Calendar No. 195

103D CONGRESS

1ST SESSION S. 11

[Report No. 103–138]

A BILL

To combat violence and crimes against women on

the streets and in homes.

SEPTEMBER 10 (legislative day, SEPTEMBER 7), 1993

Reported with an amendment
II

Calendar No. 195

103D CONGRESS

1ST SESSION S. 11

[Report No. 103–138]

To combat violence and crimes against women on the streets and in homes.

IN THE SENATE OF THE UNITED STATES

JANUARY 21 (legislative day, JANUARY 5), 1993

Mr. BIDEN (for himself, Mrs. BOXER, Mr. COHEN, Mr. KENNEDY, Mr. KOHL,

Mr. BOREN, Mr. AKAKA, Mr. GLENN, Mr. GRAHAM, Mr. HOLLINGS, Mr.

JOHNSTON, Mr. LIEBERMAN, Mr. SARBANES, Mr. SHELBY, Mr. ROCKEFELLER, Mr. ROBB, Mr. WARNER, Mr. PELL, Mr. SIMON, Mr. MOYNIHAN, Mr. BRADLEY, Mr. WELLSTONE, Mr. BREAUX, Mr. HARKIN, Mr.

LEVIN, Mr. HATFIELD, Mr. DECONCINI, Mr. REID, Mr. CAMPBELL, Mr.

RIEGLE, Mr. BRYAN, Mr. KERRY, Mr. DODD, Mr. CONRAD, Mr. BAUCUS,

Mr. D’AMATO, Mr. DURENBERGER, Mr. LEAHY, Ms. MOSELEY-BRAUN,

Ms. MURRAY, Mr. LAUTENBERG, Mr. INOUYE, Mr. KERREY, Mr. SPECTER, Mr. MITCHELL, Ms. MIKULSKI, Mr. KRUEGER, Mr. DASCHLE, Mr.

BUMPERS, Mr. WOFFORD, Mrs. FEINSTEIN, Mr. EXON, Mr. MATHEWS,

Mr. FORD, Mr. JEFFORDS, Mr. DORGAN, Mr. PRYOR, Mr. PACKWOOD,

Mr. METZENBAUM, Mr. PRESSLER, Mr. HATCH, Mr. BURNS, Mr. BINGAMAN, Mr. HUTCHISON, and Mr. BROWN) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

SEPTEMBER 10 (legislative day, SEPTEMBER 7), 1993

Reported by Mr. BIDEN, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To combat violence and crimes against women on the streets

and in homes.
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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 ‘‘Violence Against

5 Women Act of 1993’’.

6 SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—SAFE STREETS FOR WOMEN

Sec. 101. Short title.

Subtitle A—Federal Penalties for Sex Crimes

Sec. 111. Repeat offenders.

Sec. 112. Federal penalties.

Sec. 113. Mandatory restitution for sex crimes.

Sec. 114. Authorization for Federal victim’s counselors.

Subtitle B—Law Enforcement and Prosecution Grants to Reduce Violent

Crimes Against Women

Sec. 121. Grants to combat violent crimes against women.

Subtitle C—Safety for Women in Public Transit and Public Parks

Sec. 131. Grants for capital improvements to prevent crime in public transportation.

Sec. 132. Grants for capital improvements to prevent crime in national parks.

Sec. 133. Grants for capital improvements to prevent crime in public parks.

Subtitle D—National Commission on Violence Against Women

Sec. 141. Establishment.

Sec. 142. Duties of Commission.

Sec. 143. Membership.

Sec. 144. Reports.

Sec. 145. Executive director and staff.

Sec. 146. Powers of Commission.

Sec. 147. Authorization of appropriations.

Sec. 148. Termination.

Subtitle E—New Evidentiary Rules

Sec. 151. Sexual history in all criminal cases.

Sec. 152. Sexual history in civil cases.

Sec. 153. Amendments to rape shield law.

Sec. 154. Evidence of clothing.

Subtitle F—Assistance to Victims of Sexual Assault
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Sec. 161. Education and prevention grants to reduce sexual assaults against

women.

Sec. 162. Rape exam payments.

Sec. 163. Education and prevention grants to reduce sexual abuse of female

runaway, homeless, and street youth.

Sec. 164. Victim’s right of allocution in sentencing.

TITLE II—SAFE HOMES FOR WOMEN

Sec. 201. Short title.

Subtitle A—Family Violence Prevention and Services Act Amendments

Sec. 211. Grants for a national domestic violence hotline.

Subtitle B—Interstate Enforcement

Sec. 221. Interstate enforcement.

Subtitle C—Arrest in Spousal Abuse Cases

Sec. 231. Encouraging arrest policies.

Subtitle D—Funding for Shelters

Sec. 241. Authorization of appropriations.

Subtitle E—Family Violence Prevention and Services Act Amendments

Sec. 251. Grantee reporting.

Subtitle F—Youth Education and Domestic Violence

Sec. 261. Educating youth about domestic violence.

Subtitle G—Confidentiality for Abused Persons

Sec. 271. Confidentiality of abused person’s address.

Subtitle H—Technical Amendments

Sec. 281. State domestic violence coalitions.

Subtitle I—Data and Research

Sec. 291. Report on recordkeeping.

Sec. 292. Research agenda.

Sec. 293. State databases.

Sec. 294. Number and cost of injuries.

TITLE III—CIVIL RIGHTS

Sec. 301. Short title.

Sec. 302. Civil rights.

Sec. 303. Attorney’s fees.

Sec. 304. Sense of the Senate concerning protection of the privacy of rape victims.

TITLE IV—SAFE CAMPUSES FOR WOMEN

Sec. 401. Authorization of appropriations.
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TITLE V—EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT

Sec. 501. Short title.

Subtitle A—Education and Training for Judges and Court Personnel in State

Courts

Sec. 511. Grants authorized.

Sec. 512. Training provided by grants.

Sec. 513. Cooperation in developing programs in making grants under this title.

Sec. 514. Authorization of appropriations.

Subtitle B—Education and Training for Judges and Court Personnel in

Federal Courts

Sec. 521. Authorizations of circuit studies; education and training grants.

Sec. 522. Authorization of appropriations.

1 TITLE I—SAFE STREETS FOR

2 WOMEN

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Safe Streets for

5 Women Act of 1993’’.

6 Subtitle A—Federal Penalties for

7 Sex Crimes

8 SEC. 111. REPEAT OFFENDERS.

9 (a) IN GENERAL.—Chapter 109A of title 18, United

10 States Code, is amended by adding at the end the follow11 ing new section:

12 ‘‘§ 2247. Repeat offenders

13 ‘‘Any person who violates a provision of this chapter,

14 after one or more prior convictions for an offense punish15 able under this chapter, or after one or more prior convic16 tions under the laws of any State or foreign country relat17 ing to aggravated sexual abuse, sexual abuse, or abusive
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1 sexual contact, is punishable by a term of imprisonment

2 up to twice that otherwise authorized.’’.

3 (b) CHAPTER ANALYSIS.—The chapter analysis for

4 chapter 109A of title 18, United States Code, is amended

5 by adding at the end the following new item:

‘‘2247. Repeat offenders.’’.

6 SEC. 112. FEDERAL PENALTIES.

7 (a) RAPE AND AGGRAVATED RAPE.—Pursuant to its

8 authority under section 994(p) of title 28, United States

9 Code, the United States Sentencing Commission shall

10 amend its sentencing guidelines to provide that a defend11 ant convicted of aggravated sexual abuse under section

12 2241 of title 18, United States Code, or sexual abuse

13 under section 2242 of title 18, United States Code, shall

14 be assigned a base offense level under chapter 2 of the

15 sentencing guidelines that is at least 4 levels greater than

16 the base offense level applicable to criminal sexual abuse

17 under the guidelines in effect on November 1, 1992, or

18 otherwise shall amend the guidelines applicable to such of19 fenses so as to achieve a comparable minimum guideline

20 sentence. In amending such guidelines, the Sentencing

21 Commission shall review the appropriateness of existing

22 specific offense characteristics or other adjustments appli23 cable to such offenses, and make such changes as it deems

24 appropriate, taking into account the severity of rape of25 fenses, with or without aggravating factors; the unique na-
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1 ture and duration of the mental injuries inflicted on the

2 victims of such offenses; and any other relevant factors.

3 (b) EFFECT OF AMENDMENT.—If the sentencing

4 guidelines are amended after the effective date of this sec5 tion, the Sentencing Commission shall implement the in6 structions set forth in subsection (a) so as to achieve a

7 comparable result.

8 SEC. 113. MANDATORY RESTITUTION FOR SEX CRIMES.

9 (a) IN GENERAL.—Chapter 109A of title 18, United

10 States Code, is amended by adding at the end thereof the

11 following:

12 ‘‘§ 2248. Mandatory restitution

13 ‘‘(a) IN GENERAL.—Notwithstanding the terms of

14 section 3663 of this title, and in addition to any other

15 civil or criminal penalty authorized by law, the court shall

16 order restitution for any offense under this chapter.

17 ‘‘(b) SCOPE AND NATURE OF ORDER.—(1) The order

18 of restitution under this section shall direct that—

19 ‘‘(A) the defendant pay to the victim (through

20 the appropriate court mechanism) the full amount of

21 the victim’s losses as determined by the court, pur22 suant to paragraph (2); and

23 ‘‘(B) the United States Attorney enforce the

24 restitution order by all available and reasonable

25 means.
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1 ‘‘(2) For purposes of this subsection, the term ‘full

2 amount of the victim’s losses’ includes any costs incurred

3 by the victim for—

4 ‘‘(A) medical services relating to physical, psy5 chiatric, or psychological care;

6 ‘‘(B) physical and occupational therapy or reha7 bilitation;

8 ‘‘(C) necessary transportation, temporary hous9 ing, and child care expenses;

10 ‘‘(D) lost income;

11 ‘‘(E) attorneys’ fees, expert witness and inves12 tigators’ fees, interpretive services, and court costs;

13 and

14 ‘‘(F) any other losses suffered by the victim as

15 a proximate result of the offense.

16 ‘‘(3) Restitution orders under this section are manda17 tory. A court may not decline to issue an order under this

18 section because of—

19 ‘‘(A) the economic circumstances of the defend20 ant; or

21 ‘‘(B) the fact that a victim has, or is entitled

22 to, receive compensation for his or her injuries from

23 the proceeds of insurance or any other source.

24 ‘‘(4)(A) Notwithstanding the terms of paragraph (3),

25 the court may take into account the economic cir-
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1 cumstances of the defendant in determining the manner

2 in which and the schedule according to which the restitu3 tion is to be paid.

4 ‘‘(B) For purposes of this paragraph, the term ‘eco5 nomic circumstances’ includes—

6 ‘‘(i) the financial resources and other assets of

7 the defendant;

8 ‘‘(ii) projected earnings, earning capacity, and

9 other income of the defendant; and

10 ‘‘(iii) any financial obligations of the defendant,

11 including obligations to dependents.

12 ‘‘(C) An order under this section may direct the de13 fendant to make a single lump-sum payment or partial

14 payments at specified intervals. The order shall also pro15 vide that the defendant’s restitutionary obligation takes

16 priority over any criminal fine ordered.

17 ‘‘(D) In the event that the victim has recovered for

18 any amount of loss through the proceeds of insurance or

19 any other source, the order of restitution shall provide that

20 restitution be paid to the person who provided the com21 pensation, but that restitution shall be paid to the victim

22 for the victim’s other losses before any restitution is paid

23 to any other provider of compensation.
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1 ‘‘(5) Any amount paid to a victim under this section

2 shall be set off against any amount later recovered as com3 pensatory damages by the victim from the defendant in—

4 ‘‘(A) any Federal civil proceeding; and

5 ‘‘(B) any State civil proceeding, to the extent

6 provided by the law of the State.

7 ‘‘(c) PROOF OF CLAIM.—(1) Within 60 days after

8 conviction and, in any event, no later than 10 days prior

9 to sentencing, the United States Attorney (or the United

10 States Attorney’s delegee), after consulting with the vic11 tim, shall prepare and file an affidavit with the court list12 ing the amounts subject to restitution under this section.

13 The affidavit shall be signed by the United States Attor14 ney (or the United States Attorney’s delegee) and the vic15 tim. Should the victim object to any of the information

16 included in the affidavit, the United States Attorney (or

17 the United States Attorney’s delegee) shall advise the vic18 tim that the victim may file a separate affidavit and shall

19 provide the victim with an affidavit form which may be

20 used to do so.

21 ‘‘(2) If no objection is raised by the defendant, the

22 amounts attested to in the affidavit filed pursuant to sub23 section (1) shall be entered in the court’s restitution order.

24 If objection is raised, the court may require the victim or

25 the United States Attorney (or the United States Attor-
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1 ney’s delegee) to submit further affidavits or other sup2 porting documents, demonstrating the victim’s losses.

3 ‘‘(3) If the court concludes, after reviewing the sup4 porting documentation and considering the defendant’s

5 objections, that there is a substantial reason for doubting

6 the authenticity or veracity of the records submitted, the

7 court may require additional documentation or hear testi8 mony on those questions. Any records filed, or testimony

9 heard, pursuant to this section, shall be in camera in the

10 judge’s chambers.

11 ‘‘(4) In the event that the victim’s losses are not as12 certainable 10 days prior to sentencing as provided in sub13 section (c)(1), the United States Attorney (or the United

14 States Attorney’s delegee) shall so inform the court, and

15 the court shall set a date for the final determination of

16 the victim’s losses, not to exceed 90 days after sentencing.

17 If the victim subsequently discovers further losses, the vic18 tim shall have 60 days after discovery of those losses in

19 which to petition the court for an amended restitution

20 order. Such order may be granted only upon a showing

21 of good cause for the failure to include such losses in the

22 initial claim for restitutionary relief.

23 ‘‘(d) DEFINITIONS.—For purposes of this section, the

24 term ‘victim’ includes the individual harmed as a result

25 of a commission of a crime under this chapter, including,
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1 in the case of a victim who is under 18 years of age, in2 competent, incapacitated, or deceased, the legal guardian

3 of the victim or representative of the victim’s estate, an4 other family member, or any other person appointed as

5 suitable by the court: Provided, That in no event shall the

6 defendant be named as such representative or guardian.’’.

7 (b) TABLE OF SECTIONS.—The table of sections for

8 chapter 109A of title 18, United States Code, is amended

9 by adding at the end thereof the following:

‘‘2248. Mandatory restitution.’’.

10 SEC. 114. AUTHORIZATION FOR FEDERAL VICTIM’S COUN11 SELORS.

12 There is authorized to be appropriated for fiscal year

13 1993 $1,500,000 for the United States Attorneys for the

14 purpose of appointing Victim/Witness Counselors for the

15 prosecution of sex crimes and domestic violence crimes

16 where applicable (such as the District of Columbia).

17 Subtitle B—Law Enforcement and

18 Prosecution Grants to Reduce

19 Violent Crimes Against Women

20 SEC. 121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST

21 WOMEN.

22 (a) IN GENERAL.—Title I of the Omnibus Crime

23 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

24 et seq.) is amended by—

25 (1) redesignating part P as part Q;
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1 (2) redesignating section 1601 as section 1701;

2 and

3 (3) adding after part O the following new part:

4 ‘‘PART N—GRANTS TO COMBAT VIOLENT CRIMES

5 AGAINST WOMEN

6 ‘‘SEC. 1601. PURPOSE OF THE PROGRAM AND GRANTS.

7 ‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of

8 this part is to assist States, Indian tribes, cities, and other

9 localities to develop effective law enforcement and prosecu10 tion strategies to combat violent crimes against women

11 and, in particular, to focus efforts on those areas with the

12 highest rates of violent crime against women.

13 ‘‘(b) PURPOSES FOR WHICH GRANTS MAY BE

14 USED.—Grants under this part shall provide additional

15 personnel, training, technical assistance, data collection

16 and other equipment for the more widespread apprehen17 sion, prosecution, and adjudication of persons committing

18 violent crimes against women and specifically, for the pur19 poses of—

20 ‘‘(1) training law enforcement officers and pros21 ecutors to more effectively identify and respond to

22 violent crimes against women, including the crimes

23 of sexual assault and domestic violence;

24 ‘‘(2) developing, training, or expanding units of

25 law enforcement officers and prosecutors specifically
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1 targeting violent crimes against women, including

2 the crimes of sexual assault and domestic violence;

3 ‘‘(3) developing and implementing police and

4 prosecution policies, protocols, or orders specifically

5 devoted to identifying and responding to violent

6 crimes against women, including the crimes of sex7 ual assault and domestic violence;

8 ‘‘(4) developing, installing, or expanding data

9 collection systems, including computerized systems,

10 linking police, prosecutors, and courts or for the

11 purpose of identifying and tracking arrests, prosecu12 tions, and convictions for the crimes of sexual as13 sault and domestic violence; and

14 ‘‘(5) developing, enlarging, or strengthening vic15 tim services programs, including sexual assault and

16 domestic violence programs, to increase reporting

17 and reduce attrition rates for cases involving violent

18 crimes against women, including the crimes of sex19 ual assault and domestic violence.

20 ‘‘Subpart 1—High Intensity Crime Area Grants

21 ‘‘SEC. 1611. HIGH INTENSITY GRANTS.

22 ‘‘(a) IN GENERAL.—The Director of the Bureau of

23 Justice Assistance (referred to in this part as the ‘Direc24 tor’) shall make grants to areas of ‘high intensity crime’

25 against women.
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1 ‘‘(b) DEFINITION.—For purposes of this part, ‘high

2 intensity crime area’ means an area with one of the 40

3 highest rates of violent crime against women, as deter4 mined by the Bureau of Justice Statistics pursuant to sec5 tion 1612.

6 ‘‘SEC. 1612. HIGH INTENSITY GRANT APPLICATION.

7 ‘‘(a) COMPUTATION.—Within 45 days after the date

8 of enactment of this part, the Bureau of Justice Statistics

9 shall compile a list of the 40 areas with the highest rates

10 of violent crime against women based on the combined fe11 male victimization rate per population for assault, sexual

12 assault (including, but not limited to, rape), murder, rob13 bery, and kidnapping (without regard to the relationship

14 between the crime victim and the offenders).

15 ‘‘(b) USE OF DATA.—In calculating the combined fe16 male victimization rate required by subsection (a), the Bu17 reau of Justice Statistics may rely on—

18 ‘‘(1) existing data collected by States, munici19 palities, Indian reservations or statistical metropoli20 tan areas showing the number of police reports of

21 the crimes listed in subsection (a); and

22 ‘‘(2) existing data collected by the Federal Bu23 reau of Investigation, including data from those gov24 ernmental entities already complying with the Na25 tional Incident Based Reporting System, showing
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1 the number of police reports of crimes listed in sub2 section (a).

3 ‘‘(c) PUBLICATION.—After compiling the list set

4 forth in subsection (a), the Bureau of Justice Statistics

5 shall convey it to the Director who shall publish it in the

6 Federal Register.

7 ‘‘(d) QUALIFICATION.—Upon satisfying the terms of

8 subsection (e), any high intensity crime area shall be

9 qualified for a grant under this subpart upon application

10 by the chief executive officer of the governmental entities

11 responsible for law enforcement and prosecution of crimi12 nal offenses within the area and certification that—

13 ‘‘(1) the funds shall be used to reduce the rate

14 of violent crimes against women and for at least 3

15 of the purposes outlined in section 1601(b);

16 ‘‘(2) grantees and subgrantees shall develop a

17 plan for implementation, and otherwise consult and

18 coordinate program grants, with nongovernmental

19 nonprofit victim services programs; and

20 ‘‘(3) at least 25 percent of the amount granted

21 shall be allocated, without duplication, to each of the

22 following three areas: prosecution, law enforcement,

23 and victim services.

24 ‘‘(e) APPLICATION REQUIREMENTS.—The application

25 requirements provided in section 513 of this title shall
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1 apply to grants made under this subpart. In addition, each

2 application must provide the certifications required by

3 subsection (d) including documentation from nonprofit

4 nongovernmental victim services programs showing their

5 participation in developing the plan required by subsection

6 (d)(2). Applications shall—

7 ‘‘(1) include documentation from the prosecu8 tion, law enforcement, and victim services programs

9 to be assisted showing—

10 ‘‘(A) need for the grant funds;

11 ‘‘(B) intended use of the grant funds;

12 ‘‘(C) expected results from the use of grant

13 funds; and

14 ‘‘(D) demographic characteristics of the

15 population to be served, including age, marital

16 status, disability, race, ethnicity, and language

17 background; and

18 ‘‘(2) proof of compliance with the requirements

19 for the payment of forensic medical exams provided

20 in section 162 of this title.

21 ‘‘(f) DISBURSEMENT.—

22 ‘‘(1) No later than 60 days after the receipt of

23 an application under this subpart, the Director shall

24 either disburse the appropriate sums provided for

25 under this subpart or shall inform the applicant why
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1 the application does not conform to the terms of sec2 tion 513 of this title or to the requirements of this

3 section.

4 ‘‘(2) In disbursing monies under this subpart,

5 the Director shall issue regulations to ensure that

6 grantees—

7 ‘‘(A) equitably distribute funds on a geo8 graphic basis;

9 ‘‘(B) determine the amount of subgrants

10 based on the population to be served;

11 ‘‘(C) give priority to areas with the great12 est showing of need; and

13 ‘‘(D) recognize and address the needs of

14 underserved populations.

15 ‘‘(g) GRANTEE REPORTING.—(1) Upon completion of

16 the grant period under this subpart, the grantee shall file

17 a performance report with the Director explaining the ac18 tivities carried out together with an assessment of the ef19 fectiveness of those activities in achieving the purposes of

20 this part.

21 ‘‘(2) A section of the performance report shall be

22 completed by each grantee or subgrantee performing the

23 services contemplated in the grant application, certifying

24 performance of the services under the grants.
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1 ‘‘(3) The Director shall suspend funding for an ap2 proved application if an applicant fails to submit an an3 nual performance report or if funds are expended for pur4 poses other than those set forth under this subpart. Fed5 eral funds may be used to supplement, not supplant, State

6 funds.

7 ‘‘Subpart 2—Other Grants to States To Combat

8 Violent Crimes Against Women

9 ‘‘SEC. 1621. GENERAL GRANTS TO STATES.

10 ‘‘(a) GENERAL GRANTS.—The Director may make

11 grants to States, for use by States, units of local govern12 ment in the States, and nonprofit nongovernmental victim

13 services programs in the States, for the purposes outlined

14 in section 1601(b), and to reduce the rate of violent crimes

15 against women.

16 ‘‘(b) AMOUNTS.—From amounts appropriated, the

17 amount of grants under subsection (a) shall be—

18 ‘‘(1) $500,000 to each State; and

19 ‘‘(2) that portion of the then remaining avail20 able money to each State that results from a dis21 tribution among the States on the basis of each

22 State’s population in relation to the population of all

23 States.
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1 ‘‘(c) QUALIFICATION.—Upon satisfying the terms of

2 subsection (d), any State shall be qualified for funds pro3 vided under this part upon certification that—

4 ‘‘(1) the funds shall be used to reduce the rate

5 of violent crimes against women and for at least 3

6 of the purposes outlined in section 1601(b);

7 ‘‘(2) grantees and subgrantees shall develop a

8 plan for implementation, and otherwise consult and

9 coordinate, with nonprofit nongovernmental victim

10 services programs, including sexual assault and do11 mestic violence victim services programs;

12 ‘‘(3) at least 25 percent of the amount granted

13 shall be allocated, without duplication, to each of the

14 following three areas: prosecution, law enforcement,

15 and victim services.

16 ‘‘(d) APPLICATION REQUIREMENTS.—The applica17 tion requirements provided in section 513 of this title shall

18 apply to grants made under this subpart. In addition, each

19 application shall include the certifications of qualification

20 required by subsection (c) including documentation from

21 nonprofit nongovernmental victim services programs show22 ing their participation in developing the plan required by

23 subsection (c)(2). Applications shall—
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1 ‘‘(1) include documentation from the prosecu2 tion, law enforcement, and victim services programs

3 to be assisted showing—

4 ‘‘(A) need for the grant funds;

5 ‘‘(B) intended use of the grant funds;

6 ‘‘(C) expected results from the use of grant

7 funds; and

8 ‘‘(D) demographic characteristics of the

9 populations to be served, including age, marital

10 status, disability, race, ethnicity and language

11 background; and

12 ‘‘(2) proof of compliance with the requirements

13 for the payment of forensic medical exams provided

14 in section 162 of this title.

15 ‘‘(e) DISBURSEMENT.—(1) No later than 60 days

16 after the receipt of an application under this subpart, the

17 Director shall either disburse the appropriate sums pro18 vided for under this subpart or shall inform the applicant

19 why the application does not conform to the terms of sec20 tion 513 of this title or to the requirements of this section.

21 ‘‘(2) In disbursing monies under this subpart, the Di22 rector shall issue regulations to ensure that States will—

23 ‘‘(A) give priority to areas with the greatest

24 showing of need;
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1 ‘‘(B) determine the amount of subgrants based

2 on the population and geographic area to be served;

3 ‘‘(C) equitably distribute monies on a geo4 graphic basis including nonurban and rural areas,

5 and giving priority to localities with populations

6 under 100,000; and

7 ‘‘(D) recognize and address the needs of under8 served populations.

9 ‘‘(f) GRANTEE REPORTING.—Upon completion of the

10 grant period under this subpart, the State grantee shall

11 file a performance report with the Director explaining the

12 activities carried out together with an assessment of the

13 effectiveness of those activities in achieving the purposes

14 of this subpart. A section of this performance report shall

15 be completed by each grantee and subgrantee that per16 formed the direct services contemplated in the application,

17 certifying performance of direct services under the grant.

18 The Director shall suspend funding for an approved appli19 cation if an applicant fails to submit an annual perform20 ance report or if funds are expended for purposes other

21 than those set forth under this subpart. Federal funds

22 may only be used to supplement, not supplant, State

23 funds.
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1 ‘‘SEC. 1622. GENERAL GRANTS TO TRIBES.

2 ‘‘(a) GENERAL GRANTS.—The Director is authorized

3 to make grants to Indian tribes, for use by tribes, tribal

4 organizations or nonprofit nongovernmental victim serv5 ices programs on Indian reservations, for the purposes

6 outlined in section 1401(b), and to reduce the rate of vio7 lent crimes against women in Indian country.

8 ‘‘(b) AMOUNTS.—From amounts appropriated, the

9 amount of grants under subsection (a) shall be awarded

10 on a competitive basis to tribes, with minimum grants of

11 $35,000 and maximum grants of $300,000.

12 ‘‘(c) QUALIFICATION.—Upon satisfying the terms of

13 subsection (d), any tribe shall be qualified for funds pro14 vided under this part upon certification that—

15 ‘‘(1) the funds shall be used to reduce the rate

16 of violent crimes against women and for at least 3

17 of the purposes outlined in section 1401(b);

18 ‘‘(2) grantees and subgrantees shall develop a

19 plan for implementation, and otherwise consult and

20 coordinate with nonprofit; and

21 ‘‘(3) at least 25 percent of the grant funds shall

22 be allocated to each of the following three areas:

23 prosecution, law enforcement, and victim services.

24 ‘‘(d) APPLICATION REQUIREMENTS.—(1) Applica25 tions shall be made directly to the Director and shall con26 tain a description of the tribes’ law enforcement respon-
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1 sibilities for the Indian country described in the applica2 tion and a description of the tribes’ system of courts, in3 cluding whether the tribal government operates courts of

4 Indian offenses under section 201 of Public Law 90–284

5 (25 U.S.C. 1301) or part 11 of title 25, Code of Federal

6 Regulations.

7 ‘‘(2) Applications shall be in such form as the Direc8 tor may prescribe and shall specify the nature of the pro9 gram proposed by the applicant tribe, the data and infor10 mation on which the program is based, and the extent to

11 which the program plans to use or incorporate existing

12 victim services available in the Indian country where the

13 grant will be used.

14 ‘‘(3) The term of any grant shall be for a minimum

15 of 3 years.

16 ‘‘(e) GRANTEE REPORTING.—At the end of the first

17 12 months of the grant period and at the end of each year

18 thereafter, the Indian tribal grantee shall file a perform19 ance report with the Director explaining the activities car20 ried out together with an assessment of the effectiveness

21 of those activities in achieving the purposes of this sub22 part. A section of this performance report shall be com23 pleted by each grantee or subgrantee that performed the

24 direct services contemplated in the application, certifying

25 performance of direct services under the grant. The Direc-
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1 tor shall suspend funding for an approved application if

2 an applicant fails to submit an annual performance report

3 or if funds are expended for purposes other than those

4 set forth under this subpart. Federal funds may only be

5 used to supplement, not supplant, State funds.

6 ‘‘(f) DEFINITIONS.—(1) The term ‘Indian tribe’

7 means any Indian tribe, band, nation, or other organized

8 group or community, including any Alaska Native village

9 or regional or village corporation (as defined in, or estab10 lished pursuant to, the Alaska Native Claims Settlement

11 Act (43 U.S.C. 1601 et seq.)), which is recognized as eligi12 ble for the special services provided by the United States

13 to Indians because of their status as Indians.

14 ‘‘(2) The term ‘Indian country’ has the meaning stat15 ed in section 1151 of title 18, United States Code.

16 ‘‘Subpart 3—General Terms and Conditions

17 ‘‘SEC. 1631. GENERAL DEFINITIONS.

18 ‘‘As used in this part—

19 ‘‘(1) the term ‘victim services’ means any non20 governmental nonprofit organization that assists vic21 tims, including rape crisis centers, battered women’s

22 shelters, or other rape or domestic violence pro23 grams, including nonprofit nongovernmental organi24 zations assisting victims through the legal process;
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1 ‘‘(2) the term ‘prosecution’ means any public

2 agency charged with direct responsibility for pros3 ecuting criminal offenders, including such agency’s

4 component bureaus (such as governmental victim/

5 witness programs);

6 ‘‘(3) the term ‘law enforcement’ means any

7 public agency charged with policing functions, in8 cluding any of its component bureaus (such as gov9 ernmental victim services programs);

10 ‘‘(4) the term ‘sexual assault’ includes not only

11 assaults committed by offenders who are strangers

12 to the victim but also assaults committed by offend13 ers who are known or related by blood or marriage

14 to the victim;

15 ‘‘(5) the term ‘domestic violence’ includes felony

16 or misdemeanor offenses committed by a current or

17 former spouse of the victim, a person with whom the

18 victim shares a child in common, a person who is co19 habitating with or has cohabitated with the victim as

20 a spouse, a person similarly situated to a spouse of

21 the victim under the domestic or family violence laws

22 of the jurisdiction receiving grant monies, or com23 mitted by any other adult person upon a victim who

24 is protected from that person’s acts under the do-
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1 mestic or family violence laws of the jurisdiction re2 ceiving grant monies; and

3 ‘‘(6) the term ‘underserved populations’ in4 cludes populations underserved because of geo5 graphic location (such as rural isolation), under6 served racial or ethnic populations, and populations

7 underserved because of special needs, such as lan8 guage barriers or physical disabilities.

9 ‘‘SEC. 1632. GENERAL TERMS AND CONDITIONS.

10 ‘‘(a) NONMONETARY ASSISTANCE.—In addition to

11 the assistance provided under subparts 1 or 2, the Direc12 tor may direct any Federal agency, with or without reim13 bursement, to use its authorities and the resources grant14 ed to it under Federal law (including personnel, equip15 ment, supplies, facilities, and managerial, technical, and

16 advisory services) in support of State and local assistance

17 efforts.

18 ‘‘(b) BUREAU REPORTING.—No later than 180 days

19 after the end of each fiscal year for which grants are made

20 under this part, the Director shall submit to the Judiciary

21 Committees of the House and the Senate a report that

22 includes, for each high intensity crime area (as provided

23 in subpart 1) and for each State and for each grantee In24 dian tribe (as provided in subpart 2)—
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1 ‘‘(1) the amount of grants made under this

2 part;

3 ‘‘(2) a summary of the purposes for which those

4 grants were provided and an evaluation of their

5 progress;

6 ‘‘(3) a statistical summary of persons served,

7 detailing the nature of victimization, and providing

8 data on age, sex, relationship of victim to offender,

9 geographic distribution, race, ethnicity, language,

10 and disability; and

11 ‘‘(4) a copy of each grantee report filed pursu12 ant to sections 1612(g), 1621(f), and 1622(c).

13 ‘‘(c) REGULATIONS.—No later than 90 days after the

14 date of enactment of this part, the Director shall publish

15 proposed regulations implementing this part. No later

16 than 120 days after such date, the Director shall publish

17 final regulations implementing this part.

18 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated for each of fiscal years

20 1993, 1994, and 1995, $100,000,000 to carry out subpart

21 1, and $190,000,000 to carry out subpart 2, and

22 $10,000,000 to carry out section 1622 of subpart 2.’’.
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1 Subtitle C—Safety for Women in

2 Public Transit and Public Parks

3 SEC. 131. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE4 VENT CRIME IN PUBLIC TRANSPORTATION.

5 Section 24 of the Urban Mass Transportation Act of

6 1964 (49 U.S.C. App. 1620) is amended to read as fol7 lows:

8 ‘‘GRANTS TO PREVENT CRIME IN PUBLIC

9 TRANSPORTATION

10 ‘‘SEC. 24. (a) GENERAL PURPOSE.—From funds au11 thorized under section 21, not to exceed $10,000,000, the

12 Secretary shall make capital grants for the prevention of

13 crime and to increase security in existing and future public

14 transportation systems. None of the provisions of this Act

15 may be construed to prohibit the financing of projects

16 under this section where law enforcement responsibilities

17 are vested in a local public body other than the grant ap18 plicant.

19 ‘‘(b) GRANTS FOR LIGHTING, CAMERA SURVEIL20 LANCE, AND SECURITY PHONES.—

21 ‘‘(1) From the sums authorized for expenditure

22 under this section for crime prevention, the Sec23 retary is authorized to make grants and loans to

24 States and local public bodies or agencies for the
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1 purpose of increasing the safety of public transpor2 tation by—

3 ‘‘(A) increasing lighting within or adjacent

4 to public transportation systems, including bus

5 stops, subway stations, parking lots, or garages;

6 ‘‘(B) increasing camera surveillance of

7 areas within and adjacent to public transpor8 tation systems, including bus stops, subway sta9 tions, parking lots, or garages;

10 ‘‘(C) providing emergency phone lines to

11 contact law enforcement or security personnel

12 in areas within or adjacent to public transpor13 tation systems, including bus stops, subway sta14 tions, parking lots, or garages; or

15 ‘‘(D) any other project intended to increase

16 the security and safety of existing or planned

17 public transportation systems.

18 ‘‘(2) From the sums authorized under this sec19 tion, at least 75 percent shall be expended on

20 projects of the type described in subsection (b)(1)

21 (A) and (B).

22 ‘‘(c) REPORTING.—All grants under this section are

23 contingent upon the filing of a report with the Secretary

24 and the Department of Justice, Office of Victims of

25 Crime, showing crime rates in or adjacent to public trans-
30

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1 portation before, and for a 1-year period after, the capital

2 improvement. Statistics shall be broken down by type of

3 crime, sex, race, ethnicity, language, and relationship of

4 victim to the offender.

5 ‘‘(d) INCREASED FEDERAL SHARE.—Notwithstand6 ing any other provision of this Act, the Federal share

7 under this section for each capital improvement project

8 which enhances the safety and security of public transpor9 tation systems and which is not required by law (including

10 any other provision of this chapter) shall be 90 percent

11 of the net project cost of such project.

12 ‘‘(e) SPECIAL GRANTS FOR PROJECTS TO STUDY IN13 CREASING SECURITY FOR WOMEN.—From the sums au14 thorized under this section, the Secretary shall provide

15 grants and loans for the purpose of studying ways to re16 duce violent crimes against women in public transit

17 through better design or operation of public transit sys18 tems.

19 ‘‘(f) GENERAL REQUIREMENTS.—All grants or loans

20 provided under this section shall be subject to all the

21 terms, conditions, requirements, and provisions applicable

22 to grants and loans made under section 2(a).’’.
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1 SEC. 132. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE2 VENT CRIME IN NATIONAL PARKS.

3 Public Law 91–383 (commonly known as the Na4 tional Park System Improvements in Administration Act)

5 (16 U.S.C. 1a–1 et seq.) is amended by adding at the end

6 the following new section:

7 ‘‘SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION AS8 SISTANCE.

9 ‘‘(a) From the sums authorized pursuant to section

10 7 of the Land and Water Conservation Act of 1965, not

11 to exceed $10,000,000, the Secretary of the Interior may

12 provide Federal assistance to reduce the incidence of vio13 lent crime in the National Park System.

14 ‘‘(b) The Secretary shall direct the chief official re15 sponsible for law enforcement within the National Park

16 Services to—

17 ‘‘(1) compile a list of areas within the National

18 Park System with the highest rates of violent crime;

19 ‘‘(2) make recommendations concerning capital

20 improvements, and other measures, needed within

21 the National Park System to reduce the rates of vio22 lent crime, including the rate of sexual assault; and

23 ‘‘(3) publish the information required by para24 graphs (1) and (2) in the Federal Register.

25 ‘‘(c) No later than 120 days after the date of enact26 ment of this section, and based on the recommendations
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1 and list issued pursuant to subsection (b), the Secretary

2 shall distribute funds throughout the National Park Serv3 ice. Priority shall be given to those areas with the highest

4 rates of sexual assault.

5 ‘‘(d) Funds provided under this section may be used

6 for the following purposes:

7 ‘‘(1) To increase lighting within or adjacent to

8 public parks and recreation areas.

9 ‘‘(2) To provide emergency phone lines to con10 tact law enforcement or security personnel in areas

11 within or adjacent to public parks and recreation

12 areas.

13 ‘‘(3) To increase security or law enforcement

14 personnel within or adjacent to public parks and

15 recreation areas.

16 ‘‘(4) Any other project intended to increase the

17 security and safety of public parks and recreation

18 areas.’’.

19 SEC. 133. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE20 VENT CRIME IN PUBLIC PARKS.

21 Section 6 of the Land and Water Conservation Fund

22 Act of 1965 (16 U.S.C. 460l–8) is amended by adding

23 at the end the following new subsection:

24 ‘‘(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS

25 TO REDUCE CRIME.—In addition to assistance for plan-
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1 ning projects, and in addition to the projects identified

2 in subsection (e), and from amounts appropriated, the

3 Secretary shall provide financial assistance to the States,

4 not to exceed $15,000,000 in total, for the following types

5 of projects or combinations thereof:

6 ‘‘(1) For the purpose of making capital im7 provements and other measures to increase safety in

8 urban parks and recreation areas, including funds

9 to—

10 ‘‘(A) increase lighting within or adjacent to

11 public parks and recreation areas;

12 ‘‘(B) provide emergency phone lines to con13 tact law enforcement or security personnel in

14 areas within or adjacent to public parks and

15 recreation areas;

16 ‘‘(C) increase security personnel within or

17 adjacent to public parks and recreation areas;

18 and

19 ‘‘(D) any other project intended to increase

20 the security and safety of public parks and

21 recreation areas.

22 ‘‘(2) In addition to the requirements for project

23 approval imposed by this section, eligibility for as24 sistance under this subsection is dependent upon a

25 showing of need. In providing funds under this sub-
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1 section, the Secretary shall give priority to those

2 projects proposed for urban parks and recreation

3 areas with the highest rates of crime and, in particu4 lar, to urban parks and recreation areas with the

5 highest rates of sexual assault.

6 ‘‘(3) Notwithstanding subsection (c), the Sec7 retary may provide 70 percent improvement grants

8 for projects undertaken by any State for the pur9 poses outlined in this subsection. The remaining

10 share of the cost shall be borne by the State.’’.

11 Subtitle D—National Commission

12 on Violence Against Women

13 SEC. 141. ESTABLISHMENT.

14 There is established a commission to be known as the

15 National Commission on Violence Against Women (re16 ferred to as the ‘‘Commission’’).

17 SEC. 142. DUTIES OF COMMISSION.

18 (a) GENERAL PURPOSE OF THE COMMISSION.—The

19 Commission shall carry out activities for the purposes of

20 promoting a national policy on violent crime against

21 women, and for making recommendations for how to re22 duce violent crime against women.

23 (b) FUNCTIONS.—The Commission shall—

24 (1) evaluate the adequacy of, and make rec25 ommendations regarding, current law enforcement
35

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1 efforts at the Federal and State levels to reduce the

2 rate of violent crimes against women;

3 (2) evaluate the adequacy of, and make rec4 ommendations regarding, the responsiveness of State

5 prosecutors and State courts to violent crimes

6 against women;

7 (3) evaluate the adequacy of, and make rec8 ommendations regarding, the adequacy of current

9 education, prevention, and protection services for

10 women victims of violent crime;

11 (4) evaluate the adequacy of, and make rec12 ommendations regarding, the role of the Federal

13 Government in reducing violent crimes against

14 women;

15 (5) evaluate the adequacy of, and make rec16 ommendations regarding, national public awareness

17 and the public dissemination of information essential

18 to the prevention of violent crimes against women;

19 (6) evaluate the adequacy of, and make rec20 ommendations regarding, data collection and govern21 ment statistics on the incidence and prevalence of

22 violent crimes against women;

23 (7) evaluate the adequacy of, and make rec24 ommendations regarding, the adequacy of State and

25 Federal laws on sexual assault and the need for a
36

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1 more uniform statutory response to sex offenses, in2 cluding sexual assaults and other sex offenses com3 mitted by offenders who are known or related by

4 blood or marriage to the victim;

5 (8) evaluate the adequacy of, and make rec6 ommendations regarding, the adequacy of State and

7 Federal laws on domestic violence and the need for

8 a more uniform statutory response to domestic vio9 lence; and

10 (9) evaluate and make recommendations re11 garding the feasibility of maintaining the confiden12 tiality of addresses of domestic violence victims in

13 voting, welfare, licensed public utilities, and other

14 public records.

15 SEC. 143. MEMBERSHIP.

16 (a) NUMBER AND APPOINTMENT.—

17 (1) APPOINTMENT.—The Commission shall be

18 composed of 15 members as follows:

19 (A) Five members shall be appointed by

20 the President—

21 (i) 3 of whom shall be—

22 (I) the Attorney General;

23 (II) the Secretary of Health and

24 Human Services; and
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1 (III) the Director of the Federal

2 Bureau of Investigation,

3 who shall be nonvoting members, except

4 that in the case of a tie vote by the Com5 mission, the Attorney General shall be a

6 voting member;

7 (ii) two of whom shall be selected

8 from the general public on the basis of

9 such individuals being specially qualified to

10 serve on the Commission by reason of their

11 education, training, or experience; and

12 (iii) at least one of whom shall be se13 lected for their experience in providing

14 services to women victims of sexual assault

15 or domestic violence.

16 (B) Five members shall be appointed by

17 the Speaker of the House of Representatives on

18 the joint recommendation of the Majority and

19 Minority Leaders of the House of Representa20 tives.

21 (C) Five members shall be appointed by

22 the President pro tempore of the Senate on the

23 joint recommendation of the Majority and Mi24 nority Leaders of the Senate.
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1 (2) CONGRESSIONAL COMMITTEE REC2 OMMENDATIONS.—In making appointments under

3 subparagraphs (B) and (C) of paragraph (1), the

4 Majority and Minority Leaders of the House of Rep5 resentatives and the Senate shall duly consider the

6 recommendations of the Chairmen and Ranking Mi7 nority Members of committees with jurisdiction over

8 laws contained in title 18 of the United States Code.

9 (3) REQUIREMENTS OF APPOINTMENTS.—The

10 Majority and Minority Leaders of the Senate and

11 the House of Representatives shall—

12 (A) select persons who are specially quali13 fied to serve on the Commission by reason of

14 their experience in State or national efforts to

15 fight violence against women and demonstrate

16 experience in State or national advocacy or

17 service organizations specializing in sexual as18 sault and domestic violence; and

19 (B) engage in consultations for the pur20 pose of ensuring that the expertise of the ten

21 members appointed by the Speaker of the

22 House of Representatives and the President pro

23 tempore of the Senate shall provide as much of

24 a balance as possible and, to the greatest extent

25 possible, include representatives from law en-
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1 forcement, prosecution, judicial administration,

2 legal expertise, public health, social work, victim

3 compensation boards, victim advocacy, and sur4 vivors of violence.

5 (4) TERM OF MEMBERS.—Members of the Com6 mission (other than members appointed under para7 graph (1)(A)(i)) shall serve for the life of the Com8 mission.

9 (5) VACANCY.—A vacancy on the Commission

10 shall be filled in the manner in which the original

11 appointment was made.

12 (b) CHAIRMAN.—Not later than 15 days after the

13 members of the Commission are appointed, such members

14 shall select a Chairman from among the members of the

15 Commission.

16 (c) QUORUM.—Seven members of the Commission

17 shall constitute a quorum, but a lesser number may be

18 authorized by the Commission to conduct hearings.

19 (d) MEETINGS.—The Commission shall hold its first

20 meeting on a date specified by the Chairman, but such

21 date shall not be later than 60 days after the date of the

22 enactment of this Act. After the initial meeting, the Com23 mission shall meet at the call of the Chairman or a major24 ity of its members, but shall meet at least 6 times.
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1 (e) PAY.—Members of the Commission who are offi2 cers or employees or elected officials of a government en3 tity shall receive no additional compensation by reason of

4 their service on the Commission.

5 (f) PER DIEM.—Except as provided in subsection (e),

6 members of the Commission shall be allowed travel and

7 other expenses, including per diem in lieu of subsistence,

8 at rates authorized for employees of agencies under sec9 tions 5702 and 5703 of title 5, United States Code.

10 (g) DEADLINE FOR APPOINTMENT.—Not later than

11 45 days after the date of enactment of this Act, the mem12 bers of the Commission shall be appointed.

13 SEC. 144. REPORTS.

14 (a) IN GENERAL.—Not later than 1 year after the

15 date on which the Commission is fully constituted under

16 section 143, the Commission shall prepare and submit a

17 final report to the President and to congressional commit18 tees that have jurisdiction over legislation addressing vio19 lent crimes against women, including the crimes of domes20 tic and sexual assault.

21 (b) CONTENTS.—The final report submitted under

22 paragraph (1) shall contain a detailed statement of the

23 activities of the Commission and of the findings and con24 clusions of the Commission, including such recommenda-
41

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1 tions for legislation and administrative action as the Com2 mission considers appropriate.

3 SEC. 145. EXECUTIVE DIRECTOR AND STAFF.

4 (a) EXECUTIVE DIRECTOR.—

5 (1) APPOINTMENT.—The Commission shall

6 have an Executive Director who shall be appointed

7 by the Chairman, with the approval of the Commis8 sion, not later than 30 days after the Chairman is

9 selected.

10 (2) COMPENSATION.—The Executive Director

11 shall be compensated at a rate not to exceed the

12 maximum rate of the basic pay payable for a posi13 tion above GS–15 of the General Schedule contained

14 in title 5, United States Code.

15 (b) STAFF.—With the approval of the Commission,

16 the Executive Director may appoint and fix the compensa17 tion of such additional personnel as the Executive Director

18 considers necessary to carry out the duties of the Commis19 sion.

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

21 Executive Director and the additional personnel of the

22 Commission appointed under subsection (b) may be ap23 pointed without regard to the provisions of title 5, United

24 States Code, governing appointments in the competitive

25 service, and may be paid without regard to the provisions
42

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

2 title relating to classification and General Schedule pay

3 rates.

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

5 prescribed by the Commission, the Executive Director may

6 procure temporary or intermittent services under section

7 3109(b) of title 5, United States Code, at rates for individ8 uals not to exceed $200 per day.

9 SEC. 146. POWERS OF COMMISSION.

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

11 subtitle, the Commission may conduct such hearings, sit

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

13 and receive such evidence, as the Commission considers

14 appropriate. The Commission may administer oaths before

15 the Commission.

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

17 Commission may, if authorized by the Commission, take

18 any action that the Commission is authorized to take

19 under this subtitle.

20 (c) ACCESS TO INFORMATION.—The Commission

21 may request directly from any executive department or

22 agency such information as may be necessary to enable

23 the Commission to carry out this subtitle, on the request

24 of the Chairman of the Commission.
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1 (d) MAILS.—The Commission may use the United

2 States mails in the same manner and under the same con3 ditions as other departments and agencies of the United

4 States.

5 SEC. 147. AUTHORIZATION OF APPROPRIATIONS.

6 There is authorized to be appropriated to carry out

7 this subtitle $500,000 for fiscal year 1993.

8 SEC. 148. TERMINATION.

9 The Commission shall cease to exist 30 days after

10 the date on which its final report is submitted under sec11 tion 144. The President may extend the life of the Com12 mission for a period of not to exceed 1 year.

13 Subtitle E—New Evidentiary Rules

14 SEC. 151. SEXUAL HISTORY IN ALL CRIMINAL CASES.

15 The Federal Rules of Evidence are amended by in16 serting after rule 412 the following new rule:

17 ‘‘Rule 412A. Evidence of victim’s past behavior in

18 other criminal cases

19 ‘‘(a) REPUTATION AND OPINION EVIDENCE EX20 CLUDED.—Notwithstanding any other law, in a criminal

21 case, other than a sex offense case governed by rule 412,

22 reputation or opinion evidence of the past sexual behavior

23 of an alleged victim is not admissible.

24 ‘‘(b) ADMISSIBILITY.—Notwithstanding any other

25 law, in a criminal case, other than a sex offense case gov-
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1 erned by rule 412, evidence of an alleged victim’s past sex2 ual behavior (other than reputation and opinion evidence)

3 may be admissible if—

4 ‘‘(1) the evidence is admitted in accordance

5 with the procedures specified in subdivision (c); and

6 ‘‘(2) the probative value of the evidence out7 weighs the danger of unfair prejudice.

8 ‘‘(c) PROCEDURES.—(1) If the defendant intends to

9 offer evidence of specific instances of the alleged victim’s

10 past sexual behavior, the defendant shall make a written

11 motion to offer such evidence not later than 15 days before

12 the date on which the trial in which such evidence is to

13 be offered is scheduled to begin, except that the court may

14 allow the motion to be made at a later date, including dur15 ing trial, if the court determines either that the evidence

16 is newly discovered and could not have been obtained ear17 lier through the exercise of due diligence or that the issue

18 to which such evidence relates has newly arisen in the

19 case. Any motion made under this paragraph shall be

20 served on all other parties and on the alleged victim.

21 ‘‘(2) The motion described in paragraph (1) shall be

22 accompanied by a written offer of proof. If necessary, the

23 court shall order a hearing in chambers to determine if

24 such evidence is admissible. At the hearing, the parties

25 may call witnesses, including the alleged victim and offer
45

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1 relevant evidence. Notwithstanding subdivision (b) of rule

2 104, if the relevancy of the evidence which the defendant

3 seeks to offer in the trial depends upon the fulfillment of

4 a condition of fact, the court, at the hearing in chambers

5 or at a subsequent hearing in chambers scheduled for such

6 purpose, shall accept evidence on the issue of whether such

7 condition of fact is fulfilled and shall determine such issue.

8 ‘‘(3) If the court determines on the basis of the hear9 ing described in paragraph (2), that the evidence the de10 fendant seeks to offer is relevant, not excluded by any

11 other evidentiary rule, and that the probative value of such

12 evidence outweighs the danger of unfair prejudice, such

13 evidence shall be admissible in the trial to the extent an

14 order made by the court specifies the evidence which may

15 be offered and areas with respect to which the alleged vic16 tim may be examined or cross-examined. In its order, the

17 court should consider (A) the chain of reasoning leading

18 to its finding of relevance, and (B) why the probative value

19 of the evidence outweighs the danger of unfair prejudice

20 given the potential of the evidence to humiliate and embar21 rass the alleged victim and to result in unfair or biased

22 jury inferences.’’.
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1 SEC. 152. SEXUAL HISTORY IN CIVIL CASES.

2 The Federal Rules of Evidence, as amended by sec3 tion 151, are amended by adding after rule 412A the fol4 lowing new rule:

5 ‘‘Rule 412B. Evidence of past sexual behavior in civil

6 cases

7 ‘‘(a) REPUTATION AND OPINION EVIDENCE EX8 CLUDED.—Notwithstanding any other law, in a civil case

9 in which a defendant is accused of actionable sexual mis10 conduct, reputation or opinion evidence of the plaintiff’s

11 past sexual behavior is not admissible.

12 ‘‘(b) ADMISSIBLE EVIDENCE.—Notwithstanding any

13 other law, in a civil case in which a defendant is accused

14 of actionable sexual misconduct, evidence of a plaintiff’s

15 past sexual behavior other than reputation or opinion evi16 dence may be admissible if—

17 ‘‘(1) it is admitted in accordance with the pro18 cedures specified in subdivision (c); and

19 ‘‘(2) the probative value of the evidence out20 weighs the danger of unfair prejudice.

21 ‘‘(c) PROCEDURES.—(1) If the defendant intends to

22 offer evidence of specific instances of the plaintiff’s past

23 sexual behavior, the defendant shall make a written mo24 tion to offer such evidence not later than 15 days before

25 the date on which the trial in which such evidence is to

26 be offered is scheduled to begin, except that the court may
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1 allow the motion to be made at a later date, including dur2 ing trial, if the court determines either that the evidence

3 is newly discovered and could not have been obtained ear4 lier through the exercise of due diligence or that the issue

5 to which such evidence relates has newly arisen in the

6 case. Any motion made under this paragraph shall be

7 served on all other parties and on the plaintiff.

8 ‘‘(2) The motion described in paragraph (1) shall be

9 accompanied by a written offer of proof. If necessary, the

10 court shall order a hearing in chambers to determine if

11 such evidence is admissible. At the hearing, the parties

12 may call witnesses, including the plaintiff and offer rel13 evant evidence. Notwithstanding subdivision (b) of rule

14 104, if the relevancy of the evidence that the defendant

15 seeks to offer in the trial depends upon the fulfillment of

16 a condition of fact, the court, at the hearing in chambers

17 or at a subsequent hearing in chambers scheduled for the

18 purpose, shall accept evidence on the issue of whether the

19 condition of fact is fulfilled and shall determine such issue.

20 ‘‘(3) If the court determines on the basis of the hear21 ing described in paragraph (2) that the evidence the de22 fendant seeks to offer is relevant and not excluded by any

23 other evidentiary rule, and that the probative value of the

24 evidence outweighs the danger of unfair prejudice, the evi25 dence shall be admissible in the trial to the extent an order
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1 made by the court specifies evidence that may be offered

2 and areas with respect to which the plaintiff may be exam3 ined or cross-examined. In its order, the court should con4 sider—

5 ‘‘(A) the chain of reasoning leading to its find6 ing of relevance; and

7 ‘‘(B) why the probative value of the evidence

8 outweighs the danger of unfair prejudice given the

9 potential of the evidence to humiliate and embarrass

10 the alleged victim and to result in unfair or biased

11 jury inferences.

12 ‘‘(d) DEFINITIONS.—For purposes of this rule, a case

13 involving a claim of actionable sexual misconduct, includes

14 sexual harassment or sex discrimination claims brought

15 pursuant to title VII of the Civil Rights Act of 1964 (42

16 U.S.C. 2000(e)) and gender bias claims brought pursuant

17 to title III of the Violence Against Women Act of 1993.’’.

18 SEC. 153. AMENDMENTS TO RAPE SHIELD LAW.

19 Rule 412 of the Federal Rules of Evidence is

20 amended—

21 (1) by adding at the end the following new sub22 divisions:

23 ‘‘(e) INTERLOCUTORY APPEAL.—Notwithstanding

24 any other law, any evidentiary rulings made pursuant to
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1 this rule are subject to interlocutory appeal by the govern2 ment or by the alleged victim.

3 ‘‘(f) RULE OF RELEVANCE AND PRIVILEGE.— If the

4 prosecution seeks to offer evidence of prior sexual history,

5 the provisions of this rule may be waived by the alleged

6 victim.’’; and

7 (2) by adding at the end of subdivision (c)(3)

8 the following: ‘‘In its order, the court should con9 sider (A) the chain of reasoning leading to its find10 ing of relevance; and (B) why the probative value of

11 the evidence outweighs the danger of unfair preju12 dice given the potential of the evidence to humiliate

13 and embarrass the alleged victim and to result in

14 unfair or biased jury inferences.’’.

15 SEC. 154. EVIDENCE OF CLOTHING.

16 The Federal Rules of Evidence, as amended by sec17 tion 152, are amended by adding after rule 412B the fol18 lowing new rule:

19 ‘‘Rule 413. Evidence of victim’s clothing as inciting

20 violence

21 ‘‘Notwithstanding any other law, in a criminal case

22 in which a person is accused of an offense under chapter

23 109A of title 18, United States Code, evidence of an al24 leged victim’s clothing is not admissible to show that the

25 alleged victim incited or invited the offense charged.’’.
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1 Subtitle F—Assistance to Victims of

2 Sexual Assault

3 SEC. 161. EDUCATION AND PREVENTION GRANTS TO RE4 DUCE SEXUAL ASSAULTS AGAINST WOMEN.

5 Part A of title XIX of the Public Health and Health

6 Services Act (42 U.S.C. 300w et seq.) is amended by add7 ing at the end the following new section:

8 ‘‘SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION

9 EDUCATION.

10 ‘‘(a) PERMITTED USE.—Notwithstanding section

11 1904(a)(1), amounts transferred by the State for use

12 under this part may be used for rape prevention and edu13 cation programs conducted by rape crisis centers or simi14 lar nongovernmental nonprofit entities, which programs

15 may include—

16 ‘‘(1) educational seminars;

17 ‘‘(2) the operation of hotlines;

18 ‘‘(3) training programs for professionals;

19 ‘‘(4) the preparation of informational materials;

20 and

21 ‘‘(5) other efforts to increase awareness of the

22 facts about, or to help prevent, sexual assault, in23 cluding efforts to increase awareness in underserved

24 racial, ethnic, and language minority communities.
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1 ‘‘(b) TARGETING OF EDUCATION PROGRAMS.—

2 States providing grant monies must ensure that at least

3 25 percent of the monies are devoted to education pro4 grams targeted for middle school, junior high school, and

5 high school students.

6 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to carry out this section

8 $65,000,000 for each of fiscal years 1993, 1994, and

9 1995.

10 ‘‘(d) LIMITATION.—Funds authorized under this sec11 tion may only be used for providing rape prevention and

12 education programs.

13 ‘‘(e) DEFINITION.—For purposes of this section, the

14 term ‘rape prevention and education’ includes education

15 and prevention efforts directed at offenses committed by

16 offenders who are not known to the victim as well as of17 fenders who are known to the victim.

18 ‘‘(f) TERMS.—States shall be allotted funds under

19 this section pursuant to the terms of sections 1902 and

20 1903, and subject to the conditions provided in this sec21 tion and sections 1904 through 1909.’’.

22 SEC. 162. RAPE EXAM PAYMENTS.

23 (a) No State or other grantee is entitled to funds

24 under title I of the Violence Against Women Act of 1993

25 unless the State or other grantee incurs the full cost of
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1 forensic medical exams for victims of sexual assault. A

2 State or other grantee does not incur the full medical cost

3 of forensic medical exams if it chooses to reimburse the

4 victim after the fact unless the reimbursement program

5 waives any minimum loss or deductible requirement, pro6 vides victim reimbursement within a reasonable time (90

7 days), permits applications for reimbursement within one

8 year from the date of the exam, and provides information

9 to all subjects of forensic medical exams about how to ob10 tain reimbursement.

11 (b) Within 90 days after the enactment of this Act,

12 the Director of the Office of Victims of Crime shall pro13 pose regulations to implement this section, detailing quali14 fied programs. Such regulations shall specify the type and

15 form of information to be provided victims, including pro16 visions for multilingual information, where appropriate.

17 SEC. 163. EDUCATION AND PREVENTION GRANTS TO RE18 DUCE SEXUAL ABUSE OF FEMALE RUNAWAY,

19 HOMELESS, AND STREET YOUTH.

20 Part A of the Runaway and Homeless Youth Act (42

21 U.S.C. 5711 et seq.) is amended by—

22 (1) redesignating sections 316 and 317 as sec23 tions 317 and 318, respectively; and

24 (2) inserting after section 315 the following

25 new section:
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1 ‘‘GRANTS FOR PREVENTION OF SEXUAL ABUSE AND

2 EXPLOITATION

3 ‘‘SEC. 315. (a) IN GENERAL.—The Secretary shall

4 make grants under this section to private, nonprofit agen5 cies for street-based outreach and education, including

6 treatment, counseling, and information and referral, for

7 female runaway, homeless, and street youth who have been

8 subjected to or are at risk of being subjected to sexual

9 abuse.

10 ‘‘(b) PRIORITY.—In selecting among applicants for

11 grants under subsection (a), the Secretary shall give prior12 ity to agencies that have experience in providing services

13 to female runaway, homeless, and street youth.

14 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated to carry out this section

16 $10,000,000 for each of fiscal years 1993, 1994, and

17 1995.

18 ‘‘(d) DEFINITIONS.—For the purposes of this sec19 tion—

20 ‘‘(1) the term ‘street-based outreach and edu21 cation’ includes education and prevention efforts di22 rected at offenses committed by offenders who are

23 not known to the victim as well as offenders who are

24 known to the victim; and
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1 ‘‘(2) the term ‘street youth’ means a female less

2 than 21 years old who spends a significant amount

3 of time on the street or in other areas of exposure

4 to encounters that may lead to sexual abuse.’’.

5 SEC. 164. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

6 Rule 32 of the Federal Rules of Criminal Procedure

7 is amended—

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

9 (a)(1)(B);

10 (2) by striking the period at the end of subdivi11 sion (a)(1)(C) and inserting ‘‘; and’’;

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

13 following new subdivision:

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

15 of violence or sexual abuse, address the victim per16 sonally if the victim is present at the sentencing

17 hearing and determine if the victim wishes to make

18 a statement and to present any information in rela19 tion to the sentence.’’;

20 (4) in the penultimate sentence of subdivision

21 (a)(1), by striking ‘‘equivalent opportunity’’ and in22 serting ‘‘opportunity equivalent to that of the de23 fendant’s counsel’’;
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1 (5) in the last sentence of subdivision (a)(1) by

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

3 the Government.’’; and

4 (6) by adding at the end the following new sub5 division:

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

7 ‘‘(1) the term ‘victim’ means any person against

8 whom an offense for which a sentence is to be im9 posed has been committed, but the right of allocu10 tion under subdivision (a)(1)(D) may be exercised

11 instead by—

12 ‘‘(A) a parent or legal guardian in case the

13 victim is below the age of 18 years or incom14 petent; or

15 ‘‘(B) 1 or more family members or rel16 atives designated by the court in case the victim

17 is deceased or incapacitated,

18 if such person or persons are present at the sentenc19 ing hearing, regardless of whether the victim is

20 present; and

21 ‘‘(2) the term ‘crime of violence or sexual

22 abuse’ means a crime that involved the use or at23 tempted or threatened use of physical force against

24 the person or property of another, or a crime under

25 chapter 109A of title 18, United States Code.’’.
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1 TITLE II—SAFE HOMES FOR

2 WOMEN

3 SEC. 201. SHORT TITLE.

4 This title may be cited as the ‘‘Safe Homes for

5 Women Act of 1993’’.

6 Subtitle A—Family Violence Pre7 vention and Services Act

8 Amendments

9 SEC. 211. GRANTS FOR A NATIONAL DOMESTIC VIOLENCE

10 HOTLINE.

11 The Family Violence Prevention and Services Act (42

12 U.S.C. 10401 et seq.) is amended by adding at the end

13 the following new section:

14 ‘‘SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE

15 GRANTS.

16 ‘‘(a) IN GENERAL.—The Secretary may award grants

17 to 1 or more private, nonprofit entities to provide for the

18 operation of a national, toll-free telephone hotline to pro19 vide information and assistance to victims of domestic vio20 lence.

21 ‘‘(b) ACTIVITIES.—Funds received by an entity under

22 this section shall be utilized to open and operate a na23 tional, toll-free domestic violence hotline. Such funds may

24 be used for activities including—
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1 ‘‘(1) contracting with a carrier for the use of a

2 toll-free telephone line;

3 ‘‘(2) employing, training and supervising per4 sonnel to answer incoming calls and provide counsel5 ing and referral services to callers on a 24-hour-a6 day basis;

7 ‘‘(3) assembling, maintaining, and continually

8 updating a database of information and resources to

9 which callers may be referred throughout the United

10 States; and

11 ‘‘(4) publicizing the hotline to potential users

12 throughout the United States.

13 ‘‘(c) APPLICATION.—A grant, contract or cooperative

14 agreement may not be made or entered into under this

15 section unless an application for such grant, contract or

16 cooperative agreement has been approved by the Sec17 retary. To be approved by the Secretary under this sub18 section an application shall—

19 ‘‘(1) provide such agreements, assurances, and

20 information, be in such form and be submitted in

21 such manner as the Secretary shall prescribe

22 through notice in the Federal Register;

23 ‘‘(2) include a complete description of the appli24 cant’s plan for the operation of a national domestic

25 violence hotline, including descriptions of—
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1 ‘‘(A) the training program for hotline per2 sonnel;

3 ‘‘(B) the hiring criteria for hotline person4 nel;

5 ‘‘(C) the methods for the creation, mainte6 nance and updating of a resource database; and

7 ‘‘(D) a plan for publicizing the availability

8 of the hotline;

9 ‘‘(3) demonstrate that the applicant has nation10 ally recognized expertise in the area of domestic vio11 lence and a record of high quality service to victims

12 of domestic violence; and

13 ‘‘(4) contain such other information as the Sec14 retary may require.

15 ‘‘(d) SPECIAL CONSIDERATIONS.—In considering an

16 application under subsection (c), the Secretary shall also

17 take into account the applicant’s ability to offer multi18 lingual services and services for the hearing impaired.

19 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to carry out this section

21 $500,000 for each of fiscal years 1993, 1994, and 1995.’’.
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1 Subtitle B—Interstate Enforcement

2 SEC. 221. INTERSTATE ENFORCEMENT.

3 (a) IN GENERAL.—Part 1 of title 18, United States

4 Code, is amended by inserting after chapter 110 the fol5 lowing new chapter:

6 ‘‘CHAPTER 110A—VIOLENCE AGAINST

7 SPOUSES

‘‘Sec. 2261. Traveling to commit spousal abuse.

‘‘Sec. 2262. Interstate violation of protection orders.

‘‘Sec. 2263. Interim protections.

‘‘Sec. 2264. Restitution.

‘‘Sec. 2265. Full faith and credit given to protection orders.

‘‘Sec. 2266. Definitions.

8 ‘‘§ 2261. Traveling to commit spousal abuse

9 ‘‘(a) IN GENERAL.—Any person who travels across

10 State lines—

11 ‘‘(1) and who, in the course of or as a result

12 of such travel, commits an act that injures his or

13 her spouse or intimate partner; or

14 ‘‘(2) for the purpose of harassing, intimidating,

15 or injuring a spouse or intimate partner and who, in

16 furtherance of that purpose, commits an act that in17 jures his or her spouse or intimate partner,

18 shall be fined not more than $1,000 or imprisoned for not

19 more than 10 years but not less than 3 months, or both,

20 in addition to any fine or term of imprisonment provided

21 under State law.
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1 ‘‘(b) CAUSING THE CROSSING OF STATE LINES.—

2 Any person who causes a spouse or intimate partner to

3 cross State lines by force, coercion, duress or fraud and,

4 in the course or as a result of that conduct, commits an

5 act that injures his or her spouse or intimate partner shall

6 be punished as provided in subsection (c).

7 ‘‘(c) PENALTIES.—A person who violates this section

8 shall be punished as follows:

9 ‘‘(1) If permanent disfigurement or life-threat10 ening bodily injury results, by imprisonment for not

11 more than 20 years; if serious bodily injury results,

12 by fine under this title or imprisonment for not more

13 than 10 years, or both; if bodily injury results, by

14 fine under this title or imprisonment for not more

15 than 5 years, or both.

16 ‘‘(2) If the offense is committed with intent to

17 commit another felony, by fine under this title or im18 prisonment for not more than 10 years, or both.

19 ‘‘(3) If the offense is committed with a dan20 gerous weapon, with intent to do bodily harm, by

21 fine under this title or imprisonment for not more

22 than 5 years, or both.

23 ‘‘(4) If the offense constitutes sexual abuse, as

24 that conduct is described under chapter 109A of

25 title 18, United States Code (without regard to
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1 whether the offense was committed in the maritime,

2 territorial or prison jurisdiction of the United

3 States) by fine or term of imprisonment as provided

4 for the applicable conduct under chapter 109A.

5 ‘‘(d) CRIMINAL INTENT.—The criminal intent of the

6 offender required to establish an offense under subsection

7 (b) is the general intent to do the acts that result in injury

8 to a spouse or intimate partner and not the specific intent

9 to violate the law of a State.

10 ‘‘(e) NO PRIOR STATE ACTION NECESSARY.—Noth11 ing in this section requires a prior criminal prosecution

12 or conviction or a prior civil protection order issued under

13 State law to initiate Federal prosecution.

14 ‘‘§ 2262. Interstate violation of protection orders

15 ‘‘(a) IN GENERAL.—Any person against whom a valid

16 protection order has been entered who travels across State

17 lines—

18 ‘‘(1) and who, in the course of or as a result

19 of such travel, commits an act that injures his or

20 her spouse or intimate partner in violation of a valid

21 protection order issued by a State; or

22 ‘‘(2) for the purpose of harassing, injuring,

23 finding, contacting, or locating a spouse or intimate

24 partner and who, in furtherance of that purpose,

25 commits an act that injures his or her spouse or in-
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1 timate partner in violation of a valid protection

2 order issued by a State, shall be punished as pro3 vided in subsection (c).

4 ‘‘(b) CAUSING THE CROSSING OF STATE LINES.—

5 Any person who causes a spouse or intimate partner to

6 cross State lines by force, coercion, duress, or fraud, and,

7 in the course or as a result of that conduct, commits an

8 act that injures his or her spouse or intimate partner in

9 violation of a valid protection order issued by a State shall

10 be punished as provided in subsection (c).

11 ‘‘(c) PENALTIES.—A person who violates this section

12 shall be punished as follows:

13 ‘‘(1) If permanent disfigurement or life-threat14 ening bodily injury results, by imprisonment for not

15 more than 20 years; if serious bodily injury results,

16 by fine under this title or imprisonment for not more

17 than 10 years, or both; if bodily injury results, by

18 fine under this title or imprisonment for not more

19 than 5 years, or both.

20 ‘‘(2) If the offense is committed with intent to

21 commit another felony, by fine under this title or im22 prisonment for not more than 10 years, or both.

23 ‘‘(3) If the offense is committed with a dan24 gerous weapon, with intent to do bodily harm, by
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1 fine under this title or imprisonment for not more

2 than 5 years, or both.

3 ‘‘(4) If the offender has previously violated any

4 prior protection order issued against that person for

5 the protection of the same victim, by fine under this

6 title or imprisonment for not more than 5 years and

7 not less than 6 months, or both.

8 ‘‘(5) If the offense constitutes sexual abuse, as

9 that conduct is described under chapter 109A of

10 title 18, United States Code (without regard to

11 whether the conduct was committed in the special

12 maritime, territorial or prison jurisdiction of the

13 United States) by fine or term of imprisonment as

14 provided for the applicable offense under chapter

15 109A.

16 ‘‘(d) CRIMINAL INTENT.—The criminal intent re17 quired to establish the offense provided in subsection (a)

18 is the general intent to do the acts which result in injury

19 to a spouse or intimate partner and not the specific intent

20 to violate a protection order or State law.

21 ‘‘(e) NO PRIOR STATE ACTION NECESSARY.—Noth22 ing in this section requires a prior criminal prosecution

23 or conviction under State law to initiate Federal prosecu24 tion.
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1 ‘‘§ 2263. Interim protections

2 ‘‘(a) IN GENERAL.—In furtherance of the purposes

3 of this chapter, and to protect against abuse of a spouse

4 or intimate partner, any judge or magistrate before whom

5 a criminal case under this chapter is brought, shall have

6 the power to issue temporary orders of protection for the

7 protection of an abused spouse or intimate partner pend8 ing final disposition of the case, upon a showing of a likeli9 hood of danger to the abused spouse or intimate partner.

10 ‘‘(b) LIMITATION ON JURISDICTION.—This section

11 does not confer original jurisdiction in a Federal district

12 court to issue any order of protection in a case of injury

13 to a spouse or intimate partner unless the case—

14 ‘‘(1) has been brought by a Federal prosecutor

15 pursuant to section 2261 or 2262; and

16 ‘‘(2) includes the interstate nexus required

17 under section 2261 or 2262.

18 ‘‘(c) APPLICATION OF STATE LAW.—In issuing a

19 temporary order of protection pursuant to subsection (a),

20 the judge or magistrate shall look to the law of the State

21 where the injury occurred to determine the types of relief

22 that are appropriate.

23 ‘‘§ 2264. Restitution

24 ‘‘(a) IN GENERAL.—In addition to any fine or term

25 of imprisonment provided under this chapter, and notwith-
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1 standing section 3663, the court shall order restitution to

2 the victim of an offense under this chapter.

3 ‘‘(b) SCOPE AND NATURE OF ORDER.—(1) An order

4 of restitution under this section shall direct that—

5 ‘‘(A) the defendant pay to the victim (through

6 the appropriate court mechanism) the full amount of

7 the victim’s losses as determined by the court, pur8 suant to paragraph (2); and

9 ‘‘(B) the United States Attorney enforce the

10 restitution order by all available and reasonable

11 means.

12 ‘‘(2) For purposes of this subsection, the term ‘full

13 amount of the victim’s losses’ includes any costs incurred

14 by the victim for—

15 ‘‘(A) medical services relating to physical, psy16 chiatric, or psychological care;

17 ‘‘(B) physical and occupational therapy or reha18 bilitation;

19 ‘‘(C) lost income;

20 ‘‘(D) attorneys’ fees, plus any costs incurred in

21 obtaining a civil protection order; and

22 ‘‘(E) any other losses suffered by the victim as

23 a proximate result of the offense.
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1 ‘‘(3) A restitution order under this section is manda2 tory. A court may not decline to issue an order under this

3 section because of—

4 ‘‘(A) the economic circumstances of the defend5 ant; or

6 ‘‘(B) the fact that victim has, or is entitled to,

7 receive compensation for his or her injuries from the

8 proceeds of insurance.

9 ‘‘(4)(A) Notwithstanding paragraph (3), the court

10 may take into account the economic circumstances of the

11 defendant in determining the manner in which and the

12 schedule according to which the restitution is to be paid,

13 including—

14 ‘‘(i) the financial resources and other assets of

15 the defendant;

16 ‘‘(ii) projected earnings, earning capacity, and

17 other income of the defendant; and

18 ‘‘(iii) any financial obligations of the offender,

19 including obligations to dependents.

20 ‘‘(B) An order under this section may direct the de21 fendant to make a single lump-sum payment, or partial

22 payments at specified intervals. The order shall provide

23 that the defendant’s restitutionary obligation takes prior24 ity over any criminal fine ordered.
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1 ‘‘(C) If the victim has recovered for any amount of

2 loss through the proceeds of insurance or any other

3 source, the order of restitution shall provide that restitu4 tion be paid to the person who provided the compensation,

5 but that restitution shall be paid to the victim for the vic6 tim’s other losses before any restitution is paid to any

7 other provider of compensation.

8 ‘‘(5) Any amount paid to a victim under this section

9 shall be set off against any amount later recovered as com10 pensatory damages by the victim from the defendant in—

11 ‘‘(A) any Federal civil proceeding; and

12 ‘‘(B) any State civil proceeding, to the extent

13 provided by the law of the State.

14 ‘‘(c) PROOF OF CLAIM.—(1) Within 60 days after

15 conviction and, in any event, no later than 10 days prior

16 to sentencing, the United States Attorney (or the United

17 States Attorney’s delegee), after consulting with the vic18 tim, shall prepare and file an affidavit with the court list19 ing the amounts subject to restitution under this section.

20 The affidavit shall be signed by the United States Attor21 ney (or the United States Attorney’s delegee) and the vic22 tim. Should the victim object to any of the information

23 included in the affidavit, the United States Attorney (or

24 the United States Attorney’s delegee) shall advise the vic25 tim that the victim may file a separate affidavit and shall
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1 provide the victim with an affidavit form which may be

2 used to do so.

3 ‘‘(2) If no objection is raised by the defendant, the

4 amounts attested to in the affidavit filed pursuant to para5 graph (1) shall be entered in the court’s restitution order.

6 If objection is raised, the court may require the victim or

7 the United States Attorney (or the United States Attor8 ney’s delegee) to submit further affidavits or other sup9 porting documents, demonstrating the victim’s losses.

10 ‘‘(3) If the court concludes, after reviewing the sup11 porting documentation and considering the defendant’s

12 objections, that there is a substantial reason for doubting

13 the authenticity or veracity of the records submitted, the

14 court may require additional documentation or hear testi15 mony on those questions. Any records filed, or testimony

16 heard, pursuant to this subsection, shall be in camera in

17 the judge’s chambers.

18 ‘‘(4) If the victim’s losses are not ascertainable 10

19 days prior to sentencing as provided in subsection (c)(1),

20 the United States Attorney (or the United States Attor21 ney’s delegee) shall so inform the court, and the court

22 shall set a date for the final determination of the victim’s

23 losses, not to exceed 90 days after sentencing. If the victim

24 subsequently discovers further losses, the victim shall have

25 60 days after discovery of those losses in which to petition
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1 the court for an amended restitution order. Such an order

2 may be granted only upon a showing of good cause for

3 the failure to include such losses in the initial claim for

4 restitutionary relief.

5 ‘‘(d) RESTITUTION AND CRIMINAL PENALTIES.—An

6 award of restitution to the victim of an offense under this

7 chapter shall not be a substitute for imposition of punish8 ment under sections 2261 and 2262.

9 ‘‘(e) DEFINITIONS.—For purposes of this section, the

10 term ‘victim’ includes the person harmed as a result of

11 a commission of a crime under this chapter, including, in

12 the case of a victim who is under 18 years of age, incom13 petent, incapacitated, or deceased, the legal guardian of

14 the victim or representative of the victim’s estate, another

15 family member, or any other person appointed as suitable

16 by the court, but in no event shall the defendant be named

17 as such a representative or guardian.

18 ‘‘§ 2265. Full faith and credit given to protection or19 ders

20 ‘‘(a) FULL FAITH AND CREDIT.—Any protection

21 order issued consistent with subsection (b) by the court

22 of 1 State (the issuing State) shall be accorded full faith

23 and credit by the court of another State (the enforcing

24 State) and enforced as if it were the order of the enforcing

25 State.
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1 ‘‘(b) PROTECTION ORDER.—(1) A protection order

2 issued by a State court is consistent with this subsection

3 if—

4 ‘‘(A) the court has jurisdiction over the parties

5 and matter under the law of the State; and

6 ‘‘(B) reasonable notice and opportunity to be

7 heard is given to the person against whom the order

8 is sought sufficient to protect that person’s right to

9 due process.

10 ‘‘(2) In the case of an order under paragraph (1) that

11 is issued ex parte, notice and opportunity to be heard shall

12 be provided within the time required by State law, and

13 in any event within a reasonable time after the order is

14 issued, sufficient to protect the respondent’s due process

15 rights.

16 ‘‘(c) CROSS- OR COUNTER-PETITION.—A protection

17 order issued by a State court against one who has peti18 tioned, filed a complaint, or otherwise filed a written

19 pleading for protection against abuse by a spouse or inti20 mate partner is not entitled to full faith and credit if—

21 ‘‘(1) no cross- or counter-petition, complaint, or

22 other written pleading was filed seeking such a pro23 tection order; or
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1 ‘‘(2) if a cross- or counter-petition has been

2 filed, if the court did not make specific findings that

3 each party was entitled to such an order.

4 ‘‘§ 2266. Definitions

5 ‘‘As used in this chapter—

6 ‘‘(1) the term ‘spouse or intimate partner’ in7 cludes—

8 ‘‘(A) a present or former spouse, a person

9 who shares a child in common with an abuser,

10 and a person who cohabits or has cohabited

11 with an abuser as a spouse; and

12 ‘‘(B) any other person similarly situated to

13 a spouse who is protected by the domestic or

14 family violence laws of the State in which the

15 injury occurred or where the victim resides, or

16 any other adult person who is protected from

17 an abuser’s acts under the domestic or family

18 violence laws of the State in which the injury

19 occurred or where the victim resides;

20 ‘‘(2) the term ‘protection order’ includes an in21 junction or other order issued for the purpose of

22 preventing violent or threatening acts by 1 spouse

23 against his or her spouse or intimate partner, in24 cluding a temporary or final order issued by a civil

25 or criminal court (other than a support or child cus-
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1 tody order or provision) whether obtained by filing

2 an independent action or as a pendente lite order in

3 another proceeding, so long as, in the case of a civil

4 order, the order was issued in response to a com5 plaint, petition, or motion filed by or on behalf of an

6 abused spouse or intimate partner;

7 ‘‘(3) the term ‘act that injures’ includes any

8 act, except one done in self-defense, that results in

9 physical injury or sexual abuse;

10 ‘‘(4) the term ‘State’ includes a State of the

11 United States, the District of Columbia, and any In12 dian tribe, commonwealth, territory, or possession of

13 the United States; and

14 ‘‘(5) the term ‘travel across State lines’ includes

15 any travel except travel across State lines by an In16 dian tribal member when that member remained at

17 all times on tribal lands.’’.

18 (b) TECHNICAL AMENDMENT.—The part analysis for

19 part 1 of title 18, United States Code, is amended by in20 serting after the item for chapter 110 the following new

21 item:

‘‘110A. Violence against spouses .................................................. 2261.’’.
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1 Subtitle C—Arrest in Spousal

2 Abuse Cases

3 SEC. 231. ENCOURAGING ARREST POLICIES.

4 The Family Violence Prevention and Services Act (42

5 U.S.C. 10401 et seq.), as amended by section 211, is

6 amended by adding at the end the following new section:

7 ‘‘SEC. 317. ENCOURAGING ARREST POLICIES.

8 ‘‘(a) PURPOSE.—To encourage States, Indian tribes

9 and localities to treat spousal violence as a serious viola10 tion of criminal law, the Secretary may make grants to

11 eligible States, Indian tribes, municipalities, or local gov12 ernment entities for the following purposes:

13 ‘‘(1) To implement pro-arrest programs and

14 policies in police departments and to improve track15 ing of cases involving spousal abuse.

16 ‘‘(2) To centralize police enforcement, prosecu17 tion, or judicial responsibility for, spousal abuse

18 cases in one group or unit of police officers, prosecu19 tors, or judges.

20 ‘‘(3) To coordinate computer tracking systems

21 to ensure communication between police, prosecu22 tors, and both criminal and family courts.

23 ‘‘(4) To educate judges in criminal and other

24 courts about spousal abuse and to improve judicial

25 handling of such cases.
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1 ‘‘(b) ELIGIBILITY.—(1) Eligible grantees are those

2 States, Indian tribes, municipalities or other local govern3 ment entities that—

4 ‘‘(A) demonstrate, through arrest and convic5 tion statistics, that their laws or policies have been

6 effective in significantly increasing the number of ar7 rests made of spouse abusers;

8 ‘‘(B) certify that their laws or official policies—

9 ‘‘(i) mandate arrest of spouse abusers

10 based on probable cause that violence has been

11 committed; or

12 ‘‘(ii) permit warrantless arrests of spouse

13 abusers, encourage the use of that authority,

14 and mandate arrest of spouses violating the

15 terms of a valid and outstanding protection

16 order;

17 ‘‘(C) demonstrate that their laws, policies, prac18 tices and training programs discourage ‘dual’ arrests

19 of abused and abuser; and

20 ‘‘(D) certify that their laws, policies, and prac21 tices prohibit issuance of mutual protection orders in

22 cases where only one spouse has sought a protection

23 order, and require findings of mutual aggression to

24 issue mutual protection orders in cases where both

25 parties file a claim.
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1 ‘‘(2) For purposes of this section—

2 ‘‘(A) the term ‘protection order’ includes any

3 injunction issued for the purpose of preventing vio4 lent or threatening acts of spouse abuse, including

5 a temporary or final order issued by civil or criminal

6 courts (other than support or child custody orders or

7 provisions) whether obtained by filing an independ8 ent action or as a pendente lite order in another pro9 ceeding; and

10 ‘‘(B) the term ‘spousal or spouse abuse’ in11 cludes a felony or misdemeanor offense committed

12 by a current or former spouse of the victim, a per13 son with whom the victim shares a child in common,

14 a person who is cohabiting with or has cohabited

15 with the victim as a spouse, a person similarly situ16 ated to a spouse of the victim under the domestic or

17 family violence laws of the jurisdiction receiving

18 grant monies, or committed by any other adult per19 son upon a victim who is protected from that per20 son’s acts under the domestic or family violence laws

21 of the jurisdiction receiving grant monies.

22 ‘‘(3) The eligibility requirements provided in this sec23 tion shall take effect on the date that is 1 year after the

24 date of enactment of this section.
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1 ‘‘(c) DELEGATION AND AUTHORIZATION.—The Sec2 retary shall delegate to the Attorney General of the United

3 States the Secretary’s responsibilities for carrying out this

4 section. There are authorized to be appropriated not in

5 excess of $25,000,000 for each fiscal year to be used for

6 the purpose of making grants under this section.

7 ‘‘(d) APPLICATION.—An eligible grantee shall submit

8 an application to the Secretary. Such an application

9 shall—

10 ‘‘(1) contain a certification by the chief execu11 tive officer of the State, Indian tribe, municipality,

12 or local government entity that the conditions of

13 subsection (b) are met;

14 ‘‘(2) describe the entity’s plans to further the

15 purposes listed in subsection (a);

16 ‘‘(3) identify the agency or office or groups of

17 agencies or offices responsible for carrying out the

18 program; and

19 ‘‘(4) identify and include documentation show20 ing the nonprofit nongovernmental victim services

21 programs that will be consulted in developing, and

22 implementing, the program.

23 ‘‘(e) PRIORITY.—In awarding grants under this sec24 tion, the Secretary shall give priority to a grantee that—
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1 ‘‘(1) does not currently provide for centralized

2 handling of cases involving spousal or family violence

3 in any one of the areas listed in this subsection—

4 police, prosecutors, and courts; and

5 ‘‘(2) demonstrates a commitment to strong en6 forcement of laws, and prosecution of cases, involv7 ing spousal or family violence.

8 ‘‘(f) REPORTING.—Each grantee receiving funds

9 under this section shall submit a report to the Secretary

10 evaluating the effectiveness of the plan described in sub11 section (d)(2) and containing such additional information

12 as the Secretary may prescribe.

13 ‘‘(g) REGULATIONS.—No later than 45 days after the

14 date of enactment of this section, the Secretary shall pub15 lish proposed regulations implementing this section. No

16 later than 120 days after such date, the Secretary shall

17 publish final regulations implementing this section.’’.

18 Subtitle D—Funding for Shelters

19 SEC. 241. AUTHORIZATION OF APPROPRIATIONS.

20 Section 310(a) of the Family Violence Prevention and

21 Services Act (42 U.S.C. 10409(a)) is amended to read as

22 follows:

23 ‘‘(a) IN GENERAL.—There are authorized to be ap24 propriated to carry out this title $85,000,000 for fiscal
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1 year 1993, $100,000,000 for fiscal year 1994, and

2 $125,000,000 for fiscal year 1995.’’.

3 Subtitle E—Family Violence Pre4 vention and Services Act

5 Amendments

6 SEC. 251. GRANTEE REPORTING.

7 (a) SUBMISSION OF APPLICATION.—Section

8 303(a)(2)(C) of the Family Violence Prevention and Serv9 ices Act (42 U.S.C. 10402(a)(2)(C)) is amended by insert10 ing ‘‘and a plan to address the needs of underserved popu11 lations, including populations underserved because of eth12 nic, racial, cultural, language diversity or geographic isola13 tion’’ after ‘‘such State’’.

14 (b) APPROVAL OF APPLICATION.—Section 303(a) of

15 the Family Violence Prevention and Services Act (42

16 U.S.C. 10402(a)) is amended by adding at the end the

17 following new paragraph:

18 ‘‘(4) Upon completion of the activities funded

19 by a grant under this subpart, the State grantee

20 shall file a performance report with the Director ex21 plaining the activities carried out together with an

22 assessment of the effectiveness of those activities in

23 achieving the purposes of this subpart. A section of

24 this performance report shall be completed by each

25 grantee or subgrantee that performed the direct
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1 services contemplated in the application certifying

2 performance of direct services under the grant. The

3 Director shall suspend funding for an approved ap4 plication if an applicant fails to submit an annual

5 performance report or if the funds are expended for

6 purposes other than those set forth under this sub7 part, after following the procedures set forth in

8 paragraph (3). Federal funds may be used only to

9 supplement, not supplant, State funds.’’.

10 Subtitle F—Youth Education and

11 Domestic Violence

12 SEC. 261. EDUCATING YOUTH ABOUT DOMESTIC VIOLENCE.

13 The Family Violence Prevention and Services Act (42

14 U.S.C. 10401 et seq.) as amended by section 231, is

15 amended by adding at the end the following new section:

16 ‘‘SEC. 318. EDUCATING YOUTH ABOUT DOMESTIC VIO17 LENCE.

18 ‘‘(a) GENERAL PURPOSE.—For purposes of this sec19 tion, the Secretary shall delegate the Secretary’s powers

20 to the Secretary of Education (hereafter in this section

21 referred to as the ‘‘Secretary’’). The Secretary shall select,

22 implement and evaluate 4 model programs for education

23 of young people about domestic violence and violence

24 among intimate partners.
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1 ‘‘(b) NATURE OF PROGRAM.—The Secretary shall se2 lect, implement and evaluate separate model programs for

3 4 different audiences: primary schools, middle schools, sec4 ondary schools, and institutions of higher education. The

5 model programs shall be selected, implemented, and evalu6 ated in the light of the comments of educational experts,

7 legal and psychological experts on battering, and victim

8 advocate organizations such as battered women’s shelters,

9 State coalitions and resource centers. The participation of

10 each of those groups or individual consultants from such

11 groups is essential to the selection, implementation, and

12 evaluation of programs that meet both the needs of edu13 cational institutions and the needs of the domestic violence

14 problem.

15 ‘‘(c) REVIEW AND DISSEMINATION.—Not later than

16 2 years after the date of enactment of this section, the

17 Secretary shall transmit the design and evaluation of the

18 model programs, along with a plan and cost estimate for

19 nationwide distribution, to the relevant committees of

20 Congress for review.

21 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

22 is authorized to be appropriated to carry out this section

23 $400,000 for fiscal year 1993.’’.
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1 Subtitle G—Confidentiality for

2 Abused Persons

3 SEC. 271. CONFIDENTIALITY OF ABUSED PERSON’S AD4 DRESS.

5 Not later than 90 days after enactment of this Act,

6 the United States Postal Service shall promulgate regula7 tions to secure the confidentiality of domestic violence

8 shelters and abused persons’ addresses consistent with the

9 following guidelines:

10 (1) Confidentiality shall be provided to a person

11 upon the presentation to an appropriate postal offi12 cial of a valid court order or a police report docu13 menting abuse.

14 (2) Confidentiality shall be provided to any do15 mestic violence shelter upon presentation to an ap16 propriate postal authority of proof from a State do17 mestic violence coalition (within the meaning of sec18 tion 311 of the Family Violence Prevention and

19 Services Act (42 U.S.C. 10410)) verifying that the

20 organization is a domestic violence shelter.

21 (3) Disclosure of addresses to State or Federal

22 agencies for legitimate law enforcement or other gov23 ernmental purposes shall not be prohibited.

24 (4) Compilations of addresses existing at the

25 time the order is presented to an appropriate postal
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1 official shall be excluded from the scope of the pro2 posed regulations.

3 Subtitle H—Technical Amendments

4 SEC. 281. STATE DOMESTIC VIOLENCE COALITIONS.

5 Section 311(a) of the Family Violence Prevention and

6 Services Act (42 U.S.C. 10410(a)) is amended—

7 (1) by redesignating paragraphs (1), (2), (3),

8 and (4) as paragraphs (2), (3), (4), and (5);

9 (2) by inserting before paragraph (2), as redes10 ignated by paragraph (1), the following new para11 graph:

12 ‘‘(1) working with local domestic violence pro13 grams and providers of direct services to encourage

14 appropriate responses to domestic violence within

15 the State, including—

16 ‘‘(A) training and technical assistance for

17 local programs and professionals working with

18 victims of domestic violence;

19 ‘‘(B) planning and conducting State needs

20 assessments and planning for comprehensive

21 services;

22 ‘‘(C) serving as an information clearing23 house and resource center for the State; and

24 ‘‘(D) collaborating with other governmental

25 systems which affect battered women;’’
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1 (3) in paragraph (2)(K), as redesignated by

2 paragraph (1), by striking ‘‘and court officials and

3 other professionals’’ and inserting ‘‘, judges, court

4 officers and other criminal justice professionals,’’;

5 (4) in paragraph (3), as redesignated by para6 graph (1)—

7 (A) by inserting ‘‘, criminal court judges,’’

8 after ‘‘family law judges,’’ each place it ap9 pears;

10 (B) in subparagraph (F), by inserting

11 ‘‘custody’’ after ‘‘temporary’’; and

12 (C) in subparagraph (H), by striking ‘‘su13 pervised visitations that do not endanger vic14 tims and their children,’’ and inserting ‘‘super15 vised visitations or denial of visitation to pro16 tect against danger to victims or their chil17 dren’’; and

18 (5) in paragraph (4), as redesignated by para19 graph (1), by inserting ‘‘, including information

20 aimed at underserved racial, ethnic or language-mi21 nority populations’’ before the semicolon.

22 Subtitle I—Data and Research

23 SEC. 291. REPORT ON RECORDKEEPING.

24 (a) STUDY.—Not later than 180 days after the date

25 of enactment of this Act, the Government Accounting Of-
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1 fice shall complete a study of, and shall submit to Con2 gress, a report on the progress of the Department of Jus3 tice in collecting statistics showing the relationship be4 tween an offender and victim for all reported Federal

5 crimes, including the crimes of rape, kidnapping, assault,

6 aggravated assault, and robbery.

7 (b) REPORT TO CONGRESS.—No later than 180 days

8 after the date of enactment of this Act, the study required

9 under subsection (a) shall be completed and a report de10 scribing the findings made submitted to the Committee

11 on the Judiciary of the House of Representatives, the

12 Committee on the Judiciary of the Senate, and the Na13 tional Commission on Violence Against Women.

14 SEC. 292. RESEARCH AGENDA.

15 (a) REQUEST FOR CONTRACT.—The Director of the

16 National Institute of Justice shall request the National

17 Academy of Sciences, through its National Research

18 Council, to enter into a contract to develop a research

19 agenda to increase the understanding and control of vio20 lence against women, including rape and domestic vio21 lence. In furtherance of the contract, the National Acad22 emy shall convene a panel of nationally recognized experts

23 on violence against women, in the fields of law, medicine,

24 criminal justice and the social sciences. In setting the

25 agenda, the Academy shall focus primarily upon preven-
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1 tive, educative, social, and legal strategies. Nothing in this

2 section shall be construed to invoke the terms of the Fed3 eral Advisory Committee Act.

4 (b) DECLINATION OF REQUEST.—If the National

5 Academy of Sciences declines to conduct the study and

6 develop a research agenda, it shall recommend a nonprofit

7 private entity that is qualified to conduct such a study.

8 In that case, the Director of the National Institute of Jus9 tice shall carry out subsection (a) through the nonprofit

10 private entity recommended by the Academy. In either

11 case, whether the study is conducted by the National

12 Academy of Sciences or by the nonprofit group it rec13 ommends, the funds for the contract shall be made avail14 able from sums appropriated for the conduct of research

15 by the National Institute of Justice.

16 (c) REPORT.—The Director of the National Institute

17 of Justice shall ensure that no later than 9 months after

18 the date of enactment of this Act, the study required

19 under subsection (a) is completed and a report describing

20 the findings made is submitted to the Committee on the

21 Judiciary of the House of Representatives, the Committee

22 on the Judiciary of the Senate, and the National Commis23 sion on Violence Against Women.
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1 SEC. 293. STATE DATABASES.

2 (a) IN GENERAL.—The National Institute of Justice,

3 in conjunction with the Bureau of Justice Statistics, shall

4 study and report to the States and to Congress on how

5 the States may collect centralized databases on the inci6 dence of domestic violence offenses within a State.

7 (b) CONSULTATION.—In conducting its study, the

8 National Institute of Justice shall consult persons expert

9 in the collection of criminal justice data, State statistical

10 administrators, law enforcement personnel, and nonprofit

11 nongovernmental agencies that provide direct services to

12 victims of domestic violence. The Institute’s final report

13 shall set forth the views of the persons consulted on the

14 Institute’s recommendations.

15 (c) REPORT.—The Director of the National Institute

16 of Justice shall ensure that no later than 9 months after

17 the date of enactment of this Act, the study required

18 under subsection (a) is completed and a report describing

19 the findings made is submitted to the Committee on the

20 Judiciary of the House of Representatives and the Com21 mittee on the Judiciary of the Senate.

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized such sums as are necessary to carry out

24 this section.
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1 SEC. 294. NUMBER AND COST OF INJURIES.

2 (a) STUDY.—The Secretary of Health and Human

3 Services, acting through the Centers for Disease Control

4 Injury Control Division, shall conduct a study to obtain

5 a national projection of the incidence of injuries resulting

6 from domestic violence, the cost of injuries to health care

7 facilities, and recommend health care strategies for reduc8 ing the incidence and cost of such injuries.

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $100,000 for fiscal year 1993.

12 TITLE III—CIVIL RIGHTS

13 SEC. 301. SHORT TITLE.

14 This title may be cited as the ‘‘Civil Rights Remedies

15 for Gender-Motivated Violence Act’’.

16 SEC. 302. CIVIL RIGHTS.

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

18 (1) crimes motivated by the victim’s gender

19 constitute bias crimes in violation of the victim’s

20 right to be free from discrimination on the basis of

21 gender;

22 (2) current law provides a civil rights remedy

23 for gender crimes committed in the workplace, but

24 not for gender crimes committed on the street or in

25 the home;
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1 (3) State and Federal criminal laws do not ade2 quately protect against the bias element of gender3 motivated crimes, which separates these crimes from

4 acts of random violence, nor do those laws ade5 quately provide victims of gender-motivated crimes

6 the opportunity to vindicate their interests;

7 (4) existing bias and discrimination in the

8 criminal justice system often deprives victims of gen9 der-motivated crimes of equal protection of the laws

10 and the redress to which they are entitled;

11 (5) gender-motivated violence has a substantial

12 adverse effect on interstate commerce, by deterring

13 potential victims from traveling interstate, from en14 gaging in employment in interstate business, and

15 from transacting with business, and in places in16 volved, in interstate commerce;

17 (6) gender-motivated violence has a substantial

18 adverse effect on interstate commerce, by diminish19 ing national productivity, increasing medical and

20 other costs, and decreasing the supply of and the de21 mand for interstate products;

22 (7) a Federal civil rights action as specified in

23 this section is necessary to guarantee equal protec24 tion of the laws and to reduce the substantial ad-
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1 verse effects of gender-motivated violence on inter2 state commerce; and

3 (8) victims of gender-motivated violence have a

4 right to equal protection of the laws, including a sys5 tem of justice that is unaffected by bias or discrimi6 nation and that, at every relevant stage, treats such

7 crimes as seriously as other violent crimes.

8 (b) RIGHT TO BE FREE FROM CRIMES OF VIO9 LENCE.—All persons within the United States shall have

10 the right to be free from crimes of violence motivated by

11 gender (as defined in subsection (d)).

12 (c) CAUSE OF ACTION.—A person (including a person

13 who acts under color of any statute, ordinance, regulation,

14 custom, or usage of any State) who commits a crime of

15 violence motivated by gender and thus deprives another

16 of the right declared in subsection (b) shall be liable to

17 the party injured, in an action for the recovery of compen18 satory and punitive damages, injunctive and declaratory

19 relief, and such other relief as a court may deem appro20 priate.

21 (d) DEFINITIONS.—For purposes of this section—

22 (1) the term ‘‘crime of violence motivated by

23 gender’’ means a crime of violence committed be24 cause of gender or on the basis of gender; and
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1 (2) the term ‘‘crime of violence’’ means an act

2 or series of acts that would come within the meaning

3 of State or Federal offenses described in section 16

4 of title 18, United States Code, whether or not those

5 acts have actually resulted in criminal charges, pros6 ecution, or conviction and whether or not those acts

7 were committed in the special maritime, territorial,

8 or prison jurisdiction of the United States.

9 (e) LIMITATION AND PROCEDURES.—

10 (1) LIMITATION.—Nothing in this section enti11 tles a person to a cause of action under subsection

12 (c) for random acts of violence unrelated to gender

13 or for acts that cannot be demonstrated, by a pre14 ponderance of the evidence, to be motivated by gen15 der (within the meaning of subsection (d)).

16 (2) NO PRIOR CRIMINAL ACTION.—Nothing in

17 this section requires a prior criminal complaint,

18 prosecution, or conviction to establish the elements

19 of a cause of action under subsection (c).

20 SEC. 303. ATTORNEY’S FEES.

21 Section 722 of the Revised Statutes (42 U.S.C. 1988)

22 is amended in the last sentence—

23 (1) by striking ‘‘or’’ after ‘‘Public Law 92–

24 318,’’; and
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1 (2) by inserting ‘‘, or title III of the Violence

2 Against Women Act of 1993,’’ after ‘‘1964’’.

3 SEC. 304. SENSE OF THE SENATE CONCERNING PROTEC4 TION OF THE PRIVACY OF RAPE VICTIMS.

5 (a) FINDINGS AND DECLARATION.—The Congress

6 finds and declares that—

7 (1) there is a need for a strong and clear Fed8 eral response to violence against women, particularly

9 with respect to the crime of rape;

10 (2) rape is an abominable and repugnant crime,

11 and one that is severely underreported to law en12 forcement authorities because of its stigmatizing na13 ture;

14 (3) the victims of rape are often further victim15 ized by a criminal justice system that is insensitive

16 to the trauma caused by the crime and are increas17 ingly victimized by news media that are insensitive

18 to the victim’s emotional and psychological needs;

19 (4) rape victims’ need for privacy should be re20 spected;

21 (5) rape victims need to be encouraged to come

22 forward and report the crime of rape without fear of

23 being revictimized through involuntary public disclo24 sure of their identities;
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1 (6) rape victims need a reasonable expectation

2 that their physical safety will be protected against

3 retaliation or harassment by an assailant;

4 (7) the news media should, in the exercise of

5 their discretion, balance the public’s interest in

6 knowing facts reported by free news media against

7 important privacy interests of a rape victim, and an

8 absolutist view of the public interest leads to insen9 sitivity to a victim’s privacy interest; and

10 (8) the public’s interest in knowing the identity

11 of a rape victim is small compared with the interests

12 of maintaining the privacy of rape victims and en13 couraging rape victims to report and assist in the

14 prosecution of the crime of rape.

15 (b) SENSE OF THE SENATE.—It is the sense of the

16 Senate that news media, law enforcement officers, and

17 other persons should exercise restraint and respect a rape

18 victim’s privacy by not disclosing the victim’s identity to

19 the general public or facilitating such disclosure without

20 the consent of the victim.
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1 TITLE IV—SAFE CAMPUSES FOR

2 WOMEN

3 SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

4 Section 1541(i) of the Higher Education Amend5 ments of 1992 (20 U.S.C. 1145h(i)) is amended to read

6 as follows:

7 ‘‘(i) For the purpose of carrying out this part, there

8 are authorized to be appropriated $20,000,000 for fiscal

9 year 1993 and such sums as are necessary for fiscal years

10 1994, 1995, 1996, and 1997.’’.

11 TITLE V—EQUAL JUSTICE FOR

12 WOMEN IN THE COURTS ACT

13 SECTION 501. SHORT TITLE.

14 This title may be cited as the ‘‘Equal Justice for

15 Women in the Courts Act of 1993’’.

16 Subtitle A—Education and Train17 ing for Judges and Court Per18 sonnel in State Courts

19 SEC. 511. GRANTS AUTHORIZED.

20 The State Justice Institute may award grants for the

21 purpose of developing, testing, presenting, and disseminat22 ing model programs to be used by States in training

23 judges and court personnel in the laws of the States on

24 rape, sexual assault, domestic violence, and other crimes

25 of violence motivated by the victim’s gender.
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1 SEC. 512. TRAINING PROVIDED BY GRANTS.

2 Training provided pursuant to grants made under

3 this subtitle may include current information, existing

4 studies, or current data on—

5 (1) the nature and incidence of rape and sexual

6 assault by strangers and nonstrangers, marital rape,

7 and incest;

8 (2) the underreporting of rape, sexual assault,

9 and child sexual abuse;

10 (3) the physical, psychological, and economic

11 impact of rape and sexual assault on the victim, the

12 costs to society, and the implications for sentencing;

13 (4) the psychology of sex offenders, their high

14 rate of recidivism, and the implications for sentenc15 ing;

16 (5) the historical evolution of laws and attitudes

17 on rape and sexual assault;

18 (6) sex stereotyping of female and male victims

19 of rape and sexual assault, racial stereotyping of

20 rape victims and defendants, and the impact of such

21 stereotypes on credibility of witnesses, sentencing,

22 and other aspects of the administration of justice;

23 (7) application of rape shield laws and other

24 limits on introduction of evidence that may subject

25 victims to improper sex stereotyping and harassment

26 in both rape and nonrape cases, including the need
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1 for sua sponte judicial intervention in inappropriate

2 cross-examination;

3 (8) the use of expert witness testimony on rape

4 trauma syndrome, child sexual abuse accommodation

5 syndrome, post-traumatic stress syndrome, and simi6 lar issues;

7 (9) the legitimate reasons why victims of rape,

8 sexual assault, and incest may refuse to testify

9 against a defendant;

10 (10) the nature and incidence of domestic vio11 lence;

12 (11) the physical, psychological, and economic

13 impact of domestic violence on the victim, the costs

14 to society, and the implications for court procedures

15 and sentencing;

16 (12) the psychology and self-presentation of

17 batterers and victims and the implications for court

18 proceedings and credibility of witnesses;

19 (13) sex stereotyping of female and male vic20 tims of domestic violence, myths about presence or

21 absence of domestic violence in certain racial, ethnic,

22 religious, or socioeconomic groups, and their impact

23 on the administration of justice;

24 (14) historical evolution of laws and attitudes

25 on domestic violence;
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1 (15) proper and improper interpretations of the

2 defenses of self-defense and provocation, and the use

3 of expert witness testimony on battered woman syn4 drome;

5 (16) the likelihood of retaliation, recidivism,

6 and escalation of violence by batterers, and the po7 tential impact of incarceration and other meaningful

8 sanctions for acts of domestic violence including vio9 lations of orders of protection;

10 (17) economic, psychological, social and institu11 tional reasons for victims’ inability to leave the

12 batterer, to report domestic violence or to follow

13 through on complaints, including the influence of

14 lack of support from police, judges, and court per15 sonnel, and the legitimate reasons why victims of do16 mestic violence may refuse to testify against a de17 fendant;

18 (18) the need for orders of protection, and the

19 implications of mutual orders of protection, dual ar20 rest policies, and mediation in domestic violence

21 cases;

22 (19) recognition of and response to gender-mo23 tivated crimes of violence other than rape, sexual as24 sault and domestic violence, such as mass or serial

25 murder motivated by the gender of the victims; and
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1 (20) current information on the impact of por2 nography on crimes against women, or data on other

3 activities that tend to degrade women.

4 SEC. 513. COOPERATION IN DEVELOPING PROGRAMS IN

5 MAKING GRANTS UNDER THIS TITLE.

6 The State Justice Institute shall ensure that model

7 programs carried out pursuant to grants made under this

8 subtitle are developed with the participation of law en9 forcement officials, public and private nonprofit victim ad10 vocates, legal experts, prosecutors, defense attorneys, and

11 recognized experts on gender bias in the courts.

12 SEC. 514. AUTHORIZATION OF APPROPRIATIONS.

13 There is authorized to be appropriated to carry out

14 this subtitle $600,000 for fiscal year 1993. Of amounts

15 appropriated under this section, the State Justice Insti16 tute shall expend no less than 40 percent on model pro17 grams regarding domestic violence and no less than 40

18 percent on model programs regarding rape and sexual as19 sault.
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1 Subtitle B—Education and Train2 ing for Judges and Court Per3 sonnel in Federal Courts

4 SEC. 521. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU5 CATION AND TRAINING GRANTS.

6 (a) STUDY.—In order to gain a better understanding

7 of the nature and the extent of gender bias in the Federal

8 courts, the circuit judicial councils are encouraged to con9 duct studies of the instances, if any, of gender bias in their

10 respective circuits. The studies may include an examina11 tion of the effects of gender on—

12 (1) the treatment of litigants, witnesses, attor13 neys, jurors, and judges in the courts, including be14 fore magistrate and bankruptcy judges;

15 (2) the interpretation and application of the

16 law, both civil and criminal;

17 (3) treatment of defendants in criminal cases;

18 (4) treatment of victims of violent crimes;

19 (5) sentencing;

20 (6) sentencing alternatives, facilities for incar21 ceration, and the nature of supervision of probation

22 and parole;

23 (7) appointments to committees of the Judicial

24 Conference and the courts;
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1 (8) case management and court sponsored al2 ternative dispute resolution programs;

3 (9) the selection, retention, promotion, and

4 treatment of employees;

5 (10) appointment of arbitrators, experts, and

6 special masters; and

7 (11) the aspects of the topics listed in section

8 512 that pertain to issues within the jurisdiction of

9 the Federal courts.

10 (b) CLEARINGHOUSE.—The Judicial Conference of

11 the United States shall designate an entity within the Ju12 dicial branch to act as a clearinghouse to disseminate any

13 reports and materials issued by the gender bias task forces

14 under subsection (a) and to respond to requests for such

15 reports and materials. The gender bias task forces shall

16 provide this entity with their reports and related material.

17 (c) MODEL PROGRAMS.—The Federal Judicial Cen18 ter, in carrying out section 620(b)(3) of title 28, United

19 States Code, may—

20 (1) include in the educational programs it pre21 sents and prepares, including the training programs

22 for newly appointed judges, information on issues re23 lated to gender bias in the courts including such

24 areas as are listed in subsection (a) along with such
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1 other topics as the Federal Judicial Center deems

2 appropriate;

3 (2) prepare materials necessary to implement

4 this subsection; and

5 (3) take into consideration the findings and rec6 ommendations of the studies conducted pursuant to

7 subsection (a), and to consult with individuals and

8 groups with relevant expertise in gender bias issues

9 as it prepares or revises such materials.

10 SEC. 522. AUTHORIZATION OF APPROPRIATIONS.

11 (a) IN GENERAL.—There is authorized to be appro12 priated—

13 (1) $400,000 to the Salaries and Expenses Ac14 count of the Courts of Appeals, District Courts, and

15 other Judicial Services, to carry out section 521(a),

16 to be available until expended through fiscal year

17 1994;

18 (2) $100,000 to the Federal Judicial Center to

19 carry out section 521(c) and any activities des20 ignated by the Judicial Conference under section

21 521(b); and

22 (3) such sums as are necessary to the Adminis23 trative Office of the United States Courts to carry

24 out any activities designated by the Judicial Con25 ference under section 521(b).
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1 (b) THE JUDICIAL CONFERENCE OF THE UNITED

2 STATES.—(1) The Judicial Conference of the United

3 States Courts shall allocate funds to Federal circuit courts

4 under this subtitle that—

5 (A) undertake studies in their own circuits; or

6 (B) implement reforms recommended as a re7 sult of such studies in their own or other circuits,

8 including education and training.

9 (2) Funds shall be allocated to Federal circuits under

10 this subtitle on a first come first serve basis in an amount

11 not to exceed $50,000 on the first application. If within

12 6 months after the date on which funds authorized under

13 this Act become available, funds are still available, circuits

14 that have received funds may reapply for additional funds,

15 with not more than $200,000 going to any one circuit.

16 SECTION 1. SHORT TITLE.

17 This Act may be cited as the ‘‘Violence Against Women

18 Act of 1993’’.

19 SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—SAFE STREETS FOR WOMEN

Sec. 101. Short title.

Subtitle A—Federal Penalties for Sex Crimes

Sec. 111. Repeat offenders.

Sec. 112. Federal penalties.

Sec. 113. Mandatory restitution for sex crimes.

Sec. 114. Authorization for Federal victim’s counselors.
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Subtitle B—Law Enforcement and Prosecution Grants to Reduce Violent

Crimes Against Women

Sec. 121. Grants to combat violent crimes against women.

Subtitle C—Safety for Women in Public Transit and Public Parks

Sec. 131. Grants for capital improvements to prevent crime in public transportation.

Sec. 132. Grants for capital improvements to prevent crime in national parks.

Sec. 133. Grants for capital improvements to prevent crime in public parks.

Subtitle D—Justice Department Task Force on Violence Against Women

Sec. 141. Establishment.

Sec. 142. General purposes of task force.

Sec. 143. Membership.

Sec. 144. Task Force operations.

Sec. 145. Reports.

Sec. 146. Executive director and staff.

Sec. 147. Powers of Task Force.

Sec. 148. Authorization of appropriations.

Sec. 149. Termination.

Subtitle E—New Evidentiary Rules

Sec. 151. Sexual history in all criminal cases.

Sec. 152. Sexual history in civil cases.

Sec. 153. Amendments to rape shield law.

Sec. 154. Evidence of clothing.

Subtitle F—Assistance to Victims of Sexual Assault

Sec. 161. Education and prevention grants to reduce sexual assaults against

women.

Sec. 162. Rape exam payments.

Sec. 163. Education and prevention grants to reduce sexual abuse of female runaway, homeless, and street youth.

Sec. 164. Victim’s right of allocution in sentencing.

TITLE II—SAFE HOMES FOR WOMEN

Sec. 201. Short title.

Subtitle A—Family Violence Prevention and Services Act Amendments

Sec. 211. Grant for a national domestic violence hotline.

Subtitle B—Interstate Enforcement

Sec. 221. Interstate enforcement.

Subtitle C—Arrest in Spousal Abuse Cases

Sec. 231. Encouraging arrest policies.

Subtitle D—Domestic Violence Family Support and Shelter Grants

Sec. 241. Authorization of appropriations.
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Subtitle E—Family Violence Prevention and Services Act Amendments

Sec. 251. Grantee reporting.

Subtitle F—Youth Education and Domestic Violence

Sec. 261. Educating youth about domestic violence.

Subtitle G—Confidentiality for Abused Persons

Sec. 271. Confidentiality of abused person’s address.

Subtitle H—Technical Amendments

Sec. 281. State domestic violence coalitions.

Subtitle I—Data and Research

Sec. 291. Report on recordkeeping.

Sec. 292. Research agenda.

Sec. 293. State databases.

Sec. 294. Number and cost of injuries.

TITLE III—CIVIL RIGHTS

Sec. 301. Short title.

Sec. 302. Civil rights.

Sec. 303. Attorney’s fees.

Sec. 304. Sense of the Senate concerning protection of the privacy of rape victims.

TITLE IV—SAFE CAMPUSES FOR WOMEN

Sec. 401. Authorization of appropriations.

TITLE V—EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT

Sec. 501. Short title.

Subtitle A—Education and Training for Judges and Court Personnel in State

Courts

Sec. 511. Grants authorized.

Sec. 512. Training provided by grants.

Sec. 513. Cooperation in developing programs in making grants under this title.

Sec. 514. Authorization of appropriations.

Subtitle B—Education and Training for Judges and Court Personnel in

Federal Courts

Sec. 521. Authorizations of circuit studies; education and training grants.

Sec. 522. Authorization of appropriations.

TITLE VI—VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS

Sec. 601. Pre-trial detention in sex offense cases.

Sec. 602. Increased penalties for sex offenses against victims below the age of 16.

Sec. 603. Payment of cost of hiv testing for victims in sex offense cases.

Sec. 604. Extension and strengthening of restitution.

Sec. 605. Enforcement of restitution orders through suspension of Federal benefits.
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Sec. 606. Inadmissibility of evidence to show provocation or invitation by victim

in sex offense cases.

Sec. 607. National baseline study on campus sexual assault.

Sec. 608. Report on battered women’s syndrome.

Sec. 609. Report on confidentiality of addresses for victims of domestic violence.

Sec. 610. Report on recordkeeping relating to domestic violence.

Sec. 611. Report on fair treatment in legal proceedings.

Sec. 612. Report on Federal rule of evidence 404.

Sec. 613. Supplementary grants for States adopting effective laws relating to sexual violence.

1 TITLE I—SAFE STREETS FOR

2 WOMEN

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Safe Streets for Women

5 Act of 1993’’.

6 Subtitle A—Federal Penalties for

7 Sex Crimes

8 SEC. 111. REPEAT OFFENDERS.

9 (a) IN GENERAL.—Chapter 109A of title 18, United

10 States Code, is amended by adding at the end the following

11 new section:

12 ‘‘§ 2247. Repeat offenders

13 ‘‘Any person who violates a provision of this chapter,

14 after one or more prior convictions for an offense punishable

15 under this chapter, or after one or more prior convictions

16 under the laws of any State or foreign country relating to

17 aggravated sexual abuse, sexual abuse, or abusive sexual

18 contact have become final, is punishable by a term of im19 prisonment up to twice that otherwise authorized.’’.
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1 (b) RECOMMENDATION BY THE SENTENCING COMMIS2 SION.—The Sentencing Commission shall implement the

3 amendment made by subsection (a) by recommending to the

4 Congress amendments, if appropriate, in the sentencing

5 guidelines applicable to chapter 109A offenses.

6 (c) CHAPTER ANALYSIS.—The chapter analysis for

7 chapter 109A of title 18, United States Code, is amended

8 by adding at the end the following new item:

‘‘2247. Repeat offenders.’’.

9 SEC. 112. FEDERAL PENALTIES.

10 (a) AMENDMENT OF SENTENCING GUIDELINES.—Pur11 suant to its authority under section 994(p) of title 28,

12 United States Code, the United States Sentencing Commis13 sion shall review and amend, where necessary, its sentenc14 ing guidelines on aggravated sexual abuse under section

15 2241 of title 18, United States Code, or sexual abuse under

16 section 2242 of title 18, United States Code, as follows:

17 (1) The Commission shall review and recommend

18 amendments to the guidelines, if appropriate, to en19 hance penalties if more than 1 offender is involved in

20 the offense.

21 (2) The Commission shall review and recommend

22 amendments to the guidelines, if appropriate, to re23 duce unwarranted disparities between the sentences

24 for sex offenders who are known to the victim and
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1 sentences for sex offenders who are not known to the

2 victim.

3 (3) The Commission shall review and recommend

4 amendments to the guidelines to enhance penalties, if

5 appropriate, to render Federal penalties on Federal

6 territory commensurate with penalties for similar of7 fenses in the States.

8 (4) The Commission shall review and recommend

9 amendments to the guidelines, if appropriate, to ac10 count for the general problem of recidivism in cases

11 of sex offenses, the severity of the offense, and its dev12 astating effects on survivors.

13 (b) REPORT.—Not later than 180 days after the date

14 of enactment of this Act, the United States Sentencing Com15 mission shall review and submit to Congress a report con16 taining an analysis of Federal rape sentencing, accom17 panied by comment from independent experts in the field,

18 describing—

19 (1) comparative Federal sentences for cases in

20 which the rape victim is known to the defendant and

21 cases in which the defendant is not known to the de22 fendant;

23 (2) comparative Federal sentences for cases on

24 Federal territory and sentences in surrounding

25 States; and
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1 (3) an analysis of the effect of rape sentences on

2 populations residing primarily on Federal territory

3 relative to the impact of other Federal offenses in

4 which the existence of Federal jurisdiction depends

5 upon the offense’s being committed on Federal terri6 tory.

7 SEC. 113. MANDATORY RESTITUTION FOR SEX CRIMES.

8 (a) SEXUAL ABUSE.—(1) Chapter 109A of title 18,

9 United States Code, is amended by adding at the end there10 of the following:

11 ‘‘§ 2248. Mandatory restitution

12 ‘‘(a) IN GENERAL.—Notwithstanding the terms of sec13 tion 3663 of this title, and in addition to any other civil

14 or criminal penalty authorized by law, the court shall order

15 restitution for any offense under this chapter.

16 ‘‘(b) SCOPE AND NATURE OF ORDER.—(1) The order

17 of restitution under this section shall direct that—

18 ‘‘(A) the defendant pay to the victim (through

19 the appropriate court mechanism) the full amount of

20 the victim’s losses as determined by the court, pursu21 ant to paragraph (2); and

22 ‘‘(B) the United States Attorney enforce the res23 titution order by all available and reasonable means.
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1 ‘‘(2) For purposes of this subsection, the term ‘full

2 amount of the victim’s losses’ includes any costs incurred

3 by the victim for—

4 ‘‘(A) medical services relating to physical, psy5 chiatric, or psychological care;

6 ‘‘(B) physical and occupational therapy or reha7 bilitation;

8 ‘‘(C) necessary transportation, temporary hous9 ing, and child care expenses;

10 ‘‘(D) lost income;

11 ‘‘(E) attorneys’ fees, expert witness and inves12 tigators’ fees, interpretive services, and court costs;

13 and

14 ‘‘(F) any other losses suffered by the victim as a

15 proximate result of the offense.

16 ‘‘(3) Restitution orders under this section are manda17 tory. A court may not decline to issue an order under this

18 section because of—

19 ‘‘(A) the economic circumstances of the defend20 ant; or

21 ‘‘(B) the fact that a victim has, or is entitled to,

22 receive compensation for his or her injuries from the

23 proceeds of insurance or any other source.

24 ‘‘(4)(A) Notwithstanding the terms of paragraph (3),

25 the court may take into account the economic circumstances
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1 of the defendant in determining the manner in which and

2 the schedule according to which the restitution is to be paid.

3 ‘‘(B) For purposes of this paragraph, the term ‘eco4 nomic circumstances’ includes—

5 ‘‘(i) the financial resources and other assets of

6 the defendant;

7 ‘‘(ii) projected earnings, earning capacity, and

8 other income of the defendant; and

9 ‘‘(iii) any financial obligations of the defendant,

10 including obligations to dependents.

11 ‘‘(C) An order under this section may direct the de12 fendant to make a single lump-sum payment or partial

13 payments at specified intervals. The order shall also provide

14 that the defendant’s restitutionary obligation takes priority

15 over any criminal fine ordered.

16 ‘‘(D) In the event that the victim has recovered for any

17 amount of loss through the proceeds of insurance or any

18 other source, the order of restitution shall provide that res19 titution be paid to the person who provided the compensa20 tion, but that restitution shall be paid to the victim for the

21 victim’s other losses before any restitution is paid to any

22 other provider of compensation.

23 ‘‘(5) Any amount paid to a victim under this section

24 shall be set off against any amount later recovered as com25 pensatory damages by the victim from the defendant in—
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1 ‘‘(A) any Federal civil proceeding; and

2 ‘‘(B) any State civil proceeding, to the extent

3 provided by the law of the State.

4 ‘‘(c) PROOF OF CLAIM.—(1) Within 60 days after con5 viction and, in any event, no later than 10 days prior to

6 sentencing, the United States Attorney (or the United States

7 Attorney’s delegee), after consulting with the victim, shall

8 prepare and file an affidavit with the court listing the

9 amounts subject to restitution under this section. The affi10 davit shall be signed by the United States Attorney (or the

11 United States Attorney’s delegee) and the victim. Should

12 the victim object to any of the information included in the

13 affidavit, the United States Attorney (or the United States

14 Attorney’s delegee) shall advise the victim that the victim

15 may file a separate affidavit and shall provide the victim

16 with an affidavit form which may be used to do so.

17 ‘‘(2) If no objection is raised by the defendant, the

18 amounts attested to in the affidavit filed pursuant to sub19 section (1) shall be entered in the court’s restitution order.

20 If objection is raised, the court may require the victim or

21 the United States Attorney (or the United States Attorney’s

22 delegee) to submit further affidavits or other supporting

23 documents, demonstrating the victim’s losses.

24 ‘‘(3) If the court concludes, after reviewing the support25 ing documentation and considering the defendant’s objec-
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1 tions, that there is a substantial reason for doubting the

2 authenticity or veracity of the records submitted, the court

3 may require additional documentation or hear testimony

4 on those questions. Any records filed, or testimony heard,

5 pursuant to this section, shall be in camera in the judge’s

6 chambers.

7 ‘‘(4) In the event that the victim’s losses are not ascer8 tainable 10 days prior to sentencing as provided in sub9 section (c)(1), the United States Attorney (or the United

10 States Attorney’s delegee) shall so inform the court, and the

11 court shall set a date for the final determination of the vic12 tim’s losses, not to exceed 90 days after sentencing. If the

13 victim subsequently discovers further losses, the victim shall

14 have 60 days after discovery of those losses in which to peti15 tion the court for an amended restitution order. Such order

16 may be granted only upon a showing of good cause for the

17 failure to include such losses in the initial claim for

18 restitutionary relief.

19 ‘‘(d) DEFINITIONS.—For purposes of this section, the

20 term ‘victim’ includes the individual harmed as a result

21 of a commission of a crime under this chapter, including,

22 in the case of a victim who is under 18 years of age, incom23 petent, incapacitated, or deceased, the legal guardian of the

24 victim or representative of the victim’s estate, another fam25 ily member, or any other person appointed as suitable by
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1 the court: Provided, That in no event shall the defendant

2 be named as such representative or guardian.’’.

3 (2) TABLE OF SECTIONS.—The table of sections for

4 chapter 109A of title 18, United States Code, is amended

5 by adding at the end thereof the following:

‘‘2248. Mandatory restitution.’’.

6 (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF

7 CHILDREN.—(1) Chapter 110 of title 18, United States

8 Code, is amended by adding at the end thereof the following:

9 ‘‘§ 2259. Mandatory restitution

10 ‘‘(a) IN GENERAL.—Notwithstanding the terms of sec11 tion 3663 of this title, and in addition to any other civil

12 or criminal penalty authorized by law, the court shall order

13 restitution for any offense under this chapter.

14 ‘‘(b) SCOPE AND NATURE OF ORDER.—(1) The order

15 of restitution under this section shall direct that—

16 ‘‘(A) the defendant pay to the victim (through

17 the appropriate court mechanism) the full amount of

18 the victim’s losses as determined by the court, pursu19 ant to paragraph (2); and

20 ‘‘(B) the United States Attorney enforce the res21 titution order by all available and reasonable means.

22 ‘‘(2) For purposes of this subsection, the term ‘full

23 amount of the victim’s losses’ includes any costs incurred

24 by the victim for—
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1 ‘‘(A) medical services relating to physical, psy2 chiatric, or psychological care;

3 ‘‘(B) physical and occupational therapy or reha4 bilitation;

5 ‘‘(C) necessary transportation, temporary hous6 ing, and child care expenses;

7 ‘‘(D) lost income;

8 ‘‘(E) attorneys’ fees, expert witness and inves9 tigators’ fees, interpretive services, and court costs;

10 and

11 ‘‘(F) any other losses suffered by the victim as a

12 proximate result of the offense.

13 ‘‘(3) Restitution orders under this section are manda14 tory. A court may not decline to issue an order under this

15 section because of—

16 ‘‘(A) the economic circumstances of the defend17 ant; or

18 ‘‘(B) the fact that a victim has, or is entitled to,

19 receive compensation for his or her injuries from the

20 proceeds of insurance or any other source.

21 ‘‘(4)(A) Notwithstanding the terms of paragraph (3),

22 the court may take into account the economic circumstances

23 of the defendant in determining the manner in which and

24 the schedule according to which the restitution is to be paid.
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1 ‘‘(B) For purposes of this paragraph, the term ‘eco2 nomic circumstances’ includes—

3 ‘‘(i) the financial resources and other assets of

4 the defendant;

5 ‘‘(ii) projected earnings, earning capacity, and

6 other income of the defendant; and

7 ‘‘(iii) any financial obligations of the defendant,

8 including obligations to dependents.

9 ‘‘(C) An order under this section may direct the de10 fendant to make a single lump-sum payment or partial

11 payments at specified intervals. The order shall also provide

12 that the defendant’s restitutionary obligation takes priority

13 over any criminal fine ordered.

14 ‘‘(D) In the event that the victim has recovered for any

15 amount of loss through the proceeds of insurance or any

16 other source, the order of restitution shall provide that res17 titution be paid to the person who provided the compensa18 tion, but that restitution shall be paid to the victim for the

19 victim’s other losses before any restitution is paid to any

20 other provider of compensation.

21 ‘‘(5) Any amount paid to a victim under this section

22 shall be set off against any amount later recovered as com23 pensatory damages by the victim from the defendant in—

24 ‘‘(A) any Federal civil proceeding; and
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1 ‘‘(B) any State civil proceeding, to the extent

2 provided by the law of the State.

3 ‘‘(c) PROOF OF CLAIM.—(1) Within 60 days after con4 viction and, in any event, no later than 10 days prior to

5 sentencing, the United States Attorney (or the United States

6 Attorney’s delegee), after consulting with the victim, shall

7 prepare and file an affidavit with the court listing the

8 amounts subject to restitution under this section. The affi9 davit shall be signed by the United States Attorney (or the

10 United States Attorney’s delegee) and the victim. Should

11 the victim object to any of the information included in the

12 affidavit, the United States Attorney (or the United States

13 Attorney’s delegee) shall advise the victim that the victim

14 may file a separate affidavit and shall provide the victim

15 with an affidavit form which may be used to do so.

16 ‘‘(2) If no objection is raised by the defendant, the

17 amounts attested to in the affidavit filed pursuant to sub18 section (1) shall be entered in the court’s restitution order.

19 If objection is raised, the court may require the victim or

20 the United States Attorney (or the United States Attorney’s

21 delegee) to submit further affidavits or other supporting

22 documents, demonstrating the victim’s losses.

23 ‘‘(3) If the court concludes, after reviewing the support24 ing documentation and considering the defendant’s objec25 tions, that there is a substantial reason for doubting the
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1 authenticity or veracity of the records submitted, the court

2 may require additional documentation or hear testimony

3 on those questions. Any records filed, or testimony heard,

4 pursuant to this section, shall be in camera in the judge’s

5 chambers.

6 ‘‘(4) In the event that the victim’s losses are not ascer7 tainable 10 days prior to sentencing as provided in sub8 section (c)(1), the United States Attorney (or the United

9 States Attorney’s delegee) shall so inform the court, and the

10 court shall set a date for the final determination of the vic11 tim’s losses, not to exceed 90 days after sentencing. If the

12 victim subsequently discovers further losses, the victim shall

13 have 60 days after discovery of those losses in which to peti14 tion the court for an amended restitution order. Such order

15 may be granted only upon a showing of good cause for the

16 failure to include such losses in the initial claim for

17 restitutionary relief.

18 ‘‘(d) DEFINITIONS.—For purposes of this section, the

19 term ‘victim’ includes the individual harmed as a result

20 of a commission of a crime under this chapter, including,

21 in the case of a victim who is under 18 years of age, incom22 petent, incapacitated, or deceased, the legal guardian of the

23 victim or representative of the victim’s estate, another fam24 ily member, or any other person appointed as suitable by
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1 the court: Provided, That in no event shall the defendant

2 be named as such representative or guardian.’’.

3 (2) The table of sections for chapter 110 of title 18,

4 United States Code, is amended by adding at the end there5 of the following:

‘‘2259. Mandatory restitution.’’.

6 SEC. 114. AUTHORIZATION FOR FEDERAL VICTIM’S COUN7 SELORS.

8 There is authorized to be appropriated for fiscal year

9 1994, $1,500,000 for the United States Attorneys for the

10 purpose of appointing Victim/Witness Counselors for the

11 prosecution of sex crimes and domestic violence crimes

12 where applicable (such as the District of Columbia).

13 Subtitle B—Law Enforcement and

14 Prosecution Grants to Reduce

15 Violent Crimes Against Women

16 SEC. 121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST

17 WOMEN.

18 (a) IN GENERAL.—Title I of the Omnibus Crime Con19 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

20 as amended by section 4 of Public Law 102–521 (106 Stat.

21 3404), is amended by—

22 (1) redesignating part Q as part R;

23 (2) redesignating section 1701 as section 1801;

24 and

25 (3) adding after part P the following new part:
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1 ‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES

2 AGAINST WOMEN

3 ‘‘SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.

4 ‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of

5 this part is to assist States, Indian tribes, cities, and other

6 localities to develop effective law enforcement and prosecu7 tion strategies to combat violent crimes against women and,

8 in particular, to focus efforts on those areas with the highest

9 rates of violent crime against women.

10 ‘‘(b) PURPOSES FOR WHICH GRANTS MAY BE

11 USED.—Grants under this part shall provide additional

12 personnel, training, technical assistance, data collection

13 and other equipment for the more widespread apprehension,

14 prosecution, and adjudication of persons committing vio15 lent crimes against women and specifically, for the purposes

16 of—

17 ‘‘(1) training law enforcement officers and pros18 ecutors to more effectively identify and respond to

19 violent crimes against women, including the crimes of

20 sexual assault and domestic violence;

21 ‘‘(2) developing, training, or expanding units of

22 law enforcement officers and prosecutors specifically

23 targeting violent crimes against women, including the

24 crimes of sexual assault and domestic violence;
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1 ‘‘(3) developing and implementing police and

2 prosecution policies, protocols, or orders specifically

3 devoted to identifying and responding to violent

4 crimes against women, including the crimes of sexual

5 assault and domestic violence;

6 ‘‘(4) developing, installing, or expanding data

7 collection systems, including computerized systems,

8 linking police, prosecutors, and courts or for the pur9 pose of identifying and tracking arrests, prosecutions,

10 and convictions for the crimes of sexual assault and

11 domestic violence; and

12 ‘‘(5) developing, enlarging, or strengthening vic13 tim services programs, including sexual assault and

14 domestic violence programs, to increase reporting and

15 reduce attrition rates for cases involving violent

16 crimes against women, including the crimes of sexual

17 assault and domestic violence.

18 ‘‘Subpart 1—High Intensity Crime Area Grants

19 ‘‘SEC. 1711. HIGH INTENSITY GRANTS.

20 ‘‘(a) IN GENERAL.—The Director of the Bureau of Jus21 tice Assistance (referred to in this part as the ‘Director’)

22 shall make grants to areas of ‘high intensity crime’ against

23 women.

24 ‘‘(b) DEFINITION.—For purposes of this part, ‘high in25 tensity crime area’ means an area with one of the 40 highest
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1 rates of violent crime against women, as determined by the

2 Bureau of Justice Statistics pursuant to section 1712.

3 ‘‘SEC. 1712. HIGH INTENSITY GRANT APPLICATION.

4 ‘‘(a) COMPUTATION.—Within 45 days after the date of

5 enactment of this part, the Bureau of Justice Statistics shall

6 compile a list of the 40 areas with the highest rates of vio7 lent crime against women based on the combined female vic8 timization rate per population for assault, sexual assault

9 (including, but not limited to, rape), murder, robbery, and

10 kidnapping (without regard to the relationship between the

11 crime victim and the offenders).

12 ‘‘(b) USE OF DATA.—In calculating the combined fe13 male victimization rate required by subsection (a), the Bu14 reau of Justice Statistics may rely on—

15 ‘‘(1) existing data collected by States, munici16 palities, Indian reservations or statistical metropoli17 tan areas showing the number of police reports of the

18 crimes listed in subsection (a); and

19 ‘‘(2) existing data collected by the Federal Bu20 reau of Investigation, including data from those gov21 ernmental entities already complying with the Na22 tional Incident Based Reporting System, showing the

23 number of police reports of crimes listed in subsection

24 (a).
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1 ‘‘(c) PUBLICATION.—After compiling the list set forth

2 in subsection (a), the Bureau of Justice Statistics shall con3 vey it to the Director who shall publish it in the Federal

4 Register.

5 ‘‘(d) QUALIFICATION.—Upon satisfying the terms of

6 subsection (e), any high intensity crime area shall be quali7 fied for a grant under this subpart upon application by

8 the chief executive officer of the governmental entities re9 sponsible for law enforcement and prosecution of criminal

10 offenses within the area and certification that—

11 ‘‘(1) the funds shall be used to reduce the rate of

12 violent crimes against women and for at least 3 of the

13 purposes outlined in section 1701(b);

14 ‘‘(2) grantees and subgrantees shall develop a

15 plan for implementation, and otherwise consult and

16 coordinate program grants, with nongovernmental

17 nonprofit victim services programs; and

18 ‘‘(3) at least 25 percent of the amount granted

19 shall be allocated, without duplication, to each of the

20 following three areas: prosecution, law enforcement,

21 and victim services.

22 ‘‘(e) APPLICATION REQUIREMENTS.—The application

23 requirements provided in section 513 of this title shall

24 apply to grants made under this subpart. In addition, each

25 application must provide the certifications required by sub-
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1 section (d) including documentation from nonprofit non2 governmental victim services programs showing their par3 ticipation in developing the plan required by subsection

4 (d)(2). Applications shall—

5 ‘‘(1) include documentation from the prosecution,

6 law enforcement, and victim services programs to be

7 assisted showing—

8 ‘‘(A) need for the grant funds;

9 ‘‘(B) intended use of the grant funds;

10 ‘‘(C) expected results from the use of grant

11 funds; and

12 ‘‘(D) demographic characteristics of the

13 population to be served, including age, marital

14 status, disability, race, ethnicity, and language

15 background; and

16 ‘‘(2) include proof of compliance with the re17 quirements for the payment of forensic medical exams

18 provided in section 162 of this title.

19 ‘‘(f) DISBURSEMENT.—

20 ‘‘(1) No later than 60 days after the receipt of

21 an application under this subpart, the Director shall

22 either disburse the appropriate sums provided for

23 under this subpart or shall inform the applicant why

24 the application does not conform to the terms of sec-
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1 tion 513 of this title or to the requirements of this sec2 tion.

3 ‘‘(2) In disbursing monies under this subpart,

4 the Director shall issue regulations to ensure that

5 grantees—

6 ‘‘(A) equitably distribute funds on a geo7 graphic basis;

8 ‘‘(B) determine the amount of subgrants

9 based on the population to be served;

10 ‘‘(C) give priority to areas with the greatest

11 showing of need; and

12 ‘‘(D) recognize and address the needs of un13 derserved populations.

14 ‘‘(g) GRANTEE REPORTING.—(1) Upon completion of

15 the grant period under this subpart, the grantee shall file

16 a performance report with the Director explaining the ac17 tivities carried out together with an assessment of the effec18 tiveness of those activities in achieving the purposes of this

19 part.

20 ‘‘(2) A section of the performance report shall be com21 pleted by each grantee or subgrantee performing the services

22 contemplated in the grant application, certifying perform23 ance of the services under the grants.

24 ‘‘(3) The Director shall suspend funding for an ap25 proved application if an applicant fails to submit an an-
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1 nual performance report or if funds are expended for pur2 poses other than those set forth under this subpart. Federal

3 funds may be used to supplement, not supplant, State

4 funds.

5 ‘‘Subpart 2—Other Grants to States To Combat

6 Violent Crimes Against Women

7 ‘‘SEC. 1721. GENERAL GRANTS TO STATES.

8 ‘‘(a) GENERAL GRANTS.—The Director may make

9 grants to States, for use by States, units of local government

10 in the States, and nonprofit nongovernmental victim serv11 ices programs in the States, for the purposes outlined in

12 section 1701(b), and to reduce the rate of violent crimes

13 against women.

14 ‘‘(b) AMOUNTS.—From amounts appropriated, the

15 amount of grants under subsection (a) shall be—

16 ‘‘(1) $500,000 to each State; and

17 ‘‘(2) that portion of the then remaining available

18 money to each State that results from a distribution

19 among the States on the basis of each State’s popu20 lation in relation to the population of all States.

21 ‘‘(c) QUALIFICATION.—Upon satisfying the terms of

22 subsection (d), any State shall be qualified for funds pro23 vided under this part upon certification that—
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1 ‘‘(1) the funds shall be used to reduce the rate of

2 violent crimes against women and for at least 3 of the

3 purposes outlined in section 1701(b);

4 ‘‘(2) grantees and subgrantees shall develop a

5 plan for implementation, and otherwise consult and

6 coordinate, with nonprofit nongovernmental victim

7 services programs, including sexual assault and do8 mestic violence victim services programs; and

9 ‘‘(3) at least 25 percent of the amount granted

10 shall be allocated, without duplication, to each of the

11 following three areas: prosecution, law enforcement,

12 and victim services.

13 ‘‘(d) APPLICATION REQUIREMENTS.—The application

14 requirements provided in section 513 of this title shall

15 apply to grants made under this subpart. In addition, each

16 application shall include the certifications of qualification

17 required by subsection (c) including documentation from

18 nonprofit nongovernmental victim services programs show19 ing their participation in developing the plan required by

20 subsection (c)(2). Applications shall—

21 ‘‘(1) include documentation from the prosecution,

22 law enforcement, and victim services programs to be

23 assisted showing—

24 ‘‘(A) need for the grant funds;

25 ‘‘(B) intended use of the grant funds;
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1 ‘‘(C) expected results from the use of grant

2 funds; and

3 ‘‘(D) demographic characteristics of the

4 populations to be served, including age, marital

5 status, disability, race, ethnicity and language

6 background; and

7 ‘‘(2) proof of compliance with the requirements

8 for the payment of forensic medical exams provided

9 in section 162 of this title.

10 ‘‘(e) DISBURSEMENT.—(1) No later than 60 days after

11 the receipt of an application under this subpart, the Direc12 tor shall either disburse the appropriate sums provided for

13 under this subpart or shall inform the applicant why the

14 application does not conform to the terms of section 513

15 of this title or to the requirements of this section.

16 ‘‘(2) In disbursing monies under this subpart, the Di17 rector shall issue regulations to ensure that States will—

18 ‘‘(A) give priority to areas with the greatest

19 showing of need;

20 ‘‘(B) determine the amount of subgrants based on

21 the population and geographic area to be served;

22 ‘‘(C) equitably distribute monies on a geographic

23 basis including nonurban and rural areas, and giving

24 priority to localities with populations under 100,000;

25 and
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1 ‘‘(D) recognize and address the needs of under2 served populations.

3 ‘‘(f) GRANTEE REPORTING.—Upon completion of the

4 grant period under this subpart, the State grantee shall file

5 a performance report with the Director explaining the ac6 tivities carried out together with an assessment of the effec7 tiveness of those activities in achieving the purposes of this

8 subpart. A section of this performance report shall be com9 pleted by each grantee and subgrantee that performed the

10 direct services contemplated in the application, certifying

11 performance of direct services under the grant. The Director

12 shall suspend funding for an approved application if an

13 applicant fails to submit an annual performance report or

14 if funds are expended for purposes other than those set forth

15 under this subpart. Federal funds may only be used to sup16 plement, not supplant, State funds.

17 ‘‘SEC. 1722. GENERAL GRANTS TO TRIBES.

18 ‘‘(a) GENERAL GRANTS.—The Director is authorized

19 to make grants to Indian tribes, for use by tribes, tribal

20 organizations or nonprofit nongovernmental victim services

21 programs on Indian reservations, for the purposes outlined

22 in section 1701(b), and to reduce the rate of violent crimes

23 against women in Indian country.

24 ‘‘(b) AMOUNTS.—From amounts appropriated, the

25 amount of grants under subsection (a) shall be awarded on
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1 a competitive basis to tribes, with minimum grants of

2 $35,000 and maximum grants of $300,000.

3 ‘‘(c) QUALIFICATION.—Upon satisfying the terms of

4 subsection (d), any tribe shall be qualified for funds pro5 vided under this part upon certification that—

6 ‘‘(1) the funds shall be used to reduce the rate of

7 violent crimes against women and for at least 3 of the

8 purposes outlined in section 1701(b);

9 ‘‘(2) grantees and subgrantees shall develop a

10 plan for implementation, and otherwise consult and

11 coordinate with nonprofit; and

12 ‘‘(3) at least 25 percent of the grant funds shall

13 be allocated to each of the following three areas: pros14 ecution, law enforcement, and victim services.

15 ‘‘(d) APPLICATION REQUIREMENTS.—(1) Applications

16 shall be made directly to the Director and shall contain a

17 description of the tribes’ law enforcement responsibilities for

18 the Indian country described in the application and a de19 scription of the tribes’ system of courts, including whether

20 the tribal government operates courts of Indian offenses

21 under section 201 of Public Law 90–284 (25 U.S.C. 1301)

22 or part 11 of title 25, Code of Federal Regulations.

23 ‘‘(2) Applications shall be in such form as the Director

24 may prescribe and shall specify the nature of the program

25 proposed by the applicant tribe, the data and information
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1 on which the program is based, and the extent to which

2 the program plans to use or incorporate existing victim

3 services available in the Indian country where the grant

4 will be used.

5 ‘‘(3) The term of any grant shall be for a minimum

6 of 3 years.

7 ‘‘(e) GRANTEE REPORTING.—At the end of the first 12

8 months of the grant period and at the end of each year

9 thereafter, the Indian tribal grantee shall file a performance

10 report with the Director explaining the activities carried

11 out together with an assessment of the effectiveness of those

12 activities in achieving the purposes of this subpart. A sec13 tion of this performance report shall be completed by each

14 grantee or subgrantee that performed the direct services con15 templated in the application, certifying performance of di16 rect services under the grant. The Director shall suspend

17 funding for an approved application if an applicant fails

18 to submit an annual performance report or if funds are

19 expended for purposes other than those set forth under this

20 subpart. Federal funds may only be used to supplement,

21 not supplant, State funds.

22 ‘‘(f) DEFINITIONS.—(1) The term ‘Indian tribe’ means

23 any Indian tribe, band, nation, or other organized group

24 or community, including any Alaska Native village or re25 gional or village corporation (as defined in, or established
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1 pursuant to, the Alaska Native Claims Settlement Act (43

2 U.S.C. 1601 et seq.)), which is recognized as eligible for the

3 special services provided by the United States to Indians

4 because of their status as Indians.

5 ‘‘(2) The term ‘Indian country’ has the meaning stated

6 in section 1151 of title 18, United States Code.

7 ‘‘Subpart 3—General Terms and Conditions

8 ‘‘SEC. 1731. GENERAL DEFINITIONS.

9 ‘‘As used in this part—

10 ‘‘(1) the term ‘victim services’ means any non11 governmental nonprofit organization that assists vic12 tims, including rape crisis centers, battered women’s

13 shelters, or other rape or domestic violence programs,

14 including nonprofit nongovernmental organizations

15 assisting victims through the legal process;

16 ‘‘(2) the term ‘prosecution’ means any public

17 agency charged with direct responsibility for prosecut18 ing criminal offenders, including such agency’s com19 ponent bureaus (such as governmental victim/witness

20 programs);

21 ‘‘(3) the term ‘law enforcement’ means any pub22 lic agency charged with policing functions, including

23 any of its component bureaus (such as governmental

24 victim services programs);
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1 ‘‘(4) the term ‘sexual assault’ includes not only

2 assaults committed by offenders who are strangers to

3 the victim but also assaults committed by offenders

4 who are known or related by blood or marriage to the

5 victim;

6 ‘‘(5) the term ‘domestic violence’ includes felony

7 or misdemeanor offenses committed by a current or

8 former spouse of the victim, a person with whom the

9 victim shares a child in common, a person who is co10 habitating with or has cohabitated with the victim as

11 a spouse, a person similarly situated to a spouse of

12 the victim under the domestic or family violence laws

13 of the jurisdiction receiving grant monies, or commit14 ted by any other adult person upon a victim who is

15 protected from that person’s acts under the domestic

16 or family violence laws of the jurisdiction receiving

17 grant monies; and

18 ‘‘(6) the term ‘underserved populations’ includes

19 populations underserved because of geographic loca20 tion (such as rural isolation), underserved racial or

21 ethnic populations, and populations underserved be22 cause of special needs, such as language barriers or

23 physical disabilities.
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1 ‘‘SEC. 1732. GENERAL TERMS AND CONDITIONS.

2 ‘‘(a) NONMONETARY ASSISTANCE.—In addition to the

3 assistance provided under subparts 1 or 2, the Director may

4 direct any Federal agency, with or without reimbursement,

5 to use its authorities and the resources granted to it under

6 Federal law (including personnel, equipment, supplies, fa7 cilities, and managerial, technical, and advisory services)

8 in support of State and local assistance efforts.

9 ‘‘(b) BUREAU REPORTING.—No later than 180 days

10 after the end of each fiscal year for which grants are made

11 under this part, the Director shall submit to the Judiciary

12 Committees of the House and the Senate a report that in13 cludes, for each high intensity crime area (as provided in

14 subpart 1) and for each State and for each grantee Indian

15 tribe (as provided in subpart 2)—

16 ‘‘(1) the amount of grants made under this part;

17 ‘‘(2) a summary of the purposes for which those

18 grants were provided and an evaluation of their

19 progress;

20 ‘‘(3) a statistical summary of persons served, de21 tailing the nature of victimization, and providing

22 data on age, sex, relationship of victim to offender,

23 geographic distribution, race, ethnicity, language, and

24 disability; and

25 ‘‘(4) a copy of each grantee report filed pursuant

26 to sections 1712(g), 1721(f) and 1722(c).
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1 ‘‘(c) REGULATIONS.—No later than 90 days after the

2 date of enactment of this part, the Director shall publish

3 proposed regulations implementing this part. No later than

4 120 days after such date, the Director shall publish final

5 regulations implementing this part.

6 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated for each of fiscal years

8 1994, 1995, and 1996, $100,000,000 to carry out subpart

9 1, and $190,000,000 to carry out subpart 2, and

10 $10,000,000 to carry out section 1722 of subpart 2.’’.

11 (b) TECHNICAL AMENDMENT.—The table of contents of

12 title I of the Omnibus Crime Control and Safe Streets Act

13 of 1968 (42 U.S.C. 3711 et seq.) is amended by striking

14 the matter relating to part Q and inserting the following:

‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

‘‘Sec. 1701. Purpose of the program and grants.

‘‘SUBPART 1—HIGH INTENSITY CRIME AREA GRANTS

‘‘Sec. 1711. High intensity grants.

‘‘Sec. 1712. High intensity grant application.

‘‘SUBPART 2—OTHER GRANTS TO STATES TO COMBAT VIOLENT CRIMES AGAINST

WOMEN

‘‘Sec. 1721. General grants to States.

‘‘Sec. 1722. General grants to tribes.

‘‘SUBPART 3—GENERAL TERMS AND CONDITIONS

‘‘Sec. 1731. General definitions.

‘‘Sec. 1732. General terms and conditions.

‘‘PART R—TRANSITION—EFFECTIVE DATE—REPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.
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1 Subtitle C—Safety for Women in

2 Public Transit and Public Parks

3 SEC. 131. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE4 VENT CRIME IN PUBLIC TRANSPORTATION.

5 Section 24 of the Urban Mass Transportation Act of

6 1964 (49 U.S.C. App. 1620) is amended to read as follows:

7 ‘‘GRANTS TO PREVENT CRIME IN PUBLIC TRANSPORTATION

8 ‘‘SEC. 24. (a) GENERAL PURPOSE.—From funds au9 thorized under section 21, not to exceed $10,000,000, the

10 Secretary shall make capital grants for the prevention of

11 crime and to increase security in existing and future public

12 transportation systems. None of the provisions of this Act

13 may be construed to prohibit the financing of projects under

14 this section where law enforcement responsibilities are vest15 ed in a local public body other than the grant applicant.

16 ‘‘(b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE,

17 AND SECURITY PHONES.—

18 ‘‘(1) From the sums authorized for expenditure

19 under this section for crime prevention, the Secretary

20 is authorized to make grants and loans to States and

21 local public bodies or agencies for the purpose of in22 creasing the safety of public transportation by—

23 ‘‘(A) increasing lighting within or adjacent

24 to public transportation systems, including bus

25 stops, subway stations, parking lots, or garages;
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1 ‘‘(B) increasing camera surveillance of

2 areas within and adjacent to public transpor3 tation systems, including bus stops, subway sta4 tions, parking lots, or garages;

5 ‘‘(C) providing emergency phone lines to

6 contact law enforcement or security personnel in

7 areas within or adjacent to public transportation

8 systems, including bus stops, subway stations,

9 parking lots, or garages; or

10 ‘‘(D) any other project intended to increase

11 the security and safety of existing or planned

12 public transportation systems.

13 ‘‘(2) From the sums authorized under this sec14 tion, at least 75 percent shall be expended on projects

15 of the type described in subsection (b)(1) (A) and (B).

16 ‘‘(c) REPORTING.—All grants under this section are

17 contingent upon the filing of a report with the Secretary

18 and the Department of Justice, Office of Victims of Crime,

19 showing crime rates in or adjacent to public transportation

20 before, and for a 1-year period after, the capital improve21 ment. Statistics shall be broken down by type of crime, sex,

22 race, ethnicity, language, and relationship of victim to the

23 offender.

24 ‘‘(d) INCREASED FEDERAL SHARE.—Notwithstanding

25 any other provision of this Act, the Federal share under
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1 this section for each capital improvement project which en2 hances the safety and security of public transportation sys3 tems and which is not required by law (including any other

4 provision of this chapter) shall be 90 percent of the net

5 project cost of such project.

6 ‘‘(e) SPECIAL GRANTS FOR PROJECTS TO STUDY IN7 CREASING SECURITY FOR WOMEN.—From the sums author8 ized under this section, the Secretary shall provide grants

9 and loans for the purpose of studying ways to reduce violent

10 crimes against women in public transit through better de11 sign or operation of public transit systems.

12 ‘‘(f) GENERAL REQUIREMENTS.—All grants or loans

13 provided under this section shall be subject to all the terms,

14 conditions, requirements, and provisions applicable to

15 grants and loans made under section 2(a).’’.

16 SEC. 132. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE17 VENT CRIME IN NATIONAL PARKS.

18 Public Law 91–383 (commonly known as the National

19 Park System Improvements in Administration Act) (16

20 U.S.C. 1a–1 et seq.) is amended by adding at the end the

21 following new section:

22 ‘‘SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION AS23 SISTANCE.

24 ‘‘(a) From the sums authorized pursuant to section 7

25 of the Land and Water Conservation Act of 1965, not to
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1 exceed $10,000,000, the Secretary of the Interior may pro2 vide Federal assistance to reduce the incidence of violent

3 crime in the National Park System.

4 ‘‘(b) The Secretary shall direct the chief official respon5 sible for law enforcement within the National Park Services

6 to—

7 ‘‘(1) compile a list of areas within the National

8 Park System with the highest rates of violent crime;

9 ‘‘(2) make recommendations concerning capital

10 improvements, and other measures, needed within the

11 National Park System to reduce the rates of violent

12 crime, including the rate of sexual assault; and

13 ‘‘(3) publish the information required by para14 graphs (1) and (2) in the Federal Register.

15 ‘‘(c) No later than 120 days after the date of enactment

16 of this section, and based on the recommendations and list

17 issued pursuant to subsection (b), the Secretary shall dis18 tribute funds throughout the National Park Service. Prior19 ity shall be given to those areas with the highest rates of

20 sexual assault.

21 ‘‘(d) Funds provided under this section may be used

22 for the following purposes:

23 ‘‘(1) To increase lighting within or adjacent to

24 public parks and recreation areas.
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1 ‘‘(2) To provide emergency phone lines to contact

2 law enforcement or security personnel in areas within

3 or adjacent to public parks and recreation areas.

4 ‘‘(3) To increase security or law enforcement per5 sonnel within or adjacent to public parks and recre6 ation areas.

7 ‘‘(4) Any other project intended to increase the

8 security and safety of public parks and recreation

9 areas.’’.

10 SEC. 133. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE11 VENT CRIME IN PUBLIC PARKS.

12 Section 6 of the Land and Water Conservation Fund

13 Act of 1965 (16 U.S.C. 460l–8) is amended by adding at

14 the end the following new subsection:

15 ‘‘(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS

16 TO REDUCE CRIME.—In addition to assistance for plan17 ning projects, and in addition to the projects identified in

18 subsection (e), and from amounts appropriated, the Sec19 retary shall provide financial assistance to the States, not

20 to exceed $15,000,000 in total, for the following types of

21 projects or combinations thereof:

22 ‘‘(1) For the purpose of making capital improve23 ments and other measures to increase safety in urban

24 parks and recreation areas, including funds to—
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1 ‘‘(A) increase lighting within or adjacent to

2 public parks and recreation areas;

3 ‘‘(B) provide emergency phone lines to con4 tact law enforcement or security personnel in

5 areas within or adjacent to public parks and

6 recreation areas;

7 ‘‘(C) increase security personnel within or

8 adjacent to public parks and recreation areas;

9 and

10 ‘‘(D) fund any other project intended to in11 crease the security and safety of public parks

12 and recreation areas.

13 ‘‘(2) In addition to the requirements for project

14 approval imposed by this section, eligibility for assist15 ance under this subsection is dependent upon a show16 ing of need. In providing funds under this subsection,

17 the Secretary shall give priority to those projects pro18 posed for urban parks and recreation areas with the

19 highest rates of crime and, in particular, to urban

20 parks and recreation areas with the highest rates of

21 sexual assault.

22 ‘‘(3) Notwithstanding subsection (c), the Sec23 retary may provide 70 percent improvement grants

24 for projects undertaken by any State for the purposes
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1 outlined in this subsection. The remaining share of

2 the cost shall be borne by the State.’’.

3 Subtitle D—Justice Department

4 Task Force on Violence Against

5 Women

6 SEC. 141. ESTABLISHMENT.

7 Not later than 30 days after the date of enactment of

8 this Act, the Attorney General shall establish a task force

9 to be known as the Attorney General’s Task Force on Vio10 lence Against Women (referred to in this subtitle as the

11 ‘‘Task Force’’).

12 SEC. 142. GENERAL PURPOSES OF TASK FORCE.

13 (a) GENERAL PURPOSE OF THE TASK FORCE.—The

14 Task Force shall recommend Federal, State, and local strat15 egies for preventing and sanctioning violent crime against

16 women, including the enhancement and protection of the

17 rights of the victims of such crimes.

18 (b) FUNCTIONS.—The Task Force shall perform such

19 functions as the Attorney General deems appropriate to

20 carry out the purposes of the Task Force, including—

21 (1) evaluating the adequacy of, and make rec22 ommendations regarding, current law enforcement ef23 forts at the Federal and State levels to reduce the rate

24 of violent crimes against women and to punish those

25 responsible for such crime;
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1 (2) evaluating the adequacy of, and make rec2 ommendations regarding, the responsiveness of State

3 prosecutors and State courts to violent crimes against

4 women;

5 (3) evaluating the adequacy of rules of evidence,

6 practice and procedure to ensure the effective prosecu7 tion and conviction of violent offenders against

8 women and to protect victims from abuse in legal

9 proceedings, making recommendations, where nec10 essary, to improve those rules;

11 (4) evaluating the adequacy of pretrial release,

12 sentencing, incarceration, and post-conviction release

13 for crimes that predominantly affect women, such as

14 rape and domestic violence;

15 (5) evaluating the adequacy of, and make rec16 ommendations regarding, the adequacy of State and

17 Federal laws on sexual assault and the need for a

18 more uniform statutory response to sex offenses, in19 cluding sexual assaults and other sex offenses commit20 ted by offenders who are known or related by blood

21 or marriage to the victim;

22 (6) evaluating the adequacy of, and make rec23 ommendations regarding, the adequacy of State and

24 Federal Laws on domestic violence and the need for
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1 a more uniform statutory response to domestic vio2 lence;

3 (7) evaluating the adequacy of, and make rec4 ommendations regarding, the adequacy of current

5 education, prevention, and protection services for

6 women victims of violent crimes;

7 (8) assessing the issuance, formulation, and en8 forcement of protective orders, whether or not related

9 to a criminal proceeding, and making recommenda10 tions for their more effective use in domestic violence

11 and stalking cases;

12 (9) assessing the problem of stalking and persist13 ent menacing and recommending effective means of

14 response to the problem; and

15 (10) evaluating the adequacy of, and make rec16 ommendations regarding, the national public aware17 ness and the public dissemination of information es18 sential to the prevention of violent crimes against

19 women.

20 SEC. 143. MEMBERSHIP.

21 (a) IN GENERAL.—The Task Force shall consist of up

22 to 15 members, who shall be appointed by the Attorney Gen23 eral not later than 60 days after the date of enactment of

24 this Act.
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1 (b) REPRESENTATION.—The Attorney General shall

2 choose members of the Task Force based on their education,

3 training, or experience. The Attorney General shall ensure

4 that the Task Force includes representatives of State and

5 local law enforcement, judicial administration, prosecution,

6 legal experts, persons devoted to the protection of victims’

7 rights, persons providing services to the victims of sexual

8 assault or domestic violence, and survivors of violence.

9 (c) CONGRESSIONAL COMMITTEE RECOMMENDA10 TIONS.—In making appointments to the Task Force, the At11 torney General shall consider the recommendations of the

12 chairman and ranking minority members of the Committee

13 on the Judiciary of the Senate and the Committee on the

14 Judiciary of the House of Representatives.

15 (d) VACANCIES.—A vacancy on the Task Force shall

16 be filled in the manner in which the original appointment

17 was made.

18 SEC. 144. TASK FORCE OPERATIONS.

19 (a) MEETINGS.—The Task Force shall hold its first

20 meeting on a date specified by the Attorney General, which

21 date shall not be later than 60 days after the date of enact22 ment of this Act. After the initial meeting, the Task Force

23 shall meet at the call of the Attorney General, or its chair24 man-designate, but shall meet at least 6 times.
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1 (b) CHAIRMAN.—Not later than 15 days after the mem2 bers of the Task Force are appointed, the Attorney General

3 shall designate a chairman from among the members of the

4 Task Force.

5 (c) PAY.—Members of the Task Force who are officers

6 or employees or elected officials of a government entity shall

7 receive no additional compensation by reason of their serv8 ice on the Task Force.

9 (d) PER DIEM.—Except as provided in subsection (c),

10 members of the Task Force shall be allowed travel and other

11 expenses including per diem in lieu of subsistence, at rates

12 authorized for employees of agencies under sections 5702

13 and 5703 of title 5, United States Code.

14 SEC. 145. REPORTS.

15 (a) IN GENERAL.—Not later than 1 year after the date

16 on which the Task Force is fully constituted under section

17 143, the Task Force shall prepare and submit a final report

18 to the President and to congressional committees that have

19 jurisdiction over legislation addressing violent crimes

20 against women, including the crimes of domestic and sexual

21 assault.

22 (b) CONTENTS.—The final report submitted under

23 paragraph (1) shall contain a detailed statement of the ac24 tivities of the Task Force and of the findings and conclu25 sions of the Task Force, including such recommendations
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1 for legislation and administrative action as the Task Force

2 considers appropriate.

3 SEC. 146. EXECUTIVE DIRECTOR AND STAFF.

4 (a) EXECUTIVE DIRECTOR.—

5 (1) APPOINTMENT.—The Task Force shall have

6 an Executive Director who shall be appointed by the

7 Chairman, with the approval of the Task Force, not

8 later than 30 days after the Chairman is selected.

9 (2) COMPENSATION.—The Executive Director

10 shall be compensated at a rate not to exceed the maxi11 mum rate of the basic pay payable for a position

12 above GS–15 of the General Schedule contained in

13 title 5, United States Code.

14 (b) STAFF.—With the approval of the Task Force, the

15 Executive Director may appoint and fix the compensation

16 of such additional personnel as the Executive Director con17 siders necessary to carry out the duties of the Task Force.

18 (c) APPLICABILITY OF CIVIL SERVICE LAWS.—The Ex19 ecutive Director and the additional personnel of the Task

20 Force appointed under subsection (b) may be appointed

21 without regard to the provisions of title 5, United States

22 Code, governing appointments in the competitive service,

23 and may be paid without regard to the provisions of chapter

24 51 and subchapter III of chapter 53 of such title relating

25 to classification and General Schedule pay rates.
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1 (d) CONSULTANTS.—Subject to such rules as may be

2 prescribed by the Task Force, the Executive Director may

3 procure temporary or intermittent services under section

4 3109(b) of title 5, United States Code, at rates for individ5 uals not to exceed $200 per day.

6 SEC. 147. POWERS OF TASK FORCE.

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

8 subtitle, the Task Force may conduct such hearings, sit and

9 act at such times and places, take such testimony, and re10 ceive such evidence, as the Task Force considers appro11 priate. The Task Force may administer oaths before the

12 Task Force.

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

14 Task Force may, if authorized by the Task Force, take any

15 action that the Task Force is authorized to take under this

16 subtitle.

17 (c) ACCESS TO INFORMATION.—The Task Force may

18 request directly from any executive department or agency

19 such information as may be necessary to enable the Task

20 Force to carry out this subtitle, on the request of the Chair21 man of the Task Force.

22 (d) MAILS.—The Task Force may use the United

23 States mails in the same manner and under the same condi24 tions as other departments and agencies of the United

25 States.
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1 SEC. 148. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated to carry out

3 this subtitle $500,000 for fiscal year 1994.

4 SEC. 149. TERMINATION.

5 The Task Force shall cease to exist 30 days after the

6 date on which its final report is submitted under section

7 144.

8 Subtitle E—New Evidentiary Rules

9 SEC. 151. SEXUAL HISTORY IN ALL CRIMINAL CASES.

10 (a) RULE.—The Federal Rules of Evidence are amend11 ed by inserting after rule 412 the following new rule:

12 ‘‘Rule 412A. Evidence of victim’s past behavior in

13 other criminal cases

14 ‘‘(a) REPUTATION AND OPINION EVIDENCE EX15 CLUDED.—Notwithstanding any other law, in a criminal

16 case, other than a sex offense case governed by rule 412,

17 reputation or opinion evidence of the past sexual behavior

18 of an alleged victim is not admissible.

19 ‘‘(b) ADMISSIBILITY.—Notwithstanding any other law,

20 in a criminal case, other than a sex offense case governed

21 by rule 412, evidence of an alleged victim’s past sexual be22 havior (other than reputation and opinion evidence) may

23 be admissible if—

24 ‘‘(1) the evidence is admitted in accordance with

25 the procedures specified in subdivision (c); and
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1 ‘‘(2) the probative value of the evidence out2 weighs the danger of unfair prejudice.

3 ‘‘(c) PROCEDURES.—(1) If the defendant intends to

4 offer evidence of specific instances of the alleged victim’s

5 past sexual behavior, the defendant shall make a written

6 motion to offer such evidence not later than 15 days before

7 the date on which the trial in which such evidence is to

8 be offered is scheduled to begin, except that the court may

9 allow the motion to be made at a later date, including dur10 ing trial, if the court determines either that the evidence

11 is newly discovered and could not have been obtained earlier

12 through the exercise of due diligence or that the issue to

13 which such evidence relates has newly arisen in the case.

14 Any motion made under this paragraph shall be served on

15 all other parties and on the alleged victim.

16 ‘‘(2) The motion described in paragraph (1) shall be

17 accompanied by a written offer of proof. If necessary, the

18 court shall order a hearing in chambers to determine if such

19 evidence is admissible. At the hearing, the parties may call

20 witnesses, including the alleged victim and offer relevant

21 evidence. Notwithstanding subdivision (b) of rule 104, if the

22 relevancy of the evidence which the defendant seeks to offer

23 in the trial depends upon the fulfillment of a condition of

24 fact, the court, at the hearing in chambers or at a subse25 quent hearing in chambers scheduled for such purpose, shall
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1 accept evidence on the issue of whether such condition of

2 fact is fulfilled and shall determine such issue.

3 ‘‘(3) If the court determines on the basis of the hearing

4 described in paragraph (2), that the evidence the defendant

5 seeks to offer is relevant, not excluded by any other evi6 dentiary rule, and that the probative value of such evidence

7 outweighs the danger of unfair prejudice, such evidence

8 shall be admissible in the trial to the extent an order made

9 by the court specifies the evidence which may be offered and

10 areas with respect to which the alleged victim may be exam11 ined or cross-examined. In its order, the court should con12 sider (A) the chain of reasoning leading to its finding of

13 relevance, and (B) why the probative value of the evidence

14 outweighs the danger of unfair prejudice given the potential

15 of the evidence to humiliate and embarrass the alleged vic16 tim and to result in unfair or biased jury inferences.’’.

17 (b) TECHNICAL AMENDMENT.—The table of contents

18 for the Federal Rules of Evidence is amended by inserting

19 after the item relating to rule 412 the following new item:

‘‘412A. Evidence of victim’s past behavior in other criminal cases:

‘‘(a) Reputation and opinion evidence excluded.

‘‘(b) Admissibility.

‘‘(c) Procedures.’’.

20 SEC. 152. SEXUAL HISTORY IN CIVIL CASES.

21 (a) RULE.—The Federal Rules of Evidence, as amend22 ed by section 151, are amended by adding after rule 412A

23 the following new rule:
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1 ‘‘Rule 412B. Evidence of past sexual behavior in civil

2 cases

3 ‘‘(a) REPUTATION AND OPINION EVIDENCE EX4 CLUDED.—Notwithstanding any other law, in a civil case

5 in which a defendant is accused of actionable sexual mis6 conduct, reputation or opinion evidence of the plaintiff’s

7 past sexual behavior is not admissible.

8 ‘‘(b) ADMISSIBLE EVIDENCE.—Notwithstanding any

9 other law, in a civil case in which a defendant is accused

10 of actionable sexual misconduct, evidence of a plaintiff’s

11 past sexual behavior other than reputation or opinion evi12 dence may be admissible if—

13 ‘‘(1) it is admitted in accordance with the proce14 dures specified in subdivision (c); and

15 ‘‘(2) the probative value of the evidence out16 weighs the danger of unfair prejudice.

17 ‘‘(c) PROCEDURES.—(1) If the defendant intends to

18 offer evidence of specific instances of the plaintiff’s past sex19 ual behavior, the defendant shall make a written motion

20 to offer such evidence not later than 15 days before the date

21 on which the trial in which such evidence is to be offered

22 is scheduled to begin, except that the court may allow the

23 motion to be made at a later date, including during trial,

24 if the court determines either that the evidence is newly dis25 covered and could not have been obtained earlier through

26 the exercise of due diligence or that the issue to which such
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1 evidence relates has newly arisen in the case. Any motion

2 made under this paragraph shall be served on all other par3 ties and on the plaintiff.

4 ‘‘(2) The motion described in paragraph (1) shall be

5 accompanied by a written offer of proof. If necessary, the

6 court shall order a hearing in chambers to determine if such

7 evidence is admissible. At the hearing, the parties may call

8 witnesses, including the plaintiff and offer relevant evi9 dence. Notwithstanding subdivision (b) of rule 104, if the

10 relevancy of the evidence that the defendant seeks to offer

11 in the trial depends upon the fulfillment of a condition of

12 fact, the court, at the hearing in chambers or at a subse13 quent hearing in chambers scheduled for the purpose, shall

14 accept evidence on the issue of whether the condition of fact

15 is fulfilled and shall determine such issue.

16 ‘‘(3) If the court determines on the basis of the hearing

17 described in paragraph (2) that the evidence the defendant

18 seeks to offer is relevant and not excluded by any other evi19 dentiary rule, and that the probative value of the evidence

20 outweighs the danger of unfair prejudice, the evidence shall

21 be admissible in the trial to the extent an order made by

22 the court specifies evidence that may be offered and areas

23 with respect to which the plaintiff may be examined or

24 cross-examined. In its order, the court should consider—
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1 ‘‘(A) the chain of reasoning leading to its finding

2 of relevance; and

3 ‘‘(B) why the probative value of the evidence out4 weighs the danger of unfair prejudice given the poten5 tial of the evidence to humiliate and embarrass the al6 leged victim and to result in unfair or biased jury in7 ferences.

8 ‘‘(d) DEFINITIONS.—For purposes of this rule, a case

9 involving a claim of actionable sexual misconduct, includes

10 sexual harassment or sex discrimination claims brought

11 pursuant to title VII of the Civil Rights Act of 1964 (42

12 U.S.C. 2000(e)) and gender bias claims brought pursuant

13 to title III of the Violence Against Women Act of 1993.’’.

14 (b) TECHNICAL AMENDMENT.—The table of contents

15 for the Federal Rules of Evidence, as amended by section

16 151, is amended by inserting after the item relating to rule

17 412A the following new item:

‘‘412B. Evidence of past sexual behavior in civil cases:

‘‘(a) Reputation and opinion evidence excluded.

‘‘(b) Admissible evidence.

‘‘(c) Procedures.

‘‘(d) Definitions.’’.

18 SEC. 153. AMENDMENTS TO RAPE SHIELD LAW.

19 (a) RULE.—Rule 412 of the Federal Rules of Evidence

20 is amended—

21 (1) by adding at the end the following new sub22 divisions:
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1 ‘‘(e) INTERLOCUTORY APPEAL.—Notwithstanding any

2 other law, any evidentiary rulings made pursuant to this

3 rule are subject to interlocutory appeal by the government

4 or by the alleged victim.

5 ‘‘(f) RULE OF RELEVANCE AND PRIVILEGE.—If the

6 prosecution seeks to offer evidence of prior sexual history,

7 the provisions of this rule may be waived by the alleged

8 victim.’’; and

9 (2) by adding at the end of subdivision (c)(3) the

10 following: ‘‘In its order, the court should consider (A)

11 the chain of reasoning leading to its finding of rel12 evance; and (B) why the probative value of the evi13 dence outweighs the danger of unfair prejudice given

14 the potential of the evidence to humiliate and embar15 rass the alleged victim and to result in unfair or bi16 ased jury inferences.’’.

17 (b) TECHNICAL AMENDMENT.—The table of contents

18 for the Federal Rules of Evidence is amended by adding

19 at the end the item relating to rule 412 the following:

‘‘(e) Interlocutory appeal.

‘‘(f) Rule of relevance and privilege.’’.

20 SEC. 154. EVIDENCE OF CLOTHING.

21 (a) RULE.—The Federal Rules of Evidence, as amend22 ed by section 152, are amended by adding after rule 412B

23 the following new rule:
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1 ‘‘Rule 413. Evidence of victim’s clothing as inciting vi2 olence

3 ‘‘Notwithstanding any other law, in a criminal case

4 in which a person is accused of an offense under chapter

5 109A of title 18, United States Code, evidence of an alleged

6 victim’s clothing is not admissible to show that the alleged

7 victim incited or invited the offense charged.’’.

8 (b) TECHNICAL AMENDMENT.—The table of contents

9 for the Federal Rules of Evidence, as amended by section

10 152, is amended by inserting after the item relating to rule

11 412B the following new item:

‘‘413. Evidence of victim’s clothing as inciting violence.’’.

12 Subtitle F—Assistance to Victims of

13 Sexual Assault

14 SEC. 161. EDUCATION AND PREVENTION GRANTS TO RE15 DUCE SEXUAL ASSAULTS AGAINST WOMEN.

16 Part A of title XIX of the Public Health and Health

17 Services Act (42 U.S.C. 300w et seq.) is amended by adding

18 at the end the following new section:

19 ‘‘SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION

20 EDUCATION.

21 ‘‘(a) PERMITTED USE.—Notwithstanding section

22 1904(a)(1), amounts transferred by the State for use under

23 this part may be used for rape prevention and education

24 programs conducted by rape crisis centers or similar non-
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1 governmental nonprofit entities, which programs may in2 clude—

3 ‘‘(1) educational seminars;

4 ‘‘(2) the operation of hotlines;

5 ‘‘(3) training programs for professionals;

6 ‘‘(4) the preparation of informational materials;

7 and

8 ‘‘(5) other efforts to increase awareness of the

9 facts about, or to help prevent, sexual assault, includ10 ing efforts to increase awareness in underserved ra11 cial, ethnic, and language minority communities.

12 ‘‘(b) TARGETING OF EDUCATION PROGRAMS.—States

13 providing grant monies must ensure that at least 25 percent

14 of the monies are devoted to education programs targeted

15 for middle school, junior high school, and high school

16 students.

17 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

18 authorized to be appropriated to carry out this section

19 $65,000,000 for each of fiscal years 1994, 1995, and 1996.

20 ‘‘(d) LIMITATION.—Funds authorized under this sec21 tion may only be used for providing rape prevention and

22 education programs.

23 ‘‘(e) DEFINITION.—For purposes of this section, the

24 term ‘rape prevention and education’ includes education

25 and prevention efforts directed at offenses committed by of-
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1 fenders who are not known to the victim as well as offenders

2 who are known to the victim.

3 ‘‘(f) TERMS.—States shall be allotted funds under this

4 section pursuant to the terms of sections 1902 and 1903,

5 and subject to the conditions provided in this section and

6 sections 1904 through 1909.’’.

7 SEC. 162. RAPE EXAM PAYMENTS.

8 (a) No State or other grantee is entitled to funds under

9 title I of the Violence Against Women Act of 1993 unless

10 the State or other grantee incurs the full cost of forensic

11 medical exams for victims of sexual assault. A State or

12 other grantee does not incur the full medical cost of forensic

13 medical exams if it chooses to reimburse the victim after

14 the fact unless the reimbursement program waives any min15 imum loss or deductible requirement, provides victim reim16 bursement within a reasonable time (90 days), permits ap17 plications for reimbursement within one year from the date

18 of the exam, and provides information to all subjects of fo19 rensic medical exams about how to obtain reimbursement.

20 (b) Within 90 days after the enactment of this Act,

21 the Director of the Office of Victims of Crime shall propose

22 regulations to implement this section, detailing qualified

23 programs. Such regulations shall specify the type and form

24 of information to be provided victims, including provisions

25 for multilingual information, where appropriate.
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1 SEC. 163. EDUCATION AND PREVENTION GRANTS TO RE2 DUCE SEXUAL ABUSE OF FEMALE RUNAWAY,

3 HOMELESS, AND STREET YOUTH.

4 Part A of the Runaway and Homeless Youth Act (42

5 U.S.C. 5711 et seq.) is amended by—

6 (1) redesignating sections 316 and 317 as sec7 tions 317 and 318, respectively; and

8 (2) inserting after section 315 the following new

9 section:

10 ‘‘GRANTS FOR PREVENTION OF SEXUAL ABUSE AND

11 EXPLOITATION

12 ‘‘SEC. 316. (a) IN GENERAL.—The Secretary shall

13 make grants under this section to private, nonprofit agen14 cies for street-based outreach and education, including

15 treatment, counseling, and information and referral, for fe16 male runaway, homeless, and street youth who have been

17 subjected to or are at risk of being subjected to sexual abuse.

18 ‘‘(b) PRIORITY.—In selecting among applicants for

19 grants under subsection (a), the Secretary shall give prior20 ity to agencies that have experience in providing services

21 to female runaway, homeless, and street youth.

22 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

23 authorized to be appropriated to carry out this section

24 $10,000,000 for each of fiscal years 1994, 1995, and 1996.

25 ‘‘(d) DEFINITIONS.—For the purposes of this section—
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1 ‘‘(1) the term ‘street-based outreach and edu2 cation’ includes education and prevention efforts di3 rected at offenses committed by offenders who are not

4 known to the victim as well as offenders who are

5 known to the victim; and

6 ‘‘(2) the term ‘street youth’ means a female less

7 than 21 years old who spends a significant amount

8 of time on the street or in other areas of exposure to

9 encounters that may lead to sexual abuse.’’.

10 SEC. 164. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

11 Rule 32 of the Federal Rules of Criminal Procedure

12 is amended—

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

14 (a)(1)(B);

15 (2) by striking the period at the end of subdivi16 sion (a)(1)(C) and inserting ‘‘; and’’;

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

18 following new subdivision:

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

20 violence or sexual abuse, address the victim personally

21 if the victim is present at the sentencing hearing and

22 determine if the victim wishes to make a statement

23 and to present any information in relation to the sen24 tence.’’;
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1 (4) in the penultimate sentence of subdivision

2 (a)(1), by striking ‘‘equivalent opportunity’’ and in3 serting ‘‘opportunity equivalent to that of the defend4 ant’s counsel’’;

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

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

7 Government.’’; and

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

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

11 ‘‘(1) the term ‘victim’ means any person against

12 whom an offense for which a sentence is to be imposed

13 has been committed, but the right of allocution under

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

15 ‘‘(A) a parent or legal guardian in case the

16 victim is below the age of 18 years or incom17 petent; or

18 ‘‘(B) 1 or more family members or relatives

19 designated by the court in case the victim is de20 ceased or incapacitated,

21 if such person or persons are present at the sentencing

22 hearing, regardless of whether the victim is present;

23 and

24 ‘‘(2) the term ‘crime of violence or sexual abuse’

25 means a crime that involved the use or attempted or
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1 threatened use of physical force against the person or

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

3 of title 18, United States Code.’’.

4 TITLE II—SAFE HOMES FOR

5 WOMEN

6 SEC. 201. SHORT TITLE.

7 This title may be cited as the ‘‘Safe Homes for Women

8 Act of 1993’’.

9 Subtitle A—Family Violence Preven10 tion and Services Act Amend11 ments

12 SEC. 211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE

13 HOTLINE.

14 The Family Violence Prevention and Services Act (42

15 U.S.C. 10401 et seq.) is amended by adding at the end the

16 following new section:

17 ‘‘SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE

18 GRANT.

19 ‘‘(a) IN GENERAL.—The Secretary may award a grant

20 to a private, nonprofit entity to provide for the operation

21 of a national, toll-free telephone hotline to provide informa22 tion and assistance to victims of domestic violence.

23 ‘‘(b) ACTIVITIES.—Funds received by an entity under

24 this section shall be utilized to open and operate a national,
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1 toll-free domestic violence hotline. Such funds may be used

2 for activities including—

3 ‘‘(1) contracting with a carrier for the use of a

4 toll-free telephone line;

5 ‘‘(2) employing, training and supervising per6 sonnel to answer incoming calls and provide counsel7 ing and referral services to callers on a 24-hour-a-day

8 basis;

9 ‘‘(3) assembling, maintaining, and continually

10 updating a database of information and resources to

11 which callers may be referred throughout the United

12 States; and

13 ‘‘(4) publicizing the hotline to potential users

14 throughout the United States.

15 ‘‘(c) APPLICATION.—A grant may not be made under

16 this section unless an application for such grant has been

17 approved by the Secretary. To be approved by the Secretary

18 under this subsection an application shall—

19 ‘‘(1) provide such agreements, assurances, and

20 information, be in such form and be submitted in

21 such manner as the Secretary shall prescribe through

22 notice in the Federal Register;

23 ‘‘(2) include a complete description of the appli24 cant’s plan for the operation of a national domestic

25 violence hotline, including descriptions of—
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1 ‘‘(A) the training program for hotline per2 sonnel;

3 ‘‘(B) the hiring criteria for hotline person4 nel;

5 ‘‘(C) the methods for the creation, mainte6 nance and updating of a resource database; and

7 ‘‘(D) a plan for publicizing the availability

8 of the hotline;

9 ‘‘(3) demonstrate that the applicant has nation10 ally recognized expertise in the area of domestic vio11 lence and a record of high quality service to victims

12 of domestic violence; and

13 ‘‘(4) contain such other information as the Sec14 retary may require.

15 ‘‘(d) SPECIAL CONSIDERATIONS.—In considering an

16 application under subsection (c), the Secretary shall also

17 take into account the applicant’s ability to offer multi18 lingual services and services for the hearing impaired.

19 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

20 authorized to be appropriated to carry out this section

21 $500,000 for each of fiscal years 1994, 1995, and 1996.’’.
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1 Subtitle B—Interstate Enforcement

2 SEC. 221. INTERSTATE ENFORCEMENT.

3 (a) IN GENERAL.—Part 1 of title 18, United States

4 Code, is amended by inserting after chapter 110 the follow5 ing new chapter:

6 ‘‘CHAPTER 110A—VIOLENCE AGAINST

7 SPOUSES

‘‘Sec. 2261. Traveling to commit spousal abuse.

‘‘Sec. 2262. Interstate violation of protection orders.

‘‘Sec. 2263. Interim protections.

‘‘Sec. 2264. Restitution.

‘‘Sec. 2265. Full faith and credit given to protection orders.

‘‘Sec. 2266. Definitions.

8 ‘‘§ 2261. Traveling to commit spousal abuse

9 ‘‘(a) IN GENERAL.—Any person who travels across a

10 State line with the intent to injure, harass, intimidate his

11 or her spouse or intimate partners and who, in the course

12 of or as a result of such travel, commits an act that injures

13 his or her spouse or intimate partner shall be punished as

14 provided in subsection (c).

15 ‘‘(b) CAUSING THE CROSSING OF A STATE LINE.—Any

16 person who causes a spouse or intimate partner to cross

17 a State line by force, coercion, duress or fraud and, in the

18 course or as a result of that conduct, commits an act that

19 injures his or her spouse or intimate partner shall be pun20 ished as provided in subsection (c).

21 ‘‘(c) PENALTIES.—A person who violates this section

22 shall be punished as follows:
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1 ‘‘(1) If permanent disfigurement or life-threaten2 ing bodily injury results, by imprisonment for not

3 more than 20 years; if serious bodily injury results,

4 by fine under this title or imprisonment for not more

5 than 10 years, or both.

6 ‘‘(2) If the offense is committed with intent to

7 commit another felony, by fine under this title or im8 prisonment for not more than 10 years, or both.

9 ‘‘(3) If the offense is committed with a dangerous

10 weapon, with intent to do bodily harm, by fine under

11 this title or imprisonment for not more than 5 years,

12 or both.

13 ‘‘(4) If the offense constitutes sexual abuse, as

14 that conduct is described under chapter 109A of title

15 18, United States Code (without regard to whether the

16 offense was committed in the maritime, territorial or

17 prison jurisdiction of the United States), by fine or

18 term of imprisonment as provided for the applicable

19 conduct under chapter 109A.

20 ‘‘(5) In a case not described in paragraph (1),

21 (2), (3), or (4), by fine under this title or imprison22 ment for not more than 5 years, or both.

23 ‘‘(d) CRIMINAL INTENT.—The criminal intent of the

24 offender required to establish an offense under subsection
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1 (b) does not require a showing of the specific intent to vio2 late the law of a State.

3 ‘‘(e) NO PRIOR STATE ACTION NECESSARY.—Nothing

4 in this section requires a prior criminal prosecution or con5 viction or a prior civil protection order issued under State

6 law to initiate Federal prosecution.

7 ‘‘§ 2262. Interstate violation of protection orders

8 ‘‘(a) IN GENERAL.—Any person against whom a valid

9 protection order has been entered who—

10 ‘‘(1) travels across a State line with the intent

11 to injure, harass, intimidate, or contact a spouse or

12 intimate partner; and

13 ‘‘(2) commits an act that injures, harasses, or in14 timidates a spouse or intimate partner or otherwise

15 violates a valid protection order issued by a State,

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

17 ‘‘(b) CAUSING THE CROSSING OF A STATE LINE.—Any

18 person who causes a spouse or intimate partner to cross

19 a State line by force, coercion, duress, or fraud, and, in

20 the course or as a result of that conduct, commits an act

21 that injures his or her spouse or intimate partner in viola22 tion of a valid protection order issued by a State shall be

23 punished as provided in subsection (c).

24 ‘‘(c) PENALTIES.—A person who violates this section

25 shall be punished as follows:
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1 ‘‘(1) If permanent disfigurement or life-threaten2 ing bodily injury results, by imprisonment for not

3 more than 20 years; if serious bodily injury results,

4 by fine under this title or imprisonment for not more

5 than 10 years, or both.

6 ‘‘(2) If the offense is committed with intent to

7 commit another felony, by fine under this title or im8 prisonment for not more than 10 years, or both.

9 ‘‘(3) If the offense is committed with a dangerous

10 weapon, with intent to do bodily harm, by fine under

11 this title or imprisonment for not more than 5 years,

12 or both.

13 ‘‘(4) If the offender has previously violated any

14 prior protection order issued against that person for

15 the protection of the same victim, by fine under this

16 title or imprisonment for not more than 5 years and

17 not less than 6 months, or both.

18 ‘‘(5) If the offense constitutes sexual abuse, as

19 that conduct is described under chapter 109A of title

20 18, United States Code (without regard to whether the

21 conduct was committed in the special maritime, terri22 torial or prison jurisdiction of the United States), by

23 fine or term of imprisonment as provided for the ap24 plicable offense under chapter 109A.
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1 ‘‘(6) In a case not described in paragraph (1),

2 (2), (3), (4), or (5), by fine under this title or impris3 onment for not more than 5 years, or both.

4 ‘‘(d) CRIMINAL INTENT.—The criminal intent required

5 to establish the offense provided in subsection (a) does not

6 require a showing of the specific intent to violate a protec7 tion order or the law of any State.

8 ‘‘(e) NO PRIOR STATE ACTION NECESSARY.—Nothing

9 in this section requires a prior criminal prosecution or con10 viction under State law to initiate Federal prosecution.

11 ‘‘§ 2263. Pretrial release of defendant

12 ‘‘In any proceeding pursuant to section 3142 of this

13 title for the purpose of determining whether a defendant

14 charged under this section shall be released pending trial,

15 or for the purpose of determining conditions of such release,

16 the alleged victim shall be given an opportunity to be heard

17 regarding the danger posed by the defendant.

18 ‘‘§ 2264. Restitution

19 ‘‘(a) IN GENERAL.—In addition to any fine or term

20 of imprisonment provided under this chapter, and notwith21 standing section 3663, the court shall order restitution to

22 the victim of an offense under this chapter.

23 ‘‘(b) SCOPE AND NATURE OF ORDER.—(1) An order

24 of restitution under this section shall direct that—
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1 ‘‘(A) the defendant pay to the victim (through

2 the appropriate court mechanism) the full amount of

3 the victim’s losses as determined by the court, pursu4 ant to paragraph (2); and

5 ‘‘(B) the United States Attorney enforce the res6 titution order by all available and reasonable means.

7 ‘‘(2) For purposes of this subsection, the term ‘full

8 amount of the victim’s losses’ includes any costs incurred

9 by the victim for—

10 ‘‘(A) medical services relating to physical, psy11 chiatric, or psychological care;

12 ‘‘(B) physical and occupational therapy or reha13 bilitation;

14 ‘‘(C) lost income;

15 ‘‘(D) attorneys’ fees, plus any costs incurred in

16 obtaining a civil protection order; and

17 ‘‘(E) any other losses suffered by the victim as

18 a proximate result of the offense.

19 ‘‘(3) A restitution order under this section is manda20 tory. A court may not decline to issue an order under this

21 section because of—

22 ‘‘(A) the economic circumstances of the defend23 ant; or
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1 ‘‘(B) the fact that victim has, or is entitled to,

2 receive compensation for his or her injuries from the

3 proceeds of insurance.

4 ‘‘(4)(A) Notwithstanding paragraph (3), the court may

5 take into account the economic circumstances of the defend6 ant in determining the manner in which and the schedule

7 according to which the restitution is to be paid, including—

8 ‘‘(i) the financial resources and other assets of

9 the defendant;

10 ‘‘(ii) projected earnings, earning capacity, and

11 other income of the defendant; and

12 ‘‘(iii) any financial obligations of the offender,

13 including obligations to dependents.

14 ‘‘(B) An order under this section may direct the de15 fendant to make a single lump-sum payment, or partial

16 payments at specified intervals. The order shall provide

17 that the defendant’s restitutionary obligation takes priority

18 over any criminal fine ordered.

19 ‘‘(C) If the victim has recovered for any amount of loss

20 through the proceeds of insurance or any other source, the

21 order of restitution shall provide that restitution be paid

22 to the person who provided the compensation, but that res23 titution shall be paid to the victim for the victim’s other

24 losses before any restitution is paid to any other provider

25 of compensation.
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1 ‘‘(5) Any amount paid to a victim under this section

2 shall be set off against any amount later recovered as com3 pensatory damages by the victim from the defendant in—

4 ‘‘(A) any Federal civil proceeding; and

5 ‘‘(B) any State civil proceeding, to the extent

6 provided by the law of the State.

7 ‘‘(c) PROOF OF CLAIM.—(1) Within 60 days after con8 viction and, in any event, no later than 10 days prior to

9 sentencing, the United States Attorney (or the United States

10 Attorney’s delegee), after consulting with the victim, shall

11 prepare and file an affidavit with the court listing the

12 amounts subject to restitution under this section. The affi13 davit shall be signed by the United States Attorney (or the

14 United States Attorney’s delegee) and the victim. Should

15 the victim object to any of the information included in the

16 affidavit, the United States Attorney (or the United States

17 Attorney’s delegee) shall advise the victim that the victim

18 may file a separate affidavit and shall provide the victim

19 with an affidavit form which may be used to do so.

20 ‘‘(2) If no objection is raised by the defendant, the

21 amounts attested to in the affidavit filed pursuant to para22 graph (1) shall be entered in the court’s restitution order.

23 If objection is raised, the court may require the victim or

24 the United States Attorney (or the United States Attorney’s
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1 delegee) to submit further affidavits or other supporting

2 documents, demonstrating the victim’s losses.

3 ‘‘(3) If the court concludes, after reviewing the support4 ing documentation and considering the defendant’s objec5 tions, that there is a substantial reason for doubting the

6 authenticity or veracity of the records submitted, the court

7 may require additional documentation or hear testimony

8 on those questions. Any records filed, or testimony heard,

9 pursuant to this subsection, shall be in camera in the

10 judge’s chambers.

11 ‘‘(4) If the victim’s losses are not ascertainable 10 days

12 prior to sentencing as provided in subsection (c)(1), the

13 United States Attorney (or the United States Attorney’s

14 delegee) shall so inform the court, and the court shall set

15 a date for the final determination of the victim’s losses, not

16 to exceed 90 days after sentencing. If the victim subse17 quently discovers further losses, the victim shall have 60

18 days after discovery of those losses in which to petition the

19 court for an amended restitution order. Such an order may

20 be granted only upon a showing of good cause for the failure

21 to include such losses in the initial claim for restitutionary

22 relief.

23 ‘‘(d) RESTITUTION AND CRIMINAL PENALTIES.—An

24 award of restitution to the victim of an offense under this
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1 chapter shall not be a substitute for imposition of punish2 ment under sections 2261 and 2262.

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

4 term ‘victim’ includes the person harmed as a result of a

5 commission of a crime under this chapter, including, in the

6 case of a victim who is under 18 years of age, incompetent,

7 incapacitated, or deceased, the legal guardian of the victim

8 or representative of the victim’s estate, another family mem9 ber, or any other person appointed as suitable by the court,

10 but in no event shall the defendant be named as such a

11 representative or guardian.

12 ‘‘§ 2265. Full faith and credit given to protection or13 ders

14 ‘‘(a) FULL FAITH AND CREDIT.—Any protection order

15 issued consistent with subsection (b) by the court of 1 State

16 (the issuing State) shall be accorded full faith and credit

17 by the court of another State (the enforcing State) and en18 forced as if it were the order of the enforcing State.

19 ‘‘(b) PROTECTION ORDER.—(1) A protection order is20 sued by a State court is consistent with this subsection if—

21 ‘‘(A) the court has jurisdiction over the parties

22 and matter under the law of the State; and

23 ‘‘(B) reasonable notice and opportunity to be

24 heard is given to the person against whom the order
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1 is sought sufficient to protect that person’s right to

2 due process.

3 ‘‘(2) In the case of an order under paragraph (1) that

4 is issued ex parte, notice and opportunity to be heard shall

5 be provided within the time required by State law, and in

6 any event within a reasonable time after the order is issued,

7 sufficient to protect the respondent’s due process rights.

8 ‘‘(c) CROSS- OR COUNTER-PETITION.—A protection

9 order issued by a State court against one who has peti10 tioned, filed a complaint, or otherwise filed a written plead11 ing for protection against abuse by a spouse or intimate

12 partner is not entitled to full faith and credit if—

13 ‘‘(1) no cross- or counter-petition, complaint, or

14 other written pleading was filed seeking such a pro15 tection order; or

16 ‘‘(2) if a cross- or counter-petition has been filed,

17 if the court did not make specific findings that each

18 party was entitled to such an order.

19 ‘‘§ 2266. Definitions

20 ‘‘As used in this chapter—

21 ‘‘(1) the term ‘spouse or intimate partner’ in22 cludes—

23 ‘‘(A) a present or former spouse, a person

24 who shares a child in common with an abuser,
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1 and a person who cohabits or has cohabited with

2 an abuser as a spouse; and

3 ‘‘(B) any other person similarly situated to

4 a spouse who is protected by the domestic or

5 family violence laws of the State in which the in6 jury occurred or where the victim resides, or any

7 other adult person who is protected from an

8 abuser’s acts under the domestic or family vio9 lence laws of the State in which the injury oc10 curred or where the victim resides;

11 ‘‘(2) the term ‘protection order’ includes an in12 junction or other order issued for the purpose of pre13 venting violent or threatening acts by 1 spouse

14 against his or her spouse or intimate partner, includ15 ing a temporary or final order issued by a civil or

16 criminal court (other than a support or child custody

17 order or provision) whether obtained by filing an

18 independent action or as a pendente lite order in an19 other proceeding, so long as, in the case of a civil

20 order, the order was issued in response to a com21 plaint, petition, or motion filed by or on behalf of an

22 abused spouse or intimate partner;

23 ‘‘(3) the term ‘act that injures’ includes any act,

24 except one done in self-defense, that results in phys25 ical injury or sexual abuse;
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1 ‘‘(4) the term ‘State’ includes a State of the

2 United States, the District of Columbia, and any In3 dian tribe, commonwealth, territory, or possession of

4 the United States; and

5 ‘‘(5) the term ‘travel across a State line’ includes

6 any travel except travel across a State line by an In7 dian tribal member when that member remained at

8 all times on tribal lands.’’.

9 (b) TECHNICAL AMENDMENT.—The part analysis for

10 part 1 of title 18, United States Code, is amended by insert11 ing after the item for chapter 110 the following new item:

‘‘110A. Violence against spouses ....................................................... 2261.’’.

12 Subtitle C—Arrest in Spousal Abuse

13 Cases

14 SEC. 231. ENCOURAGING ARREST POLICIES.

15 The Family Violence Prevention and Services Act (42

16 U.S.C. 10401 et seq.), as amended by section 211, is amend17 ed by adding at the end the following new section:

18 ‘‘SEC. 317. ENCOURAGING ARREST POLICIES.

19 ‘‘(a) PURPOSE.—To encourage States, Indian tribes

20 and localities to treat spousal violence as a serious violation

21 of criminal law, the Secretary may make grants to eligible

22 States, Indian tribes, municipalities, or local government

23 entities for the following purposes:
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1 ‘‘(1) To implement pro-arrest programs and

2 policies in police departments and to improve track3 ing of cases involving spousal abuse.

4 ‘‘(2) To centralize police enforcement, prosecu5 tion, or judicial responsibility for, spousal abuse cases

6 in one group or unit of police officers, prosecutors, or

7 judges.

8 ‘‘(3) To coordinate computer tracking systems to

9 ensure communication between police, prosecutors,

10 and both criminal and family courts.

11 ‘‘(4) To educate judges in criminal and other

12 courts about spousal abuse and to improve judicial

13 handling of such cases.

14 ‘‘(b) ELIGIBILITY.—(1) Eligible grantees are those

15 States, Indian tribes, municipalities or other local govern16 ment entities that—

17 ‘‘(A) demonstrate, through arrest and conviction

18 statistics, that their laws or policies have been effec19 tive in significantly increasing the number of arrests

20 made of spouse abusers;

21 ‘‘(B) certify that their laws or official policies—

22 ‘‘(i) mandate arrest of spouse abusers based

23 on probable cause that violence has been commit24 ted; or
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1 ‘‘(ii) permit warrantless arrests of spouse

2 abusers, encourage the use of that authority, and

3 mandate arrest of spouses violating the terms of

4 a valid and outstanding protection order;

5 ‘‘(C) demonstrate that their laws, policies, prac6 tices and training programs discourage ‘dual’ arrests

7 of abused and abuser;

8 ‘‘(D) certify that their laws, policies, and prac9 tices prohibit issuance of mutual protection orders in

10 cases where only one spouse has sought a protection

11 order, and require findings of mutual aggression to

12 issue mutual protection orders in cases where both

13 parties file a claim; and

14 ‘‘(E) certify that their laws, policies, and prac15 tices do not require, in connection with the prosecu16 tion of any misdemeanor or felony spouse abuse of17 fense, that the abused bear the costs associated with

18 the filing of criminal charges or the service of such

19 charges on an abuser; or that the abused bear the costs

20 associated with the issuance or service of a warrant,

21 protection order or witness subpoena.

22 ‘‘(2) For purposes of this section—

23 ‘‘(A) the term ‘protection order’ includes any in24 junction issued for the purpose of preventing violent

25 or threatening acts of spouse abuse, including a tem-
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1 porary or final order issued by civil or criminal

2 courts (other than support or child custody orders or

3 provisions) whether obtained by filing an independent

4 action or as a pendente lite order in another proceed5 ing; and

6 ‘‘(B) the term ‘spousal or spouse abuse’ includes

7 a felony or misdemeanor offense committed by a cur8 rent or former spouse of the victim, a person with

9 whom the victim shares a child in common, a person

10 who is cohabiting with or has cohabited with the vic11 tim as a spouse, a person similarly situated to a

12 spouse of the victim under the domestic or family vio13 lence laws of the jurisdiction receiving grant monies,

14 or committed by any other adult person upon a vic15 tim who is protected from that person’s acts under the

16 domestic or family violence laws of the jurisdiction

17 receiving grant monies.

18 ‘‘(3) The eligibility requirements provided in this sec19 tion shall take effect on the date that is 1 year after the

20 date of enactment of this section.

21 ‘‘(c) DELEGATION AND AUTHORIZATION.—The Sec22 retary shall delegate to the Attorney General of the United

23 States the Secretary’s responsibilities for carrying out this

24 section. There are authorized to be appropriated not in ex-
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1 cess of $25,000,000 for each fiscal year to be used for the

2 purpose of making grants under this section.

3 ‘‘(d) APPLICATION.—An eligible grantee shall submit

4 an application to the Secretary. Such an application

5 shall—

6 ‘‘(1) contain a certification by the chief executive

7 officer of the State, Indian tribe, municipality, or

8 local government entity that the conditions of sub9 section (b) are met;

10 ‘‘(2) describe the entity’s plans to further the

11 purposes listed in subsection (a);

12 ‘‘(3) identify the agency or office or groups of

13 agencies or offices responsible for carrying out the

14 program; and

15 ‘‘(4) identify and include documentation show16 ing the nonprofit nongovernmental victim services

17 programs that will be consulted in developing, and

18 implementing, the program.

19 ‘‘(e) PRIORITY.—In awarding grants under this sec20 tion, the Secretary shall give priority to a grantee that—

21 ‘‘(1) does not currently provide for centralized

22 handling of cases involving spousal or family violence

23 in any one of the areas listed in this subsection—po24 lice, prosecutors, and courts; and
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1 ‘‘(2) demonstrates a commitment to strong en2 forcement of laws, and prosecution of cases, involving

3 spousal or family violence.

4 ‘‘(f) REPORTING.—Each grantee receiving funds under

5 this section shall submit a report to the Secretary evaluat6 ing the effectiveness of the plan described in subsection

7 (d)(2) and containing such additional information as the

8 Secretary may prescribe.

9 ‘‘(g) REGULATIONS.—No later than 45 days after the

10 date of enactment of this section, the Secretary shall publish

11 proposed regulations implementing this section. No later

12 than 120 days after such date, the Secretary shall publish

13 final regulations implementing this section.’’.

14 Subtitle D—DOMESTIC VIOLENCE,

15 FAMILY SUPPORT, AND SHEL16 TER GRANTS

17 SEC. 241. DOMESTIC VIOLENCE AND FAMILY SUPPORT

18 GRANT PROGRAM.

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

20 strengthen and improve State and local efforts to prevent

21 and punish domestic violence and other criminal and un22 lawful acts that particularly affect women, and to assist

23 and protect the victims of such crimes and acts.

24 (b) AUTHORIZATION OF GRANTS.—The Secretary of

25 Health and Human Services shall make grants to support
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1 projects and programs relating to domestic violence and

2 other criminal and unlawful acts that particularly affect

3 women, including support of—

4 (1) training and policy development programs

5 for law enforcement officers and prosecutors concern6 ing the investigation and prosecution of domestic vio7 lence;

8 (2) law enforcement and prosecutorial units and

9 teams that target domestic violence;

10 (3) model, innovative, and demonstration law

11 enforcement programs relating to domestic violence

12 that involve pro-arrest and aggressive prosecution

13 policies;

14 (4) model, innovative, and demonstration pro15 grams for the effective utilization and enforcement of

16 protective orders;

17 (5) programs addressing stalking and persistent

18 menacing;

19 (6) victim services programs for victims of do20 mestic violence;

21 (7) educational and informational programs re22 lating to domestic violence;

23 (8) resource centers providing information, tech24 nical assistance, and training to domestic violence

25 service providers, agencies, and programs;
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1 (9) coalitions of domestic violence service provid2 ers, agencies, and programs;

3 (10) training programs for judges and court per4 sonnel in relation to cases involving domestic vio5 lence;

6 (11) enforcement of child support obligations, in7 cluding cooperative efforts and arrangements of States

8 to improve enforcement in cases involving interstate

9 elements; and

10 (12) shelters that provide services for victims of

11 domestic violence and related programs.

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

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

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

15 (1) 1 percent shall be set aside for each partici16 pating State; and

17 (2) the remainder shall be allocated to the par18 ticipating States in proportion to their populations;

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

20 (d) DISCRETIONARY GRANTS.—Of the amount appro21 priated in each fiscal year, 20 percent shall be set aside

22 in a discretionary fund to provide grants to public and pri23 vate agencies to further the purposes and objectives set forth

24 in subsections (a) and (b).
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1 (e) APPLICATION FOR FORMULA GRANTS.—To request

2 a grant under subsection (c), the chief executive officer of

3 a State must, in each fiscal year, submit to the Secretary

4 a plan for addressing domestic violence and other criminal

5 and unlawful acts that particularly affect women in the

6 State, including a specification of the uses to which funds

7 provided under subsection (c) will be put in carrying out

8 the plan. The application must include—

9 (1) certification that the Federal funding pro10 vided will be used to supplement and not supplant

11 State and local funds;

12 (2) certification that any requirement of State

13 law for review by the State legislature or a designated

14 body, and any requirement of State law for public no15 tice and comment concerning the proposed plan, have

16 been satisfied; and

17 (3) provisions for fiscal control, management,

18 recordkeeping, and submission of reports in relation

19 to funds provided under this section that are consist20 ent with requirements prescribed for the program.

21 (f) CONDITIONS ON GRANTS.—

22 (1) MATCHING FUNDS.—Grants under subsection

23 (c) may be for up to 50 percent of the overall cost of

24 a project or program funded. Discretionary grants
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1 under subsection (d) may be for up to 100 percent of

2 the overall cost of a project or program funded.

3 (2) DURATION OF GRANTS.—Grants under sub4 section (c) may be provided in relation to a particu5 lar project or program for up to an aggregate maxi6 mum period of 4 years.

7 (3) LIMIT ON ADMINISTRATIVE COSTS.—Not

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

9 may be used for costs incurred to administer the

10 grant.

11 (g) EVALUATION.—The Secretary shall have the au12 thority to carry out evaluations of programs funded under

13 this section. The recipient of any grant under this section

14 may be required to include an evaluation component to de15 termine the effectiveness of the project or program funded

16 that is consistent with guidelines issued by the Secretary.

17 (h) REPORT.—The Secretary shall submit an annual

18 report to Congress concerning the operation and effective19 ness of the program under this section.

20 (i) AUTHORIZATION OF APPROPRIATIONS.—There are

21 authorized to be appropriated to carry out this section—

22 (1) $100,000,000 for each of fiscal years 1994,

23 1995, and 1996; and

24 (2) such sums as are necessary for each fiscal

25 year thereafter.
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1 (j) AUTHORIZATION OF APPROPRIATIONS FOR THE

2 FAMILY VIOLENCE PREVENTION AND SERVICES ACT.—Sec3 tion 310(a) of the Family Violence Prevention and Services

4 Act (42 U.S.C. 10409(a)) is amended to read as follows:

5 ‘‘(a) IN GENERAL.—There are authorized to be appro6 priated to carry out this title $85,000,000 for fiscal year

7 1994, $100,000,000 for fiscal year 1995, and $125,000,000

8 for fiscal year 1996.’’.

9 Subtitle E—Family Violence Preven10 tion and Services Act Amend11 ments

12 SEC. 251. GRANTEE REPORTING.

13 (a) SUBMISSION OF APPLICATION.—Section

14 303(a)(2)(C) of the Family Violence Prevention and Serv15 ices Act (42 U.S.C. 10402(a)(2)(C)) is amended by insert16 ing ‘‘and a plan to address the needs of underserved popu17 lations, including populations underserved because of eth18 nic, racial, cultural, language diversity or geographic isola19 tion’’ after ‘‘such State’’.

20 (b) APPROVAL OF APPLICATION.—Section 303(a) of the

21 Family Violence Prevention and Services Act (42 U.S.C.

22 10402(a)) is amended by adding at the end the following

23 new paragraph:

24 ‘‘(4) Upon completion of the activities funded by

25 a grant under this subpart, the State grantee shall
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1 file a performance report with the Director explaining

2 the activities carried out together with an assessment

3 of the effectiveness of those activities in achieving the

4 purposes of this subpart. A section of this perform5 ance report shall be completed by each grantee or

6 subgrantee that performed the direct services con7 templated in the application certifying performance

8 of direct services under the grant. The Director shall

9 suspend funding for an approved application if an

10 applicant fails to submit an annual performance re11 port or if the funds are expended for purposes other

12 than those set forth under this subpart, after following

13 the procedures set forth in paragraph (3). Federal

14 funds may be used only to supplement, not supplant,

15 State funds.’’.

16 Subtitle F—Youth Education and

17 Domestic Violence

18 SEC. 261. EDUCATING YOUTH ABOUT DOMESTIC VIOLENCE.

19 The Family Violence Prevention and Services Act (42

20 U.S.C. 10401 et seq.), as amended by section 231, is amend21 ed by adding at the end the following new section:

22 ‘‘SEC. 318. EDUCATING YOUTH ABOUT DOMESTIC VIO23 LENCE.

24 ‘‘(a) GENERAL PURPOSE.—For purposes of this sec25 tion, the Secretary shall delegate the Secretary’s powers to
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1 the Secretary of Education (hereafter in this section referred

2 to as the ‘Secretary’). The Secretary shall select, implement

3 and evaluate 4 model programs for education of young peo4 ple about domestic violence and violence among intimate

5 partners.

6 ‘‘(b) NATURE OF PROGRAM.—The Secretary shall se7 lect, implement and evaluate separate model programs for

8 4 different audiences: primary schools, middle schools, sec9 ondary schools, and institutions of higher education. The

10 model programs shall be selected, implemented, and evalu11 ated in the light of the comments of educational experts,

12 legal and psychological experts on battering, and victim ad13 vocate organizations such as battered women’s shelters,

14 State coalitions and resource centers. The participation of

15 each of those groups or individual consultants from such

16 groups is essential to the selection, implementation, and

17 evaluation of programs that meet both the needs of edu18 cational institutions and the needs of the domestic violence

19 problem.

20 ‘‘(c) REVIEW AND DISSEMINATION.—Not later than 2

21 years after the date of enactment of this section, the Sec22 retary shall transmit the design and evaluation of the model

23 programs, along with a plan and cost estimate for nation24 wide distribution, to the relevant committees of Congress

25 for review.
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $400,000 for fiscal year 1994.’’.

4 Subtitle G—Confidentiality for

5 Abused Persons

6 SEC. 271. CONFIDENTIALITY OF ABUSED PERSON’S AD7 DRESS.

8 Not later than 90 days after enactment of this Act,

9 the United States Postal Service shall promulgate regula10 tions to secure the confidentiality of domestic violence shel11 ters and abused persons’ addresses consistent with the fol12 lowing guidelines:

13 (1) Confidentiality shall be provided to a person

14 upon the presentation to an appropriate postal offi15 cial of a valid court order or a police report docu16 menting abuse.

17 (2) Confidentiality shall be provided to any do18 mestic violence shelter upon presentation to an appro19 priate postal authority of proof from a State domestic

20 violence coalition (within the meaning of section 311

21 of the Family Violence Prevention and Services Act

22 (42 U.S.C. 10410)) verifying that the organization is

23 a domestic violence shelter.
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1 (3) Disclosure of addresses to State or Federal

2 agencies for legitimate law enforcement or other gov3 ernmental purposes shall not be prohibited.

4 (4) Compilations of addresses existing at the

5 time the order is presented to an appropriate postal

6 official shall be excluded from the scope of the pro7 posed regulations.

8 Subtitle H—Technical Amendments

9 SEC. 281. DEFINITIONS.

10 Section 309(5)(B) of the Family Violence Prevention

11 and Services Act (42 U.S.C. 10408(5)(B)) is amended by

12 inserting ‘‘or other supportive services’’ before ‘‘by peers in13 dividually or in groups,’’.

14 SEC. 282. SPECIAL ISSUE RESOURCE CENTERS.

15 (a) GRANTS.—Section 308(a)(2) of the Family Vio16 lence Prevention and Services Act (42 U.S.C. 10407(a)(2))

17 is amended by striking ‘‘six’’ and inserting ‘‘seven’’.

18 (b) FUNCTIONS.—Section 308(c) of the Family Vio19 lence Prevention and Services Act (42 U.S.C. 10407(c)) is

20 amended—

21 (1) by striking the period at the end of para22 graph (6) and inserting ‘‘, including the issuance and

23 enforcement of protection orders.’’; and

24 (2) by adding at the end the following new para25 graph:
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1 ‘‘(7) Providing technical assistance and training

2 to State domestic violence coalitions.’’.

3 SEC. 283. STATE DOMESTIC VIOLENCE COALITIONS.

4 Section 311(a) of the Family Violence Prevention and

5 Services Act (42 U.S.C. 10410(a)) is amended—

6 (1) by redesignating paragraphs (1), (2), (3),

7 and (4) as paragraphs (2), (3), (4), and (5);

8 (2) by inserting before paragraph (2), as redesig9 nated by paragraph (1), the following new paragraph:

10 ‘‘(1) working with local domestic violence pro11 grams and providers of direct services to encourage

12 appropriate responses to domestic violence within the

13 State, including—

14 ‘‘(A) training and technical assistance for

15 local programs and professionals working with

16 victims of domestic violence;

17 ‘‘(B) planning and conducting State needs

18 assessments and planning for comprehensive

19 services;

20 ‘‘(C) serving as an information clearing21 house and resource center for the State; and

22 ‘‘(D) collaborating with other governmental

23 systems which affect battered women;’’;

24 (3) in paragraph (2)(K), as redesignated by

25 paragraph (1), by striking ‘‘and court officials and
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1 other professionals’’ and inserting ‘‘, judges, court of2 ficers and other criminal justice professionals,’’;

3 (4) in paragraph (3), as redesignated by para4 graph (1)—

5 (A) by inserting ‘‘, criminal court judges,’’

6 after ‘‘family law judges,’’ each place it appears;

7 (B) in subparagraph (F), by inserting ‘‘cus8 tody’’ after ‘‘temporary’’; and

9 (C) in subparagraph (H), by striking ‘‘su10 pervised visitations that do not endanger victims

11 and their children,’’ and inserting ‘‘supervised

12 visitations or denial of visitation to protect

13 against danger to victims or their children’’; and

14 (5) in paragraph (4), as redesignated by para15 graph (1), by inserting ‘‘, including information

16 aimed at underserved racial, ethnic or language-mi17 nority populations’’ before the semicolon.

18 Subtitle I—Data and Research

19 SEC. 291. RESEARCH AGENDA.

20 (a) REQUEST FOR CONTRACT.—The Director of the

21 National Institute of Justice shall request the National

22 Academy of Sciences, through its National Research Coun23 cil, to enter into a contract to develop a research agenda

24 to increase the understanding and control of violence

25 against women, including rape and domestic violence. In
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1 furtherance of the contract, the National Academy shall con2 vene a panel of nationally recognized experts on violence

3 against women, in the fields of law, medicine, criminal jus4 tice and the social sciences. In setting the agenda, the Acad5 emy shall focus primarily upon preventive, educative, so6 cial, and legal strategies. Nothing in this section shall be

7 construed to invoke the terms of the Federal Advisory Com8 mittee Act.

9 (b) DECLINATION OF REQUEST.—If the National

10 Academy of Sciences declines to conduct the study and de11 velop a research agenda, it shall recommend a nonprofit

12 private entity that is qualified to conduct such a study. In

13 that case, the Director of the National Institute of Justice

14 shall carry out subsection (a) through the nonprofit private

15 entity recommended by the Academy. In either case, wheth16 er the study is conducted by the National Academy of

17 Sciences or by the nonprofit group it recommends, the funds

18 for the contract shall be made available from sums appro19 priated for the conduct of research by the National Institute

20 of Justice.

21 (c) REPORT.—The Director of the National Institute

22 of Justice shall ensure that no later than 9 months after

23 the date of enactment of this Act, the study required under

24 subsection (a) is completed and a report describing the find25 ings made is submitted to the Committee on the Judiciary
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1 of the House of Representatives, the Committee on the Judi2 ciary of the Senate, and the Attorney General’s Task Force

3 on Violence Against Women.

4 SEC. 292. STATE DATABASES.

5 (a) IN GENERAL.—The National Institute of Justice,

6 in conjunction with the Bureau of Justice Statistics, shall

7 study and report to the States and to Congress on how the

8 States may collect centralized databases on the incidence

9 of domestic violence offenses within a State.

10 (b) CONSULTATION.—In conducting its study, the Na11 tional Institute of Justice shall consult persons expert in

12 the collection of criminal justice data, State statistical ad13 ministrators, law enforcement personnel, and nonprofit

14 nongovernmental agencies that provide direct services to

15 victims of domestic violence. The Institute’s final report

16 shall set forth the views of the persons consulted on the Insti17 tute’s recommendations.

18 (c) REPORT.—The Director of the National Institute

19 of Justice shall ensure that no later than 9 months after

20 the date of enactment of this Act, the study required under

21 subsection (a) is completed and a report describing the find22 ings made is submitted to the Committee on the Judiciary

23 of the House of Representatives and the Committee on the

24 Judiciary of the Senate.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized such sums as are necessary to carry out this

3 section.

4 SEC. 293. NUMBER AND COST OF INJURIES.

5 (a) STUDY.—The Secretary of Health and Human

6 Services, acting through the Centers for Disease Control In7 jury Control Division, shall conduct a study to obtain a

8 national projection of the incidence of injuries resulting

9 from domestic violence, the cost of injuries to health care

10 facilities, and recommend health care strategies for reducing

11 the incidence and cost of such injuries.

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated to carry out this section

14 $100,000 for fiscal year 1994.

15 TITLE III—CIVIL RIGHTS

16 SEC. 301. SHORT TITLE.

17 This title may be cited as the ‘‘Civil Rights Remedies

18 for Gender-Motivated Violence Act’’.

19 SEC. 302. CIVIL RIGHTS.

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

21 (1) crimes motivated by the victim’s gender con22 stitute bias crimes in violation of the victim’s right

23 to be free from discrimination on the basis of gender;

24 (2) current law provides a civil rights remedy

25 for gender crimes committed in the workplace, but not
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1 for gender crimes committed on the street or in the

2 home;

3 (3) State and Federal criminal laws do not ade4 quately protect against the bias element of gender-mo5 tivated crimes, which separates these crimes from acts

6 of random violence, nor do those laws adequately pro7 vide victims of gender-motivated crimes the oppor8 tunity to vindicate their interests;

9 (4) existing bias and discrimination in the

10 criminal justice system often deprives victims of gen11 der-motivated crimes of equal protection of the laws

12 and the redress to which they are entitled;

13 (5) gender-motivated violence has a substantial

14 adverse effect on interstate commerce, by deterring po15 tential victims from traveling interstate, from engag16 ing in employment in interstate business, and from

17 transacting with business, and in places involved, in

18 interstate commerce;

19 (6) gender-motivated violence has a substantial

20 adverse effect on interstate commerce, by diminishing

21 national productivity, increasing medical and other

22 costs, and decreasing the supply of and the demand

23 for interstate products;

24 (7) a Federal civil rights action as specified in

25 this section is necessary to guarantee equal protection
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1 of the laws and to reduce the substantial adverse ef2 fects of gender-motivated violence on interstate com3 merce; and

4 (8) victims of gender-motivated violence have a

5 right to equal protection of the laws, including a sys6 tem of justice that is unaffected by bias or discrimi7 nation and that, at every relevant stage, treats such

8 crimes as seriously as other violent crimes.

9 (b) RIGHT TO BE FREE FROM CRIMES OF VIO10 LENCE.—All persons within the United States shall have

11 the right to be free from crimes of violence motivated by

12 gender (as defined in subsection (d)).

13 (c) CAUSE OF ACTION.—A person (including a person

14 who acts under color of any statute, ordinance, regulation,

15 custom, or usage of any State) who commits a crime of vio16 lence motivated by gender and thus deprives another of the

17 right declared in subsection (b) shall be liable to the party

18 injured, in an action for the recovery of compensatory and

19 punitive damages, injunctive and declaratory relief, and

20 such other relief as a court may deem appropriate.

21 (d) DEFINITIONS.—For purposes of this section—

22 (1) the term ‘‘crime of violence motivated by gen23 der’’ means a crime of violence committed because of

24 gender or on the basis of gender; and due, at least in

25 part, to an animus based on the victim’s gender;
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1 (2) the term ‘‘crime of violence’’ means—

2 (A) an act or series of acts that would con3 stitute a felony against the person or that would

4 constitute a felony against property if the con5 duct presents a serious risk of physical injury to

6 another, and that would come within the mean7 ing of State or Federal offenses described in sec8 tion 16 of title 18, United States Code, whether

9 or not those acts have actually resulted in crimi10 nal charges, prosecution, or conviction and

11 whether or not those acts were committed in the

12 special maritime, territorial, or prison jurisdic13 tion of the United States; and

14 (B) includes an act or series of acts that

15 would constitute a felony described in subpara16 graph (A) but for the relationship between the

17 person who takes such action and the individual

18 against whom such action is taken.

19 (e) LIMITATION AND PROCEDURES.—

20 (1) LIMITATION.—Nothing in this section entitles

21 a person to a cause of action under subsection (c) for

22 random acts of violence unrelated to gender or for

23 acts that cannot be demonstrated, by a preponderance

24 of the evidence, to be motivated by gender (within the

25 meaning of subsection (d)).
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1 (2) NO PRIOR CRIMINAL ACTION.—Nothing in

2 this section requires a prior criminal complaint,

3 prosecution, or conviction to establish the elements of

4 a cause of action under subsection (c).

5 (3) CONCURRENT JURISDICTION.—The Federal

6 and State courts shall have concurrent jurisdiction

7 over actions brought pursuant to this title.

8 (4) PENDENT JURISDICTION.—Neither section

9 1367 of title 28, United States Code, nor subsection

10 (c) of this section shall be construed, by reason of a

11 claim arising under such subsection, to confer on the

12 courts of the United States jurisdiction over any

13 State law claim seeking the establishment of a di14 vorce, alimony, equitable distribution of marital

15 property, or child custody decree.

16 (5) LIMITATION ON REMOVAL.—Section 1445 of

17 title 28, United States Code, is amended by adding

18 at the end the following new subsection:

19 ‘‘(d) A civil action in any State court arising under

20 section 302 of the Violence Against Women Act of 1993 may

21 not be removed to any district court of the United States.’’.

22 SEC. 303. ATTORNEY’S FEES.

23 Section 722 of the Revised Statutes (42 U.S.C. 1988)

24 is amended in the last sentence—
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1 (1) by striking ‘‘or’’ after ‘‘Public Law 92–318,’’;

2 and

3 (2) by inserting ‘‘, or title III of the Violence

4 Against Women Act of 1993,’’ after ‘‘1964’’.

5 SEC. 304. SENSE OF THE SENATE CONCERNING PROTEC6 TION OF THE PRIVACY OF RAPE VICTIMS.

7 (a) FINDINGS AND DECLARATION.—The Congress finds

8 and declares that—

9 (1) there is a need for a strong and clear Federal

10 response to violence against women, particularly with

11 respect to the crime of rape;

12 (2) rape is an abominable and repugnant crime,

13 and one that is severely underreported to law enforce14 ment authorities because of its stigmatizing nature;

15 (3) the victims of rape are often further victim16 ized by a criminal justice system that is insensitive

17 to the trauma caused by the crime and are increas18 ingly victimized by news media that are insensitive

19 to the victim’s emotional and psychological needs;

20 (4) rape victims’ need for privacy should be

21 respected;

22 (5) rape victims need to be encouraged to come

23 forward and report the crime of rape without fear of

24 being revictimized through involuntary public disclo25 sure of their identities;
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1 (6) rape victims need a reasonable expectation

2 that their physical safety will be protected against re3 taliation or harassment by an assailant;

4 (7) the news media should, in the exercise of

5 their discretion, balance the public’s interest in know6 ing facts reported by free news media against impor7 tant privacy interests of a rape victim, and an abso8 lutist view of the public interest leads to insensitivity

9 to a victim’s privacy interest; and

10 (8) the public’s interest in knowing the identity

11 of a rape victim is small compared with the interests

12 of maintaining the privacy of rape victims and en13 couraging rape victims to report and assist in the

14 prosecution of the crime of rape.

15 (b) SENSE OF THE SENATE.—It is the sense of the Sen16 ate that news media, law enforcement officers, and other

17 persons should exercise restraint and respect a rape victim’s

18 privacy by not disclosing the victim’s identity to the general

19 public or facilitating such disclosure without the consent

20 of the victim.

21 TITLE IV—SAFE CAMPUSES FOR

22 WOMEN

23 SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

24 Section 1541(i) of the Higher Education Amendments

25 of 1992 (20 U.S.C. 1145h(i)) is amended to read as follows:
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1 ‘‘(i) For the purpose of carrying out this part, there

2 are authorized to be appropriated $20,000,000 for fiscal

3 year 1994 and such sums as are necessary for fiscal years

4 1995, 1996, and 1997.’’.

5 TITLE V—EQUAL JUSTICE FOR

6 WOMEN IN THE COURTS ACT

7 SECTION 501. SHORT TITLE.

8 This title may be cited as the ‘‘Equal Justice for

9 Women in the Courts Act of 1993’’.

10 Subtitle A—Education and Train11 ing for Judges and Court Per12 sonnel in State Courts

13 SEC. 511. GRANTS AUTHORIZED.

14 The State Justice Institute may award grants for the

15 purpose of developing, testing, presenting, and disseminat16 ing model programs to be used by States in training judges

17 and court personnel in the laws of the States on rape, sexual

18 assault, domestic violence, and other crimes of violence mo19 tivated by the victim’s gender.

20 SEC. 512. TRAINING PROVIDED BY GRANTS.

21 Training provided pursuant to grants made under this

22 subtitle may include current information, existing studies,

23 or current data on—
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1 (1) the nature and incidence of rape and sexual

2 assault by strangers and nonstrangers, marital rape,

3 and incest;

4 (2) the underreporting of rape, sexual assault,

5 and child sexual abuse;

6 (3) the physical, psychological, and economic im7 pact of rape and sexual assault on the victim, the

8 costs to society, and the implications for sentencing;

9 (4) the psychology of sex offenders, their high

10 rate of recidivism, and the implications for sentenc11 ing;

12 (5) the historical evolution of laws and attitudes

13 on rape and sexual assault;

14 (6) sex stereotyping of female and male victims

15 of rape and sexual assault, racial stereotyping of rape

16 victims and defendants, and the impact of such

17 stereotypes on credibility of witnesses, sentencing, and

18 other aspects of the administration of justice;

19 (7) application of rape shield laws and other

20 limits on introduction of evidence that may subject

21 victims to improper sex stereotyping and harassment

22 in both rape and nonrape cases, including the need

23 for sua sponte judicial intervention in inappropriate

24 cross-examination;
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1 (8) the use of expert witness testimony on rape

2 trauma syndrome, child sexual abuse accommodation

3 syndrome, post-traumatic stress syndrome, and simi4 lar issues;

5 (9) the legitimate reasons why victims of rape,

6 sexual assault, and incest may refuse to testify

7 against a defendant;

8 (10) the nature and incidence of domestic vio9 lence;

10 (11) the physical, psychological, and economic

11 impact of domestic violence on the victim, the costs to

12 society, and the implications for court procedures and

13 sentencing;

14 (12) the psychology and self-presentation of

15 batterers and victims and the implications for court

16 proceedings and credibility of witnesses;

17 (13) sex stereotyping of female and male victims

18 of domestic violence, myths about presence or absence

19 of domestic violence in certain racial, ethnic, reli20 gious, or socioeconomic groups, and their impact on

21 the administration of justice;

22 (14) historical evolution of laws and attitudes on

23 domestic violence;

24 (15) proper and improper interpretations of the

25 defenses of self-defense and provocation, and the use
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1 of expert witness testimony on battered woman syn2 drome;

3 (16) the likelihood of retaliation, recidivism, and

4 escalation of violence by batterers, and the potential

5 impact of incarceration and other meaningful sanc6 tions for acts of domestic violence including violations

7 of orders of protection;

8 (17) economic, psychological, social and institu9 tional reasons for victims’ inability to leave the

10 batterer, to report domestic violence or to follow

11 through on complaints, including the influence of lack

12 of support from police, judges, and court personnel,

13 and the legitimate reasons why victims of domestic

14 violence may refuse to testify against a defendant;

15 (18) the need for orders of protection, and the

16 implications of mutual orders of protection, dual ar17 rest policies, and mediation in domestic violence

18 cases;

19 (19) recognition of and response to gender-moti20 vated crimes of violence other than rape, sexual as21 sault and domestic violence, such as mass or serial

22 murder motivated by the gender of the victims; and

23 (20) current information on the impact of por24 nography on crimes against women, or data on other

25 activities that tend to degrade women.
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1 SEC. 513. COOPERATION IN DEVELOPING PROGRAMS IN

2 MAKING GRANTS UNDER THIS TITLE.

3 The State Justice Institute shall ensure that model

4 programs carried out pursuant to grants made under this

5 subtitle are developed with the participation of law enforce6 ment officials, public and private nonprofit victim advo7 cates, legal experts, prosecutors, defense attorneys, and rec8 ognized experts on gender bias in the courts.

9 SEC. 514. AUTHORIZATION OF APPROPRIATIONS.

10 There is authorized to be appropriated to carry out

11 this subtitle $600,000 for fiscal year 1994. Of amounts ap12 propriated under this section, the State Justice Institute

13 shall expend no less than 40 percent on model programs

14 regarding domestic violence and no less than 40 percent on

15 model programs regarding rape and sexual assault.

16 Subtitle B—Education and Train17 ing for Judges and Court Per18 sonnel in Federal Courts

19 SEC. 521. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU20 CATION AND TRAINING GRANTS.

21 (a) STUDY.—In order to gain a better understanding

22 of the nature and the extent of gender bias in the Federal

23 courts, the circuit judicial councils are encouraged to con24 duct studies of the instances, if any, of gender bias in their

25 respective circuits. The studies may include an examination

26 of the effects of gender on—
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1 (1) the treatment of litigants, witnesses, attor2 neys, jurors, and judges in the courts, including before

3 magistrate and bankruptcy judges;

4 (2) the interpretation and application of the law,

5 both civil and criminal;

6 (3) treatment of defendants in criminal cases;

7 (4) treatment of victims of violent crimes;

8 (5) sentencing;

9 (6) sentencing alternatives, facilities for incar10 ceration, and the nature of supervision of probation

11 and parole;

12 (7) appointments to committees of the Judicial

13 Conference and the courts;

14 (8) case management and court sponsored alter15 native dispute resolution programs;

16 (9) the selection, retention, promotion, and treat17 ment of employees;

18 (10) appointment of arbitrators, experts, and

19 special masters; and

20 (11) the aspects of the topics listed in section 512

21 that pertain to issues within the jurisdiction of the

22 Federal courts.

23 (b) CLEARINGHOUSE.—The Judicial Conference of the

24 United States shall designate an entity within the Judicial

25 branch to act as a clearinghouse to disseminate any reports
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1 and materials issued by the gender bias task forces under

2 subsection (a) and to respond to requests for such reports

3 and materials. The gender bias task forces shall provide this

4 entity with their reports and related material.

5 (c) MODEL PROGRAMS.—The Federal Judicial Center,

6 in carrying out section 620(b)(3) of title 28, United States

7 Code, may—

8 (1) include in the educational programs it pre9 sents and prepares, including the training programs

10 for newly appointed judges, information on issues re11 lated to gender bias in the courts including such areas

12 as are listed in subsection (a) along with such other

13 topics as the Federal Judicial Center deems appro14 priate;

15 (2) prepare materials necessary to implement

16 this subsection; and

17 (3) take into consideration the findings and rec18 ommendations of the studies conducted pursuant to

19 subsection (a), and to consult with individuals and

20 groups with relevant expertise in gender bias issues as

21 it prepares or revises such materials.

22 SEC. 522. AUTHORIZATION OF APPROPRIATIONS.

23 (a) IN GENERAL.—There is authorized to be appro24 priated—
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1 (1) $400,000 to the Salaries and Expenses Ac2 count of the Courts of Appeals, District Courts, and

3 other Judicial Services, to carry out section 521(a),

4 to be available until expended through fiscal year

5 1995;

6 (2) $100,000 to the Federal Judicial Center to

7 carry out section 521(c) and any activities designated

8 by the Judicial Conference under section 521(b); and

9 (3) such sums as are necessary to the Adminis10 trative Office of the United States Courts to carry out

11 any activities designated by the Judicial Conference

12 under section 521(b).

13 (b) THE JUDICIAL CONFERENCE OF THE UNITED

14 STATES.—(1) The Judicial Conference of the United States

15 Courts shall allocate funds to Federal circuit courts under

16 this subtitle that—

17 (A) undertake studies in their own circuits; or

18 (B) implement reforms recommended as a result

19 of such studies in their own or other circuits, includ20 ing education and training.

21 (2) Funds shall be allocated to Federal circuits under

22 this subtitle on a first come first serve basis in an amount

23 not to exceed $50,000 on the first application. If within

24 6 months after the date on which funds authorized under

25 this Act become available, funds are still available, circuits
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1 that have received funds may reapply for additional funds,

2 with not more than $200,000 going to any one circuit.

3 TITLE VI—VIOLENCE AGAINST

4 WOMEN ACT IMPROVEMENTS

5 SEC. 601. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.

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

7 amended—

8 (1) by striking ‘‘or’’ at the end of subparagraph

9 (A);

10 (2) by striking the period at the end of subpara11 graph (B) and inserting ‘‘; or’’; and

12 (3) by adding after subparagraph (B) the follow13 ing new subparagraph:

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

15 110.’’.

16 SEC. 602. INCREASED PENALTIES FOR SEX OFFENSES

17 AGAINST VICTIMS BELOW THE AGE OF 16.

18 Section 2245(2) of title 18, United States Code, is

19 amended—

20 (1) by striking ‘‘or’’ at the end of subparagraph

21 (B);

22 (2) by striking ‘‘; and’’ at the end of subpara23 graph (C) and inserting ‘‘; or’’; and

24 (3) by inserting after subparagraph (C) the fol25 lowing new subparagraph:
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1 ‘‘(D) the intentional touching, not through the

2 clothing, of the genitalia of another person who has

3 not attained the age of 16 years with an intent to

4 abuse, humiliate, harass, degrade, or arouse or gratify

5 the sexual desire of any person;’’.

6 SEC. 603. PAYMENT OF COST OF HIV TESTING FOR VICTIMS

7 IN SEX OFFENSE CASES.

8 Section 503(c)(7) of the Victims’ Rights and Restitu9 tion Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by

10 adding at the end the following: ‘‘The Attorney General

11 shall authorize the Director of the Office of Victims of Crime

12 to provide for the payment of the cost of up to two tests

13 of the victim for the human immunodeficiency virus during

14 the 12 months following a serious assault, and the cost of

15 a counseling session by a medically trained professional on

16 the accuracy of such tests and the risk of transmission of

17 the human immunodeficiency virus to the victim as the re18 sult of the assault.’’.

19 SEC. 604. EXTENSION AND STRENGTHENING OF RESTITU20 TION.

21 Section 3663(b) of title 18, United States Code, is

22 amended—

23 (1) in paragraph (2) by inserting ‘‘including an

24 offense under chapter 109A or chapter 110’’ after ‘‘an

25 offense resulting in bodily injury to a victim’’;
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1 (2) by striking ‘‘and’’ at the end of paragraph

2 (3);

3 (3) by redesignating paragraph (4) as para4 graph (5); and

5 (4) by inserting after paragraph (3) the follow6 ing new paragraph:

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

8 income and necessary child care, transportation, and

9 other expenses related to participation in the inves10 tigation or prosecution of the offense or attendance at

11 proceedings related to the offense; and’’.

12 SEC. 605. ENFORCEMENT OF RESTITUTION ORDERS

13 THROUGH SUSPENSION OF FEDERAL BENE14 FITS.

15 Section 3663 of title 18, United States Code, is amend16 ed—

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

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

19 (2) by inserting after subsection (f) the following

20 new subsection:

21 ‘‘(g)(1) If the defendant is delinquent in making res22 titution in accordance with any schedule of payments or

23 any requirement of immediate payment imposed under this

24 section, the court may, after a hearing, suspend the defend25 ant’s eligibility for all Federal benefits until such time as
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1 the defendant demonstrates to the court good-faith efforts

2 to return to such schedule.

3 ‘‘(2) In this subsection—

4 ‘‘(A) ‘Federal benefits’—

5 ‘‘(i) means any grant, contract, loan, pro6 fessional license, or commercial license provided

7 by an agency of the United States or appro8 priated funds of the United States; and

9 ‘‘(ii) does not include any retirement, wel10 fare, Social Security, health, disability, veterans

11 benefit, public housing, or other similar benefit,

12 or any other benefit for which payments or serv13 ices are required for eligibility.

14 ‘‘(B) ‘veterans benefit’ means all benefits pro15 vided to veterans, their families, or survivors by vir16 tue of the service of a veteran in the Armed Forces of

17 the United States.’’.

18 SEC. 606. INADMISSIBILITY OF EVIDENCE TO SHOW PROVO19 CATION OR INVITATION BY VICTIM IN SEX OF20 FENSE CASES.

21 (a) RULE.—The Federal Rules of Evidence, as amend22 ed by section 154, are amended by adding after rule 413

23 the following new rule:
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1 ‘‘Rule 414. Inadmissibility of Evidence to Show Invitation or

2 Provocation by Victim in Sexual Abuse Cases

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

4 an offense involving conduct proscribed by chapter 109A of

5 title 18, United States Code, evidence is not admissible to

6 show that the alleged victim invited or provoked the com7 mission of the offense. This rule does not limit the admis8 sion of evidence of consent by the alleged victim if the issue

9 of consent is relevant to liability and the evidence is other10 wise admissible under these rules.’’.

11 (b) TECHNICAL AMENDMENT.—The table of contents

12 for the Federal Rules of Evidence, as amended by section

13 4, is amended by inserting after the item relating to rule

14 413 the following new item:

‘‘414. Inadmissibility of evidence to show invitation or provocation by victim in

sexual abuse cases.’’.

15 SEC. 607. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL

16 ASSAULT.

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

18 a national baseline study to examine the scope of the prob19 lem of campus sexual assaults and the effectiveness of insti20 tutional and legal policies in addressing such crimes and

21 protecting victims. The Attorney General may utilize the

22 Bureau of Justice Statistics, the National Institute of Jus23 tice, and the Office for Victims of Crime in carrying out

24 this section.
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1 (b) REPORT.—Based on the study required by sub2 section (a), the Attorney General shall prepare a report in3 cluding an analysis of—

4 (1) the number of reported allegations and esti5 mated number of unreported allegations of campus

6 sexual assaults, and to whom the allegations are re7 ported (including authorities of the educational insti8 tution, sexual assault victim service entities, and local

9 criminal authorities);

10 (2) the number of campus sexual assault allega11 tions reported to authorities of educational institu12 tions which are reported to criminal authorities;

13 (3) the number of campus sexual assault allega14 tions that result in criminal prosecution in compari15 son with the number of non-campus sexual assault al16 legations that result in criminal prosecution;

17 (4) Federal and State laws or regulations per18 taining specifically to campus sexual assaults;

19 (5) the adequacy of policies and practices of edu20 cational institutions in addressing campus sexual as21 saults and protecting victims, including consideration

22 of—

23 (A) the security measures in effect at edu24 cational institutions, such as utilization of cam25 pus police and security guards, control over ac-
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1 cess to grounds and buildings, supervision of stu2 dent activities and student living arrangements,

3 control over the consumption of alcohol by stu4 dents, lighting, and the availability of escort

5 services;

6 (B) the articulation and communication to

7 students of the institution’s policies concerning

8 sexual assaults;

9 (C) policies and practices that may prevent

10 or discourage the reporting of campus sexual as11 saults to local criminal authorities, or that may

12 otherwise obstruct justice or interfere with the

13 prosecution of perpetrators of campus sexual

14 assaults;

15 (D) the nature and availability of victim

16 services for victims of campus sexual assaults;

17 (E) the ability of educational institutions’

18 disciplinary processes to address allegations of

19 sexual assault adequately and fairly;

20 (F) measures that are taken to ensure that

21 victims are free of unwanted contact with alleged

22 assailants, and disciplinary sanctions that are

23 imposed when a sexual assault is determined to

24 have occurred; and
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1 (G) the grounds on which educational insti2 tutions are subject to lawsuits based on campus

3 sexual assaults, the resolution of these cases, and

4 measures that can be taken to avoid the likeli5 hood of lawsuits and civil liability;

6 (6) an assessment of the policies and practices of

7 educational institutions that are of greatest effective8 ness in addressing campus sexual assaults and pro9 tecting victims, including policies and practices relat10 ing to the particular issues described in paragraph

11 (5); and

12 (7) any recommendations the Attorney General

13 may have for reforms to address campus sexual as14 saults and protect victims more effectively, and any

15 other matters that the Attorney General deems rel16 evant to the subject of the study and report required

17 by this section.

18 (c) SUBMISSION OF REPORT.—The report required by

19 subsection (b) shall be submitted to the Congress no later

20 than September 1, 1995.

21 (d) DEFINITION.—For purposes of this section, ‘‘cam22 pus sexual assaults’’ includes sexual assaults occurring at

23 institutions of postsecondary education and sexual assaults

24 committed against or by students or employees of such

25 institutions.
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1 (e) AUTHORIZATION OF APPROPRIATION.—There is

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

3 study required by this section.

4 SEC. 608. REPORT ON BATTERED WOMEN’S SYNDROME.

5 (a) REPORT.—The Attorney General shall prepare and

6 transmit to the Congress a report on the status of battered

7 women’s syndrome as a medical and psychological condi8 tion and on its effect in criminal trials. The Attorney Gen9 eral may utilize the National Institute of Justice to obtain

10 information required for the preparation of the report.

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

12 in subsection (a) shall include—

13 (1) a review of medical and psychological views

14 concerning the existence, nature, and effects of bat15 tered women’s syndrome as a psychological condition;

16 (2) a compilation of judicial decisions that have

17 admitted or excluded evidence of battered women’s

18 syndrome as evidence of guilt or as a defense in

19 criminal trials; and

20 (3) information on the views of judges, prosecu21 tors, and defense attorneys concerning the effects that

22 evidence of battered women’s syndrome may have in

23 criminal trials.
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1 SEC. 609. REPORT ON CONFIDENTIALITY OF ADDRESSES

2 FOR VICTIMS OF DOMESTIC VIOLENCE.

3 (a) REPORT.—The Attorney General shall conduct a

4 study of the means by which abusive spouses may obtain

5 information concerning the addresses or locations of es6 tranged or former spouses, notwithstanding the desire of the

7 victims to have such information withheld to avoid further

8 exposure to abuse. Based on the study, the Attorney General

9 shall transmit a report to Congress including—

10 (1) the findings of the study concerning the

11 means by which information concerning the addresses

12 or locations of abused spouses may be obtained by

13 abusers; and

14 (2) analysis of the feasibility of creating effective

15 means of protecting the confidentiality of information

16 concerning the addresses and locations of abused

17 spouses to protect such persons from exposure to fur18 ther abuse while preserving access to such information

19 for legitimate purposes.

20 (b) USE OF COMPONENTS.—The Attorney General

21 may use the National Institute of Justice and the Office

22 for Victims of Crime in carrying out this section.

23 SEC. 610. REPORT ON RECORDKEEPING RELATING TO DO24 MESTIC VIOLENCE.

25 Not later than 1 year after the date of enactment of

26 this Act, the Attorney General shall complete a study of,
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1 and shall submit to Congress a report and recommendations

2 on, problems of recordkeeping of criminal complaints in3 volving domestic violence. The study and report shall exam4 ine—

5 (1) the efforts that have been made by the De6 partment of Justice, including the Federal Bureau of

7 Investigation, to collect statistics on domestic violence;

8 and

9 (2) the feasibility of requiring that the relation10 ship between an offender and victim be reported in

11 Federal records of crimes of aggravated assault, rape,

12 and other violent crimes.

13 SEC. 611. REPORT ON FAIR TREATMENT IN LEGAL PRO14 CEEDINGS.

15 Not later than 180 days after the date of enactment

16 of this Act, the Judicial Conference of the United States

17 shall review and make recommendations, and report to

18 Congress, regarding the advisability of creating Federal

19 rules of professional conduct for lawyers in Federal cases

20 involving sexual misconduct that—

21 (1) protect litigants from a course of conduct in22 tended solely for the purpose of distressing, harassing,

23 embarrassing, burdening, or inconveniencing liti24 gants;
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1 (2) counsel against reliance on generalizations or

2 stereotypes that demean, disgrace, or humiliate on the

3 basis of gender;

4 (3) protect litigants from a course of conduct in5 tended solely to increase the expense of litigation; and

6 (4) prohibit counsel from offering evidence that

7 the lawyer knows to be false or from discrediting evi8 dence the lawyer knows to be true.

9 SEC. 612. REPORT ON FEDERAL RULE OF EVIDENCE 404.

10 (a) STUDY.—Not later than 180 days after the date

11 of enactment of this Act, the Judicial Conference shall com12 plete a study of, and shall submit to Congress recommenda13 tions for amending, rule 404 of the Federal Rules of Evi14 dence as it affects the admission of evidence of a defendant’s

15 prior sex crimes in cases brought pursuant to chapter 109A

16 or other cases involving sexual misconduct.

17 (b) SPECIFIC ISSUES.—The study described in sub18 section (a) shall include—

19 (1) a survey of existing law on the introduction

20 of prior similar sex crimes under State and Federal

21 evidentiary rules;

22 (2) a recommendation concerning whether rule

23 404 should be amended to introduce evidence of prior

24 sex crimes and, if so—
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1 (A) whether such acts could be used to prove

2 the defendant’s propensity to act therewith; and

3 (B) whether evidence of prior similar sex

4 crimes should be admitted for purposes other

5 than to show character;

6 (3) a recommendation concerning whether evi7 dence of similar acts, if admitted, should meet a

8 threshold of similarity to the crime charged;

9 (4) a recommendation concerning whether evi10 dence of similar acts, if admitted, should be limited

11 to a certain time period, (such as 10 years); and

12 (5) the effect, if any, of the adoption of any pro13 posed changes on the admissibility of evidence under

14 rule 412 of the Federal Rules of Evidence.

15 SEC. 613. SUPPLEMENTARY GRANTS FOR STATES ADOPT16 ING EFFECTIVE LAWS RELATING TO SEXUAL

17 VIOLENCE.

18 (a) IN GENERAL.—The Attorney General may, in each

19 fiscal year, award an aggregate amount of up to $1,000,000

20 to a State that meets the eligibility requirements of sub21 section (b).

22 (b) ELIGIBILITY.—The authority to award additional

23 funding under this section is conditional on certification

24 by the Attorney General that the State has laws or policies

25 relating to sexual violence that exceed or are reasonably
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1 comparable to the provisions of Federal law (including

2 changes in Federal law made by this Act) in the following

3 areas:

4 (1) Provision of training and policy development

5 programs for law enforcement officers, prosecutors,

6 and judges concerning the investigation and prosecu7 tion of sexual offenses.

8 (2) Authorization of law enforcement and pros9 ecutorial units and teams that target sexual violence.

10 (3) Funding of victim services programs for vic11 tims of sexual violence.

12 (4) Authorization of educational and informa13 tional programs relating to sexual violence.

14 (5) Authorization of pretrial detention of defend15 ants in sexual assault cases where provision of flight

16 or the safety of others cannot be reasonably assured

17 by other means.

18 (6) Authorization of serious penalties for

19 nonconsensual sexual assault offenses.

20 (7) Payment of the cost of medical examinations

21 and testing by the victim for sexually transmitted dis22 eases.

23 (8) Provision of rape shield protection to ensure

24 that victims of sexual assault are protected from in-
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1 quiry into unrelated sexual behavior in sexual assault

2 cases.

3 (9) Provision of rules of professional conduct in4 tended to protect against a course of conduct intended

5 solely for the purpose of distressing, harassing, embar6 rassing, burdening, or inconveniencing litigants in

7 sexual assault cases.

8 (10) Authorization of the presence of the victim

9 in the courtroom at the time of trial and provides for

10 the victim’s addressing the court concerning the sen11 tence to be imposed.

12 (11) Authorization of awards of restitution to

13 victims of sexual assaults as part of a criminal sen14 tence.

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

16 authorized to be appropriated for each fiscal year such sums

17 as are necessary to carry out this section.

S 11 RS——2

S 11 RS——3

S 11 RS——4

S 11 RS——5

S 11 RS——6

S 11 RS——7

S 11 RS——8

S 11 RS——9
224

•S 11 RS

S 11 RS——10

S 11 RS——11

S 11 RS——12

S 11 RS——13

S 11 RS——14

S 11 RS——15

S 11 RS——16