112
(D) Attempting to cause or causing dam-
age to property so as to intimidate or attempt
to control the behavior of another person.
(2) The term ‘‘abuse-related medical condition’’
means a medical condition which arises in whole or
in part out of an action or pattern of abuse.
(3) The term ‘‘abuse status’’ means the fact or
perception that a person is, has been, or may be a
subject of abuse, irrespective of whether the person
has sustained abuse-related medical conditions or
has incurred abuse-related claims.
(4) The term ‘‘health benefit plan’’ means any
public or private entity or program that provides for
payments for health care, including—
(A) a group health plan (as defined in sec-
tion 607 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1167)) or a
multiple employer welfare arrangement (as de-
fined in section 3(40) of such Act (29 U.S.C.
1102(40)) that provides health benefits;
(B) any other health insurance arrange-
ment, including any arrangement consisting of
a hospital or medical expense incurred policy or
certificate, hospital or medical service plan con-
113
tract, or health maintenance organization sub-
scriber contract;
(C) workers’ compensation or similar in-
surance to the extent that it relates to workers’
compensation medical benefits (as defined by
the Federal Trade Commission); and
(D) automobile medical insurance to the
extent that it relates to medical benefits (as de-
fined by the Federal Trade Commission).
(5) The term ‘‘health carrier’’ means a person
that contracts or offers to contract on a risk-assum-
ing basis to provide, deliver, arrange for, pay for or
reimburse any of the cost of health care services, in-
cluding a sickness and accident insurance company,
a health maintenance organization, a nonprofit hos-
pital and health service corporation or any other en-
tity providing a plan of health insurance, health ben-
efits or health services.
(6) The term ‘‘insured’’ means a party named
on a policy, certificate, or health benefit plan, in-
cluding an individual, corporation, partnership, asso-
ciation, 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 per-
114
son 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.
(7) The term ‘‘insurer’’ means any person, re-
ciprocal exchange, interinsurer, Lloyds insurer, fra-
ternal benefit society, or other legal entity engaged
in the business of insurance, including agents, bro-
kers, adjusters, and third party administrators. The
term also includes health carriers, health benefit
plans, and life, disability, and property and casualty
insurers.
(8) The term ‘‘policy’’ means a contract of in-
surance, certificate, indemnity, suretyship, or annu-
ity issued, proposed for issuance or intended for
issuance by an insurer, including endorsements or
riders to an insurance policy or contract.
(9) The term ‘‘subject of abuse’’ means a per-
son against whom an act of abuse has been directed,
a person who has prior or current injuries, illnesses,
or disorders that resulted from abuse, or a person
who seeks, may have sought, or had reason to seek
medical or psychological treatment for abuse, protec-
tion, court-ordered protection, or shelter from abuse.
115
SEC. 423. DISCRIMINATORY ACTS PROHIBITED.
(a) 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 in-
sured 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 oth-
erwise permitted or required by State laws relating
to life insurance beneficiaries.
(3) Adding a premium differential to any insur-
ance policy or health benefit plan.
(b) No insurer may, directly or indirectly, deny or
limit payment of a claim incurred by an innocent insured
as a result of abuse.
(c) No insurer or health carrier may terminate health
coverage for a subject of abuse because coverage was origi-
nally 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 volun-
tarily or involuntarily and the subject of abuse does not
116
qualify for extension of coverage under part 6 of subtitle
B of title I or the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1161 et seq.) or 4980B of the
Internal Revenue Code of 1986. Nothing in this paragraph
prohibits the insurer from requiring the subject of abuse
to pay the full premium for the subject’s coverage under
the health plan if the requirements are applied to all in-
sureds of the health carrier. The insurer may terminate
group coverage after the continuation coverage required
by this paragraph has been in force for 18 months if it
offers conversion to an equivalent individual plan. The
continuation of health coverage required by this paragraph
shall be satisfied by any extension of coverage under part
6 of subtitle B of title I or the Employee Retirement In-
come Security Act of 1974 (29 U.S.C. 1161 et seq.) or
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 provided under part 6 of sub-
title B of title I or the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1161 et seq.) or 4980B of
the Internal Revenue Code of 1986.
(d) USE OF INFORMATION.—
(1) In order to protect the safety and privacy
of subjects of abuse, no person employed by or con-
tracting with an insurer or health benefit plan may
117
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 pur-
pose unrelated to the direct provision of health care
services unless such use, disclosure, or transfer is re-
quired by an order of an entity with authority to
regulate insurance or an order of a court of com-
petent jurisdiction. In addition, such a person may
not 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 except where such disclosure or
transfer is required in order to provide insurance
coverage, provided such disclosure or transfer does
not have the potential to endanger the safety of a
subject of abuse. Nothing in this paragraph shall be
construed as limiting or precluding 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
118
treatment of an abuse-related condition or dem-
onstrating that a condition is abuse-related. Nothing
in this paragraph shall be construed as authorizing
an insurer or health carrier to disregard such pro-
vided evidence.
SEC. 424. INSURANCE PROTOCOLS FOR SUBJECTS OF
ABUSE.
Insurers shall develop and adhere to written policies
specifying procedures to be followed by employees, con-
tractors, producers, agents and brokers for the purpose
of protecting the safety and privacy of a subject of abuse
and otherwise implementing the provisions of this subtitle
when taking an application, investigating a claim, or tak-
ing any other action relating to a policy or claim involving
a subject of abuse.
SEC. 425. REASONS FOR ADVERSE ACTIONS.
An insurer that takes an action that adversely affects
a subject of abuse, shall advise the subject of abuse appli-
cant or insured of the specific reasons for the action in
writing. Reference to general underwriting practices or
guidelines does not constitute a specific reason.
SEC. 426. 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
120
liminary, and permanent injunctive and compensatory re-
lief.
(b) PRIVATE CAUSE OF ACTION.—An applicant or in-
sured 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 jurisdic-
tion. Upon proof of such conduct by a preponderance of
the evidence, the court may award appropriate relief, in-
cluding temporary, preliminary, and permanent injunctive
relief and compensatory and punitive damages, as well as
the costs of suit and reasonable fees for the aggrieved indi-
vidual’s attorneys and expert witnesses. With respect to
compensatory damages, 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. 429. EFFECTIVE DATE.
This subtitle shall apply with respect to any action
taken on or after the date of the enactment of this Act,
except that section 424 shall only apply to actions taken
after the expiration of 60 days after such date.
121
Subtitle D—National Summit on
Sports and Violence
SEC. 431. SENSE OF THE CONGRESS THAT A NATIONAL
SUMMIT OF SPORTS, POLITICAL, COMMU-
NITY, AND MEDIA LEADERS SHOULD BE
PROMPTLY 
CONVENED 
TO 
DEVELOP 
A
MULTIFACETED ACTION PLAN TO DETER
ACTS OF VIOLENCE, ESPECIALLY DOMESTIC
VIOLENCE AND SEXUAL ASSAULT.
(a) FINDINGS.—
(1) Involvement in sports commonly places indi-
viduals in a unique context of competition that pro-
vides an opportunity to teach, learn, and hone quali-
ties of responsible citizenship, including values that
promote self-respect and respect for others, and
deter acts of violence, especially domestic violence
and sexual assault.
(2) Professional and amateur athletes and
sports coaches are role models with great national
influence and have helped to positively shape the
lives of countless individuals.
(3) Professional and amateur athletes, and
sports coaches, administrators, volunteers, and team
owners have participated in a variety of outstanding
122
and valuable community service projects throughout
the Nation.
(4) Many professional and amateur sports orga-
nizations have instituted educational programs and
other measures to deter and sanction misconduct, in-
cluding abuse of legal and illegal drugs, illegal gam-
bling, discriminatory practices, and other unethical
behavior.
(5) Acts of domestic violence and sexual assault
are serious, indefensible crimes.
(6) Acts of domestic violence and sexual assault
committed by athletes are often not taken seriously
and go unpunished, sending an insidious and harm-
ful message that this behavior is excusable and is
not criminal.
(7) Most athletes do not commit acts of domes-
tic violence or sexual assault and these athletes, as
role models, can have a profound impact in deterring
others from committing acts of domestic violence
and sexual assault.
(8) There exists a Citizenship Through Sports
Alliance that is made up of the National Collegiate
Athletic Association, the National Junior College
Athletic Association, the National Association of
Intercollegiate Athletics, the National Federation of
123
State High School Associations, the United States
Olympic Committee, Major League Baseball, the
National Football League, the National Basketball
Association, and the National Hockey League.
(9) The Congress supports the existing activi-
ties of the Citizenship Through Sports Alliance and
its member organizations and encourages a broader
array of efforts to promote responsible citizenship by
teaching administrators, coaches, and athletes values
that will help all who participate in our Nation’s
sports culture to become better citizens.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that—
(1) a national summit should be promptly con-
vened to develop a multifaceted action plan to deter
acts of violence, especially domestic violence and sex-
ual assault;
(2) the members of the national summit re-
ferred to in paragraph (1) should include—
(A) sports, community, political, and media
leaders;
(B) individuals with experience in youth
advocacy;
(C) 
individuals 
with 
experience 
in
antiviolence advocacy;
124
(D) members of the Citizenship Through
Sports Alliance;
(E) Members of Congress; and
(F) other governmental and community
leaders with specific expertise in education,
services, and advocacy programs that serve to
deter acts of violence, specifically national,
State, and local domestic violence and sexual
assault coalitions and programs;
(3) the action plan referred to in paragraph (1)
should—
(A) be designed to encourage the participa-
tion of all administrators, coaches, and athletes,
from those involved in youth leagues to those
who are involved in professional sports;
(B) emphasize and promote values such as
self-respect and respect for others, tolerance,
non-discrimination, and gender equality as well
as teamwork, discipline, responsibility, and com-
mitment;
(C) encourage and promote participation in
sports as a positive character building activity;
(D) promote a sports culture that encour-
ages integrity, honesty, fairness, inclusion, tol-
125
erance, nonviolence, and a commitment to excel-
lence; and
(E) include a high-profile public education
program and media campaign to deter acts of
violence, especially domestic violence and sexual
assault; and
(4) the members of the national summit re-
ferred to in paragraph (1), and other sports, com-
munity, political and media leaders should assume
leadership roles deterring acts of domestic violence
and sexual assault and should support the measures
developed by the national summit referred to in
paragraph (1).
Subtitle E—Keeping Firearms
From Intoxicated Persons
SEC. 441. PROHIBITION AGAINST TRANSFER OF A FIREARM
TO, AND POSSESSION OF A FIREARM BY, A
PERSON WHO IS INTOXICATED.
(a) TRANSFER PROHIBITION.—Section 922(d) of
title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(8);
(2) by striking the period at the end of para-
graph (9) and inserting ‘‘; or’’; and
126
(3) by inserting after paragraph (9) the follow-
ing:
‘‘(10) is intoxicated.’’.
(b) POSSESSION PROHIBITION.—Section 922(g) of
such title is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(8);
(2) by inserting ‘‘or’’ at the end of paragraph
(9); and
(3) by inserting after paragraph (9) the follow-
ing:
‘‘(10) who is intoxicated,’’.
(c) STATEMENT REQUIRED BY THE BRADY LAW.—
Section 922(s)(3)(B) of such title is amended—
(1) by striking ‘‘and’’ at the end of clause (vii);
(2) by inserting ‘‘and’’ at the end of clause
(viii); and
(3) by inserting after clause (viii) the following:
‘‘(ix) is not intoxicated;’’.
(d) INTOXICATED DEFINED.—Section 921(a) of such
title is amended by adding at the end the following:
‘‘(34) The term ‘intoxicated’ means, with respect to
a person, that the mental or physical condition of the per-
son is sufficiently impaired, as a result of the presence
in the person’s body of alcohol, a drug, or another sub-
127
stance, to be prohibited by the law of the State in which
the person is located from operating a motor vehicle in
the State.’’.
Subtitle F—Access to Safety and
Advocacy
SEC. 451. SHORT TITLE.
This subtitle may be cited as the ‘‘Access to Safety
and Advocacy Act’’.
SEC. 452. PURPOSE.
The purpose of this subtitle is to enhance safety and
justice for victims of domestic violence in every State, ju-
risdiction under military or Federal control, tribal land,
territory, or commonwealth, through access to the justice
system and improved legal advocacy and representation.
SEC. 453. GRANTS TO IMPROVE ACCESS TO THE JUSTICE
SYSTEM.
(a) ELIGIBLE GRANTEES.—Eligible grantees are—
(1) domestic violence programs;
(2) State, tribal, and local bar associations;
(3) law school clinical programs;
(4) nonprofit legal services;
(5) court-based pro se programs;
(6) bar association or domestic violence legal in-
formation and referral services or hotlines;
128
(7) State coalitions of domestic violence pro-
grams; and
(8) tribes and tribally recognized organizations.
(b) ELIGIBLE SERVICES.—Activities funded under
this subtitle shall be designed to further the health, safety,
and economic needs of victims of domestic violence
through legal assistance for victims of domestic violence
in any civil action, administrative proceeding, criminal
cases where the defendant advances a claim of duress or
defense of self or other or in clemency proceedings. Activi-
ties funded under this subtitle shall include legal assist-
ance on behalf of—
(1) low-income and indigent persons; or
(2) persons who have inadequate access to suf-
ficient financial resources to secure appropriate legal
assistance.
(c) GRANT AUTHORITY.—The Attorney General may
make grants for the following purposes:
(1) To enhance the availability and quality of
legal assistance to victims of domestic violence
through efforts directed at stopping the violence, en-
hancing victim safety, assuring economic protection
and well-being or protecting child victims of domes-
tic violence.
129
(2) To encourage the development of partner-
ships between domestic violence programs and the
full spectrum of legal representation and advocacy
programs, including the following: private practition-
ers, Government and public sector lawyers, direct
legal services programs, bar associations, legal hot-
lines, and clinical law school initiatives.
(3) To increase the participation of the private
bar in pro bono or low-cost representation of and as-
sistance to victims of domestic violence.
(4) To improve judicial and administrative han-
dling of pro se cases involving victims of domestic vi-
olence.
(5) To enhance the availability and quality of
legal representation through increasing programs on
domestic violence in law schools and in continuing
professional education programs.
SEC. 454. APPLICATION.
(a) REQUIREMENTS.—Eligible grantees must—
(1) for entities described in section 453(a)(2)
through (6), include documentation of an ongoing
partnership and working relationship with a domes-
tic violence program;
130
(2) demonstrate a history of providing direct
legal or advocacy services in a manner that is ac-
countable to the community served; and
(3) certify that—
(A) any person providing legal assistance
through a program funded under this subtitle
has completed training on domestic violence law
and practice;
(B) any training programs conducted in
satisfaction of the requirement of section
455(a)(3)(A) be developed with input from and
in collaboration with a domestic violence pro-
gram;
(C) the grantee’s organizational policies do
not require or encourage mediation in cases
where domestic violence is a significant issue;
and
(D) any person providing legal assistance
through a program funded under this subtitle
has informed any State domestic violence coali-
tions of their work and participates in any
statewide networking among legal assistance
providers to victims of domestic violence.
131
SEC. 455. FUNDING.
(a) ALLOCATION OF FUNDS.—Of the total amounts
appropriated under this subtitle in any fiscal year, at least
45 percent shall be allocated to projects that provide direct
representation to victims of domestic violence, through
staff, volunteers or partnerships, particularly for cases in-
cluding custody and visitation, protection order, support,
housing and divorce matters, and other actions under-
taken to achieve or preserve victim safety. At least 5 per-
cent of the funds appropriated under this subtitle shall
be used for grants to tribes and tribal organizations, in-
cluding tribal courts and bar associations. No more than
15 percent of the funds appropriated under this subtitle
shall be awarded to technical assistance and training ini-
tiatives. No more than 5 percent of the funds appropriated
under this subtitle shall be awarded to evaluation. No
more than 5 percent of the funds appropriated under this
subtitle shall be utilized for the costs of administration.
(b) FUNDING LEVELS.—There are authorized to be
appropriated for grants under this subtitle $19,000,000
for fiscal 1999, $27,000,000 for fiscal 2000, $35,000,000
for fiscal 2001, $44,000,000 for fiscal 2002, and
$57,000,000 for fiscal 2003.
(c) MATCHING REQUIREMENTS.—Applicants shall be
required to identify an actual or in-kind match for any
proposed award under this subtitle of no more than 20
132
percent. Other Federal funding may not be allocated as
match.
(d) NONSUPPLANTATION.—Federal funds received
under this subtitle shall be used to supplement, not sup-
plant, other Federal and non-Federal funds that would
otherwise be available for expenditures on activities de-
scribed in this part. Moneys disbursed under this subtitle
must be used to fund new projects or to expand or enhance
existing projects.
(e) DISCRIMINATION.—Activities funded under this
subtitle shall be conducted pursuant to any applicable
Federal, State, or local law governing discrimination on
the basis of race, national origin, religion, age, gender,
sexual orientation, or disability, and shall be subject to
section 307(a)(2) of the Family Violence Prevention and
Services Act. Entities funded under this subtitle shall not
be restricted from providing services because of the immi-
gration status or sexual orientation of the person seeking
services.
SEC. 456. PROVISION OF TECHNICAL ASSISTANCE AND
TRAINING.
The Attorney General may provide technical assist-
ance and training in furtherance of the purposes of this
subtitle. The technical assistance and training authorized
by this section may be carried out directly by the Attorney
133
General or through contracts or other arrangements with
entities, and may include consultation and problem solv-
ing, the development of training programs, materials, and
information on domestic violence law and practice, the
identification of promising practices, development of data-
bases, developing partnerships, and creating multidisci-
plinary, community-based approaches.
SEC. 457. EVALUATION OF ACCESS TO SAFETY AND ADVO-
CACY GRANTS.
The Attorney General may evaluate the grants fund-
ed under this subtitle through contracts or other arrange-
ments with entities expert on domestic violence and eval-
uation research.
SEC. 458. DEFINITIONS.
In this subtitle the following definitions apply:
(1) DOMESTIC VIOLENCE.—The term ‘‘domestic
violence’’ includes acts or threats of violence, and
stalking, not including acts of self-defense, commit-
ted by a current or former spouse of the victim, by
a person with whom the victim shares a child in
common, by a person who is cohabiting with or has
cohabited with the victim, by a person who is or has
been in a continuing social relationship of a roman-
tic or intimate nature with the victim, by a person
similarly situated to a spouse of the victim under the
134
domestic or family violence laws of the jurisdiction,
or by any other person against a victim who is pro-
tected from that person’s acts under the domestic or
family violence laws of the jurisdiction.
(2) DOMESTIC VIOLENCE PROGRAM.—The term
‘‘domestic violence program’’ means a nonprofit or-
ganization, the primary purpose of which is to pro-
vide advocacy on behalf of and comprehensive serv-
ices to victims of domestic violence, including some
combination of the following: crisis hotlines, shelter
or safe homes, transitional housing, task forces or
coordinating councils, food assistance, counseling,
systems advocacy, transportation, safety planning,
information and referral, and legal assistance.
(3) LAW SCHOOL PROGRAM.—The term ‘‘law
school program’’ means an internship, externship,
clinic, or other legal representation program or ini-
tiative located at an accredited school of law which
has as its primary purpose the provision of legal rep-
resentation, information, or assistance to victims of
domestic violence directed at stopping the violence,
enhancing the victim safety, assuring economic pro-
tection and well-being, or protecting child victims of
domestic violence.
135
(4) LEGAL ASSISTANCE.—The term ‘‘legal as-
sistance’’ includes—
(A) direct representation of and assistance
to victims of domestic violence from intake
through adjudication, enforcement, and appeal,
in any civil action, administrative proceeding,
criminal cases where the defendant advances a
claim of duress or a defense of self or other or
in clemency proceedings; to include representa-
tion from intake through adjudication, enforce-
ment and appeal directed at stopping the vio-
lence, enhancing victim safety, assuring eco-
nomic protection and well-being, or protecting
child victims of domestic violence; and
(B) legal advocacy, including issue identi-
fication, safety planning, evaluating options,
policy analysis, representation enhancement,
outreach activities, accompaniment, informa-
tion, directories and referral, monitoring the
civil and criminal justice process, and coordina-
tion among legal, social, and health care sys-
tems, offered by personnel of domestic violence
programs, which is directed at stopping the vio-
lence, enhancing victim safety, assuring eco-
136
nomic protection and well-being or protecting
child victims of domestic violence.
(5) NONPROFIT DIRECT LEGAL SERVICES.—The
term ‘‘nonprofit direct legal services’’ means a non-
profit legal organization which has as its primary
purpose the provision of legal assistance to 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 vio-
lence, enhancing victim safety, assuring economic
protection and well-being 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 di-
rect legal services organization, or a domestic vio-
lence program that offers no-cost representation,
legal educational programs, or information and re-
ferral services to victims of domestic violence di-
rected at stopping the violence, enhancing victim
safety, assuring economic protection and well-being,
or protecting child victims of domestic violence.
(7) PRO SE PROGRAM.—The term ‘‘pro se pro-
gram’’ means a program based in the State, tribal,
137
or local courts, in nonprofit direct legal services or-
ganizations, or in domestic violence programs to as-
sist 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 ad-
ministrative matters or proceedings directed at
stopping the violence, enhancing victim safety,
assuring economic protection and well-being, or
protecting child victims of domestic violence;
(B) to develop comprehensive safety plans;
and
(C) to offer information and referral serv-
ices.
(8) STATE, TRIBAL, OR LOCAL BAR ASSOCIA-
TION.—The term ‘‘State, tribal, or local bar associa-
tion’’ means a State, tribal, or local association of
attorneys of a specified geographic area whose mem-
bers are licensed to practice in the jurisdiction(s)
and that offers information, referral, or pro bono
legal services to victims of domestic violence directed
at stopping the violence, enhancing victim safety,
achieving economic justice, or protecting child vic-
tims of domestic violence.
138
(9) TRIBAL ORGANIZATION.—The term ‘‘tribal
organization’’ means a tribally chartered organiza-
tion or a nonprofit organization operating within the
boundaries of an Indian reservation whose governing
body reflects the populations served.
(10) STATE COALITION OF DOMESTIC VIOLENCE
PROGRAMS.—The term ‘‘State coalition of domestic
violence programs’’ means a statewide membership
organization of domestic violence programs that,
among other activities, provides training and tech-
nical assistance to domestic violence programs within
the State, commonwealth, territory, or lands under
military, Federal, or tribal authority.
Subtitle G—Federal Witness Pro-
tection for Victims of Domestic
Violence
SEC. 461. WITNESS PROTECTION.
(a) GENERALLY.—Section 3521(a)(1) of title 18,
United States Code, is amended by inserting ‘‘or of a vic-
tim of an offense set forth in chapter 110A of this title
directed at victims of domestic violence or a similar State
offense,’’ after ‘‘other serious offense,’’.
(b) OTHER ACTIONS.—Section 3521(b)(1) of title 18,
United States Code, is amended by inserting ‘‘or a victim
of domestic violence,’’ after ‘‘potential witness,’’.
139
TITLE 
V—VIOLENCE 
AGAINST
WOMEN 
IN 
THE 
MILITARY
SYSTEM
Subtitle 
A—Civilian 
Jurisdiction
for Crimes of Sexual Assault
and Domestic Violence
SEC. 501. CRIMINAL OFFENSES COMMITTED OUTSIDE THE
UNITED STATES BY PERSONS ACCOMPANY-
ING THE ARMED FORCES.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 211 the following new
chapter:
‘‘CHAPTER 212—DOMESTIC VIOLENCE AND
SEXUAL ASSAULT OFFENSES COMMIT-
TED OUTSIDE THE UNITED STATES
‘‘Sec.
‘‘3261. Domestic violence and sexual assault offenses committed by persons for-
merly serving with, or presently employed by or accompanying,
the Armed Forces outside the United States.
‘‘3262. Delivery to authorities of foreign countries.
‘‘3263. Regulations.
‘‘3264. Definitions for chapter.
‘‘§ 3261. Domestic violence and sexual assault of-
fenses committed by persons formerly
serving with, or presently employed by or
accompanying, the Armed Forces outside
the United States
‘‘(a) IN GENERAL.—Whoever, while serving with, em-
ployed by, or accompanying the Armed Forces outside of
140
the United States, engages in conduct that would con-
stitute a misdemeanor or felony domestic violence or sex-
ual assault offense, if the conduct had been engaged in
within the special maritime and territorial jurisdiction of
the United States, shall be subject to prosecution in the
Federal District Court of the jurisdiction of origin.
‘‘(b) CONCURRENT
JURISDICTION.—Nothing con-
tained in this chapter deprives courts-martial, military
commissions, provost courts, or other military tribunals of
concurrent jurisdiction with respect to offenders or of-
fenses that by statute or by the law of war may be tried
by courts-martial, military commissions, provost courts, or
other military tribunals.
‘‘(c) ACTION BY FOREIGN GOVERNMENT.—No pros-
ecution may be commenced under this section if a foreign
government, in accordance with jurisdiction recognized by
the United States, has prosecuted or is prosecuting such
person for the conduct constituting such offense, except
upon the approval of the Attorney General of the United
States or the Deputy Attorney General of the United
States (or a person acting in either such capacity), which
function of approval shall not be delegated.
‘‘(d) ARRESTS.—
‘‘(1) LAW
ENFORCEMENT
PERSONNEL.—The
Secretary of Defense may designate and authorize
141
any person serving in a law enforcement position in
the Department of Defense to arrest outside of the
United States any person described in subsection (a)
if there is probable cause to believe that such person
engaged in conduct which constitutes a criminal of-
fense under subsection (a).
‘‘(2) RELEASE
TO
CIVILIAN
LAW
ENFORCE-
MENT.—A person arrested under paragraph (1)
shall be released to the custody of civilian law en-
forcement authorities of the United States for re-
moval to the United States for judicial proceedings
in the Federal district court of the named jurisdic-
tion of origin of the person arrested in relation to
conduct referred to in such paragraph unless—
‘‘(A) such person is delivered to authorities
of a foreign country under section 3262; or
‘‘(B) such person has had charges brought
against him or her under chapter 47 of title 10
for such conduct.
‘‘§ 3262. Delivery to authorities of foreign countries
‘‘(a) IN GENERAL.—Any person designated and au-
thorized under section 3261(d) may deliver a person de-
scribed in section 3261(a) to the appropriate authorities
of a foreign country in which the person is alleged to have
engaged in conduct described in subsection (a) if—
142
‘‘(1) the appropriate authorities of that country
request the delivery of the person to such country
for trial for such conduct as an offense under the
laws of that country; and
‘‘(2) the delivery of such person to that country
is authorized by a treaty or other international
agreement to which the United States is a party.
‘‘(b) DETERMINATION
BY
THE SECRETARY.—The
Secretary of Defense shall determine which officials of a
foreign country constitute appropriate authorities for pur-
poses of this section.
‘‘§ 3263. Regulations
‘‘The Secretary of Defense shall issue regulations
governing the apprehension, detention, and removal of
persons under this chapter. Such regulations shall be uni-
form throughout the Department of Defense.
‘‘§ 3264. Definitions for chapter
‘‘As used in this chapter—
‘‘(1) the term ‘Armed Forces’ has the same
meaning as in section 101(a)(4) of title 10;
‘‘(2) a person is ‘employed by the Armed
Forces outside of the United States’ if the person—
‘‘(A) is employed as a civilian employee of
the Department of Defense, as a Department of
143
Defense contractor, or as an employee of a De-
partment of Defense contractor;
‘‘(B) is present or residing outside of the
United States in connection with such employ-
ment; and
‘‘(C) is not a national of the host nation;
and
‘‘(3) a person is ‘accompanying the Armed
Forces outside of the United States’ if the person—
‘‘(A) is a dependent of a member of the
armed forces;
‘‘(B) is a dependent of a civilian employee
of the Department of Defense;
‘‘(C) is residing with the member or civil-
ian employee outside of the United States; and
‘‘(D) is not a national of the host nation.’’
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part II of title 18, United States Code,
is amended by inserting after the item relating to chapter
211 the following:
‘‘212. Domestic Violence and Sexual Assault Offenses
Committed Outside the United States ........... 3261’’.
SEC. 502. RECORDS OF MILITARY JUSTICE ACTIONS.
(a) IN GENERAL.—Chapter 59 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
145
inclusion in the Combined DNA Identification System
(CODIS) of the Federal Bureau of Investigation.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘1178. Military justice information and DNA specimens: transmission to Direc-
tor of Federal Bureau of Investigation upon member’s separa-
tion.’’.
Subtitle 
B—Transitional 
Com-
pensation and Health Care for
Abused Dependents of Members
of the Armed Forces
SEC. 511. TRANSITIONAL COMPENSATION.
Section 1059 of title 10, United States Code, is
amended—
(1) in subsection (e)(1)(A), by inserting ‘‘that
includes dependent-abuse as an underlying or prin-
cipal factor’’ after ‘‘for a dependent-abuse offense’’;
(2) in subsection (e)(1)(B), by inserting ‘‘un-
derlying, partial, or principal’’ before ‘‘basis’’; and
(3) in subsection (g)(2), by striking ‘‘the Sec-
retary may not resume such payments’’ and insert-
ing ‘‘the Secretary may resume such payments if the
Secretary determines that there was ongoing abuse.
Any such determination as to such a resumption of
payments shall be reviewed by the Secretary on a
case-by-case basis.’’.
146
SEC. 512. HEALTH BENEFITS.
Paragraph (1) of section 1076(e) of title 10, United
States Code, is amended to read as follows:
‘‘(1) The administering Secretary shall furnish
an abused dependent of a former member of a uni-
formed service described in paragraph (4), during
that period that the abused dependent is in receipt
of transitional compensation under section 1059 of
this title, with medical and dental care, including
mental health services, in facilities of the uniformed
services in accordance with the same eligibility and
benefits as were applicable for that abused depend-
ent during the period of active service of the former
member.’’.
TITLE 
VI—PREVENTING 
VIO-
LENCE AGAINST WOMEN IN
TRADITIONALLY 
UNDER-
SERVED COMMUNITIES
Subtitle A—Older Women’s
Protection From Violence
SEC. 601. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Older Women’s Protection From Violence Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 601. Short title; table of contents.
147
Sec. 602. Findings.
CHAPTER 1—VIOLENCE AGAINST WOMEN ACT OF 1994
Sec. 603. Elder abuse, neglect, and exploitation.
CHAPTER 2—FAMILY VIOLENCE PREVENTION AND SERVICES ACT
Sec. 604–1. Definitions.
Sec. 604–2. Domestic violence services for older individuals.
Sec. 604–3. Demonstration grants for community initiatives.
CHAPTER 3—OLDER AMERICANS ACT OF 1965
Sec. 605–1. Definitions.
Sec. 605–2. Research about the sexual abuse of women who are older individ-
uals.
Sec. 605–3. State Long-Term Care Ombudsman program.
Sec. 605–4. Training for health professionals on screening for elder abuse, ne-
glect, and exploitation.
Sec. 605–5. Domestic violence shelters and programs for older individuals.
Sec. 605–6. Authorization of appropriations.
Sec. 605–7. Community initiatives and outreach.
CHAPTER 4—PUBLIC HEALTH SERVICE ACT
Sec. 606–1. Short title.
Sec. 606–2. Establishment, for certain health professions programs, of provi-
sions regarding identification and referral for elder abuse and
neglect.
SEC. 602. FINDINGS.
Congress finds that—
(1) of the more than 1,000,000 persons age 65
and over who are victims of abuse each year, at least
two-thirds are women;
(2) the number of reports of elder abuse in the
United States increased by 94 percent between 1986
and 1991 and is expected to continue growing;
(3) it is estimated that at least 5 percent of the
Nation’s elderly are victims of moderate to severe
abuse and that the rate for all forms of abuse may
be as high as 10 percent;
148
(4) elder abuse is severely underreported, with
1 in 5 cases being reported in 1980 and 1 in 8 cases
being reported today;
(5) elder abuse takes on many forms, including
physical abuse, sexual abuse, psychological (emo-
tional) abuse, neglect (intended or unintended), and
financial exploitation;
(6) many older persons, particularly women and
minorities, fail to report abuse because of shame or
as a result of prior unsatisfactory experiences with
police, district attorneys, clergy, social workers, or
others who lacked sensitivity to the concerns or
needs of older people;
(7) many older persons fail to report abuse be-
cause they are dependent on their abusers and fear
being abandoned or institutionalized;
(8) public and professional awareness and iden-
tification of elder abuse is difficult because many
older persons are not tied into social networks (such
as schools or jobs), and may become isolated in their
homes, which can increase the risk of elder abuse;
(9) the Department of Justice does not include
age as a category for criminal statistics reporting;
149
(10) there are relatively few statistics and re-
search studies regarding violence against older
women; and
(11) older persons critically need activities that
develop, strengthen, and carry out actions for the
prevention of abuse, including neglect and exploi-
tation, and provide related assistance for victims.
CHAPTER 1—VIOLENCE AGAINST WOMEN
ACT OF 1994
SEC. 603. ELDER ABUSE, NEGLECT, AND EXPLOITATION.
The Violence Against Women Act of 1994 (108 Stat.
1902) is amended by adding at the end the following:
‘‘Subtitle H—Elder Abuse, Neglect,
and Exploitation, Including Do-
mestic Violence and Sexual As-
sault Against Older Individuals
‘‘SEC. 40801. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) IN GENERAL.—The terms ‘elder abuse, ne-
glect, and exploitation’, ‘domestic violence’, and
‘older individual’ have the meanings given the terms
in section 102 of the Older Americans Act of 1965
(42 U.S.C. 3002).
‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as-
sault’ has the meaning given the term in section
150
2003 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg–2).
‘‘SEC. 40802. LAW SCHOOL CLINICAL PROGRAMS ON ELDER
ABUSE, NEGLECT, AND EXPLOITATION.
‘‘The Attorney General shall make grants to law
school clinical programs for the purposes of funding the
inclusion of cases addressing issues of elder abuse, neglect,
and exploitation, including domestic violence, and sexual
assault, against older individuals.
‘‘SEC. 40803. TRAINING PROGRAMS FOR LAW ENFORCE-
MENT OFFICERS.
‘‘The Attorney General shall develop curricula and
offer, or provide for the offering of, training programs to
assist law enforcement officers and prosecutors in rec-
ognizing, addressing, investigating, and prosecuting in-
stances of elder abuse, neglect, and exploitation, including
domestic violence, and sexual assault, against older indi-
viduals.
‘‘SEC. 40804. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as may be necessary to carry out this subtitle.’’.
151
CHAPTER 2—FAMILY VIOLENCE
PREVENTION AND SERVICES ACT
SEC. 604–1. DEFINITIONS.
Section 309 of the Family Violence Prevention and
Services Act (42 U.S.C. 10408) is amended by adding at
the end the following:
‘‘(7) The term ‘older individual’ has the mean-
ing given the term in section 102 of the Older Amer-
icans Act of 1965.’’.
SEC. 604–2. DOMESTIC VIOLENCE SERVICES FOR OLDER IN-
DIVIDUALS.
Section 311(a) of the Family Violence Prevention and
Services Act (42 U.S.C. 10410(a)) is amended—
(1) in paragraph (4), by striking ‘‘and’’ at the
end;
(2) in paragraph (5), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(6) work with domestic violence programs to
encourage the development of programs targeted to
older 
individuals, 
including 
outreach, 
support
groups, and counseling.’’.
152
SEC. 604–3. DEMONSTRATION GRANTS FOR COMMUNITY
INITIATIVES.
Section 318(b)(2)(F) of the Family Violence Preven-
tion and Services Act (42 U.S.C. 10418(b)(2)(F)) is
amended by inserting ‘‘and adult protective services enti-
ties’’ before the semicolon.
CHAPTER 3—OLDER AMERICANS ACT OF
1965
SEC. 605–1. DEFINITIONS.
Section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002) is amended by adding at the end the follow-
ing:
‘‘(45) The term ‘domestic violence’ includes acts
or threats of violence, not including acts of self de-
fense, committed by a current or former spouse of
the victim, by a person related by blood or marriage
to the victim, by a person who is cohabiting with or
has cohabited with the victim, by a person with
whom the victim shares a child in common, by a per-
son who is or has been in a continuing social rela-
tionship of a romantic or intimate nature with the
victim, by a person similarly situated to a spouse of
the victim under the domestic or family violence laws
of the jurisdiction of the victim, or by any other per-
son against a victim who is protected from that per-
153
son’s acts under the domestic or family violence laws
of the jurisdiction.
‘‘(46) The term ‘sexual assault’ has the mean-
ing given the term in section 2003 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg–2).’’.
SEC. 605–2. RESEARCH ABOUT THE SEXUAL ASSAULT OF
WOMEN WHO ARE OLDER INDIVIDUALS.
Section 202(d)(3)(C) of the Older Americans Act of
1965 (42 U.S.C. 3012(d)(3)(C)) is amended—
(1) by striking ‘‘and’’ at the end of clause (i);
(2) by striking the period at the end of clause
(ii) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(iii) in establishing research priorities under
clause (i), consider the importance of research about
the sexual assault of women who are older individ-
uals.’’.
SEC. 605–3. STATE LONG-TERM CARE OMBUDSMAN PRO-
GRAM.
Section 303(a)(1) of the Older Americans Act of
1965 (42 U.S.C. 3023(a)(1)) is amended by inserting be-
fore the period the following: ‘‘, except that for grants to
carry out section 321(a)(10), there are authorized to be
154
appropriated such sums as may be necessary without fiscal
year limitation’’.
SEC. 605–4. TRAINING FOR HEALTH PROFESSIONALS ON
SCREENING FOR ELDER ABUSE, NEGLECT,
AND EXPLOITATION.
Section 411 of the Older Americans Act of 1965 (42
U.S.C. 3031) is amended by adding at the end the follow-
ing:
‘‘(f)(1) The Secretary shall, in consultation with the
Assistant Secretary, develop curricula and implement con-
tinuing education training programs for protective service
workers, health care providers, social workers, clergy, and
other community-based social service providers in settings,
including senior centers, adult day care settings, and sen-
ior housing, to improve their ability to recognize and ad-
dress instances of elder abuse, neglect, and exploitation,
including domestic violence, and sexual assault, against
older individuals.
‘‘(2) In carrying out paragraph (1), the Secretary
shall develop and implement separate curricula and train-
ing programs for adult protective services workers, medi-
cal students, physicians, physician assistants, nurse prac-
titioners, nurses, and clergy.’’.
155
SEC. 605–5. DOMESTIC VIOLENCE SHELTERS AND PRO-
GRAMS FOR OLDER INDIVIDUALS.
Section 422(b) of the Older Americans Act of 1965
(42 U.S.C. 3035a(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(11);
(2) by striking the period at the end of para-
graph (12) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(13) expand access to domestic violence shel-
ters and programs for older individuals and encour-
age the use of senior housing, nursing homes, or
other suitable facilities or services when appropriate
as emergency short-term shelters or measures for
older individuals who are the victims of elder abuse,
including domestic violence, and sexual assault,
against older individuals; and
‘‘(14) promote research on legal, organizational,
or training impediments to providing services to
older individuals through shelters, such as impedi-
ments to provision of the services in coordination
with delivery of health care or senior services.’’.
SEC. 605–6. AUTHORIZATION OF APPROPRIATIONS.
(a) OMBUDSMAN PROGRAM.—Section 702(a) of the
Older Americans Act of 1965 (42 U.S.C. 3058a(a)) is
amended to read as follows:
156
‘‘(a) OMBUDSMAN PROGRAM.—There are authorized
to be appropriated to carry out chapter 2 such sums as
may be necessary without fiscal year limitation.’’.
(b) ELDER ABUSE PREVENTION PROGRAM.—Section
702(b) of the Older Americans Act of 1965 (42 U.S.C.
3058a(b)) is amended to read as follows:
‘‘(b) PREVENTION OF ELDER ABUSE, NEGLECT, AND
EXPLOITATION.—There are authorized to be appropriated
to carry out chapter 3 such sums as may be necessary
without fiscal year limitation.’’.
SEC. 605–7. COMMUNITY INITIATIVES AND OUTREACH.
Title VII of the Older Americans Act of 1965 (42
U.S.C. 3058 et seq.) is amended—
(1) by redesignating subtitle C as subtitle D;
(2) by redesignating sections 761 through 764
as sections 771 through 774, respectively; and
(3) by inserting after subtitle B the following:
‘‘Subtitle C—Community Initiatives
and Outreach
‘‘SEC. 761. COMMUNITY INITIATIVES TO COMBAT ELDER
ABUSE, NEGLECT, AND EXPLOITATION.
‘‘The Secretary shall make grants to nonprofit pri-
vate organizations to support projects in local commu-
nities, involving diverse sectors of each community, to co-
ordinate activities concerning intervention in and preven-
157
tion of elder abuse, neglect, and exploitation, including do-
mestic violence, and sexual assault, against older individ-
uals.
‘‘SEC. 762. OUTREACH TO OLDER INDIVIDUALS.
‘‘The Secretary shall make grants to develop and im-
plement outreach programs directed toward assisting older
individuals who are victims of elder abuse, neglect, and
exploitation (including domestic violence, and sexual as-
sault, against older individuals), including programs di-
rected toward assisting the individuals in senior housing
complexes and senior centers.
‘‘SEC. 763. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subtitle such sums as may be necessary without fiscal
year limitation.’’.
CHAPTER 4—PUBLIC HEALTH SERVICE
ACT
SEC. 606–1. SHORT TITLE.
This title may be cited as the ‘‘Elder Abuse Identi-
fication and Referral Act of 1998’’.