(Sec. 1004) Directs the Secretary of Housing and Urban Development to allocate such funds on the basis of a national competition among nonprofit, nongovernmental organizations. Mandates a specified amount for grants to Indian tribes or tribal organizations that provide shelter or supportive services to such victims.
(Sec. 1005) Authorizes increased appropriations for FY 2000 through 2004.
Subtitle B: Full Faith and Credit for Protection Orders - Amends the Federal criminal code, with respect to enforcement of a protection order, to authorize a tribal court to exercise civil and criminal jurisdiction over any violator of a protection order within its jurisdiction, regardless of such person's status as an Indian or non-Indian, if the exercise of jurisdiction is authorized under the Civil Rights Act of 1968.
(Sec.1012) Authorizes the Attorney General to award grants to assist States, Indian tribal governments, and local government units to develop and strengthen effective law enforcement and recordkeeping strategies to enforce protective orders issued by sister States and tribal counterparts. Authorizes appropriations.
Subtitle C: Victims of Abuse Insurance Protection - Victims of Abuse Insurance Protection Act - Prohibits insurers from engaging in specified discriminatory practices with respect to individuals who are, have been, or may be the subject of abuse or have incurred or may incur abuse-related claims. Prescribes confidentiality guidelines governing disclosure of an individual's abuse status.
(Sec. 1027) Prohibits subrogation of claims resulting from abuse without the informed consent of the subject of abuse.
(Sec. 1028) Grants the Federal Trade Commission authority to enforce this Act. Authorizes a private cause of action in State or Federal court by a subject of abuse who has been adversely affected by actions of an insurer in violation of this Act.
Subtitle D: Access to Safety and Advocacy - Access to Safety and Advocacy Act - Authorizes the Attorney General to make grants to certain eligible grantees to provide legal assistance to domestic violence victims, regardless of race, gender, ethnicity, religion, sexual orientation or immigration status.
(Sec. 1037) Authorizes appropriations and prescribes allocation guidelines.
Subtitle E: Battered Women's Shelters and Services - Battered Women's Shelters and Services Act - Amends the Family Violence Prevention and Services Act to direct the Secretary of Health and Human Services (the Secretary) to make State demonstration grants available to tribal domestic violence coalitions.
(Sec. 1042) Instructs the Secretary to deny State demonstration grant applications that fail to document specific involvement of the State or tribal domestic violence coalitions and other knowledgeable entities in the development of the State application. Revises guidelines governing fund allotment and information and technical assistance centers. Specifies amounts for information and technical assistance centers, as well as for State domestic violence coalitions.
(Sec. 1043) Instructs the Secretary to award grants to: (1) develop and implement model community intervention strategies to address domestic violence in underserved populations; (2) enable State and tribal domestic violence coalitions to provide emergency assistance through an emergency assistance fund administered by such coalitions for victims of domestic violence; and (3) State, local, and tribal domestic violence coalitions for technical assistance and training.
Authorizes increased appropriations.
Subtitle F: Battered Immigrant Women's Economic Security - Amends title IV part A (Temporary Assistance to Needy Families) (TANF) of the Social Security Act (SSA) to authorize the Attorney General to waive certain removal grounds in the case of an alien who has been battered or subject to extreme cruelty and was not the primary perpetrator of violence in the relationship.
(Sec. 1053) Prescribes treatment of self-petitioning children of U.S. citizens and permanent residents, whether under or over age 21.
(Sec. 1056) Prescribes guidelines for the protection of battered children and children of battered immigrants for cancellation of removal or suspension of deportation.
(Sec. 1057) Creates a special category of eligibility for non-213A aliens (aliens without a sponsor's affidavit of support) who fall within specified domestic violence guidelines.
(Sec. 1058) Amends the Immigration and Nationality Act to cite circumstances in which the Attorney General may waive: (1) deportability for certain aliens who are first time domestic violence offenders, and are current in their court-ordered child support payments; and (2) inadmissibility criteria for certain aliens who are battered spouses whose family members are U.S. citizens or lawful permanent residents.
(Sec. 1061) Provides access to naturalization for divorced victims of abuse.
(Sec. 1063) Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), and the Housing and Community Development Act of 1980 to declare certain battered aliens eligible for food stamps and housing assistance, respectively.
(Sec. 1066) Amends the Social Security Act to prohibit the collection of information concerning the immigration status of a parent applying for assistance on behalf of a qualified child.
(Sec. 1068) Amends PRWORA to permit a battered alien to continue after divorce to count the qualifying quarters worked by the spouse-batterer during the marriage, thus enabling such alien to receive certain public benefits, including food stamps and supplemental security income (SSI).
(Sec.1070) Amends the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998 to assure access to Legal Services Corporation funds to aliens who have been battered or subjected to extreme cruelty.
Title II: Violence Against Women and the Workplace - Subtitle A: National Clearinghouse on Domestic Violence and Sexual Assault in the Workplace Grant - Authorizes the Attorney General to award a grant to a private non-profit entity or tribal organization for the establishment and operation of a national clearinghouse and resource center to provide information and assistance to employer and labor organization efforts to aid victims of domestic violence and sexual assault. Authorizes appropriations.
Subtitle B: Victims' Employment Rights - Victims' Employment Rights Act - Prohibits employer discrimination regarding conditions or privileges of employment predicated upon an employee's status as a victim of domestic violence, sexual assault, or stalking. Subjects a violator to liability for monetary damages, and for equitable relief, including reinstatement and promotion.
Subtitle C: Workplace Violence Against Women Prevention Tax Credit - Workplace Violence Against Women Prevention Tax Credit Act - Amends the Internal Revenue Code (IRC) to provide a workplace safety program tax credit for 40 percent of the costs incurred or paid by an employer for implementing workplace safety and education programs to combat violence against women.
Subtitle D: Employment Protection for Battered Women - Battered Women's Employment Protection Act - Amends the IRC to mandate unemployment compensation for an individual separated from employment as a direct result of a domestic violence experience.
(Sec. 2043) Amends the Social Security Act to mandate that claims reviewers and hearing personnel be trained in the nature and dynamics of domestic violence and in ascertaining and keeping confidential information about domestic violence experiences so that employee separations stemming from domestic violence are screened, identified, and adjudicated in full confidentiality.
(Sec. 2044) Amends the Family and Medical Leave Act of 1993 and the Federal Medical Leave Act to entitle to leave those employees who must address the effects of domestic violence.
Title III: Protections for Victims of Domestic Violence Under Programs Authorized under the Social Security Act - Amends SSA title IV part A (TANF) to prescribe guidelines under which States may grant temporary good cause waivers of compliance to victims of domestic violence without jeopardizing State compliance with TANF requirements.
(Sec. 3002) Extends to any unreasonable risk posed to the health, safety, or liberty of a parent or child certain protections from information disclosure applying to the Federal Parent Locator Service and any State plan for child and spousal support.
(Sec.3003) Prescribes guidelines under which the Secretary shall award building opportunities bonus grants to States for high performance in implementing a program designed to enhance the ability of recipients of assistance to become economically self-sufficient. Authorizes appropriations.
Title IV: Miscellaneous Provisions - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to instruct the Attorney General to award grants to State coalitions to coordinate State victim services activities, and to collaborate and coordinate with Federal, State, and local entities engaged in violence against women activities. Mandates that a specified percentage be made available in each fiscal year for grants to Indian tribal governments to address rural domestic violence and child abuse on tribal lands.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1069 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1069
To provide economic security and safety for battered women, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18 (legislative day, May 14), 1999
Mr. Wellstone (for himself, Mrs. Murray, and Mr. Schumer) introduced
the following bill; which was read twice and referred to the Committee
on Finance
_______________________________________________________________________
A BILL
To provide economic security and safety for battered women, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Battered Women's
Economic Security and Safety Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--DOMESTIC VIOLENCE PREVENTION
Subtitle A--Housing for Victims of Domestic Violence and Sexual Assault
Sec. 1001. Short title.
Sec. 1002. Findings.
Sec. 1003. Definitions.
Sec. 1004. Housing assistance for victims of domestic violence,
stalking, or sexual assault.
Sec. 1005. Authorization of appropriations.
Subtitle B--Full Faith and Credit for Protection Orders
Sec. 1011. Full faith and credit for protection orders.
Sec. 1012. Grant program.
Subtitle C--Victims of Abuse Insurance Protection
Sec. 1021. Short title.
Sec. 1022. Definitions.
Sec. 1023. Discriminatory acts prohibited.
Sec. 1024. Insurance protocols for subjects of abuse.
Sec. 1025. Reasons for adverse actions.
Sec. 1026. Life insurance.
Sec. 1027. Subrogation without consent prohibited.
Sec. 1028. Enforcement.
Sec. 1029. Effective date.
Subtitle D--Access to Safety and Advocacy
Sec. 1031. Short title.
Sec. 1032. Purpose.
Sec. 1033. Definitions.
Sec. 1034. Grant program.
Sec. 1035. Provision of technical assistance and training.
Sec. 1036. Evaluation.
Sec. 1037. Funding.
Subtitle E--Battered Women's Shelters and Services
Sec. 1041. Short title.
Sec. 1042. Family violence prevention and services improvements.
Sec. 1043. Model leadership grants; direct emergency assistance;
technical assistance and training.
Sec. 1044. Authorization of appropriations for family violence
prevention and services.
Subtitle F--Battered Immigrant Women's Economic Security and Safety
Sec. 1051. Purposes.
Sec. 1052. Waiver of certain removal grounds.
Sec. 1053. Self-petitioning children of United States citizens.
Sec. 1054. Self-petitioning children of lawful permanent residents.
Sec. 1055. Treatment of petitions including derivative children turning
21 years of age.
Sec. 1056. Protection of battered children and children of battered
immigrants for cancellation of removal or
suspension of deportation.
Sec. 1057. Nonapplicability of special rules relating to the treatment
of non-213a aliens.
Sec. 1058. Discretionary first time offender waivers for aliens making
child support payments.
Sec. 1059. Misrepresentation waivers for battered spouses of United
States citizens and lawful permanent
residents.
Sec. 1060. Public charge.
Sec. 1061. Access to naturalization for divorced victims of abuse.
Sec. 1062. Filing fees.
Sec. 1063. Access to food stamps and SSI for qualified battered aliens.
Sec. 1064. Exemption from 5-year bar.
Sec. 1065. Access to housing for battered immigrants.
Sec. 1066. Clarifying welfare reporting requirements for benefit
applicants.
Sec. 1067. Conforming definition of ``family'' used in laws granting
welfare access for battered immigrants to
State family law.
Sec. 1068. Ensuring that battered immigrants have access to food stamps
and SSI.
Sec. 1069. Technical correction to qualified alien definition for
battered immigrants.
Sec. 1070. Access to Legal Services Corporation funds.
TITLE II--VIOLENCE AGAINST WOMEN AND THE WORKPLACE
Sec. 2001. Findings.
Subtitle A--National Clearinghouse on Domestic Violence and Sexual
Assault in the Workplace Grant
Sec. 2011. National clearinghouse on domestic violence and sexual
assault in the workplace grant.
Subtitle B--Victims' Employment Rights
Sec. 2021. Short title.
Sec. 2022. Purposes.
Sec. 2023. Definitions.
Sec. 2024. Prohibited discriminatory acts.
Sec. 2025. Enforcement.
Sec. 2026. Attorney's fees.
Subtitle C--Workplace Violence Against Women Prevention Tax Credit
Sec. 2031. Short title.
Sec. 2032. Credit for costs to employers of implementing workplace
safety programs to combat violence against
women.
Subtitle D--Employment Protection for Battered Women
Sec. 2041. Short title and reference.
Sec. 2042. Purposes.
Sec. 2043. Unemployment compensation.
Sec. 2044. Entitlement to leave for addressing domestic violence for
non-Federal employees.
Sec. 2045. Entitlement to leave for addressing domestic violence for
Federal employees.
Sec. 2046. Existing leave usable for domestic violence.
Sec. 2047. Effect on other laws and employment benefits.
Sec. 2048. Effective date.
TITLE III--PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE UNDER SOCIAL
SECURITY ACT PROGRAMS
Sec. 3001. Waivers for victims of domestic violence under the TANF
program.
Sec. 3002. Disclosure protections under the Child Support Program.
Sec. 3003. Bonus to build real opportunities for poor families.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 4001. Grants to combat violence against women.
SEC. 2. DEFINITIONS.
In this Act, except as otherwise expressly provided:
(1) Domestic violence.--The term ``domestic violence'' has
the meaning given that term in section 2105 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
4), as amended by this Act.
(2) Sexual assault.--The term ``sexual assault''--
(A) 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
(B) includes both--
(i) assaults committed by offenders who are
strangers to the victim; and
(ii) assaults committed by offenders who
are known to the victim or related by blood or
marriage to the victim.
(3) Stalking.--The term ``stalking'' means engaging in a
course of conduct directed at a specific person that would
cause a reasonable person under the circumstances to have a
fear of death, or bodily injury or sexual assault to the person
or a member of the immediate family of the person, if--
(A) the individual engaging in such conduct has
knowledge or should have knowledge that the conduct
will cause the specific person to have that fear; and
(B) the conduct causes the specific person to have
that fear.
TITLE I--DOMESTIC VIOLENCE PREVENTION
Subtitle A--Housing for Victims of Domestic Violence and Sexual Assault
SEC. 1001. SHORT TITLE.
This subtitle may be cited as the ``Domestic Violence and Sexual
Assault Victims' Housing Act''.
SEC. 1002. FINDINGS.
Congress makes the following findings:
(1) Access to housing can prevent domestic violence and
mitigate its effects. The connection between domestic violence
and housing is overwhelming. Of all homeless women and
children, 50 percent are fleeing domestic violence.
(2) Among cities surveyed, 44 percent identified domestic
violence as a primary cause of homelessness.
(3) Women's poverty levels aggravate the problems of
homelessness and domestic violence. Two out of 3 poor adults
are women. Female-headed households are 6 times poorer than
male-headed households. In 1996, of the 7,700,000 poor families
in the country, 4,100,000 of them were single female-headed
households. In addition, 5,100,000 poor women who are not in
families are poor.
(4) Almost 50 percent of the women who receive assistance
under the State program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) cite domestic
violence as a factor in the need for assistance.
(5) Many women who flee violence are forced to return to
their abusers because of inadequate shelter or lack of money.
Even if they leave their abusers to go to a shelter, they often
return home because the isolation from familiar surroundings,
friends, and neighborhood resources makes them feel even more
vulnerable. Shelters and transitional housing facilities are
often located far from a domestic violence victim's
neighborhood. While this placement may be deliberate to protect
domestic violence victims from their abusers, it can also be
intimidating and alienating for a woman to leave her home,
community, cultural support system, and all that she knows for
shelter way across town. Thus, women of color and immigrant
women are less likely to become shelter residents.
(6) Women who do leave their abusers lack emergency shelter
options. The overall number of emergency shelter beds for
homeless people is estimated to have decreased by an average of
3 percent in 1997 while requests for shelter increased on the
average by 3 percent. Emergency shelters struggle to meet the
increased need for services with about 32 percent of the
requests for shelter by homeless families going unmet. In fact
88 percent of cities reported having to turn away homeless
families from emergency shelters due to inadequate resources
for services.
(7) Battered women and their children comprise an
increasing proportion of the emergency shelter population. Many
emergency shelters have strict time limits that require women
to find alternative housing immediately forcing them to
separate from their children.
(8) A stable, sustainable home base is crucial for women
who have left situations of domestic violence and are learning
new job skills, participating in educational programs, working
full-time jobs, or searching for adequate child care in order
to gain self-sufficiency. Transitional housing resources and
services provide a continuum between emergency shelter
provision and independent living.
SEC. 1003. DEFINITIONS.
In this subtitle:
(1) Domestic violence.--The term ``domestic violence''
includes acts or threats of violence, or acts of extreme
cruelty (as such term is referred to in section 216 of the
Immigration and Nationality Act (8 U.S.C. 1186a)), not
including acts of self-defense, committed by--
(A) a current or former spouse of the victim;
(B) a person with whom the victim shares a child in
common;
(C) a person who is cohabiting with or has
cohabited with the victim;
(D) a person who is or has been in a continuing
social relationship of a romantic or intimate nature
with the victim;
(E) a person similarly situated to a spouse of the
victim under the domestic or family violence laws of
the jurisdiction; or
(F) any other person against a victim whom is
protected from that person's acts under the domestic or
family violence laws of the jurisdiction.
(2) Family victimized by domestic violence, stalking, or
sexual assault.--
(A) In general.--The term ``family victimized by
domestic violence, stalking, or sexual assault''--
(i) means a family or household that
includes an individual who has been determined
under subparagraph (B) to have been a victim of
domestic violence, stalking, or sexual assault,
except that, if the individual determined under
subparagraph (B) to be a victim has not
attained the age of 18 years, the family or
household must also include a parent,
stepparent, legal guardian, or other
responsible caretaker for the minor; and
(ii) does not include any individual who
committed the domestic violence, stalking, or
sexual assault.
(B) Determination that family or individual was a
victim of domestic violence, stalking, or sexual
assault.--For purposes of subparagraph (A), a
determination by under this subparagraph is a
determination by an agency or official of a State,
Indian tribe, tribal organization, or unit of general
local government that domestic violence, stalking, or
sexual assault has been committed, which determination
is based on--
(i) information provided by a medical,
legal, counseling, or other clinic, shelter,
sexual assault program or other program or
entity licensed, recognized, or authorized by
the State, Indian tribe, tribal organization,
or unit of general local government to provide
services to victims of domestic violence,
stalking, or sexual assault;
(ii) information provided by any agency of
the State, Indian tribe, tribal organization,
unit of general local government, or qualified,
nonprofit, nongovernmental organization that
provides or administers the provision of
social, medical, legal, or health services;
(iii) information provided by any clergy;
(iv) information provided by any hospital,
clinic, medical facility, or doctor licensed or
authorized by the State, Indian tribe, tribal
organization, or unit of general local
government to provide medical services;
(v) a petition, application, or complaint
filed in any State, Federal, or tribal court or
administrative agency, documents or records of
action or decision of any court, law
enforcement agency, or administrative agency,
including any record of any protective order,
injunction, or temporary or final order issued
by civil or criminal courts, any self-petition
or any police report; or
(vi) any other reliable evidence that
domestic violence, stalking, or sexual assault
has occurred.
(C) Sufficiency of victim statement.--In making a
determination under subparagraph (B), the sworn
statement of a victim that domestic violence, stalking,
or sexual assault has occurred shall be sufficient
unless the agency or official has an independent,
reasonable basis to find the individual not credible.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 2002(3) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(3)).
(4) Qualified, nonprofit, nongovernmental organization.--
The term ``qualified, nonprofit, nongovernmental organization''
means a private organization that--
(A) is organized, or has as 1 of its primary
purposes, to provide emergency shelter, transitional
housing, or permanent housing for victims of domestic
violence, stalking, or sexual assault or is a medical,
legal, counseling, social, psychological, health, job
training, educational, life skills development, or
other clinical services program for victims of domestic
violence, stalking, or sexual assault that undertakes a
collaborative project with a qualified, nonprofit,
nongovernmental organization that primarily provides
emergency shelter, transitional housing, or permanent
housing for low-income people;
(B) is organized under State, tribal, or local
laws;
(C) has no part of its net earnings inuring to the
benefit of any member, shareholder, founder,
contributor, or individual;
(D) is approved by the Secretary as to financial
responsibility; and
(E) demonstrates experience in providing services
to victims of domestic violence, stalking, or sexual
assault.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(6) Sexual assault.--The term ``sexual assault''--
(A) means any conduct proscribed by chapter 109A of
title 18, United States Code, whether or not the
conduct occurs in the special maritime and territorial
jurisdiction of the United States, on an Indian
reservation, or in a Federal prison; and
(B) includes--
(i) both assaults committed by offenders
who are strangers to the victims and assaults
committed by offenders who are known to the
victims or related by blood or marriage to the
victim; and
(ii) assaults against both adults and
children.
(7) Stalking.--The term ``stalking'' means engaging in a
course of conduct directed at a specific person that would
cause a reasonable person to fear death, sexual assault, or
bodily injury to himself or herself or a member of his or her
immediate family, when the person engaging in such conduct has
knowledge or should have knowledge that the specific person
will be placed in reasonable fear of death, sexual assault, or
bodily injury to himself or herself or a member of his or her
immediate family and when the conduct induces fear in the
specific person of death, sexual assault, or bodily injury to
himself or herself or a member of his or her immediate family.
(8) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, and any other
territory or possession of the United States.
(9) Transitional housing.--The term ``transitional
housing'' includes short-term housing and has the meaning given
the term in subchapter IV, part C of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11384(b)).
(10) Tribal organization.--The term ``tribal organization''
means a private, nonprofit, nongovernmental, or tribally
chartered organization--
(A) whose primary purpose is to provide emergency
shelter, transitional housing, or permanent housing or
supportive services to individuals or families
victimized by domestic violence, stalking, or sexual
assault;
(B) that operates within the exterior boundaries of
an Indian reservation; and
(C) whose board of directors reflects the
population served.
(11) Unit of general local government.--The term ``unit of
general local government'' has the meaning given that term in
section 102(a) of the Housing and Community Development Act of
1974 (42 U.S.C. 5302(a)).
SEC. 1004. HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC VIOLENCE,
STALKING, OR SEXUAL ASSAULT.
(a) In General.--
(1) Supportive housing.--The additional amounts authorized
under section 2005 to be made available under section 429 of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11389) shall be used by the Secretary only to assist qualified,
nonprofit, nongovernmental organizations in providing
supportive housing (as such term is referred to in subchapter
IV of part C of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11384)), tenant-based rental assistance, financial
assistance for security deposit, first month's rent, or ongoing
rental assistance on behalf of individuals or families
victimized by domestic violence, stalking, or sexual assault
who have left or who are leaving a residence as a result of the
domestic violence, stalking, or sexual assault.
(2) Requirements for recipients.--Each recipient of
assistance under this subtitle shall--
(A) supplement the assistance provided under this
subsection with a 25 percent match of funds for
supportive services (as such term is referred to in
subchapter IV of part C of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11385)) from sources
other than this subsection; and
(B) certify to the Secretary its compliance with
this subsection, which certification shall include a
description of the sources and amounts of such
supplemental funds.
(b) Determination.--For purposes of subsection (a), an individual
or a family victimized by domestic violence, stalking, or sexual
assault shall be considered to have left or to be leaving a residence
as a result of domestic violence, stalking, or sexual assault if the
qualified, nonprofit, nongovernmental organization providing support,
including tenant-based rental assistance, financial assistance for
security deposit, first month's rent, or ongoing rental assistance
under subsection (a) determines that the individual or member of the
family who was a victim of the domestic violence, stalking, or sexual
assault reasonably believes that relocation from such residence will
assist in avoiding future domestic violence, stalking, or sexual
assault against such individual or another member of the family.
(c) Allocation.--
(1) National competition.--Subject to paragraphs (2) and
(3), the amount made available to carry out this subtitle in
each fiscal year shall be allocated by the Secretary on the
basis of a national competition among the qualified, nonprofit,
nongovernmental organizations that submit applications to the
Secretary that best demonstrate a need for such assistance,
including the extent of service provided to underserved
populations (as defined in section 2003(7) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7)))
and the ability to undertake and carry out a program under
subsection (a), as the Secretary shall determine.
(2) Indian assistance.--Of the amount made available to
carry out this subtitle in each fiscal year, not less than 5
percent shall be used for grants to Indian tribes or Indian
tribal organizations that provide emergency shelter,
transitional housing, or permanent housing or supportive
services to individuals or families victimized by domestic
violence, stalking, or sexual assault. An Indian tribe or
Indian tribal organization that receives a grant with the
amount set-aside under this paragraph may apply for and receive
other any other grant under this subtitle.
(3) Reallocation.--
(A) In general.--If, at the end of the 6th month of
any fiscal year for which amounts are made available to
carry out this subtitle, the amount appropriated has
not been made available to a qualified, nonprofit,
nongovernmental organization under subsection (a), the
Secretary shall allocate such amount to qualified,
nonprofit, nongovernmental organizations that are
eligible for funding under subchapter IV of part C of
the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11381 et seq.).
(B) Availability.--Any amount reallocated under
subparagraph (A) shall remain available for expenditure
until the last day of the fiscal year following the
fiscal year during which the amount becomes available
for reallocation under this paragraph.
SEC. 1005. AUTHORIZATION OF APPROPRIATIONS.
To carry out this subtitle, the authorization of appropriations
under section 429(a) of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11389(a)) shall be increased by $50,000,000 for fiscal year
2000 and by such sums as may be necessary for each of fiscal years 2000
through 2004.
Subtitle B--Full Faith and Credit for Protection Orders
SEC. 1011. FULL FAITH AND CREDIT FOR PROTECTION ORDERS.
(a) In General.--Subsection 2265 of title 18, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ``Any protection'' and inserting
the following:
``(1) In general.--Any protection order''; and
(B) by adding at the end the following:
``(2) Enforcement by tribal courts.--
``(A) In general.--For purposes of enforcement of a
protection order described in subsection (a), a tribal
court may exercise civil and criminal jurisdiction over
any person, without regard to whether that person is an
Indian or non-Indian, who violates a protection order
within the jurisdiction of the tribal court, if the
exercise of jurisdiction is authorized under title II
of the Civil Rights Act of 1968 (25 U.S.C. 1301 et
seq.).
``(B) Habeas corpus review.--The exercise of
criminal jurisdiction under this paragraph is subject
to Federal court habeas corpus review under section 203
of the Civil Rights Act of 1968 (25 U.S.C. 1302) after
tribal court remedies are exhausted.
``(3) Presumption of validity.--For purposes of Federal,
State, and tribal law enforcement, a protection order issued by
a Federal, State, or tribal court shall be presumed to be
valid.'';
(2) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
accordingly;
(B) by striking ``In the case of'' and inserting
the following:
``(2) Ex parte orders.--In the case of'';
(C) by striking ``A protection order'' and
inserting the following:
``(1) In general.--A protection order''; and
(D) by adding at the end the following:
``(3) Tribal court orders.--For purposes of paragraph (1),
a Federal, State, or tribal court may not refuse to enforce a
tribal court order on the grounds that the tribal court lacks
jurisdiction over the defendant because of the status of the
defendant as a non-Indian or an Indian who is not a member of
the Indian tribe.''; and
(3) by adding at the end the following:
``(d) Rules of Construction.--Nothing in this section may be
construed--
``(1) to require the prior filing or registration of a
protection order in the enforcing State or tribal government in
order to secure enforcement pursuant to subsection (a);
``(2) to permit an enforcing State or tribal government to
notify the party against whom the order has been made that a
protection order has been registered or filed in that State or
tribal government; or
``(3) to require notification of the party against whom the
order was made in order to secure enforcement by a law
enforcement officer pursuant to subsection (a).''.
(b) Definitions.--Section 2266 of title 18, United States Code, is
amended--
(1) by designating the first 6 undesignated paragraphs as
paragraphs (1) through (6), respectively;
(2) in each of paragraphs (1) through (4), as so
designated, by striking the period at the end and inserting a
semicolon;
(3) in paragraph (3), as so designated--
(A) by inserting ``issued pursuant to State or
tribal divorce and child custody laws'' after ``custody
orders''; and
(B) by inserting before the period at the end the
following: ``, and includes any related child custody
or visitation order''; and
(4) in paragraph (5), as so designated, by striking the
period at the end and inserting ``; and''.
SEC. 1012. GRANT PROGRAM.
(a) In General.--The Attorney General may award grants to assist
States, Indian tribal governments, and units of local government to
develop and strengthen effective law enforcement and recordkeeping
strategies to assist States, Indian tribal governments, and units of
local government to enforce protective orders issued by other States,
Indian tribal governments, or units of local government.
(b) Uses of Funds.--
(1) In general.--Grants awarded under this section shall be
used to provide training and enhanced technology compatible
with existing law enforcement systems including the National
Crime Information Center to enforce protection orders.
(2) Uses of funds.--Amounts received under this section may
be used to train law enforcement, prosecutors, court personnel,
victim service providers, and others responsible for the enforcement of
protection orders, and to develop, install, or expand data collection
and communication systems, including computerized systems, linking
police, prosecutors, and courts for the purpose of identifying and
tracking protection orders and violations of protection orders and
training.
(3) Grants to tribal governments.--Not less than 50 percent
of the amount made available under subsection (c) in each
fiscal year shall be used for grants to Indian tribal
governments.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for each of fiscal
years 2000 through 2004.
Subtitle C--Victims of Abuse Insurance Protection
SEC. 1021. SHORT TITLE.
This subtitle may be cited as the ``Victims of Abuse Insurance
Protection Act''.
SEC. 1022. 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. 1023. 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 on 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, or associate, 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
(ii) disclose or transfer information
relating to an applicant's or insured's
location or telephone number or the location
and telephone number of a shelter for subjects
of abuse, 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. 1024. 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. 1025. 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. 1026. 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. 1027. SUBROGATION WITHOUT CONSENT PROHIBITED.
Subrogation of claims resulting from abuse is prohibited without
the informed consent of the subject of abuse.
SEC. 1028. 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. 1029. EFFECTIVE DATE.
This subtitle shall apply with respect to any action taken on or
after the date of enactment of this Act, except that section 2024 shall
only apply to actions taken after the expiration of 60 days after such
date of enactment.
Subtitle D--Access to Safety and Advocacy
SEC. 1031. SHORT TITLE.
This subtitle may be cited as the ``Access to Safety and Advocacy
Act''.
SEC. 1032. PURPOSE.
The purpose of this subtitle is to enhance safety and justice for
victims of domestic violence throughout the United States through
improved access to the justice system and improved legal assistance.
SEC. 1033. DEFINITIONS.
In this subtitle:
(1) Domestic violence program.--The term ``domestic
violence program'' means a nonprofit, nongovernmental
organization, the primary purpose of which is to provide
advocacy on behalf of and comprehensive services to victims of
domestic violence, including--
(A) crisis hotlines;
(B) shelter or safe homes;
(C) transitional housing;
(D) task forces or coordinating councils;
(E) food assistance;
(F) counseling;
(G) systems advocacy;
(H) transportation;
(I) safety planning;
(J) information and referral; and
(K) legal advocacy and representation.
(2) Eligible grantee.--The term ``eligible grantee'' means
any--
(A) domestic violence program;
(B) State, tribal, or local bar association;
(C) law school clinical program;
(D) nonprofit legal service;
(E) court-based pro se program;
(F) bar association or domestic violence legal
information and referral service or hotline; or
(G) State or tribal coalition of domestic violence
programs.
(3) Law school program.--The term ``law school program''
means an internship, externship, clinic, or other legal
representation program or initiative located at an accredited
school of law which has as its primary purpose the provision of
legal representation, information, or assistance to victims of
domestic violence directed at stopping the violence, enhancing
victim safety, achieving economic justice, or protecting child
victims of domestic violence.
(4) Legal assistance.--The term ``legal assistance''
includes--
(A) direct representation of and assistance to
victims of domestic violence in any civil action,
administrative proceeding, criminal case in which the
defendant advances a claim of duress or a defense of
self or other, or clemency proceeding, from intake
through adjudication, enforcement, and appeal, directed
at stopping the violence, enhancing victim safety,
assuring economic protection and well-being, and
protecting child victims of domestic violence; and
(B) legal advocacy, including issue identification,
safety planning, evaluating options, policy analysis,
representation enhancement, outreach activities,
accompaniment, information, directories, and referral,
monitoring the civil and criminal justice process, and
coordinating among legal, social, and health care
systems, offered by personnel of domestic violence
programs, that is directed at stopping the violence,
enhancing victim safety, assuring economic protection
and well-being, or protecting child victims of domestic
violence.
(5) Nonprofit direct legal services.--The term ``nonprofit
direct legal services'' means a nonprofit legal organization
that has as its primary purpose the provision of legal
assistance persons on a no-cost, sliding scale, deferred
payment or fixed fee basis on civil or criminal legal matters
and which provides specialized representation to victims of
domestic violence directed at stopping the violence, enhancing
victim safety, achieving economic justice, or protecting child
victims of domestic violence.
(6) Pro bono program.--The term ``pro bono program'' means
a program affiliated with a State, tribal, or local court, bar
association, nonprofit direct legal services organization or a
domestic violence program that offers no-cost representation,
legal educational programs or information and referral services
to victims of domestic violence directed at stopping the
violence, enhancing victim safety, achieving economic justice,
or protecting child victims of domestic violence.
(7) Pro se program.--The term ``pro se program'' means a
program based in a State, tribal, or local court, a nonprofit
direct legal services organization, or a domestic violence
program, in order to assist victims of domestic violence--
(A) in preparation and filing of court pleadings,
forms, memos, proposed orders, and related documents,
in effecting service and in representation of
themselves in any civil or administrative matters or
proceedings directed at stopping the violence,
enhancing victim safety, achieving economic justice, or
protecting child victims of domestic violence;
(B) to develop comprehensive safety plans; and
(C) to offer information and referral services.
(8) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, and any other
territory or possession of the United States.
(9) State, tribal, or local bar association.--The term
``State, tribal, or local bar association'' means a State,
tribal, or local association of attorneys of a specified
geographic area whose members are licensed to practice in the
jurisdiction or jurisdictions, as applicable, and that offers
information, referral, or pro bono legal services to victims of
domestic violence related to civil actions, administrative
proceedings and criminal defense directed at stopping the
violence, enhancing victim safety, achieving economic justice,
or protecting child victims of domestic violence.
(10) State coalition of domestic violence programs.--The
term ``State coalition of domestic violence programs'' means a
private, nonprofit statewide membership organization of
domestic violence programs that, among other activities,
provides training and technical assistance to domestic violence
programs within the State, Commonwealth, territory, or lands
under Federal military or tribal authority.
(11) Tribal coalition of domestic violence programs.--The
term ``tribal coalition of domestic violence programs'' means a
private nonprofit coalition whose membership includes
representatives from a majority of the programs for victims of
domestic violence operating within the boundaries of an Indian
reservation and programs whose primary purpose is serving the
population of such Indian country, and whose board membership
is representative of such programs.
(12) Tribal organization.--The term ``tribal organization''
means a tribally chartered organization operating within the
boundaries of an Indian reservation whose governing body
reflects the populations served.
SEC. 1034. GRANT PROGRAM.
(a) Grant Authority.--The Attorney General may award grants to
eligible grantees in accordance with this section, which shall be used
to further the health, safety, and economic needs of victims of
domestic violence, regardless of the race, ethnicity, gender, sexual
orientation, religion, or immigration status of those victims, through
the provision of legal assistance to those victims.
(b) Application Requirements.--
(1) In general.--Subject to paragraph (2), in order to
receive a grant under this section, an eligible grantee shall--
(A) with respect to any eligible grantee described
in subparagraphs (B) through (F) of section 2033(2),
include documentation of an ongoing partnership and
working relationship with a domestic violence program
or State or tribal coalition of domestic violence
programs;
(B) demonstrate a history of providing direct legal
or advocacy services in a manner that is accountable to
the community served; and
(C) certify in writing that--
(i) any person providing direct legal
representation or advocacy through a program
funded under this section has completed
training on domestic violence law and practice;
(ii) any training program conducted in
satisfaction of the requirement of clause (i)
will be developed with input from and in
collaboration with a domestic violence program
or State of tribal coalition of domestic
violence programs;
(iii) the applicant agency will, to the
maximum extent practicable, petition for the
shifting of litigation costs to the abuser;
(iv) the applicant agency does not require
clients to engage in mediation or encourage
mediation in domestic violence cases or related
civil matters;
(v) any person providing direct legal
representation or advocacy through a program
funded under this section has informed the
appropriate State or tribal domestic violence
coalitions of their work and participates in
any statewide networking among legal assistance
providers to victims of domestic violence; and
(vi) the applicant agency's policies and
practices do not encourage victims to seek or
obtain the insurance of mutual orders of
protection.
(2) Waiver.--
(A) In general.--The Attorney General may waive the
requirements of paragraph (1) for good cause, if the
applicant--
(i) is seeking a grant to fund activities
described in paragraphs (1) through (5) of
subsection (c);
(ii) cannot meet all of the conditions
described in clauses (i) through (vi) of
paragraph (1)(C); and
(iii) demonstrates a commitment to improved
access to the justice system for victims of
domestic violence.
(B) Application for waiver.--An eligible grantee
seeking a waiver under this paragraph shall submit to
the Attorney General an application that--
(i) contains a certification by the
applicant's chief executive officer or its
designee that the applicant is seeking a waiver
under this paragraph; and
(ii) describes plans to further the
purposes as stated in paragraphs (1) through
(6) of subsection (c).
(c) Purposes.--Grants awarded under this section may be used to--
(1) enhance the availability and quality of legal
representation to victims of domestic violence in civil
actions, criminal defense, administrative proceedings, and
other courts;
(2) strengthen and expand legal advocacy programs for
victims of domestic violence;
(3) encourage the development of partnerships between
domestic violence programs and the full spectrum of legal
representation and advocacy programs, including--
(A) private practitioners;
(B) government and public sector attorneys;
(C) direct legal services programs;
(D) bar associations;
(E) legal hotlines; and
(F) law school programs;
(4) increase the participation of the private bar in pro
bono and low-cost representation of and assistance to victims
of domestic violence;
(5) improve judicial and administrative handling of cases
involving victims of domestic violence; and
(6) improve legal education on domestic violence in law
schools and in continuing professional education programs.
(d) Matching Requirement.--The Attorney General may not award a
grant to an eligible grantee under this section unless the eligible
grantee agrees that, with respect to the costs to be incurred by the
eligible grantee in carrying out the program for which the grant was
awarded, the State will make available (directly or through donations
from public or private entities) non-Federal contributions in an amount
not to exceed 20 percent of Federal funds provided under the grant,
except that grantees who are nonprofit, nongovernmental organizations
shall be exempt from this matching requirement.
(e) Nonsupplantation.--Federal funds received under this section
shall be used to supplement, not supplant, other Federal and non-
Federal funds that would otherwise be available for expenditure on
activities described in this section. Amounts made available under this
section may be used to fund new programs or to expand or enhance
existing programs.
SEC. 1035. PROVISION OF TECHNICAL ASSISTANCE AND TRAINING.
The Attorney General may provide, either directly or through
contract or other arrangements with 1 or more other entities--
(1) technical assistance to further the purpose of this
subtitle, including--
(A) consultation to and problem-solving with any
grantee related to the implementation of grants;
(B) litigation support for advocates, attorneys,
and grantee programs, including the establishment of an
archive and database related to trial memos, briefs,
and case law on civil, administrative, and criminal
matters on domestic violence;
(C) the development of materials to assist in the
education of legal advocates, law students, and
attorneys on providing services to victims of domestic
violence and their children;
(D) the development of information packets on
mentoring programs for building the capacity of
advocates and attorneys to enhance the quality of
services to victims of domestic violence;
(E) the identification of promising practices for
partnerships between direct legal services programs,
the private bar, and law schools with domestic violence
programs to enhance legal advocacy and representation
of victims of domestic violence and their children; and
the development of protocols or program guidelines for
partnership initiatives; and
(F) the development of statewide databases and a
national clearinghouse and database relating to the
provision of advocacy and representation for victims of
domestic violence; and
(2) training to further the purpose of this subtitle,
including--
(A) training to educate legal advocates and
attorneys about stopping the violence, enhancing victim
safety, achieving economic justice, and protecting
child victims and witnesses of domestic violence,
including--
(i) the identification and development of
training materials on an array of civil,
administrative, and criminal issues related to
domestic violence; and
(ii) the provision of site, regional, or
national consultations and training of
advocates, attorneys, or law faculty on
domestic violence advocacy and representation;
and
(B) training relating to--
(i) legal strategies and practice issues in
civil, administrative, and criminal cases and
in enforcement proceedings relating to domestic
violence;
(ii) safety planning for victims and their
children;
(iii) statutory, regulatory, and case law
which affect or protect victims of domestic
violence and their children;
(iv) coordinating efforts in civil,
criminal, administrative, and other proceedings
affecting a victim of domestic violence or the
victim's family;
(v) developing partnerships for advocacy
and representation for victims of domestic
violence; and
(vi) creating multidisciplinary, community-
based approaches to enhance legal advocacy and
representation in justice-seeking efforts for
victims of domestic violence.
SEC. 1036. EVALUATION.
The Attorney General may evaluate impact of the grants awarded
under this subtitle through contract or other arrangement with 1 or
more other entities that have expertise in domestic violence and
evaluation research.
SEC. 1037. FUNDING.
(a) In General.--There are authorized to be appropriated to carry
out this subtitle--
(1) $30,000,000 for fiscal year 2000;
(2) $44,000,000 for fiscal year 2001; and
(3) $57,000,000 for fiscal year 2002.
(b) Allocation.--Of the amount made available under this section in
each fiscal year--
(1) not less than 70 percent shall be used for grants for
legal assistance programs under section 2034;
(2) not more than 15 percent shall be used to provide
technical assistance and training under section 2035;
(3) not more than 5 percent shall be used for evaluation
under section 2036;
(4) not more than 5 percent shall be used for the costs of
administration; and
(5) not less than 5 percent shall be used for grants to
tribal organizations.
(c) Assistance to State or Tribal Domestic Violence Coalitions.--
Any grant awarded under this subtitle to a tribal organization or a
State or tribal domestic violence coalition shall be in addition to any
assistance made available to the tribal organization or State or tribal
domestic violence coalition under the Violence Against Women Act of
1994 or any provision of law amended by that Act.
Subtitle E--Battered Women's Shelters and Services
SEC. 1041. SHORT TITLE.
This subtitle may be cited as the ``Battered Women's Shelters and
Services Act''.
SEC. 1042. FAMILY VIOLENCE PREVENTION AND SERVICES IMPROVEMENTS.
(a) State Demonstration Grants.--
(1) Application.--Section 303(a)(2)(C) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C))
is amended by striking ``populations underserved because of
ethnic, racial, cultural, language diversity or geographic
isolation;'' and inserting ``populations underserved because of
race, ethnicity, age, disability, sexual orientation, religion,
alien status, geographic location (including rural isolation),
or language barriers, and any other populations determined by
the Secretary to be underserved;''.
(2) Tribal domestic violence coalitions.--Section 303(b) of
the Family Violence Prevention and Services Act (42 U.S.C.
10402(b)) is amended--
(A) by redesignating paragraphs (2) and (3) as
subparagraphs (B) and (C), respectively;
(B) in the matter preceding subparagraph (B), as
redesignated in subparagraph (A) of this paragraph, by
striking ``of such amounts to make grants'' and
inserting the following: ``of such amounts to make
grants under paragraphs (2) and (3).
``(2)(A) Using amounts made available under paragraph (1), the
Secretary shall make grants'';
(C) in subparagraph (B), as redesignated in
subparagraph (A) of this paragraph--
(i) by striking ``this subsection'' each
place it appears and inserting ``this
paragraph''; and
(ii) by striking ``paragraph (1)'' and
inserting ``this paragraph''; and
(D) by adding at the end the following:
``(3)(A) Using not less than 5 percent of the amounts made
available under paragraph (1), the Secretary shall make grants to
tribal domestic violence coalitions.
``(B) To be eligible to receive a grant under this paragraph, an
entity shall be a private nonprofit coalition--
``(i) whose membership includes representatives from--
``(I) a majority of the programs for victims of
domestic violence operating within the boundaries of an
Indian reservation; and
``(II) programs whose primary purpose is serving
the populations of an area of Indian country; and
``(ii) that has a governing board whose membership
represents the programs described in clause (i).
``(C) A coalition that receives a grant under this paragraph shall
use the funds made available through the grant to further the purposes
of domestic violence intervention and prevention through activities
including--
``(i) providing training and technical assistance for local
Indian domestic violence programs providing shelter or related
assistance and providers of direct services to encourage
appropriate responses to domestic violence in Indian country;
``(ii) planning and conducting needs assessments and
planning for comprehensive services to address domestic
violence in Indian country;
``(iii) serving as an information clearinghouse and
resource center for the Indian reservation represented by the
coalition receiving the funds;
``(iv) collaborating with Indian, State, and Federal
governmental entities that affect victims of domestic violence
in Indian country, including judicial, law enforcement, and
child protective services agencies, to encourage appropriate
responses to domestic violence cases;
``(v) conducting public education and outreach activities
addressing domestic violence in Indian country;
``(vi) collaborating with State domestic violence
coalitions in carrying out the activities described in clauses
(i) through (v); and
``(vii) participating in planning and monitoring the
distribution of grants and grant funds to tribes and
organizations under paragraph (2).''.
(3) Denial of application.--Section 303 of the Family
Violence Prevention and Services Act (42 U.S.C. 10402) is
amended by adding at the end the following:
``(g) The Secretary shall deny any State or tribal application
submitted under this section that fails to provide documentation,
including a memorandum of understanding, of the specific involvement of
the appropriate State or tribal domestic violence coalition and other
knowledgeable individuals and interested organizations, in the
development of the State or tribal application.''.
(b) State Minimum; Reallotment.--Section 304 of the Family Violence
Prevention and Services Act (42 U.S.C. 10403) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``for grants to States''
and inserting ``and available for grants to
States under section 303(a)'';
(ii) by inserting after ``grant authorized
under section 303(a)'' the following:
``$500,000, with the remaining funds to be
allotted to each State in''; and
(iii) by striking ``such sums'' and
inserting ``such remaining funds''; and
(B) by striking ``except that--'' and all that
follows and inserting ``except that Guam, American
Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and the
combined Freely Associated States shall each be
allotted not less than \1/8\ of 1 percent of the
amounts available for grants under section 303(a) for
the fiscal year for which the allotment is made.'';
(2) in subsection (c), in the first sentence, by inserting
``and available'' before ``for grants''; and
(3) in subsection (d)--
(A) in paragraph (1), by inserting before the
period the following: ``, in proportion to the original
allotments made to the States for such year'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting before paragraph (3) the
following:
``(2) If, at the end of the sixth month of a fiscal year for which
sums are appropriated under section 310--
``(A) the entire portion of such sums that is made
available for grants under section 303(b) has not been
distributed to Indian tribes and organizations described in
section 303(b) in grants because of the failure of 1 or more of
the tribes or organizations to meet the requirements for such a
grant, the Secretary shall--
``(i) use the remainder of the portion to make
grants under section 303(b) to Indian tribes and
organizations who meet the requirements; and
``(ii) make the grants in proportion to the
original grants made to the tribes and organizations
under section 303(b) for such year;
``(B) the amount allotted to an entity under section 311
has not been made available to such entity in grants under
section 311 because of the failure of such entity to meet the
requirements for a grant or because a limitation on expenditure
has been reached, the Secretary shall--
``(i) use the amount to make allotments and grants
under subsections (a) and (b) of section 303 and
section 304 to States, Indian tribes, and other
organizations who meet the requirements of those
sections; and
``(ii) make the allotments and grants in proportion
to the original allotments and grants made to the
States, tribes, and organizations under subsections (a)
and (b) of section 303 and section 304 for such year;
and
``(C) the entire portion of such sums that is made
available for grants under section 308 has not been distributed
to entities described in section 308 in grants because of the
failure of 1 or more of the entities to meet the requirements
for such a grant or because a limitation on expenditure has
been reached, the Secretary shall--
``(i) use the remainder of the portion to make
allotments and grants under subsections (a) and (b) of
section 303 and section 304 to States, Indian tribes,
and other organizations who meet the requirements of
those sections; and
``(ii) make the allotments and grants in proportion
to the original allotments and grants made to the
States, tribes, and organizations under subsections (a)
and (b) of section 303 and section 304 for such
year.''; and
(D) in paragraph (3) (as redesignated in
subparagraph (A))--
(i) by inserting ``or distribution under
paragraph (2)'' after ``paragraph (1)''; and
(ii) by striking ``for reallotment'' and
inserting ``for reallotment or distribution''.
(c) Conforming Amendment.--The last sentence of section 306 of the
Family Violence Prevention and Services Act (42 U.S.C. 10405) is
amended by inserting ``or section 303(g)'' before the period.
(d) Resource Centers.--Section 308 of the Family Violence
Prevention and Services Act (42 U.S.C. 10407) is amended--
(1) in subsection (a)(2)--
(A) by striking the following:
``(2) Grants.--From the amounts'' and inserting the
following:
``(2) Grants.--
``(A) Centers.--From the amounts'';
(B) by inserting ``on providing information,
training, and technical assistance'' after
``focusing''; and
(C) by adding at the end the following:
``(B) Initiatives.--From such amounts, the
Secretary may award grants to private nonprofit
organizations for information, training, and technical
assistance initiatives in the subject areas identified
in subsection (c), if--
``(i) such initiatives do not duplicate the
activities of the entities operating
the special issue resource centers provided for in subsection (c); and
``(ii) the total amounts awarded for all
such initiatives do not exceed $500,000.'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``and shall specialize'' and all that follows
through ``law:'' and inserting ``on emerging issues in
domestic violence service, prevention, or law, and
shall specialize in at least 1 of the following
areas:''; and
(B) by adding at the end the following:
``(8) Providing technical assistance and training to local
entities carrying out domestic violence programs that provide
shelter or related assistance.
``(9) Improving access to services, information, and
training, concerning family violence, within Indian tribes and
Indian tribal agencies.
``(10) Responding to emerging issues in the field of family
violence that the Secretary may identify in consultation with
advocates for local entities carrying out domestic violence
programs that provide shelter or related assistance, State and
tribal domestic violence coalitions, and national domestic
violence organizations.'';
(3) in subsection (d)(4), by inserting ``in the case of an
entity seeking to establish and maintain a resource center,''
after ``(4)'';
(4) in subsection (e)--
(A) by inserting before ``Not'' the following:
``(1) Reports after receipt.--''; and
(B) by adding at the end the following:
``(2) Reports by grant recipients.--
``(A) In general.--Not later than 90 days after the
date of enactment of the Battered Women's Shelters and
Services Act, each recipient of a grant under this
section shall prepare and submit to the Secretary a
report that contains--
``(i) an evaluation of the effectiveness of
the activities carried out by the recipient
with funds received under such grant; and
``(ii) such other information as the
Secretary may prescribe.
``(B) Notice and public comment.--Before renewing
any grant under this section for a recipient, the
Secretary shall publish in the Federal Register a copy
of the report submitted by the recipient under this
paragraph and allow not less than 90 days for notice of
and opportunity for public comment on the published
report.''; and
(5) by adding at the end the following:
``(h) Multiple Grants.--Nothing in this section shall prohibit the
Secretary from making multiple grants to any private nonprofit entity
to fulfill the objectives of this section.''.
(e) Definitions.--Section 309 of the Family Violence Prevention and
Services Act (42 U.S.C. 10408) is amended--
(1) in paragraph (1)(B), by inserting ``, with whom such
person is or has been in a social relationship of a romantic or
intimate nature,'' before ``or with whom'';
(2) by adding at the end the following:
``(7) The term `Indian country' has the meaning given the
term in section 1151 of title 18, United States Code.''; and
(3) in paragraph (6), by striking ``the Virgin Islands, the
Northern Mariana Islands, and the Trust Territory of the
Pacific Islands'' and inserting ``the United States Virgin
Islands, the Commonwealth of the Northern Mariana Islands, and
the combined Freely Associated States''.
(f) Funds for State Domestic Violence Coalitions.--Section 310(d)
of the Family Violence Prevention and Services Act (42 U.S.C. 10409(d))
is amended--
(1) by striking ``not less than'' and inserting ``the
lesser of $22,000,000 and''; and
(2) by adding at the end the following: ``For any fiscal
year for which the amount of funds made available under this
subsection exceeds $11,000,000, the Secretary shall reserve not
more than 20 percent of the funds made available under this
subsection. The Secretary shall make the reserved funds
available to State and tribal domestic violence coalitions and
entities carrying out domestic violence programs that provide
shelter or related assistance to carry out activities under
sections 319 through 321 or to carry out other priority
activities, as determined by the Secretary in consultation with
State and tribal domestic violence coalitions and entities
carrying out domestic violence programs that provide shelter or
related assistance.''.
(g) State Domestic Violence Coalition Grant Activities.--Section
311 of the Family Violence Prevention and Services Act (42 U.S.C.
10410) is amended--
(1) in subsection (a)(4), by striking ``underserved racial,
ethnic or language-minority populations'' and inserting
``underserved populations described in section 303(a)(2)(C)'';
and
(2) in subsection (c), by striking ``the U.S. Virgin
Islands, the Northern Mariana Islands, and the Trust Territory
of the Pacific Islands'' and inserting ``the United States
Virgin Islands, the Commonwealth of the Northern Mariana
Islands, and the Freely Associated States''.
SEC. 1043. MODEL LEADERSHIP GRANTS; DIRECT EMERGENCY ASSISTANCE;
TECHNICAL ASSISTANCE AND TRAINING.
Title III of the Family Violence Prevention and Services Act (42
U.S.C. 10401 et seq.) is amended by adding at the end the following:
``SEC. 319. MODEL LEADERSHIP GRANTS FOR DOMESTIC VIOLENCE INTERVENTION
IN UNDERSERVED COMMUNITIES.
``(a) Grants.--
``(1) In general.--The Secretary shall award grants to
develop and implement model community intervention strategies
to address domestic violence in underserved populations.
``(2) Limitations.--In awarding grants under paragraph (1),
the Secretary shall award grants to not more than 10 State and
tribal domestic violence coalitions and to not more than 10
local entities that carry out domestic violence programs providing
shelter or related assistance.
``(3) Purposes.--Grants awarded under paragraph (1) shall
be used for--
``(A) assessing the needs of underserved
populations in the State or area of Indian country
involved;
``(B) building collaborative relationships between
the grant recipients and community-based organizations
serving underserved populations; and
``(C) developing and implementing model community
intervention strategies to decrease the incidence of
domestic violence in underserved populations.
``(4) Periods.--The Secretary shall award grants under
paragraph (1) for periods of not more than 3 years.
``(b) Eligibility.--
``(1) Initial eligibility.--To be eligible for an initial
year of funding through a grant awarded under subsection
(a)(1), an applicant shall--
``(A) submit to the Secretary an application
containing an acceptable plan for assessing the needs
of underserved populations for the model community
intervention strategies described in subsection (a)(3),
and identifying a specific population for development
of such an intervention strategy, in the first year of
the grant; and
``(B) demonstrate to the Secretary inclusion of
representatives from community-based organizations
serving underserved populations, in planning,
designing, and disseminating the needs assessment under
subparagraph (A).
``(2) Continued eligibility.--To be eligible for continued
funding for not more than 2 additional years through a grant
awarded under subsection (a)(1), a recipient of funding for the
initial year shall submit to the Secretary an application
containing--
``(A) a plan for implementing the intervention
strategy, and specifying collaborative relationships
with community-based organizations serving the
identified underserved population to be supported under
the grant; and
``(B) a plan for disseminating the intervention
strategy throughout the State or area of Indian country
involved and, at the option of the recipient, to other
States, in the third year of the grant.
``(c) Priority for Collaborative Funding.--
``(1) In general.--In awarding grants under subsection
(a)(1), the Secretary shall give priority to State and tribal
domestic violence coalitions, and local entities that carry out
domestic violence programs, that submit applications in
collaboration with community-based organizations serving
underserved populations.
``(2) Amounts.--The Secretary shall award grants under
subsection (a)(1) to coalitions and entities described in
paragraph (1) in amounts of not less than $100,000 per fiscal
year.
``(d) Definition.--The term `underserved population' has the
meaning given the term in section 2003 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).
``SEC. 320. DIRECT EMERGENCY ASSISTANCE TO VICTIMS OF DOMESTIC
VIOLENCE.
``(a) In General.--The Secretary shall award grants to State and
tribal domestic violence coalitions for the purpose of enabling the
coalitions to provide emergency assistance, through an emergency
assistance fund administered by the coalitions, for victims of domestic
violence.
``(b) Use of Funds.--
``(1) Provision of assistance.--A State or tribal domestic
violence coalition that receives a grant under subsection (a)
may use funds received through the grant only to provide
emergency assistance--
``(A) directly to victims of domestic violence who
are in the process of fleeing an abusive situation; or
``(B) to such victims through entities that carry
out domestic violence programs providing shelter or
related assistance and that request such assistance on
behalf of victims.
``(2) Emergency assistance.--Emergency assistance provided
with such funds may include transportation, housing, and
payment of other expenses associated with relocation.
``(c) Application.--To be eligible to receive a grant under
subsection (a), a State or tribal domestic violence coalition shall
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require,
including--
``(1) a detailed description of the process that the
coalition will use to receive and review applications for the
emergency assistance;
``(2) a detailed description of the process that the
coalition will use for notifying entities that carry out
domestic violence programs described in subsection (b)(1)(B)
about the availability of emergency assistance under this
section;
``(3) an application form for the applications described in
paragraph (1) that requires applicants for emergency assistance
to specify the type of assistance requested from the coalition,
a statement of need for the assistance, a statement about the
impact of the assistance on a victim's ability to escape
domestic violence, and such other information as would be
helpful in disbursing emergency assistance;
``(4) a description of the process that the coalition will
use to make payments to recipients of the assistance; and
``(5) a statement of procedures the coalition will use to
protect the confidentiality of information relating to the
identity of the recipients.
``(d) Reports.--The State or tribal domestic violence coalition
shall annually prepare and submit to the Secretary a report describing
the distribution of emergency assistance to victims of domestic
violence under this section, analyzing the distribution by type and
amount of assistance provided. For reasons of safety and
confidentiality, such reports shall not contain information that allows
the identification of individual victims.
``SEC. 321. TECHNICAL ASSISTANCE AND TRAINING FOR STATE, LOCAL, AND
TRIBAL DOMESTIC VIOLENCE PROGRAMS.
``(a) In General.--The Secretary shall award grants to State and
tribal domestic violence coalitions for the purpose of providing
training and technical assistance for State and tribal domestic
violence coalitions and other nonprofit, nongovernmental entities
carrying out State, local, and tribal domestic violence programs.
``(b) Use of Funds.--A State or tribal domestic violence coalition
that receives a grant under subsection (a) shall use funds received
through the grant to develop and implement regional training and
technical assistance initiatives within a region served by a regional
office of the Department of Health and Human Services. In implementing
the initiatives, the coalition shall use the funds to prioritize, plan,
and implement solutions to regional problems experienced by State and
tribal domestic violence coalitions, and entities carrying out domestic
violence programs providing shelter or related assistance, within the
region.
``(c) Collaborative Efforts.--To the extent practicable, the
coalition shall implement the initiatives in collaboration with
advocates and organizations that assist domestic violence victims and
that operate outside of the region, and with the national resource
center and special issue resource centers established in section 308,
in order to obtain the expertise of the advocates, organizations, and
centers in delivering training and technical assistance within the
region.
``(d) Eligibility.--To be eligible to receive a grant under
subsection (a), a State or tribal domestic violence coalition shall--
``(1) be a nonprofit, nongovernmental State or tribal
domestic violence coalition;
``(2) demonstrate to the Secretary that a majority of State
and tribal domestic violence coalitions within the region to be
served support the selection of the coalition to receive the
grant; and
``(3) have its principal place of operation within the
region.
``(e) Application.--To be eligible to receive a grant under
subsection (a), a State or tribal domestic violence coalition shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(f) Construction.--Nothing in this section shall be construed to
prohibit entities that carry out domestic violence programs serving
Indian tribes from receiving technical assistance and training under
this section.
``(g) Reports.--The State or tribal domestic violence coalition
shall annually prepare and submit to the Secretary a report describing
the entities receiving training and technical assistance from the
coalition under this section, and the type of technical assistance and
training received.''.
SEC. 1044. AUTHORIZATION OF APPROPRIATIONS FOR FAMILY VIOLENCE
PREVENTION AND SERVICES.
(a) In General.--Section 310(a) of the Family Violence Prevention
and Services Act (42 U.S.C. 10409(a)) is amended to read as follows:
``(a) In General.--There are authorized to be appropriated to carry
out this title--
``(1) $120,000,000 for fiscal year 2000;
``(2) $160,000,000 for fiscal year 2001;
``(3) $200,000,000 for fiscal year 2002;
``(4) $260,000,000 for fiscal year 2003; and
``(5) $260,000,000 for fiscal year 2004.''.
(b) Information and Technical Assistance Centers.--Section 310(c)
of the Family Violence Prevention and Services Act (42 U.S.C. 10409(c))
is amended by inserting before ``5 percent shall'' the following: ``the
lesser of $7,500,000 and''.
Subtitle F--Battered Immigrant Women's Economic Security and Safety
SEC. 1051. PURPOSES.
The purposes of this subtitle are--
(1) to ensure that battered immigrant women and children
abused by their United States citizen and lawful permanent
resident spouses and parents have access to the public benefits
safety net when they flee their abusers;
(2) to ensure that children of battered immigrant women
have the same access to Violence Against Women Act immigration
protections as their battered immigrant mothers; and
(3) to remove impediments in current law that reduce
battered immigrant women's and children's access to the
Violence Against Women Act's immigration protections and
battered immigrant's ability to work so that they can sever
dependence on their abusers and gain economic independence for
themselves and their children.
SEC. 1052. WAIVER OF CERTAIN REMOVAL GROUNDS.
Section 237(a)(2)(E) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(2)(E)) is amended by adding at the end the following:
``(iii) Waiver for victims of domestic
violence.--The Attorney General may waive the
application of clauses (i) and (ii) in the case
of an alien who has been battered or subjected
to extreme cruelty and was not the primary
perpetrator of violence in the relationship--
``(I) upon determination that--
``(aa) the alien was acting
in self-defense;
``(bb) the alien was found
to have violated a protection
order intended to protect the
alien; or
``(cc) the alien committed,
was convicted of, or pled
guilty to committing a crime
where there was a connection
between the crime and having
been battered or subjected to
extreme cruelty; or
``(II) for humanitarian
purposes.''.
SEC. 1053. SELF-PETITIONING CHILDREN OF UNITED STATES CITIZENS.
Section 204(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(A)) is amended by adding at the end the following:
``(v) An alien child filing a petition
under clause (iv), or who is included in a
petition filed under clause (iii) shall
continue to be considered a child for purposes
of that clause and section 245, and for
purposes of obtaining an immigrant visa under
section 203, if, on the date of the filing of
the petition, the child was under the age of
21.''.
SEC. 1054. SELF-PETITIONING CHILDREN OF LAWFUL PERMANENT RESIDENTS.
Section 204(a)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(B)) is amended by adding at the end the following:
``(iv) An alien child filing a petition
under clause (iii), or who is included in a
petition filed under clause (ii) shall continue
to be considered a child for purposes of that
clause and section 245, and for purposes of
obtaining an immigrant visa under section 203,
if, on the date of the filing of the petition,
the child was under the age of 21.''.
SEC. 1055. TREATMENT OF PETITIONS INCLUDING DERIVATIVE CHILDREN TURNING
21 YEARS OF AGE.
Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)) is amended--
(1) by redesignating subparagraphs (C), (D), (E), (F), (G),
and (H) as subparagraphs (D), (E), (F), (G), (H), and (I),
respectively; and
(2) by inserting after subparagraph (B) the following:
``(C)(i)(I) Any petition described in clause (ii) for a
classification of a child that was filed or approved before the date on
which the child attained 21 years of age shall be considered, as of
such date, if no visa has been issued to the child, a petition filed or
approved, as the case may be, for preference status under paragraph
(1), (2), or (3) of section 203(a), whichever paragraph is applicable,
with the same priority date under such paragraph as the alien child
maintained before such date.
``(II) Any individual described in subclause (I) shall remain
eligible for deferred action and work authorization.
``(ii) The petition referred to in clause (i) is a petition filed
by an alien parent under subparagraph (A)(iii) or (B)(ii) in which the
child is included.''.
SEC. 1056. PROTECTION OF BATTERED CHILDREN AND CHILDREN OF BATTERED
IMMIGRANTS FOR CANCELLATION OF REMOVAL OR SUSPENSION OF
DEPORTATION.
(a) Cancellation of Removal.--Section 240A(b) of the Immigration
and Nationality Act (8 U.S.C. 1229b(b)) is amended--
(1) in paragraph (2), by striking ``The'' and inserting
``Subject to paragraphs (3) and (4), the'';
(2) by redesignating paragraph (3) as paragraph (5); and
(3) by inserting after paragraph (2) the following:
``(3) Inclusion of other aliens in cancellation of removal
applications.--An alien described in paragraph (2) who applies
for cancellation of removal under that paragraph may include--
``(A) the alien's children, sons, or daughters in
the alien's application and, if the alien is found
eligible for cancellation of removal, the Attorney
General may adjust the status of the alien's children, sons, or
daughters, to that of aliens lawfully admitted to permanent residence;
or
``(B) the alien's parent in the application in the
case of an application filed by an alien child while
under 21 years of age who was battered or subjected to
extreme cruelty by a citizen or lawful permanent
resident parent and, if the alien child is found
eligible for cancellation, the Attorney General may
adjust to the status of lawful permanent residence the
status of both the alien child applicant and the alien
child's parent.
``(4) Treatment of children under pending applications.--An
individual shall be considered a child for purposes of
paragraphs (2) and (3) of this subsection or section 244(a)(3)
(as in effect before the date of enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996)
if, on the date an application was filed by the child or the
parent of the child under that paragraph or section, the child
was under the age of 21.''.
(b) Inclusion of Other Aliens in Suspension of Deportation
Applications.--An alien applying for suspension of deportation under
section 244(a)(3) (as in effect before the date of the enactment of
Illegal Immigration Reform and Immigrant Responsibility Act of 1996)
may include--
(1) the alien's children, sons, or daughters in the alien's
application and, if the alien is found eligible for suspension
of deportation, the Attorney General may adjust to the status
of lawful permanent residence the status of the alien's
children, sons, or daughters; or
(2) the alien's parent in the application in the case of an
application filed by an alien child while under 21 years of age
who was battered or subjected to extreme cruelty by a citizen
or lawful permanent resident parent and, if the alien child is
found eligible for suspension of deportation, the Attorney
General may adjust to the status of lawful permanent residence
the status of both the alien child applicant and the alien
child's parent.
(c) Effective Date.--Subsection (b) and the amendment made by
subsection (a) shall take effect as if included in the enactment of
section 304 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 587).
SEC. 1057. NONAPPLICABILITY OF SPECIAL RULES RELATING TO THE TREATMENT
OF NON-213A ALIENS.
Section 408(f)(6) of the Social Security Act (42 U.S.C. 608(f)(6))
is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(D) described in section 421(f) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1631(f)) but for the fact that the
individual is a non-213A alien.''.
SEC. 1058. DISCRETIONARY FIRST TIME OFFENDER WAIVERS FOR ALIENS MAKING
CHILD SUPPORT PAYMENTS.
Section 237(a)(2)(E) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(2)(E)), as amended by section 1052 of this Act, is
further amended by adding at the end the following:
``(iii) Discretionary waiver of deportation
ground for first offenders paying court ordered
child support.--At the sole and unreviewable
discretion of the Attorney General, the
Attorney General may waive removal of an alien
who is convicted under clause (i), or who is
found in violation of a protection order by a
determination entered by a court under clause
(ii), if--
``(I) the conviction or violation
was the alien's first domestic violence
conviction or violation;
``(II) the alien is not otherwise
deportable under this paragraph or, if
so deportable, has obtained a waiver
under this paragraph;
``(III) the waiver of removal under
this clause is requested by the person
against whom the domestic violence
crime or protection order violation was
committed;
``(IV) the judge determines that
granting the waiver will not jeopardize
the safety of the victim or her
children;
``(V) any ongoing cohabitation with
the abuse victim will not be in
violation of any court order; and
``(VI) the alien is paying adequate
child support to the person against
whom the domestic violence crime or
protection order violation was
committed, except that--
``(aa) if the alien is
separated from the person
against whom the domestic
violence crime or the
protection order violation was
committed, the alien is subject
to a court order requiring the
alien to pay child support for
any children the alien has in
common with the person against
whom the alien committed the
crime of domestic violence or
protection order violation, and
the alien is current on all
child support payments due
under such order or is in
compliance with a court-approved payment plan; or
``(bb) if the alien resides
in the same household as the
person against whom the alien
committed the crime of domestic
violence or protection order
violation, the alien has
demonstrated to the immigration
judge in the removal proceeding
that the alien has been and
will continue to provide
adequate, ongoing support for
the victim and any children in
common, if the parties have
children in common.
``(VII) Adequate support determined
under applicable child support
guidelines.--For purposes of the
determination of the adequacy of child
support provided under subclause
(VI)(bb), the immigration judge shall
refer to the child support guidelines
of the jurisdiction in which the
parties reside.
``(iv) Reinstatement of deportation
grounds.--Any person who obtains a waiver under
clause (iii) who thereafter is found by a court
to have committed another crime or violation of
this subparagraph or is found by a court with
jurisdiction over the child support matter to
have failed to make court-ordered child support
payments or failed to comply with a court-
approved payment plan is deportable and no
further waiver is available under clause
(iii).''.
SEC. 1059. MISREPRESENTATION WAIVERS FOR BATTERED SPOUSES OF UNITED
STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS.
(a) Waiver of Inadmissibility.--Section 212(i) of the Immigration
and Nationality Act (8 U.S.C. 1182(i)) is amended in paragraph (1) by
inserting before the period at the end the following: ``or, in the case
of an alien granted classification under clause (iii) or (iv) of
section 204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B),
or who qualifies for relief under section 240A(b)(2) or section
244(a)(3) (as in effect before the date of enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996), the alien
demonstrates extreme hardship to the alien or the alien's United States
citizen, lawful permanent resident or qualified alien parent, child,
son, or daughter''.
(b) Waiver of Deportability.--Section 237(a) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)) is amended--
(1) in paragraph (1)(H)--
(A) in clause (ii)--
(i) by inserting ``(I)'' immediately after
``(ii)''; and
(ii) by striking the period and inserting
``; or''; and
(B) by inserting after clause (ii)(I) the
following:
``(II) is an alien who qualifies for
classification under clause (iii) or (iv) of
section 204(a)(1)(A) or clause (ii) or (iii) of
section 204(a)(1)(B), or who qualifies for
relief under section 240A(b)(2) or 244(a)(3)
(as in effect before the date of enactment of
the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996).''; and
(2) in paragraph (3)(D)--
(A) by inserting ``(i) In general.--'' before ``Any
alien''; and
(B) by adding at the end the following:
``(ii) Waiver authorized.--The Attorney
General may waive clause (i) in the case of an
alien who qualifies for classification under
clause (iii) or (iv) of section 204(a)(1)(A) or
clause (ii) or (iii) of section 204(a)(1)(B),
or who qualifies for relief under section
240A(b)(2) or 244(a)(3) (as in effect before
the date of enactment of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996).''.
SEC. 1060. PUBLIC CHARGE.
Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C.
11 82(a)(4)) is amended by adding at the end the following:
``(E) Exception.--The following aliens are not
subject to public charge determinations under this
paragraph:
``(i) An alien who qualifies for
classification as a spouse or child of a United
States citizen under clause (iii) or (iv) of
section 204(a)(1)(A) or as a spouse or child of
a lawful permanent resident under clause (ii)
or (iii) of section 204(a)(1)(B).
``(ii) An alien who qualifies for
classification as the spouse or child of a
United States citizen under clause (i) or (ii)
of section 204(a)(1)(A) or as the spouse or
child of a lawful permanent resident under
section 204(a)(1)(B)(i) and who has been
battered or subjected to extreme cruelty.
``(iii) An alien who qualifies for status
as a spouse, parent, child, son, or daughter of
a United States citizen or lawful permanent
resident, or as a parent of a child of a United
States citizen or lawful permanent resident,
pursuant to section 240A(b)(2) or 244(a)(3) (as
in effect before the date of enactment of the
Illegal Immigration Reform and Immigrant
Responsibility Act of 1996).
``(iv) Any derivatives or immediate
relative children of aliens under clause (i),
(ii), or (iii) of this subparagraph.''.
SEC. 1061. ACCESS TO NATURALIZATION FOR DIVORCED VICTIMS OF ABUSE.
Section 319(a) of the Immigration and Nationality Act (8 U.S.C.
1430(a)) is amended--
(1) by inserting ``, or any person who obtained status as a
lawful permanent resident by reason of his or her status as a
spouse or child of a United States citizen who battered him or
her or subjected him or her to extreme cruelty,'' after
``United States'' the first place such term appears; and
(2) by inserting ``(except in the case of a person who
obtained lawful permanent residence because he or she was the
spouse or child of a United States citizen who battered or
subjected him or her to extreme cruelty)'' after ``has been
living in marital union with the citizen spouse''.
SEC. 1062. FILING FEES.
(a) Petitions for Classification.--Section 204(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by
adding at the end the following:
``(I) No fee shall be charged for the filing or processing of any
application under clause (iii) or (iv) of subparagraph (A) or clause
(ii) or (iii) of subparagraph (B), or the first application for work
authorization filed by an applicant described in any such clause.''.
(b) Cancellations of Removal.--Section 240A(b)(2) of the
Immigration and Nationality Act (8 U.S.C. 1229b), as amended by section
1056 of this Act, is further amended by adding at the end the
following: ``No fee shall be charged for the filing or processing of
any application under this paragraph or the first application for work
authorization filed by an applicant described in this paragraph.''.
(c) Suspension of Deportation.--No fee shall be charged for the
filing or processing of any application under section 244(a)(3) of the
Immigration and Nationality Act (as in effect before the date of
enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996) (8 U.S.C. 1254(a)(3)), or the first
application for work authorization filed by an applicant described in
that section.
SEC. 1063. ACCESS TO FOOD STAMPS AND SSI FOR QUALIFIED BATTERED ALIENS.
Section 402(a)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended
by adding at the end the following:
``(L) Exception for certain battered aliens.--With
respect to eligibility for benefits for the specified
Federal programs described in paragraph (3), paragraph
(1) shall not apply to any individual described in
section 431(c).''.
SEC. 1064. EXEMPTION FROM 5-YEAR BAR.
Section 403(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding at
the end the following:
``(3) Battered immigrants.--An alien described in section
431(c).''.
SEC. 1065. ACCESS TO HOUSING FOR BATTERED IMMIGRANTS.
(a) In General.--Section 214 of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a) is amended--
(1) in subsection (a), by striking ``a resident of the
United States and is'' after ``unless that alien is'';
(2) in paragraphs (1) through (6) of subsection (a), by
inserting ``a resident of the United States and is'' before
``an alien'';
(3) in subsection (a)(5), by striking ``or'' after ``title
8;'';
(4) in subsection (a)(6), by striking the period and
inserting ``; or'';
(5) in subsection (a), by adding at the end the following
new paragraph:
``(7) a qualified alien as described in section 431(c) of
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1641(c)).'';
(6) in subsection (b)(2), by inserting ``Proration shall
not apply in the case of a qualified alien as described in
section 431(c) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)).''
after ``under this section.'';
(7) in subsection (c)(1)(A), by inserting ``Proration shall
not apply in the case of a qualified alien as described in
section 431(c) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c))''
after ``members of the family.'';
(8) in subsection (c)(1)(A), by striking ``paragraphs (1)
through (6)'' and inserting ``paragraphs (1) through (7)'';
(9) in subsection (c)(2)(A), by inserting ``, except a
qualified alien described in section 431(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(c)),'' before ``who--''; and
(10) in subsection (d)(1)(B), by inserting before the
period ``, including a qualified alien as described in section
431(c) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(c))''.
(b) Access to Shelter and Services for Battered Immigrants.--
Section 214 of the Housing and Community Development Act of 1980 (42
U.S.C. 1436a) is amended by adding at the end the following:
``(j) Access to Shelter and Services for Battered Immigrants.--
Notwithstanding any other provision of law, no private, government, or
nonprofit organization providing shelter or services to battered women,
abused children, or providing any other service or benefit listed in
section 401(b) of the Personal Responsibility and Work Opportunity Act
of 1996 (8 U.S.C. 1611(b)) that receives any Federal funds shall deny,
restrict, or condition assistance to any applicant based on
alienage.''.
SEC. 1066. CLARIFYING WELFARE REPORTING REQUIREMENTS FOR BENEFIT
APPLICANTS.
The Social Security Act (42 U.S.C. 301 et seq.) is amended--
(1) in section 411(a)(1)(A) (42 U.S.C. 611(a)(1)(A)), by
adding at the end the following flush language:
``Collection of information about, and inquiries into,
the immigration status of an individual who is a parent
applying on behalf of his or her child who is a United
States citizen or a qualified alien (as defined in
section 431 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641)
for assistance under the State program funded under
this part, shall not be made if the individual is not
applying for benefits for themselves, whether or not
the individual is determined, under Federal or State
law, to be part of a family unit receiving assistance
under that program.''; and
(2) in section 1631(e)(9) (42 U.S.C. 1383(e)(9)), by adding
at the end the following: ``Collection of information about,
and inquiries into, the immigration status of an individual who
is a parent applying on behalf of his or her child who is a
United States citizen or a qualified alien (as defined in
section 431 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641) for benefits under
this title (or for benefits supplemented by a State with an
agreement under section 1616), shall not be made if the
individual is not applying for benefits for themselves, whether
or not the individual is determined, under Federal or State
law, to be part of a family unit receiving such benefits.''.
SEC. 1067. CONFORMING DEFINITION OF ``FAMILY'' USED IN LAWS GRANTING
WELFARE ACCESS FOR BATTERED IMMIGRANTS TO STATE FAMILY
LAW.
Section 431(c) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended--
(1) in paragraph (1)(A), by striking ``by a spouse or a
parent, or by a member of the spouse or parent's family
residing in the same household as the alien and the spouse or
parent consented to, or acquiesced in, such battery or
cruelty,'' and inserting ``by a spouse or parent, or by any
individual having a relationship with the alien covered by the
civil or criminal domestic violence statutes of the State or
Indian country where the alien resides, or the State or Indian
country in which the alien, the alien's child, or the alien
child's parents received a protection order, or by any
individual against whom the alien could obtain a protection
order,''; and
(2) in paragraph (2)(A), by striking ``by a spouse or
parent of the alien (without the active participation of the
alien in the battery or cruelty), or by a member of the spouse
or parent's family residing in the same household as the alien
and the spouse or parent consented or acquiesced to such
battery or cruelty,'' and inserting ``by a spouse or parent of
the alien (without the active participation of the alien in the
battery or cruelty) or by any person having a relationship with
the alien covered by the civil or criminal domestic violence
statutes of the State or Indian country where the alien
resides, or the State or Indian country in which the alien, the
alien's child or the alien child's parent received a protection
order, or by any individual against whom the alien could obtain
a protection order,''.
SEC. 1068. ENSURING THAT BATTERED IMMIGRANTS HAVE ACCESS TO FOOD STAMPS
AND SSI.
(a) Qualifying Quarters.--Section 435 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1645) is amended in paragraph (2) by striking ``and the alien
remains married to such spouse or such spouse is deceased'' and
inserting ``if such spouse is deceased or if the alien remains married
to such spouse (except that qualified aliens described in section
431(c) may continue after divorce to count the qualifying quarters
worked by their spouse during the marriage)''.
(b) Food Stamps Access for Battered Immigrant Qualified Aliens and
Their Children.--Section 7 of the Food Stamp Act of 1977 (7 U.S.C.
2016) is amended by adding at the end the following:
``(k) Battered Immigrant Qualified Alien Eligibility for Food
Stamps.--Notwithstanding any other provision of law, qualified aliens
described in section 431(c) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) and their
children are eligible to receive food stamps.''.
SEC. 1069. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION FOR
BATTERED IMMIGRANTS.
Clause (iii) of section 431(c)(1)(B) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641(c)(1)(B)) is amended to read as follows:
``(iii) suspension of deportation under
section 244(a)(3) of the Immigration and
Nationality Act (as in effect before the date
of enactment of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996).''.
SEC. 1070. ACCESS TO LEGAL SERVICES CORPORATION FUNDS.
Section 502 of the Departments of Commerce, Justice, and State, the
Judiciary and Related Agencies Appropriations Act, 1998 (Public Law
105-119) is amended by adding at the end the following:
``(c) This section shall not be construed to prohibit a recipient
from--
``(1) using funds derived from a source other than the
Legal Services Corporation to provide related legal assistance
(as that term is defined in subsection (b)(2)) to any alien who
has been battered or subjected to extreme cruelty by a person
with whom the alien has a relationship covered by the domestic
violence laws of the State in which the alien resides or in
which an incidence of violence occurred;
``(2) using Legal Services Corporation funds to provide
related legal assistance to any alien who has been battered or
subjected to extreme cruelty who qualifies for relief under
clause (iii) or (iv) of section 204(a)(1)(A), clause (ii) or
(iii) of section 204(a)(1)(B), or subsection (b)(2) of section
240A of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(B)) or section 244(a)(3) of the Immigration and
Nationality Act (as in effect before the title III-A effective
date in section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note).''.
TITLE II--VIOLENCE AGAINST WOMEN AND THE WORKPLACE
SEC. 2001. FINDINGS.
Congress makes the following findings:
(1) Victims of crime and their families suffer from crime
and its effects on a daily basis.
(2) Domestic crime against adults accounts for
approximately 15 percent of total crime costs in the United
States each year.
(3) Violence against women has been reported to be the
leading cause of physical injury to women. It has a devastating
impact on women's physical and emotional health and financial
security.
(4) The Department of Justice estimates that intimate
partners commit on average 960,000 violent crimes against women
every year.
(5) Employees in the United States who have been victims of
crime too often suffer adverse consequences in the workplace as
a result of their experiences as victims of crime.
(6) Victims of crime are particularly vulnerable to changes
in employment, pay, and benefits as a result of their
victimizations, and are, therefore, in need of legal
protection.
(7) The prevalence of violence against women at work is
dramatic. Homicide is the leading cause of death for women on
the job. Eight percent of all rapes occur in the workplace.
Women who are victims of violent workplace crimes are twice as
likely as men to know their attackers. Husbands, boyfriends,
and ex-partners commit 15 percent of workplace homicides
against women. One study found that three-quarters of battered
women who work were harassed by telephone by their abuser at
work.
(8) Nearly 50 percent of rape victims lose their employment
or are forced to quit their jobs following the crime.
Approximately one quarter of battered women surveyed have lost
a job due in part to the effects of domestic violence.
(9) The availability of economic support is a critical
factor in the ability of battered women to leave abusive
situations that threaten them and their children. Over half of
battered women surveyed stayed with their batterers because
they lacked resources to support themselves and their children.
(10) According to the National Institute of Justice, crime
costs an estimated $450,000,000,000 annually in medical
expenses, lost earnings, social service costs, pain, suffering,
and reduced quality of life for victims, all of which harm our
Nation's productivity and drain our Nation's resources. Violent
crime accounts for $426,000,000,000 of this amount.
(11) Rape exacts the highest costs-per-victim of any
criminal offense, an estimated total of $127,000,000,000 per
year. Recent governmental estimates indicate that between
300,000 and 600,000 rapes and sexual assaults occur annually in
the United States.
(12) Other violent offenses take unacceptably high tolls on
the economy as well, including assault ($93,000,000,000),
murder (excluding arson and drunk driving deaths)
($71,000,000,000), drunk driving (including fatalities)
($61,000,000,000), and child abuse ($56,000,000,000).
(13) Violent crime results in wage losses equivalent to 1
percent of all American earnings, and causes 3 percent of the
Nation's medical spending and 14 percent of injury-related
medical spending.
(14) Estimates demonstrate that employers pay between
$3,000,000,000 and $5,000,000,000 annually to cover the cost of
crimes against employees and their families.
(15) Surveys of business executives and corporate security
directors also underscore the heavy toll that workplace
violence takes on American women, businesses, and interstate
commerce.
(16) Ninety-four percent of corporate security and safety
directors at companies nationwide rank domestic violence as a
high-risk security problem.
(17) 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.
(18) Only 12 States have enacted statutes forbidding
employers from taking adverse action against employees who have
been victims of crime and must participate in the criminal
justice process during working hours. No State explicitly
protects crime victims from other adverse action which may
result from their experiences and status as crime victims.
(19) Existing Federal law neither expressly authorizes
battered women to take leave from work to seek legal assistance
and redress, counseling, or assistance with safety planning activities
nor does it protect crime victims from retaliation, discharge, or other
workplace penalties that may result from their experiences and status
as crime victims.
Subtitle A--National Clearinghouse on Domestic Violence and Sexual
Assault in the Workplace Grant
SEC. 2011. NATIONAL CLEARINGHOUSE ON DOMESTIC VIOLENCE AND SEXUAL
ASSAULT 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
violence and sexual assault, in their efforts to develop and implement
appropriate responses to assist the 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 and sexual assault and a
record of commitment and quality responses to reduce
domestic violence and sexual assault; and
(B) will provide matching funds from non-Federal
sources in an amount equal to not less than 10 percent
of the total amount of the grant 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
violence and sexual assault.
(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 and
sexual assault, 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
and sexual assault.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000 for each of fiscal
years 2000 through 2004.
Subtitle B--Victims' Employment Rights
SEC. 2021. SHORT TITLE.
This subtitle may be cited as the ``Victims' Employment Rights
Act''.
SEC. 2022. PURPOSES.
The purposes of this subtitle are, pursuant to the affirmative
power of Congress to enact legislation under section 5 of the 14th
amendment to the Constitution, as well as under the portion of section
8 of article I of the Constitution relating to regulation of commerce
among the several States--
(1) to promote the national interest in ensuring that
victims and survivors of domestic violence, sexual assault, and
stalking can recover from and cope with the effects of those
crimes and participate in the criminal and civil justice
processes without fear of adverse economic consequences from
their employers;
(2) to minimize the negative impact on interstate commerce
from dislocations of employees and decreases in productivity
that may arise when employees are victimized by those crimes;
(3) to promote the purposes of the 14th amendment by
addressing the failure of existing laws to protect the
employment rights of victims of domestic violence, sexual
assault, and stalking and by furthering the right of domestic
violence, sexual assault, and stalking victims to employment
free from discrimination; and
(4) to accomplish the purposes described in paragraphs (1),
(2), and (3) in a manner that accommodates the legitimate
interests of employers and protects the safety of all persons
in the workplace.
SEC. 2023. DEFINITIONS.
In this subtitle:
(1) Employee.--
(A) In general.--The term ``employee'' means any
person employed by an employer. In the case of an
individual employed by a public agency, such term means
an individual employed as described in section 3(e) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)).
(B) Basis.--The term includes a person employed as
described in subparagraph (A) on a full- or part-time
basis, for a fixed time period, on a temporary basis,
pursuant to a detail, as an independent contractor, or
as a participant in a work assignment as a condition of
receipt of Federal or State income-based public
assistance.
(2) Employer.--The term ``employer''--
(A) means any person engaged in commerce or in any
industry or activity affecting commerce who employs
individuals; and
(B) includes any person acting directly or
indirectly in the interest of an employer in relation
to an employee, and includes a public agency, but does
not include any labor organization (other than when
acting as an employer) or anyone acting in the capacity
of officer or agent of such labor organization.
(3) 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).
(4) Person.--The term ``person'' means an individual,
partnership, association, corporation, business trust, legal
representative, or any organized group of individuals.
(5) Public agency.--The term ``public agency'' has the
meaning given the term in section 3 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203).
SEC. 2024. PROHIBITED DISCRIMINATORY ACTS.
An employer shall not fail to hire, refuse to hire, or discharge
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--
(1) the individual--
(A) is or is perceived to be a victim of domestic
violence, sexual assault, or stalking;
(B) attended, participated in, or prepared for, or
requested leave to attend, participate in, or prepare
for a criminal or civil court proceeding relating to an
incident of domestic violence, sexual assault, or
stalking of which the employee, or the son or daughter
or parent of the employee, was a victim; or
(C) requested an adjustment to a job structure or
workplace facility, including a transfer, reassignment,
or modified schedule, leave, a changed telephone number
or seating assignment, or installation of a lock or
implementation of a safety procedure, in response to
actual or threatened domestic violence, sexual assault,
or stalking, regardless of whether the request was
granted; or
(2) the action of a person whom the employee states has
committed or threatened to commit domestic violence, sexual
assault, or stalking against the employee, or the son or
daughter or parent of the employee, disrupted the workplace.
SEC. 2025. ENFORCEMENT.
(a) Civil Action by Employees.--
(1) Liability.--Any employer who violates section 3024
shall be liable to any employee affected for--
(A) damages equal to the amount of wages, salary,
employment benefits (as defined in section 101 of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2611)),
or other compensation denied to or lost by such
employee by reason of the violation, and the interest
on that amount calculated at the prevailing rate;
(B) compensatory damages, including 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 (including a public agency) in any Federal
or State court of competent jurisdiction by any 1 or more
employees.
(b) Action by Department of Justice.--The Attorney General may
bring a civil action in any Federal or State court of competent
jurisdiction to recover the damages or equitable relief described in
subsection (a)(1).
SEC. 2026. ATTORNEY'S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is
amended by inserting ``the Victims' Employment Rights Act,'' after
``title VI of the Civil Rights Act of 1964,''.
Subtitle C--Workplace Violence Against Women Prevention Tax Credit
SEC. 2031. SHORT TITLE.
This subtitle may be cited as the ``Workplace Violence Against
Women Prevention Tax Credit Act''.
SEC. 2032. CREDIT FOR COSTS TO EMPLOYERS OF IMPLEMENTING WORKPLACE
SAFETY PROGRAMS TO COMBAT VIOLENCE AGAINST WOMEN.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following:
``SEC. 45D. WORKPLACE SAFETY PROGRAM CREDIT.
``(a) In General.--For purposes of section 38, the workplace safety
program credit determined under this section for the taxable year is,
for any employer, an amount equal to 40 percent of the violence against
women safety and education costs paid or incurred by such employer
during the taxable year.
``(b) Definitions.--In this section:
``(1) Violence against women safety and education cost.--
``(A) In general.--The term `violence against women
safety and education cost' means any cost certified by
the Attorney General to the Secretary as being for the
purpose of--
``(i) ensuring the safety of employees from
violent crimes against women,
``(ii) providing assistance to employees
and the spouses and dependents of employees
with respect to violent crimes against women,
``(iii) providing legal or medical services
to employees and the spouses and dependents of
employees subjected to, or at risk from,
violent crimes against women,
``(iv) educating employees about the issue
of violent crimes against women, or
``(v) implementing human resource or
personnel policies initiated to protect
employees from violent crimes against women or
to support employees who have been victims of
violent crimes against women.
``(B) Types of costs.--Such term includes costs
certified by the Attorney General to the Secretary as
being for the purpose of--
``(i) the hiring of new security personnel
in order to address violent crimes against
women,
``(ii) the creation of buddy systems or
escort systems for walking employees to parking
lots, parked cars, subway stations, or bus
stops, in order to address violent crimes
against women,
``(iii) the purchase or installation of new
security equipment, including surveillance
equipment, lighting fixtures, cardkey access
systems, and identification systems, in order
to address violent crimes against women,
``(iv) the establishment of an employee
assistance line or other employee assistance
services, in order to address violent crimes
against women, for the use of individual
employees, including counseling or referral
services undertaken in consultation and
coordination with national, State, or local
domestic violence and sexual assault coalitions
or programs,
``(v) the retention of an attorney to
provide legal services to employees seeking
restraining orders or other legal recourse from
violent crimes against women,
``(vi) the establishment of medical
services addressing the medical needs of
employees who are victims of violent crimes
against women,
``(vii) the retention of a financial expert
or an accountant to provide financial
counseling to employees seeking to escape from
violent crimes against women,
``(viii) the establishment of an education
program for employees, consisting of seminars
or training sessions about violent crimes
against women undertaken in consultation and
coordination with national, State, or local
domestic violence and sexual assault coalitions
or programs,
``(ix) studies of the cost, impact, or
extent of violent crimes against women at the
employer's place of business, if such studies
are made available to the public and protect
the identity of employees included in the
study,
``(x) the publication of a regularly
disseminated newsletter or other regularly
disseminated educational materials about
violent crimes against women,
``(xi) the implementation of leave policies
for the purpose of allowing or accommodating
the needs of victims of violent crimes against
women to pursue legal redress against
assailants, including leave from work to attend
meetings with attorneys, to give evidentiary
statements or depositions, and to attend
hearings or trials in court,
``(xii) the implementation of flexible work
policies for the purpose of allowing or
accommodating the needs of employees who are
victims of violent crimes against women, or
employees at risk with respect to such crimes,
to avoid assailants,
``(xiii) the implementation of transfer
policies for the purpose of allowing or
accommodating the needs of employees subjected
to violent crimes against women to change
office locations within the company in order to
avoid assailants or to allow the transfer of an
employee who has perpetrated violent crimes
against women in order to protect the victim,
including payment of costs for the transfer and
relocation of an employee to another city,
county, State, or country for the purpose of
maintaining an employee's safety from violent
crimes against women, or
``(xiv) the provision of any of the
services described in clauses (iv) through
(viii) to the spouses or dependents of
employees.
``(C) Notification of possible tax consequences.--
In no event shall any cost for goods or services which
may be included in the income of any employee receiving
or benefiting from such goods or services be treated as
a violence against women safety and education cost
unless the employer notifies the employee in writing of
the possibility of such inclusion.
``(2) Violent crimes against women.--
``(A) In general.--The term `violent crimes against
women' includes sexual assault and domestic violence.
``(B) Domestic violence.--The term `domestic
violence' has the meaning given the term in section 2
of the Battered Women's Economic Security and Safety
Act.
``(C) Sexual assault.--The term `sexual assault'--
``(i) 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
``(ii) includes both assaults committed by
offenders who are strangers to the victim and
assaults committed by offenders who are known
to the victim or related by blood or marriage
to the victim.
``(3) Employee and employer.--
``(A) Partners and partnerships.--The term
`employee' includes a partner and the term `employer'
includes a partnership.
``(B) Related persons.--Persons shall be treated as
related to each other if such persons are treated as a
single employer under subsection (a) or (b) of section
52.
``(c) Coordination With Other Provisions.--No credit or deduction
shall be allowed under any other provision of this title for any amount
for which a credit is allowed under this section.''.
(b) Treatment as General Business Credit.--
(1) In general.--Subsection (b) of section 38 of the
Internal Revenue Code of 1986 (relating to general business
credit) is amended by striking ``plus'' at the end of paragraph
(11), by striking the period at the end of paragraph (12) and
inserting ``, plus'', and by adding at the end the following:
``(13) the workplace safety program credit determined under
section 45D.''.
(2) Transitional rule for carrybacks.--Subsection (d) of
section 39 of such Code (relating to transitional rules) is
amended by adding at the end the following:
``(9) No carryback of section 45d credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the workplace safety program
credit determined under section 45D may be carried back to a
taxable year beginning on or before the date of the enactment
of section 45D.''.
(3) Deduction for unused credits.--Subsection (c) of
section 196 of such Code (relating to deduction for certain
unused business credits) is amended by striking ``and'' at the
end of paragraph (7), by striking the period at the end of
paragraph (8) and inserting ``, and'', and by adding at the end
the following:
``(9) the workplace safety program credit determined under
section 45D.''.
(c) Credit Not a Defense in Legal Actions.--The allowance of a
credit under section 45D of the Internal Revenue Code of 1986 (as added
by this subtitle) shall not absolve employers of their responsibilities
under any other law and shall not be construed as a defense to any
legal action (other than legal action by the Secretary of the Treasury
under such Code).
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``Sec. 45D. Workplace safety program
credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
Subtitle D--Employment Protection for Battered Women
SEC. 2041. SHORT TITLE AND REFERENCE.
(a) Short Title.--This subtitle may be cited as the ``Battered
Women's Employment Protection Act''.
(b) Reference.--Except as otherwise expressly provided, whenever in
this subtitle an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to that section or other provision of
the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).
SEC. 2042. PURPOSES.
The purposes of this subtitle are, pursuant to the affirmative
power of Congress to enact legislation under section 5 of the 14th
amendment to the Constitution, as well as under the portions of section
8 of article I of the Constitution relating to providing for the
general welfare and to regulation of commerce among the several
States--
(1) to promote the national interest in reducing domestic
violence by enabling victims of domestic violence to maintain
the financial independence necessary to leave abusive
situations, achieve safety, and minimize the physical and
emotional injuries from domestic violence, and to reduce the
devastating economic consequences of domestic violence to
employers and employees, by--
(A) providing unemployment insurance for victims of
domestic violence who are forced to leave their
employment as a result of domestic violence; and
(B) entitling employed victims of domestic violence
to take reasonable leave under the Family and Medical
Leave Act of 1993 (29 U.S.C. 2601 et seq.) to seek
medical help, legal assistance, counseling, and safety
planning and assistance without penalty from their
employers;
(2) to promote the purposes of the 14th amendment by
protecting the civil and economic rights of victims of domestic
violence and by furthering the equal opportunity of women for
employment and economic self-sufficiency;
(3) to minimize the negative impact on interstate commerce
from dislocations of employees and harmful effects on
productivity, health care costs, and employer costs, caused by
domestic violence; and
(4) to accomplish the purposes described in paragraphs (1),
(2), and (3) in a manner that accommodates the legitimate
interests of employers.
SEC. 2043. UNEMPLOYMENT COMPENSATION.
(a) Unemployment Compensation.--Section 3304 of the Internal
Revenue Code of 1986 is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(18);
(B) by striking the period at the end of paragraph
(19) and inserting ``; and''; and
(C) by inserting after paragraph (19) the
following:
``(20) compensation is to be provided where an individual
is separated from employment due to circumstances directly
resulting from the individual's experience of domestic
violence.''; and
(2) by adding at the end the following:
``(g) Construction.--
``(1) In general.--For purposes of subsection (a)(20), an
employee's separation from employment shall be treated as due
to circumstances directly resulting from the individual's
experience of domestic violence if the separation resulted
from--
``(A) the employee's reasonable fear of future
domestic violence at or en route to or from the
employee's place of employment;
``(B) the employee's wish to relocate to another
geographic area in order to avoid future domestic
violence against the employee or the employee's family;
``(C) the employee's need to recover from stress
resulting from the employee's experience of domestic
violence;
``(D) the employer's denial of the employee's
request for the temporary leave from employment
authorized by section 102 of the Family and Medical
Leave Act of 1993 to address domestic violence and its
effects; or
``(E) any other circumstance in which domestic
violence causes the employee to reasonably believe that
termination of employment is necessary for the future
safety of the employee or the employee's family.
``(2) Reasonable efforts to retain employment.--For
purposes of subsection (a)(20), if State law requires the
employee to have made reasonable efforts to retain employment
as a condition for receiving unemployment compensation, such
requirement shall be met if the employee--
``(A) sought protection from, or assistance in
responding to, domestic violence, including calling the
police or seeking legal, social work, medical,
clerical, or other assistance;
``(B) sought safety, including refuge in a shelter
or temporary or permanent relocation, whether or not
the employee actually obtained such refuge or
accomplished such relocation; or
``(C) reasonably believed that options such as
taking a leave of absence, transferring jobs, or
receiving an alternative work schedule would not be
sufficient to guarantee the employee or the employee's
family's safety.
``(3) Active search for employment.--For purposes of
subsection (a)(20), if State law requires the employee to
actively search for employment after separation from employment
as a condition for receiving unemployment compensation, such
requirement shall be treated as met where the employee is
temporarily unable to actively search for employment because
the employee is engaged in seeking safety for the employee or
the employee's family, or relief for the employee, from
domestic violence, including--
``(A) going into hiding or relocating or attempting
to do so, including activities associated with such
hiding or relocation, such as seeking to obtain
sufficient shelter, food, schooling for children, or
other necessities of life for the employee or the
employee's family;
``(B) actively pursuing legal protection or
remedies, including meeting with the police, going to
court to make inquiries or file papers, meeting with
attorneys, or attending court proceedings; or
``(C) participating in psychological, social, or
religious counseling or support activities to assist
the employee in coping with domestic violence.
``(4) Provision of information to meet certain
requirements.--In determining if an employee meets the
requirements of paragraphs (1), (2), and (3), the unemployment
agency of the State in which an employee is requesting
unemployment compensation by reason of subsection (a)(20) may
require the employee to provide--
``(A) a written statement describing the domestic
violence and its effects;
``(B) documentation of the domestic violence, such
as a police or court record, or documentation from a
shelter worker, an employee of a domestic violence
program, an attorney, a member of the clergy, or a
medical or other professional, from whom the employee
has sought assistance in addressing domestic violence
and its effects, as defined in section 101 of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2611);
or
``(C) other corroborating evidence, such as a
statement from any other individual with knowledge of
the circumstances that provide the basis for the claim
of domestic violence, or physical evidence of domestic
violence, such as a photograph, torn or bloody
clothing, or any other damaged property.
All evidence of domestic violence experienced by an employee,
including a statement of an employee, any other documentation
or corroborating evidence, and the fact that an employee has
applied for or inquired about unemployment compensation
available by reason of subsection (a)(20) shall be retained in
the strictest confidence by such State unemployment agency,
except to the extent that disclosure is requested, or consented
to, by the employee for the purpose of protecting the safety of
the employee or a family member of the employee or of assisting
in documenting domestic violence for a court or agency.''.
(b) Social Security Personnel Training.--Section 303(a) of the
Social Security Act (42 U.S.C. 503(a)) is amended by redesignating
paragraphs (4) through (10) as paragraphs (5) through (11),
respectively, and by inserting after paragraph (3) the following:
``(4) Such methods of administration as will ensure that
claims reviewers and hearing personnel are adequately trained
in the nature and dynamics of domestic violence and in methods
of ascertaining and keeping confidential information about
possible experiences of domestic violence, so that employee
separations stemming from domestic violence are reliably
screened, identified, and adjudicated, and full confidentiality
is provided for the employee's claim and submitted evidence;
and''.
(c) Definitions.--Section 3306 of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(u) Domestic Violence.--The term `domestic violence' has the
meaning given the term in section 2 of the Battered Women's Economic
Security and Safety Act.''.
SEC. 2044. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC VIOLENCE FOR
NON-FEDERAL EMPLOYEES.
(a) Definitions.--Section 101 (29 U.S.C. 2611) is amended by adding
at the end the following:
``(14) Addressing domestic violence and its effects.--The
term `addressing domestic violence and its effects' means--
``(A) being unable to attend or perform work due to
an incident of domestic violence;
``(B) seeking medical attention for or recovering
from injuries caused by domestic violence;
``(C) seeking legal assistance or remedies,
including communicating with the police or an attorney,
or participating in any legal proceeding, related to
domestic violence;
``(D) obtaining services from a domestic violence
shelter or program or rape crisis center as a result of
domestic violence;
``(E) obtaining psychological counseling related to
experiences of domestic violence;
``(F) participating in safety planning and other
actions to increase safety from future domestic
violence, including temporary or permanent relocation;
and
``(G) participating in any other activity
necessitated by domestic violence that must be
undertaken during the hours of employment involved.
``(15) Domestic violence.--The term `domestic violence' has
the meaning given the term in section 2 of the Battered Women's
Economic Security and Safety Act.''.
(b) Leave Requirement.--Section 102 (29 U.S.C. 2612) is amended--
(1) in subsection (a)(1), by adding at the end the
following:
``(E) In order to care for the son, daughter, or
parent of the employee, if such son, daughter, or
parent is addressing domestic violence and its effects.
``(F) Because the employee is addressing domestic
violence and its effects, which make the employee
unable to perform the functions of the position of such
employee.'';
(2) in subsection (b), by adding at the end the following:
``(3) Domestic violence.--Leave under subparagraph (E) or
(F) of subsection (a)(1) may be taken by an eligible employee
intermittently or on a reduced leave schedule. The taking of
leave intermittently or on a reduced leave schedule pursuant to
this paragraph shall not result in a reduction in the total
amount of leave to which the employee is entitled under
subsection (a) beyond the amount of leave actually taken.'';
and
(3) in subsection (d)(2)(B), by striking ``(C) or (D)'' and
inserting ``(C), (D), (E), or (F)''.
(c) Certification.--Section 103 (29 U.S.C. 2613) is amended--
(1) in the title of the section, by inserting before the
period the following: ``; confidentiality''; and
(2) by adding at the end the following:
``(f) Domestic Violence.--In determining if an employee meets the
requirements of subparagraph (E) or (F) of section 102(a)(1), the
employer of an employee may require the employee to provide--
``(1) a written statement describing the domestic violence
and its effects;
``(2) documentation of the domestic violence involved, such
as a police or court record, or documentation from a shelter
worker, an employee of a domestic violence program, an
attorney, a member of the clergy, or a medical or other
professional, from whom the employee has sought assistance in
addressing domestic violence and its effects; or
``(3) other corroborating evidence, such as a statement
from any other individual with knowledge of the circumstances
that provide the basis for the claim of domestic violence, or
physical evidence of domestic violence, such as a photograph,
torn or bloody clothing, or any other damaged property.
``(g) Confidentiality.--All evidence provided to the employer under
subsection (f) of domestic violence experienced by an employee or the
son, daughter, or parent of an employee, including a statement of an
employee, any other documentation or corroborating evidence, and the
fact that an employee has requested leave for the purpose of
addressing, or caring for a son, daughter, or parent who is addressing,
domestic violence and its effects, shall be retained in the strictest
confidence by the employer, except to the extent that disclosure is
requested, or consented to, by the employee for the purpose of--
``(1) protecting the safety of the employee or a family
member or co-worker of the employee; or
``(2) assisting in documenting domestic violence for a
court or agency.''.
SEC. 2045. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC VIOLENCE FOR
FEDERAL EMPLOYEES.
(a) Definitions.--Section 6381 of title 5, United States Code, is
amended--
(1) at the end of paragraph (5), by striking ``and'';
(2) in paragraph (6), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(7) the term `addressing domestic violence and its
effects' has the meaning given the term in section 101 of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2611); and
``(8) the term `domestic violence' has the meaning given
the term in section 2 of the Battered Women's Economic Security
and Safety Act.''.
(b) Leave Requirement.--Section 6382 of title 5, United States
Code, is amended--
(1) in subsection (a)(1), by adding at the end the
following:
``(E) In order to care for the son, daughter, or parent of
the employee, if such son, daughter, or parent is addressing
domestic violence and its effects.
``(F) Because the employee is addressing domestic violence
and its effects, which make the employee unable to perform the
functions of the position of such employee.'';
(2) in subsection (b), by adding at the end the following:
``(3) Domestic violence.--Leave under subparagraph (E) or
(F) of subsection (a)(1) may be taken by an employee
intermittently or on a reduced leave schedule. The taking of
leave intermittently or on a reduced leave schedule pursuant to
this paragraph shall not result in a reduction in the total
amount of leave to which the employee is entitled under
subsection (a) beyond the amount of leave actually taken.'';
and
(3) in subsection (d), by striking ``(C), or (D)'' and
inserting ``(C), (D), (E), or (F)''.
(c) Certification.--Section 6383 of title 5, United States Code, is
amended--
(1) in the title of the section, by adding at the end the
following: ``; confidentiality''; and
(2) by adding at the end the following:
``(f) In determining if an employee meets the requirements of
subparagraph (E) or (F) of section 6382(a)(1), the employing agency of
an employee may require the employee to provide--
``(1) a written statement describing the domestic violence
and its effects;
``(2) documentation of the domestic violence involved, such
as a police or court record, or documentation from a shelter
worker, an employee of a domestic violence program, an
attorney, a member of the clergy, or a medical or other
professional, from whom the employee has sought assistance in
addressing domestic violence and its effects; or
``(3) other corroborating evidence, such as a statement
from any other individual with knowledge of the circumstances
that provide the basis for the claim of domestic violence, or
physical evidence of domestic violence, such as a photograph,
torn or bloody clothing, or other damaged property.
``(g) All evidence provided to the employing agency under
subsection (f) of domestic violence experienced by an employee or the
son, daughter, or parent of an employee, including a statement of an
employee, any other documentation or corroborating evidence, and the
fact that an employee has requested leave for the purpose of
addressing, or caring for a son, daughter, or parent who is addressing,
domestic violence and its effects, shall be retained in the strictest
confidence by the employing agency, except to the extent that
disclosure is requested, or consented to, by the employee for the
purpose of--
``(1) protecting the safety of the employee or a family
member or co-worker of the employee; or
``(2) assisting in documenting domestic violence for a
court or agency.''.
SEC. 2046. EXISTING LEAVE USABLE FOR DOMESTIC VIOLENCE.
(a) Definitions.--In this section:
(1) Addressing domestic violence and its effects.--The term
``addressing domestic violence and its effects'' has the
meaning given the term in section 101 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611), as amended in section
3044(a).
(2) Employee.--The term ``employee'' means any person
employed by an employer. In the case of an individual employed
by a public agency, such term means an individual employed as
described in section 3(e) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(e)).
(3) Employer.--The term ``employer''--
(A) means any person engaged in commerce or in any
industry or activity affecting commerce who employs
individuals, if such person is also subject to the
Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et
seq.) or to any provision of a State or local law,
collective bargaining agreement, or employment benefits
program or plan, addressing paid or unpaid leave from
employment (including family, medical, sick, annual,
personal, or similar leave); and
(B) includes any person acting directly or
indirectly in the interest of an employer in relation
to any employee, and includes a public agency, who is
subject to a law, agreement, program, or plan described
in subparagraph (A), but does not include any labor
organization (other than when acting as an employer) or
anyone acting in the capacity of officer or agent of
such labor organization.
(4) Employment benefits.--The term ``employment benefits''
has the meaning given the term in section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611).
(5) Parent; son or daughter.--The terms ``parent'' and
``son or daughter'' have the meanings given the terms in
section 101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611).
(6) Public agency.--The term ``public agency'' has the
meaning given the term in section 3 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203).
(b) Use of Existing Leave.--An employee who is entitled to take
paid or unpaid leave (including family, medical, sick, annual,
personal, or similar leave) from employment, pursuant to State or local
law, a collective bargaining agreement, or an employment benefits
program or plan, shall be permitted to use such leave for the purpose
of addressing domestic violence and its effects, or for the purpose of
caring for a son or daughter or parent of the employee, if such son or
daughter or parent is addressing domestic violence and its effects.
(c) Certification.--In determining whether an employee qualifies to
use leave as described in subsection (b), an employer may require a
written statement, documentation of domestic violence, or corroborating
evidence consistent with section 103(f) of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2613(f)), as amended by section 2044(c).
(d) Confidentiality.--All evidence provided to the employer under
subsection (c) of domestic violence experienced by an employee or the
son or daughter or parent of the employee, including a statement of an
employee, any other documentation or corroborating evidence, and the
fact that an employee has requested leave for the purpose of
addressing, or caring for a son or daughter or parent who is
addressing, domestic violence and its effects, shall be retained in the
strictest confidence by the employer, except to the extent that
disclosure is requested, or consented to, by the employee for the
purpose of--
(1) protecting the safety of the employee or a family
member or co-worker of the employee; or
(2) assisting in documenting domestic violence for a court
or agency.
(e) Prohibited Acts.--
(1) Interference with rights.--
(A) Exercise of rights.--It shall be unlawful for
any employer to interfere with, restrain, or deny the
exercise of or the attempt to exercise, any right
provided under this section.
(B) Discrimination.--It shall be unlawful for any
employer to discharge or in any other manner
discriminate against an individual for opposing any
practice made unlawful by this section.
(2) Interference with proceedings or inquiries.--It shall
be unlawful for any person to discharge or in any other manner
discriminate against any individual because such individual--
(A) has filed any charge, or had instituted or
caused to be instituted any proceeding, under or
related to this section;
(B) has given, or is about to give, any information
in connection with any inquiry or proceeding relating
to any right provided under this section; or
(C) has testified, or is about to testify, in any
inquiry or proceeding relating to any right provided
under this section.
(f) Enforcement.--
(1) Public enforcement.--The Secretary of Labor shall have
the powers set forth in subsections (b), (c), (d), and (e) of
section 107 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2617) for the purpose of public agency enforcement of
any alleged violation of subsection (e) against any employer.
(2) Private enforcement.--The remedies and procedures set
forth in section 107(a) of the Family and Medical Leave Act of
1993 (29 U.S.C. 2617(a)) shall be the remedies and procedures
pursuant to which an employee may initiate a legal action
against an employer for alleged violations of subsection (e).
(3) References.--For purposes of paragraph (1) and (2),
references in section 107 of the Family and Medical Leave Act
of 1993 to section 105 of such Act shall be considered to be
references to subsection (e).
(4) Employer liability under other laws.--Nothing in this
section shall be construed to limit the liability of an
employer to an employee for harm suffered relating to the
employee's experience of domestic violence pursuant to any
other Federal or State law, including a law providing for a
legal remedy.
SEC. 2047. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.
(a) More Protective Laws, Agreements, Programs, and Plans.--Nothing
in this subtitle or the amendments made by this subtitle shall be
construed to supersede any provision of any Federal, State, or local
law, collective bargaining agreement, or other employment benefits
program or plan that provides greater unemployment compensation or
leave benefits for employed victims of domestic violence than the
rights established under this subtitle or such amendments.
(b) Less Protective Laws, Agreements, Programs, and Plans.--The
rights established for employees under this subtitle or the amendments
made by this subtitle shall not be diminished by any State or local
law, collective bargaining agreement, or employment benefits program or
plan.
SEC. 2048. EFFECTIVE DATE.
(a) General Rule.--Except as provided in subsection (b), this
subtitle and the amendments made by this subtitle take effect 180 days
after the date of enactment of this Act.
(b) Unemployment Compensation.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by section 3043 shall apply in the case of
compensation paid for weeks beginning on or after the
expiration of 180 days from the date of enactment of this Act.
(2) Meeting of state legislature.--
(A) In general.--If the Secretary of Labor
identifies a State as requiring a change to its
statutes or regulations in order to comply with the
amendments made by section 3043, the amendments made by
section 3043 shall apply in the case of compensation
paid for weeks beginning after the earlier of--
(i) the date the State changes its statutes
or regulations in order to comply with the
amendments made by section 3043; or
(ii) the end of the first session of the
State legislature which begins after the date
of enactment of this Act or which began prior
to such date and remained in session for at
least 25 calendar days after such date;
except that in no case shall the amendments made by
this subtitle apply before the date that is 180 days
after the date of enactment of this Act.
(B) Session defined.--In this paragraph, the term
``session'' means a regular, special, budget, or other
session of a State legislature.
TITLE III--PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE UNDER SOCIAL
SECURITY ACT PROGRAMS
SEC. 3001. WAIVERS FOR VICTIMS OF DOMESTIC VIOLENCE UNDER THE TANF
PROGRAM.
(a) Findings.--Congress finds that--
(1) the intent of Congress in amending part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.) in section
103(a) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat 2112)
was to allow States to take into account the effects of the
epidemic of domestic violence in establishing their welfare
programs, by giving States the flexibility to grant individual,
temporary waivers for good cause to victims of domestic
violence who meet the criteria set forth in section
402(a)(7)(A)(iii) of the Social Security Act (42 U.S.C.
602(a)(7)(A)(iii));
(2) the allowance of waivers under that section was not
intended to be limited by other, separate, and independent
provisions of part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.);
(3) under that section, requirements under the temporary
assistance for needy families program under part A of title IV
of such Act may, for good cause, be waived for so long as
necessary; and
(4) good cause waivers granted pursuant to that section are
intended to be temporary and directed only at particular
program requirements, such as time limits for receipt of
assistance and work participation, when needed on an individual
case-by-case basis, and are intended to facilitate the ability
of victims of domestic violence to move forward and meet
program requirements when safe and feasible without
interference by domestic violence.
(b) Clarification of Waiver Provisions.--
(1) In general.--Section 402(a)(7) of the Social Security
Act (42 U.S.C. 602(a)(7)) is amended--
(A) by redesignating subparagraph (B) as
subparagraph (E); and
(B) by inserting after subparagraph (A), the
following:
``(B) No numerical limits.--In implementing this
paragraph, a State shall not be subject to any
numerical limitation in the granting of good cause
waivers under subparagraph (A)(iii).
``(C) Waivered individuals not included for
purposes of certain other provisions of this part.--Any
individual to whom a good cause waiver of compliance
with this Act has been granted in accordance with
subparagraph (A)(iii) shall not be included for
purposes of--
``(i) determining a State's compliance with
the participation rate requirements set forth
in section 407;
``(ii) applying the limitation described in
section 408(a)(7)(C)(ii); or
``(iii) for purposes of determining whether
to impose a penalty under paragraph (3), (5),
or (9) of section 409(a).
``(D) Secretarial review.--If, but for subparagraph
(C), a State would fail to comply with the
participation rate requirements set forth in section
407, exceed the limitation described in section
408(a)(7)(C)(ii), or have a penalty imposed under
paragraph (3), (5), or (9) of section 409(a), the
Secretary may review the good cause waivers granted by
a State under subparagraph (A)(iii) to determine
whether the State has granted such waivers pursuant to
a determination of good cause, and may revoke any
waivers that the Secretary finds were not granted in
accordance with the requirements of this paragraph.''.
(2) Effective date.--The amendment made by paragraph (1)
takes effect as if included in the enactment of section 103(a)
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.
2112).
SEC. 3002. DISCLOSURE PROTECTIONS UNDER THE CHILD SUPPORT PROGRAM.
(a) Federal Parent Locator Service.--Section 453 of the Social
Security Act (42 U.S.C. 653) is amended--
(1) in subsection (b)(2)--
(A) in the matter preceding subparagraph (A), by
inserting ``, or that the health, safety, or liberty of
a parent or child would be put at risk by the
disclosure of such information,'' before ``provided
that'';
(B) in subparagraph (A), by inserting ``, that the
health, safety, or liberty of a parent or child would
be put at risk by the disclosure of such information,''
before ``and that information''; and
(C) in subparagraph (B)(i), by striking ``be
harmful to the parent or the child'' and inserting
``place the health, safety, or liberty of a parent or
child at risk''; and
(2) in subsection (c)(2), by inserting ``, or to serve as
the initiating court in an action to seek an order,'' before
``against a noncustodial''.
(b) State Plan Requirements.--Section 454(26) of the Social
Security Act (42 U.S.C. 654(26)) is amended--
(1) in subparagraph (C), by striking ``result in physical
or emotional harm to the party or the child'' and inserting
``place the health, safety, or liberty of a parent or child at
risk'';
(2) in subparagraph (D), by striking ``of domestic violence
or child abuse against a party or the child and that the
disclosure of such information could be harmful to the party or
the child'' and inserting ``that the health, safety, or liberty
of a parent or child would be put at risk by the disclosure of
such information''; and
(3) in subparagraph (E), by striking ``of domestic
violence'' and all that follows through the semicolon and
inserting ``that the health, safety, or liberty of a parent or
child would be put at risk by the disclosure of such
information pursuant to section 453(b)(2), the court shall determine
whether disclosure to any other person or persons of information
received from the Secretary could place the health, safety, or liberty
of a parent or child at risk (if the court determines that disclosure
to any other person could be harmful, the court and its agents shall
not make any such disclosure);''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Balanced Budget Act of
1997 (Public Law 105-33; 111 Stat. 251).
SEC. 3003. BONUS TO BUILD REAL OPPORTUNITIES FOR POOR FAMILIES.
Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is
amended by adding at the end the following:
``(6) Building opportunities bonus.--
``(A) In general.--The Secretary shall award a
grant pursuant to this paragraph to each State for each
bonus year for which the State is a high performing
State.
``(B) Amount of grant.--
``(i) In general.--Subject to clause (ii),
the Secretary shall determine the amount of the
grant payable under this paragraph to a high
performing State for a bonus year, which shall
be based on the score assigned to the State
under subparagraph (D)(i) for the fiscal year
that immediately precedes the bonus year.
``(ii) Limitation.--The amount payable to a
State under this paragraph for a bonus year
shall not exceed 5 percent of the State family
assistance grant and shall be used to address
the issues set forth in subparagraph (C).
``(C) Criteria for measuring state performance.--
Not later than 1 year after the date of enactment of
this paragraph, the Secretary, in consultation with the
National Governor's Association and the Institute for
Women's Policy Research, shall develop criteria for
measuring State performance in operating the State
program funded under this part to address the following
issues as they relate to the ability of recipients of
assistance under the State program to become
economically self-sufficient:
``(i) Child care.--Whether States are--
``(I) ensuring an adequate supply
of safe, accessible, appropriate, and
quality child care slots;
``(II) helping women identify and
place children in safe, accessible,
appropriate, and quality child care;
``(III) ensuring that available
child care slots are filled;
``(IV) improving the quality of
child care by ensuring that child care
providers are adequately paid and
trained;
``(V) increasing access to safe,
accessible, appropriate, and quality
child care by making child care
subsidies available to recipients of
assistance under the State program
funded under this part and families
that earn up to 85 percent of the
State's median income;
``(VI) collaborating with State
child care resource and referral
agencies and child care development
experts in developing and implementing
child care programs and policies; and
``(VII) collaborating with State
domestic violence coalitions to address
the child care needs of families
affected by domestic violence.
``(ii) Employment.--Whether States are--
``(I) providing education and
training for recipients of assistance
under the State program under this part
for employment that pays a sustainable
wage, such as apprenticeable,
technical, and professional
occupations, and nontraditional
employment;
``(II) placing such recipients in
such employment;
``(III) retaining such recipients
in such employment;
``(IV) providing career development
assistance for such recipients,
including job readiness training,
reliable, up-to-date career counseling
services, and employability assessments
on available employment that pays a
sustainable wage, and information on
nontraditional training, education
options, and employment opportunities
for women entering welfare-to-work
programs; and
``(V) utilizing resources available
under title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2801
et seq.), including under section
134(a)(3)(A)(vi)(II) of such Act (29
U.S.C. 2864(a)(3)(A)(vi)(II)), to
support State efforts on education,
training, placement, retention and
career development assistance, as
described in subclauses (I) through
(IV).
``(iii) Domestic violence.--Whether States
are--
``(I) collaborating with State
domestic violence coalitions in
implementing substantive programs
addressing domestic violence as an
impediment to women's work and
education (such as demonstration and
model projects), programs placing
domestic violence advocates in welfare
offices, and programs providing
employment and support services for
victims of domestic violence that will
reach a substantial number of battered
women;
``(II) collaborating with State
domestic violence coalitions in
adopting and implementing the option
under the State plan relating to
domestic violence set forth in section
402(a)(7);
``(III) collaborating with State
domestic violence coalitions in
requiring training on domestic violence
for case workers for the State program
funded under this part;
``(IV) collaborating with State
domestic violence coalitions in
requiring training on domestic violence
for job training, education, and job
placement programs that are contracted
by the State program funded under this
part and requiring that such programs
implement strategies and programs to
support victims of domestic violence in
the workplace;
``(V) conducting outreach to
employers of recipients of assistance
to ensure that employers are aware of
and are implementing strategies and programs to support victims of
domestic violence in the workplace; and
``(VI) conducting public education
on domestic violence.
``(D) Scoring of state performance; setting of
performance thresholds.--For each bonus year, the
Secretary shall--
``(i) use the criteria developed under
subparagraph (C) to assign a score to each
eligible State for the fiscal year that
immediately precedes the bonus year; and
``(ii) prescribe a performance threshold in
such a manner so as to ensure that--
``(I) the average annual total
amount of grants to be made under this
paragraph for each bonus year equals
$200,000,000; and
``(II) the total amount of grants
to be made under this paragraph for all
bonus years equals $1,000,000,000.
``(E) Definitions.--In this paragraph:
``(i) Bonus year.--The term `bonus year'
means fiscal years 2001, 2002, 2003, 2004, and
2005.
``(ii) Child care.--The term `child care'
means all programs and arrangements utilized by
parents for the care of children from birth
through age 14, and for the care of children
with special needs who are older than age 14,
including day care services provided by
centers, family day care, group family day
care, informal care, after hours care, and
before- and after-school programs.
``(iii) Child with special needs.--The term
`child with special needs' has the meaning
given the term `child with a disability' in
section 602(3)(A)(i) of the Individuals With
Disabilities Education Act (20 U.S.C. 1401).
``(iv) Domestic violence.--The term
`domestic violence' has the meaning given the
term `battered or subjected to extreme cruelty'
in section 408(a)(7)(C)(iii).
``(v) High performance state.--The term
`high performance State' means, with respect to
a bonus year, an eligible State whose score
assigned pursuant to subparagraph (D)(i) for
the fiscal year immediately preceding the bonus
year equals or exceeds the performance
threshold prescribed under subparagraph (D)(ii)
for such preceding fiscal year.
``(vi) Sustainable wage.--The term
`sustainable wage' means a wage that is at
least 185 percent above the poverty line and
that takes into account costs related to
employment such as Federal, State, and local
taxes, child care, transportation, food, and
shelter costs for a particular geographic area.
``(vii) Nontraditional employment.--The
term `nontraditional employment' means
occupations or fields of work, including
careers in computer science, technology, and
other emerging high skill occupations, for
which individuals from one gender comprise less
than 25 percent of the individuals employed in
each such occupation or field of work.
``(viii) Poverty line.--The term `poverty
line' has the meaning given such term in
section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2)), including any
revision required by such section.
``(F) Appropriation.--Out of any money in the
Treasury of the United States not otherwise
appropriated, there are appropriated for fiscal years
2001 through 2005, $1,000,000,000 for grants under this
paragraph.''.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 4001. GRANTS TO COMBAT VIOLENCE AGAINST WOMEN.
(a) Ensuring Adequate Tribal Law Enforcement Grants on Violence
Against Women.--Section 2002(b)(1) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(b)(1)) is amended by
striking ``4 percent'' and inserting ``5 percent''.
(b) Coalition Grants.--
(1) In general.--Part T of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.)
is amended--
(A) by striking the part designation and heading
and inserting the following:
``PART T--GRANTS TO COMBAT VIOLENCE AGAINST WOMEN''; and
(B) by inserting after section 2002 the following:
``SEC. 2002A. STATE COALITION GRANTS.
``(a) Definitions.--In this section--
``(1) the term `combined United States Territories' means
Guam, American Samoa, the United States Virgin Islands, the
Northern Mariana Islands, and the Trust Territory of the
Pacific Islands;
``(2) the term `Indian country' has the meaning given that
term in section 1151 of title 18, United States Code;
``(3) the term `State' means each of the several States,
the District of Columbia, and the Commonwealth of Puerto Rico;
and
``(4) the term `State coalition' means--
``(A) a State domestic violence coalition funded
under section 311(b) of the Family Violence Prevention
and Services Act (42 U.S.C. 10410(b));
``(B) a State coalition of sexual assault programs
(as defined in section 393B(e) of the Public Health
Service Act); and
``(C) an entity that constitutes both a State
domestic violence coalition described in subparagraph
(A) and a State coalition of sexual assault programs.
``(b) Purpose.--The Attorney General shall award grants to State
coalitions in accordance with this section, which shall be used for the
purposes of coordinating State victim services activities, and
collaborating and coordinating with Federal, State, and local entities
engaged in violence against women activities.
``(c) Other Awards.--A grant awarded under this subsection does not
preclude a State coalition from receiving a grant under section 2002.
``(d) Allocation.--
``(1) In general.--Of the amount made available under
section 1001(a)(18) in each fiscal year, 5 percent shall be
used for grants under this section.
``(2) Geographical distribution.--Of the amount made
available under paragraph (1) in each fiscal year--
``(A) \1/54\ shall be available in each State and
in the combined United States Territories; and
``(B) \1/54\ shall be available for the
establishment and operation of nonprofit,
nongovernmental tribal domestic violence and sexual
assault coalitions in Indian country.
``(3) Disbursement of geographical allotments.--Of the
amount made available in each fiscal year in each State, the
combined United States Territories, and in Indian country under
paragraph (2)--
``(A) 50 percent shall be--
``(i) awarded to the State coalition of
domestic violence programs; or
``(ii) with respect to a State in which a
single entity constitutes both the State
domestic violence coalition and the State
coalition of sexual assault programs, awarded
to that entity and used for domestic violence
program purposes; and
``(B) 50 percent shall be--
``(i) awarded to the State coalition of
sexual assault programs; or
``(ii) with respect to a State described in
subparagraph (A)(ii), awarded to the entity
described in that subparagraph and used for
sexual assault program purposes.''.
(2) Conforming amendments.--Part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg et seq.) is amended--
(A) in section 2001(b), by striking ``this part''
and inserting ``section 2002'';
(B) in section 2002--
(i) in each of subsections (a), (c), (d),
(e), (f), (g), and (h), by striking ``this
part'' each place that term appears and
inserting ``this section'';
(ii) in subsection (b), by inserting
``(less the amount reserved under section
2002A(d)(1))''; and
(iii) in subsection (f), by striking ``this
subtitle'' and inserting ``this section'';
(C) in section 2004(b), by striking ``this part''
each place that term appears and inserting ``section
2002'';
(D) in section 2005(a)(1), by striking ``this
part'' and inserting ``section 2002''; and
(E) in section 2006(a), by striking ``this part''
and inserting ``section 2002''.
(c) Ensuring Tribal Participation in Grants To Encourage Arrest
Policies.--Section 2101 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796hh) is amended by adding at the end the
following:
``(d) Disbursement.--Not less than 5 percent of the total amount
made available to carry out this section in each fiscal year shall be
used for grants to Indian tribal governments.''.
(d) Addressing Rural Domestic Violence and Child Abuse on Tribal
Lands.--Section 40295(c) of the Safe Homes for Women Act of 1994 (42
U.S.C. 13971(c)) is amended by adding at the end the following:
``(3) Disbursement.--Not less than 5 percent of the total
amount made available under paragraph (1) in each fiscal year
shall be used for grants to Indian tribal governments.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5493-5494)
Read twice and referred to the Committee on Finance.
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