S 1069 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.
TITLE I--DOMESTIC VIOLENCE PREVENTION
Subtitle A--Housing for Victims of Domestic Violence and Sexual Assault
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. 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. 1029. Effective date.
Subtitle D--Access to Safety and Advocacy
Sec. 1034. Grant program.
Sec. 1035. Provision of technical assistance and training.
Subtitle E--Battered Women's Shelters and Services
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. 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. 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
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. 2024. Prohibited discriminatory acts.
Sec. 2026. Attorney's fees.
Subtitle C--Workplace Violence Against Women Prevention Tax Credit
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. 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
(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.
(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
(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.
(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.
(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.
(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--
(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.';
(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.
(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.
(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.
(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.
(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--
(B) shelter or safe homes;
(C) transitional housing;
(D) task forces or coordinating councils;
(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.
(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;
(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--
(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
(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:
`(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.';
(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)';
(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.
`(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.
`(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.
`(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)--
(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.
(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--
(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--
(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:
`(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.
(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.
(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.
`(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'.
(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.
`(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';
(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.'.
END