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 HR 357 IH

106th CONGRESS

1st Session

H. R. 357

To prevent violence against women, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 19, 1999

Mr. CONYERS (for himself, Mrs. MORELLA, Ms. ROYBAL-ALLARD, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. ALLEN, Mr. ANDREWS, Mr. BALDACCI, Ms. BALDWIN, Mr. BARRETT of Wisconsin, Mr. BISHOP, Mr. BLAGOJEVICH, Mr. BLUMENAUER, Ms. BROWN of Florida, Mr. BROWN of California, Mr. BOUCHER, Mr. CAPUANO, Ms. CARSON, Mrs. CLAYTON, Mr. CLEMENT, Mr. COSTELLO, Mr. CRAMER, Mr. CUMMINGS, Ms. DEGETTE, Ms. DELAURO, Mr. DELAHUNT, Mr. DEUTSCH, Mr. EVANS, Mr. FARR of California, Mr. FILNER, Mr. FOLEY, Mr. FORD, Mr. GEJDENSON, Mr. GEPHARDT, Mr. GILMAN, Mr. GONZALEZ, Mr. GREEN of Texas, Mr. HINCHEY, Mr. HINOJOSA, Ms. JACKSON-LEE of Texas, Mr. JEFFERSON, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. KENNEDY of Rhode Island, Ms. KILPATRICK, Mr. LANTOS, Mr. LEACH, Mr. LEWIS of Georgia, Ms. LOFGREN, Mrs. LOWEY, Mrs. MCCARTHY of New York, Mr. MCDERMOTT, Mrs. MALONEY of New York, Mr. MARKEY, Mr. MEEHAN, Mrs. MEEK of Florida, Ms. MILLENDER-MCDONALD, Mr. GEORGE MILLER of California, Mrs. MINK of Hawaii, Mr. MOAKLEY, Mr. MORAN of Virginia, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEAL of Massachusetts, Ms. NORTON, Mr. PALLONE, Mr. PASCRELL, Mr. PASTOR, Mr. PAYNE, Ms. PELOSI, Mr. POMEROY, Mr. RODRIGUEZ, Mr. ROMERO-BARCELO, Mr. RUSH, Mr. SANDERS, Mr. SANDLIN, Mr. SHERMAN, Ms. SLAUGHTER, Mr. STARK, Mrs. THURMAN, Mr. UNDERWOOD, Mr. VENTO, Mr. VISCLOSKY, Ms. WATERS, Mr. WAXMAN, Mr. WEINER, Mr. WEYGAND, Mr. WISE, Ms. WOOLSEY, and Mr. WYNN) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Ways and Means, Commerce, Banking and Financial Services, Armed Services, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To prevent violence against women, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Violence Against Women Act of 1999'.

(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

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

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

Sec. 101. Reauthorization.

Sec. 102. Technical amendments.

Sec. 103. State coalition grants.

Subtitle B--National Domestic Violence Hotline

Sec. 111. Reauthorization.

Sec. 112. Technical amendments.

Subtitle C--Battered Women's Shelters and Services

Sec. 121. Short title.

Sec. 122. Authorization of appropriations for family violence prevention and services.

Sec. 123. FVPSA improvements.

Subtitle D--Community Initiatives

Sec. 131. Grants for community initiatives.

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

Sec. 141. Reauthorization.

Subtitle F--Grants To Encourage Arrest Policies

Sec. 151. Definitions.

Sec. 152. Reauthorization.

Sec. 153. Technical amendment.

Subtitle G--Rural Domestic Violence and Child Abuse Enforcement

Sec. 161. Reauthorization.

Sec. 162. Technical amendments.

Subtitle H--National Stalker and Domestic Violence Reduction

Sec. 171. Technical amendments.

Sec. 172. Reauthorization.

Subtitle I--Federal Victims' Counselors

Sec. 181. Reauthorization.

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

Sec. 191. Reauthorization.

Sec. 192. Dissemination of information.

Subtitle K--Victims of Child Abuse Programs

Sec. 193. Reauthorization of court-appointed special advocate program.

Sec. 194. Reauthorization of child abuse training programs for judicial personnel and practitioners.

Sec. 195. Reauthorization of grants for televised testimony.

Sec. 196. Dissemination of information.

TITLE II--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

Sec. 201. Findings.

Subtitle A--Safe Havens for Children

Sec. 211. Purposes.

Sec. 212. Grants to provide for supervised visitation centers.

Subtitle B--Violence Against Women Prevention in Schools

Sec. 221. Grants for violence against women prevention in schools.

Subtitle C--Family Safety

Sec. 231. Short title.

Sec. 232. Findings and purposes.

Sec. 233. Defense to criminal custodial interference or parental abduction charge.

Sec. 234. Full faith and credit given to child custody determinations.

Subtitle D--Domestic Violence and Children

Sec. 241. Child custody, child abuse, and victims of domestic violence.

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

Sec. 251. Child welfare worker training on domestic violence and sexual assault.

Subtitle F--Child Abuse Accountability

Sec. 261. Short title.

Sec. 262. Amendments to Title I of the Employee Retirement Income Security Act of 1974.

Sec. 263. Amendments to the Internal Revenue Code of 1986.

Sec. 264. Effective date.

TITLE III--SEXUAL ASSAULT PREVENTION

Subtitle A--Rape Prevention Education

Sec. 301. Transfer of rape prevention and education program.

Sec. 302. Rape prevention education.

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

Sec. 311. Short title.

Sec. 312. Standards, practice, and training for sexual assault forensic examinations.

Subtitle C--Violence Against Women Training for Health Professions

Sec. 331. Short title.

Sec. 332. Establishment, for certain health professions programs, of provisions regarding domestic violence and sexual assault.

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

Sec. 341. Short title.

Sec. 342. Findings.

Sec. 343. Establishment of prevention program.

Sec. 344. Prohibited sexual conduct by correctional staff.

Sec. 345. National sexual contact hotline for prisoners.

Sec. 346. Definitions.

Subtitle E--Hate Crimes Prevention

Sec. 351. Short title.

Sec. 352. Findings.

Sec. 353. Definition of hate crime.

Sec. 354. Prohibition of certain acts of violence.

Sec. 355. Duties of Federal Sentencing Commission.

Sec. 356. Grant program.

Sec. 357. Authorization for additional personnel to assist State and local law enforcement.

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

Sec. 361. Reclassification of date-rape drug.

Sec. 362. Classification of date-rape drugs.

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

Sec. 371. Purpose.

Sec. 372. Grants to improve access to the justice system.

Sec. 373. Application.

Sec. 374. Funding.

Sec. 375. Definitions.

TITLE IV--DOMESTIC VIOLENCE PREVENTION

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

Sec. 401. Short title.

Sec. 402. Findings.

Sec. 403. Authorization of appropriations.

Sec. 404. Use of amounts for housing assistance for victims of domestic violence, stalking, or adult or child sexual assault.

Sec. 405. Definitions.

Subtitle B--Full Faith and Credit for Protection Orders

Sec. 411. Full faith and credit for protection orders.

Sec. 412. Grant program.

Subtitle C--Victims of Abuse Insurance Protection

Sec. 421. Short title.

Sec. 422. Definitions.

Sec. 423. Discriminatory acts prohibited.

Sec. 424. Insurance protocols for subjects of abuse.

Sec. 425. Reasons for adverse actions.

Sec. 426. Life insurance.

Sec. 427. Subrogation without consent prohibited.

Sec. 428. Enforcement.

Sec. 429. Effective date.

Subtitle D--National Summit on Sports and Violence

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

Subtitle E--Keeping Firearms From Intoxicated Persons

Sec. 441. Prohibition against transfer of a firearm to, and possession of a firearm by, a person who is intoxicated.

Subtitle F--Access to Safety and Advocacy

Sec. 451. Short title.

Sec. 452. Purpose.

Sec. 453. Grants to improve access to the justice system.

Sec. 454. Application.

Sec. 455. Funding.

Sec. 456. Provision of technical assistance and training.

Sec. 457. Evaluation of access to safety and advocacy grants.

Sec. 458. Definitions.

Subtitle G--Strengthening Enforcement To Reduce Violence Against Women

Sec. 461. Amendments to domestic violence and stalking offenses.

Subtitle H--Disclosure Protections

Sec. 471. Disclosure protections under the child support program.

TITLE V--VIOLENCE AGAINST WOMEN IN THE MILITARY SYSTEM

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

Sec. 501. Criminal offenses committed outside the United States by persons accompanying the Armed Forces.

Sec. 502. Records of military justice actions.

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

Sec. 511. Transitional compensation.

Subtitle C--Confidentiality of Records

Sec. 521. Confidentiality of records.

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

Subtitle A--Older Women's Protection From Violence

Sec. 601. Short title.

Sec. 602. Findings.

Chapter 1--Violence Against Women Act of 1994

Sec. 603. Elder abuse, neglect, and exploitation.

Chapter 2--Family Violence Prevention and Services Act

Sec. 604. Definitions.

Sec. 605. Domestic violence services for older individuals.

Sec. 606. Demonstration grants for community initiatives.

Chapter 3--Older Americans Act of 1965

Sec. 607. Definitions.

Sec. 608. Research about the sexual assault of women who are older individuals.

Sec. 609. State long-term care ombudsman program.

Sec. 610. Training for health professionals, and other providers of services to older individuals, on screening for elder abuse, neglect, and exploitation.

Sec. 611. Domestic violence shelters and programs for older individuals.

Sec. 612. Authorization of appropriations.

Sec. 613. Community initiatives and outreach.

Chapter 4--Public Health Service Act

Sec. 614. Short title.

Sec. 615. Establishment, for certain health professions programs, of provisions regarding identification and referral for elder abuse and neglect.

Sec. 616. Area health education centers.

Sec. 617. Geriatric centers and training.

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

Sec. 620. Short title.

Sec. 621. Findings.

Sec. 622. Omnibus Crime Control and Safe Streets Act of 1968.

Sec. 623. Family Violence Prevention and Services Act.

Sec. 624. Violence Against Women Act.

Sec. 625. Training programs for social service and health providers.

Sec. 626. Training for health professionals on screening for abuse of women with disabilities.

Sec. 627. Research about sexual abuse and violence against women with disabilities.

Sec. 628. Grants for technical assistance.

Subtitle C--Battered Immigrant Women

Sec. 630. Findings and purposes.

Sec. 631. VAWA Restoration Act.

Sec. 632. Remedying problems with implementation of the Violence Against Women Act's immigration provisions.

Sec. 633. Waivers and exceptions to inadmissibility for otherwise qualified battered immigrants.

Sec. 634. Calculation of physical presence in VAWA cancellation of removal and suspension of deportation.

Sec. 635. Improved access to VAWA immigration protections for battered immigrant women.

Sec. 636. Improved access to VAWA cancellation of removal.

Sec. 637. Good moral character determinations.

Sec. 638. Battered Immigrant Women's Economic Security Act.

Sec. 639. Access to Legal Services Corporation funds.

Sec. 640. Violence Against Women Act training for INS officers, immigration judges, and civil and criminal court justice system personnel.

Sec. 641. Protection for certain victims of crimes against women.

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

Sec. 651. Law enforcement and prosecution grants.

Sec. 652. Family Violence Prevention and Services Act.

TITLE VII--VIOLENCE AGAINST WOMEN AND THE WORKPLACE

Sec. 701. Findings.

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

Sec. 711. National Clearinghouse on Domestic Violence and Sexual Assault and the Workplace grant.

Subtitle B--Victims' Employment Rights

Sec. 721. Short title.

Sec. 722. Purposes.

Sec. 723. Definitions.

Sec. 724. Prohibited discriminatory acts.

Sec. 725. Enforcement.

Sec. 726. Attorney's fees.

Subtitle C--Workplace Violence Against Women Prevention Tax Credit

Sec. 731. Short title.

Sec. 732. Credit for costs to employers of implementing workplace safety programs to combat violence against women.

Subtitle D--Battered Women's Employment Protection

Sec. 741. Short title.

Sec. 742. Purposes.

Sec. 743. Unemployment compensation.

Sec. 744. Entitlement to leave for addressing domestic violence for non-Federal employees.

Sec. 745. Entitlement to leave for addressing domestic violence for Federal employees.

Sec. 746. Existing leave usable for domestic violence.

Sec. 747. Effect on other laws and employment benefits.

Sec. 748. Effective date.

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

Sec. 751. Education and Training Grants To Promote Appropriate Responses to Violence Against Women.

Subtitle F--Workers' Compensation

Sec. 761. Sense of Congress regarding workplace violence against women and workers' compensation.

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

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

SEC. 2. DEFINITIONS.

For purposes of this Act--

(1) DOMESTIC VIOLENCE- The term `domestic violence' includes acts or threats of violence, not including acts of self-defense, committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim, by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against a victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

(2) INDIAN COUNTRY- The term `Indian country' has the same meaning as is given such term by section 1151 of title 18, United States Code.

(3) SEXUAL ASSAULT- The term `sexual assault' means any conduct proscribed by chapter 109A of title 18, United States Code, whether or not the conduct occurs in the special maritime and territorial jurisdiction of the United States or in a Federal prison and includes both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known to the victim or related by blood or marriage to the victim.

(4) STALKING- The term `stalking' means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear death, sexual assault, or bodily injury to such person or a member of such person's immediate family, when the person engaging in such conduct has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death, sexual assault, or bodily injury to such person or a member of such person's immediate family and when the conduct induces fear in the specific person of death, sexual assault, or bodily injury to such person or a member of such person's immediate family.

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

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

SEC. 101. REAUTHORIZATION.

Section 1001(a)(18) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(18)) is amended--

(1) by striking `and' at the end of subparagraph (E);

(2) by striking the period at the end of subparagraph (F) and inserting `; and'; and

(3) by inserting after subparagraph (F) the following:

`(G) $185,000,000 for fiscal year 2001;

`(H) $185,000,000 for fiscal year 2002;

`(I) $185,000,000 for fiscal year 2003; and

`(J) $195,000,000 for fiscal year 2004.'.

SEC. 102. TECHNICAL AMENDMENTS.

(a) Section 2002(c)(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(c)(3)) is amended to read as follows:

`(3) up to 20 percent to be allocated to law enforcement, up to 20 percent to prosecution grants, at least 35 percent to victims' services, and at least 10 percent to State court systems; and'.

(b) Section 2002(e) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(e)) is amended by adding at the end the following new paragraph:

`(3) REALLOTMENT OF FUNDS-

`(A) If, at the end of the 9th month of any fiscal year for which funds are appropriated under section 1001(a)(18), the amounts made available are unspent or unobligated, such unspent or unobligated funds shall be reallotted to the current fiscal year recipients in the victim services area pursuant to section 2002(c)(3)) proportionate to their original allotment for the current fiscal year.

`(B) For the first 2 fiscal years following the date of the enactment of the Violence Against Women Act of 1999, the Attorney General may waive the qualification requirements of section 2002(c), at the request of the State and with the support of law enforcement, prosecution, and victims' services grantees currently

funded under this section, if the reallocation of funds among law enforcement, prosecution, victims' services and State court systems mandated by this Act adversely impacts victims of sexual assault, domestic violence, and stalking, due to the reduction of funds to programs and services funded under this section in the prior fiscal year.'.

(c) Section 2001(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended--

(1) by striking `and' at the end of paragraph (6); and

(2) by redesignating paragraph (7) as paragraph (10) and by inserting after paragraph (6) the following new paragraphs:

`(7) developing, enlarging, or strengthening State court programs, including training for State, local, and tribal judges and court personnel, addressing violent crimes against women, including sexual assault, domestic violence, and stalking;

`(8) training of sexual assault forensic nurse examiners in the collection and preservation of evidence, analysis, prevention, and providing expert testimony and treatment of trauma related to sexual assault; and

`(9) supporting the development of sexual assault response teams to strengthen the investigation of sexual assaults and coordinate services for victims of sexual assault.'.

(d) Section 2002 of Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1) is amended by redesignating subsections (e), (f), (g), and (h) as subsections (f), (g), (h), and (i), respectively, and by inserting after subsection (d) the following:

`(e) MONITORING AND COMPLIANCE- The Attorney General shall deny applications--

`(1) that do not meet the requirements set forth in subsections (c) and (d); and

`(2) for failure to provide documentation, including memoranda of understanding, contract, or other document of any collaborative efforts with other agencies or organizations.'.

(e) Section 2003(8) of Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(8)) is amended by striking `assisting domestic violence or sexual assault victims through the legal process' and inserting `providing advocacy and assistance for victims seeking legal, social, and health care services', and inserting before the period the following: `, except that such term shall not include programs or activities that are targeted primarily for offenders'.

(f) Section 2002(b)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(b)(1)) is amended by striking `4 percent' and inserting `5 percent'.

(g) Section 2005(b)(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4(b)(3)) is amended--

(1) by striking `and' at the end of subparagraph (C);

(2) by striking the period at the end of subparagraph (D) and inserting `; and'; and

(3) by inserting after subparagraph (D) the following:

`(E) the reimbursement is not contingent upon the victim's report of the sexual assault to law enforcement or upon the victim's cooperation in the prosecution of the sexual assault.'.

(h) Section 2006(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-5(a)(1)) is amended by inserting `'civil or criminal' before `protection order'.

SEC. 103. STATE COALITION GRANTS.

Section 2001 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended by inserting after subsection (b) the following new subsection:

`(c)(1) PURPOSE- The Attorney General shall make grants to each of the State domestic violence and sexual assault coalitions in the State for the purposes of coordinating State victim services activities, and collaborating and coordinating with Federal, State, and local entities engaged in violence against women activities. In no case will such awards preclude the State domestic violence and sexual assault coalitions from receiving grants under this part T to fulfill the purposes described in subsections (a) and (b).

`(2) GRANTS TO COALITIONS- Five percent of the funds appropriated for a fiscal year under section 1001(a)(18) shall be made available for grants to domestic violence and sexual assault coalitions for the purposes described in paragraph (1).

`(3) GEOGRAPHICAL ALLOTMENT-

`(A) AMOUNT- The domestic violence and sexual assault coalition in each State, the District of Columbia, the Commonwealth of Puerto Rico, and the combined United States Territories shall each receive an amount equal to 1/54 of the amount made available under paragraph (2). The combined United

States Territories shall not receive less than 1.5 percent of the funds made available under paragraph (2) for each fiscal year and the tribal domestic violence and sexual assault coalitions shall not receive less than 1.5 percent of the funds made available under paragraph (2) for each fiscal year.

`(B) DEFINITION- For the purposes of this section, the term `combined United States Territories' means Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.

`(C) INDIANS- 1/54 of the amount appropriated shall be made available for development and operation of nonprofit nongovernmental tribal domestic violence and sexual assault coalitions in Indian country. The term `Indian country' has the same meaning as is given such term by section 1151 of title 18, United States Code.

`(4) DISBURSEMENT OF GEOGRAPHICAL ALLOTMENTS- Fifty percent of the 1/54 allotted to each State, the District of Columbia, Commonwealth of Puerto Rico, the combined United States Territories, and Indian country under paragraph (3) shall be made available to the domestic violence coalition as defined in the Family Violence Prevention and Services Act (42 U.S.C. 10410 et seq.) and fifty percent shall be made available to the sexual assault coalition as defined under the Public Health Service Act; and

`(5) COMPONENT ELIGIBILITY- In the case of combined domestic violence and sexual assault coalitions, each component shall be deemed eligible for the awards for sexual assault and domestic violence activities, respectively.'.

Subtitle B--National Domestic Violence Hotline

SEC. 111. REAUTHORIZATION.

Section 316(f)(1) of the Family Violence Prevention and Services Act (42 U.S.C. 10416(f)(1)) is amended to read as follows:

`(1) IN GENERAL- There are authorized to be appropriated to carry out the purposes of this section--

`(A) $1,600,000 for fiscal year 2000;

`(B) $1,800,000 for fiscal year 2001;

`(C) $2,000,000 for fiscal year 2002;

`(D) $2,000,000 for fiscal year 2003; and

`(E) $2,000,000 for fiscal year 2004.'.

SEC. 112. TECHNICAL AMENDMENTS.

Section 316 of the Family Violence Prevention and Services Act (42 U.S.C. 10416) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following:

`(f) Within 90 days after the date of the enactment of the Violence Against Women Act of 1999, all entities receiving funds pursuant to activities under subsection (a) shall prepare and submit a report to the Secretary that evaluates the effectiveness of the use of amounts received under such grants by such grantee and containing such other information as the Secretary may prescribe. The Secretary shall publish any such reports and provide at least 90 days for notice and opportunity for public comment prior to awarding or renewing any such grants.'.

Subtitle C--Battered Women's Shelters and Services

SEC. 121. SHORT TITLE.

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

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

Section 310(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as follows:

`(a) IN GENERAL- There are authorized to be appropriated to carry out this title--

`(1) $120,000,000 for fiscal year 2000;

`(2) $160,000,000 for fiscal year 2001;

`(3) $200,000,000 for fiscal year 2002;

`(4) $260,000,000 for fiscal year 2003; and

`(5) $260,000,000 for fiscal year 2004.'.

SEC. 123. FVPSA IMPROVEMENTS.

(a) Section 304(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10403(a)) is amended--

(1) by inserting after `grant authorized under section 303(a)' the following: `$500,000, with the remaining funds to be allotted to each State in';

(2) by striking paragraph (1), by striking the dash preceding paragraph (1), by striking `(2)', and by running in the text of paragraph (2) after `except that';

(3) by striking the last sentence.

(b) Section 304(d) of the Family Violence Prevention and Services Act (42 U.S.C. 10403(d)) is amended--

(1) by inserting after `to such State in grants under section 303(a)' the following: `or Indian tribe or tribal organization under section 303(b)';

(2) by inserting after `failure of such State' the following: `or Indian tribe or tribal organization, or other entity';

(3) by inserting after `such amount to States' the following: `and Indian tribes and tribal organizations';

(4) by inserting after `which meet such requirements' the following: `proportionate to the original allocation made under subsection (a) or (b) of section 303, respectively'; and

(5) by redesignating paragraph (2) as paragraph (3) and adding after paragraph (1) the following:

`(2) If, at the end of the sixth month of any fiscal year for which sums are appropriated under section 310, the amount allotted to an entity has not been made available to such entity in grants under sections 308 and 311 because of the failure of such entity to meet the requirements for a grant or because the limitation on expenditure has been reached, then the Secretary shall reallot such amount to States and Indian tribes and tribal organizations that meet such requirements proportionate to the original allocation under subsection (a) or (b) of section 303, respectively.'

(c) Section 308(a)(2) of the Family Violence Prevention and Services Act (42 U.S.C. 10407(a)(2)) is amended by adding `on providing training and technical assistance' after `focusing', and by adding at the end the following: `The Secretary may award grants to nonprofit, nongovernmental organizations for technical assistance and training initiatives on the subjects identified in subsection (c) if such initiatives do not duplicate the work of the entities funded under subsection (c) and the total amounts awarded for such initiatives do not exceed $500,000.'

(d) Section 308(c) of the Family Violence Prevention and Services Act (42 U.S.C. 10407(c)) is amended by adding `on emerging issues in domestic violence service, prevention, or law and' after `service providers, and', by striking `domestic violence service, prevention, or law' after `following areas', and by adding after paragraph (7) the following:

`(8) Providing technical assistance and training to local domestic violence programs that provide shelter or related assistance.

`(9) Improving access to services, information, and training within Indian tribes and tribal organizations.

`(10) Responding to emerging issues in the field of domestic violence that the Secretary may identify in consultation with advocates representing local programs providing shelter or related assistance, State domestic violence coalitions, and national domestic violence organizations.

`(11) Nothing in this section shall prohibit the Secretary from making multiple grants to any nonprofit, nongovernmental entity to fulfill the purposes of this section.'.

(e) Section 309(1)(B) of the Family Violence Prevention and Services Act (42 U.S.C. 10408(1)(B)) is amended by inserting `, with whom such person is or has been in a continuing social relationship of a romantic or intimate nature,' before `or with whom'.

(f) Section 309 of such Act (42 U.S.C. 10408) is amended by adding at the end the following:

`(7) The term `Indian country' has the same meaning as is given such term by section 1151 of title 18, United States Code.'.

(g) Section 310(c) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(c)) is amended by adding after `for each fiscal year,' the following: `the lesser of $7,500,000 or'.

(h) Section 310(d) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(d)) is amended by striking `not less than' and inserting `the lesser of $22,000,000 or' and by adding at the end the following: `At such time as the appropriation under this subsection exceeds $11,000,000, the Secretary shall designate that of the amounts appropriated under this subsection up to 20 percent of such funds shall be made available in the amounts necessary to State domestic violence coalitions for the specific purpose of providing technical assistance and training and direct assistance in the following areas or other priorities that may be determined by the Secretary in consultation with State domestic violence coalitions and programs that provide shelter or related assistance:

`(1) MODEL LEADERSHIP GRANTS FOR DOMESTIC VIOLENCE INTERVENTION IN UNDERSERVED COMMUNITIES- The Secretary shall award grants of up to 3 years to not more than 10 State and tribal domestic violence coalitions and not more than 10 local domestic violence programs providing shelter or related assistance to develop model strategies to address domestic violence in underserved populations as defined in section 2003(7) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7)). Such grants shall be made to assess the needs of underserved populations in the State or Indian country; build collaborative relationships with community-based organizations serving underserved populations; and develop and implement model community intervention strategies to decrease the incidence of domestic violence in underserved populations.

`(A) ELIGIBILITY- To be eligible for a 1-year model leadership grant under this paragraph, an applicant shall demonstrate--

`(i) a plan for assessing the needs of underserved populations and identifying a specific population for development of an intervention strategy in the year of the grant; and

`(ii) inclusion of representatives from community-based organizations in underserved communities in planning, designing, and disseminating the needs assessment instruments.

`(B) ELIGIBILITY FOR CONTINUED FUNDING- To be eligible for continued funding of up to 2 additional years, an applicant shall provide--

`(i) a plan for implementing the model strategies which includes collaborative partnerships with community-based organizations within the underserved populations identified; and

`(ii) a plan for disseminating the model strategy throughout the State or Indian country, or to other States during year 3 of the grant.

`(C) PRIORITY FOR COLLABORATIVE FUNDING- In awarding grants under this section, the Secretary shall give preference to State and tribal domestic violence coalitions and local domestic violence shelters and programs that submit applications in collaboration with community-based organizations serving underserved populations. A grant may not be made under this subsection in an amount less than $100,000 for each fiscal year.

`(2) DIRECT EMERGENCY ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE-

`(A) IN GENERAL- The Secretary shall award grants to each State and tribal domestic violence coalition for the purpose of administering an emergency assistance fund for victims of domestic violence. Funds received under this paragraph may be used only to provide emergency assistance directly to victims of domestic violence who are in the process of fleeing an abusive situation. Emergency assistance shall include transportation, housing, and other expenses associated with relocation. Funds shall be requested by domestic violence shelters and programs on behalf of victims.

`(B) APPLICATION- Prior to receipt of emergency assistance funds under this paragraph, the State or tribal domestic violence coalition shall provide to the Secretary--

`(i) a detailed description of the process for receiving and reviewing applications for emergency assistance;

`(ii) a detailed description of the process for notifying domestic violence shelters and programs about the availability of emergency assistance funds;

`(iii) an application form that includes the type of assistance requested, a statement of need for the funds, a statement about the impact of the funds on the victim's ability to escape domestic violence, and other such information that would be helpful in disbursing emergency assistance funds;

`(iv) the process used to make payments to recipients; and

`(v) a statement of procedures used to protect the confidentiality of recipients.

`(C) REPORTING- The State or tribal domestic violence coalition shall file an annual report to the Secretary describing the distribution of funds to victims of domestic violence by type and amount of assistance provided. For reasons of safety and confidentiality, such report shall not contain individually identifying information.

`(3) TECHNICAL ASSISTANCE AND TRAINING FOR STATE, LOCAL, AND TRIBAL DOMESTIC VIOLENCE PROGRAMS-

`(A) IN GENERAL- The Secretary shall award grants to a State or tribal domestic violence coalition or coalitions for the purpose of providing training and technical assistance for State and tribal domestic violence coalitions and other nonprofit, nongovernmental State, local, and tribal domestic violence programs. Funds received under this section shall be used to conduct regional training and technical assistance initiatives to be developed and implemented by a nonprofit, nongovernmental State or tribal domestic violence coalition or coalitions within each of the regions administered by the Department of Health and Human Services. Funds shall be used to prioritize, plan, and implement solutions to regional problems experienced by domestic violence coalitions and programs providing shelter or related assistance within the region.

`(B) ELIGIBILITY- To be eligible for funding under this paragraph the grantee shall have the support of the majority of State and tribal domestic violence coalitions within the region and shall have its principal place of operation within the region. Nothing in this section shall prohibit domestic violence programs within Indian tribes from receiving technical assistance and training under this grant program. Grantees shall be encouraged to work in collaboration with domestic violence advocates and organizations outside of the region and with the national resource center and special issue resource centers established in this Act to provide expertise in delivering training and technical assistance within the region.

`(C) REPORTING- The grantee State or tribal domestic violence coalition or coalitions shall file an annual report to the Secretary describing the recipients and the type of technical assistance and training received.'.

(i) Section 308(e) of the Family Violence Prevention and Services Act (42 U.S.C. 10407(e)) is amended by adding at the end the following: `Within 90 days after the date of the enactment of the Violence Against Women Act of 1999, all entities receiving funds pursuant to activities under this section shall prepare and submit a report to the Secretary that evaluates the effectiveness of the use of amounts received under such grants by such grantee and containing such other information as the Secretary may prescribe. The Secretary shall publish any such reports and provide at least 90 days for notice and opportunity for public comment prior to awarding or renewing any such grants.'.

(j) Section 307(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(a)) is amended by adding at the end the following:

`(3) The Secretary shall deny any application that fails to provide documentation, including memoranda of understanding, of the specific involvement of the State or tribal domestic violence coalition and other knowledgeable individuals and interested organizations, in the development of the State or tribe's application.'.

(k) Section 303(b) of the Family Violence Prevention Services Act (42 U.S.C. 10402(b)) is amended by adding at the end the following:

`(4) From the amounts made available under paragraph (1), there shall be awarded by the Secretary not less than 5 percent of such amounts for the funding of tribal domestic violence coalitions. To be eligible for a grant under this paragraph, an entity shall be a private nonprofit coalition whose membership includes representatives from a majority of the programs for victims of domestic violence operating within the boundaries of an Indian reservation and programs whose primary purpose is serving the populations of such Indian country and whose board membership is representative of such programs. Such coalitions shall further the purposes of domestic violence intervention and prevention through activities including--

`(A) training and technical assistance for local Indian domestic violence programs and providers of direct services to encourage appropriate responses to domestic violence in Indian country;

`(B) planning and conducting needs assessments and planning for comprehensive services in Indian country;

`(C) serving as an information clearinghouse and resource center for the Indian reservation represented by the coalition receiving these funds;

`(D) collaborating with Indian, State, and Federal governmental systems which affect battered women in Indian country, including judicial and law enforcement and child protective services agencies, to encourage appropriate responses to domestic violence cases;

`(E) conducting public education and outreach activities addressing domestic violence in Indian country;

`(F) collaborating with State domestic violence coalitions in the areas described above; and

`(G) participating in planning and monitoring of the distribution of grants and grant funds to the Indian reservation and tribal organizations under paragraph (1).'

Subtitle D--Community Initiatives

SEC. 131. GRANTS FOR COMMUNITY INITIATIVES.

(a) Section 318(h) of the Family Violence Prevention and Services Act (42 U.S.C. 10418(h)) is amended to read as follows:

`(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--

`(1) $8,000,000 for fiscal year 2000;

`(2) $9,000,000 for fiscal year 2001;

`(3) $10,000,000 for fiscal year 2002;

`(4) $11,000,000 for fiscal year 2003; and

`(5) $12,000,000 for fiscal year 2004.'.

(b) Subsection (i) of section 318 of the Family Violence Prevention and Services Act (42 U.S.C. 10418) is amended by inserting the text of the subsection as a cut-in paragraph (1) with the heading `IN GENERAL- ' and by adding at the end the following:

`(2) INFORMATION- The Secretary shall annually compile and broadly disseminate (including through electronic publication) information about the use of funds and about the projects funded under this section, including any evaluations of the projects and information to enable replication and adoption of the strategies identified in the projects. Such dissemination shall target other community-based programs, including domestic violence and sexual assault programs.'.

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

SEC. 141. REAUTHORIZATION.

(a) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN STATE COURTS- (1) Section 40412 of the Equal Justice for Women in the Courts Act of 1994 (42 U.S.C. 13992) is amended--

(A) by striking `and' at the end of paragraph (18);

(B) by striking the period at the end of paragraph (19); and

(C) by inserting after paragraph (19) the following:

`(20) the issues raised by domestic violence in determining custody and visitation, including how to protect the safety of the child and of a parent who is not a predominant aggressor of domestic violence, the legitimate reasons parents may report domestic violence, the ways domestic violence may relate to an abuser's desire to seek custody, and evaluating expert testimony in custody and visitation determinations involving domestic violence;

`(21) the issues raised by child sexual assault in determining custody and visitation, including how

to protect the safety of the child, the legitimate reasons parents may report child sexual assault, and evaluating expert testimony in custody and visitation determinations involving child sexual assault, including the current scientifically-accepted and empirically valid research on child sexual assault; and

`(22) the extent to which addressing domestic violence and victim safety contributes to the efficient administration of justice.'.

(2) Section 40414(a) of the Equal Justice for Women in the Courts Act of 1994 (42 U.S.C. 13994(a)) is amended by inserting `and $1,500,000 for each of the fiscal years 2000 through 2004' after `1996'.

(b) GRANTS FOR EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN FEDERAL COURTS- (1) Section 40421(d) of the Equal Justice for Women in the Courts Act of 1994 (42 U.S.C. 14001(d)) is amended to read as follows:

`(d) MODEL PROGRAMS- The Federal Judicial Center, in carrying out section 620(b)(3) of title 28, United States Code, shall include in the educational programs it prepares, including the training programs for newly appointed judges, information on the aspects of the topics listed in section 40412 that pertain to issues within the jurisdiction of the Federal courts, and shall prepare materials necessary to implement this subsection.'.

(2) Section 40422(2) of the Equal Justice for Women in the Courts Act of 1994 (42 U.S.C. 14002(2)) is amended by inserting `and $500,000 for each of the fiscal years 2000 through 2004' after `1996'.

(c) TECHNICAL AMENDMENTS TO THE EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT OF 1994-

(1) ENSURING COLLABORATION WITH DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROGRAMS- Section 40413 of the Equal Justice for Women in the Courts Act (42 U.S.C. 13993) is amended by adding `including national, State, tribal, and local domestic violence and sexual assault programs and coalitions,' after `victim advocates'.

(2) PARTICIPATION OF TRIBAL COURTS IN STATE TRAINING AND EDUCATION PROGRAMS- Section 40411 of the Equal Justice for Women in the Courts Act (42 U.S.C. 13991) is amended by adding at the end the following: `Nothing shall preclude the attendance of tribal judges and court personnel at programs funded under this section for States to train judges and court personnel on the laws of the States.'

(3) USE OF FUNDS FOR DISSEMINATION OF MODEL PROGRAMS- Section 40414 of the Equal Justice for Women in the Courts Act (42 U.S.C. 13994) is amended by adding at the end the following:

`(c) The State Justice Institute may use up to 5 percent of the funds appropriated under this section for annually compiling and broadly disseminating (including through electronic publication) information about the use of funds and about the projects funded under this section, including any evaluations of the projects and information to enable the replication and adoption of the projects.'.

Subtitle F--Grants To Encourage Arrest Policies

SEC. 151. DEFINITIONS.

Section 2105(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-4(1)) is amended to read as follows:

`(1) the term `domestic violence' includes acts or threats of violence, not including acts of self-defense, committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim, by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against a victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.'.

SEC. 152. REAUTHORIZATION.

Section 1001(a)(19) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is amended--

(1) by striking `and' at the end of subparagraph (B);

(2) by striking the period at the end of subparagraph (C) and inserting a semicolon; and

(3) by inserting after subparagraph (C) the following:

`(D) $63,000,000 for fiscal year 2000;

`(E) $67,000,000 for fiscal year 2001;

`(F) $70,000,000 for fiscal year 2002;

`(G) $70,000,000 for fiscal year 2003; and

`(H) $70,000,000 for fiscal year 2004.'.

SEC. 153. TECHNICAL AMENDMENT.

Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended by adding at the end the following:

`(d) DISBURSEMENT- At least 5 percent of the funds appropriated under this section shall be used for grants to Indian tribal governments.'.

Subtitle G--Rural Domestic Violence and Child Abuse Enforcement

SEC. 161. REAUTHORIZATION.

Section 40295(c)(1) of the Safe Homes for Women Act of 1994 (42 U.S.C. 13971(c)(1)) is amended--

(1) by striking `and' at the end of subparagraph (B);

(2) by striking the period at the end of subparagraph (C) and inserting `; and'; and

(3) by inserting after subparagraph (C) the following:

`(D) $35,000,000 for each of the fiscal years 2000, 2001, 2002, 2003, and 2004.'.

SEC. 162. TECHNICAL AMENDMENTS.

Section 40295(c) of the Safe Homes for Women Act of 1994 (42 U.S.C. 13971(c)) is amended by adding at the end the following:

`(3) DISBURSEMENT- At least 5 percent of the funds appropriated under paragraph (1) shall be used for grants to Indian tribal governments.'.

Subtitle H--National Stalker and Domestic Violence Reduction

SEC. 171. TECHNICAL AMENDMENTS.

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

SEC. 172. REAUTHORIZATION.

Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C. 14032) is amended--

(1) by striking `and' at the end of paragraph (2);

(2) by striking the period at the end of paragraph (3) and inserting `; and'; and

(3) by inserting after paragraph (3) the following:

`(4) $3,000,000 for each of the fiscal years 2000, 2001, 2002, 2003, and 2004.'.

Subtitle I--Federal Victims' Counselors

SEC. 181. REAUTHORIZATION.

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

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

SEC. 191. REAUTHORIZATION.

Section 316(c) of the Runaway and Homeless Youth Act (42 U.S.C. 5712d(c)) is amended--

(1) by striking `and' at the end of paragraph (2);

(2) by striking the period at the end of paragraph (3) and inserting a semicolon; and

(3) by inserting after paragraph (3) the following:

`(4) $22,000,000 for each of the fiscal years 2000, 2001, 2002, 2003, and 2004.'.

SEC. 192. DISSEMINATION OF INFORMATION.

Section 316 of part A of the Runaway and Homeless Youth Act (42 U.S.C. 5712d) is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following:

`(d) The Secretary shall annually compile and broadly disseminate (including through electronic publication) information about the use of funds and about the projects funded under this subtitle, including any evaluations of the projects and information to enable replication and adoption of the strategies identified in the projects. Such dissemination shall target community-based programs, including domestic violence and sexual assault programs.'.

Subtitle K--Victims of Child Abuse Programs

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

Section 218(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended--

(1) by striking `and' at the end of paragraph (4);

(2) by striking the period at the end of paragraph (5) and inserting a semicolon; and

(3) by inserting after paragraph (5) the following:

`(6) $12,000,000 for each of the fiscal years 2001, 2002, 2003, and 2004.'

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

Section 224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13024(a)) is amended--

(1) by striking `and' at the end of paragraph (4);

(2) by striking the period at the end of paragraph (5) and inserting a semicolon; and

(3) by inserting after paragraph (5) the following:

`(6) $2,300,000 for each of the fiscal years 2001, 2002, 2003, and 2004.'.

SEC. 195. REAUTHORIZATION OF GRANTS FOR TELEVISED TESTIMONY.

Section 1001(a)(7) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(7)) is amended--

(1) by striking `and' at the end of subparagraph (D);

(2) by striking the period at the end of subparagraph (E) and inserting a semicolon; and

(3) by inserting after subparagraph (E) the following:

`(F) $1,000,000 for each of the fiscal years 2001, 2002, 2003, and 2004.'.

SEC. 196. DISSEMINATION OF INFORMATION.

Section 40156 of the Violence Against Women Act of 1994 is amended by inserting at the end the following:

`(d) The Attorney General shall annually compile and broadly disseminate (including through electronic publication) information about the use of funds and about the projects funded under this section, including any evaluations of the projects and information to enable replication and adoption of the strategies identified in the projects. Such dissemination shall target community-based programs, including domestic violence and sexual assault programs.'.

TITLE II--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

SEC. 201. FINDINGS.

Congress finds as follows:

(1) Witnessing domestic violence has a devastating impact on children, placing them at high risk for anxiety, depression, and, potentially, suicide. These children may exhibit more aggressive, antisocial, fearful, and inhibited behaviors.

(2) Children exposed to domestic violence often have problems in school.

(3) Domestic violence is strongly correlated with child abuse. Studies have found that between 50 and 70 percent of men who abuse their female partners also abuse their children.

(4) Boys who witness parental abuse during their childhood are at a higher risk of being physically aggressive in dating and marital relationships.

(5) Girls are 3 times as likely as boys to be victims of sexual abuse.

(6) Children often fail to report child sexual abuse because of the fear that disclosure will bring worse consequences than being victimized again, including consequences from the family, feeling guilty for consequences to the perpetrator, and fear of subsequent retaliation from the perpetrator. Victims may also feel that the abuse is their fault.

(7) Women are at an increased risk of harm after separation from an abusive partner. Separated women are 3 times more likely than divorced women and 25 times more likely than married women to be victims of violence at the hands of an intimate partner.

(8) Children are also at increased risk of harm during separation. In one study, 34 percent of women in shelters and callers to hotlines reported threats of kidnapping, 11 percent reported that the batterer had kidnapped the child for some period, and 21 percent reported that threats of kidnapping forced the victim to return to the batterer.

(9) According to a 1996 report by the American Psychological Association, which Congress views as authoritative on matters of domestic violence and child custody and visitation determinations, custody and visitation disputes are more frequent when there is a history of domestic violence. Further, fathers who batter mothers are twice as likely to seek sole custody of their children and they may misuse the legal system as a forum for continuing abuse through harassing and retaliatory legal actions.

(10) The need for supervised visitation centers far exceeds the number of available programs, resulting in courts ordering unsupervised visitation and endangering parents and children or cutting off visitation altogether.

(11) One-third of high school and college age students experience violence with an intimate partner.

(12) A 1992 study concluded that being abused or neglected in childhood increases the likelihood of arrest for girls and women by 77 percent.

(13) Although courts should diligently protect the interests of both parents in frequent and continuing contact with their children, in the case where one parent has committed domestic violence against the other parent, protection of the other parent and the children is a vital consideration that should take precedence.

(14) Every State has legislation or judicial decisions that base its custody determinations on what is in the best interests of the child and the vast majority of States include considerations of domestic violence as a factor in determining the best interests of the child.

(15) The National Council of Juvenile and Family Court Judges includes the option of supervised visitation centers in their Model Code on Domestic and Family Violence.

(16) Despite the perception that mothers always win custody cases, studies show that fathers who contest custody win sole or joint custody in 40 to 70 percent of cases.

(17) According to the American Psychological Association, there is no reliable empirical data to support the so-called phenomenon of `parental alienation syndrome,' although courts and custody evaluators frequently use such terms to discount children's reasonable fear and anger toward a violent parent. This `syndrome' and similar ones are used almost exclusively against women.

(18) The documented rate of any child abuse allegations in custody cases is approximately 2 percent, and there is no evidence that false accusations are more common in the context of custody litigation.

(19) Congress never intended that the Parental Kidnapping Prevention Act be used to prohibit an abused or protective parent from protecting themselves or their child by relocation to a place of safety.

(20) When domestic violence is or has been present in the relationship, shared parenting arrangements, couples counseling, or mediation arrangements may increase the danger to children and to the nonviolent parent.

Subtitle A--Safe Havens for Children

SEC. 211. PURPOSES.

The purposes of section 212 are--

(1) to provide secure locations for visitation and visitation exchange;

(2) to protect children from the trauma of witnessing domestic violence or experiencing abduction, injury, or death during parent and child visitation and visitation exchanges;

(3) to protect victims of domestic violence from experiencing further violence, abuse, and threats during child visitation and visitation exchanges;

(4) to protect children from the trauma of experiencing sexual assault or other forms of physical assault and abuse during parent and child visitation and visitation exchanges; and

(5) to provide an ongoing safe haven for parents and children during visitation and visitation exchanges to promote continuity and stability.

SEC. 212. GRANTS TO PROVIDE FOR SUPERVISED VISITATION CENTERS.

(a) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS- The Attorney General is authorized to award grants, contracts, and cooperative agreements to public or private nonprofit nongovernmental entities, including tribal organizations and nonprofit organizations operating within the boundaries of an Indian reservation whose governing body reflects the populations served, to assist such entities in establishing and operating supervised visitation centers for the purposes of facilitating supervised visitation and visitation exchange. At least 50 percent of all funds appropriated under subsection (e) shall be for contracts and cooperative agreements with private nonprofit, nongovernmental entities, including entities receiving court referrals.

(b) CONSIDERATIONS- In awarding such grants, contracts, and cooperative agreements under paragraph (1), the Attorney General shall take into account--

(1) the number of families to be served by the proposed visitation center to be established under the grant, contract, or agreement;

(2) the extent to which supervised visitation centers serve underserved populations as that term is defined in section 2003(7) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7)), as defined in section 651(c);

(3) the extent to which the applicant demonstrates cooperation and collaboration with nonprofit, nongovernmental entities in the local community served, including the State and tribal domestic violence and sexual assault coalitions, tribal organizations, rape crisis centers, local shelters, and programs for domestic violence victims, including programs providing legal assistance to domestic violence victims and sexual assault victims;

(4) the extent to which the applicant demonstrates coordination and collaboration with appropriate court systems, including State, local, and, in the case of Indian country, tribal and Federal court systems, and mechanisms for communication and referral; and

(5) the extent to which the applicant demonstrates implementation of domestic violence and sexual assault training for all employees.

(c) USE OF FUNDS-

(1) IN GENERAL- Amounts provided under a grant, contract, or cooperative agreement awarded under subsection (a) shall be used to establish supervised visitation centers and for the purposes described in section 211. In using such amounts, grantees and persons awarded a contract or cooperative agreement shall target the economically disadvantaged and those individuals who could not otherwise afford such visitation services. Individuals shall be permitted to use the services provided by the center on a sliding fee basis. For purposes of determining qualification for sliding scale fees, only the individual income will be considered and no spousal or household income will be counted.

(2) REGULATIONS AND APPLICANT REQUIREMENTS- The Attorney General shall award grants, contracts, and cooperative agreements under subsection (a) in accordance with such regulations as the Attorney General may promulgate. The regulations shall establish a multi-year grant process. The Attorney General shall give priority in awarding grants, contracts, and cooperative agreements under this title to entities in States and Indian country that consider domestic violence in making a custody decision. An applicant awarded such a grant, contract, or cooperative agreement shall--

(A) for applicants for a purpose described in paragraph (1) or (2) of section 211--

(i) demonstrate recognized expertise in the area of domestic violence, including addressing the impact of domestic violence on children, and a record of high quality service to victims of domestic violence; and

(ii) demonstrate through a memorandum of understanding collaboration with and support of the State or tribal domestic violence coalition and local or tribal domestic violence shelter or program in the locality in which the supervised visitation center will be operated;

(B) for applicants for a purpose described in paragraph (3) of section 211--

(i) demonstrate recognized expertise in the area of child sexual assault and abuse and a record of high quality service to victims of sexual assault; and

(ii) demonstrate through a memorandum of understanding collaboration with and support of the State or tribal sexual assault coalition and local or tribal rape crisis center or sexual assault program in the locality where the supervised visitation center will be operated;

(C) provide supervised visitation and visitation exchange services over the duration of a court order to promote continuity and stability;

(D) demonstrate that adequate security measures, including adequate facilities, procedures and personnel capable of preventing violence, are in place for the operation of supervised visitation; and

(E) describe in detail the standards by which the supervised visitation center will operate.

(d) REPORTING- Not later than 60 days after the end of each fiscal year, the Attorney General shall report to Congress, categorized by State or tribe, information concerning--

(1) the number of individuals including number of parents and children served and the number of individuals turned away from services, the number of individuals from underserved populations (as such term is defined in section 2003(7) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2(7)), as defined in section 651(c)), served and turned away from services, and the type of presenting problems that underlie the need for supervised visitation or visitation exchange, such as domestic violence, child sexual abuse, emotional abuse or other physical abuse of children, or a combination of such factors;

(2) the numbers of supervised visitations or visitation exchanges ordered during custody determinations under a separation or divorce decree, under a protection order, through child protection services, through other social services agencies or by any other order of a civil, criminal, juvenile, family, or tribal court;

(3) the process by which children or abused partners are protected during visitations, temporary custody transfers and other activities for which the supervised visitation centers are created;

(4) safety and security problems occurring during the reporting period during supervised visitations or at visitation centers, including the number of parental abductions;

(5) the number of parental abduction cases in a judicial district using supervised visitation services, both as identified in criminal prosecution and custody violations;

(6) program standards across the country that are in place for operating a supervised visitation center; and

(7) any other appropriate information designated in regulations promulgated by the Attorney General.

(e) AUTHORIZATION OF APPROPRIATIONS-

(1) IN GENERAL- For the purpose of awarding grants, contracts, and cooperative agreements under this section, there are authorized to be appropriated $75,000,000 for fiscal year 2000, $85,000,000 for fiscal year 2001, $95,000,000 for fiscal year 2002, $105,000,000 for fiscal year 2003, and $115,000,000 for fiscal year 2004.

(2) DISTRIBUTION- Of the amounts appropriated under paragraph (1) for each fiscal year, not less than 95 percent shall be used to award grants, contracts, or cooperative agreements. At least 5 percent of the funds appropriated under paragraph (1) shall be used for grants to tribal organizations.

Subtitle B--Violence Against Women Prevention in Schools

SEC. 221. GRANTS FOR VIOLENCE AGAINST WOMEN PREVENTION IN SCHOOLS.

(a) PURPOSES- The purposes of grants under this section are--

(1) to reduce the impact of domestic violence, sexual assault, and stalking in the lives of young women and children;

(2) to develop, modify, and implement State, local, or tribal school system policies for school personnel at elementary, middle, and secondary schools on domestic violence, sexual assault, and stalking;

(3) to develop, modify, and implement State, local, or tribal school system policies regarding identification and referral procedures for students who are witnessing or experiencing domestic violence, sexual assault, or stalking in their lives; and

(4) to help prevent students from becoming victims or perpetrators of domestic violence, sexual assault, or stalking through State, local, or tribal programs and prevention strategies targeting students at elementary, middle, and secondary schools.

(b) GRANTS AUTHORIZED- The Secretary of Education, in consultation with the Secretary of Health and Human Services, shall provide grants to State, local, or tribal school systems to develop, modify, and implement State, local, or tribal school system policies and programs for elementary schools, middle schools, and secondary schools which address domestic violence, sexual assault, and stalking.

(c) ELIGIBILITY- To be eligible for a grant under subsection (b), a State, local, or tribal school system shall collaborate with domestic violence or sexual assault experts from State, local, or tribal domestic violence and sexual assault programs.

(d) APPLICATIONS- A State, local, or tribal school system that desires to receive a grant under subsection (b) shall submit to the Secretary of Education an application, in such form and manner as the Secretary of Education shall prescribe, that--

(1) demonstrates that the educational program is comprehensive, engaging, and appropriate to the target areas, is culturally diverse, addresses the needs of underserved communities, has the potential to change attitudes and behaviors, is developed based on research and experience in the areas of youth education, domestic violence, sexual assault, and stalking, collects data on changes in participants' attitudes or behavior, is implemented in collaboration with domestic violence and sexual assault experts, and includes an evaluation component;

(2) demonstrates that the proposed policy development process includes consultation and collaboration with experts on violence against women and girls, such as domestic violence shelters, domestic violence programs, State and tribal domestic violence coalitions, State and tribal sexual assault coalitions, and rape crisis centers; and

(3) contains such other information, agreements, and assurances as the Secretary of Education may require.

(e) USE OF FUNDS-

(1) IN GENERAL- A State, local, or tribal school system that receives a grant under subsection (b) may use the grant funds--

(A) to develop and implement educational programs or prevention strategies for students and personnel in elementary schools, middle schools, and secondary schools addressing domestic violence, sexual assault, and stalking;

(B) to develop and implement policies to identify students who may be experiencing or witnessing domestic violence, sexual assault, or stalking in their lives and to develop and implement policies on reporting and referral procedures for these students;

(C) to develop and implement policies to identify students at risk of becoming victims or perpetrators of domestic violence, sexual assault, or stalking;

(D) to modify the program materials of the model programs created under section 317 of the Family Violence Prevention and Services Act (42 U.S.C. 10417), if appropriate, in order to make the materials applicable to a particular age group; and

(E) to purchase the materials described in subparagraph (D).

(2) CONFIDENTIALITY- Policies and programs developed and implemented under paragraph (1) shall address issues of victim safety and confidentiality that are consistent with applicable State and Federal laws.

(3) OTHER USES OF FUNDS-

(A) GUIDANCE- The Secretary of Education shall disseminate any existing Department of Education policy guidance regarding preventing domestic violence, sexual assault, or stalking.

(B) STUDY AND REPORT- The Secretary of Education shall study existing policies and programs as well as new policies and programs funded by this section and report to Congress recommendations for implementation of successful policies for referring students to services when they may be witnessing or experiencing domestic violence, sexual assault, or stalking. In publishing the report, the Secretary shall ensure the safety and confidentiality of all information concerning the identification of students.

(4) LIMITATION-

(A) ADMINISTRATIVE EXPENSES- A school system that receives a grant under subsection (b) for a fiscal year shall use not more

than 5 percent of the grant funds for administrative expenses.

(B) A school system that receives a grant to fulfill a purpose described in subparagraph (A), (D), or (E) of paragraph (1) shall first have in place and include in its application the school policies by which such programs and prevention strategies will be implemented.

(f) PUBLICATION- The Secretary of Education shall publish the availability of grants under subsection (b) through announcement in professional publications for State, local, or tribal school systems described in subsection (a)(2) and through notice in the Federal Register.

(g) TERM- A grant under subsection (b) may be awarded for a period of not more than 3 fiscal years.

(h) EQUITABLE DISTRIBUTION- In awarding grants under subsection (b), the Secretary of Education shall ensure an equitable geographic distribution to State, local, and tribal school systems throughout the United States.

(i) REQUIREMENTS- In carrying out an educational program under a grant under subsection (b), a State, local, or tribal school system shall--

(1) consult and collaborate with experts on violence against women and girls, such as domestic violence shelters, domestic violence programs, State and tribal domestic violence coalitions, State and tribal sexual assault coalitions, and rape crisis centers;

(2) develop the program, or acquire model program materials if available;

(3) carry out the program with a school's involvement; and

(4) report the results of the program to the Secretary of Education in a format provided by the Secretary.

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

(k) AUTHORIZATION OF APPROPRIATIONS-

(1) IN GENERAL- There are authorized to be appropriated to carry out this section--

(A) $2,750,000 for fiscal year 2000;

(B) $3,000,000 for fiscal year 2001;

(C) $3,000,000 for fiscal year 2002;

(D) $3,000,000 for fiscal year 2003; and

(E) $3,000,000 for fiscal year 2004.

(2) AVAILABILITY- Amounts appropriated under paragraph (1) shall remain available until the earlier of--

(A) the date on which those amounts are expended; or

(B) December 31, 2004.

Subtitle C--Family Safety

SEC. 231. SHORT TITLE.

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

SEC. 232. FINDINGS AND PURPOSES.

(a) FINDINGS- Section 7(a) of the Parental Kidnaping Prevention Act of 1980 (94 Stat. 3568; 28 U.S.C. 1738A note) is amended--

(1) by striking `and' at the end of paragraph (3);

(2) by striking the period at the end of paragraph (4) and inserting a semicolon; and

(3) by inserting after paragraph (4) the following:

`(5) existing Federal and State laws are inadequate to protect parents from domestic violence and to protect children from sexual assault and may punish them when they seek to protect themselves; and

`(6) failures of State judicial and child protection systems may result in the inappropriate placement of children in the custody of abusive parents or punishment of nonabusing parents who attempt to protect themselves or their children.'.

(b) CONCLUSION- Section 7(b) of such Act is amended by inserting `to establish standards to prevent children from being returned to abusive parents,' after `with such disputes,'.

(c) PURPOSES- Section 7(c) of such Act is amended--

(1) by redesignating paragraphs (3) through (6) as paragraphs (5) through (8), respectively;

(2) by inserting after paragraph (2) the following:

`(3) promote cooperation between State and tribal courts to protect parents and children from an incident or pattern of domestic violence or sexual assault;

`(4) promote realistic and protective standards for interstate relocation when parents dispute custody, particularly in cases where there is domestic violence or sexual assault;';

(3) in paragraph (7) (as so redesignated), by inserting before the semicolon at the end the following: `, consistent with not endangering or inappropriately punishing parents who are victims of domestic violence or children who are victims of sexual assault'; and

(4) in paragraph (8) (as so redesignated), by inserting before the period at the end the following: `or to abuse the child or exert coercive control over the other parent, except when the removal is justifiable in an attempt to protect the parent or any child in the parent's care'.

SEC. 233. DEFENSE TO CRIMINAL CUSTODIAL INTERFERENCE OR PARENTAL ABDUCTION CHARGE.

Section 1073 of title 18, United States Code, is amended by striking `Whoever moves' and inserting `(a) Whoever moves' and by adding at the end the following:

`(b) For any charge of parental abduction, of custodial interference, or of felony criminal contempt of court related to an underlying child custody or visitation determination, that would otherwise provide a basis for prosecution under this section, it shall be a defense to such prosecution that the individual against whom this section is invoked--

`(1) acted pursuant to the provisions of a court order valid when and where issued--

`(A) which granted the defendant legal custody or visitation rights;

`(B) which was obtained in compliance with section 1738A of title 28;

`(C) which is not inconsistent with such section or with the Uniform Child Custody Jurisdiction Enforcement Act as promulgated by the Uniform Law Commissioners; and

`(D) which was in effect at the time the defendant left the State;

`(2) was fleeing an incident or pattern of domestic violence or sexual assault of the child; or

`(3) would otherwise have a defense under the terms of section 1204.

`(c) The Attorney General shall issue guidance to assist the United States Attorneys and the Federal Bureau of Investigation in determining when to decline to initiate or to terminate an investigation or prosecution under subsection (b) due to the potential availability of any defense.'.

SEC. 234. FULL FAITH AND CREDIT GIVEN TO CHILD CUSTODY DETERMINATIONS.

(a) SECTION INTENT- Section 1738A(a) of title 28, United States Code, is amended by adding before the period the following: `, except that no State shall be required to enforce any order obtained in a proceeding which would violate the constitution of the enforcing State if the proceeding were conducted in the enforcing State. This section is intended to preempt any inconsistent State law and to apply to every proceeding in the United States or its territories that is not governed by inconsistent aspects of any treaty to which the United States is a signatory or has ratified that involves custody and visitation concerning a minor child. Any provision of a protection order regarding the custody and visitation of a minor child, whether consensual or not, otherwise consistent with section 2265 of title 18 and with this section shall be given full faith and credit by the courts of any State where the party who sought the order seeks enforcement'.

(b) DEFINITIONS- Section 1738A(b) of such title is amended--

(1) by amending paragraph (2) to read as follows:

`(2) `child-custody proceeding' means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear;';

(2) in paragraph (3)--

(A) by striking `custody determination' and inserting `custody or visitation determination';

(B) by inserting `obtained in the context of a child-custody proceeding and' after `court'; and

(C) by striking `custody of a child' and inserting `legal custody, physical custody, or visitation with respect to a child';

(3) in paragraph (6), by inserting `or has had physical custody for a period of 6 consecutive months, including any temporary absence, within one year immediately before the commencement of a child-custody proceeding' after `of a child';

(4) in paragraph (7), by striking `actual possession and control' and inserting `the physical care and supervision';

(5) by striking paragraph (9) and inserting the following:

`(9) `domestic violence' includes acts or threats of violence, not including acts of self defense, committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim, by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against a victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction;

`(10) `sexual assault' means any conduct proscribed by chapter 109A of title 18, United States Code, whether or not the conduct occurs in the special maritime and territorial jurisdiction of the United States or in a Federal prison and includes both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known to the victim or related by blood or marriage to the victim;

`(11) `predominant aggressor' means the individual who has been determined to be the principal perpetrator of violence, by factors including--

`(A) history of domestic violence;

`(B) relative severity of the injuries inflicted on each person;

`(C) the likelihood of future injury to each person;

`(D) whether one of the persons acted in self-defense; and

`(E) the degree to which one of the persons has acted with more deliberate intent to control, isolate, intimidate, emotionally demean, or cause severe pain or injury, or fear of harm to the other or a third person'; and

`(12) `stalking' means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear death, sexual assault, or bodily injury to such person or a member of such person's immediate family, when the person engaging in such conduct has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death, sexual assault, or bodily injury to such person or a member of such person's immediate family and when the conduct induces fear in the specific person of death, sexual assault, or bodily injury to such person or a member of such person's immediate family.'.

(c) JURISDICTION REQUIREMENTS- (1) Section 1738A(c)(2)(A)(ii) of such title is amended by striking `because of his removal or retention by a contestant or for other reasons, and a contestant' and inserting `but a parent or person acting as a parent'.

(2) Section 1738A(c)(2)(B)(ii)(I) of such title is amended by striking `contestant,' and inserting `parent or a person acting as a parent,'.

(d) CONDITION FOR CUSTODY DETERMINATION- Section 1738A(c)(2)(C) of such title is amended--

(1) by striking `he' and inserting `the child, or a sibling or parent of the child,'; and

(2) by inserting `, including acts of domestic violence or stalking by the other parent' after `abuse'.

(e) CONTINUING JURISDICTION- Section 1738A(d) of such title is amended by striking `or of any contestant' and inserting `, a parent, or a person acting as a parent, except that after 2 years have passed while a child is living in another State after relocation due to domestic violence, stalking, or sexual assault of the child, the court of the original State shall decline jurisdiction if the courts of the new State would have personal jurisdiction over the other parent under that State's law'.

(f) NOTICE- Section 1738A(e) of such title is amended by striking `the contestants,' and inserting `all persons entitled to notice under the law of the State as in child custody proceedings between residents of the State,'.

(g) MODIFICATIONS- Section 1738A(f)(1) of such title is amended by inserting `or visitation' after `custody'.

(h) CHILD CUSTODY DETERMINATIONS- Section 1738A of such title is amended by striking subsection (h) and by adding at the end the following:

`(h) A court may decline to exercise jurisdiction on behalf of a parent who has engaged in domestic violence as a predominant aggressor, stalking, child sexual assault, or child sexual abuse, if a court of another State has emergency jurisdiction under subsection (c)(2)(C)(ii). A court may decline to exercise jurisdiction on behalf of a parent who has wrongfully taken the child from a State without justification, or engaged in similar unjustifiable conduct, unless no other State would have jurisdiction under any provision of subsection (c). For the purposes of this subsection, justification includes removing the child to another State in an effort to seek safety for the child, or a sibling or parent of the child, from domestic violence or sexual assault.'.

Subtitle D--Domestic Violence and Children

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

It is the sense of Congress that--

(1) for purposes of determining child custody, it is in the best interest of children to have a presumption that children shall have their main physical residence with their primary caretaker parent unless that parent is unfit;

(2) for purposes of determini