
     in the United States. 1,500,000 women are raped or physically 
     assaulted by an intimate partner annually in the United 
     States, and 1 in 4 women in the United States will experience 
     domestic violence or sexual assault in her lifetime.
       (2) At least 3,300,000 children in the United States are 
     exposed to parental violence every year.
       (3) Child abuse and domestic violence often occur within 
     the same families. Because of this overlap, cross-training 
     for child welfare workers, courts, law enforcement, 
     prosecutors, and domestic violence and sexual assault victim 
     service providers is essential.
       (4) Forty to 60 percent of men who abuse women also abuse 
     children.
       (5) In 43 percent of households where intimate violence 
     occurs, at least 1 child under the age of 12 lives in the 
     home. Domestic violence has been shown to occur 
     disproportionately in homes with children under age 5.
       (6) In most States, more than 50 percent of the residents 
     in battered women's shelters are children.
       (7) As many as 500,000 children may be encountered by 
     police during domestic violence arrests each year.
       (8) Children who live in homes where domestic violence 
     occurs are at a higher risk of anxiety and depression, and 
     exhibit more aggressive, antisocial, inhibited, and fearful 
     behaviors than other children.
       (9) Children's experiences vary widely as the result of 
     their exposure to domestic violence depending on their family 
     situations, community environment, and the child's own 
     personality. Children need comprehensive services that serve 
     the continuum of their individual needs.
       (10) Adolescents who have grown up in violent homes are at 
     risk for recreating the abusive relationships they have 
     observed. Forty percent of violent juvenile offenders come 
     from homes where there is domestic violence, and 50 percent 
     of children who come before delinquency court have been 
     exposed to violence in the home.
       (11) Men who as children witnessed their parent's domestic 
     violence are twice as likely to abuse their own wives as are 
     sons of nonviolent parents. One-third of women who are 
     physically abused by a husband or boyfriend grew up in a 
     household where their mother was also abused.
       (12) The most successful strategies for dealing with the 
     overlap between domestic violence and child abuse are those 
     that provide for the safety of both the children and the 
     nonabusing parent.
       (13) Recent studies show that battered women parent 
     effectively and attend to their children's needs.
       (14) In a major metropolitan area, 80 percent of surveyed 
     battered women with children reported that they and their 
     children were safe and together as a family after receiving 
     domestic violence advocacy services. In contrast, the rate of 
     substantiated cases of sexual abuse in foster care is more 
     than 4 times higher than the rate in the general population.

     SEC. 203. PURPOSE.

       The purpose of this title is to--
       (1) reduce the impact of domestic violence, sexual assault, 
     and stalking in the lives of youth and children;
       (2) provide appropriate services for children and youth 
     experiencing or exposed to domestic violence, sexual assault, 
     and stalking;
       (3) develop and implement education programs to prevent 
     children and youth from

[[Page 4355]]

     becoming victims or perpetrators of domestic violence, sexual 
     assault, or stalking;
       (4) encourage cross training and collaboration among child 
     welfare agencies, domestic violence and sexual assault 
     service providers, courts, law enforcement entities, health 
     care professionals, crisis nurseries, and other social 
     services to recognize and responsibly address domestic 
     violence and sexual assault and the effects of domestic 
     violence on children and youth;
       (5) promote the safety of children and youth by increasing 
     the safety, autonomy, capacity, and financial security of the 
     nonabusing parents who are also victims of domestic violence 
     and sexual assault so that they may remain safely together, 
     thereby preventing the unnecessary and harmful removal of the 
     child or youth from the nonabusing parent; and
       (6) ensure the effective handling of cases where domestic 
     violence or sexual assault and child abuse and neglect 
     intersect in such a way that--
       (A) holds the adult perpetrator of violence accountable;
       (B) assures the safety and well-being of both the child and 
     the child's nonabusing parent; and
       (C) prevents the unnecessary and harmful removal of the 
     child from the nonabusing parent thereby increasing the 
     child's chance to heal.

     SEC. 204. DEFINITIONS.

       Section 320 of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10408) is amended by adding at the end the 
     following:
       ``(7) The term `dating violence' means violence committed 
     by a person--
       ``(A) who is or has been in a social relationship of a 
     romantic or intimate nature with the victim; and
       ``(B) where the existence of such a relationship shall be 
     determined based on a consideration of--
       ``(i) the length of the relationship;
       ``(ii) the type of relationship; and
       ``(iii) the frequency of interaction between the persons 
     involved in the relationship.
       ``(8) 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.
       ``(9) 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.
       ``(10) 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.''.

     SEC. 205. SERVICES FOR CHILDREN EXPOSED TO DOMESTIC VIOLENCE.

       The Family Violence Prevention and Services Act (42 U.S.C. 
     10401 et seq.) is amended by adding at the end the following:

     ``SEC. 321. SERVICES FOR CHILDREN EXPOSED TO DOMESTIC 
                   VIOLENCE.

       ``(a) Grants Authorized.--The Secretary may award 
     competitive grants to eligible entities to enable such 
     entities to conduct programs to serve children who have been 
     exposed to domestic violence.
       ``(b) Eligible Grantees.--To be eligible to receive a grant 
     under this section, an entity shall--
       ``(1) meet the requirements of section 303(a)(2)(A) or 
     section 303(b)(1); and
       ``(2) have in place, and describe in its application, 
     policies and procedures that--
       ``(A) enhance or ensure the safety and security of a 
     battered parent or caregiver, and as a result, the child of 
     the parent; and
       ``(B) ensure that all services are provided in a 
     developmentally appropriate and culturally competent manner.
       ``(c) Use of Funds.--
       ``(1) In general.--An entity that receives a grant under 
     this section shall use amounts provided under the grant to 
     design or replicate, and implement, programs and services 
     using domestic violence intervention models to respond to the 
     needs of children who are exposed to domestic violence and 
     whose parent or caregiver is a victim of domestic violence 
     and who is receiving services from such entity. Such a 
     program--
       ``(A) shall be a new program or service, or new component 
     of an existing program or service not currently offered by 
     the entity;
       ``(B) shall provide direct counseling and advocacy for 
     children who have been exposed to domestic violence;
       ``(C) may include early childhood and mental health 
     services;
       ``(D) may assist in legal advocacy efforts on behalf of 
     children with respect to issues related directly to services 
     the children are receiving from the program;
       ``(E) may include respite care, supervised visitation, and 
     specialized services for children; and
       ``(F) may use not more than 25 percent of the grant funds 
     to contract with others to provide additional services and 
     resources for children including child care, transportation, 
     educational support, respite care, supervised visitation, and 
     access to specialized services for children.
       ``(2) Confidentiality.--Programs developed and implemented 
     under paragraph (1) shall ensure the safety and 
     confidentiality of child and adult victims in a manner that 
     is consistent with applicable Federal and State laws.
       ``(d) Application.--To be eligible to receive a grant under 
     subsection (a), an entity shall prepare and submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(e) Term and Amount.--
       ``(1) Term.--The Secretary shall make the grants under this 
     section for a period of not more than 3 fiscal years.
       ``(2) Amount.--Each grant awarded under this section shall 
     be in an amount of not less than $50,000 per year and not 
     more than $300,000 per year.
       ``(f) Evaluation, Monitoring, Administration, and Technical 
     Assistance.--Of the amount appropriated under subsection (j) 
     for each fiscal year, not more than 4 percent shall be used 
     by the Secretary for evaluation, monitoring, administrative, 
     and technical assistance costs under this section.
       ``(g) Equitable Distribution.--In awarding grants under 
     subsection (a), the Secretary shall ensure an equitable 
     geographic distribution to State, local, and tribal programs 
     working in throughout the United States in rural, urban, and 
     suburban areas.
       ``(h) Underserved Populations.--In awarding grants under 
     subsection (a), the Secretary shall--
       ``(1) consider the needs of underserved populations as 
     defined by section 2003(7) of part T of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg-2); and
       ``(2) from the amounts made available under subsection (j), 
     award not less than 10 percent of such amounts for the 
     funding of tribal programs as defined in section 303(b)(1).
       ``(i) Annual Reports.--An entity receiving a grant under 
     this section shall annually submit to the Secretary a report 
     that describes, at a minimum--
       ``(1) how the funds under the grant were used;
       ``(2) the extent to which underserved populations were 
     reached;
       ``(3) the adequacy of staff training and agency services to 
     ensure that children's needs are addressed properly;
       ``(4) the adequacy of the physical arrangements for meeting 
     children's needs; and
       ``(5) the existence of continuing barriers the entity faces 
     to more fully addressing children's needs.
       ``(j) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section, $15,000,000 for each of fiscal 
     years 2004 through 2008.
       ``(2) Availability.--Funds appropriated under paragraph (1) 
     shall remain available until expended.''.

     SEC. 206. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR 
                   WITNESSING DOMESTIC VIOLENCE ON ELEMENTARY AND 
                   SECONDARY SCHOOL CHILDREN.

       Subpart 2 of part A of title IV of the Elementary and 
     Secondary Act of 1965 (20 U.S.C. 7131 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 4125. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR 
                   WITNESSING DOMESTIC VIOLENCE ON ELEMENTARY AND 
                   SECONDARY SCHOOL CHILDREN.

       ``(a) Grants Authorized.--
       ``(1) Authority.--The Secretary is authorized to award 
     grants and contracts to elementary schools and secondary 
     schools that work with experts to enable the elementary 
     schools and secondary schools--
       ``(A) to provide training to school administrators, 
     faculty, and staff, with respect to issues concerning 
     children experiencing domestic violence in dating 
     relationships and witnessing domestic violence, and the 
     impact of the violence described in this subparagraph on 
     children;
       ``(B) to provide educational programming to students 
     regarding domestic violence and the impact of experiencing or 
     witnessing domestic violence on children;
       ``(C) to provide support services for students and school 
     personnel for the purpose of

[[Page 4356]]

     developing and strengthening effective prevention and 
     intervention strategies with respect to issues concerning 
     children experiencing domestic violence in dating 
     relationships and witnessing domestic violence, and the 
     impact of the violence described in this subparagraph on 
     children; and
       ``(D) to develop and implement school system policies 
     regarding appropriate, safe responses identification and 
     referral procedures for students who are experiencing or 
     witnessing domestic violence.
       ``(2) Award basis.--The Secretary shall award grants and 
     contracts under this section--
       ``(A) on a competitive basis; and
       ``(B) in a manner that ensures that such grants and 
     contracts are equitably distributed throughout a State among 
     elementary schools and secondary schools located in rural, 
     urban, and suburban areas in the State.
       ``(3) Policy dissemination.--The Secretary shall 
     disseminate to elementary schools and secondary schools any 
     Department of Education policy guidance regarding the 
     prevention of domestic violence and the impact of 
     experiencing or witnessing domestic violence on children.
       ``(b) Uses of Funds.--Funds provided under this section may 
     be used for the following purposes:
       ``(1) To provide training for elementary school and 
     secondary school administrators, faculty, and staff that 
     addresses issues concerning elementary school and secondary 
     school students who experience domestic violence in dating 
     relationships or witness domestic violence, and the impact of 
     such violence on the students.
       ``(2) To provide education programs for elementary school 
     and secondary school students that are developmentally 
     appropriate for the students' grade levels and are designed 
     to meet any unique cultural and language needs of the 
     particular student populations.
       ``(3) To develop and implement elementary school and 
     secondary school system policies regarding appropriate, safe 
     responses identification and referral procedures for students 
     who are experiencing or witnessing domestic violence.
       ``(4) To provide the necessary human resources to respond 
     to the needs of elementary school and secondary school 
     students and personnel who are faced with the issue of 
     domestic violence, such as a resource person who is either 
     on-site or on-call, and who is an expert.
       ``(5) To provide media center materials and educational 
     materials to elementary schools and secondary schools that 
     address issues concerning children who experience domestic 
     violence in dating relationships and witness domestic 
     violence, and the impact of the violence described in this 
     paragraph on the children.
       ``(6) To conduct evaluations to assess the impact of 
     programs and policies assisted under this section in order to 
     enhance the development of the programs.
       ``(c) Confidentiality.--Policies, programs, training 
     materials, and evaluations developed and implemented under 
     subsection (b) shall address issues of safety and 
     confidentiality for the victim and the victim's family in a 
     manner consistent with applicable Federal and State laws.
       ``(d) Application.--
       ``(1) In general.--To be eligible to be awarded a grant or 
     contract under this section for any fiscal year, an 
     elementary school or secondary school, in consultation with 
     an expert, shall submit an application to the Secretary at 
     such time and in such manner as the Secretary shall 
     prescribe.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall--
       ``(A) describe the need for funds provided under the grant 
     or contract and the plan for implementation of any of the 
     activities described in subsection (b);
       ``(B) describe how the experts shall work in consultation 
     and collaboration with the elementary school or secondary 
     school; and
       ``(C) provide measurable goals for and expected results 
     from the use of the funds provided under the grant or 
     contract.

     SEC. 207. GRANTS FOR TRAINING AND COLLABORATION AMONG CHILD 
                   WELFARE AGENCIES, DOMESTIC VIOLENCE AND SEXUAL 
                   ASSAULT SERVICE PROVIDERS, THE COURTS AND LAW 
                   ENFORCEMENT AGENCIES.

       The Family Violence Prevention and Services Act (42 U.S.C. 
     10401 et seq.), as amended by section 205, is further amended 
     by adding at the end the following:

     ``SEC. 322. GRANTS FOR TRAINING AND COLLABORATION AMONG CHILD 
                   WELFARE AGENCIES, DOMESTIC VIOLENCE AND SEXUAL 
                   ASSAULT SERVICE PROVIDERS, THE COURTS, AND LAW 
                   ENFORCEMENT AGENCIES.

       ``(a) Purpose.--It is the purpose of this section to--
       ``(1) encourage cross training and collaboration between 
     child welfare agencies and domestic violence and sexual 
     assault service providers and, where applicable, the courts 
     and law enforcement agencies to identify, assess, and respond 
     appropriately to domestic violence or sexual assault in homes 
     where children are present and may be exposed to the 
     violence, to domestic violence or sexual assault in child 
     protection cases, and to the needs of both child and adult 
     victims of domestic violence and sexual assault;
       ``(2) establish and implement policies, procedures, and 
     practices in child welfare agencies, domestic violence or 
     sexual assault service programs and, where applicable, 
     juvenile, family or other trial courts with jurisdiction over 
     child maltreatment and domestic violence cases (referred to 
     in this section as the `courts'), and law enforcement 
     agencies that are consistent with the principles of--
       ``(A) protecting children;
       ``(B) increasing the safety and well-being of children, 
     by--
       ``(i) tending to their immediate and longer term needs for 
     treatment and support;
       ``(ii) increasing the safety of parents of children who are 
     not the perpetrators of domestic violence and sexual assault 
     (referred to in this section as the `nonabusing parent');
       ``(iii) supporting the autonomy, capacity, and financial 
     security of the nonabusing parents of children who are also 
     the victims of domestic violence or sexual assault (referred 
     to in this section as `adult victims');
       ``(iv) protecting the safety, security and well being of 
     the child by preventing the unnecessary removal of the child 
     from the nonabusing parent; and
       ``(v) in cases where removal of the child is necessary to 
     protect the child's safety, taking the necessary steps to 
     provide appropriate services to the child and the nonabusing 
     parent to promote the safe and appropriately prompt 
     reunification of the child with the nonabusing parent;
       ``(C) recognizing--
       ``(i) the relationship between child abuse and neglect, 
     including child sexual abuse, and domestic violence and 
     sexual assault in families;
       ``(ii) the impact of the perpetrator's behavior on child 
     and adult victims of domestic violence and sexual assault;
       ``(iii) the dangers posed to both child and adult victims 
     of domestic violence and sexual assault;
       ``(iv) the physical, emotional, and developmental impact of 
     domestic violence and sexual assault on child and adult 
     victims;
       ``(v) the physical, emotional, and financial needs of adult 
     victims of domestic violence and sexual assault; and
       ``(vi) the need to hold adult perpetrators of domestic 
     violence and sexual assault accountable for their abusive 
     behaviors to provide appropriate services to reduce risks to 
     child and adult victims of domestic violence or sexual 
     assault;
       ``(D) in the case of training for court personnel and law 
     enforcement, holding adult perpetrators of domestic violence, 
     sexual assault, and child abuse and neglect, not the child 
     and adult victims of domestic violence, sexual assault, and 
     child abuse and neglect, accountable for stopping abusive 
     behaviors; and
       ``(3) increase cooperation and enhance linkages between 
     child welfare agencies, domestic violence and sexual assault 
     service providers, juvenile, family or other trial courts 
     with jurisdiction over child maltreatment and domestic 
     violence cases, and law enforcement agencies to protect and 
     more comprehensively and effectively serve both child and 
     adult victims of domestic violence and sexual assault, and to 
     engage where necessary other entities addressing the safety, 
     health, mental health, social service, housing and economic 
     needs of child and adult victims of domestic violence and 
     sexual assault, including community-based supports such as 
     schools, local health centers, community action groups, and 
     neighborhood coalitions.
       ``(b) Grant Authority.--
       ``(1) In general.--The Secretary shall make grants to 
     eligible entities to enable the entities to jointly carry out 
     cross training and other initiatives to promote collaboration 
     that seeks to carry out the purposes of this section.
       ``(2) Grant periods.--Grants shall be awarded under 
     paragraph (1) for a period of 3 years.
       ``(3) Eligible entities.--To be eligible to receive a grant 
     under this section, a grant applicant shall establish a 
     partnership that--
       ``(A) shall include--
       ``(i) a State child welfare agency, an Indian tribal 
     organization that serves as a child welfare agency, or a 
     local child welfare agency; and
       ``(ii) a domestic violence or sexual assault service 
     provider, such as--

       ``(I) a State, local, or tribal domestic violence or sexual 
     assault coalition; or
       ``(II) another private non-profit organization such as a 
     community-based domestic violence or sexual assault program 
     that is concerned with domestic violence or sexual assault 
     and has a documented history of effective work concerning 
     domestic violence or sexual assault and the impact domestic 
     violence or sexual assault has on children; and

       ``(B) may include--
       ``(i) a State or local juvenile, family, or other trial 
     court with jurisdiction over child maltreatment and domestic 
     violence cases; or
       ``(ii) a State or local law enforcement agency with 
     responsibility for responding to reports of domestic violence 
     or sexual assault or child abuse and neglect.
       ``(c) Uses of Funds.--An entity that receives a grant under 
     this section shall use

[[Page 4357]]

     the funds made available through the grant for cross-training 
     and collaborative efforts, consistent with the principles 
     described in subsection (a)(2), including--
       ``(1) to educate the staff of child welfare agencies and 
     domestic violence and sexual assault service providers, and, 
     as applicable, the staff of courts and law enforcement 
     agencies to responsibly address domestic violence and sexual 
     assault (recognizing it as a serious problem that threatens 
     both its child and adult victims), and to understand--
       ``(A) domestic violence and sexual assault and their 
     effects on children and adults;
       ``(B) child abuse and neglect and its effects on children; 
     and
       ``(C) child welfare policies that affect child and adult 
     victims of domestic violence and sexual assault;
       ``(2) to ensure the effective handling of cases where 
     domestic violence or sexual assault and child abuse and 
     neglect intersect so as to--
       ``(A) assure the safety and well-being of both the child 
     and the nonabusing parent;
       ``(B) prevent the unnecessary removal of the child from the 
     nonabusing parent, and, when removal is necessary to protect 
     the child's safety;
       ``(C) promote the delivery of appropriate services to the 
     child and to the nonabusing parent; and
       ``(D) facilitate the safe and appropriately prompt 
     reunification of the child with the nonabusing parent through 
     the development and implementation of policies, procedures, 
     and programs that are consistent with the purposes of this 
     section;
       ``(3) to identify and assess, and respond appropriately to, 
     domestic violence or sexual assault in child protection cases 
     and the needs of child victims of abuse and neglect in 
     domestic violence or sexual assault cases;
       ``(4) to ensure that child welfare agencies and domestic 
     violence and sexual assault service providers will not be 
     required to share confidential information with one another 
     about families receiving services except as required by law 
     or with the informed, written consent of the adult victim 
     being served;
       ``(5) to provide appropriate resources in child abuse and 
     neglect cases to respond to domestic violence and sexual 
     assault, including developing a service plan and providing 
     other appropriate services and interventions that ensure the 
     safety of both the child and adult victims of the domestic 
     violence and sexual assault;
       ``(6) to establish and enhance linkages and collaboration 
     between child welfare agencies, domestic violence or sexual 
     assault service providers and, where applicable, State or 
     local juvenile, family, or other trial courts with 
     jurisdiction over child maltreatment and domestic violence 
     cases, law enforcement agencies, and other entities 
     addressing the safety, health, mental health, social service, 
     housing, and economic needs of child and adult victims of 
     domestic violence and sexual assault, including community-
     based supports such as schools, local health centers, 
     community action groups, and neighborhood coalitions to--
       ``(i) respond effectively and comprehensively to the 
     varying needs of child and adult victims of domestic violence 
     and sexual assault to prevent child and adult victims from 
     having to turn to child welfare agencies for assistance;
       ``(ii) include linguistically and culturally appropriate 
     services and linkages to existing services; and
       ``(iii) include at least the following services where 
     appropriate:

       ``(I) Appropriate referrals to community-based domestic 
     violence programs and sexual assault victim service providers 
     with the capacities to support adult victims of domestic 
     violence or sexual assault who are parents of children who 
     have been abused or neglected or are at risk of being abused 
     or neglected.
       ``(II) Emergency shelter and transitional housing for adult 
     victims of domestic violence or sexual assault and their 
     children.
       ``(III) Legal assistance and advocacy for victims of 
     domestic violence or sexual assault 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 or sexual 
     assault.
       ``(V) Programs to help children who have been exposed to 
     domestic violence or sexual assault.
       ``(VI) Intervention and treatment for adult perpetrators of 
     domestic violence or sexual assault whose children are the 
     subjects of child protection cases to promote the safety and 
     well-being of the children, and appropriate coordination of 
     such treatment with the juvenile, family, and criminal 
     courts, and law enforcement agencies with which the 
     perpetrators are involved.
       ``(VII) Health, mental health, and other necessary 
     supportive services.
       ``(VIII) Assistance to obtain housing and necessary 
     economic supports.

       ``(d) Application.--To be eligible to receive a grant under 
     this section, the entities that are members of the applicant 
     partnership described in subsection (b)(3), shall jointly 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     require. The application shall--
       ``(1) outline the specific training and other activities 
     that will be undertaken under the grant to promote 
     collaboration;
       ``(2) describe how the training and other activities 
     described in subsection (c) will help achieve the purposes of 
     this section;
       ``(3) identify the agencies and providers that will be 
     responsible for carrying out the initiatives for which the 
     entities seek the grant;
       ``(4) include documentation from child welfare agencies and 
     domestic violence and sexual assault victims service 
     providers, and where applicable, State or local juvenile, 
     family, or other trial courts with jurisdiction over child 
     maltreatment and domestic violence cases, and law enforcement 
     agencies that have been involved in the development of the 
     application;
       ``(5) describe the ongoing involvement of child welfare and 
     domestic violence and sexual assault victims service 
     providers (including a description of their roles as 
     subcontractors, and documentation of appropriate 
     compensation, if relevant) and, where applicable, courts and 
     law enforcement agencies, in the development of the training 
     policies, procedures, programs, and practices described in 
     subsection (c)(1); and
       ``(6) provide assurances that activities described in 
     subsection (c) will--
       ``(A) be provided to child welfare staff, including line 
     staff, supervisors, and administrators, and be provided first 
     to staff responsible for investigation, follow-up, screening, 
     intake, assessment, and provision of services; and
       ``(B) be conducted jointly with child welfare agency staff, 
     staff from community-based domestic violence programs and 
     sexual assault crisis centers and where applicable, courts 
     and law enforcement agencies;
       ``(C) comply with the principles described in subsection 
     (a)(2); and
       ``(D) address--
       ``(i) the dynamics and lethality of domestic violence and 
     sexual assault, the impact of domestic violence and sexual 
     assault on children exposed to domestic violence and sexual 
     assault, the impact of domestic violence and sexual assault 
     on adult victims, and the relationship of domestic violence 
     and sexual assault to child abuse and neglect;
       ``(ii) screening for domestic violence and sexual assault 
     and assessing danger to the child and adult victims of 
     domestic violence and sexual assault;
       ``(iii) applicable Federal, State, and local laws 
     pertaining to child abuse and neglect and domestic violence 
     and sexual assault;
       ``(iv) the safety needs of child and adult victims of child 
     abuse and neglect or domestic violence, or sexual assault and 
     appropriate interventions for the child and adult victims 
     that protect their the safety, including appropriate services 
     and treatment for children and the nonabusing parent to 
     prevent the unnecessary removal of children from the 
     nonabusing parent, and to promote prompt reunification if 
     removal becomes necessary of both types of victims and give 
     appropriate consideration to preserving the safety of family 
     members not responsible for the child abuse or neglect;
       ``(v) appropriate interventions for adult perpetrators of 
     domestic violence to reduce the risk of further violence 
     toward child and adult victims of domestic violence and 
     sexual assault which emphasize perpetrator accountability;
       ``(vi) appropriate supervision of child welfare staff 
     working with families in which there has been domestic 
     violence and sexual assault, including supervision relating 
     to issues involving the safety of the child and adult victims 
     and of the staff;
       ``(vii) the confidentiality needs of the child and adult 
     victims, consistent with laws requiring mandatory reporting 
     of child abuse and neglect; and
       ``(viii) develop child protection case plans that recognize 
     the need to protect the safety of the child and of the adult 
     victim and to hold adult perpetrators, not victims, 
     responsible for stopping domestic violence and sexual 
     assault.
       ``(f) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to entities that have submitted 
     applications in partnership with State or local juvenile, 
     family, or other trial courts with jurisdiction over child 
     maltreatment and domestic violence cases, and law enforcement 
     agencies.
       ``(g) Reporting, and Dissemination of Information.--
       ``(1) Reports.--Each of the entities that are members of 
     the applicant partnership described in subsection (b)(3), 
     that receive a grant under this section shall jointly 
     annually prepare and submit to the Secretary a report 
     detailing the activities that the entities have undertaken 
     under the grant and such additional information as the 
     Secretary shall require. At a minimum, such report shall 
     address the nature of the cross-training and other activities 
     to promote collaboration among child welfare agencies, 
     domestic violence or sexual assault service providers, and 
     where applicable, State or local juvenile, family, or other 
     trial courts with jurisdiction over child maltreatment and 
     domestic violence cases and law enforcement agencies that 
     were undertaken with such grants and examples of enhanced 
     collaboration that has occurred to better protect both child 
     and

[[Page 4358]]

     adult victims of child abuse and domestic violence or sexual 
     assault.
       ``(2) Dissemination of information.--Not later then 9 
     months after the end of the grant period under this section, 
     the Secretary shall distribute to all State child welfare 
     agencies, domestic violence or sexual assault victim service 
     providers, and where applicable, State or local juvenile, 
     family, or other trial courts with jurisdiction over child 
     maltreatment and domestic violence cases, law enforcement 
     agencies, and Congress summaries that contain information 
     on--
       ``(A) the activities implemented by the recipients of the 
     grants; and
       ``(B) related initiatives undertaken by the Secretary to 
     promote attention by the staff of child welfare agencies, 
     domestic violence or sexual assault service providers and 
     where applicable, courts and law enforcement agencies to 
     domestic violence and sexual assault and their impact on both 
     child and adult victims.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $15,000,000 in each of fiscal years 2004 through 2006, and 
     $25,000,000 in each of fiscal years 2007 and 2008.''.

     SEC. 208. MULTISYSTEM INTERVENTIONS FOR CHILDREN WHO HAVE 
                   BEEN EXPOSED TO DOMESTIC VIOLENCE.

       The Family Violence Prevention and Services Act (42 U.S.C. 
     10401 et seq.), as amended by section 206, is further amended 
     by adding at the end the following:

     ``SEC. 323. MULTISYSTEM INTERVENTIONS FOR CHILDREN WHO HAVE 
                   BEEN EXPOSED TO DOMESTIC VIOLENCE.

       ``(a) Grants Authorized.--The Secretary may award grants to 
     eligible entities to enable such entities to conduct programs 
     to encourage the development and use of multisystem 
     intervention models that respond to the needs of children who 
     have been exposed to domestic violence.
       ``(b) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall--
       ``(1) be a nonprofit private organization;
       ``(2)(A) demonstrate recognized expertise in the area of 
     domestic violence and the impact of domestic violence on 
     children; or
       ``(B) have entered into a memorandum of understanding 
     regarding the intervention program to be established under 
     the grant and the role of the entity in the program with--
       ``(i) the appropriate State or tribal domestic violence 
     coalition; and
       ``(ii) entities carrying out domestic violence programs 
     that provide shelter or related assistance in the locality in 
     which the intervention program will be operated and that have 
     an understanding of its effects on children;
       ``(3)(A) demonstrate a recognized expertise in child mental 
     health services; or
       ``(B) have entered into a memorandum of understanding 
     regarding the intervention program to be established under 
     the grant with providers that have expertise in child mental 
     health to ensure that children of all ages have access to 
     appropriate mental health services; and
       ``(4) demonstrate a history of providing advocacy, health 
     care, mental health, or other crisis-related services to 
     children.
       ``(c) Use of Funds.--An entity that receives a grant under 
     this section shall use amounts provided under the grant to 
     design or replicate, and implement, multisystem intervention 
     models to respond to the needs of children exposed to 
     domestic violence. Such activities shall--
       ``(1)(A) involve collaborative partnerships with--
       ``(i) local entities carrying out domestic violence 
     programs that provide shelter or related assistance or have 
     expertise in the field of providing services to victims of 
     domestic violence and an understanding of its effects on 
     children; and
       ``(ii) other partners including courts, schools, social 
     service providers, health care providers, police, early 
     childhood agencies, entities carrying out Head Start programs 
     under the Head Start Act (42 U.S.C. 9831 et seq.), or 
     entities carrying out child protection, welfare, job 
     training, housing, battered women's service, or children's 
     mental health programs; and
       ``(B) be carried out to design and implement protocols and 
     systems to identify, and appropriately respond to the needs 
     of children who have been exposed to domestic violence and 
     who participate in programs administered by the partners;
       ``(2) establish or implement guidelines to evaluate the 
     needs of a child and make appropriate intervention 
     recommendations;
       ``(3) include the development or replication of a mental 
     health treatment model to meet the needs of children for whom 
     such treatment has been identified as appropriate;
       ``(4) establish or implement institutionalized procedures 
     to enhance or ensure the safety and security of a battered 
     parent, and as a result, the child of the parent;
       ``(5) provide direct counseling and advocacy for adult 
     victims of domestic violence and their children who have been 
     exposed to domestic violence;
       ``(6) establish or implement policies and protocols for 
     maintaining the confidentiality of the battered parent and 
     child;
       ``(7) provide community outreach and training to enhance 
     the capacity of professionals who work with children to 
     appropriately identify and respond to the needs of children 
     who have been exposed to domestic violence;
       ``(8) establish procedures for documenting interventions 
     used for each child and family;
       ``(9) establish plans to perform a systematic outcome 
     evaluation to evaluate the effectiveness of the 
     interventions;
       ``(10) ensure that all services are provided in a 
     culturally competent manner; and
       ``(11) provide remuneration to local domestic violence 
     services organizations who are asked to join collaborations.
       ``(d) Application.--To be eligible to receive a grant under 
     this section, an entity shall prepare and submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(e) Term and Amount.--A grant awarded under this section 
     shall be awarded for a term of 3 years and in an amount of 
     not more than $500,000 for each such year.
       ``(f) Technical Assistance.--Not later than 90 days after 
     the date of enactment of this section, the Secretary shall 
     identify successful programs that provide multisystem and 
     mental health interventions to address the needs of children 
     who have been exposed to domestic violence. Not later than 60 
     days before the Secretary solicits applications for grants 
     under this section, the Secretary shall enter into an 
     agreement with 1 or more entities carrying out the identified 
     programs to provide technical assistance to applicants and 
     recipients of such grants. The Secretary may use not more 
     than 5 percent of the amount appropriated for a fiscal year 
     under subsection (g) to provide such technical assistance.
       ``(g) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section, $15,000,000 for each of fiscal 
     years 2004 through 2008.
       ``(2) Availability.--Amounts appropriated under paragraph 
     (1) shall remain available until expended.''.

     SEC. 209. CRISIS NURSERY DEMONSTRATION GRANTS PROGRAM.

       The Family Violence Prevention and Services Act (42 U.S.C. 
     10401 et seq.), as amended by section 208, is further amended 
     by adding at the end the following:

     ``SEC. 324. CRISIS NURSERY DEMONSTRATION GRANT PROGRAMS.

       ``(a) Authority To Establish Demonstration Grant 
     Programs.--The Secretary may establish demonstration programs 
     under which grants are awarded to States to assist private 
     nonprofit and public agencies and organizations in providing 
     crisis nurseries for children who are abused and neglected, 
     are at risk of abuse and neglect, are in families 
     experiencing domestic violence, or are in families receiving 
     child protective services.
       ``(b) Assurances for Training in Domestic Violence.--
       ``(1) In general.--Private nonprofit and public agencies 
     and organizations who receive funds under this section shall 
     provide assurances to the Secretary that personnel working 
     with children and families in crisis nurseries receive or 
     have received training in domestic violence, the impact of 
     domestic violence on children, appropriate procedures for 
     maintaining the safety and security of victims of domestic 
     violence and their children, and appropriate procedures for 
     maintaining the confidentiality of both child and adult 
     victims of domestic violence utilizing the services of crisis 
     nurseries.
       ``(2) Training requirement.--Training required under 
     paragraph (1) shall be conducted in consultation with State, 
     local, or tribal domestic violence coalitions or other 
     private nonprofit organizations such as a community-based 
     domestic violence program that has a documented history of 
     serving both child and adult victims of domestic violence.
       ``(c) Coordination.--An applicant for a grant under this 
     section shall demonstrate how activities funded under this 
     section will be coordinated with other crisis nursery 
     activities funded under section 201 of the Child Abuse 
     Prevention and Treatment Act.
       ``(d) Reporting.--A recipient of a grant under this section 
     shall annually report on the crisis nursery activities funded 
     under this grant. At a minimum, such a report shall 
     describe--
       ``(1) the number of children and families served through 
     crisis nursery activities established under the grant;
       ``(2) the nature and extent of the crisis nursery 
     activities;
       ``(3) the percentage of children served by the crisis 
     nursery activities established under the grant who are from 
     families experiencing domestic violence;
       ``(4) the type of domestic violence training provided to 
     crisis nursery staff and the nature and extent of training 
     coordination with local domestic violence service providers;
       ``(5) the nature and extent of other Federal and State 
     funding sources used to support the services of the crisis 
     nursery;
       ``(6) the gaps between the service needs of the crisis 
     nursery and the current capacity of crisis nurseries to serve 
     children and families; and

[[Page 4359]]

       ``(7) outcome evaluation data on the effectiveness of 
     crisis nursery activities, if available.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $15,000,000 for 
     each of fiscal years 2004 through 2008.''.

     SEC. 210. RESEARCH AND DATA COLLECTION ON THE IMPACT OF 
                   DOMESTIC VIOLENCE ON CHILDREN.

       The Family Violence Prevention and Services Act (42 U.S.C. 
     10401 et seq.), as amended by section 209, is further amended 
     by adding at the end the following:

     ``SEC. 325. RESEARCH AND DATA COLLECTION ON THE IMPACT OF 
                   DOMESTIC VIOLENCE ON CHILDREN.

       ``(a) Grants.--The Secretary may award competitive grants 
     to eligible entities to enable such entities to conduct 
     research and data collection activities concerning the impact 
     of domestic violence on children.
       ``(b) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall be an institution of 
     higher education or another nonprofit organization (such as a 
     research entity, hospital, or mental health institution), 
     with documented experience with research or data collection 
     concerning the impact of domestic violence on children.
       ``(c) Use of Funds.--An entity that receives a grant under 
     this section shall use amounts provided under the grant to 
     conduct new or expand current research or data collection--
       ``(1) on the prevalence of childhood exposure to domestic 
     violence and the effects of the exposure in child and adult 
     victims;
       ``(2) on the co-occurrence of domestic violence, and child 
     abuse or neglect;
       ``(3) on linkages between children's exposure to domestic 
     violence and violent behavior in youth and adults;
       ``(4) that evaluates new or existing treatments aimed at 
     children exposed to domestic violence;
       ``(5) on the prevalence of childhood exposure to domestic 
     violence for Native American children;
       ``(6) on the effects and benefits of keeping children with 
     their nonabusive parent and providing coordinated services to 
     both;
       ``(7) on the role of children's resilience and other 
     factors that help mitigate the effects of exposure to 
     domestic violence; and
       ``(8) on related matters, if the research or data 
     collection directly addresses the impact of domestic violence 
     on children.
       ``(d) Term and Amount.--The Secretary shall award grants 
     under this section for terms of 3 years and in amount of not 
     more than $500,000 for each such year.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $2,000,000 for each of fiscal years 2004 through 2006, and 
     $5,000,000 for each of fiscal years 2007 and 2008.''.

   TITLE III--DOMESTIC VIOLENCE SCREENING, TREATMENT, AND PREVENTION

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Domestic Violence 
     Screening, Treatment, and Prevention Act of 2003''.

      SEC. 302. FINDINGS.

       Congress makes the following findings:
       (1) Nearly one-third of American women (31 percent) report 
     being physically or sexually abused by a husband or boyfriend 
     at some point in their lives, and about 1200 women are 
     murdered every year by their intimate partner, nearly 3 each 
     day.
       (2) 85 percent of violent victimizations are experienced by 
     women.
       (3) 37 percent of all women who sought care in hospital 
     emergency rooms for violence-related injuries were injured by 
     a current or former spouse, boyfriend, or girlfriend.
       (4) In addition to injuries sustained during violent 
     episodes, physical and psychological abuse are linked to a 
     number of adverse physical and mental health effects. Women 
     who have been abused are much more likely to suffer from 
     chronic pain, gastrointestinal disorders, diabetes, 
     depression, unintended pregnancies, substance abuse and 
     sexually transmitted infections, including HIV/AIDS.
       (5) Medical services for abused women cost an estimated 
     $857,300,000 every year and health plans spend an average of 
     $1,775 more a year on abused women than on general enrollees.
       (6) Each year, at least six percent of all pregnant women, 
     about 240,000 pregnant women, in this country are battered by 
     the men in their lives. This battering leads to complications 
     of pregnancy, including low weight gain, anemia, infections, 
     and first and second trimester bleeding.
       (7) Pregnant and recently pregnant women are more likely to 
     be victims of homicide than to die of any other cause, and 
     evidence exists that a significant proportion of all female 
     homicide victims are killed by their intimate partners.
       (8) Children who witness domestic violence are more likely 
     to exhibit behavioral and physical health problems including 
     depression, anxiety, and violence towards peers. They are 
     also more likely to attempt suicide, abuse drugs and alcohol, 
     run away from home, engage in teenage prostitution, and 
     commit sexual assault crimes.
       (9) Fifty percent of men who frequently assault their wives 
     frequently assault their children. The U.S. Advisory Board on 
     Child Abuse and Neglect suggests that domestic violence may 
     be the single major precursor to child abuse and neglect 
     fatalities in this country.
       (10) Currently, about 10 percent of primary care physicians 
     routinely screen for intimate partner abuse during new 
     patient visits and nine percent routinely screen during 
     periodic checkups.
       (11) Recent clinical studies have proven the effectiveness 
     of a 2-minute screening for early detection of abuse of 
     pregnant women. Additional longitudinal studies have tested a 
     10-minute intervention that was proven highly effective in 
     increasing the safety of pregnant abused women. Comparable 
     research does not yet exist to support the effectiveness of 
     screening men.
       (12) 70 to 81 percent of the patients studied reported that 
     they would like their healthcare providers to ask them 
     privately about intimate partner violence.

           Subtitle A--Research on Health and Family Violence

      SEC. 311. HEALTH RESEARCH ON FAMILY VIOLENCE.

       Title III of the Public Health Service Act (42 U.S.C. 241 
     et seq.) is amended by adding at the end the following part:

  ``PART R--HEALTH RESEARCH ON FAMILY VIOLENCE; HEALTH PROFESSIONALS 
                               EDUCATION

     ``SEC. 399AA. DEFINITION.

       ``In this part the term `family violence' means any act or 
     threatened act of violence, including any forceful detention 
     of an individual, that--
       ``(1) results or threatens to result in physical injury 
     and/or sexual assault; and
       ``(2) is committed by a person against another individual 
     (including an elderly individual or a child)--
       ``(A) to whom such person is or was related by blood or 
     marriage or is otherwise legally related;
       ``(B) with whom such person is or was lawfully residing; or
       ``(C) with whom such person is or has been in a social 
     relationship of a romantic or intimate nature.

     ``SEC. 399AA-1. FAMILY VIOLENCE RESEARCH CENTERS.

       ``(a) Establishment.--The Secretary shall provide for the 
     establishment of family violence research and education 
     centers to conduct research and disseminate information, 
     including professional and public education, concerning 
     family violence.
       ``(b) Linkages.--In establishing centers under subsection 
     (a), the Secretary shall ensure that at least--
       ``(1) one center is affiliated with the National Institutes 
     of Health;
       ``(2) one center is affiliated with the Agency for Health 
     Care Research and Quality; and
       ``(3) each center is linked to national, State, and local 
     community resources, including domestic violence state 
     coalitions and local shelter-based domestic violence 
     programs, community health centers, health care delivery 
     systems, and domestic and sexual assault hotlines, through 
     which information may be distributed.
       ``(c) General Duties.--Each center established under 
     subsection (a) may provide for the conduct of family violence 
     research, including--
       ``(1) research concerning the prevalence and 
     characteristics of different forms of family violence, 
     including child abuse, domestic violence, and elder abuse;
       ``(2) research concerning the effects that family violence 
     and childhood exposure to family violence have on health 
     behaviors, health conditions and the health status of 
     individuals, families, and populations, and the health care 
     utilization and costs attributable to family violence;
       ``(3) research on effective interventions for adults and 
     children exposed to family violence;
       ``(4) research concerning the development, implementation, 
     evaluation, and dissemination of appropriate curricula for 
     health professional training in the area of family violence;
       ``(5) research concerning the effectiveness of different 
     educational methodologies that are used to present the 
     curricula described in paragraph (4);
       ``(6) research concerning the effects of mandatory domestic 
     violence reporting requirements, including the effects of 
     such requirements on--
       ``(A) the prevalence and incidence of family violence;
       ``(B) victim and dependent safety and self-efficacy;
       ``(C) referral and treatment patterns; and
       ``(D) access to health care, legal, and advocacy services; 
     and
       ``(7) research and testing of best messages and strategies 
     to mobilize public action concerning the prevention of family 
     violence.
       ``(d) Grants and Contracts.--
       ``(1) In general.--In carrying out subsection (a), the 
     Secretary may make grants to and enter into contracts with 
     public and nonprofit private entities capable of conducting 
     the research funded under this section.
       ``(2) Application for award.--The Secretary may make an 
     award of a grant or contract under paragraph (1) only if an 
     application for the award is submitted to the Secretary and 
     the application is in such form, is

[[Page 4360]]

     made in such manner, and contains such agreements, 
     assurances, and information as the Secretary determines to be 
     necessary to carry out the purposes for which the award is to 
     be made.
       ``(e) Advisory Board.--
       ``(1) In general.--The Secretary shall establish an 
     advisory board to make recommendations concerning the 
     research agenda carried out by the research centers under 
     this section.
       ``(2) Composition.--
       ``(A) Appointed members.--The advisory board shall be 
     composed of 19 members to be appointed by the Secretary as 
     follows:
       ``(i) Twelve members shall be appointed from among 
     individuals who are scientific or health care experts in the 
     areas of elder abuse, domestic violence, child abuse, mental 
     health, epidemiology, social work, or health education.
       ``(ii) Seven members shall be appointed from among 
     nationally recognized experts in domestic violence, child 
     abuse, and elder abuse who have a documented history of 
     effective and respected work in their respective field, of 
     which--

       ``(I) at least one member shall be an expert in domestic 
     violence and dating violence;
       ``(II) at least one member shall be an expert in child 
     abuse;
       ``(III) at least one member shall be an expert in elder 
     abuse;
       ``(IV) at least one member shall be an expert in the impact 
     of family violence on children and youth; and
       ``(V) at least one member shall be an expert in domestic 
     violence against older or disabled women.

       ``(B) Ex officio members.--The following shall be ex-
     officio members of the advisory board:
       ``(i) The Assistant Secretary for Health.
       ``(ii) The Director of the National Institutes of Health.
       ``(iii) The Director of the Centers for Disease Control and 
     Prevention.
       ``(iv) The Assistant Secretary for Children and Families.
       ``(v) The Assistant Secretary for Aging.
       ``(vi) The Administrator of the Health Resources and 
     Services Administration.
       ``(vii) The Assistant Attorney General for the Office of 
     Justice Programs.
       ``(viii) The Director of the Agency for Healthcare Research 
     and Quality.
       ``(C) Chairperson.--The members of the advisory board 
     appointed under subparagraph (A) shall elect a chairperson 
     from among such members.
       ``(3) Meetings.--The advisory board shall meet at the call 
     of the chairperson or upon the request of the Secretary, but 
     not less often than 2 times each year.
       ``(4) Duties.--In order to ensure the most effective use 
     and organization of Federal resources concerning family 
     violence, the advisory board shall provide advice and make 
     recommendations to Congress and the Secretary with respect to 
     the implementation and revision of the research agenda of the 
     research centers established under this section.
       ``(5) Subcommittees.--In carrying out its functions under 
     this subsection, the advisory board may establish 
     subcommittees, convene workshops and conferences, and collect 
     data. Such subcommittees may be composed of advisory board 
     members and nonmember consultants with expertise in the 
     particular area addressed by such subcommittees.
       ``(6) Reports.--The advisory board shall annually report to 
     the appropriate authorizing and appropriations committees of 
     Congress concerning the research agenda for the centers 
     established under this section and the progress made in 
     fulfilling that research agenda.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $15,000,000 for fiscal year 2004, and such sums as may be 
     necessary for each of the fiscal years 2005 through 2008.''.

           Subtitle B--Health Professional Education Programs

      SEC. 321. HEALTH PROFESSIONAL EDUCATION GRANTS.

       Part R of title III of the Public Health Service Act, as 
     added by section 311, is amended by adding at the end the 
     following:

     ``SEC. 399AA-2. HEALTH PROFESSIONAL EDUCATION GRANTS.

       ``(a) In General.--The Secretary shall award grants to 
     eligible entities to enable such entities to develop, 
     implement, evaluate, and disseminate family violence 
     education and training curricula, programs, and strategies.
       ``(b) Eligibility.--
       ``(1) In general.--To be eligible to receive a grant under 
     subsection (a), an entity-shall have a history of effective 
     work in the field of family violence and health care and--
       ``(A) be a health care entity eligible for reimbursement 
     under title XVIII of the Social Security Act or a local non-
     profit entity with expertise in family violence, a State 
     coalition for domestic violence, a State coalition for sexual 
     assault, or a State public health agency;
       ``(B) demonstrate an ability to maintain the training 
     systems established with amounts received under the grant 
     after the expiration of the grant funding and provide an 
     assurance that such systems will be maintained if determined 
     to be effective; and
       ``(C) prepare and submit to the Secretary at such time, in 
     such manner, and containing such agreements, assurances, and 
     information as the Secretary determines to be necessary to 
     carry out the purposes for which the grant is to be made.
       ``(2) Priority.--Applicants that can demonstrate that they 
     represent a team of organizations and agencies working 
     collaboratively to strengthen the health care system response 
     to family violence may receive priority in funding.
       ``(c) Use of Funds.--An entity shall use amounts received 
     under a grant under this section to--
       ``(1) conduct evaluations of existing family violence 
     identification and treatment training programs; and
       ``(2) develop (or adapt) and implement innovative training 
     models or programs to identify and appropriately treat and 
     refer victims of family violence in health professional 
     schools and for practicing, health, behavioral health and 
     public health providers.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $5,000,000 for fiscal year 2004, and such sums as may be 
     necessary for each of the fiscal years 2005 through 2008.''.

   Subtitle C--Grants to Foster Public Health Responses to Domestic 
                                Violence

      SEC. 331. GRANTS.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.) is amended by adding at the end the 
     following:

     ``SEC. 3990. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO 
                   DOMESTIC VIOLENCE.

       ``(a) Authority To Award Grants.--
       ``(1) In general.--The Secretary shall award grants under 
     this section to eligible State entities and eligible local 
     entities in order to strengthen the response of State and 
     local health care systems to domestic violence.
       ``(2) Definitions of eligible entities.--In this section:
       ``(A) Eligible state entity.--The term eligible State 
     entity' means a State department (or other division) of 
     health, a State domestic violence coalition or service-based 
     program, or any other nonprofit, tribal, or State entity with 
     a history of effective work in the field of domestic violence 
     and health care, that demonstrates that the applicant is 
     representing a team of organizations and agencies working 
     collaboratively to strengthen the response of the health care 
     system to domestic violence and that such team includes 
     domestic violence and health care organizations.
       ``(B) Eligible local entity.--The term eligible local 
     entity' means a nonprofit domestic violence service based 
     program, a local department (or other division) of health, a 
     local health clinic, hospital, or health system, or any other 
     nonprofit, tribal, or local entity with a history of 
     effective work in the field of domestic violence and health.
       ``(b) Number and Duration of Programs; Maximum Amount of 
     Grants.--
       ``(1) Number of programs.--Not more than--
       ``(A) 10 programs shall be conducted by eligible State 
     entities under a grant made under this section; or
       ``(B) 10 programs shall be conducted by eligible local 
     entities under a grant made under this section.
       ``(2) Duration.--A program conducted under a grant made 
     under this section by an eligible State entity or an eligible 
     local entity shall not exceed 4 years.
       ``(3) Maximum amount of grants.--A grant awarded under this 
     section shall not exceed--
       ``(A) $350,000 per year, in the case of a program conducted 
     by an eligible State entity; or
       ``(B) $150,000 per year, in the case of a program conducted 
     by an eligible local entity.
       ``(c) Use of Funds.--
       ``(1) Eligible state entities.--An eligible State entity 
     awarded a grant under this section shall use funds provided 
     under the grant to design and implement comprehensive 
     statewide strategies to improve the response of the health 
     care system to domestic violence in clinical and public 
     health care settings and to promote education and awareness 
     about domestic violence at a statewide level. Such strategies 
     shall be in accordance with the following:
       ``(A) Such strategies shall include the following:
       ``(i) Collaboration with State departments (or other 
     divisions) of health to integrate responses to domestic 
     violence into existing policy, practice, and education 
     efforts.
       ``(ii) Promotion of policies and funding sources that 
     advance domestic violence identification, training, and 
     protocol development and that protect the confidentiality of 
     patients and prohibit insurance discrimination.
       ``(iii) Promotion of policies and funding sources that 
     advance on-site access to services to address the safety, 
     medical, mental health, and economic needs of patients in 
     multiple settings either by increasing the capacity of 
     existing health care professionals

[[Page 4361]]

     and behavioral and public health staff to address domestic 
     violence issues or by contracting with or hiring domestic 
     violence advocates to provide the services, or by modeling 
     other services appropriate to the geographic and cultural 
     needs of a site.
       ``(iv) Training and follow-up technical assistance to 
     health care professionals and behavioral and public health 
     staff to screen for domestic violence, and then to 
     appropriately assess, treat, and refer patients who are 
     victims of domestic violence to domestic violence services.
       ``(B) Such strategies may also include the following:
       ``(i) Dissemination, implementation, and evaluation of 
     practice guidelines on domestic violence that guide the 
     response of health care professionals and behavioral and 
     public health staff to domestic violence.
       ``(ii) Where appropriate, development of training modules 
     and policies that address the overlap of child abuse, 
     domestic violence and elder abuse as well as childhood 
     exposure to domestic violence.
       ``(iii) Creation and implementation of public education 
     campaigns for patients and health care professionals and 
     behavioral and public health staff about domestic violence 
     prevention.
       ``(iv) Development and dissemination of education materials 
     to patients and health care professionals and behavioral and 
     public health staff.
       ``(v) Promotion of the inclusion of domestic violence into 
     medical and nursing school curriculum and integration of 
     domestic violence into health care accreditation and 
     professional licensing examinations, such as medical boards.
       ``(vi) Evaluation of the practice and institutionalization 
     of identification, intervention, and documentation of 
     domestic violence and promotion of the use of quality 
     improvement measurements.
       ``(2) Eligible local entities.--An eligible local entity 
     awarded a grant under this section shall use funds provided 
     under the grant to design and implement comprehensive local 
     strategies to improve the response of the health care system 
     to domestic violence in hospitals, clinics, managed care 
     settings, emergency medical services, and other health care 
     settings. Such strategies shall include the following:
       ``(A) Implementation, dissemination, and evaluation of 
     policies and procedures to guide health care professionals 
     and behavioral and public health staff responding to domestic 
     violence including identification, treatment, and 
     documentation of domestic violence and strategies to ensure 
     that health information is held in a manner that protects the 
     patient's privacy and safety.
       ``(B) Training and follow-up technical assistance to health 
     care professionals and behavioral and public health staff to 
     identify domestic violence, and then to appropriately assess, 
     treat, and refer patients who are victims of domestic 
     violence to domestic violence services.
       ``(C) Development of on-site access to services to address 
     the safety, medical, mental health, and economic needs of 
     patients either by increasing the capacity of existing health 
     care professionals and behavioral and public health staff to 
     address domestic violence issues, by contracting with or 
     hiring domestic violence advocates to provide the services, 
     or to model other services appropriate to the geographic and 
     cultural needs of a site.
       ``(D) Development or adaptation and dissemination of 
     education materials for patients and health care 
     professionals and behavioral and public health staff.
       ``(E) Evaluation of practice and the institutionalization 
     of identification, intervention, and documentation including 
     quality improvement measurements such as patient satisfaction 
     surveys, patient record reviews, case consultation, or other 
     methods used to evaluate and enhance staff compliance with 
     protocols.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated for the purpose of awarding grants under 
     this section $5,000,000 for each of the fiscal years 2004 
     through 2008.''.

    Subtitle D--Provision of Services Under Federal Health Programs

      SEC. 341. OPTIONAL COVERAGE OF DOMESTIC VIOLENCE 
                   IDENTIFICATION AND TREATMENT UNDER THE MEDICAID 
                   PROGRAM.

       (a) In General.--Section 1905 of the Social Security Act 
     (42 U.S.C. 1396d) is amended--
       (1) in subsection (a)(26), by striking ``and'' at the end;
       (2) by redesignating paragraph (27) of subsection (a) as 
     paragraph (28); and
       (3) by inserting after paragraph (26) of subsection (a) the 
     following new paragraph:
       ``(27) domestic violence identification and treatment 
     services (as defined in subsection (x));''; and
       (4) by adding at the end the following new subsection:
       ``(x) The term `domestic violence identification and 
     treatment services' means the following services (as 
     specified under the State plan) furnished by an attending 
     health care provider (or, in the case of services described 
     in paragraph (3), under arrangements between the provider and 
     domestic violence experts) to the patient:
       ``(1) Routine verbal inquiries of women aged 18 years or 
     older for domestic violence by a provider if the provider has 
     not previously screened the patient or if the patient has 
     been screened but the patient indicates that he or she is in 
     a new relationship regardless of whether there are any 
     clinical indicators or suspicion of abuse.
       ``(2) Danger assessment for persons who positively identify 
     for domestic violence, including an immediate safety 
     assessment, an initial risk assessment, and follow-up risk 
     assessments during subsequent visits.
       ``(3) Treatment relating to domestic violence, including 
     the following:
       ``(A) Safety education to assist the patient in developing 
     a plan to promote her safety and well-being, and appropriate 
     follow up.
       ``(B) Health education which provides written and verbal 
     information about domestic violence, its impact on health, 
     options for services, and any necessary follow up.
       ``(C) Psycho-social and counseling services that include an 
     initial assessment, development of a plan of care, individual 
     or group counseling (as needed), and follow-up assessment, 
     treatment, or intervention.
       ``(D) Documentation of screening, assessment, treatment, 
     referrals, injuries, and illnesses related to domestic 
     violence and who perpetrated the abuse using appropriate 
     diagnostic codes and confidentiality (except as required by 
     applicable State law).
       ``(4) Referral and case coordination for additional 
     services, including services from domestic violence programs, 
     community agencies, and judicial and other systems.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to services furnished on or after such date.

      SEC. 342. FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.

       (a) In General.--Section 8902 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(p)(1) A contract may not be made or a plan approved 
     which does not include coverage for domestic violence 
     identification and treatment services.
       ``(2) For purposes of this subsection, the term `domestic 
     violence identification and treatment services' has the 
     meaning given such term in section 1905(x) of the Social 
     Security Act.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to contracts made, and plans approved, after the 
     end of the 6-month period beginning on the date of the 
     enactment of this Act.

      SEC. 343. TRAINING GRANTS UNDER THE MATERNAL AND CHILD HEATH 
                   SERVICES BLOCK GRANT.

       (a) Preference in Certain Funding.--Section 502(b)(2) of 
     the Social Security Act (42 U.S.C. 702(b)(2)) is amended by 
     adding at the end the following new subparagraph:
       ``(C) Of the amounts retained for projects described in 
     subparagraphs (A) through (F) of section 501(a)(3), the 
     Secretary shall provide preference to qualified applicants 
     which demonstrate that the activities to be carried out with 
     such amounts include training of service providers in how to 
     identify and treat the effects of family violence, including 
     children who have been exposed to family violence. This 
     training should include--
       ``(i) identifying victims of family violence;
       ``(ii) assessing the immediate and short-term safety of the 
     victim, the impact of the abuse on his or her health and 
     assisting the victim in developing a plan to promote his or 
     her safety;
       ``(iii) examining and treating such victims within the 
     scope of the health professional's discipline, training, and 
     practice (including providing medical advice regarding the 
     dynamics and nature of family violence);
       ``(iv) 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, and establishing mechanisms to promote the 
     privacy and confidentiality of those medical records; and
       ``(v) referring the victim to public and private nonprofit 
     entities that provide services for such victims.''.
       (b) Requirement for Portion of Expenditures on Domestic 
     Violence Identification and Treatment.--Section 505(a)(5) of 
     the Social Security Act (42 U.S.C. 705(a)(5)) 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 new 
     subparagraph:
       ``(G) the State will set aside a reasonable portion (based 
     upon the State's previous use of funds under this title) of 
     the funds provided for domestic violence identification and 
     treatment services (as defined in section 1902(x)).''.
       (c) Reporting Data.--Section 506(a)(2) of the Social 
     Security Act (42 U.S.C. 706(a)(2)) is amended by inserting 
     after subparagraph (E) the following new subparagraph:
       ``(F) Information on how funds provided under this title 
     are used to identify and treat domestic violence.''.
       (d) Separate Program for Domestic Violence Identification 
     and Treatment.--Title V of the Social Security Act is amended 
     by adding at the end the following new section:

[[Page 4362]]




    ``separate program for domestic violence screening and treatment

       ``Sec. 511. (a) For the purpose described in subsection 
     (b), the Secretary shall, for fiscal year 2004 and each 
     subsequent fiscal year, allot to each State which has 
     transmitted an application for the fiscal year under section 
     505(a) an amount equal to the product of--
       ``(1) the amount appropriated in subsection (d) for the 
     fiscal year; and
       ``(2) the percentage determined for the State under section 
     502(c)(1)(B)(ii).
       ``(b) The purpose of an allotment under subsection (a) to a 
     State is to enable the State to provide for domestic violence 
     identification and treatment, including the provision of 
     domestic violence identification and treatment services (as 
     defined in section 1905(x)), increasing the number of persons 
     identified, assessed, treated, and referred and including 
     training of health care professionals, and behavioral and 
     public health staff, on how to identify and respond to 
     victims of domestic violence.
       ``(c)(1) Sections 503, 507, and 508 apply to allotments 
     under subsection (a) to the same extent and in the same 
     manner as such sections apply to allotments under section 
     502(c).
       ``(2) Sections 505 and 506 apply to allotments under 
     subsection (a) to the extent determined by the Secretary to 
     be appropriate.
       ``(d) For the purpose of allotments under subsection (a), 
     there are authorized to be appropriated for each fiscal year, 
     beginning with fiscal year 2004, such sums as may be 
     necessary.''.
       (e) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to fiscal years beginning after the date 
     of the enactment of this Act and the amendment made by 
     subsection (c) shall apply to annual reports submitted for 
     such fiscal years.

      SEC. 344. DOMESTIC VIOLENCE IDENTIFICATION AND TREATMENT 
                   SERVICES AT COMMUNITY HEALTH CENTERS.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.), as amended by section 331, is amended 
     by adding at the end the following:

     ``SEC. 399P. DOMESTIC VIOLENCE PREVENTION, IDENTIFICATION, 
                   AND TREATMENT AND PREVENTION GRANTS.

       ``(a) Grants Authorized.--The Secretary is authorized to 
     award grants to eligible entities to improve the 
     identification and treatment of domestic violence.
       ``(b) Use of Funds.--Grants awarded pursuant to subsection 
     (a) may be used for activities such as--
       ``(1) the implementation, dissemination, and evaluation of 
     policies and procedures to guide health care and behavioral 
     health care professionals and other staff responding to 
     domestic violence;
       ``(2) the provision of training and follow-up technical 
     assistance to health care professionals and staff to identify 
     domestic violence, and then to appropriately assess, treat, 
     and refer patients who are victims of domestic violence to 
     domestic violence service providers; and
       ``(3) the development of on-site access to services to 
     address the safety, medical, mental health, and economic 
     needs of patients either by increasing the capacity of 
     existing health care professionals and staff to address these 
     issues or by contracting with or hiring domestic violence 
     advocates to provide the services, or by developing other 
     models appropriate to the geographic and cultural needs of a 
     site.
       ``(c) Eligible Entity.--In this section, the term `eligible 
     entity' shall mean a federally qualified health center as 
     defined in section 1861(aa)(4) of the Social Security Act (42 
     U.S.C. 1395x(aa)(4)).
       ``(d) Applications.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of the fiscal years 2004 through 2007.''.
  Mr. FRIST. Mr. President, I would like to turn to several unanimous 
consent requests.

                          ____________________