II

103D CONGRESS

1ST SESSION S. 11

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, and Mr. KERREY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To combat violence and crimes against women on the streets

and in homes.

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’’.
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1 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

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.
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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.

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.
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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

18 sexual contact, is punishable by a term of imprisonment

19 up to twice that otherwise authorized.’’.

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

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

22 by adding at the end the following new item:
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‘‘2247. Repeat offenders.’’.

1 SEC. 112. FEDERAL PENALTIES.

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

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

4 Code, the United States Sentencing Commission shall

5 amend its sentencing guidelines to provide that a defend6 ant convicted of aggravated sexual abuse under section

7 2241 of title 18, United States Code, or sexual abuse

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

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

10 sentencing guidelines that is at least 4 levels greater than

11 the base offense level applicable to criminal sexual abuse

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

13 otherwise shall amend the guidelines applicable to such of14 fenses so as to achieve a comparable minimum guideline

15 sentence. In amending such guidelines, the Sentencing

16 Commission shall review the appropriateness of existing

17 specific offense characteristics or other adjustments appli18 cable to such offenses, and make such changes as it deems

19 appropriate, taking into account the severity of rape of20 fenses, with or without aggravating factors; the unique na21 ture and duration of the mental injuries inflicted on the

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

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

24 guidelines are amended after the effective date of this sec25 tion, the Sentencing Commission shall implement the in-
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1 structions set forth in subsection (a) so as to achieve a

2 comparable result.

3 SEC. 113. MANDATORY RESTITUTION FOR SEX CRIMES.

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

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

6 following:

7 ‘‘§ 2248. Mandatory restitution

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

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

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

11 order restitution for any offense under this chapter.

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

13 of restitution under this section shall direct that—

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

15 the appropriate court mechanism) the full amount of

16 the victim’s losses as determined by the court, pur17 suant to paragraph (2); and

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

19 restitution order by all available and reasonable

20 means.

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

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

23 by the victim for—

24 ‘‘(A) medical services relating to physical, psy25 chiatric, or psychological care;
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1 ‘‘(B) physical and occupational therapy or reha2 bilitation;

3 ‘‘(C) necessary transportation, temporary hous4 ing, and child care expenses;

5 ‘‘(D) lost income;

6 ‘‘(E) attorneys’ fees, expert witness and inves7 tigators’ fees, interpretive services, and court costs;

8 and

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

10 a proximate result of the offense.

11 ‘‘(3) Restitution orders under this section are manda12 tory. A court may not decline to issue an order under this

13 section because of—

14 ‘‘(A) the economic circumstances of the defend15 ant; or

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

17 to, receive compensation for his or her injuries from

18 the proceeds of insurance or any other source.

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

20 the court may take into account the economic cir21 cumstances of the defendant in determining the manner

22 in which and the schedule according to which the restitu23 tion is to be paid.

24 ‘‘(B) For purposes of this paragraph, the term ‘eco25 nomic circumstances’ includes—
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1 ‘‘(i) the financial resources and other assets of

2 the defendant;

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

4 other income of the defendant; and

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

6 including obligations to dependents.

7 ‘‘(C) An order under this section may direct the de8 fendant to make a single lump-sum payment or partial

9 payments at specified intervals. The order shall also pro10 vide that the defendant’s restitutionary obligation takes

11 priority over any criminal fine ordered.

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

13 any amount of loss through the proceeds of insurance or

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

15 restitution be paid to the person who provided the com16 pensation, but that restitution shall be paid to the victim

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

18 to any other provider of compensation.

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

20 shall be set off against any amount later recovered as com21 pensatory damages by the victim from the defendant in—

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

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

24 provided by the law of the State.
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1 ‘‘(c) PROOF OF CLAIM.—(1) Within 60 days after

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

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

4 States Attorney’s delegee), after consulting with the vic5 tim, shall prepare and file an affidavit with the court list6 ing the amounts subject to restitution under this section.

7 The affidavit shall be signed by the United States Attor8 ney (or the United States Attorney’s delegee) and the vic9 tim. Should the victim object to any of the information

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

11 the United States Attorney’s delegee) shall advise the vic12 tim that the victim may file a separate affidavit and shall

13 provide the victim with an affidavit form which may be

14 used to do so.

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

16 amounts attested to in the affidavit filed pursuant to sub17 section (1) shall be entered in the court’s restitution order.

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

19 the United States Attorney (or the United States Attor20 ney’s delegee) to submit further affidavits or other sup21 porting documents, demonstrating the victim’s losses.

22 ‘‘(3) If the court concludes, after reviewing the sup23 porting documentation and considering the defendant’s

24 objections, that there is a substantial reason for doubting

25 the authenticity or veracity of the records submitted, the
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1 court may require additional documentation or hear testi2 mony on those questions. Any records filed, or testimony

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

4 judge’s chambers.

5 ‘‘(4) In the event that the victim’s losses are not as6 certainable 10 days prior to sentencing as provided in sub7 section (c)(1), the United States Attorney (or the United

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

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

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

11 If the victim subsequently discovers further losses, the vic12 tim shall have 60 days after discovery of those losses in

13 which to petition the court for an amended restitution

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

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

16 initial claim for restitutionary relief.

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

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

19 of a commission of a crime under this chapter, including,

20 in the case of a victim who is under 18 years of age, in21 competent, incapacitated, or deceased, the legal guardian

22 of the victim or representative of the victim’s estate, an23 other family member, or any other person appointed as

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

25 defendant be named as such representative or guardian.’’.
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1 (b) TABLE OF SECTIONS.—The table of sections for

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

3 by adding at the end thereof the following:

‘‘2248. Mandatory restitution.’’.

4 SEC. 114. AUTHORIZATION FOR FEDERAL VICTIM’S COUN5 SELORS.

6 There is authorized to be appropriated for fiscal year

7 1993 $1,500,000 for the United States Attorneys for the

8 purpose of appointing Victim/Witness Counselors for the

9 prosecution of sex crimes and domestic violence crimes

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

11 Subtitle B—Law Enforcement and

12 Prosecution Grants to Reduce

13 Violent Crimes Against Women

14 SEC. 121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST

15 WOMEN.

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

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

18 et seq.) is amended by—

19 (1) redesignating part P as part Q;

20 (2) redesignating section 1601 as section 1701;

21 and

22 (3) adding after part O the following new part:
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1 ‘‘PART N—GRANTS TO COMBAT VIOLENT CRIMES

2 AGAINST WOMEN

3 ‘‘SEC. 1601. 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

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

9 highest 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 apprehen14 sion, prosecution, and adjudication of persons committing

15 violent crimes against women and specifically, for the pur16 poses 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

20 of 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

24 the 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 sex5 ual 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

9 purpose of identifying and tracking arrests, prosecu10 tions, and convictions for the crimes of sexual as11 sault and domestic violence; and

12 ‘‘(5) developing, enlarging, or strengthening vic13 tim services programs, including sexual assault and

14 domestic violence programs, to increase reporting

15 and reduce attrition rates for cases involving violent

16 crimes against women, including the crimes of sex17 ual assault and domestic violence.

18 ‘‘Subpart 1—High Intensity Crime Area Grants

19 ‘‘SEC. 1611. HIGH INTENSITY GRANTS.

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

21 Justice Assistance (referred to in this part as the ‘Direc22 tor’) shall make grants to areas of ‘high intensity crime’

23 against women.

24 ‘‘(b) DEFINITION.—For purposes of this part, ‘high

25 intensity crime area’ means an area with one of the 40
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1 highest rates of violent crime against women, as deter2 mined by the Bureau of Justice Statistics pursuant to sec3 tion 1612.

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

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

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

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

8 of violent crime against women based on the combined fe9 male victimization rate per population for assault, sexual

10 assault (including, but not limited to, rape), murder, rob11 bery, and kidnapping (without regard to the relationship

12 between the crime victim and the offenders).

13 ‘‘(b) USE OF DATA.—In calculating the combined fe14 male victimization rate required by subsection (a), the Bu15 reau of Justice Statistics may rely on—

16 ‘‘(1) existing data collected by States, munici17 palities, Indian reservations or statistical metropoli18 tan areas showing the number of police reports of

19 the crimes listed in subsection (a); and

20 ‘‘(2) existing data collected by the Federal Bu21 reau of Investigation, including data from those gov22 ernmental entities already complying with the Na23 tional Incident Based Reporting System, showing

24 the number of police reports of crimes listed in sub25 section (a).
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1 ‘‘(c) PUBLICATION.—After compiling the list set

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

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

4 Federal Register.

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

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

7 qualified for a grant under this subpart upon application

8 by the chief executive officer of the governmental entities

9 responsible for law enforcement and prosecution of crimi10 nal offenses within the area and certification that—

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

12 of violent crimes against women and for at least 3

13 of the purposes outlined in section 1601(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
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1 subsection (d) including documentation from nonprofit

2 nongovernmental victim services programs showing their

3 participation in developing the plan required by subsection

4 (d)(2). Applications shall—

5 ‘‘(1) include documentation from the prosecu6 tion, law enforcement, and victim services programs

7 to be 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) proof of compliance with the requirements

17 for the payment of forensic medical exams provided

18 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

2 section.

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 great11 est showing of need; and

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

13 underserved 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 ef18 fectiveness of those activities in achieving the purposes of

19 this part.

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

21 completed by each grantee or subgrantee performing the

22 services contemplated in the grant application, certifying

23 performance 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. Fed3 eral 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. 1621. GENERAL GRANTS TO STATES.

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

9 grants to States, for use by States, units of local govern10 ment in the States, and nonprofit nongovernmental victim

11 services programs in the States, for the purposes outlined

12 in section 1601(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 avail18 able money to each State that results from a dis19 tribution among the States on the basis of each

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

21 States.

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

23 subsection (d), any State shall be qualified for funds pro24 vided under this part upon certification that—
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1 ‘‘(1) the funds shall be used to reduce the rate

2 of violent crimes against women and for at least 3

3 of the purposes outlined in section 1601(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;

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 applica14 tion 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 prosecu22 tion, law enforcement, and victim services programs

23 to be 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

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

12 Director shall either disburse the appropriate sums pro13 vided for under this subpart or shall inform the applicant

14 why the application does not conform to the terms of sec15 tion 513 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

21 on the population and geographic area to be served;

22 ‘‘(C) equitably distribute monies on a geo23 graphic basis including nonurban and rural areas,

24 and giving priority to localities with populations

25 under 100,000; 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

5 file a performance report with the Director explaining the

6 activities carried out together with an assessment of the

7 effectiveness of those activities in achieving the purposes

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

9 be completed by each grantee and subgrantee that per10 formed the direct services contemplated in the application,

11 certifying performance of direct services under the grant.

12 The Director shall suspend funding for an approved appli13 cation if an applicant fails to submit an annual perform14 ance report or if funds are expended for purposes other

15 than those set forth under this subpart. Federal funds

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

17 funds.

18 ‘‘SEC. 1622. GENERAL GRANTS TO TRIBES.

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

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

21 organizations or nonprofit nongovernmental victim serv22 ices programs on Indian reservations, for the purposes

23 outlined in section 1401(b), and to reduce the rate of vio24 lent crimes against women in Indian country.
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1 ‘‘(b) AMOUNTS.—From amounts appropriated, the

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

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

4 $35,000 and maximum grants of $300,000.

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

6 subsection (d), any tribe shall be qualified for funds pro7 vided under this part upon certification that—

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

9 of violent crimes against women and for at least 3

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

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

12 plan for implementation, and otherwise consult and

13 coordinate with nonprofit; and

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

15 be allocated to each of the following three areas:

16 prosecution, law enforcement, and victim services.

17 ‘‘(d) APPLICATION REQUIREMENTS.—(1) Applica18 tions shall be made directly to the Director and shall con19 tain a description of the tribes’ law enforcement respon20 sibilities for the Indian country described in the applica21 tion and a description of the tribes’ system of courts, in22 cluding whether the tribal government operates courts of

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

24 (25 U.S.C. 1301) or part 11 of title 25, Code of Federal

25 Regulations.
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1 ‘‘(2) Applications shall be in such form as the Direc2 tor may prescribe and shall specify the nature of the pro3 gram proposed by the applicant tribe, the data and infor4 mation on which the program is based, and the extent to

5 which the program plans to use or incorporate existing

6 victim services available in the Indian country where the

7 grant will be used.

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

9 of 3 years.

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

11 12 months of the grant period and at the end of each year

12 thereafter, the Indian tribal grantee shall file a perform13 ance report with the Director explaining the activities car14 ried out together with an assessment of the effectiveness

15 of those activities in achieving the purposes of this sub16 part. A section of this performance report shall be com17 pleted by each grantee or subgrantee that performed the

18 direct services contemplated in the application, certifying

19 performance of direct services under the grant. The Direc20 tor shall suspend funding for an approved application if

21 an applicant fails to submit an annual performance report

22 or if funds are expended for purposes other than those

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

24 used to supplement, not supplant, State funds.
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1 ‘‘(f) DEFINITIONS.—(1) The term ‘Indian tribe’

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

3 group or community, including any Alaska Native village

4 or regional or village corporation (as defined in, or estab5 lished pursuant to, the Alaska Native Claims Settlement

6 Act (43 U.S.C. 1601 et seq.)), which is recognized as eligi7 ble for the special services provided by the United States

8 to Indians because of their status as Indians.

9 ‘‘(2) The term ‘Indian country’ has the meaning stat10 ed in section 1151 of title 18, United States Code.

11 ‘‘Subpart 3—General Terms and Conditions

12 ‘‘SEC. 1631. GENERAL DEFINITIONS.

13 ‘‘As used in this part—

14 ‘‘(1) the term ‘victim services’ means any non15 governmental nonprofit organization that assists vic16 tims, including rape crisis centers, battered women’s

17 shelters, or other rape or domestic violence pro18 grams, including nonprofit nongovernmental organi19 zations assisting victims through the legal process;

20 ‘‘(2) the term ‘prosecution’ means any public

21 agency charged with direct responsibility for pros22 ecuting criminal offenders, including such agency’s

23 component bureaus (such as governmental victim/

24 witness programs);
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1 ‘‘(3) the term ‘law enforcement’ means any

2 public agency charged with policing functions, in3 cluding any of its component bureaus (such as gov4 ernmental victim services programs);

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

6 assaults committed by offenders who are strangers

7 to the victim but also assaults committed by offend8 ers who are known or related by blood or marriage

9 to the victim;

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

11 or misdemeanor offenses committed by a current or

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

13 victim shares a child in common, a person who is co14 habitating with or has cohabitated with the victim as

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

16 the victim under the domestic or family violence laws

17 of the jurisdiction receiving grant monies, or com18 mitted by any other adult person upon a victim who

19 is protected from that person’s acts under the do20 mestic or family violence laws of the jurisdiction re21 ceiving grant monies; and

22 ‘‘(6) the term ‘underserved populations’ in23 cludes populations underserved because of geo24 graphic location (such as rural isolation), under25 served racial or ethnic populations, and populations
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1 underserved because of special needs, such as lan2 guage barriers or physical disabilities.

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

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

5 the assistance provided under subparts 1 or 2, the Direc6 tor may direct any Federal agency, with or without reim7 bursement, to use its authorities and the resources grant8 ed to it under Federal law (including personnel, equip9 ment, supplies, facilities, and managerial, technical, and

10 advisory services) in support of State and local assistance

11 efforts.

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

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

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

15 Committees of the House and the Senate a report that

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

17 in subpart 1) and for each State and for each grantee In18 dian tribe (as provided in subpart 2)—

19 ‘‘(1) the amount of grants made under this

20 part;

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

22 grants were provided and an evaluation of their

23 progress;

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

25 detailing the nature of victimization, and providing
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1 data on age, sex, relationship of victim to offender,

2 geographic distribution, race, ethnicity, language,

3 and disability; and

4 ‘‘(4) a copy of each grantee report filed pursu5 ant to sections 1612(g), 1621(f), and 1622(c).

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

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

8 proposed regulations implementing this part. No later

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

10 final regulations implementing this part.

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

12 are authorized to be appropriated for each of fiscal years

13 1993, 1994, and 1995, $100,000,000 to carry out subpart

14 1, and $190,000,000 to carry out subpart 2, and

15 $10,000,000 to carry out section 1622 of subpart 2.’’.

16 Subtitle C—Safety for Women in

17 Public Transit and Public Parks

18 SEC. 131. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE19 VENT CRIME IN PUBLIC TRANSPORTATION.

20 Section 24 of the Urban Mass Transportation Act of

21 1964 (49 U.S.C. App. 1620) is amended to read as fol22 lows:

23 ‘‘GRANTS TO PREVENT CRIME IN PUBLIC

24 TRANSPORTATION

25 ‘‘SEC. 24. (a) GENERAL PURPOSE.—From funds au26 thorized under section 21, not to exceed $10,000,000, the
28

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1 Secretary shall make capital grants for the prevention of

2 crime and to increase security in existing and future public

3 transportation systems. None of the provisions of this Act

4 may be construed to prohibit the financing of projects

5 under this section where law enforcement responsibilities

6 are vested in a local public body other than the grant ap7 plicant.

8 ‘‘(b) GRANTS FOR LIGHTING, CAMERA SURVEIL9 LANCE, AND SECURITY PHONES.—

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

11 under this section for crime prevention, the Sec12 retary is authorized to make grants and loans to

13 States and local public bodies or agencies for the

14 purpose of increasing the safety of public transpor15 tation by—

16 ‘‘(A) increasing lighting within or adjacent

17 to public transportation systems, including bus

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

19 ‘‘(B) increasing camera surveillance of

20 areas within and adjacent to public transpor21 tation systems, including bus stops, subway sta22 tions, parking lots, or garages;

23 ‘‘(C) providing emergency phone lines to

24 contact law enforcement or security personnel

25 in areas within or adjacent to public transpor-
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1 tation systems, including bus stops, subway sta2 tions, parking lots, or garages; or

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

4 the security and safety of existing or planned

5 public transportation systems.

6 ‘‘(2) From the sums authorized under this sec7 tion, at least 75 percent shall be expended on

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

9 (A) and (B).

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

11 contingent upon the filing of a report with the Secretary

12 and the Department of Justice, Office of Victims of

13 Crime, showing crime rates in or adjacent to public trans14 portation before, and for a 1-year period after, the capital

15 improvement. Statistics shall be broken down by type of

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

17 victim to the offender.

18 ‘‘(d) INCREASED FEDERAL SHARE.—Notwithstand19 ing any other provision of this Act, the Federal share

20 under this section for each capital improvement project

21 which enhances the safety and security of public transpor22 tation systems and which is not required by law (including

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

24 of the net project cost of such project.
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1 ‘‘(e) SPECIAL GRANTS FOR PROJECTS TO STUDY IN2 CREASING SECURITY FOR WOMEN.—From the sums au3 thorized under this section, the Secretary shall provide

4 grants and loans for the purpose of studying ways to re5 duce violent crimes against women in public transit

6 through better design or operation of public transit sys7 tems.

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

9 provided under this section shall be subject to all the

10 terms, conditions, requirements, and provisions applicable

11 to grants and loans made under section 2(a).’’.

12 SEC. 132. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE13 VENT CRIME IN NATIONAL PARKS.

14 Public Law 91–383 (commonly known as the Na15 tional Park System Improvements in Administration Act)

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

17 the following new section:

18 ‘‘SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION AS19 SISTANCE.

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

21 7 of the Land and Water Conservation Act of 1965, not

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

23 provide Federal assistance to reduce the incidence of vio24 lent crime in the National Park System.
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1 ‘‘(b) The Secretary shall direct the chief official re2 sponsible for law enforcement within the National Park

3 Services to—

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

5 Park System with the highest rates of violent crime;

6 ‘‘(2) make recommendations concerning capital

7 improvements, and other measures, needed within

8 the National Park System to reduce the rates of vio9 lent crime, including the rate of sexual assault; and

10 ‘‘(3) publish the information required by para11 graphs (1) and (2) in the Federal Register.

12 ‘‘(c) No later than 120 days after the date of enact13 ment of this section, and based on the recommendations

14 and list issued pursuant to subsection (b), the Secretary

15 shall distribute funds throughout the National Park Serv16 ice. Priority shall be given to those areas with the highest

17 rates of sexual assault.

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

19 for the following purposes:

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

21 public parks and recreation areas.

22 ‘‘(2) To provide emergency phone lines to con23 tact law enforcement or security personnel in areas

24 within or adjacent to public parks and recreation

25 areas.
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1 ‘‘(3) To increase security or law enforcement

2 personnel within or adjacent to public parks and

3 recreation areas.

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

5 security and safety of public parks and recreation

6 areas.’’.

7 SEC. 133. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE8 VENT CRIME IN PUBLIC PARKS.

9 Section 6 of the Land and Water Conservation Fund

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

11 at the end the following new subsection:

12 ‘‘(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS

13 TO REDUCE CRIME.—In addition to assistance for plan14 ning projects, and in addition to the projects identified

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

16 Secretary shall provide financial assistance to the States,

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

18 of projects or combinations thereof:

19 ‘‘(1) For the purpose of making capital im20 provements and other measures to increase safety in

21 urban parks and recreation areas, including funds

22 to—

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

24 public parks and recreation areas;
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1 ‘‘(B) provide emergency phone lines to con2 tact law enforcement or security personnel in

3 areas within or adjacent to public parks and

4 recreation areas;

5 ‘‘(C) increase security personnel within or

6 adjacent to public parks and recreation areas;

7 and

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

9 the security and safety of public parks and

10 recreation areas.

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

12 approval imposed by this section, eligibility for as13 sistance under this subsection is dependent upon a

14 showing of need. In providing funds under this sub15 section, the Secretary shall give priority to those

16 projects proposed for urban parks and recreation

17 areas with the highest rates of crime and, in particu18 lar, to urban parks and recreation areas with the

19 highest rates of sexual assault.

20 ‘‘(3) Notwithstanding subsection (c), the Sec21 retary may provide 70 percent improvement grants

22 for projects undertaken by any State for the pur23 poses outlined in this subsection. The remaining

24 share of the cost shall be borne by the State.’’.
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1 Subtitle D—National Commission

2 on Violence Against Women

3 SEC. 141. ESTABLISHMENT.

4 There is established a commission to be known as the

5 National Commission on Violence Against Women (re6 ferred to as the ‘‘Commission’’).

7 SEC. 142. DUTIES OF COMMISSION.

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

9 Commission shall carry out activities for the purposes of

10 promoting a national policy on violent crime against

11 women, and for making recommendations for how to re12 duce violent crime against women.

13 (b) FUNCTIONS.—The Commission shall—

14 (1) evaluate the adequacy of, and make rec15 ommendations regarding, current law enforcement

16 efforts at the Federal and State levels to reduce the

17 rate of violent crimes against women;

18 (2) evaluate the adequacy of, and make rec19 ommendations regarding, the responsiveness of State

20 prosecutors and State courts to violent crimes

21 against women;

22 (3) evaluate the adequacy of, and make rec23 ommendations regarding, the adequacy of current

24 education, prevention, and protection services for

25 women victims of violent crime;
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1 (4) evaluate the adequacy of, and make rec2 ommendations regarding, the role of the Federal

3 Government in reducing violent crimes against

4 women;

5 (5) evaluate the adequacy of, and make rec6 ommendations regarding, national public awareness

7 and the public dissemination of information essential

8 to the prevention of violent crimes against women;

9 (6) evaluate the adequacy of, and make rec10 ommendations regarding, data collection and govern11 ment statistics on the incidence and prevalence of

12 violent crimes against women;

13 (7) evaluate the adequacy of, and make rec14 ommendations regarding, the adequacy of State and

15 Federal laws on sexual assault and the need for a

16 more uniform statutory response to sex offenses, in17 cluding sexual assaults and other sex offenses com18 mitted by offenders who are known or related by

19 blood or marriage to the victim;

20 (8) evaluate the adequacy of, and make rec21 ommendations regarding, the adequacy of State and

22 Federal laws on domestic violence and the need for

23 a more uniform statutory response to domestic vio24 lence; and
36

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1 (9) evaluate and make recommendations re2 garding the feasibility of maintaining the confiden3 tiality of addresses of domestic violence victims in

4 voting, welfare, licensed public utilities, and other

5 public records.

6 SEC. 143. MEMBERSHIP.

7 (a) NUMBER AND APPOINTMENT.—

8 (1) APPOINTMENT.—The Commission shall be

9 composed of 15 members as follows:

10 (A) Five members shall be appointed by

11 the President—

12 (i) 3 of whom shall be—

13 (I) the Attorney General;

14 (II) the Secretary of Health and

15 Human Services; and

16 (III) the Director of the Federal

17 Bureau of Investigation,

18 who shall be nonvoting members, except

19 that in the case of a tie vote by the Com20 mission, the Attorney General shall be a

21 voting member;

22 (ii) two of whom shall be selected

23 from the general public on the basis of

24 such individuals being specially qualified to
37

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1 serve on the Commission by reason of their

2 education, training, or experience; and

3 (iii) at least one of whom shall be se4 lected for their experience in providing

5 services to women victims of sexual assault

6 or domestic violence.

7 (B) Five members shall be appointed by

8 the Speaker of the House of Representatives on

9 the joint recommendation of the Majority and

10 Minority Leaders of the House of Representa11 tives.

12 (C) Five members shall be appointed by

13 the President pro tempore of the Senate on the

14 joint recommendation of the Majority and Mi15 nority Leaders of the Senate.

16 (2) CONGRESSIONAL COMMITTEE REC17 OMMENDATIONS.—In making appointments under

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

19 Majority and Minority Leaders of the House of Rep20 resentatives and the Senate shall duly consider the

21 recommendations of the Chairmen and Ranking Mi22 nority Members of committees with jurisdiction over

23 laws contained in title 18 of the United States Code.
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1 (3) REQUIREMENTS OF APPOINTMENTS.—The

2 Majority and Minority Leaders of the Senate and

3 the House of Representatives shall—

4 (A) select persons who are specially quali5 fied to serve on the Commission by reason of

6 their experience in State or national efforts to

7 fight violence against women and demonstrate

8 experience in State or national advocacy or

9 service organizations specializing in sexual as10 sault and domestic violence; and

11 (B) engage in consultations for the pur12 pose of ensuring that the expertise of the ten

13 members appointed by the Speaker of the

14 House of Representatives and the President pro

15 tempore of the Senate shall provide as much of

16 a balance as possible and, to the greatest extent

17 possible, include representatives from law en18 forcement, prosecution, judicial administration,

19 legal expertise, public health, social work, victim

20 compensation boards, victim advocacy, and sur21 vivors of violence.

22 (4) TERM OF MEMBERS.—Members of the Com23 mission (other than members appointed under para24 graph (1)(A)(i)) shall serve for the life of the Com25 mission.
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1 (5) VACANCY.—A vacancy on the Commission

2 shall be filled in the manner in which the original

3 appointment was made.

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

5 members of the Commission are appointed, such members

6 shall select a Chairman from among the members of the

7 Commission.

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

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

10 authorized by the Commission to conduct hearings.

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

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

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

14 enactment of this Act. After the initial meeting, the Com15 mission shall meet at the call of the Chairman or a major16 ity of its members, but shall meet at least 6 times.

17 (e) PAY.—Members of the Commission who are offi18 cers or employees or elected officials of a government en19 tity shall receive no additional compensation by reason of

20 their service on the Commission.

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

22 members of the Commission shall be allowed travel and

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

24 at rates authorized for employees of agencies under sec25 tions 5702 and 5703 of title 5, United States Code.
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1 (g) DEADLINE FOR APPOINTMENT.—Not later than

2 45 days after the date of enactment of this Act, the mem3 bers of the Commission shall be appointed.

4 SEC. 144. REPORTS.

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

6 date on which the Commission is fully constituted under

7 section 143, the Commission shall prepare and submit a

8 final report to the President and to congressional commit9 tees that have jurisdiction over legislation addressing vio10 lent crimes against women, including the crimes of domes11 tic and sexual assault.

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

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

14 activities of the Commission and of the findings and con15 clusions of the Commission, including such recommenda16 tions for legislation and administrative action as the Com17 mission considers appropriate.

18 SEC. 145. EXECUTIVE DIRECTOR AND STAFF.

19 (a) EXECUTIVE DIRECTOR.—

20 (1) APPOINTMENT.—The Commission shall

21 have an Executive Director who shall be appointed

22 by the Chairman, with the approval of the Commis23 sion, not later than 30 days after the Chairman is

24 selected.
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1 (2) COMPENSATION.—The Executive Director

2 shall be compensated at a rate not to exceed the

3 maximum rate of the basic pay payable for a posi4 tion above GS–15 of the General Schedule contained

5 in title 5, United States Code.

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

7 the Executive Director may appoint and fix the compensa8 tion of such additional personnel as the Executive Director

9 considers necessary to carry out the duties of the Commis10 sion.

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

12 Executive Director and the additional personnel of the

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

15 States Code, governing appointments in the competitive

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

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

18 title relating to classification and General Schedule pay

19 rates.

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

21 prescribed by the Commission, the Executive Director may

22 procure temporary or intermittent services under section

23 3109(b) of title 5, United States Code, at rates for individ24 uals not to exceed $200 per day.
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1 SEC. 146. POWERS OF COMMISSION.

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

3 subtitle, the Commission may conduct such hearings, sit

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

5 and receive such evidence, as the Commission considers

6 appropriate. The Commission may administer oaths before

7 the Commission.

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

9 Commission may, if authorized by the Commission, take

10 any action that the Commission is authorized to take

11 under this subtitle.

12 (c) ACCESS TO INFORMATION.—The Commission

13 may request directly from any executive department or

14 agency such information as may be necessary to enable

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

16 of the Chairman of the Commission.

17 (d) MAILS.—The Commission may use the United

18 States mails in the same manner and under the same con19 ditions as other departments and agencies of the United

20 States.

21 SEC. 147. AUTHORIZATION OF APPROPRIATIONS.

22 There is authorized to be appropriated to carry out

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

24 SEC. 148. TERMINATION.

25 The Commission shall cease to exist 30 days after

26 the date on which its final report is submitted under sec-
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1 tion 144. The President may extend the life of the Com2 mission for a period of not to exceed 1 year.

3 Subtitle E—New Evidentiary Rules

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

5 The Federal Rules of Evidence are amended by in6 serting after rule 412 the following new rule:

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

8 other criminal cases

9 ‘‘(a) REPUTATION AND OPINION EVIDENCE EX10 CLUDED.—Notwithstanding any other law, in a criminal

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

12 reputation or opinion evidence of the past sexual behavior

13 of an alleged victim is not admissible.

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

15 law, in a criminal case, other than a sex offense case gov16 erned by rule 412, evidence of an alleged victim’s past sex17 ual behavior (other than reputation and opinion evidence)

18 may be admissible if—

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

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

21 ‘‘(2) the probative value of the evidence out22 weighs the danger of unfair prejudice.

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

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

25 past sexual behavior, the defendant shall make a written
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1 motion to offer such evidence not later than 15 days before

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

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

4 allow the motion to be made at a later date, including dur5 ing trial, if the court determines either that the evidence

6 is newly discovered and could not have been obtained ear7 lier through the exercise of due diligence or that the issue

8 to which such evidence relates has newly arisen in the

9 case. Any motion made under this paragraph shall be

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

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

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

13 court shall order a hearing in chambers to determine if

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

15 may call witnesses, including the alleged victim and offer

16 relevant evidence. Notwithstanding subdivision (b) of rule

17 104, if the relevancy of the evidence which the defendant

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

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

20 or at a subsequent hearing in chambers scheduled for such

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

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

23 ‘‘(3) If the court determines on the basis of the hear24 ing described in paragraph (2), that the evidence the de25 fendant seeks to offer is relevant, not excluded by any
45

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

2 evidence outweighs the danger of unfair prejudice, such

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

4 order made by the court specifies the evidence which may

5 be offered and areas with respect to which the alleged vic6 tim may be examined or cross-examined. In its order, the

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

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

9 of the evidence outweighs the danger of unfair prejudice

10 given the potential of the evidence to humiliate and embar11 rass the alleged victim and to result in unfair or biased

12 jury inferences.’’.

13 SEC. 152. SEXUAL HISTORY IN CIVIL CASES.

14 The Federal Rules of Evidence, as amended by sec15 tion 151, are amended by adding after rule 412A the fol16 lowing new rule:

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

18 cases

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

21 in which a defendant is accused of actionable sexual mis22 conduct, reputation or opinion evidence of the plaintiff’s

23 past sexual behavior is not admissible.

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

25 other law, in a civil case in which a defendant is accused
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1 of actionable sexual misconduct, evidence of a plaintiff’s

2 past sexual behavior other than reputation or opinion evi3 dence may be admissible if—

4 ‘‘(1) it is admitted in accordance with the pro5 cedures 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 plaintiff’s past

10 sexual behavior, the defendant shall make a written mo11 tion 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 plaintiff.

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 plaintiff and offer rel-
47

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1 evant evidence. Notwithstanding subdivision (b) of rule

2 104, if the relevancy of the evidence that 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 the

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

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 and not excluded by any

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

12 evidence outweighs the danger of unfair prejudice, the evi13 dence shall be admissible in the trial to the extent an order

14 made by the court specifies evidence that may be offered

15 and areas with respect to which the plaintiff may be exam16 ined or cross-examined. In its order, the court should con17 sider—

18 ‘‘(A) the chain of reasoning leading to its find19 ing of relevance; and

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

21 outweighs the danger of unfair prejudice given the

22 potential of the evidence to humiliate and embarrass

23 the alleged victim and to result in unfair or biased

24 jury inferences.
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1 ‘‘(d) DEFINITIONS.—For purposes of this rule, a case

2 involving a claim of actionable sexual misconduct, includes

3 sexual harassment or sex discrimination claims brought

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

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

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

7 SEC. 153. AMENDMENTS TO RAPE SHIELD LAW.

8 Rule 412 of the Federal Rules of Evidence is

9 amended—

10 (1) by adding at the end the following new sub11 divisions:

12 ‘‘(e) INTERLOCUTORY APPEAL.—Notwithstanding

13 any other law, any evidentiary rulings made pursuant to

14 this rule are subject to interlocutory appeal by the govern15 ment or by the alleged victim.

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

17 prosecution seeks to offer evidence of prior sexual history,

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

19 victim.’’; and

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

21 the following: ‘‘In its order, the court should con22 sider (A) the chain of reasoning leading to its find23 ing of relevance; and (B) why the probative value of

24 the evidence outweighs the danger of unfair preju25 dice given the potential of the evidence to humiliate
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1 and embarrass the alleged victim and to result in

2 unfair or biased jury inferences.’’.

3 SEC. 154. EVIDENCE OF CLOTHING.

4 The Federal Rules of Evidence, as amended by sec5 tion 152, are amended by adding after rule 412B the fol6 lowing new rule:

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

8 violence

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

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

11 109A of title 18, United States Code, evidence of an al12 leged victim’s clothing is not admissible to show that the

13 alleged victim incited or invited the offense charged.’’.

14 Subtitle F—Assistance to Victims of

15 Sexual Assault

16 SEC. 161. EDUCATION AND PREVENTION GRANTS TO RE17 DUCE SEXUAL ASSAULTS AGAINST WOMEN.

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

19 Services Act (42 U.S.C. 300w et seq.) is amended by add20 ing at the end the following new section:

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

22 EDUCATION.

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

24 1904(a)(1), amounts transferred by the State for use

25 under this part may be used for rape prevention and edu-
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1 cation programs conducted by rape crisis centers or simi2 lar nongovernmental nonprofit entities, which programs

3 may include—

4 ‘‘(1) educational seminars;

5 ‘‘(2) the operation of hotlines;

6 ‘‘(3) training programs for professionals;

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

8 and

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

10 facts about, or to help prevent, sexual assault, in11 cluding efforts to increase awareness in underserved

12 racial, ethnic, and language minority communities.

13 ‘‘(b) TARGETING OF EDUCATION PROGRAMS.—

14 States providing grant monies must ensure that at least

15 25 percent of the monies are devoted to education pro16 grams targeted for middle school, junior high school, and

17 high school students.

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

19 are authorized to be appropriated to carry out this section

20 $65,000,000 for each of fiscal years 1993, 1994, and

21 1995.

22 ‘‘(d) LIMITATION.—Funds authorized under this sec23 tion may only be used for providing rape prevention and

24 education programs.
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1 ‘‘(e) DEFINITION.—For purposes of this section, the

2 term ‘rape prevention and education’ includes education

3 and prevention efforts directed at offenses committed by

4 offenders who are not known to the victim as well as of5 fenders who are known to the victim.

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

7 this section pursuant to the terms of sections 1902 and

8 1903, and subject to the conditions provided in this sec9 tion and sections 1904 through 1909.’’.

10 SEC. 162. RAPE EXAM PAYMENTS.

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

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

13 unless the State or other grantee incurs the full cost of

14 forensic medical exams for victims of sexual assault. A

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

16 of forensic medical exams if it chooses to reimburse the

17 victim after the fact unless the reimbursement program

18 waives any minimum loss or deductible requirement, pro19 vides victim reimbursement within a reasonable time (90

20 days), permits applications for reimbursement within one

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

22 to all subjects of forensic medical exams about how to ob23 tain reimbursement.

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

25 the Director of the Office of Victims of Crime shall pro-
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1 pose regulations to implement this section, detailing quali2 fied programs. Such regulations shall specify the type and

3 form of information to be provided victims, including pro4 visions for multilingual information, where appropriate.

5 SEC. 163. EDUCATION AND PREVENTION GRANTS TO RE6 DUCE SEXUAL ABUSE OF FEMALE RUNAWAY,

7 HOMELESS, AND STREET YOUTH.

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

9 U.S.C. 5711 et seq.) is amended by—

10 (1) redesignating sections 316 and 317 as sec11 tions 317 and 318, respectively; and

12 (2) inserting after section 315 the following

13 new section:

14 ‘‘GRANTS FOR PREVENTION OF SEXUAL ABUSE AND

15 EXPLOITATION

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

17 make grants under this section to private, nonprofit agen18 cies for street-based outreach and education, including

19 treatment, counseling, and information and referral, for

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

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

22 abuse.

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

24 grants under subsection (a), the Secretary shall give prior25 ity to agencies that have experience in providing services

26 to female runaway, homeless, and street youth.
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 $10,000,000 for each of fiscal years 1993, 1994, and

4 1995.

5 ‘‘(d) DEFINITIONS.—For the purposes of this sec6 tion—

7 ‘‘(1) the term ‘street-based outreach and edu8 cation’ includes education and prevention efforts di9 rected at offenses committed by offenders who are

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

11 known to the victim; and

12 ‘‘(2) the term ‘street youth’ means a female less

13 than 21 years old who spends a significant amount

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

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

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

17 Rule 32 of the Federal Rules of Criminal Procedure

18 is amended—

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

20 (a)(1)(B);

21 (2) by striking the period at the end of subdivi22 sion (a)(1)(C) and inserting ‘‘; and’’;

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

24 following new subdivision:
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1 ‘‘(D) if sentence is to be imposed for a crime

2 of violence or sexual abuse, address the victim per3 sonally if the victim is present at the sentencing

4 hearing and determine if the victim wishes to make

5 a statement and to present any information in rela6 tion to the sentence.’’;

7 (4) in the penultimate sentence of subdivision

8 (a)(1), by striking ‘‘equivalent opportunity’’ and in9 serting ‘‘opportunity equivalent to that of the de10 fendant’s counsel’’;

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

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

13 the Government.’’; and

14 (6) by adding at the end the following new sub15 division:

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

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

18 whom an offense for which a sentence is to be im19 posed has been committed, but the right of allocu20 tion under subdivision (a)(1)(D) may be exercised

21 instead by—

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

23 victim is below the age of 18 years or incom24 petent; or
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1 ‘‘(B) 1 or more family members or rel2 atives designated by the court in case the victim

3 is deceased or incapacitated,

4 if such person or persons are present at the sentenc5 ing hearing, regardless of whether the victim is

6 present; and

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

8 abuse’ means a crime that involved the use or at9 tempted or threatened use of physical force against

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

11 chapter 109A of title 18, United States Code.’’.

12 TITLE II—SAFE HOMES FOR

13 WOMEN

14 SEC. 201. SHORT TITLE.

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

16 Women Act of 1993’’.

17 Subtitle A—Family Violence Pre18 vention and Services Act

19 Amendments

20 SEC. 211. GRANTS FOR A NATIONAL DOMESTIC VIOLENCE

21 HOTLINE.

22 The Family Violence Prevention and Services Act (42

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

24 the following new section:
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1 ‘‘SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE

2 GRANTS.

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

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

5 operation of a national, toll-free telephone hotline to pro6 vide information and assistance to victims of domestic vio7 lence.

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

9 this section shall be utilized to open and operate a na10 tional, toll-free domestic violence hotline. Such funds may

11 be used for activities including—

12 ‘‘(1) contracting with a carrier for the use of a

13 toll-free telephone line;

14 ‘‘(2) employing, training and supervising per15 sonnel to answer incoming calls and provide counsel16 ing and referral services to callers on a 24-hour-a17 day basis;

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

19 updating a database of information and resources to

20 which callers may be referred throughout the United

21 States; and

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

23 throughout the United States.

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

25 agreement may not be made or entered into under this

26 section unless an application for such grant, contract or
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1 cooperative agreement has been approved by the Sec2 retary. To be approved by the Secretary under this sub3 section an application shall—

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

5 information, be in such form and be submitted in

6 such manner as the Secretary shall prescribe

7 through notice in the Federal Register;

8 ‘‘(2) include a complete description of the appli9 cant’s plan for the operation of a national domestic

10 violence hotline, including descriptions of—

11 ‘‘(A) the training program for hotline per12 sonnel;

13 ‘‘(B) the hiring criteria for hotline person14 nel;

15 ‘‘(C) the methods for the creation, mainte16 nance and updating of a resource database; and

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

18 of the hotline;

19 ‘‘(3) demonstrate that the applicant has nation20 ally recognized expertise in the area of domestic vio21 lence and a record of high quality service to victims

22 of domestic violence; and

23 ‘‘(4) contain such other information as the Sec24 retary may require.
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1 ‘‘(d) SPECIAL CONSIDERATIONS.—In considering an

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

3 take into account the applicant’s ability to offer multi4 lingual services and services for the hearing impaired.

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

6 are authorized to be appropriated to carry out this section

7 $500,000 for each of fiscal years 1993, 1994, and 1995.’’.

8 Subtitle B—Interstate Enforcement

9 SEC. 221. INTERSTATE ENFORCEMENT.

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

11 Code, is amended by inserting after chapter 110 the fol12 lowing new chapter:

13 ‘‘CHAPTER 110A—VIOLENCE AGAINST

14 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.

15 ‘‘§ 2261. Traveling to commit spousal abuse

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

17 State 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; or

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

22 or injuring a spouse or intimate partner and who, in
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1 furtherance of that purpose, commits an act that in2 jures his or her spouse or intimate partner,

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

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

5 in addition to any fine or term of imprisonment provided

6 under State law.

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

8 Any person who causes a spouse or intimate partner to

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

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

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

12 be punished as provided in subsection (c).

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

14 shall be punished as follows:

15 ‘‘(1) If permanent disfigurement or life-threat16 ening bodily injury results, by imprisonment for not

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

18 by fine under this title or imprisonment for not more

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

20 fine under this title or imprisonment for not more

21 than 5 years, or both.

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

23 commit another felony, by fine under this title or im24 prisonment for not more than 10 years, or both.
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1 ‘‘(3) If the offense is committed with a dan2 gerous weapon, with intent to do bodily harm, by

3 fine under this title or imprisonment for not more

4 than 5 years, or both.

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

6 that conduct is described under chapter 109A of

7 title 18, United States Code (without regard to

8 whether the offense was committed in the maritime,

9 territorial or prison jurisdiction of the United

10 States) by fine or term of imprisonment as provided

11 for the applicable conduct under chapter 109A.

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

13 offender required to establish an offense under subsection

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

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

16 to violate the law of a State.

17 ‘‘(e) NO PRIOR STATE ACTION NECESSARY.—Noth18 ing in this section requires a prior criminal prosecution

19 or conviction or a prior civil protection order issued under

20 State law to initiate Federal prosecution.

21 ‘‘§ 2262. Interstate violation of protection orders

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

23 protection order has been entered who travels across State

24 lines—
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1 ‘‘(1) and who, in the course of or as a result

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

3 her spouse or intimate partner in violation of a valid

4 protection order issued by a State; or

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

6 finding, contacting, or locating a spouse or intimate

7 partner and who, in furtherance of that purpose,

8 commits an act that injures his or her spouse or in9 timate partner in violation of a valid protection

10 order issued by a State, shall be punished as pro11 vided in subsection (c).

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

13 Any person who causes a spouse or intimate partner to

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

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

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

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

18 be punished as provided in subsection (c).

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

20 shall be punished as follows:

21 ‘‘(1) If permanent disfigurement or life-threat22 ening bodily injury results, by imprisonment for not

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

24 by fine under this title or imprisonment for not more

25 than 10 years, or both; if bodily injury results, by
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1 fine under this title or imprisonment for not more

2 than 5 years, or both.

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

4 commit another felony, by fine under this title or im5 prisonment for not more than 10 years, or both.

6 ‘‘(3) If the offense is committed with a dan7 gerous weapon, with intent to do bodily harm, by

8 fine under this title or imprisonment for not more

9 than 5 years, or both.

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

11 prior protection order issued against that person for

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

13 title or imprisonment for not more than 5 years and

14 not less than 6 months, or both.

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

16 that conduct is described under chapter 109A of

17 title 18, United States Code (without regard to

18 whether the conduct was committed in the special

19 maritime, territorial or prison jurisdiction of the

20 United States) by fine or term of imprisonment as

21 provided for the applicable offense under chapter

22 109A.

23 ‘‘(d) CRIMINAL INTENT.—The criminal intent re24 quired to establish the offense provided in subsection (a)

25 is the general intent to do the acts which result in injury
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1 to a spouse or intimate partner and not the specific intent

2 to violate a protection order or State law.

3 ‘‘(e) NO PRIOR STATE ACTION NECESSARY.—Noth4 ing in this section requires a prior criminal prosecution

5 or conviction under State law to initiate Federal prosecu6 tion.

7 ‘‘§ 2263. Interim protections

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

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

10 or intimate partner, any judge or magistrate before whom

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

12 the power to issue temporary orders of protection for the

13 protection of an abused spouse or intimate partner pend14 ing final disposition of the case, upon a showing of a likeli15 hood of danger to the abused spouse or intimate partner.

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

17 does not confer original jurisdiction in a Federal district

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

19 to a spouse or intimate partner unless the case—

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

21 pursuant to section 2261 or 2262; and

22 ‘‘(2) includes the interstate nexus required

23 under section 2261 or 2262.

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

25 temporary order of protection pursuant to subsection (a),
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1 the judge or magistrate shall look to the law of the State

2 where the injury occurred to determine the types of relief

3 that are appropriate.

4 ‘‘§ 2264. Restitution

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

6 of imprisonment provided under this chapter, and notwith7 standing section 3663, the court shall order restitution to

8 the victim of an offense under this chapter.

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

10 of restitution under this section shall direct that—

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

12 the appropriate court mechanism) the full amount of

13 the victim’s losses as determined by the court, pur14 suant to paragraph (2); and

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

16 restitution order by all available and reasonable

17 means.

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

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

20 by the victim for—

21 ‘‘(A) medical services relating to physical, psy22 chiatric, or psychological care;

23 ‘‘(B) physical and occupational therapy or reha24 bilitation;

25 ‘‘(C) lost income;
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1 ‘‘(D) attorneys’ fees, plus any costs incurred in

2 obtaining a civil protection order; and

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

4 a proximate result of the offense.

5 ‘‘(3) A restitution order under this section is manda6 tory. A court may not decline to issue an order under this

7 section because of—

8 ‘‘(A) the economic circumstances of the defend9 ant; or

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

11 receive compensation for his or her injuries from the

12 proceeds of insurance.

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

14 may take into account the economic circumstances of the

15 defendant in determining the manner in which and the

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

17 including—

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

19 the defendant;

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

21 other income of the defendant; and

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

23 including obligations to dependents.

24 ‘‘(B) An order under this section may direct the de25 fendant to make a single lump-sum payment, or partial
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1 payments at specified intervals. The order shall provide

2 that the defendant’s restitutionary obligation takes prior3 ity over any criminal fine ordered.

4 ‘‘(C) If the victim has recovered for any amount of

5 loss through the proceeds of insurance or any other

6 source, the order of restitution shall provide that restitu7 tion be paid to the person who provided the compensation,

8 but that restitution shall be paid to the victim for the vic9 tim’s other losses before any restitution is paid to any

10 other provider of compensation.

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

12 shall be set off against any amount later recovered as com13 pensatory damages by the victim from the defendant in—

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

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

16 provided by the law of the State.

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

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

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

20 States Attorney’s delegee), after consulting with the vic21 tim, shall prepare and file an affidavit with the court list22 ing the amounts subject to restitution under this section.

23 The affidavit shall be signed by the United States Attor24 ney (or the United States Attorney’s delegee) and the vic25 tim. Should the victim object to any of the information
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1 included in the affidavit, the United States Attorney (or

2 the United States Attorney’s delegee) shall advise the vic3 tim that the victim may file a separate affidavit and shall

4 provide the victim with an affidavit form which may be

5 used to do so.

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

7 amounts attested to in the affidavit filed pursuant to para8 graph (1) shall be entered in the court’s restitution order.

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

10 the United States Attorney (or the United States Attor11 ney’s delegee) to submit further affidavits or other sup12 porting documents, demonstrating the victim’s losses.

13 ‘‘(3) If the court concludes, after reviewing the sup14 porting documentation and considering the defendant’s

15 objections, that there is a substantial reason for doubting

16 the authenticity or veracity of the records submitted, the

17 court may require additional documentation or hear testi18 mony on those questions. Any records filed, or testimony

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

20 the judge’s chambers.

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

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

23 the United States Attorney (or the United States Attor24 ney’s delegee) shall so inform the court, and the court

25 shall set a date for the final determination of the victim’s
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1 losses, not to exceed 90 days after sentencing. If the victim

2 subsequently discovers further losses, the victim shall have

3 60 days after discovery of those losses in which to petition

4 the court for an amended restitution order. Such an order

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

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

7 restitutionary relief.

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

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

10 chapter shall not be a substitute for imposition of punish11 ment under sections 2261 and 2262.

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

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

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

15 the case of a victim who is under 18 years of age, incom16 petent, incapacitated, or deceased, the legal guardian of

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

18 family member, or any other person appointed as suitable

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

20 as such a representative or guardian.

21 ‘‘§ 2265. Full faith and credit given to protection or22 ders

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

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

25 of 1 State (the issuing State) shall be accorded full faith
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1 and credit by the court of another State (the enforcing

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

3 State.

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

5 issued by a State court is consistent with this subsection

6 if—

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

8 and matter under the law of the State; and

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

10 heard is given to the person against whom the order

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

12 due process.

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

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

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

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

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

18 rights.

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

20 order issued by a State court against one who has peti21 tioned, filed a complaint, or otherwise filed a written

22 pleading for protection against abuse by a spouse or inti23 mate partner is not entitled to full faith and credit if—
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1 ‘‘(1) no cross- or counter-petition, complaint, or

2 other written pleading was filed seeking such a pro3 tection order; or

4 ‘‘(2) if a cross- or counter-petition has been

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

6 each party was entitled to such an order.

7 ‘‘§ 2266. Definitions

8 ‘‘As used in this chapter—

9 ‘‘(1) the term ‘spouse or intimate partner’ in10 cludes—

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

12 who shares a child in common with an abuser,

13 and a person who cohabits or has cohabited

14 with an abuser as a spouse; and

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

16 a spouse who is protected by the domestic or

17 family violence laws of the State in which the

18 injury occurred or where the victim resides, or

19 any other adult person who is protected from

20 an abuser’s acts under the domestic or family

21 violence laws of the State in which the injury

22 occurred or where the victim resides;

23 ‘‘(2) the term ‘protection order’ includes an in24 junction or other order issued for the purpose of

25 preventing violent or threatening acts by 1 spouse
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1 against his or her spouse or intimate partner, in2 cluding a temporary or final order issued by a civil

3 or criminal court (other than a support or child cus4 tody order or provision) whether obtained by filing

5 an independent action or as a pendente lite order in

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

7 order, the order was issued in response to a com8 plaint, petition, or motion filed by or on behalf of an

9 abused spouse or intimate partner;

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

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

12 physical injury or sexual abuse;

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

14 United States, the District of Columbia, and any In15 dian tribe, commonwealth, territory, or possession of

16 the United States; and

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

18 any travel except travel across State lines by an In19 dian tribal member when that member remained at

20 all times on tribal lands.’’.

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

22 part 1 of title 18, United States Code, is amended by in23 serting after the item for chapter 110 the following new

24 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.

Æ

S 11 IS——2

S 11 IS——3

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S 11 IS——7