I
106TH CONGRESS
1ST SESSION
H. R. 357
To prevent violence against women, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1999
Mr. CONYERS (for himself, Mrs. MORELLA, Ms. ROYBAL-ALLARD, Mr. ABER-
CROMBIE, Mr. ACKERMAN, Mr. ALLEN, Mr. ANDREWS, Mr. BALDACCI,
Ms. BALDWIN, Mr. BARRETT
of Wisconsin, Mr. BISHOP, Mr.
BLAGOJEVICH, Mr. BLUMENAUER, Ms. BROWN of Florida, Mr. BROWN
of California, Mr. BOUCHER, Mr. CAPUANO, Ms. CARSON, Mrs. CLAYTON,
Mr. CLEMENT, Mr. COSTELLO, Mr. CRAMER, Mr. CUMMINGS, Ms.
DEGETTE, Ms. DELAURO, Mr. DELAHUNT, Mr. DEUTSCH, Mr. EVANS,
Mr. FARR of California, Mr. FILNER, Mr. FOLEY, Mr. FORD, Mr.
GEJDENSON, Mr. GEPHARDT, Mr. GILMAN, Mr. GONZALEZ, Mr. GREEN
of Texas, Mr. HINCHEY, Mr. HINOJOSA, Ms. JACKSON-LEE of Texas, Mr.
JEFFERSON, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. KENNEDY of
Rhode Island, Ms. KILPATRICK, Mr. LANTOS, Mr. LEACH, Mr. LEWIS of
Georgia, Ms. LOFGREN, Mrs. LOWEY, Mrs. MCCARTHY of New York, Mr.
MCDERMOTT, Mrs. MALONEY of New York, Mr. MARKEY, Mr. MEEHAN,
Mrs. MEEK of Florida, Ms. MILLENDER-MCDONALD, Mr. GEORGE MIL-
LER of California, Mrs. MINK of Hawaii, Mr. MOAKLEY, Mr. MORAN of
Virginia, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEAL of Massachusetts,
Ms. NORTON, Mr. PALLONE, Mr. PASCRELL, Mr. PASTOR, Mr. PAYNE,
Ms. PELOSI, Mr. POMEROY, Mr. RODRIGUEZ, Mr. ROMERO-BARCELO´,
Mr. RUSH, Mr. SANDERS, Mr. SANDLIN, Mr. SHERMAN, Ms. SLAUGH-
TER, Mr. STARK, Mrs. THURMAN, Mr. UNDERWOOD, Mr. VENTO, Mr.
VISCLOSKY, Ms. WATERS, Mr. WAXMAN, Mr. WEINER, Mr. WEYGAND,
Mr. WISE, Ms. WOOLSEY, and Mr. WYNN) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committees on Education and the Workforce, Ways and Means,
Commerce, Banking and Financial Services, Armed Services, and Govern-
ment Reform, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
Subtitle G—Rural Domestic Violence and Child Abuse Enforcement
Sec. 161. Reauthorization.
Sec. 162. Technical amendments.
Subtitle H—National Stalker and Domestic Violence Reduction
Sec. 171. Technical amendments.
Sec. 172. Reauthorization.
Subtitle I—Federal Victims’ Counselors
Sec. 181. Reauthorization.
Subtitle J—Education and Prevention Grants To Reduce Sexual Abuse of
Runaway, Homeless, and Street Youth
Sec. 191. Reauthorization.
Sec. 192. Dissemination of information.
Subtitle K—Victims of Child Abuse Programs
Sec. 193. Reauthorization of court-appointed special advocate program.
Sec. 194. Reauthorization of child abuse training programs for judicial person-
nel and practitioners.
Sec. 195. Reauthorization of grants for televised testimony.
Sec. 196. Dissemination of information.
TITLE II—LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN
Sec. 201. Findings.
Subtitle A—Safe Havens for Children
Sec. 211. Purposes.
Sec. 212. Grants to provide for supervised visitation centers.
Subtitle B—Violence Against Women Prevention in Schools
Sec. 221. Grants for violence against women prevention in schools.
Subtitle C—Family Safety
Sec. 231. Short title.
Sec. 232. Findings and purposes.
Sec. 233. Defense to criminal custodial interference or parental abduction
charge.
Sec. 234. Full faith and credit given to child custody determinations.
Subtitle D—Domestic Violence and Children
Sec. 241. Child custody, child abuse, and victims of domestic violence.
Subtitle E—Child Welfare Worker Training on Domestic Violence and Sexual
Assault
Sec. 251. Child welfare worker training on domestic violence and sexual assault.
Subtitle F—Child Abuse Accountability
Sec. 261. Short title.
Sec. 262. Amendments to Title I of the Employee Retirement Income Security
Act of 1974.
Sec. 263. Amendments to the Internal Revenue Code of 1986.
Sec. 264. Effective date.
TITLE III—SEXUAL ASSAULT PREVENTION
Subtitle A—Rape Prevention Education
Sec. 301. Transfer of rape prevention and education program.
Sec. 302. Rape prevention education.
Subtitle B—Standards, Practice, and Training for Sexual Assault
Examinations
Sec. 311. Short title.
Sec. 312. Standards, practice, and training for sexual assault forensic examina-
tions.
Subtitle C—Violence Against Women Training for Health Professions
Sec. 331. Short title.
Sec. 332. Establishment, for certain health professions programs, of provisions
regarding domestic violence and sexual assault.
Subtitle D—Prevention of Custodial Sexual Assault by Correctional Staff
Sec. 341. Short title.
Sec. 342. Findings.
Sec. 343. Establishment of prevention program.
Sec. 344. Prohibited sexual conduct by correctional staff.
Sec. 345. National sexual contact hotline for prisoners.
Sec. 346. Definitions.
Subtitle E—Hate Crimes Prevention
Sec. 351. Short title.
Sec. 352. Findings.
Sec. 353. Definition of hate crime.
Sec. 354. Prohibition of certain acts of violence.
Sec. 355. Duties of Federal Sentencing Commission.
Sec. 356. Grant program.
Sec. 357. Authorization for additional personnel to assist State and local law
enforcement.
Subtitle F—Rescheduling and Classification of Date-Rape Drugs
Sec. 361. Reclassification of date-rape drug.
Sec. 362. Classification of date-rape drugs.
Subtitle G—Access to Safety and Advocacy for Victims of Sexual Assault
Sec. 371. Purpose.
Sec. 372. Grants to improve access to the justice system.
Sec. 373. Application.
Sec. 374. Funding.
Sec. 375. Definitions.
TITLE IV—DOMESTIC VIOLENCE PREVENTION
Subtitle A—Domestic Violence and Sexual Assault Victims’ Housing
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Authorization of appropriations.
Sec. 404. Use of amounts for housing assistance for victims of domestic vio-
lence, stalking, or adult or child sexual assault.
Sec. 405. Definitions.
Subtitle B—Full Faith and Credit for Protection Orders
Sec. 411. Full faith and credit for protection orders.
Sec. 412. Grant program.
Subtitle C—Victims of Abuse Insurance Protection
Sec. 421. Short title.
Sec. 422. Definitions.
Sec. 423. Discriminatory acts prohibited.
Sec. 424. Insurance protocols for subjects of abuse.
Sec. 425. Reasons for adverse actions.
Sec. 426. Life insurance.
Sec. 427. Subrogation without consent prohibited.
Sec. 428. Enforcement.
Sec. 429. Effective date.
Subtitle D—National Summit on Sports and Violence
Sec. 431. Sense of the Congress that a national summit of sports, political,
community, and media leaders should be promptly convened to
develop a multifaceted action plan to deter acts of violence, es-
pecially domestic violence and sexual assault.
Subtitle E—Keeping Firearms From Intoxicated Persons
Sec. 441. Prohibition against transfer of a firearm to, and possession of a fire-
arm by, a person who is intoxicated.
Subtitle F—Access to Safety and Advocacy
Sec. 451. Short title.
Sec. 452. Purpose.
Sec. 453. Grants to improve access to the justice system.
Sec. 454. Application.
Sec. 455. Funding.
Sec. 456. Provision of technical assistance and training.
Sec. 457. Evaluation of access to safety and advocacy grants.
Sec. 458. Definitions.
Subtitle G—Strengthening Enforcement To Reduce Violence Against Women
Sec. 461. Amendments to domestic violence and stalking offenses.
Subtitle H—Disclosure Protections
Sec. 471. Disclosure protections under the child support program.
TITLE V—VIOLENCE AGAINST WOMEN IN THE MILITARY SYSTEM
Subtitle A—Civilian Jurisdiction for Crimes of Sexual Assault and Domestic
Violence
Sec. 501. Criminal offenses committed outside the United States by persons ac-
companying the Armed Forces.
Sec. 502. Records of military justice actions.
Subtitle B—Transitional Compensation for Abused Dependents of Members of
the Armed Forces
Sec. 511. Transitional compensation.
Subtitle C—Confidentiality of Records
Sec. 521. Confidentiality of records.
TITLE VI—PREVENTING VIOLENCE AGAINST WOMEN IN
TRADITIONALLY UNDERSERVED COMMUNITIES
Subtitle A—Older Women’s Protection From Violence
Sec. 601. Short title.
Sec. 602. Findings.
CHAPTER 1—VIOLENCE AGAINST WOMEN ACT OF 1994
Sec. 603. Elder abuse, neglect, and exploitation.
CHAPTER 2—FAMILY VIOLENCE PREVENTION AND SERVICES ACT
Sec. 604. Definitions.
Sec. 605. Domestic violence services for older individuals.
Sec. 606. Demonstration grants for community initiatives.
CHAPTER 3—OLDER AMERICANS ACT OF 1965
Sec. 607. Definitions.
Sec. 608. Research about the sexual assault of women who are older individ-
uals.
Sec. 609. State long-term care ombudsman program.
Sec. 610. Training for health professionals, and other providers of services to
older individuals, on screening for elder abuse, neglect, and ex-
ploitation.
Sec. 611. Domestic violence shelters and programs for older individuals.
Sec. 612. Authorization of appropriations.
Sec. 613. Community initiatives and outreach.
CHAPTER 4—PUBLIC HEALTH SERVICE ACT
Sec. 614. Short title.
Sec. 615. Establishment, for certain health professions programs, of provisions
regarding identification and referral for elder abuse and ne-
glect.
Sec. 616. Area health education centers.
Sec. 617. Geriatric centers and training.
Subtitle B—Protections Against Violence and Abuse for Women With
Disabilities
Sec. 620. Short title.
Sec. 621. Findings.
Sec. 622. Omnibus Crime Control and Safe Streets Act of 1968.
Sec. 623. Family Violence Prevention and Services Act.
Sec. 624. Violence Against Women Act.
Sec. 625. Training programs for social service and health providers.
Sec. 626. Training for health professionals on screening for abuse of women
with disabilities.
Sec. 627. Research about sexual abuse and violence against women with disabil-
ities.
Sec. 628. Grants for technical assistance.
Subtitle C—Battered Immigrant Women
Sec. 630. Findings and purposes.
Sec. 631. VAWA Restoration Act.
Sec. 632. Remedying problems with implementation of the Violence Against
Women Act’s immigration provisions.
Sec. 633. Waivers and exceptions to inadmissibility for otherwise qualified bat-
tered immigrants.
Sec. 634. Calculation of physical presence in VAWA cancellation of removal
and suspension of deportation.
Sec. 635. Improved access to VAWA immigration protections for battered im-
migrant women.
Sec. 636. Improved access to VAWA cancellation of removal.
Sec. 637. Good moral character determinations.
Sec. 638. Battered Immigrant Women’s Economic Security Act.
Sec. 639. Access to Legal Services Corporation funds.
Sec. 640. Violence Against Women Act training for INS officers, immigration
judges, and civil and criminal court justice system personnel.
Sec. 641. Protection for certain victims of crimes against women.
Subtitle D—Conforming Amendments to the Violence Against Women Act
Sec. 651. Law enforcement and prosecution grants.
Sec. 652. Family Violence Prevention and Services Act.
TITLE VII—VIOLENCE AGAINST WOMEN AND THE WORKPLACE
Sec. 701. Findings.
Subtitle A—National Clearinghouse on Domestic Violence and Sexual Assault
and the Workplace Grant
Sec. 711. National Clearinghouse on Domestic Violence and Sexual Assault and
the Workplace grant.
Subtitle B—Victims’ Employment Rights
Sec. 721. Short title.
Sec. 722. Purposes.
Sec. 723. Definitions.
Sec. 724. Prohibited discriminatory acts.
Sec. 725. Enforcement.
Sec. 726. Attorney’s fees.
Subtitle C—Workplace Violence Against Women Prevention Tax Credit
Sec. 731. Short title.
Sec. 732. Credit for costs to employers of implementing workplace safety pro-
grams to combat violence against women.
Subtitle D—Battered Women’s Employment Protection
Sec. 741. Short title.
Sec. 742. Purposes.
Sec. 743. Unemployment compensation.
Sec. 744. Entitlement to leave for addressing domestic violence for non-Federal
employees.
Sec. 745. Entitlement to leave for addressing domestic violence for Federal em-
ployees.
Sec. 746. Existing leave usable for domestic violence.
Sec. 747. Effect on other laws and employment benefits.
Sec. 748. Effective date.
Subtitle E—Education and Training Grants To Promote Responses to
Violence Against Women
Sec. 751. Education and Training Grants To Promote Appropriate Responses
to Violence Against Women.
Subtitle F—Workers’ Compensation
Sec. 761. Sense of Congress regarding workplace violence against women and
workers’ compensation.
TITLE VIII—VIOLENCE AGAINST WOMEN INTERVENTION,
PREVENTION, AND EDUCATION RESEARCH
Sec. 801. Violence against women intervention, prevention, and education re-
search.
SEC. 2. DEFINITIONS.
For purposes of this Act—
(1) DOMESTIC VIOLENCE.—The term ‘‘domestic
violence’’ includes acts or threats of violence, not in-
cluding acts of self-defense, committed by a current
or former spouse of the victim, by a person with
whom the victim shares a child in common, by a per-
son who is cohabiting with or has cohabited with the
victim, by a person who is or has been in a continu-
ing social relationship of a romantic or intimate na-
ture with the victim, by a person similarly situated
to a spouse of the victim under the domestic or fam-
ily violence laws of the jurisdiction, or by any other
person against a victim who is protected from that
person’s acts under the domestic or family violence
laws of the jurisdiction.
(2) INDIAN COUNTRY.—The term ‘‘Indian coun-
try’’ has the same meaning as is given such term by
section 1151 of title 18, United States Code.
(3) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and terri-
torial jurisdiction of the United States or in a Fed-
eral prison and includes both assaults committed by
offenders who are strangers to the victim and as-
saults committed by offenders who are known to the
victim or related by blood or marriage to the victim.
(4) STALKING.—The term ‘‘stalking’’ means
engaging in a course of conduct directed at a spe-
cific person that would cause a reasonable person to
fear death, sexual assault, or bodily injury to such
person or a member of such person’s immediate
family, when the person engaging in such conduct
has knowledge or should have knowledge that the
specific person will be placed in reasonable fear of
death, sexual assault, or bodily injury to such person
or a member of such person’s immediate family and
when the conduct induces fear in the specific person
of death, sexual assault, or bodily injury to such per-
son or a member of such person’s immediate family.
TITLE I—CONTINUING THE COM-
MITMENT OF THE VIOLENCE
AGAINST WOMEN ACT
Subtitle A—Law Enforcement and
Prosecution Grants To Combat
Violence Against Women
SEC. 101. REAUTHORIZATION.
Section 1001(a)(18) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(18)) is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (E);
(2) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; and’’; and
(3) by inserting after subparagraph (F) the fol-
lowing:
‘‘(G) $185,000,000 for fiscal year 2001;
‘‘(H) $185,000,000 for fiscal year 2002;
‘‘(I) $185,000,000 for fiscal year 2003; and
‘‘(J) $195,000,000 for fiscal year 2004.’’.
SEC. 102. TECHNICAL AMENDMENTS.
(a) Section 2002(c)(3) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg–1(c)(3))
is amended to read as follows:
‘‘(3) up to 20 percent to be allocated to law en-
forcement, up to 20 percent to prosecution grants,
at least 35 percent to victims’ services, and at least
10 percent to State court systems; and’’.
(b) Section 2002(e) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg–1(e))
is amended by adding at the end the following new para-
graph:
‘‘(3) REALLOTMENT OF FUNDS.—
‘‘(A) If, at the end of the 9th month of
any fiscal year for which funds are appropriated
under section 1001(a)(18), the amounts made
available are unspent or unobligated, such
unspent or unobligated funds shall be reallotted
to the current fiscal year recipients in the vic-
tim 
services 
area 
pursuant 
to 
section
2002(c)(3)) proportionate to their original allot-
ment for the current fiscal year.
‘‘(B) For the first 2 fiscal years following
the date of the enactment of the Violence
Against Women Act of 1999, the Attorney Gen-
eral may waive the qualification requirements of
section 2002(c), at the request of the State and
with the support of law enforcement, prosecu-
tion, and victims’ services grantees currently
funded under this section, if the reallocation of
funds among law enforcement, prosecution, vic-
tims’ services and State court systems man-
dated by this Act adversely impacts victims of
sexual assault, domestic violence, and stalking,
due to the reduction of funds to programs and
services funded under this section in the prior
fiscal year.’’.
(c) Section 2001(b) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(6); and
(2) by redesignating paragraph (7) as para-
graph (10) and by inserting after paragraph (6) the
following new paragraphs:
‘‘(7) developing, enlarging, or strengthening
State court programs, including training for State,
local, and tribal judges and court personnel, address-
ing violent crimes against women, including sexual
assault, domestic violence, and stalking;
‘‘(8) training of sexual assault forensic nurse
examiners in the collection and preservation of evi-
dence, analysis, prevention, and providing expert tes-
timony and treatment of trauma related to sexual
assault; and
‘‘(9) supporting the development of sexual as-
sault response teams to strengthen the investigation
of sexual assaults and coordinate services for victims
of sexual assault.’’.
(d) Section 2002 of Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg–1) is amended by
redesignating subsections (e), (f), (g), and (h) as sub-
sections (f), (g), (h), and (i), respectively, and by inserting
after subsection (d) the following:
‘‘(e) MONITORING AND COMPLIANCE.—The Attorney
General shall deny applications—
‘‘(1) that do not meet the requirements set
forth in subsections (c) and (d); and
‘‘(2) for failure to provide documentation, in-
cluding memoranda of understanding, contract, or
other document of any collaborative efforts with
other agencies or organizations.’’.
(e) Section 2003(8) of Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg–2(8)) is
amended by striking ‘‘assisting domestic violence or sexual
assault victims through the legal process’’ and inserting
‘‘providing advocacy and assistance for victims seeking
legal, social, and health care services’’, and inserting be-
fore the period the following: ‘‘, except that such term
shall not include programs or activities that are targeted
primarily for offenders’’.
(f) Section 2002(b)(1) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg–1(b)(1))
is amended by striking ‘‘4 percent’’ and inserting ‘‘5 per-
cent’’.
(g) Section 2005(b)(3) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4(b)(3))
is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C);
(2) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; and’’; and
(3) by inserting after subparagraph (D) the fol-
lowing:
‘‘(E) the reimbursement is not contingent
upon the victim’s report of the sexual assault to
law enforcement or upon the victim’s coopera-
tion in the prosecution of the sexual assault.’’.
(h) Section 2006(a)(1) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg–5(a)(1))
is amended by inserting ‘’civil or criminal’’ before ‘‘protec-
tion order’’.
SEC. 103. STATE COALITION GRANTS.
Section 2001 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg) is amended by
inserting after subsection (b) the following new subsection:
‘‘(c)(1) PURPOSE.—The Attorney General shall make
grants to each of the State domestic violence and sexual
assault coalitions in the State for the purposes of coordi-
nating State victim services activities, and collaborating
and coordinating with Federal, State, and local entities
engaged in violence against women activities. In no case
will such awards preclude the State domestic violence and
sexual assault coalitions from receiving grants under this
part T to fulfill the purposes described in subsections (a)
and (b).
‘‘(2) GRANTS TO COALITIONS.—Five percent of the
funds appropriated for a fiscal year under section
1001(a)(18) shall be made available for grants to domestic
violence and sexual assault coalitions for the purposes de-
scribed in paragraph (1).
‘‘(3) GEOGRAPHICAL ALLOTMENT.—
‘‘(A) AMOUNT.—The domestic violence and sex-
ual assault coalition in each State, the District of
Columbia, the Commonwealth of Puerto Rico, and
the combined United States Territories shall each
receive an amount equal to 1⁄54 of the amount made
available under paragraph (2). The combined United
States Territories shall not receive less than 1.5 per-
cent of the funds made available under paragraph
(2) for each fiscal year and the tribal domestic vio-
lence and sexual assault coalitions shall not receive
less than 1.5 percent of the funds made available
under paragraph (2) for each fiscal year.
‘‘(B) DEFINITION.—For the purposes of this
section, the term ‘combined United States Terri-
tories’ means Guam, American Samoa, the United
States Virgin Islands, the Northern Mariana Is-
lands, and the Trust Territory of the Pacific Islands.
‘‘(C) INDIANS.—1⁄54
of the amount appro-
priated shall be made available for development and
operation of nonprofit nongovernmental tribal do-
mestic violence and sexual assault coalitions in In-
dian country. The term ‘‘Indian country’’ has the
same meaning as is given such term by section 1151
of title 18, United States Code.
‘‘(4) DISBURSEMENT
OF GEOGRAPHICAL ALLOT-
MENTS.—Fifty percent of the 1⁄54 allotted to each State,
the District of Columbia, Commonwealth of Puerto Rico,
the combined United States Territories, and Indian coun-
try under paragraph (3) shall be made available to the
domestic violence coalition as defined in the Family Vio-
lence Prevention and Services Act (42 U.S.C. 10410 et
seq.) and fifty percent shall be made available to the sex-
ual assault coalition as defined under the Public Health
Service Act; and
‘‘(5) COMPONENT ELIGIBILITY.—In the case of com-
bined domestic violence and sexual assault coalitions, each
component shall be deemed eligible for the awards for sex-
ual assault and domestic violence activities, respectively.’’.
Subtitle B—National Domestic
Violence Hotline
SEC. 111. REAUTHORIZATION.
Section 316(f)(1) of the Family Violence Prevention
and Services Act (42 U.S.C. 10416(f)(1)) is amended to
read as follows:
‘‘(1) IN GENERAL.—There are authorized to be
appropriated to carry out the purposes of this
section—
‘‘(A) $1,600,000 for fiscal year 2000;
‘‘(B) $1,800,000 for fiscal year 2001;
‘‘(C) $2,000,000 for fiscal year 2002;
‘‘(D) $2,000,000 for fiscal year 2003; and
‘‘(E) $2,000,000 for fiscal year 2004.’’.
SEC. 112. TECHNICAL AMENDMENTS.
Section 316 of the Family Violence Prevention and
Services Act (42 U.S.C. 10416) is amended by redesignat-
ing subsection (f) as subsection (g) and by inserting after
subsection (e) the following:
‘‘(f) Within 90 days after the date of the enactment
of the Violence Against Women Act of 1999, all entities
receiving funds pursuant to activities under subsection (a)
shall prepare and submit a report to the Secretary that
evaluates the effectiveness of the use of amounts received
under such grants by such grantee and containing such
other information as the Secretary may prescribe. The
Secretary shall publish any such reports and provide at
least 90 days for notice and opportunity for public com-
ment prior to awarding or renewing any such grants.’’.
Subtitle C—Battered Women’s
Shelters and Services
SEC. 121. SHORT TITLE.
This subtitle may be cited as the ‘‘Battered Women’s
Shelters and Services Act’’.
SEC. 122. AUTHORIZATION OF APPROPRIATIONS FOR FAM-
ILY VIOLENCE PREVENTION AND SERVICES.
Section 310(a) of the Family Violence Prevention and
Services Act (42 U.S.C. 10409(a)) is amended to read as
follows:
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to carry out this title—
‘‘(1) $120,000,000 for fiscal year 2000;
‘‘(2) $160,000,000 for fiscal year 2001;
‘‘(3) $200,000,000 for fiscal year 2002;
‘‘(4) $260,000,000 for fiscal year 2003; and
‘‘(5) $260,000,000 for fiscal year 2004.’’.
SEC. 123. FVPSA IMPROVEMENTS.
(a) Section 304(a) of the Family Violence Prevention
and Services Act (42 U.S.C. 10403(a)) is amended—
(1) by inserting after ‘‘grant authorized under
section 303(a)’’ the following: ‘‘$500,000, with the
remaining funds to be allotted to each State in’’;
(2) by striking paragraph (1), by striking the
dash preceding paragraph (1), by striking ‘‘(2)’’,
and by running in the text of paragraph (2) after
‘‘except that’’;
(3) by striking the last sentence.
(b) Section 304(d) of the Family Violence Prevention
and Services Act (42 U.S.C. 10403(d)) is amended—
(1) by inserting after ‘‘to such State in grants
under section 303(a)’’ the following: ‘‘or Indian tribe
or tribal organization under section 303(b)’’;
(2) by inserting after ‘‘failure of such State’’
the following: ‘‘or Indian tribe or tribal organization,
or other entity’’;
(3) by inserting after ‘‘such amount to States’’
the following: ‘‘and Indian tribes and tribal organi-
zations’’;
(4) by inserting after ‘‘which meet such require-
ments’’ the following: ‘‘proportionate to the original
allocation made under subsection (a) or (b) of sec-
tion 303, respectively’’; and
(5) by redesignating paragraph (2) as para-
graph (3) and adding after paragraph (1) the follow-
ing:
‘‘(2) If, at the end of the sixth month of any fiscal
year for which sums are appropriated under section 310,
the amount allotted to an entity has not been made avail-
able to such entity in grants under sections 308 and 311
because of the failure of such entity to meet the require-
ments for a grant or because the limitation on expenditure
has been reached, then the Secretary shall reallot such
amount to States and Indian tribes and tribal organiza-
tions that meet such requirements proportionate to the
original allocation under subsection (a) or (b) of section
303, respectively.’’
(c) Section 308(a)(2) of the Family Violence Preven-
tion and Services Act (42 U.S.C. 10407(a)(2)) is amended
by adding ‘‘on providing training and technical assistance’’
after ‘‘focusing’’, and by adding at the end the following:
‘‘The Secretary may award grants to nonprofit, non-
governmental organizations for technical assistance and
training initiatives on the subjects identified in subsection
(c) if such initiatives do not duplicate the work of the enti-
ties funded under subsection (c) and the total amounts
awarded for such initiatives do not exceed $500,000.’’
(d) Section 308(c) of the Family Violence Prevention
and Services Act (42 U.S.C. 10407(c)) is amended by add-
ing ‘‘on emerging issues in domestic violence service, pre-
vention, or law and’’ after ‘‘service providers, and’’, by
striking ‘‘domestic violence service, prevention, or law’’
after ‘‘following areas’’, and by adding after paragraph (7)
the following:
‘‘(8) Providing technical assistance and training
to local domestic violence programs that provide
shelter or related assistance.
‘‘(9) Improving access to services, information,
and training within Indian tribes and tribal organi-
zations.
‘‘(10) Responding to emerging issues in the
field of domestic violence that the Secretary may
identify in consultation with advocates representing
local programs providing shelter or related assist-
ance, State domestic violence coalitions, and national
domestic violence organizations.
‘‘(11) Nothing in this section shall prohibit the
Secretary from making multiple grants to any non-
profit, nongovernmental entity to fulfill the purposes
of this section.’’.
(e) Section 309(1)(B) of the Family Violence Preven-
tion and Services Act (42 U.S.C. 10408(1)(B)) is amend-
ed by inserting ‘‘, with whom such person is or has been
in a continuing social relationship of a romantic or inti-
mate nature,’’ before ‘‘or with whom’’.
(f) Section 309 of such Act (42 U.S.C. 10408) is
amended by adding at the end the following:
‘‘(7) The term ‘Indian country’ has the same
meaning as is given such term by section 1151 of
title 18, United States Code.’’.
(g) Section 310(c) of the Family Violence Prevention
and Services Act (42 U.S.C. 10409(c)) is amended by add-
ing after ‘‘for each fiscal year,’’ the following: ‘‘the lesser
of $7,500,000 or’’.
(h) Section 310(d) of the Family Violence Prevention
and Services Act (42 U.S.C. 10409(d)) is amended by
striking ‘‘not less than’’ and inserting ‘‘the lesser of
$22,000,000 or’’ and by adding at the end the following:
‘‘At such time as the appropriation under this subsection
exceeds $11,000,000, the Secretary shall designate that
of the amounts appropriated under this subsection up to
20 percent of such funds shall be made available in the
amounts necessary to State domestic violence coalitions
for the specific purpose of providing technical assistance
and training and direct assistance in the following areas
or other priorities that may be determined by the Sec-
retary in consultation with State domestic violence coali-
tions and programs that provide shelter or related assist-
ance:
‘‘(1) MODEL LEADERSHIP GRANTS FOR DOMES-
TIC
VIOLENCE
INTERVENTION
IN
UNDERSERVED
COMMUNITIES.—The Secretary shall award grants of
up to 3 years to not more than 10 State and tribal
domestic violence coalitions and not more than 10
local domestic violence programs providing shelter or
related assistance to develop model strategies to ad-
dress domestic violence in underserved populations
as defined in section 2003(7) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg–2(7)). Such grants shall be made to assess
the needs of underserved populations in the State or
Indian country; build collaborative relationships with
community-based organizations serving underserved
populations; and develop and implement model com-
munity intervention strategies to decrease the inci-
dence of domestic violence in underserved popu-
lations.
‘‘(A) ELIGIBILITY.—To be eligible for a 1-
year model leadership grant under this para-
graph, an applicant shall demonstrate—
‘‘(i) a plan for assessing the needs of
underserved populations and identifying a
specific population for development of an
intervention strategy in the year of the
grant; and
‘‘(ii) inclusion of representatives from
community-based organizations in under-
served communities in planning, designing,
and disseminating the needs assessment
instruments.
‘‘(B) ELIGIBILITY FOR CONTINUED FUND-
ING.—To be eligible for continued funding of
up to 2 additional years, an applicant shall
provide—
‘‘(i) a plan for implementing the
model strategies which includes collabo-
rative partnerships with community-based
organizations within the underserved popu-
lations identified; and
‘‘(ii) a plan for disseminating the
model strategy throughout the State or In-
dian country, or to other States during
year 3 of the grant.
‘‘(C) 
PRIORITY
FOR
COLLABORATIVE
FUNDING.—In awarding grants under this sec-
tion, the Secretary shall give preference to
State and tribal domestic violence coalitions and
local domestic violence shelters and programs
that submit applications in collaboration with
community-based organizations serving under-
served populations. A grant may not be made
under this subsection in an amount less than
$100,000 for each fiscal year.
‘‘(2) DIRECT EMERGENCY ASSISTANCE TO VIC-
TIMS OF DOMESTIC VIOLENCE.—
‘‘(A) IN
GENERAL.—The Secretary shall
award grants to each State and tribal domestic
violence coalition for the purpose of administer-
ing an emergency assistance fund for victims of
domestic violence. Funds received under this
paragraph may be used only to provide emer-
gency assistance directly to victims of domestic
violence who are in the process of fleeing an
abusive situation. Emergency assistance shall
include transportation, housing, and other ex-
penses associated with relocation. Funds shall
be requested by domestic violence shelters and
programs on behalf of victims.
‘‘(B) APPLICATION.—Prior to receipt of
emergency assistance funds under this para-
graph, the State or tribal domestic violence coa-
lition shall provide to the Secretary—
‘‘(i) a detailed description of the proc-
ess for receiving and reviewing applications
for emergency assistance;
‘‘(ii) a detailed description of the
process for notifying domestic violence
shelters and programs about the availabil-
ity of emergency assistance funds;
‘‘(iii) an application form that in-
cludes the type of assistance requested, a
statement of need for the funds, a state-
ment about the impact of the funds on the
victim’s ability to escape domestic violence,
and other such information that would be
helpful in disbursing emergency assistance
funds;
‘‘(iv) the process used to make pay-
ments to recipients; and
‘‘(v) a statement of procedures used
to protect the confidentiality of recipients.
‘‘(C) REPORTING.—The State or tribal do-
mestic violence coalition shall file an annual re-
port to the Secretary describing the distribution
of funds to victims of domestic violence by type
and amount of assistance provided. For reasons
of safety and confidentiality, such report shall
not contain individually identifying information.
‘‘(3) TECHNICAL
ASSISTANCE
AND
TRAINING
FOR
STATE, LOCAL, AND
TRIBAL
DOMESTIC
VIO-
LENCE PROGRAMS.—
‘‘(A) IN
GENERAL.—The Secretary shall
award grants to a State or tribal domestic vio-
lence coalition or coalitions for the purpose of
providing training and technical assistance for
State and tribal domestic violence coalitions and
other nonprofit, nongovernmental State, local,
and tribal domestic violence programs. Funds
received under this section shall be used to con-
duct regional training and technical assistance
initiatives to be developed and implemented by
a nonprofit, nongovernmental State or tribal
domestic violence coalition or coalitions within
each of the regions administered by the Depart-
ment of Health and Human Services. Funds
shall be used to prioritize, plan, and implement
solutions to regional problems experienced by
domestic violence coalitions and programs pro-
viding shelter or related assistance within the
region.
‘‘(B) ELIGIBILITY.—To be eligible for
funding under this paragraph the grantee shall
have the support of the majority of State and
tribal domestic violence coalitions within the re-
gion and shall have its principal place of oper-
ation within the region. Nothing in this section
shall prohibit domestic violence programs within
Indian tribes from receiving technical assistance
and training under this grant program. Grant-
ees shall be encouraged to work in collaboration
with domestic violence advocates and organiza-
tions outside of the region and with the na-
tional resource center and special issue resource
centers established in this Act to provide exper-
tise in delivering training and technical assist-
ance within the region.
‘‘(C) REPORTING.—The grantee State or
tribal domestic violence coalition or coalitions
shall file an annual report to the Secretary de-
scribing the recipients and the type of technical
assistance and training received.’’.
(i) Section 308(e) of the Family Violence Prevention
and Services Act (42 U.S.C. 10407(e)) is amended by add-
ing at the end the following: ‘‘Within 90 days after the
date of the enactment of the Violence Against Women Act
of 1999, all entities receiving funds pursuant to activities
under this section shall prepare and submit a report to
the Secretary that evaluates the effectiveness of the use
of amounts received under such grants by such grantee
and containing such other information as the Secretary
may prescribe. The Secretary shall publish any such re-
ports and provide at least 90 days for notice and oppor-
tunity for public comment prior to awarding or renewing
any such grants.’’.
(j) Section 307(a) of the Family Violence Prevention
and Services Act (42 U.S.C. 10402(a)) is amended by
adding at the end the following:
‘‘(3) The Secretary shall deny any application that
fails to provide documentation, including memoranda of
understanding, of the specific involvement of the State or
tribal domestic violence coalition and other knowledgeable
individuals and interested organizations, in the develop-
ment of the State or tribe’s application.’’.
(k) Section 303(b) of the Family Violence Prevention
Services Act (42 U.S.C. 10402(b)) is amended by adding
at the end the following:
‘‘(4) From the amounts made available under para-
graph (1), there shall be awarded by the Secretary not
less than 5 percent of such amounts for the funding of
tribal domestic violence coalitions. To be eligible for a
grant under this paragraph, an entity shall be a private
nonprofit coalition whose membership includes representa-
tives from a majority of the programs for victims of do-
mestic violence operating within the boundaries of an In-
dian reservation and programs whose primary purpose is
serving the populations of such Indian country and whose
board membership is representative of such programs.
Such coalitions shall further the purposes of domestic vio-
lence intervention and prevention through activities
including—
‘‘(A) training and technical assistance for
local Indian domestic violence programs and
providers of direct services to encourage appro-
priate responses to domestic violence in Indian
country;
‘‘(B) planning and conducting needs as-
sessments and planning for comprehensive serv-
ices in Indian country;
‘‘(C) serving as an information clearing-
house and resource center for the Indian res-
ervation represented by the coalition receiving
these funds;
‘‘(D) collaborating with Indian, State, and
Federal governmental systems which affect bat-
tered women in Indian country, including judi-
cial and law enforcement and child protective
services agencies, to encourage appropriate re-
sponses to domestic violence cases;
‘‘(E) conducting public education and out-
reach activities addressing domestic violence in
Indian country;
‘‘(F) collaborating with State domestic vio-
lence coalitions in the areas described above;
and
‘‘(G) participating in planning and mon-
itoring of the distribution of grants and grant
funds to the Indian reservation and tribal orga-
nizations under paragraph (1).’’
Subtitle D—Community Initiatives
SEC. 131. GRANTS FOR COMMUNITY INITIATIVES.
(a) Section 318(h) of the Family Violence Prevention
and Services Act (42 U.S.C. 10418(h)) is amended to read
as follows:
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this
section—
‘‘(1) $8,000,000 for fiscal year 2000;
‘‘(2) $9,000,000 for fiscal year 2001;
‘‘(3) $10,000,000 for fiscal year 2002;
‘‘(4) $11,000,000 for fiscal year 2003; and
‘‘(5) $12,000,000 for fiscal year 2004.’’.
(b) Subsection (i) of section 318 of the Family Vio-
lence Prevention and Services Act (42 U.S.C. 10418) is
amended by inserting the text of the subsection as a cut-
in paragraph (1) with the heading ‘‘IN GENERAL.—’’ and
by adding at the end the following:
‘‘(2) INFORMATION.—The Secretary shall annu-
ally compile and broadly disseminate (including
through electronic publication) information about
the use of funds and about the projects funded
under this section, including any evaluations of the
projects and information to enable replication and
adoption of the strategies identified in the projects.
Such dissemination shall target other community-
based programs, including domestic violence and
sexual assault programs.’’.
Subtitle E—Education and Train-
ing for Judges and Court Per-
sonnel
SEC. 141. REAUTHORIZATION.
(a) GRANTS FOR EDUCATION AND TRAINING FOR
JUDGES AND COURT PERSONNEL IN STATE COURTS.—
(1) Section 40412 of the Equal Justice for Women in the
Courts Act of 1994 (42 U.S.C. 13992) is amended—
(A) by striking ‘‘and’’ at the end of paragraph
(18);
(B) by striking the period at the end of para-
graph (19); and
(C) by inserting after paragraph (19) the fol-
lowing:
‘‘(20) the issues raised by domestic violence in
determining custody and visitation, including how to
protect the safety of the child and of a parent who
is not a predominant aggressor of domestic violence,
the legitimate reasons parents may report domestic
violence, the ways domestic violence may relate to an
abuser’s desire to seek custody, and evaluating ex-
pert testimony in custody and visitation determina-
tions involving domestic violence;
‘‘(21) the issues raised by child sexual assault
in determining custody and visitation, including how
to protect the safety of the child, the legitimate rea-
sons parents may report child sexual assault, and
evaluating expert testimony in custody and visitation
determinations involving child sexual assault, includ-
ing the current scientifically-accepted and empiri-
cally valid research on child sexual assault; and
‘‘(22) the extent to which addressing domestic
violence and victim safety contributes to the efficient
administration of justice.’’.
(2) Section 40414(a) of the Equal Justice for Women
in the Courts Act of 1994 (42 U.S.C. 13994(a)) is amend-
ed by inserting ‘‘and $1,500,000 for each of the fiscal
years 2000 through 2004’’ after ‘‘1996’’.
(b) GRANTS FOR EDUCATION AND TRAINING FOR
JUDGES
AND
COURT
PERSONNEL
IN
FEDERAL
COURTS.—(1) Section 40421(d) of the Equal Justice for
Women in the Courts Act of 1994 (42 U.S.C. 14001(d))
is amended to read as follows:
‘‘(d) MODEL PROGRAMS.—The Federal Judicial Cen-
ter, in carrying out section 620(b)(3) of title 28, United
States Code, shall include in the educational programs it
prepares, including the training programs for newly ap-
pointed judges, information on the aspects of the topics
listed in section 40412 that pertain to issues within the
jurisdiction of the Federal courts, and shall prepare mate-
rials necessary to implement this subsection.’’.
(2) Section 40422(2) of the Equal Justice for Women
in the Courts Act of 1994 (42 U.S.C. 14002(2)) is amend-
ed by inserting ‘‘and $500,000 for each of the fiscal years
2000 through 2004’’ after ‘‘1996’’.
(c) TECHNICAL AMENDMENTS TO THE EQUAL JUS-
TICE FOR WOMEN IN THE COURTS ACT OF 1994.—
(1) ENSURING COLLABORATION WITH DOMES-
TIC VIOLENCE AND SEXUAL ASSAULT PROGRAMS.—
Section 40413 of the Equal Justice for Women in
the Courts Act (42 U.S.C. 13993) is amended by
adding ‘‘including national, State, tribal, and local
domestic violence and sexual assault programs and
coalitions,’’ after ‘‘victim advocates’’.
(2) PARTICIPATION
OF
TRIBAL
COURTS
IN
STATE TRAINING AND EDUCATION PROGRAMS.—Sec-
tion 40411 of the Equal Justice for Women in the
Courts Act (42 U.S.C. 13991) is amended by adding
at the end the following: ‘‘Nothing shall preclude the
attendance of tribal judges and court personnel at
programs funded under this section for States to
train judges and court personnel on the laws of the
States.’’
(3) USE
OF
FUNDS
FOR
DISSEMINATION
OF
MODEL
PROGRAMS.—Section 40414 of the Equal
Justice for Women in the Courts Act (42 U.S.C.
13994) is amended by adding at the end the follow-
ing:
‘‘(c) The State Justice Institute may use up to 5 per-
cent of the funds appropriated under this section for annu-
ally compiling and broadly disseminating (including
through electronic publication) information about the use
of funds and about the projects funded under this section,
including any evaluations of the projects and information
to enable the replication and adoption of the projects.’’.
Subtitle F—Grants To Encourage
Arrest Policies
SEC. 151. DEFINITIONS.
Section 2105(1) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh–4(1)) is
amended to read as follows:
‘‘(1) the term ‘domestic violence’ includes acts
or threats of violence, not including acts of self-de-
fense, committed by a current or former spouse of
the victim, by a person with whom the victim shares
a child in common, by a person who is cohabiting
with or has cohabited with the victim, by a person
who is or has been in a continuing social relationship
of a romantic or intimate nature with the victim, by
a person similarly situated to a spouse of the victim
under the domestic or family violence laws of the ju-
risdiction, or by any other person against a victim
who is protected from that person’s acts under the
domestic or family violence laws of the jurisdiction.’’.
SEC. 152. REAUTHORIZATION.
Section 1001(a)(19) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by striking the period at the end of sub-
paragraph (C) and inserting a semicolon; and
(3) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) $63,000,000 for fiscal year 2000;
‘‘(E) $67,000,000 for fiscal year 2001;
‘‘(F) $70,000,000 for fiscal year 2002;
‘‘(G) $70,000,000 for fiscal year 2003; and
‘‘(H) $70,000,000 for fiscal year 2004.’’.
SEC. 153. TECHNICAL AMENDMENT.
Section 2101 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796hh) is amended by
adding at the end the following:
‘‘(d) DISBURSEMENT.—At least 5 percent of the
funds appropriated under this section shall be used for
grants to Indian tribal governments.’’.
Subtitle G—Rural Domestic Vio-
lence and Child Abuse Enforce-
ment
SEC. 161. REAUTHORIZATION.
Section 40295(c)(1) of the Safe Homes for Women
Act of 1994 (42 U.S.C. 13971(c)(1)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’; and
(3) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) $35,000,000 for each of the fiscal
years 2000, 2001, 2002, 2003, and 2004.’’.
SEC. 162. TECHNICAL AMENDMENTS.
Section 40295(c) of the Safe Homes for Women Act
of 1994 (42 U.S.C. 13971(c)) is amended by adding at
the end the following:
‘‘(3) DISBURSEMENT.—At least 5 percent of
the funds appropriated under paragraph (1) shall be
used for grants to Indian tribal governments.’’.
Subtitle H—National Stalker and
Domestic Violence Reduction
SEC. 171. TECHNICAL AMENDMENTS.
Section 40602(a) of the Violence Against Women Act
of 1994 (42 U.S.C. 14031(a)) is amended by inserting
‘‘and implement’’ after ‘‘improve’’.
SEC. 172. REAUTHORIZATION.
Section 40603 of the Violence Against Women Act
of 1994 (42 U.S.C. 14032) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (3) the follow-
ing:
‘‘(4) $3,000,000 for each of the fiscal years
2000, 2001, 2002, 2003, and 2004.’’.
Subtitle I—Federal Victims’
Counselors
SEC. 181. REAUTHORIZATION.
The text of section 40114 of the Safe Streets for
Women Act of 1994 is amended to read as follows: ‘‘There
are authorized to be appropriated for the United States
Attorneys for the purpose of appointing Victim/Witness
Counselors for the prosecution of domestic violence and
sexual assault crimes where applicable (such as the Dis-
trict of Columbia) $1,000,000 for each of the fiscal years
2000, 2001, 2002, 2003, and 2004.’’.
Subtitle J—Education and Preven-
tion Grants To Reduce Sexual
Abuse of Runaway, Homeless,
and Street Youth
SEC. 191. REAUTHORIZATION.
Section 316(c) of the Runaway and Homeless Youth
Act (42 U.S.C. 5712d(c)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the period at the end of para-
graph (3) and inserting a semicolon; and
(3) by inserting after paragraph (3) the follow-
ing:
‘‘(4) $22,000,000 for each of the fiscal years
2000, 2001, 2002, 2003, and 2004.’’.
SEC. 192. DISSEMINATION OF INFORMATION.
Section 316 of part A of the Runaway and Homeless
Youth Act (42 U.S.C. 5712d) is amended by redesignating
subsection (d) as subsection (e) and by inserting after sub-
section (c) the following:
‘‘(d) The Secretary shall annually compile and broad-
ly disseminate (including through electronic publication)
information about the use of funds and about the projects
funded under this subtitle, including any evaluations of
the projects and information to enable replication and
adoption of the strategies identified in the projects. Such
dissemination shall target community-based programs, in-
cluding domestic violence and sexual assault programs.’’.
Subtitle K—Victims of Child Abuse
Programs
SEC. 193. REAUTHORIZATION OF COURT-APPOINTED SPE-
CIAL ADVOCATE PROGRAM.
Section 218(a) of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13014(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(4);
(2) by striking the period at the end of para-
graph (5) and inserting a semicolon; and
(3) by inserting after paragraph (5) the follow-
ing:
‘‘(6) $12,000,000 for each of the fiscal years
2001, 2002, 2003, and 2004.’’
SEC. 194. REAUTHORIZATION OF CHILD ABUSE TRAINING
PROGRAMS FOR JUDICIAL PERSONNEL AND
PRACTITIONERS.
Section 224(a) of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13024(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(4);
(2) by striking the period at the end of para-
graph (5) and inserting a semicolon; and
(3) by inserting after paragraph (5) the follow-
ing:
‘‘(6) $2,300,000 for each of the fiscal years
2001, 2002, 2003, and 2004.’’.
SEC. 195. REAUTHORIZATION OF GRANTS FOR TELEVISED
TESTIMONY.
Section 1001(a)(7) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(7)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D);
(2) by striking the period at the end of sub-
paragraph (E) and inserting a semicolon; and
(3) by inserting after subparagraph (E) the fol-
lowing:
‘‘(F) $1,000,000 for each of the fiscal years
2001, 2002, 2003, and 2004.’’.
SEC. 196. DISSEMINATION OF INFORMATION.
Section 40156 of the Violence Against Women Act
of 1994 is amended by inserting at the end the following:
‘‘(d) The Attorney General shall annually compile
and broadly disseminate (including through electronic
publication) information about the use of funds and about
the projects funded under this section, including any eval-
uations of the projects and information to enable replica-
tion and adoption of the strategies identified in the
projects. Such dissemination shall target community-based
programs, including domestic violence and sexual assault
programs.’’.
TITLE 
II—LIMITING 
THE 
EF-
FECTS 
OF 
VIOLENCE 
ON
CHILDREN
SEC. 201. FINDINGS.
Congress finds as follows:
(1) Witnessing domestic violence has a dev-
astating impact on children, placing them at high
risk for anxiety, depression, and, potentially, suicide.
These children may exhibit more aggressive, anti-
social, fearful, and inhibited behaviors.
(2) Children exposed to domestic violence often
have problems in school.
(3) Domestic violence is strongly correlated
with child abuse. Studies have found that between
50 and 70 percent of men who abuse their female
partners also abuse their children.
(4) Boys who witness parental abuse during
their childhood are at a higher risk of being phys-
ically aggressive in dating and marital relationships.
(5) Girls are 3 times as likely as boys to be vic-
tims of sexual abuse.
(6) Children often fail to report child sexual
abuse because of the fear that disclosure will bring
worse consequences than being victimized again, in-
cluding consequences from the family, feeling guilty
for consequences to the perpetrator, and fear of sub-
sequent retaliation from the perpetrator. Victims
may also feel that the abuse is their fault.
(7) Women are at an increased risk of harm
after separation from an abusive partner. Separated
women are 3 times more likely than divorced women
and 25 times more likely than married women to be
victims of violence at the hands of an intimate part-
ner.
(8) Children are also at increased risk of harm
during separation. In one study, 34 percent of
women in shelters and callers to hotlines reported
threats of kidnapping, 11 percent reported that the
batterer had kidnapped the child for some period,
and 21 percent reported that threats of kidnapping
forced the victim to return to the batterer.
(9) According to a 1996 report by the American
Psychological Association, which Congress views as
authoritative on matters of domestic violence and
child custody and visitation determinations, custody
and visitation disputes are more frequent when there
is a history of domestic violence. Further, fathers
who batter mothers are twice as likely to seek sole
custody of their children and they may misuse the
legal system as a forum for continuing abuse
through harassing and retaliatory legal actions.
(10) The need for supervised visitation centers
far exceeds the number of available programs, re-
sulting in courts ordering unsupervised visitation
and endangering parents and children or cutting off
visitation altogether.
(11) One-third of high school and college age
students experience violence with an intimate part-
ner.
(12) A 1992 study concluded that being abused
or neglected in childhood increases the likelihood of
arrest for girls and women by 77 percent.
(13) Although courts should diligently protect
the interests of both parents in frequent and con-
tinuing contact with their children, in the case where
one parent has committed domestic violence against
the other parent, protection of the other parent and
the children is a vital consideration that should take
precedence.
(14) Every State has legislation or judicial deci-
sions that base its custody determinations on what
is in the best interests of the child and the vast ma-
jority of States include considerations of domestic vi-
olence as a factor in determining the best interests
of the child.
(15) The National Council of Juvenile and
Family Court Judges includes the option of super-
vised visitation centers in their Model Code on Do-
mestic and Family Violence.
(16) Despite the perception that mothers al-
ways win custody cases, studies show that fathers
who contest custody win sole or joint custody in 40
to 70 percent of cases.
(17) According to the American Psychological
Association, there is no reliable empirical data to
support the so-called phenomenon of ‘‘parental alien-
ation syndrome,’’ although courts and custody eval-
uators frequently use such terms to discount chil-
dren’s reasonable fear and anger toward a violent
parent. This ‘‘syndrome’’ and similar ones are used
almost exclusively against women.
(18) The documented rate of any child abuse
allegations in custody cases is approximately 2 per-
cent, and there is no evidence that false accusations
are more common in the context of custody litiga-
tion.
(19) Congress never intended that the Parental
Kidnapping Prevention Act be used to prohibit an
abused or protective parent from protecting them-
selves or their child by relocation to a place of safe-
ty.
(20) When domestic violence is or has been
present in the relationship, shared parenting ar-
rangements, couples counseling, or mediation ar-
rangements may increase the danger to children and
to the nonviolent parent.
Subtitle A—Safe Havens for
Children
SEC. 211. PURPOSES.
The purposes of section 212 are—
(1) to provide secure locations for visitation and
visitation exchange;
(2) to protect children from the trauma of wit-
nessing domestic violence or experiencing abduction,
injury, or death during parent and child visitation
and visitation exchanges;
(3) to protect victims of domestic violence from
experiencing further violence, abuse, and threats
during child visitation and visitation exchanges;
(4) to protect children from the trauma of expe-
riencing sexual assault or other forms of physical as-
sault and abuse during parent and child visitation
and visitation exchanges; and
(5) to provide an ongoing safe haven for par-
ents and children during visitation and visitation ex-
changes to promote continuity and stability.
SEC. 212. GRANTS TO PROVIDE FOR SUPERVISED VISITA-
TION CENTERS.
(a) 
GRANTS, 
CONTRACTS, 
AND
COOPERATIVE
AGREEMENTS.—The Attorney General is authorized to
award grants, contracts, and cooperative agreements to
public or private nonprofit nongovernmental entities, in-
cluding tribal organizations and nonprofit organizations
operating within the boundaries of an Indian reservation
whose governing body reflects the populations served, to
assist such entities in establishing and operating super-
vised visitation centers for the purposes of facilitating su-
pervised visitation and visitation exchange. At least 50
percent of all funds appropriated under subsection (e)
shall be for contracts and cooperative agreements with pri-
vate nonprofit, nongovernmental entities, including enti-
ties receiving court referrals.
(b) CONSIDERATIONS.—In awarding such grants,
contracts, and cooperative agreements under paragraph
(1), the Attorney General shall take into account—
(1) the number of families to be served by the
proposed visitation center to be established under
the grant, contract, or agreement;
(2) the extent to which supervised visitation
centers serve underserved populations as that term
is defined in section 2003(7) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg–2(7)), as defined in section 651(c);
(3) the extent to which the applicant dem-
onstrates cooperation and collaboration with non-
profit, nongovernmental entities in the local commu-
nity served, including the State and tribal domestic
violence and sexual assault coalitions, tribal organi-
zations, rape crisis centers, local shelters, and pro-
grams for domestic violence victims, including pro-
grams providing legal assistance to domestic violence
victims and sexual assault victims;
(4) the extent to which the applicant dem-
onstrates coordination and collaboration with appro-
priate court systems, including State, local, and, in
the case of Indian country, tribal and Federal court
systems, and mechanisms for communication and re-
ferral; and
(5) the extent to which the applicant dem-
onstrates implementation of domestic violence and
sexual assault training for all employees.
(c) USE OF FUNDS.—
(1) IN GENERAL.—Amounts provided under a
grant, contract, or cooperative agreement awarded
under subsection (a) shall be used to establish super-
vised visitation centers and for the purposes de-
scribed in section 211. In using such amounts,
grantees and persons awarded a contract or coopera-
tive agreement shall target the economically dis-
advantaged and those individuals who could not oth-
erwise afford such visitation services. Individuals
shall be permitted to use the services provided by
the center on a sliding fee basis. For purposes of de-
termining qualification for sliding scale fees, only the
individual income will be considered and no spousal
or household income will be counted.
(2) REGULATIONS
AND
APPLICANT
REQUIRE-
MENTS.—The Attorney General shall award grants,
contracts, and cooperative agreements under sub-
section (a) in accordance with such regulations as
the Attorney General may promulgate. The regula-
tions shall establish a multi-year grant process. The
Attorney General shall give priority in awarding
grants, contracts, and cooperative agreements under
this title to entities in States and Indian country
that consider domestic violence in making a custody
decision. An applicant awarded such a grant, con-
tract, or cooperative agreement shall—
(A) for applicants for a purpose described
in paragraph (1) or (2) of section 211—
(i) demonstrate recognized expertise
in the area of domestic violence, including
addressing the impact of domestic violence
on children, and a record of high quality
service to victims of domestic violence; and
(ii) demonstrate through a memoran-
dum of understanding collaboration with
and support of the State or tribal domestic
violence coalition and local or tribal domes-
tic violence shelter or program in the local-
ity in which the supervised visitation center
will be operated;
(B) for applicants for a purpose described
in paragraph (3) of section 211—
(i) demonstrate recognized expertise
in the area of child sexual assault and
abuse and a record of high quality service
to victims of sexual assault; and
(ii) demonstrate through a memoran-
dum of understanding collaboration with
and support of the State or tribal sexual
assault coalition and local or tribal rape
crisis center or sexual assault program in
the locality where the supervised visitation
center will be operated;
(C) provide supervised visitation and visi-
tation exchange services over the duration of a
court order to promote continuity and stability;
(D) demonstrate that adequate security
measures, including adequate facilities, proce-
dures and personnel capable of preventing vio-
lence, are in place for the operation of super-
vised visitation; and
(E) describe in detail the standards by
which the supervised visitation center will oper-
ate.
(d) REPORTING.—Not later than 60 days after the
end of each fiscal year, the Attorney General shall report
to Congress, categorized by State or tribe, information
concerning—
(1) the number of individuals including number
of parents and children served and the number of in-
dividuals turned away from services, the number of
individuals from underserved populations (as such
term is defined in section 2003(7) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg–2(7)), as defined in section 651(c)),
served and turned away from services, and the type
of presenting problems that underlie the need for su-
pervised visitation or visitation exchange, such as do-
mestic violence, child sexual abuse, emotional abuse
or other physical abuse of children, or a combination
of such factors;
(2) the numbers of supervised visitations or vis-
itation exchanges ordered during custody determina-
tions under a separation or divorce decree, under a
protection order, through child protection services,
through other social services agencies or by any
other order of a civil, criminal, juvenile, family, or
tribal court;
(3) the process by which children or abused
partners are protected during visitations, temporary
custody transfers and other activities for which the
supervised visitation centers are created;
(4) safety and security problems occurring dur-
ing the reporting period during supervised visitations
or at visitation centers, including the number of pa-
rental abductions;
(5) the number of parental abduction cases in
a judicial district using supervised visitation services,
both as identified in criminal prosecution and cus-
tody violations;
(6) program standards across the country that
are in place for operating a supervised visitation cen-
ter; and
(7) any other appropriate information des-
ignated in regulations promulgated by the Attorney
General.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—For the purpose of awarding
grants, contracts, and cooperative agreements under
this section, there are authorized to be appropriated
$75,000,000 for fiscal year 2000, $85,000,000 for
fiscal year 2001, $95,000,000 for fiscal year 2002,
$105,000,000 
for 
fiscal 
year 
2003, 
and
$115,000,000 for fiscal year 2004.
(2) DISTRIBUTION.—Of the amounts appro-
priated under paragraph (1) for each fiscal year, not
less than 95 percent shall be used to award grants,
contracts, or cooperative agreements. At least 5 per-
cent of the funds appropriated under paragraph (1)
shall be used for grants to tribal organizations.
Subtitle B—Violence Against
Women Prevention in Schools
SEC. 221. GRANTS FOR VIOLENCE AGAINST WOMEN PRE-
VENTION IN SCHOOLS.
(a) PURPOSES.—The purposes of grants under this
section are—
(1) to reduce the impact of domestic violence,
sexual assault, and stalking in the lives of young
women and children;
(2) to develop, modify, and implement State,
local, or tribal school system policies for school per-
sonnel at elementary, middle, and secondary schools
on domestic violence, sexual assault, and stalking;
(3) to develop, modify, and implement State,
local, or tribal school system policies regarding iden-
tification and referral procedures for students who
are witnessing or experiencing domestic violence,
sexual assault, or stalking in their lives; and
(4) to help prevent students from becoming vic-
tims or perpetrators of domestic violence, sexual as-
sault, or stalking through State, local, or tribal pro-
grams and prevention strategies targeting students
at elementary, middle, and secondary schools.
(b) GRANTS AUTHORIZED.—The Secretary of Edu-
cation, in consultation with the Secretary of Health and
Human Services, shall provide grants to State, local, or
tribal school systems to develop, modify, and implement
State, local, or tribal school system policies and programs
for elementary schools, middle schools, and secondary
schools which address domestic violence, sexual assault,
and stalking.
(c) ELIGIBILITY.—To be eligible for a grant under
subsection (b), a State, local, or tribal school system shall
collaborate with domestic violence or sexual assault ex-
perts from State, local, or tribal domestic violence and sex-
ual assault programs.
(d) APPLICATIONS.—A State, local, or tribal school
system that desires to receive a grant under subsection
(b) shall submit to the Secretary of Education an applica-
tion, in such form and manner as the Secretary of Edu-
cation shall prescribe, that—
(1) demonstrates that the educational program
is comprehensive, engaging, and appropriate to the
target areas, is culturally diverse, addresses the
needs of underserved communities, has the potential
to change attitudes and behaviors, is developed
based on research and experience in the areas of
youth education, domestic violence, sexual assault,
and stalking, collects data on changes in partici-
pants’ attitudes or behavior, is implemented in col-
laboration with domestic violence and sexual assault
experts, and includes an evaluation component;
(2) demonstrates that the proposed policy devel-
opment process includes consultation and collabora-
tion with experts on violence against women and
girls, such as domestic violence shelters, domestic vi-
olence programs, State and tribal domestic violence
coalitions, State and tribal sexual assault coalitions,
and rape crisis centers; and
(3) contains such other information, agree-
ments, and assurances as the Secretary of Education
may require.
(e) USE OF FUNDS.—
(1) IN
GENERAL.—A State, local, or tribal
school system that receives a grant under subsection
(b) may use the grant funds—
(A) to develop and implement educational
programs or prevention strategies for students
and personnel in elementary schools, middle
schools, and secondary schools addressing do-
mestic violence, sexual assault, and stalking;
(B) to develop and implement policies to
identify students who may be experiencing or
witnessing domestic violence, sexual assault, or
stalking in their lives and to develop and imple-
ment policies on reporting and referral proce-
dures for these students;
(C) to develop and implement policies to
identify students at risk of becoming victims or
perpetrators of domestic violence, sexual as-
sault, or stalking;
(D) to modify the program materials of the
model programs created under section 317 of
the Family Violence Prevention and Services
Act (42 U.S.C. 10417), if appropriate, in order
to make the materials applicable to a particular
age group; and
(E) to purchase the materials described in
subparagraph (D).
(2) CONFIDENTIALITY.—Policies and programs
developed and implemented under paragraph (1)
shall address issues of victim safety and confidential-
ity that are consistent with applicable State and
Federal laws.
(3) OTHER USES OF FUNDS.—
(A) GUIDANCE.—The Secretary of Edu-
cation shall disseminate any existing Depart-
ment of Education policy guidance regarding
preventing domestic violence, sexual assault, or
stalking.
(B) STUDY AND REPORT.—The Secretary
of Education shall study existing policies and
programs as well as new policies and programs
funded by this section and report to Congress
recommendations for implementation of suc-
cessful policies for referring students to services
when they may be witnessing or experiencing
domestic violence, sexual assault, or stalking. In
publishing the report, the Secretary shall en-
sure the safety and confidentiality of all infor-
mation concerning the identification of stu-
dents.
(4) LIMITATION.—
(A) 
ADMINISTRATIVE
EXPENSES.—A
school system that receives a grant under sub-
section (b) for a fiscal year shall use not more
than 5 percent of the grant funds for adminis-
trative expenses.
(B) A school system that receives a grant
to fulfill a purpose described in subparagraph
(A), (D), or (E) of paragraph (1) shall first
have in place and include in its application the
school policies by which such programs and pre-
vention strategies will be implemented.
(f) PUBLICATION.—The Secretary of Education shall
publish the availability of grants under subsection (b)
through announcement in professional publications for
State, local, or tribal school systems described in sub-
section (a)(2) and through notice in the Federal Register.
(g) TERM.—A grant under subsection (b) may be
awarded for a period of not more than 3 fiscal years.
(h) EQUITABLE DISTRIBUTION.—In awarding grants
under subsection (b), the Secretary of Education shall en-
sure an equitable geographic distribution to State, local,
and tribal school systems throughout the United States.
(i) REQUIREMENTS.—In carrying out an educational
program under a grant under subsection (b), a State,
local, or tribal school system shall—
(1) consult and collaborate with experts on vio-
lence against women and girls, such as domestic vio-
lence shelters, domestic violence programs, State and
tribal domestic violence coalitions, State and tribal
sexual assault coalitions, and rape crisis centers;
(2) develop the program, or acquire model pro-
gram materials if available;
(3) carry out the program with a school’s in-
volvement; and
(4) report the results of the program to the
Secretary of Education in a format provided by the
Secretary.
(j) DEFINITION.—For purposes of this section, the
terms ‘‘domestic violence’’, ‘‘sexual assault’’, and ‘‘stalk-
ing’’ have the same meaning given those terms by section
2.
(k) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated to carry out this section—
(A) $2,750,000 for fiscal year 2000;
(B) $3,000,000 for fiscal year 2001;
(C) $3,000,000 for fiscal year 2002;
(D) $3,000,000 for fiscal year 2003; and
(E) $3,000,000 for fiscal year 2004.
(2) 
AVAILABILITY.—Amounts 
appropriated
under paragraph (1) shall remain available until the
earlier of—
(A) the date on which those amounts are
expended; or
(B) December 31, 2004.
Subtitle C—Family Safety
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ‘‘Family Safety
Act’’.
SEC. 232. FINDINGS AND PURPOSES.
(a) FINDINGS.—Section 7(a) of the Parental Kidnap-
ing Prevention Act of 1980 (94 Stat. 3568; 28 U.S.C.
1738A note) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the period at the end of para-
graph (4) and inserting a semicolon; and
(3) by inserting after paragraph (4) the follow-
ing:
‘‘(5) existing Federal and State laws are inad-
equate to protect parents from domestic violence and
to protect children from sexual assault and may
punish them when they seek to protect themselves;
and
‘‘(6) failures of State judicial and child protec-
tion systems may result in the inappropriate place-
ment of children in the custody of abusive parents
or punishment of nonabusing parents who attempt
to protect themselves or their children.’’.
(b) CONCLUSION.—Section 7(b) of such Act is
amended by inserting ‘‘to establish standards to prevent
children from being returned to abusive parents,’’ after
‘‘with such disputes,’’.
(c) PURPOSES.—Section 7(c) of such Act is
amended—
(1) by redesignating paragraphs (3) through
(6) as paragraphs (5) through (8), respectively;
(2) by inserting after paragraph (2) the follow-
ing:
‘‘(3) promote cooperation between State and
tribal courts to protect parents and children from an
incident or pattern of domestic violence or sexual as-
sault;
‘‘(4) promote realistic and protective standards
for interstate relocation when parents dispute cus-
tody, particularly in cases where there is domestic
violence or sexual assault;’’;
(3) in paragraph (7) (as so redesignated), by
inserting before the semicolon at the end the follow-
ing: ‘‘, consistent with not endangering or inappro-
priately punishing parents who are victims of domes-
tic violence or children who are victims of sexual as-
sault’’; and
(4) in paragraph (8) (as so redesignated), by
inserting before the period at the end the following:
‘‘or to abuse the child or exert coercive control over
the other parent, except when the removal is justifi-
able in an attempt to protect the parent or any child
in the parent’s care’’.
SEC. 233. DEFENSE TO CRIMINAL CUSTODIAL INTER-
FERENCE 
OR 
PARENTAL 
ABDUCTION
CHARGE.
Section 1073 of title 18, United States Code, is
amended by striking ‘‘Whoever moves’’ and inserting ‘‘(a)
Whoever moves’’ and by adding at the end the following:
‘‘(b) For any charge of parental abduction, of custo-
dial interference, or of felony criminal contempt of court
related to an underlying child custody or visitation deter-
mination, that would otherwise provide a basis for pros-
ecution under this section, it shall be a defense to such
prosecution that the individual against whom this section
is invoked—
‘‘(1) acted pursuant to the provisions of a court
order valid when and where issued—
‘‘(A) which granted the defendant legal
custody or visitation rights;
‘‘(B) which was obtained in compliance
with section 1738A of title 28;
‘‘(C) which is not inconsistent with such
section or with the Uniform Child Custody Ju-
risdiction Enforcement Act as promulgated by
the Uniform Law Commissioners; and
‘‘(D) which was in effect at the time the
defendant left the State;
‘‘(2) was fleeing an incident or pattern of do-
mestic violence or sexual assault of the child; or
‘‘(3) would otherwise have a defense under the
terms of section 1204.
‘‘(c) The Attorney General shall issue guidance to as-
sist the United States Attorneys and the Federal Bureau
of Investigation in determining when to decline to initiate
or to terminate an investigation or prosecution under sub-
section (b) due to the potential availability of any de-
fense.’’.
SEC. 234. FULL FAITH AND CREDIT GIVEN TO CHILD CUS-
TODY DETERMINATIONS.
(a) SECTION INTENT.—Section 1738A(a) of title 28,
United States Code, is amended by adding before the pe-
riod the following: ‘‘, except that no State shall be required
to enforce any order obtained in a proceeding which would
violate the constitution of the enforcing State if the pro-
ceeding were conducted in the enforcing State. This sec-
tion is intended to preempt any inconsistent State law and
to apply to every proceeding in the United States or its
territories that is not governed by inconsistent aspects of
any treaty to which the United States is a signatory or
has ratified that involves custody and visitation concerning
a minor child. Any provision of a protection order regard-
ing the custody and visitation of a minor child, whether
consensual or not, otherwise consistent with section 2265
of title 18 and with this section shall be given full faith
and credit by the courts of any State where the party who
sought the order seeks enforcement’’.
(b) DEFINITIONS.—Section 1738A(b) of such title is
amended—
(1) by amending paragraph (2) to read as fol-
lows:
‘‘(2) ‘child-custody proceeding’ means a pro-
ceeding in which legal custody, physical custody, or
visitation with respect to a child is an issue, includ-
ing a proceeding for divorce, separation, neglect,
abuse, dependency, guardianship, paternity, termi-
nation of parental rights, and protection from do-
mestic violence, in which the issue may appear;’’;
(2) in paragraph (3)—
(A) by striking ‘‘custody determination’’
and inserting ‘‘custody or visitation determina-
tion’’;
(B) by inserting ‘‘obtained in the context
of a child-custody proceeding and’’ after
‘‘court’’; and
(C) by striking ‘‘custody of a child’’ and
inserting ‘‘legal custody, physical custody, or
visitation with respect to a child’’;
(3) in paragraph (6), by inserting ‘‘or has had
physical custody for a period of 6 consecutive
months, including any temporary absence, within
one year immediately before the commencement of a
child-custody proceeding’’ after ‘‘of a child’’;
(4) in paragraph (7), by striking ‘‘actual pos-
session and control’’ and inserting ‘‘the physical care
and supervision’’;
(5) by striking paragraph (9) and inserting the
following:
‘‘(9) ‘domestic violence’ includes acts or threats
of violence, not including acts of self defense, com-
mitted 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
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;
‘‘(10) ‘sexual assault’ means any conduct pro-
scribed by chapter 109A of title 18, United States
Code, whether or not the conduct occurs in the spe-
cial maritime and territorial jurisdiction of the
United States or in a Federal prison and includes
both assaults committed by offenders who are
strangers to the victim and assaults committed by
offenders who are known to the victim or related by
blood or marriage to the victim;
‘‘(11) ‘predominant aggressor’ means the indi-
vidual who has been determined to be the principal
perpetrator of violence, by factors including—
‘‘(A) history of domestic violence;
‘‘(B) relative severity of the injuries in-
flicted on each person;
‘‘(C) the likelihood of future injury to each
person;
‘‘(D) whether one of the persons acted in
self-defense; and
‘‘(E) the degree to which one of the per-
sons has acted with more deliberate intent to
control, isolate, intimidate, emotionally demean,
or cause severe pain or injury, or fear of harm
to the other or a third person’’; and
‘‘(12) ‘stalking’ means engaging in a course of
conduct directed at a specific person that would
cause a reasonable person to fear death, sexual as-
sault, or bodily injury to such person or a member
of such person’s immediate family, when the person
engaging in such conduct has knowledge or should
have knowledge that the specific person will be
placed in reasonable fear of death, sexual assault, or
bodily injury to such person or a member of such
person’s immediate family and when the conduct in-
duces fear in the specific person of death, sexual as-
sault, or bodily injury to such person or a member
of such person’s immediate family.’’.
(c) JURISDICTION
REQUIREMENTS.—(1) Section
1738A(c)(2)(A)(ii) of such title is amended by striking
‘‘because of his removal or retention by a contestant or
for other reasons, and a contestant’’ and inserting ‘‘but
a parent or person acting as a parent’’.
(2) Section 1738A(c)(2)(B)(ii)(I) of such title is
amended by striking ‘‘contestant,’’ and inserting ‘‘parent
or a person acting as a parent,’’.
(d) CONDITION FOR CUSTODY DETERMINATION.—
Section 1738A(c)(2)(C) of such title is amended—
(1) by striking ‘‘he’’ and inserting ‘‘the child, or
a sibling or parent of the child,’’; and
(2) by inserting ‘‘, including acts of domestic vi-
olence or stalking by the other parent’’ after
‘‘abuse’’.
(e) CONTINUING JURISDICTION.—Section 1738A(d)
of such title is amended by striking ‘‘or of any contestant’’
and inserting ‘‘, a parent, or a person acting as a parent,
except that after 2 years have passed while a child is living
in another State after relocation due to domestic violence,
stalking, or sexual assault of the child, the court of the
original State shall decline jurisdiction if the courts of the
new State would have personal jurisdiction over the other
parent under that State’s law’’.
(f) NOTICE.—Section 1738A(e) of such title is
amended by striking ‘‘the contestants,’’ and inserting ‘‘all
persons entitled to notice under the law of the State as
in child custody proceedings between residents of the
State,’’.
(g) MODIFICATIONS.—Section 1738A(f)(1) of such
title is amended by inserting ‘‘or visitation’’ after ‘‘cus-
tody’’.
(h) CHILD
CUSTODY DETERMINATIONS.—Section
1738A of such title is amended by striking subsection (h)
and by adding at the end the following:
‘‘(h) A court may decline to exercise jurisdiction on
behalf of a parent who has engaged in domestic violence
as a predominant aggressor, stalking, child sexual assault,
or child sexual abuse, if a court of another State has emer-
gency jurisdiction under subsection (c)(2)(C)(ii). A court
may decline to exercise jurisdiction on behalf of a parent
who has wrongfully taken the child from a State without
justification, or engaged in similar unjustifiable conduct,
unless no other State would have jurisdiction under any
provision of subsection (c). For the purposes of this sub-
section, justification includes removing the child to an-
other State in an effort to seek safety for the child, or
a sibling or parent of the child, from domestic violence
or sexual assault.’’.
Subtitle D—Domestic Violence and
Children
SEC. 241. CHILD CUSTODY, CHILD ABUSE, AND VICTIMS OF
DOMESTIC VIOLENCE.
It is the sense of Congress that—
(1) for purposes of determining child custody, it
is in the best interest of children to have a presump-
tion that children shall have their main physical resi-
dence with their primary caretaker parent unless
that parent is unfit;
(2) for purposes of determining child custody, it
is not in the best interest of children to—
(A) force parents to share custody over the
objection of one or both parents when there is
a history of domestic violence;
(B) punish abused or protective parents
who protect themselves or their children;
(C) presume that allegations of domestic
violence or child sexual assault are likely to be
made falsely or for tactical advantage during
custody and divorce proceedings; and
(D) make ‘‘friendly parent’’ provisions a
factor when there is abuse by one parent
against the other or a child;
(3) child abuse and child sexual abuse allega-
tions shall be fully and impartially investigated re-
gardless of when they are raised or whether the child
has withdrawn the allegation;
(4) States shall be far more protective of vic-
tims of domestic violence and sexual assault in cus-
tody and visitation determinations and not order me-
diation, couples counseling, shared custody, mutual
orders of protection, unsupervised visitation, or
other measures when they may endanger the other
parent or the child; and
(5) States shall provide training in domestic vi-
olence and sexual assault, as they impact custody,
child support and visitation determinations, to all
professionals who interact with children and parents
(including judges, attorneys, guardians ad litem and
other individuals appointed to represent children,
therapists and mental health professionals, custody
evaluators, child protective services personnel, and
court appointed special advocates).
Subtitle E—Child Welfare Worker
Training on Domestic Violence
and Sexual Assault
SEC. 251. CHILD WELFARE WORKER TRAINING ON DOMES-
TIC VIOLENCE AND SEXUAL ASSAULT.
(a) PURPOSE.—The purpose of this subtitle is to en-
courage States, Indian tribal governments, and units of
local government to recognize and treat, as part of their
ongoing child welfare responsibilities, domestic violence
and sexual assault as serious problems threatening the
safety and well-being of its child and adult victims.
(b) GRANT AUTHORITY.—The Attorney General shall
make grants in consultation with the Secretary of Health
and Human Services to eligible States, Indian tribal gov-
ernments, or units of local government to enable child wel-
fare service agencies to partner with domestic violence
service providers, State or tribal domestic violence or sex-
ual assault coalitions, or other private nonprofit domestic
violence or sexual assault organizations that have a docu-
mented history of effective work in the domestic violence
field and on the impact of domestic violence on children
to train staff and modify policies, procedures, programs,
and practices so that policies, practices, and services are
consistent with the following principles:
(1) They protect the children.
(2) They increase the safety and well-being of
the children, including increasing the safety of the
nonabusing parents.
(3) They increase the safety of the children by
supporting the autonomy and capacity of the adult
victims.
(4) They hold perpetrators, not the victims, re-
sponsible for stopping the abusive behaviors.
(c) GOALS OF GRANT.—The activities under a grant
under subsection (b) shall be directed to achieve the fol-
lowing goals:
(1) Recognize the overlap between child abuse,
including child sexual abuse, and domestic violence
in families, the dynamics of domestic violence, in-
cluding its intergenerational transmission, the dan-
gers posed to both child and adult victims and the
physical, emotional, and developmental impact on
children.
(2) Increase collaboration between child welfare
service agencies and domestic violence and sexual as-
sault service providers.
(3) Develop and implement policies, procedures,
and practice guidelines to—
(A) reflect the principles stated in sub-
section (b);
(B) identify and assess domestic violence
in child protection cases; and
(C) ensure the confidentiality of informa-
tion on families shared between child welfare
service agencies and local domestic violence and
sexual assault programs.
(4) Develop appropriate responses in cases of
domestic violence, including a safety plan and other
appropriate services and interventions that ensure
the safety of both the child and adult victims.
(5) Create links between child welfare service
agencies, community-based domestic violence and
sexual assault programs, rape crisis centers, and
other entities addressing the safety, health, mental
health, social services, housing, and economic needs
of child and adult victims of domestic violence and
sexual assault.
(6) Collect data indicating the number of child
protection cases identified as involving domestic vio-
lence and the number of such cases that repeatedly
return to the child welfare services system.
(d) ELIGIBILITY.—Eligible grantees are States, In-
dian tribal organizations, or units of local government that
are partnering with domestic violence service providers,
State or tribal domestic violence or sexual assault coali-
tions, or other private nonprofit domestic violence or sex-
ual assault organizations that have a documented history
of effective work in the domestic violence field and on the
impact of domestic violence on children, and that jointly
submit an application to the Attorney General and the
Secretary of Health and Human Services that include the
following:
(1) Outlines the specific activities that will be
undertaken to achieve the goals set forth in sub-
section (c).
(2) Agrees to develop over a 3-year period, in
collaboration with other organizations, a range of
training resources, policies, procedures, and services
for child and adult victims of domestic violence and
sexual assault that include at least the following:
(A) Relevant protocols for the screening,
intake, assessment, investigation, and followup
to reports of abuse and neglect and a procedure
and schedule for training child welfare staff
about domestic violence and sexual assault and
their impact on children and adult victims and
the appropriate use of these protocols. The
training shall include line staff, supervisors, and
administrators, and begin with staff responsible
for screening, intake, assessment, and investiga-
tion of reports of child abuse and neglect. The
training shall be conducted in collaboration with
domestic violence and sexual assault experts
and staff from community-based domestic vio-
lence and sexual assault programs, rape crisis
centers, and relevant law enforcement rep-
resentatives. At a minimum, the protocols and
training shall address the following:
(i) Dynamics of domestic violence and
its relationship to child abuse, including its
intergenerational transmission.
(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 safety and con-
fidentiality of the child and adult victims
consistent with mandatory child abuse re-
porting laws.
(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.
(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 subsection
(b), 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 and
sexual assault programs about the impact of domestic vio-
lence on children, the special risks of child abuse and ne-
glect, and appropriate services and interventions for pro-
tecting both the child and adult victims of domestic vio-
lence and sexual assault.
(f) EVALUATION, REPORTING, 
AND
DISSEMINA-
TION.—Each grantee receiving funds under subsection (b)
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 subsection (b) 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
the grants distribute to all State child welfare agencies,
State and tribal domestic violence and sexual assault coali-
tions, and to the Congress summaries of the activities im-
plemented by the grantees and related initiatives under-
taken by the Department of Justice and Department of
Health and Human Services to promote attention by child
welfare staff and staff of domestic violence and sexual as-
sault 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 the grant
program $3,000,000 for fiscal year 2000, $4,000,000 for
fiscal year 2001, $5,000,000 for fiscal year 2002,
$5,000,000 for fiscal year 2003, and $5,000,000 for fiscal
year 2004. 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
amended—
(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 exist-
ence 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 require-
ments of subparagraphs (C) and (D) are met.
‘‘(iv) The term ‘child abuse order’ means any
court order or other similar process for the enforce-
ment 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 ‘‘qualified child abuse orders (within the
meaning of section 206(d)(3)(B)(iii))’’ after ‘‘section
206(d)(3)(B)(i)),’’.
(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 SHALL 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
amended—
(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, 1999, except that, in the case of a child
abuse order entered before such date, the plan
administrator—
(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) GRANTS.—
‘‘(1) PERMITTED
USE.—Notwithstanding sec-
tion 1904(a)(1), amounts transferred by the State
for use under this part shall be used for rape pre-
vention and education programs conducted by rape
crisis centers and private nonprofit nongovernmental
State and tribal sexual assault coalitions for—
‘‘(A) educational seminars;
‘‘(B) the operation of hotlines;
‘‘(C) training programs for professionals;
‘‘(D) the preparation of informational ma-
terial; and
‘‘(E) other efforts to increase awareness of
the facts about, or to help prevent, sexual as-
sault, including efforts to increase awareness in
underserved communities (as defined in section
2003(7) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg–
2(7) as amended by section 643(c)).
‘‘(2) TERMS.—
‘‘(A) POPULATIONS.—The Secretary shall
make grants under subsection (a) to each State
on the basis of the population of the State.
‘‘(B) RAPE PREVENTION AND EDUCATION
PROGRAMS.—No State may use funds made
available by reason of paragraph (1) in any fis-
cal year for administration of any prevention
program other than the rape prevention and
education program for which grants are made
under paragraph (1).
‘‘(C) AVAILABILITY.—Any amount paid to
a State for a fiscal year and remaining unobli-
gated 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.
‘‘(D) ADMINISTRATIVE
AND
TECHNICAL
ASSISTANCE.—The Secretary shall use not more
than 5 percent of the funds available under
paragraph (1) for the purposes of administra-
tive and technical assistance.’’.
‘‘(E) TARGETING
OF
EDUCATION
PRO-
GRAMS.—States receiving grant moneys under
paragraph (1) shall 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 pro-
grams targeted under this subsection shall be
conducted by rape crisis centers and State and
tribal sexual assault coalitions.
‘‘(b) NATIONAL RESOURCE CENTER.—
‘‘(1) ESTABLISHMENT.—At such time as appro-
priations under subsection (c) reach at least
$80,000,000, the Secretary of Health and Human
Services shall, through the National Center for In-
jury Prevention and Control at the Centers for Dis-
ease Control and Prevention, establish a National
Resource Center on Sexual Assault to provide re-
source information, policy, training, and technical
assistance to Federal, State, and Indian tribal agen-
cies, as well as to State and tribal 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 library in order to col-
lect, prepare, analyze, and disseminate information
and statistics and analyses thereof relating to the in-
cidence and prevention of sexual assault.
‘‘(2) ELIGIBLE
ORGANIZATIONS.—The Sec-
retary shall award a grant under paragraph (1) to
a private nonprofit organization which can—
‘‘(A) demonstrate that it has recognized
expertise in the area of sexual assault, a record
of high-quality services to victims of sexual as-
sault, including a demonstration of support
from advocacy groups, such as State and tribal
sexual assault coalitions or recognized national
sexual assault groups; and
‘‘(B) demonstrate a commitment to diver-
sity and to the provision of services to under-
served populations as defined in section
2003(7) of the Omnibus Crime Control and
Safe Street Act of 1968 (42 U.S.C. 3796gg–
2(7)).
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated to carry out this section—
‘‘(A) $80,000,000 for fiscal year 2000;
‘‘(B) $105,000,000 for fiscal year 2001;
‘‘(C) $105,000,000 for fiscal year 2002;
‘‘(D) $155,000,000 for fiscal year 2003;
and
‘‘(E) $155,000,000 for fiscal year 2004.
Funds authorized to be appropriated under this sec-
tion are appropriated from the Violent Crime Reduc-
tion Fund pursuant to section 31001(c) of the Vio-
lent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14211(c)) and paragraph (16)
under the definition of ‘‘prevention program’’ in sec-
tion 31001(d) of such Act (42 U.S.C. 14214(d)).
‘‘(2) SEXUAL ASSAULT COALITIONS.—At such
time as appropriations under subsection (c) reach at
least $80,000,000, the Secretary shall designate 15
percent of the total amount appropriated to be used
for making grants to nonprofit, nongovernmental
State sexual assault coalitions to address public
health issues associated with sexual assault through
training, resource development, or similar research.
‘‘(3) INDIAN COUNTRY.—At such time as the
appropriations under subsection (c) reach at least
$80,000,000, there shall be awarded by the Sec-
retary not less than 5 percent of such amounts for
the funding of tribal sexual assault coalitions. To be
victims of sexual assault in Indian country, in-
cluding judicial, law enforcement, and child pro-
tective services agencies, to encourage appro-
priate responses to sexual assault cases;
‘‘(E) conducting public education and out-
reach activities addressing sexual assault in In-
dian country;
‘‘(F) collaborating with sexual assault coa-
litions in the areas described above; and
‘‘(G) participating in planning and mon-
itoring of the distribution of grants and grant
funds to Indian reservation and tribal organiza-
tions under this section.
‘‘(4) SUBSECTION
(b)
ALLOTMENT.—Of the
amount appropriated for any fiscal year under this
section, at least $1,000,000 shall be made available
for grants under subsection (b), with yearly in-
creases of at least 10 percent of the prior year’s al-
lotment.
‘‘(d) LIMITATIONS.—
‘‘(1) A State may use funds under subsection
(a) 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
100
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
and funds for such studies shall be available only at
such time as appropriations under subsection (c)
reach at least $80,000,000.
‘‘(3) A State may not use more than 5 percent
of funds received in each fiscal year under sub-
section (a) for administrative expenses.
‘‘(e) DEFINITIONS.—
‘‘(1) RAPE PREVENTION AND EDUCATION.—For
purposes of this section, the term ‘rape prevention
and education’ includes education and prevention ef-
forts directed at sexual offenses committed by of-
fenders who are not known to the victim as well as
offenders who are known to the victim.
‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as-
sault’ means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and terri-
torial jurisdiction of the United States or in a Fed-
eral prison and includes both assaults committed by
offenders who are strangers to the victim and as-
101
saults committed by offenders who are known to the
victim or related by blood or marriage to the victim.
‘‘(3) RAPE
CRISIS
CENTER.—The term ‘rape
crisis center’ means a private, nonprofit, nongovern-
mental organization that is organized, or has as one
of its primary purposes, to provide services for vic-
tims of sexual assault and has a record of commit-
ment and demonstrated experience in providing serv-
ices to victims of sexual assault.
‘‘(4) SEXUAL
ASSAULT
PROGRAM.—The term
‘sexual assault program’ means a private, nonprofit,
nongovernmental organization that is organized, or
has as one of its primary purposes, to provide serv-
ices for victims of sexual assault and has a record
of commitment and demonstrated experience in pro-
viding services to victims of sexual assault.
‘‘(5) STATE
COALITION
OF
SEXUAL
ASSAULT
PROGRAMS.—The term ‘State coalition of sexual as-
sault programs’ means a statewide nonprofit, non-
governmental membership organization of a majority
of sexual assault programs within the State that,
among other activities, provides training and tech-
nical assistance to sexual assault programs within
the State, commonwealth, territory, or lands under
military, Federal, or tribal authority.’’.
102
SEC. 302. RAPE PREVENTION EDUCATION.
(a) REPEAL.—Section 1910A of the Public Health
and Human Services Act (42 U.S.C. 300w–10) is re-
pealed.
(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 Forensic Examina-
tions Act’’.
SEC. 312. STANDARDS, PRACTICE, AND TRAINING FOR SEX-
UAL ASSAULT FORENSIC EXAMINATIONS.
(a) IN GENERAL.—The Attorney General, in conjunc-
tion with the Secretary of Health and Human Services,
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 forensic examina-
tion training for all health care students to improve
the recognition of injuries suggestive of rape and
103
sexual assault and baseline knowledge of appropriate
referrals in victim treatment and evidence collection;
and
(3) review existing national, State, tribal, and
local protocols on sexual assault 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 and the
Secretary of Health and Human Services shall consult
with national, State, tribal, and local experts in the area
of rape and sexual assault, including rape crisis centers,
State and tribal sexual assault and domestic violence coali-
tions and programs, and programs for criminal justice, fo-
rensic nursing, forensic science, emergency room medicine,
law, social services, and sex crimes in underserved commu-
nities (as defined in section 2003(7) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg–2(7) as amended by section 643(c)).
(c) REPORT.—The Attorney General and the Sec-
retary of Health and Human Services shall ensure that
no later than 1 year after the date of enactment of this
Act, a report of the actions taken pursuant to subsection
(a) is submitted to Congress.
104
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$200,000 for fiscal year 2000.
Subtitle 
C—Violence 
Against
Women Training for Health Pro-
fessions
SEC. 331. SHORT TITLE.
This subtitle may be cited as the ‘‘Violence Against
Women Training for Health Professions Act’’.
SEC. 332. ESTABLISHMENT, FOR CERTAIN HEALTH PROFES-
SIONS PROGRAMS, OF PROVISIONS REGARD-
ING DOMESTIC VIOLENCE AND SEXUAL AS-
SAULT.
Section 791 of the Public Health Service Act (42
U.S.C. 295j) is amended by redesignating subsection (c)
as subsection (d), and by inserting after subsection (b)
the following:
‘‘(c) PREFERENCES REGARDING TRAINING IN IDEN-
TIFICATION AND REFERRAL OF VICTIMS OF DOMESTIC
VIOLENCE AND SEXUAL ASSAULT.—
‘‘(1) IN GENERAL.—In the case of a health pro-
fessions entity specified in paragraph (2), the Sec-
retary shall, in making awards of grants or contracts
under this title, give preference to any such entity
(if otherwise a qualified applicant for the award in-
105
volved) that has in effect the requirement that, as a
condition of receiving a degree or certificate (as ap-
plicable) from the entity, each student have had sig-
nificant training developed in consultation and col-
laboration with national, State, tribal, and local do-
mestic violence and sexual assault coalitions and
programs in carrying out the following functions as
a provider of health care:
‘‘(A) Universal screening for victims of do-
mestic violence and sexual assault and main-
taining complete medical records that include
documentation of the examination and treat-
ment given, referrals made, and recording the
location and nature of the victim’s injuries.
‘‘(B) Examining and treating such victims,
within the scope of the health professional’s dis-
cipline, training, and practice, including, at a
minimum, providing medical advice regarding
the dynamics and nature of domestic violence
and sexual assault.
‘‘(C) Referring the victims to public and
nonprofit private entities that provide services
for such victims.
‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI-
TIES.—For purposes of paragraph (1), a health pro-
106
fessions entity specified in this paragraph is any en-
tity that is a school of medicine, a school of osteo-
pathic medicine, a graduate program in mental
health practice, a school of nursing (as defined in
section 853), a program for the training of physician
assistants, or a program for the training of allied
health professionals.
‘‘(3) REPORT TO CONGRESS.—Not later than 2
years after the date of the enactment of the Violence
Against Women Training for Health Professions
Act, the Secretary shall submit to the Committee on
Commerce of the House of Representatives and the
Committee on Labor and Human Resources of the
Senate, a report specifying the health professions en-
tities that are receiving preference under paragraph
(1); the number of hours of training required by the
entities for purposes of such paragraph; the extent
of clinical experience so required; and the types of
courses through which the training is being pro-
vided, including the extent of involvement of non-
profit nongovernmental domestic violence and sexual
assault victims services programs in the training.
‘‘(4) DEFINITIONS.—For purposes of this sub-
section:
107
‘‘(A) DOMESTIC VIOLENCE.—The term ‘do-
mestic violence’ includes acts or threats of vio-
lence, not including acts of self defense, com-
mitted by a current or former spouse of the vic-
tim, by a person with whom the victim shares
a child in common, by a person who is cohabit-
ing with or has cohabited with the victim, by a
person who is or has been in a continuing social
relationship of a romantic or intimate nature
with the victim, by a person similarly situated
to a spouse of the victim under the domestic or
family violence laws of the jurisdiction, or by
any other person against a victim who is pro-
tected from that person’s acts under the domes-
tic or family violence laws of the jurisdiction.
‘‘(B) SEXUAL ASSAULT.—The term ‘sexual
assault’ means any conduct proscribed by chap-
ter 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
108
victim or related by blood or marriage to the
victim.’’.
Subtitle D—Prevention of Custo-
dial Sexual Assault by Correc-
tional Staff
SEC. 341. SHORT TITLE.
This subtitle may be cited as the ‘‘Prevention of Cus-
todial Sexual Assault by Correctional Staff Act’’.
SEC. 342. FINDINGS.
Congress finds the following:
(1) According to an extensive 1996 report by
the Women’s Rights Project of Human Rights
Watch, sexual abuse of women prisoners by correc-
tional officers is a serious problem in our Nation’s
prisons, jails, and correctional facilities.
(2) Custodial sexual assault of women by cor-
rectional officers includes documented incidents of
vaginal, oral, and anal rape.
(3) Because correctional officers wield near ab-
solute power over female prisoners, officers may
abuse that power to sexually assault and abuse fe-
male prisoners, as well as engage in constant grop-
ing, harassment, and other abuse.
SEC. 343. ESTABLISHMENT OF PREVENTION PROGRAM.
(a) PROGRAM GUIDELINES.—
109
(1) IN GENERAL.—The Attorney General shall
establish guidelines for States and disseminate such
information to the States regarding the prevention
of custodial sexual misconduct by correctional staff.
(2) REQUIREMENTS.—Such guidelines shall in-
clude requirements that—
(A) prohibit a State department of correc-
tions from hiring correctional staff who have
been convicted on criminal charges, or found
liable in civil suits, for custodial sexual mis-
conduct; and
(B) each State department of corrections
maintain databases, including the names and
identifying information of individuals who have
been convicted on criminal charges or found lia-
ble in civil suits for custodial sexual mis-
conduct, and check these databases prior to hir-
ing any correctional staff.
(3) NATIONAL DATABASE.—The information re-
ferred to in paragraph (2)(B) shall also be submit-
ted to the Department of Justice where it will be
maintained and updated on a national database.
(b) RELEASE OF INFORMATION.—The information
collected under subsection (a)(2)(B) shall be treated as
private data except that—
110
(1) such information may be disclosed to law
enforcement agencies for law enforcement purposes;
(2) such information may be disclosed to gov-
ernment agencies conducting confidential back-
ground checks; and
(3) the designated State law enforcement agen-
cy and any local law enforcement agency authorized
by the State agency may release relevant informa-
tion that is necessary to protect prisoners concerning
a specific person whose name is included in the
database, except that the identity of a victim of an
offense that requires information to be maintained
under this section shall not be released.
(c) IMMUNITY FOR GOOD FAITH CONDUCT.—Law
enforcement agencies, employees of law enforcement agen-
cies, and State officials shall be immune from criminal or
civil liability for good faith conduct in releasing informa-
tion under this section.
(d) INELIGIBILITY FOR FUNDS.—
(1) IN GENERAL.—A State that fails to imple-
ment the program as described under this section
shall not receive 10 percent of the funds that would
otherwise be allocated to the State under subtitle A
of title II of the Violent Crime Control and Law En-
forcement Act of 1994 (42 U.S.C. 13701).
111
(2) REALLOCATION.—Any funds that are not
allocated for failure to comply with this section shall
be reallocated to States that comply with this sec-
tion.
(3) COMPLIANCE DATE.—Each State shall have
not more than 3 years from the date of enactment
of this Act in which to implement this section, ex-
cept that the Attorney General may grant an addi-
tional 2 years to a State that is making good faith
efforts to implement this section.
SEC. 344. PROHIBITED SEXUAL CONDUCT BY CORREC-
TIONAL STAFF.
(a) REDUCTION OF FUNDS.—In addition to the re-
duction of funds under section 343(d)(1), a State that
does not have criminal penalties or a State that fails to
implement criminal penalties explicitly prohibiting custo-
dial sexual misconduct by correctional staff against pris-
oners shall not receive 10 percent of the funds that would
otherwise be allocated to the State under subtitle A of title
II of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 13701).
(b) REALLOCATION.—Any funds that are not allo-
cated for failure to comply with this section shall be reallo-
cated to States that comply with this section.
112
(c) COMPLIANCE DATE.—Each State shall have not
more than 3 years from the date of enactment of this Act
in which to implement this section, except that the Attor-
ney General may grant an additional 2 years to a State
that is making good faith efforts to implement this sec-
tion.
SEC. 345. NATIONAL SEXUAL CONTACT HOTLINE FOR PRIS-
ONERS.
(a) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Attorney General
shall create a national, confidential, toll-free telephone
hotline to collect data and to provide information and as-
sistance to prisoners who have experienced custodial sex-
ual misconduct by corrections staff.
(b) ACTIVITIES.—Funds authorized under this sec-
tion shall be utilized to establish and operate a national,
confidential, toll-free sexual contact hotline. Such funds
shall be used for activities, including—
(1) contracting with a carrier for the use of a
toll-free telephone line;
(2) employing, training, and supervising person-
nel to answer incoming calls and provide counseling
and referral services to callers;
(3) assembling, maintaining, and continually
updating a database of information and resources to
113
which callers may be referred throughout the United
States;
(4) publicizing the hotline to prisoners through-
out the United States; and
(5) tracking of the number of reports, including
the name and location of the individual reporting the
offender, and incidents.
(c) REPORTING OF INFORMATION.—Information re-
garding the number of reports and the status of those re-
ports shall be included in the Attorney General’s annual
report to Congress.
(d) PROCESSING REPORTS.—Reports may be re-
ferred to the criminal section of the Civil Rights Division
of the Department of Justice for investigation or for refer-
ral to the appropriate State agency for investigation.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$300,000 for fiscal year 2000 and $100,000 for each of
the fiscal years 2001, 2002, 2003, and 2004.
SEC. 346. DEFINITIONS.
For purposes of this subtitle:
(1) CORRECTIONAL STAFF.—The term ‘‘correc-
tional staff’’ means any employee, contractual em-
ployee, volunteer, or agent of a correctional depart-
ment who is working in any contact position with
114
any prisoners under the jurisdiction of that depart-
ment.
(2) CUSTODIAL
SEXUAL
MISCONDUCT.—The
term ‘‘custodial sexual misconduct’’ means any phys-
ical contact, directly or through the clothing, with
the sexual or intimate parts of a person for the pur-
pose of sexual gratification of either party, when
the—
(A) parties involved are a person in cus-
tody of a correctional department and a mem-
ber of the correctional staff; or
(B) contact occurs under circumstances of
coercion, duress, or threat of force by a member
of the correctional staff.
Subtitle E—Hate Crimes
Prevention
SEC. 351. SHORT TITLE.
This subtitle may be cited as the ‘‘Hate Crimes Pre-
vention Act of 1999’’.
SEC. 352. FINDINGS.
Congress finds that—
(1) the incidence of violence motivated by the
actual or perceived race, color, national origin, reli-
gion, sexual orientation, gender, or disability of the
victim poses a serious national problem;
115
(2) such violence disrupts the tranquility and
safety of communities and is deeply divisive;
(3) existing Federal law is inadequate to ad-
dress this problem;
(4) such violence affects interstate commerce in
many ways, including—
(A) impeding the movement of members of
targeted groups and forcing such members to
move across State lines to escape the incidence
or risk of such violence; and
(B) preventing members of targeted groups
from purchasing goods and services, obtaining
or sustaining employment, or participating in
other commercial activity;
(5) perpetrators cross State lines to commit
such violence;
(6) instrumentalities of interstate commerce are
used to facilitate the commission of such violence;
(7) such violence is committed using articles
that have traveled in interstate commerce;
(8) violence motivated by bias that is a relic of
slavery can constitute badges and incidents of slav-
ery;
(9) although many local jurisdictions have at-
tempted to respond to the challenges posed by such
116
violence, the problem is sufficiently serious, wide-
spread, and interstate in scope to warrant Federal
intervention to assist such jurisdictions; and
(10) many States have no laws addressing vio-
lence based on the actual or perceived race, color,
national origin, religion, sexual orientation, gender,
or disability, of the victim, while other States have
laws that provide only limited protection.
SEC. 353. DEFINITION OF HATE CRIME.
In this Act, the term ‘‘hate crime’’ has the same
meaning as given such term by section 280003(a) of the
Violent Crime Control and Law Enforcement Act of 1994
(28 U.S.C. 994 note).
SEC. 354. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.
Section 245 of title 18, United States Code, is
amended—
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c)(1) Whoever, whether or not acting under color
of law, willfully causes bodily injury to any person or,
through the use of fire, a firearm, or an explosive device
or attempts to cause bodily injury to any person, because
117
of the actual or perceived race, color, religion, or national
origin of any person—
‘‘(A) shall be imprisoned not more than 10
years, or fined in accordance with this title, or both;
or
‘‘(B) shall be imprisoned for any term of years
or for life, or fined in accordance with this title, or
both if—
‘‘(i) death results from the acts committed
in violation of this paragraph; or
‘‘(ii) the acts committed in violation of this
paragraph include kidnapping or an attempt to
kidnap, aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or an at-
tempt to kill.
‘‘(2)(A) Whoever, whether or not acting under color
of law, in any circumstance described in subparagraph
(B), willfully causes bodily injury to any person or,
through the use of fire, a firearm, or an explosive device,
attempts to cause bodily injury to any person, because of
the actual or perceived religion, gender, sexual orientation,
or disability of any person—
‘‘(i) shall be imprisoned not more than 10
years, or fined in accordance with this title, or both;
or
118
‘‘(ii) shall be imprisoned for any term of years
or for life, or fined in accordance with this title, or
both, if—
‘‘(I) death results from the acts committed
in violation of this paragraph; or
‘‘(II) the acts committed in violation of
this paragraph include kidnapping or an at-
tempt to kidnap, aggravated sexual abuse or an
attempt to commit aggravated sexual abuse, or
an attempt to kill.
‘‘(B) For purposes of subparagraph (A), the cir-
cumstances described in this subparagraph are that—
‘‘(i) in connection with the offense, the defend-
ant or the victim travels in interstate or foreign
commerce, uses a facility or instrumentality of inter-
state or foreign commerce, or engages in any activity
affecting interstate or foreign commerce; or
‘‘(ii) the offense is in or affects interstate or
foreign commerce.’’.
SEC. 355. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) AMENDMENT OF FEDERAL SENTENCING GUIDE-
LINES.—Pursuant to its authority under section 994 of
title 28, United States Code, the United States Sentencing
Commission shall study the issue of adult recruitment of
juveniles to commit hate crimes and shall, if appropriate,
119
amend the Federal sentencing guidelines to provide sen-
tencing enhancements (in addition to the sentencing en-
hancement provided for the use of a minor during the
commission of an offense) for adult defendants who recruit
juveniles to assist in the commission of hate crimes.
(b) CONSISTENCY WITH OTHER GUIDELINES.—In
carrying out this section, the United States Sentencing
Commission shall—
(1) ensure that there is reasonable consistency
with other Federal sentencing guidelines; and
(2) avoid duplicative punishments for substan-
tially the same offense.
SEC. 356. GRANT PROGRAM.
(a) AUTHORITY TO MAKE GRANTS.—The Attorney
General, acting through the Administrator of the Office
of Juvenile Justice and Delinquency Prevention of the De-
partment of Justice shall make grants, in accordance with
such regulations as the Attorney General may prescribe,
to State and local programs designed to combat hate
crimes committed by juveniles.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.
120
SEC. 357. AUTHORIZATION FOR ADDITIONAL PERSONNEL
TO ASSIST STATE AND LOCAL LAW ENFORCE-
MENT.
There are authorized to be appropriated to the De-
partment of the Treasury and the Department of Justice,
including the Community Relations Service, for fiscal
years 2000, 2001, 2002, 2003, and 2004 such sums as
are necessary to increase the number of personnel to pre-
vent and respond to alleged violations of section 245 of
title 18, United States Code, as amended by section 354.
Subtitle F—Rescheduling and
Classification of Date-Rape Drugs
SEC. 361. RECLASSIFICATION OF DATE-RAPE DRUG.
Notwithstanding section 201 of the Controlled Sub-
stances Act (21 U.S.C. 811) respecting the scheduling of
controlled substances, the Attorney General shall, by
order, transfer flunitrazepam from schedule IV of such
Act to schedule I of such Act.
SEC. 362. CLASSIFICATION OF DATE-RAPE DRUGS.
Notwithstanding section 201 of the Controlled Sub-
stances Act (21 U.S.C. 811) respecting the scheduling of
controlled substances, the Attorney General shall, by
order, add ketamine to schedule III of such Act and shall,
by order, add Gamma Hydroxy Butyric Acid to schedule
I of such Act.
121
Subtitle G—Access to Safety and
Advocacy for Victims of Sexual
Assault
SEC. 371. PURPOSE.
The purpose of this subtitle is to enhance safety and
justice for victims of sexual violence in every State, juris-
diction under military or Federal control, tribal land, terri-
tory, or commonwealth through access to the justice sys-
tem and improved legal advocacy and representation.
SEC. 372. GRANTS TO IMPROVE ACCESS TO THE JUSTICE
SYSTEM.
(a) ELIGIBLE
GRANTEES.—Eligible grantees for
grants under subsection (c) are—
(1) sexual assault 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 sexual assault legal infor-
mation and referral services or hotlines;
(7) State and tribal coalitions of sexual assault
programs; and
(8) tribes and tribal organizations.
(b) ELIGIBLE SERVICES.—Activities funded under
this subtitle shall be designed to further the health, con-
122
fidentiality, safety, and economic needs of adult and child
victims of sexual assault through legal assistance and ad-
vocacy for victims of sexual assault in civil, criminal, and
administrative actions. Activities funded under this sub-
title shall include legal assistance and advocacy on behalf
of (1) low-income and indigent persons, or (2) persons who
have inadequate access to sufficient financial resources to
secure appropriate legal assistance.
(c) GRANT AUTHORITY.—The Attorney General may
make grants for the following purposes:
(1) To improve the availability and quality of
legal assistance and advocacy to adult and child vic-
tims of sexual assault through efforts directed at
stopping the violence, and enhancing the health, con-
fidentiality, safety, and economic needs of adult and
child victims of sexual assault.
(2) To encourage the development of partner-
ships between sexual assault programs and the full
spectrum of legal representation and advocacy pro-
grams, including legal services programs, bar asso-
ciations, legal hotlines, and law school programs.
(3) To increase participation of the private bar
in pro bono or low-cost representation or assistance
to adult and child victims of sexual assault.
123
(4) To improve judicial and administrative han-
dling of pro se cases involving adult and child vic-
tims of sexual assault.
(5) To improve the availability and quality of
legal representation through education and training
programs on sexual assault in law schools and con-
tinuing professional education programs, including
development and distribution of education materials
and practice manuals.
SEC. 373. APPLICATION.
To be eligible for a grant under section 372(c) an
applicant shall—
(1) for entities described in paragraphs (2)
through (6) of section 372(a), include documentation
of an ongoing partnership and working relationship
with a local or tribal sexual assault program or
State or tribal sexual assault coalition;
(2) demonstrate a history of providing direct
legal or advocacy services in a manner that is ac-
countable to the community served;
(3) certify that—
(A) any person providing legal assistance
through a program funded under a grant under
section 372(c) has completed training on sexual
assault law and practice;
124
(B) any training programs conducted in
satisfaction of the requirement of subparagraph
(A) be developed with input from and in col-
laboration with a local or tribal sexual assault
program or State or tribal sexual assault coali-
tion;
(C) the grantee’s organizational policies do
not require or encourage mediation or counsel-
ing involving offenders and victims, in cases
where adult or child sexual assault is an issue;
and
(D) any person providing legal assistance
through a program funded under a grant under
section 372(c) has informed the State or tribal
sexual assault coalition of their work and par-
ticipates in any statewide networking among
legal assistance providers to victims of sexual
assault.
SEC. 374. FUNDING.
(a) ALLOCATION OF FUNDS.—Of the total amounts
appropriated under subsection (b) in any fiscal year—
(1) at least 45 percent shall be allocated to
projects that provide direct representation to adult
and child victims of sexual assault through staff, vol-
unteers, or partnerships in actions undertaken to
125
achieve or preserve the health, confidentiality, safety,
and economic needs of adult and child victims of
sexual assault;
(2) at least 5 percent shall be used for grants
to tribes and tribal organizations, including tribal
courts and tribal bar associations and use of such
funds for grants to tribes and tribal organizations
shall in no way preclude tribes and tribal organiza-
tions from receiving additional grants for direct rep-
resentation, technical assistance, or any other eligi-
ble purpose under this subtitle;
(3) no more than 25 percent shall be awarded
to technical assistance and training initiatives; and
(4) no more than 5 percent shall be utilized for
the costs of administration.
Grant funds not obligated at the end of the grant period
will be redistributed in the following fiscal year to grantees
eligible for grants under section 372.
(b) FUNDING LEVELS.—Funding for grants under
section 372 shall be authorized at the following levels:
(1) $10,000,000 for fiscal year 2000.
(2) $15,000,000 for fiscal year 2001.
(3) $20,000,000 for fiscal year 2002.
(4) $25,000,000 for fiscal year 2003.
(5) $30,000,000 for fiscal year 2004.
126
(c) TERMS.—
(1) Federal funds under a grant under section
372 shall be used to supplement, not supplant, other
Federal and non-Federal funds that would be avail-
able for expenditure on activities described in section
372. Moneys disbursed under a grant under section
372 shall be used to fund new projects or to expand
or enhance existing projects.
(2) Activities funded under a grant under sec-
tion 372 shall be conducted pursuant to any applica-
ble Federal, State, tribal, or local law governing dis-
crimination on the basis of race, national origin, reli-
gion, age, gender, sexual orientation, or disability.
Entities funded under a grant under section 372
shall not be restricted from providing services be-
cause of the immigration status or sexual orientation
of the person seeking services.
SEC. 375. DEFINITIONS.
For purposes of this subtitle:
(1) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and terri-
torial jurisdictions or tribal jurisdictions of the
United States or in a Federal prison and includes
127
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.
(2) SEXUAL
ASSAULT
PROGRAM.—The term
‘‘sexual assault program’’ means a nonprofit, non-
governmental organization, the primary purpose of
which is to provide advocacy on behalf of and com-
prehensive services to victims of sexual assault in-
cluding, but not limited to, some combination of the
following: crisis hotlines; counseling; systems advo-
cacy; transportation; safety planning; information;
and referrals to 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
sexual assault directed at improving the health, con-
fidentiality, safety, and economic needs of adult and
child victims of sexual assault.
(4) LEGAL ASSISTANCE.—The term ‘‘legal as-
sistance’’ includes—
128
(A) direct representation of and assistance
to victims of sexual assault from intake through
adjudication, enforcement and appeal, in any
civil, criminal, or administrative actions which
are directed at improving the health, confiden-
tiality, safety, and economic needs of adult and
child victims of sexual assault; 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 civil,
criminal, and administrative proceedings, and
coordination among legal, social, and health
care systems, offered by personnel of sexual as-
sault programs, which are directed at improving
the health, confidentiality, safety, and economic
needs of adult and child victims of sexual as-
sault.
(5) NONPROFIT DIRECT LEGAL SERVICES.—The
term ‘‘nonprofit direct legal services’’ means a non-
profit, nongovernmental legal organization which has
as its primary purpose the provision of legal assist-
ance to persons on a no-cost, sliding scale, deferred
payment, or fixed fee basis on civil, criminal, or ad-
129
ministrative matters and which provides specialized
representation to adult and child victims of sexual
assault directed at improving the health, confiden-
tiality, safety, and economic needs of adult and child
victims of sexual assault.
(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 sexual assault
program that offers no-cost representation, legal
educational programs, or information and referral
services to victims of adult and child sexual assault
directed at improving the health, confidentiality,
safety, and economic needs of adult and child vic-
tims of sexual assault.
(7) PRO SE PROGRAM.—The term ‘‘pro se pro-
gram’’ means a program based in the State, tribal,
or local courts, in nonprofit direct legal services or-
ganizations, or in sexual assault programs to assist
adult and child victims of sexual assault—
(A) in preparing and filing court pleadings,
forms, memos, proposed orders, and related
documents in effecting service and in represen-
tation of themselves in any civil, criminal, or
administrative matters or proceedings directed
130
at improving the health, confidentiality, safety,
and economic needs of adult and child victims
of sexual assault;
(B) in developing comprehensive safety
plans; and
(C) by providing other information and re-
ferral services.
(8) STATE, TRIBAL, AND LOCAL BAR ASSOCIA-
TION.—The term ‘‘State, tribal, and local bar asso-
ciation’’ means a State, tribal, or local association of
attorneys of a specified geographic area whose mem-
bers are licensed to practice in the jurisdiction and
that offers information, referral, or pro bono legal
services to adult and child victims of sexual assault
related to improving the health, confidentiality, safe-
ty, and economic needs of adult and child victims of
sexual assault.
(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 population served.
(10) STATE
COALITION
OF
SEXUAL
ASSAULT
PROGRAMS.—The term ‘‘State coalition of sexual as-
sault programs’’ means a statewide, nonprofit, non-
131
governmental membership organization of a majority
of sexual assault programs within a State, that
among other activities, provides training and tech-
nical assistance to sexual assault programs within a
State, commonwealth, territory, or lands under mili-
tary, Federal, or tribal authority.
TITLE IV—DOMESTIC VIOLENCE
PREVENTION
Subtitle A—Domestic Violence and
Sexual Assault Victims’ Housing
SEC. 401. SHORT TITLE.
This subtitle may be cited as the ‘‘Domestic Violence
and Sexual Assault Victims’ Housing Act’’.
SEC. 402. FINDINGS.
Congress finds as follows:
(1) Housing can prevent domestic violence and
mitigate its effects. The connection between domes-
tic 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 homeless-
ness.
(3) Women’s poverty levels aggravate the prob-
lems of homelessness and domestic violence. Two out
132
of three poor adults are women. Female-headed
households are six 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 fe-
male-headed households. In addition, 5,100,000 poor
women who are not in families are poor.
(4) Almost 50 percent of the women who re-
ceive Temporary Assistance to Needy Families funds
cite domestic violence as a factor in the need for as-
sistance.
(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 vio-
lence victim’s neighborhood. While this placement
may be deliberate to protect domestic violence vic-
tims from their abusers, it can also be intimidating
and alienating for a woman to leave her home, com-
munity, cultural support system, and all that she
knows for shelter way across town. Thus, women of
133
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 esti-
mated 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 fami-
lies going unmet. In fact 88 percent of cities re-
ported 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 vio-
lence and are learning new job skills, participating
in educational programs, working full-time jobs, or
searching for adequate child care in order to gain
134
self-sufficiency. Transitional housing resources and
services provide a continuum between emergency
shelter provision and independent living.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS.
For purposes of section 404, the authorization of ap-
propriations 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 fiscal years 2000
through 2004.
SEC. 404. USE OF AMOUNTS FOR HOUSING ASSISTANCE
FOR 
VICTIMS 
OF 
DOMESTIC 
VIOLENCE,
STALKING, OR ADULT OR CHILD SEXUAL AS-
SAULT.
(a) IN GENERAL.—The additional amounts to be
made available by section 403 under section 429 of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11389) shall be made available by the Secretary only to
qualified, nonprofit, nongovernmental organizations (as
such term is defined in section 406) only for the purpose
of 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)) and tenant-
based rental assistance, financial assistance for security
deposit, first month’s rent, or ongoing rental assistance
135
on behalf of individuals or families victimized by domestic
violence, stalking, or adult or child sexual assault (as such
terms are defined in section 405) who have left or are leav-
ing a residence as a result of the domestic violence, stalk-
ing, or adult or child sexual assault. Each recipient shall
be required to supplement the assistance provided under
this subsection with a 25 percent match of funds for sup-
portive services (as such term is referred to in subchapter
IV of part C of the Stewart B. McKinney Homeless Assist-
ance Act (42 U.S.C. 11385)) from sources other than this
subsection. Each recipient shall certify to the Secretary
its compliance with this subsection and shall include with
the certification 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 vio-
lence, stalking, or adult or child sexual assault shall be
considered to have left or to be leaving a residence as a
result of domestic violence, stalking, or adult or child sex-
ual assault if the qualified, nonprofit, nongovernmental or-
ganization providing support, including tenant-based rent-
al assistance, financial assistance for security deposit, first
month’s rent, or ongoing rental assistance under sub-
section (a) determines that the individual or member of
the family who was a victim of the domestic violence,
136
stalking, or adult or child sexual assault reasonably be-
lieves that relocation from such residence will assist in
avoiding future domestic violence, stalking, or adult or
child sexual assault against such individual or another
member of the family.
(c) ALLOCATION.—Amounts made available pursuant
to subsection (a) shall be allocated by the Secretary on
the basis of a national competition among the qualified,
nonprofit, nongovernmental organizations that submit ap-
plications to the Secretary that best demonstrate a need
for such assistance, including the extent of service pro-
vided 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. Of the total funds appro-
priated under section 403 in any of the enumerated fiscal
years, at least 5 percent shall be used for grants to Indian
tribes or Indian tribal organizations that provide emer-
gency shelter, transitional housing, or permanent housing
or supportive services to individuals or families victimized
by domestic violence, stalking, or adult or child sexual as-
sault and Indian tribes or Indian tribal organizations
which receive such grants may apply for and receive other
grants from the total funds appropriated under this sub-
137
title. All other grants awarded shall go to qualified, non-
profit, nongovernmental organizations. If, at the end of
the 6th month of any fiscal year for which sums are appro-
priated under section 403, the amount appropriated has
not been made available to a qualified, nonprofit, non-
governmental organization under subsection (a) for pur-
poses outlined therein, the Secretary shall reallot such
amount to qualified, nonprofit, nongovernmental organiza-
tions that are eligible for funding under subchapter IV of
part C of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11381–11389). Funds made available by
the Secretary through reallotment under the preceding
sentence shall remain available for expenditure until the
end of the fiscal year following the fiscal year in which
such funds become available for reallotment.
SEC. 405. DEFINITIONS.
For purposes of this subtitle:
(1) DOMESTIC VIOLENCE.—The term ‘‘domestic
violence’’ includes acts or threats of violence or ex-
treme 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 current or former spouse of the vic-
tim, by a person with whom the victim has a child
in common, by a person who is cohabiting with or
138
has cohabited with the victim, by a person who is or
has been in a continuing social relationship of a ro-
mantic or intimate nature with the victim, by a per-
son similarly situated to a spouse of the victim
under the domestic or family violence laws of the ju-
risdiction, or by any other person against a victim
who is protected from that person’s acts under the
domestic or family violence laws of the jurisdiction.
(2) FAMILY
VICTIMIZED
BY
DOMESTIC
VIO-
LENCE, STALKING, OR ADULT OR CHILD SEXUAL AS-
SAULT.—
(A) IN GENERAL.—The term ‘‘family vic-
timized by domestic violence, stalking, or adult
or child sexual assault’’ means a family or
household that includes an individual who has
been determined under subparagraph (B) to
have been a victim of domestic violence, stalk-
ing, or adult or child sexual assault, but does
not include any individual described in para-
graph (1), (2), or (3) who committed the do-
mestic violence, sexual assault, or adult or child
sexual assault. The term includes any such fam-
ily or household in which only a minor or mi-
nors are the individual or individuals who was
or were a victim of domestic violence, stalking,
139
or sexual assault only if such family or house-
hold also includes a parent, stepparent, legal
guardian, or other responsible caretaker for the
child.
(B) DETERMINATION THAT FAMILY OR IN-
DIVIDUAL
WAS
A
VICTIM
OF
DOMESTIC
VIO-
LENCE, STALKING, OR ADULT OR CHILD SEX-
UAL ASSAULT.—For purposes of subparagraph
(A), a determination under this subparagraph is
a determination that domestic violence, stalk-
ing, or adult or child sexual assault has been
committed, which is made by any agency or of-
ficial of a State, Indian tribe, tribal organiza-
tion, or unit of general local government based
upon—
(i) information provided by any medi-
cal, legal, counseling, or other clinic, shel-
ter, sexual assault program or other pro-
gram or entity licensed, recognized, or au-
thorized by the State, Indian tribe, tribal
organization, or unit of general local gov-
ernment to provide services to victims of
domestic violence, stalking, or adult or
child sexual assault;
140
(ii) information provided by any agen-
cy of the State, Indian tribe, tribal organi-
zation, unit of general local government, or
qualified, nonprofit, nongovernmental orga-
nization that provides or administers the
provision of social, medical, legal, or health
services;
(iii) information provided by any cler-
gy;
(iv) information provided by any hos-
pital, clinic, medical facility, or doctor li-
censed or authorized by the State, Indian
tribe, tribal organization, or unit of general
local government to provide medical serv-
ices;
(v) a petition, application, or com-
plaint 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 adminis-
trative 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 re-
port; or
141
(vi) any other reliable evidence that
domestic violence, stalking, or adult or
child sexual assault has occurred.
A victim’s statement that domestic violence,
stalking, or adult or child sexual assault has oc-
curred shall be sufficient unless the agency has
an independent, reasonable basis to find the in-
dividual not credible.
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
shall have the same meaning given the term in sec-
tion 2002(3) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg–2(3)).
(4) 
QUALIFIED, 
NONPROFIT, 
NONGOVERN-
MENTAL ORGANIZATION.—The term ‘‘qualified, non-
profit, nongovernmental organization’’ means a pri-
vate organization that—
(A) is organized, or has as one of its pri-
mary purposes, to provide emergency shelter,
transitional housing, or permanent housing for
victims of domestic violence, stalking, or adult
or child 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 adult or child
142
sexual assault that undertakes a collaborative
project with a qualified, nonprofit, nongovern-
mental organization that primarily provides
emergency shelter, transitional housing, or per-
manent 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 fi-
nancial responsibility; and
(E) demonstrates experience in providing
services to victims of domestic violence, stalk-
ing, or adult or child sexual assault.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Housing and Urban Development.
(6) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not
the conduct occurs in the special maritime and terri-
torial jurisdiction of the United States, on an Indian
reservation, or in a Federal prison and includes both
assaults committed by offenders who are strangers
to the victims and assaults committed by offenders
143
who are known to the victims or related by blood or
marriage to the victim.
(7) STALKING.—The term ‘‘stalking’’ means
engaging in a course of conduct directed at a spe-
cific 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 fam-
ily, when the person engaging in such conduct has
knowledge or should have knowledge that the spe-
cific 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 imme-
diate family.
(8) STATE.—The term ‘‘State’’ means the
States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Com-
monwealth 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 ‘‘tran-
sitional housing’’ includes short-term housing and is
given the meaning of subchapter IV, part C of the
144
Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11384(b)).
(10) TRIBAL ORGANIZATION.—The term ‘‘tribal
organization’’ means a private, nonprofit, non-
governmental, or tribally chartered organization—
(A) whose primary purpose is to provide
emergency shelter, transitional housing, or per-
manent housing or supportive services to indi-
viduals or families victimized by domestic vio-
lence, stalking, or adult or child 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
GOVERN-
MENT.—The term ‘‘unit of general local govern-
ment’’ has the meaning given the term in section
102(a) of the Housing and Community Development
Act of 1974 (42 U.S.C. 5302(a)).
Subtitle B—Full Faith and Credit
for Protection Orders
SEC. 411. FULL FAITH AND CREDIT FOR PROTECTION OR-
DERS.
(a) Subsection 2265(a) of title 18, United States
Code, is amended—
145
(1) by inserting ‘‘(1)’’ before ‘‘Any’’; and
(2) by adding after paragraph (1) the following:
‘‘(2) For purposes of enforcement, a tribal court may
exercise civil and criminal jurisdiction over any person, In-
dian or non-Indian, who violates a protection order within
the tribal court’s jurisdiction, if the exercise of jurisdiction
comports with the Indian Civil Rights Act (25 U.S.C.
1301 et seq.). The exercise of criminal jurisdiction under
this paragraph is subject to Federal court habeas corpus
review under section 203 of such Act after tribal court
remedies are exhausted.
‘‘(3) For purposes of Federal, State, and tribal law
enforcement, a protection order issued by any Federal,
State, or tribal court shall be presumed valid upon its
face.’’.
(b) Subsection 2265(b) of title 18, United States
Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘A’’; and
(2) by adding after paragraph (1) the following:
‘‘(2) 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 jurisdic-
tion over the defendant because of the defendant’s status
as a non-Indian or nonmember Indian.’’.
146
(c) Section 2265 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(d) REGISTRATION.—Nothing in this section shall
require prior filing or registration of a protection order
in the enforcing State or tribal government in order to
secure enforcement pursuant to subsection (a). Nothing
in this section shall 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.
‘‘(e) NOTICE.—Nothing in this section shall require
notification of the party against whom the order was made
in order to secure enforcement by a law enforcement offi-
cer pursuant to subsection (a).’’.
(d) Section 2266 of title 18, United States Code, is
amended—
(1) by inserting ‘‘issued pursuant to State or
tribal divorce and child custody codes’’ after ‘‘cus-
tody orders’’; and
(2) by adding ‘‘Custody and visitation provi-
sions in protection orders are subject to the man-
dates of this chapter.’’ after ‘‘seeking protection.’’.
(e) Section 2265 of title 18, United States Code, as
amended by subsection (c), is amended by adding at the
end the following:
147
‘‘(f) COMPLIANCE WITH FULL FAITH AND CRED-
IT.—Within 180 days of the date of the enactment of the
Violence Against Women Act of 1999, the Attorney Gen-
eral shall issue regulations to determine whether a State
is in compliance with subsections (a), (b), and (c), taking
into account the following factors:
‘‘(1) The State’s documented good faith efforts
to ensure compliance by judicial, law enforcement,
and other State officials, including the extent and
nature of any training programs, outreach, and
other activities.
‘‘(2) The degree to which any case of non-
compliance by a State official represents an isolated
incident, rather than a pattern of nonenforcement.
‘‘(3) Any barriers to compliance presented by
outdated technology, recordkeeping problems, or
similar issues, and the State’s documented good
faith efforts to remove those barriers.
‘‘(g) FORMULA GRANT REDUCTION FOR NONCOMPLI-
ANCE.—
‘‘(1) PENALTY.—Until such time as the State
out of compliance is deemed by the Attorney General
to comply with the requirements of subsections (a),
(b), and (c), the Attorney General shall reduce by 10
percent the amount a State would receive under sub-
148
part 1 of part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968.
‘‘(2) GRACE PERIOD.—The funding penalty as-
sessed against a noncompliant State will be held for
a period of 6 months after the beginning of the fis-
cal year. If during that time the State complies with
subsections (a), (b), and (c), the funding will be re-
leased to the newly compliant State. Any funding
not released at the end of the 6-month grace period
shall be redistributed to other participating States
that comply with subsections (a), (b), and (c).
‘‘(3) EFFECTIVE DATE.—The Attorney General
may begin to reduce funds described in paragraph
(1) on the first day of each fiscal year succeeding
the third fiscal year beginning after the date of the
enactment of this subsection.’’.
(f) Section 501(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is amended
by renumbering paragraphs (19) through (26) as para-
graphs (20) through (27), respectively, and inserting after
paragraph (18) the following:
‘‘(19) developing and implementing policies and
guidelines and establishing collaborative relation-
ships with adjoining States, including memorandums
of understanding, to enable compliance with section
149
2265 of title 18, United States Code, and effectively
addressing educational, training, technology, and
process barriers to compliance;’’.
SEC. 412. GRANT PROGRAM.
(a) IN GENERAL.—The Attorney General may pro-
vide 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 govern-
ment.
(b) USES OF FUNDS.—
(1) IN
GENERAL.—Grants under this section
shall provide training and enhanced technology com-
patible with existing law enforcement systems in-
cluding the National Crime Information Center to
enforce protection orders.
(2) USES
OF
FUNDS.—Funds received under
this section may be used to train law enforcement,
prosecutors, court personnel, victim service provid-
ers, and others responsible for the enforcement of
protection orders, and to develop, install, or expand
data collection and communication systems, includ-
ing computerized systems, linking police, prosecu-
150
tors, and courts for the purpose of identifying and
tracking protection orders and violations of protec-
tion orders and training.
(3) GRANTS
TO
TRIBAL
GOVERNMENTS.—At
least 50 percent of the amounts appropriated under
subsection (c) for the purposes of this section shall
be used for grants to Indian tribal governments.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section,
$10,000,000 for each of fiscal years 2000, 2001, 2002,
2003, and 2004.
Subtitle C—Victims of Abuse
Insurance Protection
SEC. 421. SHORT TITLE.
This subtitle may be cited as the ‘‘Victims of Abuse
Insurance Protection Act’’.
SEC. 422. DEFINITIONS.
As used in this subtitle:
(1) ABUSE.—The term ‘‘abuse’’ means the oc-
currence of one or more of the following acts by a
current or former household or family member, inti-
mate partner, or caretaker:
(A) Attempting to cause or causing an-
other person bodily injury, physical harm, sub-
stantial emotional distress, psychological trau-
151
ma, rape, sexual assault, or involuntary sexual
intercourse.
(B) Engaging in a course of conduct or re-
peatedly committing acts toward another per-
son, including following the person without
proper authority and under circumstances that
place the person in reasonable fear of bodily in-
jury or physical harm.
(C) Subjecting another person to false im-
prisonment or kidnapping.
(D) Attempting to cause or causing dam-
age to property so as to intimidate or attempt
to control the behavior of another person.
(2) 
ABUSE-RELATED
CLAIM.—The 
term
‘‘abuse-related claim’’ means a claim arising in
whole or in part out of an act or pattern of abuse.
(3) ABUSE-RELATED
MEDICAL
CONDITION.—
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.
(4) ABUSE STATUS.—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 med-
ical conditions or has incurred abuse-related claims.
152
(5) 
HEALTH
BENEFIT
PLAN.—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-
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).
(6) HEALTH CARRIER.—The term ‘‘health car-
rier’’ means a person that contracts or offers to con-
153
tract on a risk-assuming basis to provide, deliver, ar-
range for, pay for or reimburse, any of the cost of
health care services, including a sickness and acci-
dent insurance company, a health maintenance orga-
nization, a nonprofit hospital and health service cor-
poration, or any other entity providing a plan of
health insurance, health benefits or health services.
(7) INSURED.—The term ‘‘insured’’ means a
party named on a policy, certificate, or health bene-
fit plan, including an individual, corporation, part-
nership, 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.
(8) INSURER.—The term ‘‘insurer’’ means any
person, reciprocal exchange, interinsurer, Lloyds in-
surer, fraternal benefit society, or other legal entity
engaged in the business of insurance, including
agents, brokers, adjusters, and third party adminis-
trators. The term also includes health carriers,
154
health benefit plans, and life, disability, and prop-
erty and casualty insurers.
(9) POLICY.—The term ‘‘policy’’ means a con-
tract 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.
(10) SUBJECT OF ABUSE.—The term ‘‘subject
of abuse’’ means a person 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 psycho-
logical treatment for abuse, protection, court-ordered
protection, or shelter from abuse.
SEC. 423. DISCRIMINATORY ACTS PROHIBITED.
(a) IN GENERAL.—No insurer may, directly or indi-
rectly, engage in any of the following acts or practices on
the basis that the applicant or insured or any person em-
ployed by the applicant or insured or with whom the appli-
cant or insured is known to have a relationship or associa-
tion is, has been, or may be the subject of abuse or has
incurred or may incur abuse-related claims:
155
(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) INNOCENT INSURED.—No insurer may, directly
or indirectly, deny or limit payment of a claim incurred
by an innocent insured as a result of abuse.
(c) TERMINATION OF HEALTH COVERAGE.—No in-
surer 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 in-
voluntarily and the subject of abuse does not 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 section 4980B of the
Internal Revenue Code of 1986. Nothing in this subsection
prohibits the insurer from requiring the subject of abuse
to pay the full premium for the subject’s coverage under
156
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 subsection has been in force for 18 months if it
offers conversion to an equivalent individual plan. 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 or the Employee Retirement In-
come Security Act of 1974 (29 U.S.C. 1161 et seq.) or
section 4980B of the Internal Revenue Code of 1986 pro-
vided to a subject of abuse and is not intended to be in
addition to any extension of coverage provided 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
section 4980B of the Internal Revenue Code of 1986.
(d) USE OF INFORMATION.—
(1) INFORMATION RESTRICTION.—In order to
protect the safety and privacy of subjects of abuse,
no person employed by or contracting with an in-
surer or health benefit plan may use, disclose, or
transfer information relating to abuse status, acts of
abuse, abuse-related medical conditions, or the appli-
cant’s or insured’s status as a family member of,
employer of, associate of, or person in a relationship
with, a subject of abuse for any purpose unrelated
157
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 insur-
ance or an order of a court of competent jurisdic-
tion. In addition, such a person may not disclose or
transfer information relating to an applicant’s or in-
sured’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 re-
quired in order to provide insurance coverage and
such disclosure or transfer does not have the poten-
tial to endanger the safety of a subject of abuse.
Nothing in this paragraph shall be construed as lim-
iting 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
treatment of an abuse-related medical condition or
demonstrating that a medical condition is abuse-re-
lated. Nothing in this paragraph shall be construed
as authorizing an insurer or health carrier to dis-
regard such provided evidence.
158
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
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
159
records, to have committed an act of abuse against
the proposed insured.
SEC. 427. SUBROGATION WITHOUT CONSENT PROHIBITED.
Subrogation of claims resulting from abuse is prohib-
ited without the informed consent of the subject of abuse.
SEC. 428. ENFORCEMENT.
(a) FEDERAL TRADE COMMISSION.—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. If the Federal Trade Commission deter-
mines 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 sec-
tion 5 of the Federal Trade Commission Act (15 U.S.C.
45). Such cease and desist order may include any individ-
ual relief warranted under the circumstances, including
temporary, preliminary, and permanent injunctive and
compensatory relief.
(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-
160
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.
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.—
161
(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 de-
terring 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
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.
162
(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
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
163
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 committed by athletes, especially do-
mestic violence and sexual 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;
(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;
164
(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-
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
165
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
(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:
166
‘‘(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 (vi);
(2) by inserting ‘‘and’’ at the end of clause
(vii); and
(3) by inserting after clause (vii) the following:
‘‘(viii) is not intoxicated;’’.
(d) INTOXICATED DEFINED.—Section 921(a) of such
title is amended by adding at the end the following:
‘‘(35) The term ‘intoxicated’ means, with re-
spect to a person, that the mental or physical condi-
tion of the person is sufficiently impaired, as a re-
sult of the presence in the person’s body of alcohol,
a drug, or another substance, 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-
167
risdiction under military or Federal control, or 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.—To be eligible for a grant
under subsection (c) an applicant shall be a—
(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;
(7) State and tribal coalitions of domestic vio-
lence programs; and
(8) tribes and tribally recognized organizations.
(b) ELIGIBLE SERVICES.—Activities funded under
grants under subsection (c) shall be designed to further
the health, safety, and economic needs of victims of do-
mestic violence through legal assistance for victims of do-
mestic violence in any civil action, administrative proceed-
ing, or criminal cases where the defendant advances a
claim of duress or defense of self or other or in clemency
168
proceedings. Activities funded under such grants shall in-
clude legal assistance 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.
(2) To encourage the development of partner-
ships between domestic violence programs and the
full spectrum of legal representation and advocacy
programs, including private practitioners, Govern-
ment and public sector lawyers, direct legal services
programs, bar associations, legal hotlines, and law
school programs.
(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.
169
(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.—To be eligible for a grant
under subsection (c), applicants shall—
(1) for entities described in paragraphs (2)
through (6) of section 453(a), include documentation
of an ongoing partnership and working relationship
with a domestic violence program or State or tribal
coalition of domestic violence programs;
(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 section 453(c)
has completed training on domestic violence law
and practice;
(B) any training programs conducted in
satisfaction of the requirement of subparagraph
170
(A) be developed with input from and in col-
laboration with a domestic violence program or
State or tribal coalition of domestic violence
programs;
(C) the grantee’s organizational policies do
not require or encourage mediation in cases
where domestic violence is an issue; and
(D) any person providing legal assistance
through a program funded under section 453(c)
has informed any State or tribal domestic vio-
lence coalitions of their work and participates in
any statewide networking among legal assist-
ance providers to victims of domestic violence.
SEC. 455. FUNDING.
(a) ALLOCATION OF FUNDS.—Of the total amounts
appropriated under subsection (b) in any fiscal year—
(1) 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 including custody
and visitation, protection order, support, housing
and divorce matters, and other actions undertaken
to achieve or preserve victim safety;
(2) at least 5 percent shall be used for grants
to tribes and tribal organizations, including tribal
171
courts and bar associations and tribes and tribal or-
ganizations which receive such grants may receive
additional grants for direct representation, technical
assistance, or any other eligible purpose under this
subtitle;
(3) no more than 15 percent shall be awarded
to technical assistance and training initiatives;
(4) no more than 5 percent shall be awarded to
evaluation; and
(5) no more than 5 percent shall be utilized for
the costs of administration.
(b) FUNDING LEVELS.—There are authorized to be
appropriated for grants under section 453(c) $25,000,000
for fiscal year 2000, $30,000,000 for fiscal year 2001,
$35,000,000 for fiscal year 2002, $44,000,000 for fiscal
year 2003, and $57,000,000 for fiscal year 2004.
(c) MATCHING REQUIREMENTS.—Applicants for a
grant under section 453(c) shall be required to identify
an actual or in-kind match for any proposed grant under
section 453(c) of no more than 20 percent, except that
nonprofit nongovernmental organizations shall be exempt
from this matching requirement. Other Federal funding
may not be allocated as match.
(d) NONSUPPLANTATION.—Federal funds received
under section 453(c) shall be used to supplement, not sup-
172
plant, other Federal and non-Federal funds that would
otherwise be available for expenditures on activities de-
scribed in this subtitle. Moneys disbursed under section
453(c) shall be used to fund new projects or to expand
or enhance existing projects.
(e) DISCRIMINATION.—Activities funded under sec-
tion 453(c) 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 (42 U.S.C. 10406(a)(2)). Entities funded
under section 453(c) shall not be restricted from providing
services because of the immigration status or sexual ori-
entation 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
General or through contracts or other arrangements with
entities and may include consultation and problem solving,
the development of training programs, materials, and in-
formation on domestic violence law and practice, the iden-
173
tification 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 section 453(c) through contracts or other ar-
rangements with entities expert on domestic violence and
evaluation research.
SEC. 458. DEFINITIONS.
For purposes of this subtitle:
(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
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.
174
(2) DOMESTIC VIOLENCE PROGRAM.—The term
‘‘domestic violence program’’ means a nonprofit non-
governmental organization, the primary purpose of
which is to provide advocacy on behalf of and com-
prehensive services 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 assist-
ance.
(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.
(4) LEGAL ASSISTANCE.—The term ‘‘legal as-
sistance’’ includes—
(A) direct representation of and assistance
to victims of domestic violence from intake
175
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-
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
176
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,
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
177
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 COALITION OF DOMESTIC VIOLENCE
PROGRAMS.—The term ‘‘State coalition of domestic
violence programs’’ means a private, nonprofit, non-
governmental statewide membership organization of
domestic violence programs that, among other activi-
ties, provides training and technical assistance to do-
mestic violence programs within the State, common-
wealth, territory, or lands under military, Federal,
or tribal authority.
(9) 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 jurisdictions and
that offers information, referral, or pro bono legal