I

103D CONGRESS

1ST SESSION H. R. 688

To prevent and punish sexual violence and domestic violence, to assist and

protect the victims of such crimes, to assist State and local efforts,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 1993

Ms. MOLINARI (for herself, Mr. KYL, Mr. JOHNSON of South Dakota, Mr.

MANTON, Ms. FOWLER, Mr. RANGEL, Mr. MOORHEAD, Mr. FORD of

Michigan, Mrs. COLLINS of Michigan, Mr. COX, Mr. POSHARD, Mr.

SCHIFF, Mr. PETE GEREN of Texas, Mr. INGLIS, Mr. GINGRICH, Mr.

OXLEY, Mr. EWING, Mr. BAKER of California, Mr. ZELIFF, Mr. FROST,

Mr. HYDE, Mr. CUNNINGHAM, Mr. BLUTE, Mr. ROTH, Mrs. JOHNSON

of Connecticut, Mr. BARRETT of Wisconsin, Mr. MORAN, Mr. BAKER of

Louisiana, Mr. MACHTLEY, Mr. EMERSON, Mr. GREENWOOD, and Mr.

PAXON) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prevent and punish sexual violence and domestic violence,

to assist and protect the victims of such crimes, to assist

State and local efforts, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Sexual Assault Preven5 tion Act of 1993’’.
2

HR 688 IH

1 SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—SEXUAL VIOLENCE

Subtitle A—Penalties and Remedies

Sec. 101. Pretrial detention in sex offense cases.

Sec. 102. Death penalty for murders committed by sex offenders.

Sec. 103. Increased penalties for recidivist sex offenders.

Sec. 104. Increased penalties for sex offenses against victims below the age of

16.

Sec. 105. Sentencing guidelines increase for sex offenses.

Sec. 106. HIV testing and penalty enhancement in sex offense cases.

Sec. 107. Payment of cost of HIV testing for victims in sex offense cases.

Sec. 108. Increased penalties for drug distribution to pregnant women.

Sec. 109. Extension and strengthening of restitution.

Sec. 110. Enforcement of restitution orders through suspension of federal benefits.

Sec. 111. Civil remedy for victims of sexual violence.

Subtitle B—Rules of Evidence, Practice, and Procedure

Sec. 121. Admissibility of evidence of similar crimes in sex offense cases.

Sec. 122. Extension and strengthening of rape victim shield law.

Sec. 123. Inadmissibility of evidence to show provocation or invitation by victim

in sex offense cases.

Sec. 124. Right of the victim to fair treatment in legal proceedings.

Sec. 125. Right of the victim to an impartial jury.

Sec. 126. Victim’s right of allocution in sentencing.

Sec. 127. Victim’s right of privacy.

Subtitle C—Safe Campuses

Sec. 131. National baseline study on campus sexual assault.

Subtitle D—Assistance to States and Localities

Sec. 141. Sexual violence grant program.

Sec. 142. Supplementary grants for states adopting effective laws relating to

sexual violence.

TITLE II—DOMESTIC VIOLENCE, STALKING, AND OFFENSES

AGAINST THE FAMILY

Sec. 201. Interstate travel to commit spouse abuse or to violate protective

order; interstate stalking.

Sec. 202. Full faith and credit for protective orders.

Sec. 203. Non-compliance with child support obligations in interstate cases.

Sec. 204. Presumption against child custody for spouse abusers.

Sec. 205. Report on battered women’s syndrome.

Sec. 206. Report on confidentiality of addresses for victims of domestic violence.

Sec. 207. Report on recordkeeping relating to domestic violence.

Sec. 208. Domestic violence and family support grant program.
3

HR 688 IH

TITLE III—NATIONAL TASK FORCE ON VIOLENCE AGAINST

WOMEN

Sec. 301. Establishment.

Sec. 302. Duties of task force.

Sec. 303. Membership.

Sec. 304. Pay.

Sec. 305. Executive director and staff.

Sec. 306. Powers of task force.

Sec. 307. Report.

Sec. 308. Authorization of appropriation.

Sec. 309. Termination.

1 TITLE I—SEXUAL VIOLENCE

2 Subtitle A—Penalties and Remedies

3 SEC. 101. PRETRIAL DETENTION IN SEX OFFENSE CASES.

4 Section 3156(a)(4) of title 18, United States Code,

5 is amended by striking ‘‘, or’’ at the end of subparagraph

6 (A) and inserting a semicolon, by striking the period at

7 the end of subparagraph (B) and inserting ‘‘; or’’, and

8 by adding after subparagraph (B) the following new sub9 paragraph:

10 ‘‘(C) any felony under chapter 109A or

11 chapter 110 of this title.’’

12 SEC. 102. DEATH PENALTY FOR MURDERS COMMITTED BY

13 SEX OFFENDERS.

14 Title 18 of the United States Code is amended—(a)

15 by adding the following new section at the end of chapter

16 51:

17 ‘‘§ 1118. Capital Punishment for Murders Committed

18 by Sex Offenders

19 ‘‘(a) OFFENSE.—Whoever—
4

HR 688 IH

1 ‘‘(1) causes the death of a person intentionally,

2 knowingly, or through recklessness manifesting ex3 treme indifference to human life; or

4 ‘‘(2) causes the death of a person through the

5 intentional infliction of serious bodily injury;

6 shall be punished as provided in subsection (c) of this sec7 tion.

8 ‘‘(b) FEDERAL JURISDICTION.—There is Federal ju9 risdiction over an offense described in this section if the

10 conduct resulting in death occurs in the course of another

11 offense against the United States.

12 ‘‘(c) PENALTY.—An offense described in this section

13 is a Class A felony. A sentence of death may be imposed

14 for an offense described in this section as provided in sub15 sections (d)–(l), except that a sentence of death may not

16 be imposed on a defendant who was below the age of eight17 een at the time of the commission of the crime.

18 ‘‘(d) MITIGATING FACTORS.—In determining wheth19 er to recommend a sentence of death, the jury shall con20 sider whether any aspect of the defendant’s character,

21 background, or record or any circumstance of the offense

22 that the defendant may proffer as a mitigating factor ex23 ists, including the following factors:

24 ‘‘(1) MENTAL CAPACITY.—The defendant’s

25 mental capacity to appreciate the wrongfulness of
5

HR 688 IH

1 his conduct or to conform his conduct to the require2 ments of law was significantly impaired.

3 ‘‘(2) DURESS.—The defendant was under un4 usual and substantial duress.

5 ‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The

6 defendant is punishable as a principal (pursuant to

7 section 2 of this title) in the offense, which was com8 mitted by another, but the defendant’s participation

9 was relatively minor.

10 ‘‘(e) AGGRAVATING FACTORS.—In determining

11 whether to recommend a sentence of death, the jury shall

12 consider any aggravating factor for which notice has been

13 provided under subsection (f), including the following fac14 tors—

15 ‘‘(1) KILLING IN COURSE OF DESIGNATED SEX

16 CRIMES.—The conduct resulting in death occurred

17 in the course of an offense defined in chapter 109A,

18 110, or 117 of this title.

19 ‘‘(2) KILLING IN CONNECTION WITH SEXUAL

20 ASSAULT OR CHILD MOLESTATION.—The defendant

21 committed a crime of sexual assault or crime of

22 child molestation, as defined in subsection (x), in the

23 course of an offense on which federal jurisdiction is

24 based under subsection (b).
6

HR 688 IH

1 ‘‘(3) PRIOR CONVICTION OF SEXUAL ASSAULT

2 OR CHILD MOLESTATION.—The defendant has pre3 viously been convicted of a crime of sexual assault

4 or crime of child molestation as defined in sub5 section (x).

6 ‘‘(f) NOTICE OF INTENT TO SEEK DEATH PEN7 ALTY.—If the government intends to seek the death pen8 alty for an offense under this section, the attorney for the

9 government shall file with the court and serve on the de10 fendant a notice of such intent. The notice shall be pro11 vided a reasonable time before the trial or acceptance of

12 a guilty plea, or at such later time before trial as the court

13 may permit for good cause. If the court permits a late

14 filing of the notice upon a showing of good cause, the court

15 shall ensure that the defendant has adequate time to pre16 pare for trial. The notice shall set forth the aggravating

17 factor or factors set forth in subsection (e) and any other

18 aggravating factor or factors that the government will seek

19 to prove as the basis for the death penalty. The factors

20 for which notice is provided under this subsection may in21 clude factors concerning the effect of the offense on the

22 victim and the victim’s family. The court may permit the

23 attorney for the government to amend the notice upon a

24 showing of good cause.
7

HR 688 IH

1 ‘‘(g) JUDGE AND JURY AT CAPITAL SENTENCING

2 HEARING.—A hearing to determine whether the death

3 penalty will be imposed for an offense under this section

4 shall be conducted by the judge who presided at trial or

5 accepted a guilty plea, or by another judge if that judge

6 is not available. The hearing shall be conducted before the

7 jury that determined the defendant’s guilt if that jury is

8 available. A new jury shall be impaneled for the purpose

9 of the hearing if the defendant pleaded guilty, the trial

10 of guilt was conducted without a jury, the jury that deter11 mined the defendant’s guilt was discharged for good

12 cause, or reconsideration of the sentence is necessary after

13 the initial imposition of a sentence of death. A jury

14 impaneled under this subsection shall have twelve mem15 bers unless the parties stipulate to a lesser number at any

16 time before the conclusion of the hearing with the approval

17 of the judge. Upon motion of the defendant, with the ap18 proval of the attorney for the government, the hearing

19 shall be carried out before the judge without a jury. If

20 there is no jury, references to ‘‘the jury’’ in this section,

21 where applicable, shall be understood as referring to the

22 judge.

23 ‘‘(h) PROOF OF MITIGATING AND AGGRAVATING

24 FACTORS.—No presentence report shall be prepared if a

25 capital sentencing hearing is held under this section. Any
8

HR 688 IH

1 information relevant to the existence of mitigating factors,

2 or to the existence of aggravating factors for which notice

3 has been provided under subsection (f), may be presented

4 by either the government or the defendant. The informa5 tion presented may include trial transcripts and exhibits.

6 Information presented by the government in support of

7 factors concerning the effect of the offense on the victim

8 and the victim’s family may include oral testimony, a vic9 tim impact statement that identifies the victim of the of10 fense and the nature and extent of harm and loss suffered

11 by the victim and the victim’s family, and other relevant

12 information. Information is admissible regardless of its

13 admissibility under the rules governing the admission of

14 evidence at criminal trials, except that information may

15 be excluded if its probative value is outweighed by the dan16 ger of creating unfair prejudice, confusing the issues, or

17 misleading the jury. The attorney for the government and

18 for the defendant shall be permitted to rebut any informa19 tion received at the hearing, and shall be given fair oppor20 tunity to present argument as to the adequacy of the in21 formation to establish the existence of any aggravating or

22 mitigating factor, and as to the appropriateness in that

23 case of imposing a sentence of death. The attorney for

24 the government shall open the argument, the defendant
9

HR 688 IH

1 shall be permitted to reply, and the government shall then

2 be permitted to reply in rebuttal.

3 ‘‘(i) FINDINGS OF AGGRAVATING AND MITIGATING

4 FACTORS.—The jury shall return special findings identify5 ing any aggravating factor or factors for which notice has

6 been provided under subsection (f) and which the jury

7 unanimously determines have been established by the gov8 ernment beyond a reasonable doubt. A mitigating factor

9 is established if the defendant has proven its existence by

10 a preponderance of the evidence, and any member of the

11 jury who finds the existence of such a factor may regard

12 it as established for purposes of this section regardless of

13 the number of jurors who concur that the factor has been

14 established.

15 ‘‘(j) FINDING CONCERNING A SENTENCE OF

16 DEATH.—If the jury specially finds under subsection (i)

17 that one or more aggravating factors set forth in sub18 section (e) exist, and the jury further finds unanimously

19 that there are no mitigating factors or that the aggravat20 ing factor or factors specially found under subsection (i)

21 outweigh any mitigating factors, then the jury shall rec22 ommend a sentence of death. In any other case, the jury

23 shall not recommend a sentence of death. The jury shall

24 be instructed that it must avoid any influence of sym25 pathy, sentiment, passion, prejudice, or other arbitrary
10

HR 688 IH

1 factors in its decision, and should make such a rec2 ommendation as the information warrants.

3 ‘‘(k) SPECIAL PRECAUTION TO ASSURE AGAINST

4 DISCRIMINATION.—In a hearing held before a jury, the

5 court, before the return of a finding under subsection (j),

6 shall instruct the jury that, in considering whether to rec7 ommend a sentence of death, it shall not be influenced

8 by prejudice or bias relating to the race, color, religion,

9 national origin, or sex of the defendant or any victim, and

10 that the jury is not to recommend a sentence of death

11 unless it has concluded that it would recommend a sen12 tence of death for such a crime regardless of the race,

13 color, religion, national origin, or sex of the defendant or

14 any victim. The jury, upon the return of a finding under

15 subsection (j), shall also return to the court a certificate,

16 signed by each juror, that the race, color, religion, national

17 origin, or sex of the defendant or any victim did not affect

18 the juror’s individual decision and that the individual juror

19 would have recommended the same sentence for such a

20 crime regardless of the race, color, religion, national ori21 gin, or sex of the defendant or any victim.

22 ‘‘(l) IMPOSITION OF A SENTENCE OF DEATH.—Upon

23 a recommendation under subsection (j) that a sentence of

24 death be imposed, the court shall sentence the defendant
11

HR 688 IH

1 to death. Otherwise the court shall impose a sentence,

2 other than death, that is authorized by law.

3 ‘‘(m) REVIEW OF A SENTENCE OF DEATH.—The de4 fendant may appeal a sentence of death under this section

5 by filing a notice of appeal of the sentence within the time

6 provided for filing a notice of appeal of the judgment of

7 conviction. An appeal of a sentence under this subsection

8 may be consolidated with an appeal of the judgment of

9 conviction and shall have priority over all noncapital mat10 ters in the court of appeals. The court of appeals shall

11 review the entire record in the case including the evidence

12 submitted at trial and information submitted during the

13 sentencing hearing, the procedures employed in the sen14 tencing hearing, and the special findings returned under

15 subsection (i). The court of appeals shall uphold the sen16 tence if it determines that the sentence of death was not

17 imposed under the influence of passion, prejudice, or any

18 other arbitrary factor, that the evidence and information

19 support the special findings under subsection (i), and that

20 the proceedings were otherwise free of prejudicial error

21 that was properly preserved for and raised on appeal. In

22 any other case, the court of appeals shall remand the case

23 for reconsideration of the sentence or imposition of an24 other authorized sentence as appropriate, except that the

25 court shall not reverse a sentence of death on the ground
12

HR 688 IH

1 that an aggravating factor was not supported by the evi2 dence and information if at least one aggravating factor

3 set forth in subsection (e) which was found to exist re4 mains and the court, on the basis of the evidence submit5 ted at trial and the information submitted at the sentenc6 ing hearing, finds no mitigating factor or finds that the

7 remaining aggravating factor or factors which were found

8 to exist outweigh any mitigating factors. The court of ap9 peals shall state in writing the reasons for its disposition

10 of an appeal of a sentence of death under this section.

11 ‘‘(n) IMPLEMENTATION OF SENTENCE OF DEATH.—

12 A person sentenced to death under this section shall be

13 committed to the custody of the Attorney General until

14 exhaustion of the procedures for appeal of the judgment

15 of conviction and review of the sentence. When the sen16 tence is to be implemented, the Attorney General shall re17 lease the person sentenced to death to the custody of a

18 United States Marshal. The Marshal shall supervise im19 plementation of the sentence in the manner prescribed by

20 the law of the State in which the sentence is imposed, or

21 in the manner prescribed by the law of another State des22 ignated by the court if the law of the State in which the

23 sentence was imposed does not provide for implementation

24 of a sentence of death. The Marshal may use State or local

25 facilities, may use the services of an appropriate State or
13

HR 688 IH

1 local official or of a person such an official employs, and

2 shall pay the costs thereof in an amount approved by the

3 Attorney General.

4 ‘‘(o) SPECIAL BAR TO EXECUTION.—A sentence of

5 death shall not be carried out upon a woman while she

6 is pregnant.

7 ‘‘(p) CONSCIENTIOUS OBJECTION TO PARTICIPATION

8 IN EXECUTION.—No employee of any State department

9 of corrections, the Federal Bureau of Prisons, or the Unit10 ed States Marshals Service, and no person providing serv11 ices to that department, bureau, or service under contract

12 shall be required, as a condition of that employment or

13 contractual obligation, to be in attendance at or to partici14 pate in any execution carried out under this section if such

15 participation is contrary to the moral or religious convic16 tions of the employee. For purposes of this subsection, the

17 term ‘participate in any execution’ includes personal prep18 aration of the condemned individual and the apparatus

19 used for the execution, and supervision of the activities

20 of other personnel in carrying out such activities.

21 ‘‘(q) APPOINTMENT OF COUNSEL FOR INDIGENT

22 CAPITAL DEFENDANTS.—A defendant against whom a

23 sentence of death is sought, or on whom a sentence of

24 death has been imposed, under this section, shall be enti25 tled to appointment of counsel from the commencement
14

HR 688 IH

1 of trial proceedings until one of the conditions specified

2 in subsection (v) has occurred, if the defendant is or be3 comes financially unable to obtain adequate representa4 tion. Counsel shall be appointed for trial representation

5 as provided in section 3005 of this title, and at least one

6 counsel so appointed shall continue to represent the de7 fendant until the conclusion of direct review of the judg8 ment, unless replaced by the court with other qualified

9 counsel. Except as otherwise provided in this section, the

10 provisions of section 3006A of this title shall apply to ap11 pointments under this section.

12 ‘‘(r) REPRESENTATION AFTER FINALITY OF JUDG13 MENT.—When a judgment imposing a sentence of death

14 under this section has become final through affirmance by

15 the Supreme Court on direct review, denial of certiorari

16 by the Supreme Court on direct review, or expiration of

17 the time for seeking direct review in the court of appeals

18 or the Supreme Court, the government shall promptly no19 tify the court that imposed the sentence. The court, within

20 10 days of receipt of such notice, shall proceed to make

21 a determination whether the defendant is eligible for ap22 pointment of counsel for subsequent proceedings. The

23 court shall issue an order appointing one or more counsel

24 to represent the defendant upon a finding that the defend25 ant is financially unable to obtain adequate representation
15

HR 688 IH

1 and wishes to have counsel appointed or is unable com2 petently to decide whether to accept or reject appointment

3 of counsel. The court shall issue an order denying appoint4 ment of counsel upon a finding that the defendant is fi5 nancially able to obtain adequate representation or that

6 the defendant rejected appointment of counsel with an un7 derstanding of the consequences of that decision. Counsel

8 appointed pursuant to this subsection shall be different

9 from the counsel who represented the defendant at trial

10 and on direct review unless the defendant and counsel re11 quest a continuation or renewal of the earlier representa12 tion.

13 ‘‘(s) STANDARDS FOR COMPETENCE OF COUNSEL.—

14 In relation to a defendant who is entitled to appointment

15 of counsel under subsections (q)–(r), at least one counsel

16 appointed for trial representation must have been admit17 ted to the bar for at least 5 years and have at least three

18 years of experience in the trial of felony cases in the Fed19 eral district courts. If new counsel is appointed after judg20 ment, at least one counsel so appointed must have been

21 admitted to the bar for at least 5 years and have at least

22 3 years of experience in the litigation of felony cases in

23 the Federal courts of appeals or the Supreme Court. The

24 court, for good cause, may appoint counsel who does not

25 meet these standards, but whose background, knowledge,
16

HR 688 IH

1 or experience would otherwise enable him or her to prop2 erly represent the defendant, with due consideration of the

3 seriousness of the penalty and the nature of the litigation.

4 ‘‘(t) CLAIMS OF INEFFECTIVENESS OF COUNSEL IN

5 COLLATERAL PROCEEDINGS.—The ineffectiveness or in6 competence of counsel during proceedings on a motion

7 under section 2255 of title 28, United States Code, shall

8 not be a ground for relief from the judgment or sentence

9 in any proceeding. This limitation shall not preclude the

10 appointment of different counsel at any stage of the pro11 ceedings.

12 ‘‘(u) TIME FOR COLLATERAL ATTACK ON DEATH

13 SENTENCE.—A motion under section 2255 of title 28,

14 United States Code, attacking a sentence of death under

15 this section, or the conviction on which it is predicated,

16 must be filed within 90 days of the issuance of the order

17 under subsection (r) appointing or denying the appoint18 ment of counsel for such proceedings. The court in which

19 the motion is filed, for good cause shown, may extend the

20 time for filing for a period not exceeding 60 days. Such

21 a motion shall have priority over all non-capital matters

22 in the district court, and in the court of appeals on review

23 of the district court’s decision.

24 ‘‘(v) STAY OF EXECUTION.—The execution of a sen25 tence of death under this section shall be stayed in the
17

HR 688 IH

1 course of direct review of the judgment and during the

2 litigation of an initial motion in the case under section

3 2255 of title 28, United States Code. The stay shall run

4 continuously following imposition of the sentence and shall

5 expire if—

6 ‘‘(1) the defendant fails to file a motion under

7 section 2255 of title 28, United States Code, within

8 the time specified in subsection (u), or fails to make

9 a timely application for court of appeals review fol10 lowing the denial of such a motion by a district

11 court;

12 ‘‘(2) upon completion of district court and court

13 of appeals review under section 2255 of title 28,

14 United States Code, the Supreme Court disposes of

15 a petition for certiorari in a manner that leaves the

16 capital sentence undisturbed, or the defendant fails

17 to file a timely petition for certiorari; or

18 ‘‘(3) before a district court, in the presence of

19 counsel and after having been advised of the con20 sequences of such a decision, the defendant waives

21 the right to file a motion under section 2255 of title

22 28, United States Code.

23 ‘‘(w) FINALITY OF THE DECISION ON REVIEW.—If

24 one of the conditions specified in subsection (v) has oc25 curred, no court thereafter shall have the authority to
18

HR 688 IH

1 enter a stay of execution or grant relief in the case un2 less—

3 ‘‘(1) the basis for the stay and request for relief

4 is a claim not presented in earlier proceedings;

5 ‘‘(2) the failure to raise the claim is the result

6 of governmental action in violation of the Constitu7 tion or laws of the United States, the result of the

8 Supreme Court’s recognition of a new Federal right

9 that is retroactively applicable, or the result of the

10 fact that the factual predicate of the claim could not

11 have been discovered through the exercise of reason12 able diligence in time to present the claim in earlier

13 proceedings; and

14 ‘‘(3) the facts underlying the claim would be

15 sufficient, if proven, to undermine the court’s con16 fidence in the determination of guilt on the offense

17 or offenses for which the death penalty was imposed.

18 ‘‘(x) DEFINITIONS.—For purposes of this section—

19 ‘‘(1) ‘crime of sexual assault’ means a crime

20 under Federal or State law that involved—

21 ‘‘(A) contact, without consent, between any

22 part of the defendant’s body or an object and

23 the genitals or anus of another person;
19

HR 688 IH

1 ‘‘(B) contact, without consent, between the

2 genitals or anus of the defendant and any part

3 of the body of another person;

4 ‘‘(C) deriving sexual pleasure or gratifi5 cation from the infliction of death, bodily in6 jury, or physical pain on another person; or

7 ‘‘(D) an attempt or conspiracy to engage

8 in any conduct described in paragraphs (A)–

9 (C);

10 ‘‘(2) ‘crime of child molestation’ means a crime

11 under Federal or State law that involved—

12 ‘‘(A) contact between any part of the de13 fendant’s body or an object and the genitals or

14 anus of a child;

15 ‘‘(B) contact between the genitals or anus

16 of the defendant and any part of the body of

17 a child;

18 ‘‘(C) deriving sexual pleasure or gratifi19 cation from the infliction of death, bodily in20 jury, or physical pain on a child; or

21 ‘‘(D) an attempt or conspiracy to engage

22 in any conduct described in paragraphs (A)–

23 (C); and

24 ‘‘(3) ‘child’ means a person below the age of

25 14.’’; and
20

HR 688 IH

1 (b) by adding the following at the end of the table

2 of sections for chapter 51:

‘‘1118. Capital Punishment for Murders Committed by Sex Offenders.’’.

3 SEC. 103. INCREASED PENALTIES FOR RECIDIVIST SEX OF4 FENDERS.

5 (a) Section 2245 of title 18, United States Code, is

6 redesignated section 2246.

7 (b) Chapter 109A of title 18, United States Code,

8 is amended by inserting the following new section after

9 section 2244:

‘‘2245. Penalties for subsequent offenses

10 ‘‘Any person who violates a provision of this chapter

11 after a prior conviction under a provision of this chapter

12 or the law of a State (as defined in section 513 of this

13 title) for conduct proscribed by this chapter has become

14 final is punishable by a term of imprisonment up to twice

15 that otherwise authorized.’’.

16 (c) The table of sections for chapter 109A of title

17 18, United States Code, is amended by—

18 (1) striking ‘‘2245’’ and inserting in lieu there19 of ‘‘2246’’; and

20 (2) inserting the following after the item relat21 ing to section 2244:

‘‘2245. Penalties for subsequent offenses.’’.
21

HR 688 IH

1 SEC. 104. INCREASED PENALTIES FOR SEX OFFENSES

2 AGAINST VICTIMS BELOW THE AGE OF 16.

3 Paragraph (2) of section 2245 of title 18, United

4 States Code, is amended—

5 (1) in subparagraph (B) by striking ‘‘or’’ after

6 the semicolon;

7 (2) in subparagraph (C) by striking ‘‘; and’’

8 and inserting in lieu thereof ‘‘; or’’; and

9 (3) by inserting a new subparagraph (D) as fol10 lows:

11 ‘‘(D) the intentional touching, not through

12 the clothing, of the genitalia of another person

13 who has not attained the age of 16 years with

14 an intent to abuse, humiliate, harass, degrade,

15 or arouse or gratify the sexual desire of any

16 person;’’.

17 SEC. 105. SENTENCING GUIDELINES INCREASE FOR SEX OF18 FENSES.

19 The United States Sentencing Commission shall

20 amend the sentencing guidelines to increase by at least

21 four levels the base offense level for an offense under sec22 tion 2241 (aggravated sexual abuse) or section 2242 (sex23 ual abuse) of title 18, United States Code, and shall con24 sider whether any other changes are warranted in the

25 guidelines provisions applicable to such offenses to ensure

26 realization of the objectives of sentencing. In amending the
22

HR 688 IH

1 guidelines in conformity with this section, the Sentencing

2 Commission shall review the appropriateness and ade3 quacy of existing offense characteristics and adjustments

4 applicable to such offenses, taking into account the hei5 nousness of sexual abuse offenses, the severity and dura6 tion of the harm caused to victims, and any other relevant

7 factors. In any subsequent amendment to the sentencing

8 guidelines, the Sentencing Commission shall maintain

9 minimum guidelines sentences for the offenses referenced

10 in this section which are at least equal to those required

11 by this section.

12 SEC. 106. HIV TESTING AND PENALTY ENHANCEMENT IN

13 SEXUAL OFFENSE CASES

14 (a) Chapter 109A of title 18, United States Code,

15 is amended by inserting at the end the following new sec16 tion:

17 ‘‘§ 2247. Testing for Human Immunodeficiency Virus;

18 Disclosure of Test Results to Victim; Ef19 fect on Penalty

20 ‘‘(a) TESTING AT TIME OF PRE-TRIAL RELEASE DE21 TERMINATION.—In a case in which a person is charged

22 with an offense under this chapter, a judicial officer issu23 ing an order pursuant to section 3142(a) of this title shall

24 include in the order a requirement that a test for the

25 human immunodeficiency virus be performed upon the
23

HR 688 IH

1 person, and that follow-up tests for the virus be performed

2 6 months and 12 months following the date of the initial

3 test, unless the judicial officer determines that the conduct

4 of the person created no risk of transmission of the virus

5 to the victim, and so states in the order. The order shall

6 direct that the initial test be performed within 24 hours,

7 or as soon thereafter as feasible. The person shall not be

8 released from custody until the test is performed.

9 ‘‘(b) TESTING AT LATER TIME.—If a person charged

10 with an offense under this chapter was not tested for the

11 human immunodeficiency virus pursuant to subsection (a),

12 the court may at a later time direct that such a test be

13 performed upon the person, and that follow-up tests be

14 performed 6 months and 12 months following the date of

15 the initial test, if it appears to the court that the conduct

16 of the person may have risked transmission of the virus

17 to the victim. A testing requirement under this subsection

18 may be imposed at any time while the charge is pending,

19 or following conviction at any time prior to the person’s

20 completion of service of the sentence.

21 ‘‘(c) TERMINATION OF TESTING REQUIREMENT.—A

22 requirement of follow-up testing imposed under this sec23 tion shall be canceled if any test is positive for the virus

24 or the person obtains an acquittal on, or dismissal of, all

25 charges under this chapter.
24

HR 688 IH

1 ‘‘(d) DISCLOSURE OF TEST RESULTS.—The results

2 of any test for the human immunodeficiency virus per3 formed pursuant to an order under this section shall be

4 provided to the judicial officer or court. The judicial offi5 cer or court shall ensure that the results are disclosed to

6 the victim (or to the victim’s parent or legal guardian, as

7 appropriate), the attorney for the government, and the

8 person tested.

9 ‘‘(e) EFFECT ON PENALTY.—The United States Sen10 tencing Commission shall amend existing guidelines for

11 sentences for offenses under this chapter to enhance the

12 sentence if the offender knew or had reason to know that

13 he was infected with the human immunodeficiency virus,

14 except where the offender did not engage or attempt to

15 engage in conduct creating a risk of transmission of the

16 virus to the victim.’’.

17 ‘‘(b) CLERICAL AMENDMENT.—The table of sections

18 for chapter 109A of title 18, United States Code, is

19 amended by inserting at the end thereof the following new

20 item:

‘‘2247. Testing for Human Immunodeficiency Virus; Disclosure of

Test Results to Victim; Effect on Penalty’’.

21 SEC. 107. PAYMENT OF COST OF HIV TESTING FOR VICTIMS

22 IN SEX OFFENSE CASES.

23 Section 503(c)(7) of the Victims’ Rights and Restitu24 tion Act of 1990 is amended by inserting before the period
25

HR 688 IH

1 at the end thereof the following: ‘‘, the cost of up to two

2 tests of the victim for the human immunodeficiency virus

3 during the 12 months following the assault, and the cost

4 of a counseling session by a medically trained professional

5 on the accuracy of such tests and the risk of transmission

6 of the human immunodeficiency virus to the victim as the

7 result of the assault’’.

8 SEC. 108. INCREASED PENALTIES FOR DRUG DISTRIBUTION

9 TO PREGNANT WOMEN.

10 Section 405 of the Controlled Substances Act (21

11 U.S.C. 859) is amended by inserting ‘‘, or to a woman

12 while she is pregnant,’’ after ‘‘to a person under 21 years

13 of age’’ in subsection (a) and subsection (b).

14 SEC. 109. EXTENSION AND STRENGTHENING OF RESTITU15 TION.

16 Section 3663 of title 18, United States Code, is

17 amended—

18 (1) in subsection (b), by inserting ‘‘or an of19 fense under chapter 109A or chapter 110’’ after ‘‘an

20 offense resulting in bodily injury to a victim’’ in

21 paragraph (2);

22 (2) in subsection (b), by striking ‘‘and’’ at the

23 end of paragraph (3), by redesignating paragraph

24 (4) as paragraph (5), and by inserting after para25 graph (4) the following new paragraph:
26

HR 688 IH

1 ‘‘(4) in any case, reimburse the victim for lost

2 income and necessary child care, transportation, and

3 other expenses related to participation in the inves4 tigation or prosecution of the offense or attendance

5 at proceedings related to the offense; and’’; and

6 (3) in subsection (d), by inserting at the end

7 the following: ‘‘However, the court shall issue an

8 order requiring restitution of the full amount of the

9 victim’s losses and expenses for which restitution is

10 authorized under this section in imposing sentence

11 for an offense under chapter 109A or chapter 110

12 unless the government and the victim do not request

13 such restitution.’’.

14 SEC. 110. ENFORCEMENT OF RESTITUTION ORDERS

15 THROUGH SUSPENSION OF FEDERAL BENE16 FITS.

17 Section 3663 of title 18, United States Code, is

18 amended—

19 (1) by redesignating subsections (g) and (h) as

20 subsections (h) and (i), respectively; and

21 (2) by inserting after subsection (f) the follow22 ing new subsection:

23 ‘‘(g)(1) If the defendant is delinquent in making res24 titution in accordance with any schedule of payments or

25 any requirement of immediate payment imposed under
27

HR 688 IH

1 this section, the court may, after a hearing, suspend the

2 defendant’s eligibility for all Federal benefits until such

3 time as the defendant demonstrates to the court good4 faith efforts to return to such schedule.

5 ‘‘(2) For purposes of this subsection—

6 ‘‘(A) the term ‘Federal benefits’—

7 ‘‘(i) means any grant, contract, loan, pro8 fessional license, or commercial license provided

9 by an agency of the United States or appro10 priated funds of the United States; and

11 ‘‘(ii) does not include any retirement, wel12 fare, Social Security, health, disability, veterans

13 benefit, public housing, or other similar benefit,

14 or any other benefit for which payments or

15 services are required for eligibility; and

16 ‘‘(B) the term ‘veterans benefit’ means all bene17 fits provided to veterans, their families, or survivors

18 by virtue of the service of a veteran in the Armed

19 Forces of the United States.’’.

20 SEC. 111. CIVIL REMEDY FOR VICTIMS OF SEXUAL VIO21 LENCE.

22 (a) CAUSE OF ACTION.—Whoever, in violation of the

23 Constitution or laws of the United States, engages in sex24 ual violence against another, shall be liable to the injured

25 party in an action under this section. The relief available
28

HR 688 IH

1 in such an action shall include compensatory and punitive

2 damages and any appropriate equitable or declaratory re3 lief.

4 (b) DEFINITION.—For purposes of this section, ‘‘sex5 ual violence’’ means any conduct proscribed by chapter

6 109A of title 18, United States Code, whether or not the

7 conduct occurs in the special maritime and territorial ju8 risdiction of the United States or in a Federal prison.

9 (c) ATTORNEY’S FEES.—The Civil Rights Attorney’s

10 Fees Award Act of 1976 (42 U.S.C. 1988) is amended

11 by striking ‘‘or’’ after ‘‘Public Law 92–318’’ and by in12 serting after ‘‘1964’’ the following: ‘‘, or section 111 of

13 the Sexual Assault Prevention Act of 1993,’’.

14 Subtitle B—Rules of Evidence, Practice, and Procedure

15 SEC. 121. ADMISSIBILITY OF EVIDENCE OF SIMILAR

16 CRIMES IN SEX OFFENSE CASES.

17 The Federal Rules of Evidence are amended by add18 ing after Rule 412 the following new rules:

19 ‘‘Rule 413. Evidence of Similar Crimes in Sexual As20 sault Cases

21 ‘‘(a) In a criminal case in which the defendant is ac22 cused of an offense of sexual assault, evidence of the de23 fendant’s commission of another offense or offenses of sex24 ual assault is admissible, and may be considered for its

25 bearing on any matter to which it is relevant.
29

HR 688 IH

1 ‘‘(b) In a case in which the government intends to

2 offer evidence under this Rule, the attorney for the govern3 ment shall disclose the evidence to the defendant, includ4 ing statements of witnesses or a summary of the substance

5 of any testimony that is expected to be offered, at least

6 fifteen days before the scheduled date of trial or at such

7 later time as the court may allow for good cause.

8 ‘‘(c) This Rule shall not be construed to limit the ad9 mission or consideration of evidence under any other Rule.

10 ‘‘(d) For purposes of this Rule and Rule 415, ‘‘of11 fense of sexual assault’’ means a crime under Federal law

12 or the law of a State (as defined in section 513 of title

13 18, United States Code) that involved—

14 ‘‘(1) any conduct proscribed by chapter 109A of

15 title 18, United States Code;

16 ‘‘(2) contact, without consent, between any part

17 of the defendant’s body or an object and the genitals

18 or anus of another person;

19 ‘‘(3) contact, without consent, between the geni20 tals or anus of the defendant and any part of an21 other person’s body;

22 ‘‘(4) deriving sexual pleasure or gratification

23 from the infliction of death, bodily injury, or phys24 ical pain on another person; or
30

HR 688 IH

1 ‘‘(5) an attempt or conspiracy to engage in con2 duct described in paragraphs (1)–(4).

3 ‘‘Rule 414. Evidence of Similar Crimes in Child Mo4 lestation Cases

5 ‘‘(a) In a criminal case in which the defendant is ac6 cused of an offense of child molestation, evidence of the

7 defendant’s commission of another offense or offenses of

8 child molestation is admissible, and may be considered for

9 its bearing on any matter to which it is relevant.

10 ‘‘(b) In a case in which the government intends to

11 offer evidence under this Rule, the attorney for the govern12 ment shall disclose the evidence to the defendant, includ13 ing statements of witnesses or a summary of the substance

14 of any testimony that is expected to be offered, at least

15 fifteen days before the scheduled date of trial or at such

16 later time as the court may allow for good cause.

17 ‘‘(c) This Rule shall not be construed to limit the ad18 mission or consideration of evidence under any other Rule.

19 ‘‘(d) For purposes of this Rule and Rule 415, ‘‘child’’

20 means a person below the age of fourteen, and ‘‘offense

21 of child molestation’’ means a crime under Federal law

22 or the law of a State (as defined in section 513 of title

23 18, United States Code) that involved—
31

HR 688 IH

1 ‘‘(1) any conduct proscribed by chapter 109A of

2 title 18, United States Code, that was committed in

3 relation to a child;

4 ‘‘(2) any conduct proscribed by chapter 110 of

5 title 18, United States Code;

6 ‘‘(3) contact between any part of the defend7 ant’s body or an object and the genitals or anus of

8 a child;

9 ‘‘(4) contact between the genitals or anus of the

10 defendant and any part of the body of a child;

11 ‘‘(5) deriving sexual pleasure or gratification

12 from the infliction of death, bodily injury, or phys13 ical pain on a child; or

14 ‘‘(6) an attempt or conspiracy to engage in con15 duct described in paragraphs (1)–(5).

16 ‘‘Rule 415. Evidence of Similar Acts in Civil Cases

17 Concerning Sexual Assault or Child Mo18 lestation

19 ‘‘(a) In a civil case in which a claim for damages or

20 other relief is predicated on a party’s alleged commission

21 of conduct constituting an offense of sexual assault or

22 child molestation, evidence of that party’s commission of

23 another offense or offenses of sexual assault or child mo24 lestation is admissible and may be considered as provided

25 in Rule 413 and Rule 414 of these Rules.
32

HR 688 IH

1 ‘‘(b) A party who intends to offer evidence under this

2 Rule shall disclose the evidence to the party against whom

3 it will be offered, including statements of witnesses or a

4 summary of the substance of any testimony that is ex5 pected to be offered, at least 15 days before the scheduled

6 date of trial or at such later time as the court may allow

7 for good cause.

8 ‘‘(c) This Rule shall not be construed to limit the ad9 mission or consideration of evidence under any other

10 Rule.’’

11 SEC. 122. EXTENSION AND STRENGTHENING OF RAPE VIC12 TIM SHIELD LAW.

13 (a) AMENDMENTS TO RAPE VICTIM SHIELD LAW.—

14 Rule 412 of the Federal Rules of Evidence is amended—

15 (1) in subdivisions (a) and (b), by striking

16 ‘‘criminal case’’ and inserting ‘‘criminal or civil

17 case’’;

18 (2) in subdivisions (a) and (b), by striking ‘‘an

19 offense under chapter 109A of title 18, United

20 States Code,’’ and inserting ‘‘an offense or civil

21 wrong involving conduct proscribed by chapter 109A

22 of title 18, United States Code, whether or not the

23 conduct occurred in the special maritime and terri24 torial jurisdiction of the United States or in a Fed25 eral prison,’’;
33

HR 688 IH

1 (3) in subdivision (a), by striking ‘‘victim of

2 such offense’’ and inserting ‘‘victim of such con3 duct’’;

4 (4) in subdivision (c)—

5 (A) by striking in paragraph (1) ‘‘the per6 son accused of committing an offense under

7 chapter 109A of title 18, United States Code’’

8 and inserting ‘‘the accused’’; and

9 (B) by inserting at the end of paragraph

10 (3) the following: ‘‘An order admitting evidence

11 under this paragraph shall explain the reason12 ing leading to the finding of relevance, and the

13 basis of the finding that the probative value of

14 the evidence outweighs the danger of unfair

15 prejudice notwithstanding the potential of the

16 evidence to humiliate and embarrass the alleged

17 victim and to result in unfair or biased infer18 ences.’’; and

19 (5) in subdivision (d), by striking ‘‘an offense

20 under chapter 109A of title 18, United States Code’’

21 and inserting ‘‘the conduct proscribed by chapter

22 109A of title 18, United States Code,’’.

23 (b) INTERLOCUTORY APPEAL.—Section 3731 of title

24 18, United States Code, is amended by inserting after the

25 second paragraph the following:
34

HR 688 IH

1 ‘‘An appeal by the United States before trial shall

2 lie to a court of appeals from an order of a district court

3 admitting evidence of an alleged victim’s past sexual be4 havior in a criminal case in which the defendant is charged

5 with an offense involving conduct proscribed by chapter

6 109A of title 18, United States Code, whether or not the

7 conduct occurred in the special maritime and territorial

8 jurisdiction of the United States or in a Federal prison.’’.

9 SEC. 123. INADMISSIBILITY OF EVIDENCE TO SHOW PROVO10 CATION OR INVITATION BY VICTIM IN SEX

11 OFFENSE CASES.

12 The Federal Rules of Evidence are amended by add13 ing after Rule 415 (as added by section 121 of this Act)

14 the following:

15 ‘‘Rule 416. Inadmissibility of evidence to show invita16 tion or provocation by victim in sexual

17 abuse cases.

18 ‘‘In a criminal case in which a person is accused of

19 an offense involving conduct proscribed by chapter 109A

20 of title 18, United States Code, whether or not the conduct

21 occurred in the special maritime and territorial jurisdic22 tion of the United States or in a Federal prison, evidence

23 is not admissible to show that the alleged victim invited

24 or provoked the commission of the offense. This Rule does

25 not limit the admission of evidence of consent by the al-
35

HR 688 IH

1 leged victim if the issue of consent is relevant to liability

2 and the evidence is otherwise admissible under these

3 Rules.’’.

4 SEC. 124. RIGHT OF THE VICTIM TO FAIR TREATMENT IN

5 LEGAL PROCEEDINGS.

6 The following rules, to be known as the Rules of Pro7 fessional Conduct for Lawyers in Federal Practice, are en8 acted as an appendix to title 28, United State Code:

9 ‘‘RULES OF PROFESSIONAL CONDUCT FOR

10 LAWYERS IN FEDERAL PRACTICE

Rule

‘‘1. Scope.

‘‘2. Abuse of Victims and Others Prohibited.

‘‘3. Duty of Enquiry in Relation to Client.

‘‘4. Duty to Expedite Litigation.

‘‘5. Duty to Prevent Commission of Crime.

11 ‘‘Rule 1. Scope.

12 ‘‘(a) These rules apply to the conduct of lawyers in

13 their representation of clients in relation to proceedings

14 and potential proceedings before Federal tribunals.

15 ‘‘(b) For purposes of these rules, ‘Federal tribunal’

16 and ‘tribunal’ mean a court of the United States or an

17 agency of the federal government that carries out adju18 dicatory or quasi-adjudicatory functions.

19 ‘‘Rule 2. Abuse of Victims and Others Prohibited

20 ‘‘(a) A lawyer shall not engage in any action or course

21 of conduct for the purpose of increasing the expense of
36

HR 688 IH

1 litigation for any person, other than a liability under an

2 order or judgment of a tribunal.

3 ‘‘(b) A lawyer shall not engage in any action or course

4 of conduct that has no substantial purpose other than to

5 distress, harass, embarrass, burden, or inconvenience an6 other person.

7 ‘‘(c) A lawyer shall not offer evidence that the lawyer

8 knows to be false or attempt to discredit evidence that the

9 lawyer knows to be true.

10 ‘‘Rule 3. Duty of Enquiry in Relation to Client

11 ‘‘A lawyer shall attempt to elicit from the client a

12 truthful account of the material facts concerning the mat13 ters in issue. In representing a client charged with a crime

14 or civil wrong, the duty of enquiry under this rule in15 cludes—

16 ‘‘(1) attempting to elicit from the client a mate17 rially complete account of the alleged criminal activ18 ity or civil wrong if the client acknowledges involve19 ment in the alleged activity or wrong; and

20 ‘‘(2) attempting to elicit from the client the ma21 terial facts relevant to a defense of alibi if the client

22 denies such involvement.

23 ‘‘Rule 4. Duty to Expedite Litigation

24 ‘‘(a) A lawyer shall seek to bring about the expedi25 tious conduct and conclusion of litigation.
37

HR 688 IH

1 ‘‘(b) A lawyer shall not seek a continuance or other2 wise attempt to delay or prolong proceedings in the hope

3 or expectation that—

4 ‘‘(1) evidence will become unavailable;

5 ‘‘(2) evidence will become more subject to im6 peachment or otherwise less useful to another party

7 because of the passage of time; or

8 ‘‘(3) an advantage will be obtained in relation

9 to another party because of the expense, frustration,

10 distress, or other hardship resulting from prolonged

11 or delayed proceedings.

12 ‘‘Rule 5. Duty to Prevent Commission of Crime

13 ‘‘(a) A lawyer may disclose information relating to

14 the representation of a client to the extent necessary to

15 prevent the commission of a crime or other unlawful act.

16 ‘‘(b) A lawyer shall disclose information relating to

17 the representation of a client where disclosure is required

18 by law. A lawyer shall also disclose such information to

19 the extent necessary to prevent—

20 ‘‘(1) the commission of a crime involving the

21 use or threatened use of force against another, or a

22 substantial risk of death or serious bodily injury to

23 another; or

24 ‘‘(2) the commission of a crime of sexual as25 sault or child molestation.
38

HR 688 IH

1 ‘‘(c) For purposes of this rule, ‘crime’ means a crime

2 under the law of the United States or the law of a State,

3 and ‘unlawful act’ means an act in violation of the law

4 of the United States or the law of a State.’’.

5 SEC. 125. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.

6 Rule 24(b) of the Federal Rules of Criminal Proce7 dure is amended by striking ‘‘the Government is entitled

8 to 6 peremptory challenges and the defendant or defend9 ants jointly to 10 peremptory challenges’’ and inserting

10 ‘‘each side is entitled to 6 peremptory challenges’’.

11 SEC. 126. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

12 Rule 32 of the Federal Rules of Criminal Procedure

13 is amended—

14 (1) by striking ‘‘and’’ at the end of subdivision

15 (a)(1)(B);

16 (2) by striking the period at the end of subdivi17 sion (a)(1)(C) and inserting ‘‘; and’’;

18 (3) by inserting after subdivision (a)(1)(C) the

19 following:

20 ‘‘(D) if sentence is to be imposed for a crime

21 of violence or sexual abuse, address the victim per22 sonally if the victim is present at the sentencing

23 hearing and determine if the victim wishes to make

24 a statement and to present any information in rela25 tion to the sentence.’’;
39

HR 688 IH

1 (4) in the penultimate sentence of subdivision

2 (a)(1) by striking ‘‘equivalent opportunity’’ and in3 serting ‘‘opportunity equivalent to that of the de4 fendant’s counsel’’;

5 (5) in the last sentence of subdivision (a)(1) by

6 inserting ‘‘the victim,’’ before ‘‘, or the attorney for

7 the Government.’’; and

8 (6) by adding at the end the following new sub9 division:

10 ‘‘(f) DEFINITIONS.—For purposes of this rule—

11 ‘‘(1) ‘crime of violence or sexual abuse’ means

12 a crime that involved the use or attempted or threat13 ened use of physical force against the person or

14 property of another, or a crime under chapter 109A

15 of title 18, United States Code; and

16 ‘‘(2) ‘victim’ means an individual against whom

17 an offense for which a sentence is to be imposed has

18 been committed, but the right of allocution under

19 subdivision (a)(1)(D) may be exercised instead by—

20 ‘‘(A) a parent or legal guardian if the vic21 tim is below the age of 18 years or incompetent;

22 or

23 ‘‘(B) one or more family members or rel24 atives designated by the court if the victim is

25 deceased or incapacitated,
40

HR 688 IH

1 if such person or persons are present at the sentenc2 ing hearing, regardless of whether the victim is

3 present.

4 SEC. 127. VICTIM’S RIGHT OF PRIVACY.

5 (a) FINDINGS.—The Congress finds that—

6 (1) the crime of rape is underreported to law

7 enforcement authorities because of its traumatic ef8 fect on victims and the stigmatizing nature of the

9 crime;

10 (2) rape victims may be further victimized by

11 involuntary public disclosure of their identities;

12 (3) rape victims should be encouraged to come

13 forward and report the crime without fear of being

14 revictimized through involuntary public disclosure of

15 their identities; and

16 (4) any interest of the public in knowing the

17 identity of a rape victim notwithstanding the vic18 tim’s wishes to the contrary is outweighed by the in19 terest of protecting the privacy of rape victims and

20 encouraging rape victims to report the crime and as21 sist in prosecution.

22 (b) SENSE OF CONGRESS.—It is the sense of Con23 gress that news media, law enforcement personnel, and

24 other persons should exercise restraint and respect a rape

25 victim’s privacy by not disclosing the victim’s identity to
41

HR 688 IH

1 the general public or facilitating such disclosure without

2 the consent of the victim.

3 Subtitle C—Safe Campuses

4 SEC. 131. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL

5 ASSAULT.

6 (a) STUDY.—The Attorney General shall provide for

7 a national baseline study to examine the scope of the prob8 lem of campus sexual assaults and the effectiveness of in9 stitutional and legal policies in addressing such crimes and

10 protecting victims. The Attorney General may utilize the

11 Bureau of Justice Statistics, the National Institute of Jus12 tice, and the Office for Victims of Crime in carrying out

13 this section.

14 (b) REPORT.—Based on the study required by sub15 section (a), the Attorney General shall prepare a report

16 including an analysis of—

17 (1) the number of reported allegations and esti18 mated number of unreported allegations of campus

19 sexual assaults, and to whom the allegations are re20 ported (including authorities of the educational insti21 tution, sexual assault victim service entities, and

22 local criminal authorities);

23 (2) the number of campus sexual assault allega24 tions reported to authorities of educational institu25 tions which are reported to criminal authorities;
42

HR 688 IH

1 (3) the number of campus sexual assault allega2 tions that result in criminal prosecution in compari3 son with the number of non-campus sexual assault

4 allegations that result in criminal prosecution;

5 (4) Federal and State laws or regulations per6 taining specifically to campus sexual assaults;

7 (5) the adequacy of policies and practices of

8 educational institutions in addressing campus sexual

9 assaults and protecting victims, including consider10 ation of—

11 (A) the security measures in effect at edu12 cational institutions, such as utilization of cam13 pus police and security guards, control over ac14 cess to grounds and buildings, supervision of

15 student activities and student living arrange16 ments, control over the consumption of alcohol

17 by students, lighting, and the availability of es18 cort services;

19 (B) the articulation and communication to

20 students of the institution’s policies concerning

21 sexual assaults;

22 (C) policies and practices that may prevent

23 or discourage the reporting of campus sexual

24 assaults to local criminal authorities, or that

25 may otherwise obstruct justice or interfere with
43

HR 688 IH

1 the prosecution of perpetrators of campus sex2 ual assaults;

3 (D) the nature and availability of victim

4 services for victims of campus sexual assaults;

5 (E) the ability of educational institutions’

6 disciplinary processes to address allegations of

7 sexual assault adequately and fairly;

8 (F) measures that are taken to ensure that

9 victims are free of unwanted contact with al10 leged assailants, and disciplinary sanctions that

11 are imposed when a sexual assault is deter12 mined to have occurred; and

13 (G) the grounds on which educational in14 stitutions are subject to lawsuits based on cam15 pus sexual assaults, the resolution of these

16 cases, and measures that can be taken to avoid

17 the likelihood of lawsuits and civil liability;

18 (6) an assessment of the policies and practices

19 of educational institutions that are of greatest effec20 tiveness in addressing campus sexual assaults and

21 protecting victims, including policies and practices

22 relating to the particular issues described in para23 graph (5); and

24 (7) any recommendations the Attorney General

25 may have for reforms to address campus sexual as-
44

HR 688 IH

1 saults and protect victims more effectively, and any

2 other matters that the Attorney General deems rel3 evant to the subject of the study and report required

4 by this section.

5 (c) SUBMISSION OF REPORT.—The report required

6 by subsection (b) shall be submitted to the Congress no

7 later than September 1, 1995.

8 (d) DEFINITION.—For purposes of this section,

9 ‘‘campus sexual assaults’’ includes sexual assaults occur10 ring at institutions of postsecondary education and sexual

11 assaults committed against or by students or employees

12 of such institutions.

13 (e) AUTHORIZATION OF APPROPRIATION.—There is

14 authorized to be appropriated $200,000 to carry out the

15 study required by this section.

16 Subtitle D—Assistance to States and Localities

17 SEC. 141. SEXUAL VIOLENCE GRANT PROGRAM.

18 (a) PURPOSE.—The purpose of this section is to

19 strengthen and improve State and local efforts to prevent

20 and punish sexual violence, and to assist and protect the

21 victims of sexual violence.

22 (b) AUTHORIZATION OF GRANTS.—The Attorney

23 General, through the Bureau of Justice Assistance, the

24 Office for Victims of Crime, and the Bureau of Justice
45

HR 688 IH

1 Statistics, may make grants to support projects and pro2 grams relating to sexual violence, including support of—

3 (1) training and policy development programs

4 for law enforcement officers and prosecutors con5 cerning the investigation and prosecution of sexual

6 violence;

7 (2) law enforcement and prosecutorial units and

8 teams that target sexual violence;

9 (3) victim services programs for victims of sex10 ual violence;

11 (4) educational and informational programs re12 lating to sexual violence;

13 (5) improved systems for collecting, keeping,

14 and disseminating records and data concerning sex15 ual violence and offenders who engage in sexual vio16 lence;

17 (6) background check systems that enable em18 ployers to determine whether employees and appli19 cants for employment have criminal histories involv20 ing sexual violence, in relation to employment posi21 tions for which a person may be unsuitable on the

22 basis of such a history, such as child care positions

23 and positions involving access to people’s homes;
46

HR 688 IH

1 (7) registration systems which require persons

2 convicted of sexual violence to keep law enforcement

3 authorities informed of their addresses or locations;

4 (8) security measures in parks, public transpor5 tation systems, public buildings and facilities, and

6 other public places which reduce the risk that acts

7 of sexual violence will occur in such places;

8 (9) programs addressing campus sexual as9 saults, as defined in section 131 of this Act;

10 (10) programs assisting runaway and homeless

11 children or other persons who have been subjected to

12 or are at risk of sexual violence or sexual exploi13 tation, including sexual exploitation through pros14 titution or in the production of pornography;

15 (11) training programs for judges and court

16 personnel in relation to cases involving sexual vio17 lence; and

18 (12) treatment programs in a correctional set19 ting for offenders who engage in sexual violence,

20 which may include aftercare components, and which

21 shall include an evaluation component to determine

22 the effectiveness of the treatment in reducing recidi23 vism.
47

HR 688 IH

1 (c) FORMULA GRANTS.—Of the amount appropriated

2 in each fiscal year for grants under this section, other than

3 the amount set aside to carry out subsection (d)—

4 (1) 0.25 percent shall be set aside for each par5 ticipating State; and

6 (2) the remainder shall be allocated to the par7 ticipating States in proportion to their populations;

8 for the use of State and local governments in the States.

9 (d) DISCRETIONARY GRANTS.—Of the amount appro10 priated in each fiscal year, 20 percent shall be set aside

11 in a discretionary fund to provide grants to public and

12 private agencies to further the purposes and objectives set

13 forth in subsections (a) and (b).

14 (e) APPLICATION FOR FORMULA GRANTS.—To re15 quest a grant under subsection (c), the chief executive offi16 cer of a State must, in each fiscal year, submit to the

17 Attorney General a plan for addressing sexual violence in

18 the State, including a specification of the uses to which

19 funds provided under subsection (c) will be put in carrying

20 out the plan. The application must include—

21 (1) certification that the Federal funding pro22 vided will be used to supplement and not supplant

23 State and local funds;

24 (2) certification that any requirement of State

25 law for review by the State legislature or a des-
48

HR 688 IH

1 ignated body, and any requirement of State law for

2 public notice and comment concerning the proposed

3 plan, has been satisfied; and

4 (3) provisions for fiscal control, management,

5 recordkeeping, and submission of reports in relation

6 to funds provided under this section that are consist7 ent with requirements prescribed for the program.

8 (f) CONDITIONS ON GRANTS.—

9 (1) MATCHING FUNDS.—Grants under sub10 section (c) may be for up to 50 percent of the overall

11 cost of a project or program funded. Discretionary

12 grants under subsection (d) may be for up to 100

13 percent of the overall cost of a project of program

14 funded.

15 (2) DURATION OF GRANTS.—Grants under sub16 section (c) may be provided in relation to a particu17 lar project or program for up to an aggregate maxi18 mum period of four years.

19 (3) LIMIT ON ADMINISTRATIVE COSTS.—Not

20 more than 5 percent of a grant under subsection (c)

21 may be used for costs incurred to administer the

22 grant.

23 (4) PAYMENT OF COST OF FORENSIC MEDICAL

24 EXAMINATIONS.—It is a condition of eligibility for

25 grants under subsection (c) that a State pay the cost
49

HR 688 IH

1 of forensic medical examinations for victims of sex2 ual violence.

3 (5) POLICIES AGAINST CAMPUS SEXUAL AS4 SAULTS.—For an institution of postsecondary edu5 cation seeking a grant under subsection (d), it is a

6 condition of eligibility that the institution articulate

7 and communicate to its students a clear policy that

8 sexual violence will not be tolerated by the institu9 tion.

10 (g) EVALUATION.—The National Institute of Justice

11 shall have the authority to carry out evaluations of pro12 grams funded under this section. The recipient of any

13 grant under this section may be required to include an

14 evaluation component to determine the effectiveness of the

15 project or program funded that is consistent with guide16 lines issued by the National Institute of Justice.

17 (h) COORDINATION.—The Attorney General may uti18 lize the Office of Justice Programs to coordinate the ad19 ministration of grants under this section. The coordination

20 of grants under this section shall include prescribing con21 sistent program requirements for grantees, allocating

22 functions and the administration of particular grants

23 among the components that participate in the administra24 tion of the program under this section, coordinating the

25 program under this section with the Domestic Violence
50

HR 688 IH

1 and Family Support Grant Program established by section

2 208 of this Act, and coordinating the program under this

3 section with other grant programs administered by compo4 nents of the Department of Justice.

5 (i) DEFINITION.—For purposes of this section, ‘‘sex6 ual violence’’ includes nonconsensual sex offenses and sex

7 offenses involving victims who are not able to give legally

8 effective consent because of age or incompetency.

9 (j) REPORT.—The Attorney General shall submit an

10 annual report to Congress concerning the operation and

11 effectiveness of the program under this section.

12 (k) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated, in each of fiscal years

14 1994, 1995, and 1996, $250,000,000 to carry out this

15 section, and such sums as may be necessary in each fiscal

16 year thereafter.

17 SEC. 142. SUPPLEMENTARY GRANTS FOR STATES ADOPT18 ING EFFECTIVE LAWS RELATING TO SEXUAL

19 VIOLENCE.

20 (a) SUPPLEMENTARY GRANTS.—The Attorney Gen21 eral may, in each fiscal year, authorize the award to a

22 State of an aggregate amount of up to $1 million under

23 the Sexual Violence Grant Program established by section

24 141 of this Act, in addition to any funds that are other25 wise authorized under that program. The authority to
51

HR 688 IH

1 award additional funding under this section is conditional

2 on certification by the Attorney General that the State has

3 laws relating to sexual violence that exceed or are reason4 ably comparable to the provisions of Federal law (includ5 ing changes in Federal law adopted by this Act) in the

6 following areas:

7 (1) Authorization of pretrial detention of de8 fendants in sexual assault cases where prevention of

9 flight or the safety of others cannot be reasonably

10 assured by other means, and denial of release pend11 ing appeal for persons convicted of sexual assault of12 fenses who have been sentenced to imprisonment.

13 (2) Authorization of severe penalties for sexual

14 assault offenses.

15 (3) Pretrial testing for the human

16 immunodeficiency virus of persons charged with sex17 ual assault offenses, with disclosure of test results to

18 the victim.

19 (4) Payment of the cost of medical examina20 tions and the cost of testing for the human

21 immunodeficiency virus for victims of sexual as22 saults.

23 (5) According the victim of a sexual assault the

24 right to be present at judicial proceedings in the

25 case.
52

HR 688 IH

1 (6) Protection of victims from injury into unre2 lated sexual behavior in sexual assault cases.

3 (7) Rules of professional conduct for lawyers

4 that protect victims from unwarranted cross-exam5 ination and impeachment, dilatory tactics, and other

6 abuses in sexual assault cases.

7 (8) Authorization of admission and consider8 ation in sexual assault cases of evidence that the de9 fendant has committed sexual assaults on other oc10 casions.

11 (9) Authorization of the victim in sexual assault

12 cases to address the court concerning the sentence

13 to be imposed.

14 (10) Authorization of the award of restitution

15 to victims of sexual assaults as part of a criminal

16 sentence.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated in each fiscal year such

19 sums as may be necessary to carry out this section.
53

HR 688 IH

1 TITLE II—DOMESTIC VIOLENCE, STALKING,

2 AND OFFENSES AGAINST THE FAMILY

3 SEC. 201. INTERSTATE TRAVEL TO COMMIT SPOUSE ABUSE

4 OR TO VIOLATE PROTECTIVE ORDER; INTER5 STATE STALKING.

6 (a) OFFENSE.—Part 1 of title 18, United States

7 Code, is amended by inserting after chapter 110 the fol8 lowing:

9 ‘‘CHAPTER 110A—DOMESTIC VIOLENCE AND

10 STALKING

‘‘Sec.

‘‘2261. Domestic violence and stalking.

11 § 2261. Domestic violence stalking

12 ‘‘(a) OFFENSE.—Whoever causes or attempts to

13 cause bodily injury to, engages in sexual abuse against,

14 or violates a protective order in relation to, another shall

15 be punished—

16 ‘‘(1) if death results, by death or by imprison17 ment for any term of years or for life;

18 ‘‘(2) if permanent disfigurement or life-threat19 ening bodily injury results, by imprisonment for not

20 more than 20 years;

21 ‘‘(3) if serious bodily injury results, or if a fire22 arm, knife, or other dangerous weapon is possessed,

23 carried, or used during the commission of the of-
54

HR 688 IH

1 fense, by imprisonment for not more than 10 years;

2 and

3 ‘‘(4) in any other case, by imprisonment for not

4 more than five years.

5 If, however, the defendant engages in sexual abuse and

6 the penalty authorized for such conduct under chapter

7 109A exceeds the penalty which would otherwise be au8 thorized under this subsection, then the penalty authorized

9 for such conduct under chapter 109A shall apply.

10 ‘‘(b) MANDATORY PENALTIES.—A sentence under

11 this section shall include at least 3 months of imprison12 ment if the offense involves the infliction of bodily injury

13 on or the commission of sexual abuse against the victim.

14 A sentence under this section shall include at least 6

15 months of imprisonment if the offense involves the viola16 tion of a protective order and the defendant has previously

17 violated a protective order in relation to the same victim.

18 ‘‘(c) JURISDICTION.—There is Federal jurisdiction to

19 prosecute an offense under this section if the defendant

20 traveled in interstate or foreign commerce, or transported

21 or caused another to move in interstate or foreign com22 merce, with the intention of committing or in furtherance

23 of committing the offense, and—

24 ‘‘(1) the victim was a spouse or former spouse

25 of the defendant, was cohabiting with or had
55

HR 688 IH

1 cohabited with the defendant, or had a child in com2 mon with the defendant; or

3 ‘‘(2) the defendant on two or more occasions—

4 ‘‘(A) has caused or attempted or threat5 ened to cause death or serious bodily injury to

6 or engaged in sexual abuse in relation to the

7 victim; or

8 ‘‘(B) has engaged in any conduct that

9 caused or was intended to cause apprehension

10 by the victim that the victim would be subjected

11 to death, serious bodily injury, or sexual abuse.

12 ‘‘(d) DEFINITIONS.—For purposes of this section—

13 ‘‘(1) ‘protective order’ means an order issued by

14 a court of a State prohibiting or limiting violence

15 against, harassment of, contact or communication

16 with, or physical proximity to another person;

17 ‘‘(2) ‘sexual abuse’ means any conduct pro18 scribed by chapter 109A of this title, whether or not

19 the conduct occurs in the special maritime and terri20 torial jurisdiction of the United States or in a Fed21 eral prison;

22 ‘‘(3) ‘serious bodily injury’ and ‘bodily injury’

23 have the meanings given in section 1365(g); and

24 ‘‘(4) ‘State’ has the meaning given in section

25 513(c)(5).’’.
56

HR 688 IH

1 (b) CLERICAL AMENDMENT.—The analysis for part

2 1 of title 18, United States Code, is amended by inserting

3 after the item for chapter 110 the following:

‘‘110A. Domestic violence and stalking ..................................... 2261’’.

4 (c) MANDATORY RESTITUTION.—Section 3663 of

5 title 18, United States Code, as amended by section 109

6 of this Act, is further amended by striking ‘‘or chapter

7 110’’ and inserting ‘‘, chapter 110, or section 2261’’ in

8 each of subsection (b)(2) and subsection (d).

9 (d) INTERIM PROTECTION.—Section 3156(a)(4)(C)

10 of title 18, United States Code, as added by section 101

11 of this Act, is amended by striking ‘‘or chapter 110’’ and

12 inserting ‘‘, chapter 110, or section 2261’’.

13 (e) DEATH PENALTY PROCEDURES.—Section 1118

14 of title 18, United States Code, as enacted by section 102

15 of this Act, is amended in paragraph (1) of subsection (e)

16 by inserting ‘‘or section 2261’’ after ‘‘117’’.

17 SEC. 202. FULL FAITH AND CREDIT FOR PROTECTIVE OR18 DERS.

19 (a) REQUIREMENT OF FULL FAITH AND CREDIT.—

20 Chapter 110A of title 18, United States Code, as enacted

21 by section 201, is amended by adding at the end the fol22 lowing:

23 ‘‘§ 2262. Full Faith and Credit for Protective Orders

24 ‘‘(a) A protective order issued by a court of a State

25 shall have the same full faith and credit in a court in an-
57

HR 688 IH

1 other State that it would have in a court of the State in

2 which issued, and shall be enforced by the courts of any

3 State as if it were issued in that State.

4 ‘‘(b) For purposes of this section—

5 ‘‘(1) ‘protective order’ means an order prohibit6 ing or limiting violence against, harassment of, con7 tact or communication with, or physical proximity to

8 another person; and

9 ‘‘(2) ‘State’ has the meaning given in section

10 513(c)(5).’’.

11 (b) CLERICAL AMENDMENT.—The analysis for chap12 ter 110A of title 18, United States Code, as enacted by

13 section 201, is amended by inserting at the end the follow14 ing:

15 ‘‘§ 2262. Full Faith and Credit for Protective Orders.’’.

16 SEC. 203. NON-COMPLIANCE WITH CHILD SUPPORT OBLI17 GATIONS IN INTERSTATE CASES.

18 Chapter 11A of title 18, United States Code, is

19 amended to read as follows:

20 ‘‘CHAPTER 11A—CHILD SUPPORT

‘‘Sec.

‘‘228. Non-compliance with child support obligations.

21 ‘‘§ 228. Non-compliance with child support obliga22 tions.

23 ‘‘(a) OFFENSE.—Whoever—
58

HR 688 IH

1 ‘‘(1) leaves or remains outside a State with in2 tent to avoid payment of a child support obligation;

3 or

4 ‘‘(2) fails to pay a major child support obliga5 tion, as defined in subsection (e), with respect to a

6 child who resides in another State, despite having

7 the financial resources to pay the obligation or the

8 ability to acquire such resources through reasonable

9 diligence;

10 shall be punished as provided in subsection (c).

11 ‘‘(b) PRESUMPTION.—In relation to an offense

12 charged under paragraph (1) of subsection (a), the ab13 sence of the defendant from the State for an aggregate

14 period of 6 months without payment of the child support

15 obligation shall create a rebuttable presumption that the

16 intent existed to avoid payment of the obligation.

17 ‘‘(c) PENALTY.—A person convicted of an offense

18 under this section shall be punished by imprisonment for

19 up to 6 months, and on a second or subsequent conviction,

20 by imprisonment for up to two years.

21 ‘‘(d) RESTITUTION.—In addition to any restitution

22 that may be ordered pursuant to section 3663, a sentence

23 for an offense under this section shall include an order

24 of restitution in an amount equal to the past due support

25 obligation as it exists at the time of sentencing. Sub-
59

HR 688 IH

1 sections (e)–(i) of section 3663 shall apply to an order

2 of restitution pursuant to this subsection.

3 ‘‘(e) DEFINITIONS.—For purposes of this section—

4 ‘‘(1) ‘child support obligation’ means an

5 amount determined under a court order or an order

6 of an administrative process pursuant to the law of

7 a State to be due from a person for the support of

8 a child or of a child and the parent with whom the

9 child is living;

10 ‘‘(2) ‘major child support obligation’ means a

11 child support obligation that has remained unpaid

12 for a period exceeding one year, or that is greater

13 than $5,000;

14 ‘‘(3) ‘past due support obligation’ means a child

15 support obligation that is unpaid at the time of sen16 tencing for an offense under this section; and

17 ‘‘(4) ‘State’ has the meaning given in section

18 513(c)(5).’’.

19 SEC. 204. PRESUMPTION AGAINST CHILD CUSTODY FOR

20 SPOUSE ABUSERS.

21 (a) The Congress finds that—

22 (1) courts fail to recognize the detrimental ef23 fects of having as a custodial parent an individual

24 who physically abuses his or her spouse, insofar as
60

HR 688 IH

1 they do not hear or weigh evidence of domestic vio2 lence in child custody litigation;

3 (2) joint custody forced upon hostile parents

4 can create a damaging psychological environment for

5 a child;

6 (3) physical abuse of a spouse is relevant to the

7 likelihood of child abuse in child custody disputes;

8 (4) the effects on children of physical abuse of

9 a spouse include—

10 (A) traumatization and psychological dam11 age to children resulting from observation of

12 the abuse and the climate of violence and fear

13 existing in a home where abuse takes place;

14 (B) the risk that children may become tar15 gets of physical abuse when they attempt to in16 tervene on behalf of an abused parent; and

17 (C) the negative effects on children of ex18 posure to an inappropriate role model, in that

19 witnessing an aggressive parent may commu20 nicate to children that violence is an acceptable

21 means of dealing with others; and

22 (5) the harm to children from spouse abuse

23 may be compounded by award of exclusive or joint

24 custody to an abuser because further abuse may

25 occur when the abused spouse is forced to have con-
61

HR 688 IH

1 tact with the abuser as a result of the custody ar2 rangement, and because the child or children may be

3 exposed to abuse committed by the abuser against a

4 subsequent spouse or partner.

5 (b) SENSE OF CONGRESS.—It is the sense of the

6 Congress that, for purposes of determining child custody,

7 evidence establishing that a parent engages in physical

8 abuse of a spouse should create a statutory presumption

9 that it is detrimental to the child to be placed in the cus10 tody of the abusive spouse.

11 SEC. 205. REPORT ON BATTERED WOMEN’S SYNDROME.

12 (a) REPORT.—The Attorney General shall prepare

13 and transmit to the Congress a report on the status of

14 battered women’s syndrome as a medical and psycho15 logical condition and on its effect in criminal trials. The

16 Attorney General may utilize the National Institute of

17 Justice to obtain information required for the preparation

18 of the report.

19 (b) COMPONENTS OF REPORT.—The report described

20 in subsection (a) shall include—

21 (1) a review of medical and psychological views

22 concerning the existence, nature, and effects of bat23 tered women’s syndrome as a psychological condi24 tion;
62

HR 688 IH

1 (2) a compilation of judicial decisions that have

2 admitted or excluded evidence of battered women’s

3 syndrome as evidence of guilt or as a defense in

4 criminal trials; and

5 (3) information on the views of judges, prosecu6 tors, and defense attorneys concerning the effects

7 that evidence of battered women’s syndrome may

8 have in criminal trials.

9 SEC. 206. REPORT ON CONFIDENTIALITY OF ADDRESSES

10 FOR VICTIMS OF DOMESTIC VIOLENCE.

11 (a) The Attorney General shall conduct a study of

12 the means by which abusive spouses may obtain informa13 tion concerning the addresses or locations of estranged or

14 former spouses, notwithstanding the desire of the victims

15 to have such information withheld to avoid further expo16 sure to abuse. Based on the study, the Attorney General

17 shall transmit a report to Congress including—

18 (1) the findings of the study concerning the

19 means by which information concerning the address20 es or locations of abused spouses may be obtained

21 by abusers; and

22 (2) analysis of the feasibility of creating effec23 tive means of protecting the confidentiality of infor24 mation concerning the addresses and locations of

25 abused spouses to protect such persons from expo-
63

HR 688 IH

1 sure to further abuse while preserving access to such

2 information for legitimate purposes.

3 (b) The Attorney General may utilize the National

4 Institute of Justice and the Office for Victims of Crime

5 in carrying out this section.

6 SEC. 207. REPORT ON RECORDKEEPING RELATING TO DO7 MESTIC VIOLENCE.

8 Not later than 1 year after the date of enactment

9 of this Act, the Attorney General shall complete a study

10 of, and shall submit to Congress a report and rec11 ommendations on, problems of recordkeeping of criminal

12 complaints involving domestic violence. The study and re13 port shall examine—

14 (1) the efforts that have been made by the De15 partment of Justice, including the Federal Bureau

16 of Investigation, to collect statistics on domestic vio17 lence; and

18 (2) the feasibility of requiring that the relation19 ship between an offender and victim be reported in

20 Federal records of crimes of aggravated assault,

21 rape, and other violent crimes.

22 SEC. 208. DOMESTIC VIOLENCE AND FAMILY SUPPORT

23 GRANT PROGRAM.

24 (a) PURPOSE.—The purpose of this section is to

25 strengthen and improve State and local efforts to prevent
64

HR 688 IH

1 and punish domestic violence and other criminal and un2 lawful acts that particularly affect women, and to assist

3 and protect the victims of such crimes and acts.

4 (b) AUTHORIZATION OF GRANTS.—The Attorney

5 General, through the Bureau of Justice Assistance, the

6 Office for Victims of Crime, and the Bureau of Justice

7 Statistics, may make grants to support projects and pro8 grams relating to domestic violence and other criminal and

9 unlawful acts that particularly affect women, including

10 support of—

11 (1) training and policy development programs

12 for law enforcement officers and prosecutors con13 cerning the investigation and prosecution of domes14 tic violence;

15 (2) law enforcement and prosecutorial units and

16 teams that target domestic violence;

17 (3) model, innovative, and demonstration law

18 enforcement programs relating to domestic violence

19 that involve proarrest and aggressive prosecution

20 policies;

21 (4) model, innovative, and demonstration pro22 grams for the effective utilization and enforcement

23 of protective orders;

24 (5) programs addressing stalking and persistent

25 menacing;
65

HR 688 IH

1 (6) victim services programs for victims of do2 mestic violence;

3 (7) shelters that provide services for victims of

4 domestic violence and related programs;

5 (8) educational and informational programs re6 lating to domestic violence;

7 (9) resource centers providing information,

8 technical assistance, and training to domestic vio9 lence service providers, agencies, and programs;

10 (10) coalitions of domestic violence service pro11 viders, agencies, and programs;

12 (11) training programs for judges and court

13 personnel in relation to cases involving domestic vio14 lence; and

15 (12) enforcement of child support obligations,

16 including cooperative efforts and arrangements of

17 States to improve enforcement in cases involving

18 interstate elements.

19 (c) FORMULA GRANTS.—Of the amount appropriated

20 in each fiscal year for grants under this section, other than

21 the amount set aside to carry out subsection (d)—

22 (1) 0.25 percent shall be set aside for each par23 ticipating State; and

24 (2) the remainder shall be allocated to the par25 ticipating States in proportion to their populations;
66

HR 688 IH

1 for the use of State and local governments in the

2 States.

3 (d) DISCRETIONARY GRANTS.—Of the amount appro4 priated in each fiscal year, 20 percent shall be set aside

5 in a discretionary fund to provide grants to public and

6 private agencies to further the purposes and objectives set

7 forth in subsections (a) and (b).

8 (e) APPLICATION FOR FORMULA GRANTS.—To re9 quest a grant under subsection (c), the chief executive offi10 cer of a State must, in each fiscal year, submit to the

11 Attorney General a plan for addressing domestic violence

12 and other criminal and unlawful acts that particularly af13 fect women in the State, including a specification of the

14 uses to which funds provided under subsection (c) will be

15 put in carrying out the plan. The application must in16 clude—

17 (1) certification that the Federal funding pro18 vided will be used to supplement and not supplant

19 State and local funds;

20 (2) certification that any requirement of State

21 law for review by the State legislature or a des22 ignated body, and any requirement of State law for

23 public notice and comment concerning the proposed

24 plan, has been satisfied; and
67

HR 688 IH

1 (3) provisions for fiscal control, management,

2 recordkeeping, and submission of reports in relation

3 to funds provided under this section that are consist4 ent with requirements prescribed for the program.

5 (f) CONDITIONS ON GRANTS.—

6 (1) MATCHING FUNDS.—Grants under sub7 section (c) may be for up to 50 percent of the overall

8 cost of a project or program funded. Discretionary

9 grants under subsection (d) may for up to 100 per10 cent of the overall cost of a project or program fund11 ed.

12 (2) DURATION OF GRANTS.—Grants under sub13 section (c) may be provided in relation to a particu14 lar project or program for up to an aggregate maxi15 mum period of four years.

16 (3) LIMIT ON ADMINISTRATIVE COSTS.—Not

17 more than 5 percent of a grant under subsection (c)

18 may be used for costs incurred to administer the

19 grant.

20 (g) EVALUATION.—The National Institute of Justice

21 shall have the authority to carry out evaluations of pro22 grams funded under this section. The recipient of any

23 grant under this section may be required to include an

24 evaluation component to determine the effectiveness of the
68

HR 688 IH

1 project or program funded that is consistent with guide2 lines issued by the National Institute of Justice.

3 (h) COORDINATION.—The Attorney General may uti4 lize the Office of Justice Programs to coordinate the ad5 ministration of grants under this section. The coordination

6 of grants under this section shall include prescribing con7 sistent program requirements for grantees, allocating

8 functions and the administration of particular grants

9 among the components that participate in the administra10 tion of the program under this section, coordinating the

11 program under this section with the Sexual Violence Grant

12 Program established by section 141 of this Act, and co13 ordinating the program under this section with other

14 grant programs administered by components of the De15 partment of Justice.

16 (i) DEFINITION.—For purposes of this section, ‘‘do17 mestic violence’’ includes any act of criminal violence in

18 which the offender and the victim are members of the

19 same household or relatives, or in which the offender and

20 the victim are present or former spouses or cohabitors or

21 have a child in common.

22 (j) REPORT.—The Attorney General shall submit an

23 annual report to Congress concerning the operation and

24 effectiveness of the program under this section.
69

HR 688 IH

1 (k) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated, in each of fiscal years

3 1994, 1995, and 1996, $250,000,000 to carry out this

4 section, and such sums as may be necessary in each fiscal

5 year thereafter.

6 TITLE III—NATIONAL TASK FORCE ON

7 VIOLENCE AGAINST WOMEN

8 SEC. 301. ESTABLISHMENT.

9 Not later than 30 days after the date of enactment

10 of this Act, the Attorney General shall establish a task

11 force to be known as the ‘‘National Task Force on Vio12 lence Against Women’’ (referred to in this title as the

13 ‘‘task force’’).

14 SEC. 302. DUTIES OF TASK FORCE.

15 (a) GENERAL PURPOSE OF TASK FORCE.—The task

16 force shall recommend Federal, State, and local strategies

17 aimed at protecting women against violent crime, punish18 ing persons who commit such crimes, and enhancing the

19 rights of victims of such crimes.

20 (b) DUTIES OF TASK FORCE.—The task force shall

21 perform such functions as the Attorney General deems ap22 propriate to carry out the purposes of the task force, in23 cluding—

24 (1) considering the reports and recommenda25 tions of past Federal and State studies of violent
70

HR 688 IH

1 crime, family violence, and the treatment of crime

2 victims, including the Report of the Attorney Gen3 eral to the President on Combating Violent Crime

4 (1992), the Report of the Attorney General’s Task

5 Force on Family Violence (1984), the Report of the

6 President’s Task Force on Victims of Crime (1982),

7 and the reports and recommendations of the task

8 forces and commissions established by the States of

9 Alabama, Alaska, Arkansas, Hawaii, Idaho, Indiana,

10 Kansas, Louisiana, Michigan, Minnesota, Nebraska,

11 New Mexico, New York, North Carolina, Rhode Is12 land, Virginia, Texas, and Wyoming;

13 (2) developing strategies for Federal, State, and

14 local law enforcement designed to protect women

15 against violent crime, and to prosecute and punish

16 those responsible for such crime;

17 (3) evaluating the adequacy of rules of evi18 dence, practice, and procedure to ensure the effective

19 prosecution and conviction of violent offenders

20 against women and to protect victims from abuse in

21 legal proceedings, and making recommendations for

22 the improvement of such rules;

23 (4) evaluating the adequacy of pretrial release,

24 sentencing, incarceration, and postconviction release

25 in relation to violent offenders against women, and
71

HR 688 IH

1 making recommendations designed to ensure that

2 such offenders are restrained from causing further

3 harm to the victim and others and receive appro4 priate punishment, including means of ensuring that

5 the efficacy of criminal sanctions will not be under6 mined by parole or other early release mechanisms;

7 (5) assessing the issuance, formulation, and en8 forcement of protective orders, whether or not relat9 ed to a criminal proceeding, and making rec10 ommendations for the effective use of such orders to

11 protect women from violence;

12 (6) assessing the problem of stalking and per13 sistent menacing of women, and recommending ef14 fective means of response to the problem;

15 (7) assessing the problem of sexual exploitation

16 of women and youths through prostitution and in

17 the production of pornography, and recommending

18 effective means of response to the problem; and

19 (8) generally evaluating the treatment of

20 women as victims of violent crime in the criminal

21 justice system, and making recommendations de22 signed to improve such treatment.

23 SEC. 303. MEMBERSHIP.

24 (a) IN GENERAL.—The task force shall consist of up

25 to 10 members, who shall be appointed by the Attorney
72

HR 688 IH

1 General not later than 60 days after the date of enactment

2 of this Act. The Attorney General shall ensure that the

3 task force includes representatives of State and local law

4 enforcement, the State and local judiciary, and groups

5 dedicated to protecting the rights of victims.

6 (b) CHAIRMAN.—The Attorney General or the Attor7 ney General’s designee shall serve as chairman of the task

8 force.

9 SEC. 304. PAY.

10 (A) NO ADDITIONAL COMPENSATION.—Members of

11 the task force who are officers or employees of a govern12 mental agency shall receive no additional compensation by

13 reason of their service on the task force.

14 (b) PER DIEM.—While away from their homes or reg15 ular places of business in the performance of duties for

16 the task force, members of the task force shall be allowed

17 travel expenses, including per diem in lieu of subsistence,

18 at rates authorized for employees of agencies under sec19 tions 5702 and 5703 of title 5, United States Code.

20 SEC. 305. EXECUTIVE DIRECTOR AND STAFF.

21 (a) EXECUTIVE DIRECTOR.—

22 (1) APPOINTMENT.—The task force shall have

23 an Executive Director who shall be appointed by the

24 Attorney General not later than 30 days after the

25 task force is fully constituted under section 303.
73

HR 688 IH

1 (2) COMPENSATION.—The Executive Director

2 shall be compensated at a rate of not to exceed the

3 maximum rate of the basic pay payable under GS–

4 18 of the General Schedule as contained in title 5,

5 United States Code.

6 (b) STAFF.—With the approval of the task force, the

7 Executive Director may appoint and fix the compensation

8 of such additional personnel as the Executive Director

9 considers necessary to carry out the duties of the task

10 force.

11 (c) APPLICABILITY OF CIVIL SERVICE LAWS.—The

12 Executive Director and the additional personnel of the

13 task force appointed under subsection (b) may be ap14 pointed without regard to the provisions of title 5, United

15 States Code, governing appointments in the competitive

16 service, and may be paid without regard to the provisions

17 of chapter 51 and subchapter III of chapter 53 of such

18 title relating to classification and General Schedule pay

19 rates.

20 (d) CONSULTANTS.—Subject to such rules as may be

21 prescribed by the task force, the Executive Director may

22 procure temporary intermittent services under section

23 3109(b) of title 5, United States Code, at rates for individ24 uals not to exceed $200 per day.
74

HR 688 IH

1 SEC. 306. POWERS OF TASK FORCE.

2 (a) HEARINGS.—For the purpose of carrying out this

3 title, the task force may conduct such hearings, sit and

4 act at such times and places, take such testimony, and

5 receive such evidence, as the task force considers appro6 priate. The task force may administer oaths before the

7 task force.

8 (b) DELEGATION.—Any member or employee of the

9 task force may, if authorized by the task force, take any

10 action that the task force is authorized to take under this

11 title.

12 (c) ACCESS TO INFORMATION.—The task force may

13 secure directly from any executive department or agency

14 such information as may be necessary to enable the task

15 force to carry out this title, to the extent access to such

16 information is permitted by law. On request of the Attor17 ney General, the head of such a department or agency

18 shall furnish such permitted information to the task force.

19 (d) MAIL.—The task force may use the United States

20 mails in the same manner and under the same conditions

21 as other departments and agencies of the United States.

22 SEC. 307. REPORT.

23 Not later than 1 years after the date on which the

24 task force is fully constituted under section 303, the Attor25 ney General shall submit a detailed report to the Congress

26 on the findings and recommendations of the task force.
75

HR 688 IH

1 SEC. 308. AUTHORIZATION OF APPROPRIATION.

2 There is authorized to be appropriated for fiscal year

3 1994, $500,000 to carry out the purposes of this title.

4 SEC. 309. TERMINATION.

5 The task force shall cease to exist 30 days after the

6 date on which the Attorney General’s report is submitted

7 under section 307. The Attorney General may extend the

8 life of the task force for a period of not to exceed one

9 year.

Æ

HR 688 IH——2

HR 688 IH——3

HR 688 IH——4

HR 688 IH——5