(ii) Screening for domestic violence
and sexual assault and assessing danger to
the child and adult victims.
(iii) Applicable Federal, State, and
local laws pertaining to domestic violence
and sexual assault.
(iv) 
Appropriate 
interventions 
for
child and adult victims that protect the
safety of both and give appropriate consid-
eration to preserving those family members
not responsible for the abuse.
(v) Appropriate supervision of staff
working with families where there has been
domestic violence, including issues regard-
ing worker safety.
(vi) Protecting the confidentiality of
the child and adult victims.
(B) Community-based networks of services
and supports that respond effectively to the
comprehensive needs of child and adult victims
of domestic violence and sexual assault and in-
clude at least the following:
(i) Appropriate referrals to commu-
nity-based domestic violence and sexual as-
sault programs and rape crisis centers.
(ii) Emergency shelter and transi-
tional housing for abused parents and their
children.
(iii) Legal assistance and advocacy for
victims, including, when appropriate, as-
sistance in obtaining and entering orders
of protection.
(iv) Support and training to assist
parents to help their children cope with the
impact of domestic violence and sexual as-
sault.
(v) Programs to help children who
have witnessed domestic violence.
(vi) Health, mental health, and other
necessary supportive services.
(vii) Assistance to obtain necessary
economic supports; and
(3) identifies the agencies that will be respon-
sible for carrying out the initiative and includes doc-
umentation from community-based domestic violence
and sexual assault programs and rape crisis centers
that they have been involved in the development of
the application and describes their ongoing involve-
ment in the development of the training and modi-
fication of policies, procedures, programs, and prac-
tices, including their potential roles as subcontrac-
tors.
(e) PRIORITY.—In awarding grants under this part,
the Attorney General and the Secretary of Health and
Human Services shall give priority to applicants that al-
ready have demonstrated a commitment to educate staff
of child welfare service agencies and domestic violence pro-
grams about the impact of domestic violence on children,
the special risks of child abuse and neglect, and appro-
priate services and interventions for protecting both the
child and adult victims of domestic violence and sexual as-
sault.
(f) EVALUATION, REPORTING, 
AND
DISSEMINA-
TION.—Each grantee receiving funds under this program
shall submit annually a report to the Attorney General
and the Secretary of Health and Human Services evaluat-
ing the effectiveness of activities developed with the funds
provided under this program and containing such addi-
tional information as the Attorney General and the Sec-
retary shall require. In addition, the Attorney General and
the Secretary shall within 6 months of the conclusion of
these 3-year grants distribute to all State child welfare
agencies, State domestic violence and sexual assault coali-
tions, and to the Congress summaries of the activities im-
plemented by these grantees, and related initiatives under-
taken by the Departments of Justice and Health and
Human Services to promote attention by child welfare
staff and staff of domestic violence and sexual assault
agencies to domestic violence and sexual assault and its
impact on its child and adult victims.
(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this grant
program: $3,000,000 for fiscal year 1999, $4,000,000 for
fiscal year 2000, $5,000,000 for fiscal year 2001,
$5,000,000 for fiscal year 2002, and $5,000,000 for fiscal
year 2003. Each eligible grantee shall receive an amount
to be determined by the Attorney General and the Sec-
retary, but not less than $250,000 a year.
Subtitle F—Child Abuse
Accountability
SEC. 261. SHORT TITLE.
This subtitle may be cited as the ‘‘Child Abuse Ac-
countability Act’’.
SEC. 262. AMENDMENTS TO TITLE I OF THE EMPLOYEE RE-
TIREMENT INCOME SECURITY ACT OF 1974.
(a) CREATION OR ASSIGNMENT OF RIGHTS TO BENE-
FITS UNDER QUALIFIED CHILD ABUSE ORDERS.—Sec-
tion 206(d)(3)(A) of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1056(d)(3)(A)) is amend-
ed—
(1) by inserting ‘‘or a child abuse order’’ after
‘‘a domestic relations order’’;
(2) by inserting ‘‘or a qualified child abuse
order’’ after ‘‘a qualified domestic relations order’’;
and
(3) by inserting ‘‘or any qualified child abuse
order’’ after ‘‘any qualified domestic relations
order’’.
(b) QUALIFIED CHILD ABUSE ORDERS.—Section
206(d)(3)(B) of such Act (29 U.S.C. 1056(d)(3)(B)) is
amended—
(1) in clause (i), by striking ‘‘the term’’ and in-
serting ‘‘The term’’, and by striking ‘‘, and’’ at the
end and inserting a period;
(2) in clause (ii), by striking ‘‘the term’’ and in-
serting ‘‘The term’’; and
(3) by adding at the end the following new
clauses:
‘‘(iii) The term ‘qualified child abuse order’
means a child abuse order—
‘‘(I) which creates or recognizes the
existence of an alternate payee’s right to,
or assigns to an alternate payee the right
to, receive all or a portion of the benefits
payable with respect to a participant under
a plan, and
‘‘(II) with respect to which the re-
quirements of subparagraphs (C) and (D)
are met.
‘‘(iv) The term ‘child abuse order’ means
any court order or other similar process for the
enforcement of a judgment rendered against a
participant or beneficiary under a plan for
physically, sexually, or emotionally abusing a
child. For purposes of this clause—
‘‘(I) The term ‘judgment rendered for
physically, sexually, or emotionally abusing
a child’ means any legal claim perfected
through a final enforceable judgment,
which claim is based in whole or in part
upon the physical, sexual, or emotional
abuse of a child, whether or not that abuse
is accompanied by other actionable wrong-
doing, such as sexual exploitation or gross
negligence.
‘‘(II) The term ‘child’ means an indi-
vidual under 18 years of age.’’.
(c) 
EXEMPTION
FROM
PREEMPTION.—Section
514(b)(7) of such Act (29 U.S.C. 1144(b)(7)) is amended
by inserting ‘‘or qualified child abuse orders (within the
meaning of section 206(d)(3)(B)(iii))’’ before the period.
(d) CONFORMING AMENDMENTS.—Section 206(d)(3)
of such Act (29 U.S.C. 1056(d)(3)) is amended—
(1) in subparagraph (C), by inserting ‘‘or child
abuse order’’ after ‘‘A domestic relations order’’;
(2) in subparagraph (D), by inserting ‘‘or child
abuse order’’ after ‘‘A domestic relations order’’;
(3) in subparagraph (E)(i), by inserting ‘‘or
child abuse order’’ after ‘‘A domestic relations
order’’;
(4) in subparagraph (G)(i), by inserting ‘‘or
child abuse order’’ after ‘‘any domestic relations
order’’, by striking ‘‘domestic relations orders’’ in
subclause (I) and inserting ‘‘such an order’’, and by
inserting ‘‘or a qualified child abuse order’’ in sub-
clause (II) after ‘‘a qualified domestic relations
order’’;
(5) in subparagraph (G)(ii), by inserting ‘‘and
child abuse orders’’ after ‘‘domestic relations or-
ders’’, and by inserting ‘‘or child abuse order’’ after
‘‘domestic relations order’’ each place it appears in
subclauses (II) and (III);
(6) in subparagraph (H)(i), by inserting ‘‘or
whether a child abuse order is a qualified child
abuse order’’ after ‘‘whether a domestic relations
order is a qualified domestic relations order’’, and by
inserting ‘‘or a qualified child abuse order’’ after ‘‘to
be a qualified domestic relations order’’;
(7) in subparagraph (H)(ii), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’;
(8) in subparagraph (H)(iii), by inserting ‘‘(in
the case of a domestic relations order) or a qualified
child abuse order (in the case of a child abuse
order)’’ after ‘‘a qualified domestic relations order’’
each place it appears in subclauses (I) and (II);
(9) in subparagraph (H)(iv), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’;
(10) in subparagraph (H)(v), by inserting ‘‘or
child abuse order’’ after ‘‘the domestic relations
order’’;
(11) in subparagraph (I)(i), by inserting ‘‘or
child abuse order’’ after ‘‘a domestic relations
order’’, and by inserting ‘‘or qualified child abuse
order, respectively’’ after ‘‘a qualified domestic rela-
tions order’’;
(12) in subparagraph (J), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’;
(13) in subparagraph (K), by inserting ‘‘or
child abuse order’’ after ‘‘a domestic relations
order’’; and
(14) in subparagraph (M), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’.
SEC. 263. AMENDMENTS TO THE INTERNAL REVENUE CODE
OF 1986.
(a) CREATION OR ASSIGNMENT OF RIGHTS TO BENE-
FITS UNDER QUALIFIED CHILD ABUSE ORDERS.—Sub-
paragraph (B) of section 401(a)(13) of the Internal Reve-
nue Code of 1986 (relating to assignment of benefits) is
amended—
(1) by inserting ‘‘OR CHILD ABUSE ORDERS’’
after ‘‘DOMESTIC RELATIONS ORDERS’’ in the head-
ing;
(2) by inserting ‘‘or a child abuse order’’ after
‘‘a domestic relations order’’; and
(3) by inserting ‘‘or a qualified child abuse
order’’ after ‘‘a qualified domestic relations order’’.
(b) QUALIFIED CHILD ABUSE ORDERS.—Section
414(p) of such Code (defining qualified domestic relations
order) is amended—
(1) in the heading, by inserting ‘‘AND QUALI-
FIED CHILD ABUSE ORDER’’ after ‘‘ORDER’’; and
(2) in paragraph (1), by adding at the end the
following new subparagraphs:
‘‘(C) QUALIFIED CHILD ABUSE ORDER.—
The term ‘qualified child abuse order’ means a
child abuse order—
‘‘(i) which creates or recognizes the
existence of an alternate payee’s right to,
or assigns to an alternate payee the right
to, receive all or a portion of the benefits
payable with respect to a participant under
a plan, and
‘‘(ii) with respect to which the re-
quirements of paragraphs (2) and (3) are
met.
‘‘(D) CHILD ABUSE ORDER.—
‘‘(i) IN
GENERAL.—The term ‘child
abuse order’ means any court order or
other similar process for the enforcement
of a judgment rendered against a partici-
pant or beneficiary under a plan for phys-
ically, sexually, or emotionally abusing a
child.
‘‘(ii) DEFINITIONS.—For purposes of
this subparagraph—
‘‘(I) The term ‘judgment ren-
dered for physically, sexually, or emo-
tionally abusing a child’ means any
legal claim perfected through a final
enforceable judgment, which claim is
based in whole or in part upon the
physical, sexual, or emotional abuse of
a child, whether or not that abuse is
accompanied 
by 
other 
actionable
wrongdoing, such as sexual exploi-
tation or gross negligence.
‘‘(II) The term ‘child’ means an
individual under 18 years of age.’’.
(c) CONFORMING AMENDMENTS.—Subsection (p) of
section 414 of such Code is amended—
(1) in paragraph (2), by inserting ‘‘or child
abuse order’’ after ‘‘A domestic relations order’’;
(2) in paragraph (3), by inserting ‘‘or child
abuse order’’ after ‘‘A domestic relations order’’;
(3) in paragraph (4)(A), by inserting ‘‘or child
abuse order’’ after ‘‘a domestic relations order’’;
(4) in paragraph (6)(A), by inserting ‘‘or child
abuse order’’ after ‘‘any domestic relations order’’,
by striking ‘‘domestic relations orders’’ in clause (i)
and inserting ‘‘such an order’’, and by inserting ‘‘or
a qualified child abuse order’’ in clause (ii) after ‘‘a
qualified domestic relations order’’;
(5) in paragraph (6)(B), by inserting ‘‘and
child abuse orders’’ after ‘‘domestic relations or-
ders’’;
(6) in paragraph (7)(A), by inserting ‘‘or
whether a child abuse order is a qualified child
abuse order’’ after ‘‘whether a domestic relations
order is a qualified domestic relations order’’, and by
inserting ‘‘or a qualified child abuse order’’ after ‘‘to
be a qualified domestic relations order’’;
(7) in paragraph (7)(B), by inserting ‘‘OR
QUALIFIED CHILD ABUSE ORDER’’ in the heading
after ‘‘QUALIFIED
DOMESTIC
RELATIONS
ORDER’’,
and by inserting ‘‘or a qualified child abuse order’’
after ‘‘a qualified domestic relations order’’;
(8) in paragraph (7)(C), by inserting ‘‘(in the
case of a domestic relations order) or a qualified
child abuse order (in the case of a child abuse
order)’’ after ‘‘a qualified domestic relations order’’
each place it appears in clauses (i) and (ii);
(9) in paragraph (7)(D), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’;
(10) in paragraph (7)(E), by inserting ‘‘or child
abuse order’’ after ‘‘the domestic relations order’’;
(11) in paragraph (8), by inserting ‘‘or child
abuse order’’ after ‘‘a domestic relations order’’;
(12) in paragraph (9), by inserting ‘‘or a quali-
fied child abuse order’’ after ‘‘a qualified domestic
relations order’’;
(13) in paragraph (10), by inserting ‘‘or a
qualified child abuse order’’ after ‘‘a qualified do-
mestic relations order’’; and
(14) in paragraph (11), by inserting ‘‘(in the
case of a domestic relations order) or a qualified
child abuse order (in the case of a child abuse
order)’’ after ‘‘pursuant to a qualified domestic rela-
tions order’’, and by inserting ‘‘or a child abuse
order’’ after ‘‘pursuant to a domestic relations
order’’.
(d) TAX TREATMENT OF DISTRIBUTIONS PURSUANT
TO QUALIFIED CHILD ABUSE ORDERS.—
(1) ALTERNATE PAYEE MUST INCLUDE BENE-
FITS IN GROSS INCOME.—Paragraph (1) of section
402(e) of such Code (relating to alternate payee
under qualified domestic relations order treated as
distributee) is amended by inserting ‘‘or qualified
child abuse order’’ after ‘‘a qualified domestic rela-
tions order’’ each place it appears.
(2) ALLOCATION OF INVESTMENT IN THE CON-
TRACT.—Paragraph (10) of section 72(m) of such
Code (relating to determination of investment in the
contract in the case of qualified domestic relations
orders) is amended—
(A) in the heading, by inserting ‘‘AND
QUALIFIED
CHILD
ABUSE
ORDERS’’ 
after
‘‘QUALIFIED
DOMESTIC
RELATIONS
ORDERS’’;
and
(B) by inserting ‘‘or qualified child abuse
order’’ after ‘‘a qualified domestic relations
order’’.
(3) CLARIFICATION OF ELIGIBILITY OF PARTIC-
IPANT FOR LUMP SUM TREATMENT.—
(A) Subparagraph (H) of section 402(d)(4)
of such Code (relating to balance to credit of
employee not to include amounts payable under
qualified domestic relations order) is amend-
ed—
(i) in the heading, by inserting ‘‘OR
QUALIFIED
CHILD
ABUSE
ORDER’’ after
‘‘QUALIFIED
DOMESTIC
RELATIONS
ORDER’’; and
(ii) by inserting ‘‘or qualified child
abuse order’’ after ‘‘a qualified domestic
relations order’’.
(B) Subparagraph (J) of section 402(d)(4)
of such Code is amended by inserting ‘‘, or
under a qualified child abuse order (within the
meaning of section 414(p)) of the balance to
the credit of an alternate payee,’’ after ‘‘former
spouse of the employee’’.
SEC. 264. EFFECTIVE DATE.
The amendments made by this subtitle shall take ef-
fect on January 1, 1998, except that, in the case of a child
abuse order entered before such date, the plan adminis-
trator—
(1) shall treat such order as a qualified child
abuse order if such administrator is paying benefits
pursuant to such order on such date, and
(2) may treat any other such order entered be-
fore such date as a qualified child abuse order even
if such order does not meet the requirements of such
amendments.
TITLE III—SEXUAL ASSAULT
PREVENTION
Subtitle A—Rape Prevention
Education
SEC. 301. TRANSFER OF RAPE PREVENTION AND EDU-
CATION PROGRAM.
Part J of title III of the Public Health Service Act
is amended by inserting after section 393A the following
new section:
‘‘SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION
EDUCATION.
‘‘(a) PERMITTED
USE.—Notwithstanding section
1904(a)(1), amounts transferred by the State for use
under this part shall be used for rape prevention and edu-
cation programs conducted by rape crisis centers and non-
profit State sexual assault coalitions for—
‘‘(1) educational seminars;
‘‘(2) the operation of hotlines;
‘‘(3) training programs for professionals;
‘‘(4) the preparation of informational material;
and
‘‘(5) other efforts to increase awareness of the
facts about, or to help prevent, sexual assault, in-
cluding efforts to increase awareness in underserved
communities as defined in 42 U.S.C. 3796gg–2(7)
as modified by title VI of this Act.
‘‘(b) NATIONAL RESOURCE CENTER.—The Secretary
of the Department of Health and Human Services shall,
through the National Center for Injury Prevention and
Control at the Centers for Disease Control and Preven-
tion, establish a National Resource Center on Sexual As-
sault to provide resource information, policy, training, and
technical assistance to Federal, State, and Indian tribal
agencies, as well as to State sexual assault coalitions and
local sexual assault programs and to other professionals
and interested parties on issues relating to sexual assault.
The Resource Center shall maintain a central resource li-
brary in order to collect, prepare, analyze, and disseminate
information and statistics and analyses thereof relating to
the incidence and prevention of sexual assault.
‘‘(c) TARGETING OF EDUCATION PROGRAMS.—States
providing grant moneys must ensure that at least 25 per-
cent of the moneys are devoted to educational programs
targeted for middle school, junior high, and high school
aged students. The programs targeted under this sub-
section shall be conducted by rape crisis centers and State
sexual assault coalitions.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated to carry out this section—
‘‘(A) $75,000,000 for fiscal year 1999;
‘‘(B) $75,000,000 for fiscal year 2000;
‘‘(C) $100,000,000 for fiscal year 2001;
‘‘(D) $100,000,000 for fiscal year 2002;
and
‘‘(E) $150,000,000 for fiscal year 2003.
Funds authorized to be appropriated under this sec-
tion are appropriated from the Violent Crime Reduc-
tion Fund pursuant to 42 U.S.C. 14211(c) and sub-
paragraph (16) under the definition of ‘‘prevention
program’’ in 42 U.S.C. 14214(d).
‘‘(2) SEXUAL
ASSAULT
COALITIONS.—Of the
amount appropriated for any fiscal year under this
section, at least 15 percent of the total amount ap-
propriated shall be used for making grants to State
sexual assault coalitions to address public health
issues associated with sexual assault through train-
ing, resource development, or similar research.
‘‘(3) SUBSECTION
(b)
ALLOTMENT.—Of the
amount appropriated for any fiscal year under this
section, at least 1 percent shall be made available for
allotment under subsection (b).
‘‘(e) LIMITATIONS.—
‘‘(1) A State may use funds under this section
only so as to supplement and, to the extent prac-
ticable, increase the level of funds that would be
available from non-Federal sources for the activities
described in subsection (a), and in no case may such
funds be used to supplant funds from other sources.
‘‘(2) A State may not use more than 2 percent
of the funds received in each fiscal year under this
section for surveillance studies or prevalence studies.
‘‘(3) A State may not use more than 5 percent
of funds received in each fiscal year under this sec-
tion for administrative expenses.
‘‘(f) ELIGIBLE
ORGANIZATIONS.—The Secretary
shall award a grant under subsection (b) of this section
to a private nonprofit organization which can—
‘‘(1) demonstrate that it has recognized exper-
tise in the area of sexual assault, a record of high-
quality services to victims of sexual assault, includ-
ing a demonstration of support from advocacy
groups, such as State sexual assault coalitions or
recognized national sexual assault groups; and
‘‘(2) demonstrate a commitment to diversity
and to the provision of services to underserved popu-
lations as defined in 42 U.S.C. 3799gg–7 as modi-
fied by title VI of this Act.
‘‘(g) DEFINITIONS.—
‘‘(1) For purposes of this section, the term
‘rape prevention and education’ includes education
and prevention efforts directed at sexual offenses
committed by offenders who are not known to the
victim as well as offenders who are known to the vic-
tim.
‘‘(2) The term ‘sexual assault’ means any con-
duct 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 in-
cludes 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) The term ‘rape crisis center’ means a pri-
vate nonprofit organization that is organized, or has
as one of its primary purposes, to provide services
for victims of sexual assault and has a record of
commitment and demonstrated experience in provid-
ing services to victims of sexual assault.
‘‘(h) TERMS.—
‘‘(1) The Secretary shall make allotments to
each State on the basis of the population of the
State.
‘‘(2) No State may use funds made available by
reason of subsection (a) in any fiscal year for admin-
istration of any prevention program other than the
rape prevention and education program for which al-
lotments are made under this section.
‘‘(3) Any amount paid to a State for a fiscal
year and remaining unobligated at the end of such
year shall remain available for the next fiscal year
to such State for the purposes for which it was
made.’’.
SEC. 302. TECHNICAL AMENDMENT TO PUBLIC LAW 103–322.
(a) REPEAL.—Section 1910A of the Public Health
and Human Services Act is repealed.
(b) EFFECTIVE DATE.—The repeal made by sub-
section (a) of this section shall take effect the day after
the date of enactment of this Act.
Subtitle 
B—Standards, 
Practice,
and Training for Sexual Assault
Examinations
SEC. 311. SHORT TITLE.
This subtitle may be cited as the ‘‘Standards, Prac-
tice, and Training for Sexual Assault Examinations Act’’.
SEC. 312. STANDARDS, PRACTICE, AND TRAINING FOR SEX-
UAL ASSAULT EXAMINATIONS.
(a) IN GENERAL.—The Attorney General shall—
(1) evaluate existing standards of training and
practice for licensed health care professionals per-
forming sexual assault forensic examinations and de-
velop a national recommended standard for training;
(2) recommend sexual assault examination
training for all health care students to improve the
recognition of injuries suggestive of rape and sexual
assault and baseline knowledge of appropriate refer-
rals in victim treatment and evidence collection; and
(3) review existing national, State, and local
protocols on sexual assault for forensic examina-
tions, and based on this review, develop a rec-
ommended national protocol, and establish a mecha-
nism for its nationwide dissemination.
(b) CONSULTATION.—The Attorney General shall
consult with national, State, and local experts in the area
of rape and sexual assault, including but not limited to,
rape crisis centers, State sexual assault and domestic vio-
lence coalitions and programs, criminal justice, forensic
nursing, forensic science, emergency room medicine, law,
social services, sex crimes in underserved communities as
defined in 42 U.S.C. 3796gg–2(7) as modified by title VI
of this Act.
144
‘‘§ 1178. Military justice information and DNA speci-
mens: transmission to Director of Federal
Bureau of Investigation upon member’s
separation
‘‘(a) RECORDS OF MILITARY JUSTICE ACTIONS.—
Whenever a member of the armed forces is discharged
from a period of service in the armed forces or is released
from a period of active duty, the Secretary of the military
department concerned shall transmit to the Director of the
Federal Bureau of Investigation a copy of records of any
penal action taken against the member during that period
under chapter 47 of this title (the Uniform Code of Mili-
tary Justice).
‘‘(b) DNA SPECIMENS OF PERSONS CONVICTED OF
SEXUAL OFFENSES.—(1) Any member of the armed
forces who is convicted by a court-martial of an offense
of a sexual nature shall, before being separated from the
member’s armed force, provide to the Secretary of the
military department concerned a sample of blood, saliva,
or other specimen collected from that member necessary
to conduct DNA analysis consistent with established pro-
cedures for DNA testing by the Director of the Federal
Bureau of Investigation.
‘‘(2) The Secretary concerned shall transmit each
sample provided under paragraph (1) in a timely manner
to the Director of the Federal Bureau of Investigation for