103D CONGRESS

1ST SESSION H. R. 1133

AN ACT

To combat violence and crimes against women.
103D CONGRESS

1ST SESSION H. R. 1133

AN ACT

To combat violence and crimes against women.

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 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—Law Enforcement and

7 Prosecution Grants To Reduce

8 Violent Crimes Against Women

9 SEC. 111. GRANTS TO COMBAT VIOLENT CRIMES AGAINST

10 WOMEN.

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

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

13 et seq.) is amended by—

14 (1) redesignating part Q as part R;

15 (2) redesignating section 1701 as section 1801;

16 and

17 (3) adding after part P the following new part:

18 ‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES

19 AGAINST WOMEN

20 ‘‘SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.

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

22 this part is to assist States, Indian tribes, and other eligi23 ble entities to develop effective law enforcement and pros24 ecution strategies to combat violent crimes against women.
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1 ‘‘(b) PURPOSES FOR WHICH GRANTS MAY BE

2 USED.—Grants under this part shall provide funds for

3 personnel, training, technical assistance, data collection

4 and other equipment for the more widespread apprehen5 sion, prosecution, and adjudication of persons committing

6 violent crimes against women to reduce the rate of violent

7 crime against women and specifically, for the purposes

8 of—

9 ‘‘(1) training law enforcement officers and pros10 ecutors to identify and respond more effectively to

11 violent crimes against women, including crimes of

12 sexual assault and domestic violence;

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

14 law enforcement officers and prosecutors that spe15 cifically target violent crimes against women, includ16 ing the crimes of sexual assault and domestic vio17 lence;

18 ‘‘(3) developing and implementing more effec19 tive police and prosecution policies, protocols, orders,

20 or services specifically devoted to the prevention of,

21 identification of, and response to violent crimes

22 against women, including the crimes of sexual as23 sault and domestic violence;

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

25 collection systems, including computerized systems,
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1 linking police, prosecutors, and courts or identifying

2 and tracking arrests, protection orders, prosecutions,

3 and convictions for the crimes of sexual assault and

4 domestic violence;

5 ‘‘(5) developing, enlarging, or strengthening vic6 tim services programs, including sexual assault and

7 domestic violence programs, developing or improving

8 delivery of victim services to racial, cultural, ethnic,

9 and language minorities, and increasing reporting

10 and reducing attrition rates for cases involving vio11 lent crimes against women, including crimes of sex12 ual assault and domestic violence; and

13 ‘‘(6) aiding Indian tribe grantees, exclusively, in

14 financing the payments required under sections 112

15 and 113 of the Violence Against Women Act of

16 1993.

17 ‘‘SEC. 1702. STATE GRANTS.

18 ‘‘(a) GENERAL GRANTS.—The Director of the Bu19 reau of Justice Assistance (hereinafter in this part re20 ferred to as the ‘Director’) is authorized to make grants

21 to States, Indian tribes, units of local government, tribal

22 organizations, and nonprofit nongovernmental victim serv23 ices programs in the States or Indian country.

24 ‘‘(b) APPLICATION REQUIREMENTS.—Applications

25 shall include—
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1 ‘‘(1) documentation from prosecution, law en2 forcement, and victim services programs to be as3 sisted that demonstrates—

4 ‘‘(A) the need for grant funds;

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

6 ‘‘(C) the expected results;

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

8 for the payment of forensic medical exams provided

9 pursuant to section 112 of the Violence Against

10 Women Act of 1993, except that Indian tribes are

11 exempt from such requirement; and

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

13 for paying filing and service fees for domestic vio14 lence cases pursuant to section 113 of the Violence

15 Against Women Act of 1993.

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

17 subsection (b), an eligible entity shall be eligible for funds

18 provided under this part by—

19 ‘‘(1) certifying that funds received under this

20 part shall be used for the purposes outlined in sec21 tion 1701(b); and

22 ‘‘(2) certifying that grantees shall develop a

23 plan, implement such plan, and otherwise consult

24 and coordinate with nonprofit nongovernmental do25 mestic violence and sexual assault victim services
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1 programs, law enforcement officials, victim advo2 cates, prosecutors, and defense attorneys;

3 ‘‘(3) providing documentation from the individ4 uals and groups listed under paragraph (2) regard5 ing their participation in development of a plan and

6 involvement in the application process, as well as

7 how such individuals and groups will be involved in

8 implementation of the plan;

9 ‘‘(4) providing assurances that the plan devel10 oped under paragraph (2) shall meet the needs of

11 racial, cultural, ethnic, and language minority popu12 lations;

13 ‘‘(5) providing assurances that prosecution, law

14 enforcement, and nonprofit nongovernmental victim

15 services programs in the community to be served by

16 such plan each receive an equitable percentage of

17 any funds allocated under this part; and

18 ‘‘(6) providing assurances that any Federal

19 funds received under this part shall be used to sup20 plement, not supplant, non-Federal funds that would

21 otherwise be available for activities funded under

22 this part.

23 ‘‘(d) DISBURSEMENT OF FUNDS.—

24 ‘‘(1) IN GENERAL.—Not later than 60 days

25 after the receipt of an application under this part,
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1 the Director shall either disburse the appropriate

2 sums provided for under this part or shall inform

3 the applicant regarding why the application does not

4 conform to the requirements of this section.

5 ‘‘(2) RESPONSIBILITY OF DIRECTOR.—In dis6 bursing funds under this part, the Director shall

7 issue regulations—

8 ‘‘(A) to distribute funds equitably on a ge9 ographic basis, including nonurban and rural

10 areas of varying geographic size; and

11 ‘‘(B) give priority to areas of varying geo12 graphic size with the greatest showing of need

13 based on the availability of existing domestic vi14 olence and sexual assault programs in the popu15 lation and geographic area to be served in rela16 tion to the availability of such programs in

17 other such populations and geographic areas.

18 ‘‘(e) GRANTEE REPORTING.—(1) Not later than

19 March 31 of each year during which funds are received

20 under this part, the grantee shall file a performance report

21 with the Director explaining the activities carried out to22 gether with an assessment of the effectiveness of such ac23 tivities in achieving the purposes of this part.
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1 ‘‘(2) The grantee shall arrange for assessments of the

2 grantee’s program from all organizations and government

3 entities that were involved in the design of the grant plan.

4 ‘‘(3) Such assessments must be sent directly to the

5 Director by the assessing entity.

6 ‘‘(f) SUSPENSION OF FUNDING.—The Director shall

7 suspend funding for an approved application if—

8 ‘‘(1) an applicant fails to submit an annual per9 formance report;

10 ‘‘(2) funds provided under this part are ex11 pended for purposes other than those set forth under

12 this part; or

13 ‘‘(3) grant reports or accompanying assess14 ments demonstrate to the Director that the program

15 is ineffective or financially unsound.

16 ‘‘SEC. 1703. GENERAL DEFINITIONS.

17 ‘‘For purposes of this part—

18 ‘‘(1) the term ‘domestic violence’ means crimes

19 of violence committed against a victim by a current

20 or former spouse of the victim, an individual with

21 whom the victim shares a child in common, an indi22 vidual who is cohabiting with or has cohabited with

23 the victim as a spouse, an individual similarly situ24 ated to a spouse, or any other individual who is pro-
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1 tected under domestic or family violence laws of the

2 jurisdiction that receives a grant under this part;

3 ‘‘(2) the term ‘eligible entity’ means a State,

4 unit of local government, Indian tribe, and a non5 profit, nongovernmental victims services program;

6 ‘‘(3) the term ‘Indian tribe’ means any Indian

7 tribe, band, nation, or other organized group or com8 munity, including any Alaska Native village or re9 gional or village corporation (as defined in, or estab10 lished pursuant to, the Alaska Native Claims Settle11 ment Act (43 U.S.C. 1601, et seq.)), which is recog12 nized as eligible for the special services provided by

13 the United States to Indians because of their status

14 as Indians;

15 ‘‘(4) the term ‘Indian country’ has the meaning

16 given to such term by section 1151 of title 18, Unit17 ed States Code;

18 ‘‘(5) the term ‘sexual assault’ means any con19 duct proscribed by chapter 109A of title 18, United

20 States Code, whether or not the conduct occurs in

21 the special maritime and territorial jurisdiction of

22 the United States or in a Federal prison and in23 cludes both assaults committed by offenders who are

24 strangers to the victim and assaults committed by
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1 offenders who are known or related by blood or mar2 riage to the victim; and

3 ‘‘(6) the term ‘victim services program’ means

4 a nongovernmental nonprofit program that assists

5 domestic violence or sexual assault victims, including

6 nongovernmental nonprofit organizations such as

7 rape crisis centers, battered women’s shelters, and

8 other sexual assault and domestic violence programs,

9 including nonprofit nongovernmental organizations

10 assisting domestic violence and sexual assault vic11 tims through the legal process.

12 ‘‘SEC. 1704. GENERAL TERMS AND CONDITIONS.

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

14 the assistance provided under sections 1702, the Attorney

15 General may request any Federal agency, with or without

16 reimbursement, to use its authorities and the resources

17 granted to it under Federal law (including personnel,

18 equipment, supplies, facilities, and managerial, technical,

19 and advisory services) to support State, tribal, and local

20 assistance efforts under this part.

21 ‘‘(b) BUREAU REPORTING.—Not later than 180 days

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

23 under this part, the Director shall submit to the Congress

24 a report that includes, for each State and Indian tribe—
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1 ‘‘(1) the amount of grants made under this

2 part;

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

4 grants were provided and an evaluation of progress;

5 and

6 ‘‘(3) an evaluation of the effectiveness of pro7 grams established with funds under this part.’’.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

9 1001(a) of title I of the Omnibus Crime Control and Safe

10 Streets Act of 1968 (42 U.S.C. 3793), is amended by add11 ing after paragraph (10) the following:

12 ‘‘(11) There are authorized to be appropriated for

13 each of the fiscal years 1994 and 1995, $200,000,000 to

14 carry out the purposes of part Q, with not less than 8

15 percent of such appropriation allotted specifically for In16 dian tribes.’’.

17 (c) ADMINISTRATIVE PROVISIONS.—(1) Section

18 801(b) of title I of the Omnibus Crime Control and Safe

19 Streets Act of 1968 is amended by striking ‘‘and O’’ and

20 inserting ‘‘O, and Q’’; and

21 (2) Section 802(b) of title I of the Omnibus Crime

22 Control and Safe Streets Act of 1968 is amended by strik23 ing ‘‘or O’’ and inserting ‘‘O, or Q’’.

24 (d) CONFORMING AMENDMENT.—The table of con25 tents of title I of the Omnibus Crime Control and Safe
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1 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended

2 by striking the matter relating to part Q and inserting

3 the following:

‘‘PART Q—GRANT TO COMBAT VIOLENT CRIMES AGAINST WOMEN

‘‘Sec. 1701. Purpose of the program and grants.

‘‘Sec. 1702. State grants.

‘‘Sec. 1703. General definitions.

‘‘Sec. 1704. General terms and conditions.

‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings’’.

4 SEC. 112. RAPE EXAM PAYMENTS.

5 (a) RESTRICTION OF FUNDS.—No State is entitled

6 to funds under this title unless the State incurs the full

7 out of pocket cost of forensic medical exams described in

8 subsection (b) for victims of sexual assault.

9 (b) MEDICAL COSTS.—A State shall be deemed to

10 incur the full out of pocket cost of forensic medical exams

11 for victims of sexual assault if such State—

12 (1) provides such exams to victims free of

13 charge to the victim;

14 (2) arranges for victims to obtain such exams

15 free of charge to the victims; or

16 (3) reimburses victims for the cost of such

17 exams, if—

18 (A) the reimbursement covers the full cost

19 of such exams, without any deductible require20 ment or limit on the amount of a reimburse21 ment;
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1 (B) the State permits victims to apply to

2 the State for reimbursement for not less than

3 one year from the date of the exam;

4 (C) the State provides reimbursement not

5 later than 90 days after written notification of

6 the victim’s expense; and

7 (D) the State provides information at the

8 time of the exam to all victims, including vic9 tims with limited or no English proficiency, re10 garding how to obtain reimbursement.

11 SEC. 113. FILING COSTS FOR CRIMINAL CHARGES.

12 No State is entitled to funds under this title unless

13 the State certifies that their laws, policies, and practices

14 do not require, in connection with the prosecution of any

15 misdemeanor or felony domestic violence offense, that the

16 abused bear the costs associated with the filing of criminal

17 charges against the domestic violence offender, or that the

18 abused bear the costs associated with the issuance or serv19 ice of a warrant, protection order, or witness subpoena.

20 SEC. 114. EQUITABLE TREATMENT OF RAPE CASES.

21 No State is entitled to funds under this title unless

22 the State can certify that its laws and policies treat sex

23 offenses committed by offenders who are known to, cohabi24 tants of, social companions of, or related by blood or mar-
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1 riage to, the victim no less severely than sex offenses com2 mitted by offenders who are strangers to the victim.

3 Subtitle B—Rape Prevention

4 Programs

5 CHAPTER 1—RAPE PREVENTION GRANTS

6 SEC. 121. EDUCATION AND PREVENTION GRANTS TO RE7 DUCE SEXUAL ASSAULTS AGAINST WOMEN.

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

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

10 et seq.), as amended by section 111, is further amended

11 by—

12 (1) redesignating part R as part S;

13 (2) redesignating section 1801 as section 1901;

14 and

15 (3) adding after part Q the following new part:

16 ‘‘PART R—RAPE PREVENTION PROGRAMS

17 ‘‘SEC. 1801. GRANT AUTHORIZATION.

18 ‘‘The Director of the Bureau of Justice Assistance

19 (referred to in this part as the ‘Director’) is authorized

20 to make grants—

21 ‘‘(1) to provide educational seminars, particu22 larly developed with emphasis on seminars for ele23 mentary and secondary school age children, designed

24 to develop an awareness of what acts meet the legal

25 definition of rape;
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1 ‘‘(2) to provide programs for elementary and

2 secondary school age children that teach nonviolent

3 conflict resolution, self defense, or other relevant

4 skills;

5 ‘‘(3) to operate telephone hotlines for callers

6 with questions regarding sexual assault and rape;

7 ‘‘(4) to design and disseminate training pro8 grams for professionals, including the development

9 and dissemination of protocols for the routine identi10 fication, treatment, and appropriate referral of vic11 tims of sexual assault by hospital emergency person12 nel and other professionals;

13 ‘‘(5) to develop treatment programs for con14 victed sex offenders and make such programs avail15 able to the local community and to Federal and

16 State prisons;

17 ‘‘(6) to prepare and disseminate informational

18 materials designed to educate the community regard19 ing sexual assault and prevention; and

20 ‘‘(7) to develop other projects to increase

21 awareness and prevention of sexual assault, includ22 ing efforts to increase awareness of sexual assault

23 prevention among racial, ethnic, cultural and lan24 guage minorities.
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1 ‘‘SEC. 1802. APPLICATIONS.

2 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

3 under this part, a duly authorized representative of an eli4 gible entity shall submit an application to the Director in

5 such form and containing such information as the Director

6 may reasonably require.

7 ‘‘(b) ASSURANCES.—Each application must contain

8 an assurance that Federal funds received under this part

9 shall be used to supplement, not supplant, non-Federal

10 funds that would otherwise be available for activities fund11 ed under this part.

12 ‘‘(c) REQUIRED PLAN.—Each application shall in13 clude a plan that contains—

14 ‘‘(1) a description of the projects to be devel15 oped;

16 ‘‘(2) a description of how funds would be spent;

17 ‘‘(3) a statement of staff qualifications and

18 demonstrated expertise in the field of rape preven19 tion and education; and

20 ‘‘(4) a statement regarding the ability to serve

21 community needs and language minority populations

22 in providing ethnically and culturally and linguis23 tically appropriate programs where necessary.

24 ‘‘SEC. 1803. REPORTS.

25 ‘‘(a) GRANTEE REPORTING.—Upon completion of the

26 grant period under this subpart, each grantee shall file
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1 a performance report with the Director explaining the ac2 tivities carried out together with an assessment of the ef3 fectiveness of such activities in achieving the purposes of

4 this subpart. The Director shall suspend funding for an

5 approved application if an applicant fails to submit an an6 nual performance report.

7 ‘‘(b) BUREAU REPORTING.—Not later than 180 days

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

9 under this subpart, the Director shall submit to the Con10 gress a report that includes, for each grantee—

11 ‘‘(1) the amount of grants made under this sub12 part;

13 ‘‘(2) a summary of the purposes for which

14 grants were provided and an evaluation of progress;

15 and

16 ‘‘(3) an evaluation of the effectiveness of pro17 grams established with funds under this part.

18 ‘‘SEC. 1804. DEFINITIONS.

19 ‘‘For purposes of this part—

20 ‘‘(1) the term ‘eligible entity’ means a non21 profit, nongovernmental organization that directly

22 serves or provides advocacy on behalf of victims of

23 rape or sexual assault; and
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1 ‘‘(2) the term ‘sexual assault prevention and

2 education’ means education and prevention efforts

3 directed at reducing the number of sexual assaults.’’.

4 (b) AUTHORIZATION OF APPROPRIATION.—Section

5 1001(a) of title I of the Omnibus Crime Control and Safe

6 Streets Act of 1968 (42 U.S.C. 3793), is amended by add7 ing after paragraph (11), as added by section 111 of this

8 Act, the following:

9 ‘‘(12) There are authorized to be appropriated to

10 carry out the purposes of part R, $60,000,000 for fiscal

11 year 1994, $75,000,000 for fiscal year 1995, and

12 $100,000,000 for fiscal year 1996.’’.

13 (c) ADMINISTRATIVE PROVISIONS.—(1) Section

14 801(b) of title I of the Omnibus Crime Control and Safe

15 Streets Act of 1968, as amended by section 111 of this

16 Act, is amended by striking ‘‘O, and Q’’ and inserting ‘‘O,

17 Q, and R’’; and

18 (2) Section 802(b) of title I of the Omnibus Crime

19 Control and Safe Streets Act of 1968, as amended by sec20 tion 111 of this Act, is amended by striking ‘‘O, or Q’’

21 and inserting ‘‘O, Q, or R’’.

22 (d) CONFORMING AMENDMENT.—The table of con23 tents of title I of the Omnibus Crime Control and Safe

24 Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
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1 by section 111, is amended by striking the matter relating

2 to part R and inserting the following:

‘‘PART R—RAPE PREVENTION PROGRAMS

‘‘Sec. 1801. Grant authorization.

‘‘Sec. 1802. Applications.

‘‘Sec. 1803. Reports.

‘‘Sec. 1804. Definitions.

‘‘PART S—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1901. Continuation of rules, authorities, and proceedings.’’.

3 CHAPTER 2—OFFENDER TRAINING AND

4 INFORMATION PROGRAMS

5 SEC. 126. NATIONAL INSTITUTE OF JUSTICE TRAINING

6 PROGRAMS.

7 (a) IN GENERAL.—The National Institute of Justice,

8 after consultation with victim advocates and individuals

9 who have expertise in treating sex offenders, shall estab10 lish criteria and develop training programs to assist proba11 tion and parole officer and other personnel who work with

12 released sex offenders in the areas of—

13 (1) case management;

14 (2) supervision; and

15 (3) relapse prevention.

16 (b) TRAINING PROGRAMS.—The Director of the Na17 tional Institute of Justice shall attempt, to the extent

18 practicable, to make training programs developed under

19 subsection (a) available in geographically diverse locations

20 throughout the country.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated $1,000,000 for each of the

3 fiscal years 1994 and 1995 to carry out the provisions

4 of this section.

5 SEC. 127. INFORMATION PROGRAMS.

6 The Attorney General shall compile information re7 garding sex offender treatment programs and ensure that

8 information regarding community treatment programs in

9 the community into which a convicted sex offender is re10 leased is made available to each person serving a sentence

11 of imprisonment in a Federal penal or correctional institu12 tion for a commission of an offense under chapter 109A

13 of title 18 of the United States Code or for the commission

14 of a similar offense, including halfway houses and psy15 chiatric institutions.

16 Subtitle C—Victim Compensation

17 SEC. 131. VICTIM COMPENSATION.

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

19 States Code, is amended by adding at the end the follow20 ing new section:

21 ‘‘§ 2246. Mandatory restitution for sex offenses

22 ‘‘(a) IN GENERAL.—Notwithstanding section 3663 of

23 this title, and in addition to any other civil or criminal

24 penalty authorized by law, the court shall order restitution

25 for any offense under this chapter.
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1 ‘‘(b) SCOPE AND NATURE OF ORDER.—

2 ‘‘(1) IN GENERAL.—The order of restitution

3 under this section shall direct that—

4 ‘‘(A) the defendant pay to the victim the

5 full amount of the victim’s losses as determined

6 by the court, pursuant to paragraph (3) of this

7 subsection; and

8 ‘‘(B) the United States Attorney enforce

9 the restitution order by all available and reason10 able means.

11 ‘‘(2) DEFINITIONS.—As used in this subsection,

12 the term ‘full amount of the victim’s losses’ includes

13 any costs incurred by the victim for—

14 ‘‘(A) medical services relating to physical,

15 psychiatric, or psychological care;

16 ‘‘(B) physical and occupational therapy or

17 rehabilitation;

18 ‘‘(C) lost income;

19 ‘‘(D) attorneys’ fees, plus any costs in20 curred in obtaining a civil protection order;

21 ‘‘(E) temporary housing;

22 ‘‘(F) transportation;

23 ‘‘(G) necessary child care;

24 ‘‘(H) language translation services; and
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1 ‘‘(I) any other losses suffered by the victim

2 as a proximate result of the offense.

3 ‘‘(3) MANDATORY NATURE OF ORDER.—(A)

4 Restitution orders under this section are mandatory.

5 A court may not decline to issue an order under this

6 section because of—

7 ‘‘(i) the economic circumstances of the de8 fendant; or

9 ‘‘(ii) the fact that a victim has, or is enti10 tled to, receive compensation for his or her inju11 ries from the proceeds of insurance or any other

12 source.

13 ‘‘(B) Subparagraph (A) of this paragraph does

14 not apply if—

15 ‘‘(i) the court finds on the record that the

16 economic circumstances of the defendant do not

17 allow for the payment of any amount of a res18 titution order, and do not allow for the payment

19 of any amount of a restitution order in the fore20 seeable future (under any reasonable schedule

21 of payments); and

22 ‘‘(ii) the court enters in its order the

23 amount of the victim’s losses, and provides a

24 nominal restitution award.
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1 ‘‘(4) CONSIDERATION OF ECONOMIC CIR2 CUMSTANCES.—

3 ‘‘(A) IN GENERAL.—Notwithstanding para4 graph (3) of this subsection, the court may take

5 into account the economic circumstances of the

6 defendant in determining the manner in which

7 and the schedule according to which the restitu8 tion is to be paid, including—

9 ‘‘(i) the financial resources and other

10 assets of the defendant;

11 ‘‘(ii) projected earnings, earning ca12 pacity, and other income of the defendant;

13 and

14 ‘‘(iii) any financial obligations of the

15 defendant, including obligations to depend16 ents.

17 ‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—

18 An order under this section may direct the de19 fendant to make a single lump-sum payment or

20 partial payments at specified intervals. The

21 order shall also provide that the defendant’s

22 restitutionary obligation takes priority over any

23 criminal fine ordered.

24 ‘‘(5) SETOFF.—Any amount paid to a victim

25 under this section shall be set off against any
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1 amount later recovered as compensatory damages by

2 the victim from the defendant in—

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

4 ‘‘(B) any State civil proceeding, to the ex5 tent provided by the law of the State.

6 ‘‘(c) PROOF OF CLAIM.—

7 ‘‘(1) IN GENERAL.—Within 60 days after con8 viction and, in any event, no later than 10 days

9 prior to sentencing, the United States Attorney (or

10 delegate), after consulting with the victim, shall pre11 pare and file an affidavit with the court listing the

12 amounts subject to restitution under this section.

13 The affidavit shall be signed by the United States

14 Attorney (or delegate) and the victim. Should the

15 victim object to any of the information included in

16 the affidavit, the United States Attorney (or dele17 gate) shall advise the victim that the victim may file

18 a separate affidavit.

19 ‘‘(2) OBJECTIONS.—If, after notifying the de20 fendant of the affidavit, no objection is raised by the

21 defendant, the amounts attested to in the affidavit

22 filed pursuant to paragraph (1) of this subsection

23 shall be entered in the court’s restitution order. If

24 objection is raised, the court may require the victim

25 or the United States Attorney (or such Attorney’s
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1 delegate) to submit further affidavits or other sup2 porting documents, demonstrating the victim’s

3 losses.

4 ‘‘(3) ADDITIONAL DOCUMENTATION AND TESTI5 MONY.—If the court concludes, after reviewing the

6 supporting documentation and considering the de7 fendant’s objections, that there is a substantial rea8 son for doubting the authenticity or veracity of the

9 records submitted, the court may require additional

10 documentation or hear testimony on those questions.

11 The privacy of any records filed, or testimony heard,

12 pursuant to this section, shall be maintained to the

13 greatest extent possible.

14 ‘‘(4) FINAL DETERMINATION OF LOSSES.—In

15 the event that the victim’s losses are not ascertain16 able 10 days prior to sentencing as provided in sub17 section (c)(1) of this section, the United States At18 torney (or delegate) shall so inform the court, and

19 the court shall set a date for the final determination

20 of the victim’s losses, not to exceed 90 days after

21 sentencing. If the victim subsequently discovers fur22 ther losses, the victim shall have 60 days after dis23 covery of those losses in which to petition the court

24 for an amended restitution order. Such order may be

25 granted only upon a showing of good cause for the
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1 failure to include such losses in the initial claim for

2 restitutionary relief.’’.

3 (b) TABLE OF SECTIONS.—The table of sections at

4 the beginning of chapter 109A of title 18, United States

5 Code, is amended by adding at the end the following:

‘‘2246. Mandatory restitution for sex offenses.’’.

6 Subtitle D—Safe Campuses for

7 Women

8 SEC. 141. CAMPUS SEXUAL ASSAULT STUDY.

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

10 a national baseline study to examine the scope of the prob11 lem of campus sexual assaults and the effectiveness of in12 stitutional and legal policies in addressing such crimes and

13 protecting victims. The Attorney General may utilize the

14 Bureau of Justice Statistics, the National Institute of Jus15 tice, and the Office for Victims of Crime in carrying out

16 this section.

17 (b) REPORT.—Based on the study required by sub18 section (a), the Attorney General shall prepare a report

19 including an analysis of—

20 (1) the number of reported allegations and esti21 mated number of unreported allegations of campus

22 sexual assaults, and to whom the allegations are re23 ported (including authorities of the educational insti24 tution, sexual assault victim service entities, and

25 local criminal authorities);
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1 (2) the number of campus sexual assault allega2 tions reported to authorities of educational institu3 tions which are reported to criminal authorities;

4 (3) the number of campus sexual assault allega5 tions that result in criminal prosecution in compari6 son with the number of noncampus sexual assault

7 allegations that result in criminal prosecution;

8 (4) Federal and State laws or regulations per9 taining specifically to campus sexual assaults;

10 (5) the adequacy of policies and practices of

11 educational institutions in addressing campus sexual

12 assaults and protecting victims, including consider13 ation of—

14 (A) the security measures in effect at edu15 cational institutions, such as utilization of cam16 pus police and security guards, control over ac17 cess to grounds and buildings, supervision of

18 student activities and student living arrange19 ments, control over the consumption of alcohol

20 by students, lighting, and the availability of es21 cort services;

22 (B) the articulation and communication to

23 students of the institution’s policies concerning

24 sexual assaults;
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1 (C) policies and practices that may prevent

2 or discourage the reporting of campus sexual

3 assaults to local criminal authorities, or that

4 may otherwise obstruct justice or interfere with

5 the prosecution of perpetrators of campus sex6 ual assaults;

7 (D) the nature and availability of victim

8 services for victims of campus sexual assaults;

9 (E) the ability of educational institutions’

10 disciplinary processes to address allegations of

11 sexual assault adequately and fairly;

12 (F) measures that are taken to ensure that

13 victims are free of unwanted contact with al14 leged assailants, and disciplinary sanctions that

15 are imposed when a sexual assault is deter16 mined to have occurred; and

17 (G) the grounds on which educational in18 stitutions are subject to lawsuits based on cam19 pus sexual assaults, the resolution of these

20 cases, and measures that can be taken to avoid

21 the likelihood of lawsuits;

22 (6) an assessment of the policies and practices

23 of educational institutions that are most effective in

24 addressing campus sexual assaults and protecting
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1 victims, including policies and practices relating to

2 the particular issues described in paragraph (5); and

3 (7) any recommendations the Attorney General

4 may have for reforms to address campus sexual as5 saults and protect victims more effectively, and any

6 other matters that the Attorney General deems rel7 evant to the subject of the study and report required

8 by this section.

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

10 by subsection (b) shall be submitted to the Committees

11 on Education and Labor and the Judiciary of the House

12 of Representatives and the Committees on Labor and

13 Human Resources and the Judiciary of the Senate not

14 later than September 1, 1995.

15 (d) DEFINITION.—For purposes of this subtitle,

16 ‘‘campus sexual assaults’’ means sexual assaults commit17 ted against or by students or employees of institutions of

18 postsecondary education and occurring at such institu19 tions or during activities connected with such institutions.

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

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

22 study required by this section.
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1 TITLE II—SAFE HOMES FOR

2 WOMEN

3 SEC. 201. SHORT TITLE.

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

5 Women Act’’.

6 Subtitle A—Interstate Enforcement

7 SEC. 211. INTERSTATE ENFORCEMENT.

8 (a) IN GENERAL.—Part I of title 18, United States

9 Code, is amended by inserting after chapter 110 the fol10 lowing new chapter:

11 ‘‘CHAPTER 110A—DOMESTIC VIOLENCE

‘‘Sec. 2261. Interstate domestic violence.

‘‘Sec. 2262. Violation of protection order.

‘‘Sec. 2263. Pretrial release of defendant.

‘‘Sec. 2264. Restitution.

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

‘‘Sec. 2266. Definitions for chapter.

12 ‘‘§ 2261. Interstate domestic violence

13 ‘‘(a) Whoever travels across a State line or enters or

14 leaves Indian country with the intent to contact that per15 son’s spouse or intimate partner, and in the course of that

16 contact intentionally commits a crime of violence and

17 thereby causes bodily injury to such spouse or intimate

18 partner, shall be punished as provided in subsection (b)

19 of this section.

20 ‘‘(b) The punishment for a violation of subsection (a)

21 of this section is a fine under this title, or imprisonment—
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1 ‘‘(1) for life or any term of years, if the of2 fender murders the victim;

3 ‘‘(2) for not more than 20 years, if the offender

4 causes serious bodily injury to the victim;

5 ‘‘(3) for not more than 10 years, if the offender

6 uses a dangerous weapon during the offense;

7 ‘‘(4) as provided for the applicable conduct

8 under chapter 109A, if the offense constitutes sexual

9 abuse, as described under chapter 109A (without re10 gard to whether the offense was committed in the

11 special maritime and territorial jurisdiction of the

12 United States or in a Federal prison); and

13 ‘‘(5) for not more than 5 years, in any other

14 case;

15 or both such fine and imprisonment.

16 ‘‘§ 2262. Violation of protection order

17 ‘‘(a) Whoever travels across a State line or enters or

18 leaves Indian country with the intent to engage in conduct

19 that—

20 ‘‘(1)(A) violates a protection order, any portion

21 of which involves protection against credible threats

22 of violence, repeated harassment, or bodily injury, to

23 the person or persons for whom the protection order

24 was issued, and—
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1 ‘‘(B) violates that portion of such protection

2 order; or

3 ‘‘(2) would violate paragraph (1) of this sub4 section if the conduct occurred in the jurisdiction in

5 which such order was issued;

6 and does engage in such conduct shall be punished as pro7 vided in subsection (b) of this section.

8 ‘‘(b) The punishment for a violation of subsection (a)

9 of this section is a fine under this title, or imprisonment—

10 ‘‘(1) for life or any term of years, if the of11 fender murders the victim;

12 ‘‘(2) for not more than 20 years, if the offender

13 causes serious bodily injury to the victim;

14 ‘‘(3) for not more than 10 years, if the offender

15 uses a dangerous weapon during the offense;

16 ‘‘(4) as provided for the applicable conduct

17 under chapter 109A, if the offense constitutes sexual

18 abuse, as described under chapter 109A (without re19 gard to whether the offense was committed in the

20 special maritime and territorial jurisdiction of the

21 United States or in a Federal prison); and

22 ‘‘(5) for not more than 5 years, in any other

23 case;

24 or both such fine and imprisonment.
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1 ‘‘§ 2263. Pretrial release of defendant

2 ‘‘In any proceeding pursuant to section 3142 of this

3 title for the purpose of determining whether a defendant

4 charged under this chapter shall be released pending trial,

5 or for the purpose of determining conditions of such re6 lease, the alleged victim shall be given an opportunity to

7 be heard regarding the danger posed by the defendant.

8 ‘‘§ 2264. Restitution

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

10 of imprisonment provided under this chapter, and notwith11 standing the terms of section 3663 of this title, the court

12 shall order restitution to the victim of an offense under

13 this chapter.

14 ‘‘(b) SCOPE AND NATURE OF ORDER.—

15 ‘‘(1) IN GENERAL.—The order of restitution

16 under this section shall direct that—

17 ‘‘(A) the defendant pay to the victim the

18 full amount of the victim’s losses as determined

19 by the court, pursuant to paragraph (3) of this

20 subsection; and

21 ‘‘(B) the United States Attorney enforce

22 the restitution order by all available and reason23 able means.

24 ‘‘(2) DEFINITION.—As used in this subsection,

25 the term ‘full amount of the victim’s losses’ includes

26 any costs incurred by the victim for—
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1 ‘‘(A) medical services relating to physical,

2 psychiatric, or psychological care;

3 ‘‘(B) physical and occupational therapy or

4 rehabilitation;

5 ‘‘(C) lost income;

6 ‘‘(D) attorneys’ fees, plus any costs in7 curred in obtaining a civil protection order;

8 ‘‘(E) temporary housing;

9 ‘‘(F) transportation;

10 ‘‘(G) necessary child care;

11 ‘‘(H) language translation services; and

12 ‘‘(I) any other losses suffered by the victim

13 as a proximate result of the offense.

14 ‘‘(3) MANDATORY NATURE OF ORDER.—(A)

15 Restitution orders under this section are mandatory.

16 A court may not decline to issue an order under this

17 section because of—

18 ‘‘(i) the economic circumstances of the de19 fendant; or

20 ‘‘(ii) the fact that a victim has, or is enti21 tled to, receive compensation for his or her inju22 ries from the proceeds of insurance or any other

23 source.

24 ‘‘(B) Subparagraph (A) of this paragraph does

25 not apply if—
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1 ‘‘(i) the court finds on the record that the

2 economic circumstances of the defendant do not

3 allow for the payment of any amount of a res4 titution order, and do not allow for the payment

5 of any amount of a restitution order in the fore6 seeable future (under any reasonable schedule

7 of payments); and

8 ‘‘(ii) the court enters in its order the

9 amount of the victim’s losses, and provides a

10 nominal restitution award.

11 ‘‘(4) CONSIDERATION OF ECONOMIC CIR12 CUMSTANCES.—

13 ‘‘(A) IN GENERAL.—Notwithstanding para14 graph (3) of this subsection, the court may take

15 into account the economic circumstances of the

16 defendant in determining the manner in which

17 and the schedule according to which the restitu18 tion is to be paid, including—

19 ‘‘(i) the financial resources and other

20 assets of the defendant;

21 ‘‘(ii) projected earnings, earning ca22 pacity, and other income of the defendant;

23 and
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1 ‘‘(iii) any financial obligations of the

2 offender, including obligations to depend3 ents.

4 ‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—

5 An order under this section may direct the de6 fendant to make a single lump-sum payment, or

7 partial payments at specified intervals. The

8 order shall provide that the defendant’s

9 restitutionary obligation takes priority over any

10 criminal fine ordered.

11 ‘‘(5) SETOFF.—Any amount paid to a victim

12 under this section shall be setoff against any amount

13 later recovered as compensatory damages by the vic14 tim from the defendant in—

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

16 ‘‘(B) any State civil proceeding, to the ex17 tent provided by the law of the State.

18 ‘‘(c) PROOF OF CLAIM.—

19 ‘‘(1) IN GENERAL.—Within 60 days after con20 viction and, in any event, no later than 10 days be21 fore sentencing, the United States Attorney (or such

22 Attorney’s delegate), after consulting with the vic23 tim, shall prepare and file an affidavit with the court

24 listing the amounts subject to restitution under this

25 section. The affidavit shall be signed by the United
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1 States Attorney (or the delegate) and the victim.

2 Should the victim object to any of the information

3 included in the affidavit, the United States Attorney

4 (or the delegate) shall advise the victim that the vic5 tim may file a separate affidavit and assist the vic6 tim in the preparation of that affidavit.

7 ‘‘(2) OBJECTIONS.—If, after notifying the de8 fendant of the affidavit, no objection is raised by the

9 defendant, the amounts attested to in the affidavit

10 filed pursuant to paragraph (1) of this subsection

11 shall be entered in the court’s restitution order. If

12 objection is raised, the court may require the victim

13 or the United States Attorney (or such Attorney’s

14 delegate) to submit further affidavits or other sup15 porting documents, demonstrating the victim’s

16 losses.

17 ‘‘(3) ADDITIONAL DOCUMENTATION OR TESTI18 MONY.—If the court concludes, after reviewing the

19 supporting documentation and considering the de20 fendant’s objections, that there is a substantial rea21 son for doubting the authenticity or veracity of the

22 records submitted, the court may require additional

23 documentation or hear testimony on those questions.

24 The privacy of any records filed, or testimony heard,
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1 pursuant to this section, shall be maintained to the

2 greatest extent possible.

3 ‘‘(4) FINAL DETERMINATION OF LOSSES.—In

4 the event that the victim’s losses are not ascertain5 able 10 days before sentencing as provided in para6 graph (1) of this subsection, the United States At7 torney (or such Attorney’s delegate) shall so inform

8 the court, and the court shall set a date for the final

9 determination of the victims’s losses, not to exceed

10 90 days after sentencing. If the victim subsequently

11 discovers further losses, the victim shall have 90

12 days after discovery of those losses in which to peti13 tion the court for an amended restitution order.

14 Such order may be granted only upon a showing of

15 good cause for the failure to include such losses in

16 the initial claim for restitutionary relief.

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

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

19 chapter is not a substitute for imposition of punishment

20 under this chapter.

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

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

24 order issued that is consistent with subsection (b) of this

25 section by the court of one State or Indian tribe (the issu-
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1 ing State or Indian tribe) shall be accorded full faith and

2 credit by the court of another State or Indian tribe (the

3 enforcing State or Indian tribe) and enforced as if it were

4 the order of the enforcing State or tribe.

5 ‘‘(b) PROTECTION ORDER.—A protection order is6 sued by a State or tribal court is consistent with this sub7 section if—

8 ‘‘(1) such court has jurisdiction over the parties

9 and matter under the law of such State or Indian

10 tribe; and

11 ‘‘(2) reasonable notice and opportunity to be

12 heard is given to the person against whom the order

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

14 due process. In the case of ex parte orders, notice

15 and opportunity to be heard must be provided within

16 the time required by State or tribal law, and in any

17 event within a reasonable time after the order is is18 sued, sufficient to protect the respondent’s due proc19 ess rights.

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

21 order issued by a State or tribal court against one who

22 has petitioned, filed a complaint, or otherwise filed a writ23 ten pleading for protection against abuse by a spouse or

24 intimate 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) a cross or counter petition has been filed

5 and the court did not make specific findings that

6 each party was entitled to such an order.

7 ‘‘§ 2266. Definitions for chapter

8 ‘‘As used in this chapter—

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

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

12 who shares a child in common with the abuser,

13 a person who cohabits or has cohabited with the

14 abuser as a spouse, and any other person simi15 larly situated to a spouse; and

16 ‘‘(B) any other person, other than a minor

17 child, who is protected by the domestic or fam18 ily violence laws of the State in which the injury

19 occurred or where the victim resides;

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

22 preventing violent or threatening acts by one spouse

23 against his or her spouse, former spouse, or intimate

24 partner, including temporary and final orders issued

25 by civil and criminal courts (other than support or
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1 child custody orders) whether obtained by filing an

2 independent action or as a pendente lite order in an3 other proceeding so long as any civil order was is4 sued in response to a complaint, petition or motion

5 filed by or on behalf of an abused spouse or intimate

6 partner;

7 ‘‘(3) the term ‘State’ includes a State of the

8 United States, the District of Columbia, a common9 wealth, territory, or possession of the United States;

10 ‘‘(4) the term ‘travel across State lines’ does

11 not include travel across State lines by an individual

12 who is a member of an Indian tribe when such indi13 vidual remains at all times in the territory of the In14 dian tribe of which the individual is a member;

15 ‘‘(5) the term ‘bodily harm’ means any act, ex16 cept one done in self-defense, that results in physical

17 injury or sexual abuse; and

18 ‘‘(6) the term ‘Indian country’ has the meaning

19 given to such term by section 1151 of this title.’’.

20 (b) TABLE OF CHAPTERS.—The table of chapters at

21 the beginning part 1 of title 18, United States Code, is

22 amended by inserting after the item for chapter 110 the

23 following new item:

‘‘110A. Violence against spouses .................................................. 2261.’’.
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1 Subtitle B—Arrest in Domestic

2 Violence Cases

3 SEC. 221. ENCOURAGING ARREST POLICIES.

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

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

6 et seq.), as amended by section 121, is further amended

7 by—

8 (1) redesignating part S as part T;

9 (2) redesignating section 1901 as section 2001;

10 and

11 (3) adding after part R the following new part:

12 ‘‘PART S—GRANTS TO ENCOURAGE ARREST

13 POLICIES

14 ‘‘SEC. 1901. ARREST POLICIES.

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

16 this part is to encourage States, Indian tribes, and units

17 of local government to treat domestic violence as a serious

18 violation of criminal law. The Director of the Bureau of

19 Justice Assistance may make grants to eligible States, In20 dian tribes, or units of local government for the following:

21 ‘‘(1) To implement mandatory arrest or

22 proarrest programs, including mandatory arrest pro23 grams for protective order violations.
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1 ‘‘(2) To develop policies, and training in police

2 departments to improve tracking of cases involving

3 domestic violence.

4 ‘‘(3) To centralize and coordinate police en5 forcement, prosecution, or judicial responsibility for

6 domestic violence cases in groups or units of police

7 officers, prosecutors, or judges.

8 ‘‘(4) To strengthen legal advocacy service pro9 grams for victims of domestic violence.

10 ‘‘(5) To educate judges in criminal and other

11 courts about domestic violence and to improve judi12 cial handling of such cases.

13 ‘‘(b) ELIGIBILITY.—Eligible grantees are States, In14 dian tribes, or units of local government that—

15 ‘‘(1) certify that their laws or official policies—

16 ‘‘(A)(i) encourage or mandate arrest of do17 mestic violence offenders based on probable

18 cause that violence has been committed; or

19 ‘‘(ii) certify that all their law enforcement

20 personnel have received domestic violence train21 ing conducted by a State Domestic Violence Co22 alition as defined in section 10410(b) of title

23 42, United States Code; and
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1 ‘‘(B) mandate arrest of domestic violence

2 offenders who violate the terms of a valid and

3 outstanding protection order;

4 ‘‘(2) demonstrate that their laws, policies, or

5 practices, and training programs discourage dual ar6 rests of offender and victim;

7 ‘‘(3) certify that their laws, policies, and prac8 tices prohibit issuance of mutual restraining orders

9 of protection except in cases where both spouses file

10 a claim and the court makes detailed finding of fact

11 indicating that both spouses acted primarily as ag12 gressors and that neither spouse acted primarily in

13 self-defense;

14 ‘‘(4) certify that their laws, policies, and prac15 tices do not require, in connection with the prosecu16 tion of any misdemeanor or felony domestic violence

17 offense, that the abused bear the costs associated

18 with the filing of criminal charges or the service of

19 such charges on an abuser, or that the abused bear

20 the costs associated with the issuance or service of

21 a warrant, protection order, or witness subpoena;

22 and

23 ‘‘(5) certify that their laws and policies treat

24 sex offenses committed by offenders who are known

25 to, cohabitants of, or social companions of or related
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1 by blood or marriage to, the victim no less severely

2 than sex offenses committed by offenders who are

3 strangers to the victim.

4 ‘‘SEC. 1902. APPLICATIONS.

5 ‘‘(a) APPLICATION.—An eligible grantee shall submit

6 an application to the Director that shall—

7 ‘‘(1) describe plans to implement policies de8 scribed in subsection (b);

9 ‘‘(2) identify the agency or office or groups of

10 agencies or offices responsible for carrying out the

11 program; and

12 ‘‘(3) include documentation from nonprofit, pri13 vate sexual assault and domestic violence programs

14 demonstrating their participation in developing the

15 application, and identifying such programs in which

16 such groups will be consulted for development and

17 implementation.

18 ‘‘(b) PRIORITY.—In awarding grants under this part,

19 the Director shall give priority to an applicant that—

20 ‘‘(1) does not currently provide for centralized

21 handling of cases involving domestic violence by pol22 icy, prosecutors, and courts; and

23 ‘‘(2) demonstrates a commitment to strong en24 forcement of laws, and prosecution of cases, involv25 ing domestic violence.
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1 ‘‘SEC. 1903. REPORTS.

2 ‘‘Each grantee receiving funds under this part shall

3 submit a report to the Director evaluating the effective4 ness of projects developed with funds provided under this

5 part and containing such additional information as the Di6 rector may prescribe.

7 ‘‘SEC. 1904. DEFINITIONS.

8 ‘‘For purposes of this part—

9 ‘‘(1) the term ‘domestic violence’ means a crime

10 of violence against a victim committed by a current

11 or former spouse of the victim, an individual with

12 whom the victim shares a child in common, an indi13 vidual who cohabits with or has cohabited with the

14 victim as a spouse, or any other individual similarly

15 situated to a spouse, or any other person who is pro16 tected under the domestic or family violence laws of

17 the eligible State, Indian tribe, municipality, or local

18 government entity.

19 ‘‘(2) the term ‘protection order’ includes any in20 junction issued for the purpose of preventing violent

21 or threatening acts of domestic violence including

22 temporary and final orders issued by civil and crimi23 nal courts (other than support or child custody pro24 visions) whether obtained by filing an independent

25 action or as a pendente lite order in another pro26 ceeding.’’.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1001(a) of title I of the Omnibus Crime Control and Safe

3 Streets Act of 1968 (42 U.S.C. 3793), is amended by add4 ing after paragraph (12), as added by section 121 of this

5 Act, the following:

6 ‘‘(13) There are authorized to be appropriated

7 $25,000,000 for each of the fiscal years 1994, 1995, and

8 1996 to carry out the purposes of part S.’’.

9 (c) ADMINISTRATIVE PROVISIONS.—(1) Section

10 801(b) of title I of the Omnibus Crime Control and Safe

11 Streets Act of 1968, as amended by section 121 of this

12 Act, is amended by striking ‘‘O, Q, and R’’ and inserting

13 ‘‘O, Q, R, and S’’; and

14 (2) Section 802(b) of title I of the Omnibus Crime

15 Control and Safe Streets Act of 1968, as amended by sec16 tion 121 of this Act, is amended by striking ‘‘O, Q, or

17 R’’ and inserting ‘‘O, Q, R, or S’’.

18 (d) EFFECTIVE DATE.—The eligibility requirements

19 provided in this section shall take effect 1 year after the

20 date of enactment of this subtitle.

21 (e) CONFORMING AMENDMENT.—The table of con22 tents of title I of the Omnibus Crime Control and Safe

23 Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended

24 by section 121, is further amended by striking the matter

25 relating to part S and inserting the following:

‘‘PART S—GRANTS TO ENCOURAGE ARREST POLICIES
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‘‘Sec. 1901. Arrest policies.

‘‘Sec. 1902. Applications.

‘‘Sec. 1903. Reports.

‘‘Sec. 1904. Definitions.

‘‘PART T—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2001. Continuation of rules, authorities, and proceedings.’’.

1 Subtitle C—Domestic Violence

2 SEC. 231. SHORT TITLE.

3 This subtitle may be cited as the ‘‘Domestic Violence

4 Firearm Prevention Act’’.

5 SEC. 232. FINDINGS.

6 The Congress finds that—

7 (1) domestic violence is the leading cause of in8 jury to women in the United States between the

9 ages of 15 and 44;

10 (2) firearms are used by the abuser in 7 per11 cent of domestic violence incidents and produces an

12 adverse effect on interstate commerce; and

13 (3) individuals with a history of domestic abuse

14 should not have easy access to firearms.

15 SEC. 233. PROHIBITION AGAINST DISPOSAL OF FIREARMS

16 TO, OR RECEIPT OF FIREARMS BY, PERSONS

17 WHO HAVE COMMITTED DOMESTIC ABUSE.

18 (a) INTIMATE PARTNER DEFINED.—Section 921(a)

19 of title 18, United States Code, is amended by inserting

20 at the end the following:

21 ‘‘(29) The term ‘intimate partner’ means, with re22 spect to a person, the spouse of the person, a former
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1 spouse of the person, an individual who is a parent of a

2 child of the person, and an individual who cohabitates or

3 has cohabited with the person.’’.

4 (b) PROHIBITION AGAINST DISPOSAL OF FIRE5 ARMS.—Section 922(d) of such title is amended—

6 (1) by striking ‘‘or’’ at the end of paragraph

7 (6);

8 (2) by striking the period at the end of para9 graph (7) and inserting ‘‘; or’’; and

10 (3) by inserting after paragraph (7) the follow11 ing:

12 ‘‘(8) is subject to a court order that restrains

13 such person from harassing, stalking, or threatening

14 an intimate partner of such person, or engaging in

15 other conduct that would place an intimate partner

16 in reasonable fear of bodily injury, except that this

17 paragraph shall only apply to a court order that (A)

18 was issued after a hearing of which such person re19 ceived actual notice, and at which such person had

20 the opportunity to participate, and (B) includes a

21 finding that such person represents a credible threat

22 to the physical safety of such intimate partner.’’.

23 (c) PROHIBITION AGAINST RECEIPT OF FIRE24 ARMS.—Section 922(g) of such title is amended—
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1 (1) by striking ‘‘or’’ at the end of paragraph

2 (6);

3 (2) by inserting ‘‘or’’ at the end of paragraph

4 (7); and

5 (3) by inserting after paragraph (7) the follow6 ing:

7 ‘‘(8) who is subject to a court order that—

8 ‘‘(A) was issued after a hearing of which

9 such person received actual or constructive no10 tice, and at which such person had an oppor11 tunity to participate;

12 ‘‘(B) restrains such person from harassing,

13 stalking, or threatening an intimate partner of

14 such person, or engaging in other conduct that

15 would place an intimate partner in reasonable

16 fear of bodily injury; and

17 ‘‘(C) includes a finding that such person

18 represents a credible threat to the physical safe19 ty of such intimate partner,’’.

20 (d) STORAGE OF FIREARMS.—Section 926(a) of such

21 title is amended—

22 (1) by striking ‘‘and’’ at the end of paragraph

23 (1);

24 (2) by striking the period at the end of para25 graph (2) and inserting ‘‘; and’’; and
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1 (3) by inserting after paragraph (2) the follow2 ing:

3 ‘‘(3) regulations providing for effective receipt

4 and secure storage of firearms relinquished by or

5 seized from persons described in subsection (d)(8) or

6 (g)(8) of section 922.’’.

7 (e) RETURN OF FIREARMS.—Section 924(d)(1) of

8 such title is amended by striking ‘‘the seized’’ and insert9 ing ‘‘or lapse of or court termination of the restraining

10 order to which he is subject, the seized or relinquished’’.

11 Subtitle D—Protection for

12 Immigrant Women

13 SEC. 241. ALIEN SPOUSE PETITIONING RIGHTS FOR IMME14 DIATE RELATIVE OR SECOND PREFERENCE

15 STATUS.

16 (a) IN GENERAL.—Section 204(a)(1) of the Immi17 gration and Nationality Act (8 U.S.C. 1154(a)(1)) is

18 amended—

19 (1) in subparagraph (A)—

20 (A) by inserting ‘‘(i)’’ after ‘‘(A)’’,

21 (B) by redesignating the second sentence

22 as clause (ii), and

23 (C) by adding at the end the following new

24 clause:
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1 ‘‘(iii) An alien who is the spouse of a citizen of the

2 United States, who is eligible to be classified as an imme3 diate relative under section 201(b)(2)(A)(i), and who has

4 resided in the United States with the alien’s spouse may

5 file a petition with the Attorney General under this sub6 paragraph for classification of the alien (and children of

7 the alien) under such section if the alien demonstrates to

8 the Attorney General that—

9 ‘‘(I) the alien is residing in the United States,

10 the marriage between the alien and the spouse was

11 entered into in good faith by the alien, and during

12 the marriage the alien or a child of the alien has

13 been battered by or has been the subject of extreme

14 cruelty perpetrated by the alien’s spouse, or

15 ‘‘(II) the alien is residing in the United States

16 with the alien’s spouse, the alien has been married

17 to and residing with the spouse for a period of not

18 less than 3 years, and the alien’s spouse has failed

19 to file a petition under clause (i) on behalf of the

20 alien.’’; and

21 (2) in subparagraph (B)—

22 (A) by inserting ‘‘(i)’’ after ‘‘(B)’’, and

23 (B) by adding at the end the following new

24 clause:
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1 ‘‘(ii) An alien who is the spouse of an alien lawfully

2 admitted for permanent residence, who is eligible for clas3 sification under section 203(a)(2)(A), and who has resided

4 in the United States with the alien’s legal permanent resi5 dent spouse may file a petition with the Attorney General

6 under this subparagraph for classification of the alien

7 (and children of the alien) under such section if the alien

8 demonstrates to the Attorney General that the conditions

9 described in subclause (I) or (II) of subparagraph (A)(iii)

10 are met with respect to the alien.’’.

11 (b) CONFORMING AMENDMENTS.—(1) Section

12 204(a)(2) of such Act (8 U.S.C. 1154(a)(2)) is amended—

13 (A) in subparagraph (A), by striking ‘‘filed by

14 an alien who,’’ and inserting ‘‘for the classification

15 of the spouse of an alien if the alien,’’, and

16 (B) in subparagraph (B), by striking ‘‘by an

17 alien whose prior marriage’’ and inserting ‘‘for the

18 classification of the spouse of an alien if the prior

19 marriage of the alien’’.

20 (2) Section 201(b)(2)(A)(i) of such Act (8 U.S.C.

21 1151(b)(2)(A)(i)) is amended by striking ‘‘204(a)(1)(A)’’

22 and inserting ‘‘204(a)(1)(A)(ii)’’.

23 (c) SURVIVAL RIGHTS TO PETITION.— Section 204

24 of the Immigration and Nationality Act (8 U.S.C. 1154)
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1 is amended by adding at the end the following new sub2 section:

3 ‘‘(h) The legal termination of a marriage may not be

4 the basis for revocation under section 205 of a petition

5 filed under subsection (a)(1)(A)(iii)(I) or a petition filed

6 under subsection (a)(1)(B)(ii) pursuant to conditions de7 scribed in subsection (a)(1)(A)(iii)(I).’’.

8 (d) EFFECTIVE DATE.—The amendments made by

9 this section shall take effect January 1, 1994.

10 SEC. 242. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIV11 ER APPLICATIONS.

12 (a) IN GENERAL.—Section 216(c)(4) of the Immigra13 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend14 ed by inserting after the second sentence the following:

15 ‘‘In acting on applications under this paragraph, the At16 torney General shall consider any credible evidence sub17 mitted in support of the application (whether or not the

18 evidence is supported by an evaluation of a licensed mental

19 health professional). The determination of what evidence

20 is credible and the weight to be given that evidence shall

21 be within the sole discretion of the Attorney General.’’.

22 (b) EFFECTIVE DATE.—The amendment made by

23 subsection (a) shall take effect on the date of the enact24 ment of this Act and shall apply to applications made be25 fore, on, or after such date.
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1 SEC. 243. SUSPENSION OF DEPORTATION.

2 Section 244(a) of the Immigration and Nationality

3 Act (8 U.S.C. 1254(a)) is amended—

4 (1) at the end of paragraph (1) by striking

5 ‘‘or’’;

6 (2) at the end of paragraph (2) by striking the

7 period and inserting ‘‘; or’’; and

8 (3) by inserting after paragraph (2) the follow9 ing:

10 ‘‘(3) is deportable under any law of the United

11 States except section 241(a)(1)(G) and the provi12 sions specified in paragraph (2); is physically

13 present in the United States; has been battered or

14 subjected to extreme cruelty in the United States by

15 a spouse or parent who is a United States citizen or

16 lawful permanent resident; and proves that during

17 all of such time in the United States the alien was

18 and is a person of good moral character; and is a

19 person whose deportation would, in the opinion of

20 the Attorney General, result in extreme hardship to

21 the alien or the alien’s parent or child.’’.
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1 TITLE III—MISCELLANEOUS

2 PROVISIONS

3 Subtitle A—Reports

4 SEC. 301. REPORT ON CONFIDENTIALITY OF ADDRESSES

5 FOR VICTIMS OF DOMESTIC VIOLENCE.

6 (a) REPORT.—The Attorney General shall conduct a

7 study of the means by which abusive spouses may obtain

8 information concerning the addresses or locations of es9 tranged or former spouses, notwithstanding the desire of

10 the victims to have such information withheld to avoid fur11 ther exposure to abuse. Based on the study, the Attorney

12 General shall transmit a report to Congress including—

13 (1) the findings of the study concerning the

14 means by which information concerning the address15 es or locations of abused spouses may be obtained

16 by abusers; and

17 (2) analysis of the feasibility of creating effec18 tive means of protecting the confidentiality of infor19 mation concerning the addresses and locations of

20 abused spouses to protect such persons from expo21 sure to further abuse while preserving access to such

22 information for legitimate purposes.

23 (b) USE OF COMPONENTS.—The Attorney General

24 may use the National Institute of Justice and the Office

25 for Victims of Crime in carrying out this section.
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1 SEC. 302. REPORT ON RECORDKEEPING RELATING TO DO2 MESTIC VIOLENCE.

3 Not later than 1 year after the date of enactment

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

5 of, and shall submit to Congress a report and rec6 ommendations on, problems of recordkeeping of criminal

7 complaints involving domestic violence. The study and re8 port shall examine—

9 (1) the efforts that have been made by the De10 partment of Justice, including the Federal Bureau

11 of Investigation, to collect statistics on domestic vio12 lence; and

13 (2) the feasibility of requiring that the relation14 ship between an offender and victim be reported in

15 Federal records of crimes of aggravated assault,

16 rape, and other violent crimes.

17 Subtitle B—Justice Department

18 Task Force on Violence Against

19 Women

20 SEC. 311. ESTABLISHMENT.

21 Not later than 30 days after the date of enactment

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

23 force to be known as the Attorney General’s Task Force

24 on Violence Against Women (referred to in this subtitle

25 as the ‘‘Task Force’’).
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1 SEC. 312. GENERAL PURPOSES OF TASK FORCE.

2 (a) GENERAL PURPOSE OF THE TASK FORCE.—The

3 Task Force shall review Federal, State, and local strate4 gies for preventing and punishing violent crimes against

5 women, including the enhancement and protection of the

6 rights of the victims of such crimes, and make rec7 ommendations to improve the response to such crimes.

8 (b) FUNCTIONS.—The Task Force shall perform such

9 functions as the Attorney General deems appropriate to

10 carry out the purposes of the Task Force, including—

11 (1) evaluating the adequacy of, and making rec12 ommendations regarding, current law enforcement

13 efforts at the Federal and State levels to reduce the

14 rate of violent crimes against women;

15 (2) evaluating the adequacy of, and making rec16 ommendations regarding, the responsiveness of State

17 prosecutors and State courts to violent crimes

18 against women;

19 (3) evaluating the adequacy of State and Fed20 eral rules of evidence, practice, and procedure to en21 sure the effective prosecution and conviction of vio22 lent offenders against women and to protect victims

23 from abuse in legal proceedings, making rec24 ommendations, where necessary, to improve those

25 rules;
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1 (4) evaluating the adequacy of pretrial release,

2 sentencing, incarceration, and post-conviction release

3 for crimes that predominantly affect women, such as

4 rape and domestic violence;

5 (5) evaluating the adequacy of, and making rec6 ommendations regarding, the adequacy of State and

7 Federal laws on sexual assault and the need for a

8 more uniform statutory response to sex offenses, in9 cluding sexual assaults and other sex offenses com10 mitted by offenders who are known or related by

11 blood or marriage to the victim;

12 (6) evaluating the adequacy of, and making rec13 ommendations regarding, the adequacy of State and

14 Federal laws on domestic violence and the need for

15 a more uniform statutory response to domestic vio16 lence;

17 (7) evaluating the adequacy of, and making rec18 ommendations regarding, the adequacy of current

19 education, prevention, and protection services for

20 women victims of violent crimes;

21 (8) assessing the issuance, formulation, and en22 forcement of protective orders, whether or not relat23 ed to a criminal proceeding, and making rec24 ommendations for their more effective use in domes25 tic violence and stalking cases;
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1 (9) assessing the problem of stalking and per2 sistent menacing and recommending an effective

3 Federal response to the problem;

4 (10) evaluating the adequacy of, and making

5 recommendations regarding, the national public

6 awareness and the public dissemination of informa7 tion essential to the prevention of violent crimes

8 against women;

9 (11) evaluating the treatment of women as vic10 tims of violent crime in the State and Federal crimi11 nal justice system, and making recommendations to

12 improve such treatment; and

13 (12) assessing the problem of sexual exploi14 tation of women and youths through prostitution

15 and in the production of pornography, and rec16 ommending effective means of response to the prob17 lem.

18 SEC. 313. MEMBERSHIP.

19 (a) CHAIR; NUMBER AND APPOINTMENT.—The Task

20 Force shall be chaired by the Attorney General (or des21 ignee). Not later than 60 days after the date of the enact22 ment of this Act, after consultation with the Secretary of

23 Health and Human Services, the Secretary of Education,

24 and the Secretary of Housing and Urban Development,
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1 the Attorney General shall select up to 14 other members

2 to serve on the Task Force.

3 (b) PARTICIPATION.—The Attorney General (or des4 ignee) shall select, without regard to political affiliation,

5 members who are specially qualified to serve on the Task

6 Force based on their involvement in efforts to combat vio7 lence against women, assistance or service to victims of

8 such violence, or other pertinent experience or expertise.

9 The Attorney General shall ensure that the Task Force

10 includes a broad base of participation by including mem11 bers with backgrounds in such areas as law enforcement,

12 victim services and advocacy, legal defense and prosecu13 tion, judicial administration, medical services, and coun14 seling.

15 (c) VACANCIES.—The Attorney General may fill any

16 vacancy that occurs on the Task Force.

17 SEC. 314. TASK FORCE OPERATIONS.

18 (a) MEETINGS.—The Task Force shall hold its first

19 meeting on a date specified by the Attorney General (or

20 designee), but shall not be later than 60 days after the

21 date of the enactment of this Act. After the initial meet22 ing, the Task Force shall meet at the call of the Attorney

23 General (or designee), but shall meet at least 6 times.

24 (b) PAY.—Members of the Task Force who are offi25 cers or employees or elected officials of a government en-
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1 tity shall receive no additional compensation by reason of

2 their service on the Task Force.

3 (c) PER DIEM.—Except as provided in subsection

4 (b), members of the Task Force shall be allowed travel

5 and other expenses including per diem in lieu of subsist6 ence, at rates authorized for employees of agencies under

7 sections 5702 and 5703 of title 5, United States Code.

8 SEC. 315. REPORTS.

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

10 date on which the Task Force is fully constituted under

11 section 313, the Task Force shall prepare and submit a

12 final report to the President and to congressional commit13 tees that have jurisdiction over legislation addressing vio14 lent crimes against women, including the crimes of domes15 tic and sexual assault.

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

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

18 activities of the Task Force and of the findings and con19 clusions of the Task Force, including such recommenda20 tions for legislation and administrative action as the Task

21 Force considers appropriate.

22 SEC. 316. EXECUTIVE DIRECTOR AND STAFF.

23 (a) EXECUTIVE DIRECTOR.—

24 (1) APPOINTMENT.—The Task Force shall have

25 an Executive Director who shall be appointed by the
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1 Attorney General (or designee), with the approval of

2 the Task Force.

3 (2) COMPENSATION.—The Executive Director

4 shall be compensated at a rate not to exceed the

5 maximum rate of the basic pay payable for a posi6 tion above GS–15 of the General Schedule contained

7 in title 5, United States Code.

8 (b) STAFF.—With the approval of the Task Force,

9 the Executive Director may appoint and fix the compensa10 tion of such additional personnel as the Executive Director

11 considers necessary to carry out the duties of the Task

12 Force.

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

14 Executive Director and the additional personnel of the

15 Task Force appointed under subsection (b) may be ap16 pointed without regard to the provisions of title 5, United

17 States Code, governing appointments in the competitive

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

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

20 title relating to classification and General Schedule pay

21 rates.

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

23 prescribed by the Task Force, the Executive Director may

24 procure temporary or intermittent services under section
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1 3109(b) of title 5, United States Code, at rates for individ2 uals not to exceed $200 per day.

3 SEC. 317. POWERS OF TASK FORCE.

4 (a) HEARINGS.—For the purposes of carrying out

5 this subtitle, the Task Force may conduct such hearings,

6 sit and act at such times and places, take such testimony,

7 and receive such evidence, as the Task Force considers

8 appropriate. The Task Force may administer oaths for

9 testimony before the Task Force.

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

11 Task Force may, if authorized by the Task Force, take

12 any action that the Task Force is authorized to take under

13 this subtitle.

14 (c) ACCESS TO INFORMATION.—The Task Force may

15 request directly from any executive department or agency

16 such information as may be necessary to enable the Task

17 Force to carry out this subtitle, on the request of the At18 torney General (or designee).

19 (d) MAILS.—The Task Force may use the United

20 States mails in the same manner and under the same con21 ditions as other departments and agencies of the United

22 States.

23 SEC. 318. AUTHORIZATION OF APPROPRIATIONS.

24 There is authorized to be appropriated to carry out

25 this subtitle $500,000 for fiscal year 1994.
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1 SEC. 319. TERMINATION.

2 The Task Force shall cease to exist 30 days after the

3 date on which its final report is submitted under section

4 315.

5 Subtitle C—STD Testing

6 SEC. 321. PAYMENT OF COST OF STD TESTING FOR VICTIMS

7 IN SEX OFFENSE CASES.

8 Section 503(c)(7) of the Victims’ Rights and Restitu9 tion Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by

10 adding at the end the following: ‘‘The Attorney General

11 shall authorize the Director of the Office of Victims of

12 Crime to provide for the payment of the cost of up to two

13 tests of the victim for sexually transmitted diseases, in14 cluding, but not limited to gonorrhea, herpes, chlamydia,

15 syphilis, and HIV, during the 12 months following sexual

16 assaults that pose a risk of transmission, and the cost of

17 a counseling session by a medically trained professional

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

19 of sexually transmitted diseases to the victim as the result

20 of the assault.’’.

21 Subtitle D—Grant Programs

22 SEC. 331. NATIONAL DOMESTIC VIOLENCE HOTLINE

23 GRANT.

24 (a) FINDINGS.—Congress finds that—
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1 (1) 4,000,000 women are battered by their

2 partners each year, of which 4,000 die as a result

3 of such abuse;

4 (2) victims of domestic violence need access to

5 resources which will refer such victims and their

6 children to safe homes and shelters; and

7 (3) there is a need for a national domestic vio8 lence hotline to provide information and assistance

9 to victims of domestic violence because a privately

10 funded national domestic violence hotline which han11 dled more than 65,000 crisis calls annually no longer

12 exists.

13 (b) IN GENERAL.—The Attorney General, through

14 the Bureau of Justice Assistance, shall provide a grant

15 to a nonprofit private organization to establish and oper16 ate a national, toll-free telephone hotline to provide infor17 mation and assistance to victims of domestic violence. A

18 grant provided under this subsection may extend over a

19 period of not more than 3 fiscal years and the provision

20 of payments under such grant shall be subject to annual

21 approval by the Attorney General and subject to the avail22 ability of appropriations for the fiscal year involved to

23 make the payments.

24 (c) APPLICATION.—
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1 (1) IN GENERAL.—The Attorney General may

2 not provide a grant under subsection (b) unless an

3 application that meets the requirements of para4 graph (2) has been approved by the Attorney Gen5 eral.

6 (2) REQUIREMENTS.—An application meets the

7 requirements of this paragraph if the application—

8 (A) contains such agreements, assurances,

9 and information, and is in such form and sub10 mitted in such manner as the Attorney General

11 shall prescribe through notice in the Federal

12 Register;

13 (B) demonstrates that the applicant has

14 nationally recognized expertise in the area of

15 domestic violence and a record of high quality

16 service to victims of domestic violence, including

17 support from advocacy groups, particularly

18 State coalitions and recognized national domes19 tic violence groups;

20 (C) demonstrates that the applicant has a

21 commitment to diversity, including the hiring of

22 and provision of services to ethnic, racial, cul23 tural, and non-English speaking minorities, in

24 addition to older individuals and individuals

25 with disabilities;
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1 (D) demonstrates that the applicant has

2 the ability to integrate the hotline into existing

3 services provided by the applicant to victims of

4 domestic violence;

5 (E) includes a complete description of the

6 applicant’s plan for the establishment and oper7 ation of the hotline, including a description of—

8 (i) the hiring criteria and training

9 program for hotline personnel;

10 (ii) the methods for the creation,

11 maintenance, and updating of a resource

12 database for the hotline;

13 (iii) a plan for providing service on a

14 24-hour-a-day basis to non-English speak15 ing callers, including hotline personnel who

16 speak Spanish;

17 (iv) a plan for access to the hotline by

18 individuals with hearing impairments; and

19 (v) a plan for publicizing the availabil20 ity of the hotline; and

21 (F) contains such other information as the

22 Attorney General may require.

23 (d) SELECTION.—The Attorney General shall select

24 a nonprofit private organization to receive a grant under

25 subsection (b) which has been in existence for at least 5
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1 years from the date of submission of the application by

2 the organization.

3 (e) USES.—A grant made under subsection (b) shall

4 be used to establish and operate a national, toll-free tele5 phone hotline to provide information and assistance to vic6 tims of domestic violence. In establishing and operating

7 the hotline, a nonprofit private organization shall—

8 (1) contract with a carrier for the use of a toll9 free telephone line;

10 (2) employ, train, and supervise personnel to

11 answer incoming calls and provide counseling and

12 referral services to callers on a 24-hour-a-day basis;

13 (3) establish, maintain, and update a database

14 of information relating to services for victims of do15 mestic violence, including information on the avail16 ability of shelters that serve battered women; and

17 (4) publicize the hotline to potential users

18 throughout the United States.

19 (f) AUTHORIZATION OF APPROPRIATIONS.—

20 (1) IN GENERAL.—There is authorized to be

21 appropriated to carry out this section $1,000,000 for

22 each of the fiscal years 1994 through 1996.

23 (2) AVAILABILITY.—Funds authorized to be ap24 propriated under paragraph (1) shall remain avail25 able until expended.
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1 SEC. 332. GRANTS FOR COMMUNITY PROGRAMS ON DOMES2 TIC VIOLENCE.

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

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

5 et seq.), as amended by section 221 of this Act, is amend6 ed by—

7 (1) redesignating part T as part U;

8 (2) redesignating section 2001 as section 2101;

9 and

10 (3) adding after part S the following new part:

11 ‘‘PART T—GRANTS FOR COMMUNITY PROGRAMS

12 ON DOMESTIC VIOLENCE.

13 ‘‘SEC. 2001. GRANT AUTHORITY.

14 ‘‘The Director shall provide grants to establish

15 projects in local communities involving many sectors of

16 each community to coordinate intervention and prevention

17 of domestic violence.

18 ‘‘SEC. 2002. APPLICATIONS.

19 ‘‘(a) IN GENERAL.—An organization that desires to

20 receive a grant under this section shall submit to the Di21 rector an application, in such form and in such manner

22 as the Director may reasonably require that—

23 ‘‘(1) demonstrates that the applicant will serve

24 a community leadership function, bringing together

25 opinion leaders from each sector of the community
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1 to develop a coordinated community consensus op2 posing domestic violence;

3 ‘‘(2) demonstrates a community action compo4 nent to improve and expand current intervention and

5 prevention strategies through increased communica6 tion and coordination among all affected sectors;

7 ‘‘(3) includes a complete description of the ap8 plicant’s plan for the establishment and operation of

9 the community project, including a description of—

10 ‘‘(A) the method for identification and se11 lection of an administrative committee made up

12 of persons knowledgeable in domestic violence

13 to oversee the project, hire staff, assure compli14 ance with the project outline, and secure annual

15 evaluation of the project;

16 ‘‘(B) the method for identification and se17 lection of project staff and a project evaluator;

18 ‘‘(C) the method for identification and se19 lection of a project council consisting of rep20 resentatives of the community sectors listed in

21 subsection (b)(2);

22 ‘‘(D) the method for identification and se23 lection of a steering committee consisting of

24 representatives of the various community sec-
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1 tors who will chair subcommittees of the project

2 council focusing on each of the sectors; and

3 ‘‘(E) a plan for developing outreach and

4 public education campaigns regarding domestic

5 violence; and

6 ‘‘(4) contains such other information, agree7 ments, and assurances as the Director may require.

8 ‘‘(b) ELIGIBILITY.—To be eligible for a grant under

9 this section, such application shall include—

10 ‘‘(1) an assurance that the applicant is a non11 profit private organization organized for the purpose

12 of coordinating community projects for the interven13 tion in and prevention of domestic violence; and

14 ‘‘(2) an assurance that such nonprofit organiza15 tion includes representation from pertinent sectors

16 of the local community, including—

17 ‘‘(A) health care providers;

18 ‘‘(B) the education community;

19 ‘‘(C) the religious community;

20 ‘‘(D) the justice system;

21 ‘‘(E) domestic violence program advocates;

22 ‘‘(F) human service entities such as State

23 child services divisions; and

24 ‘‘(G) business and civic leaders.
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1 ‘‘SEC. 2003. AWARD OF GRANTS.

2 ‘‘(a) TERM.—A grant provided under this section

3 may extend over a period of not more than 3 fiscal years.

4 ‘‘(b) CONDITIONS ON PAYMENT.—Payments under a

5 grant under this section shall be subject to—

6 ‘‘(1) annual approval by the Director; and

7 ‘‘(2) availability of appropriations.

8 ‘‘(c) GEOGRAPHICAL DISPERSION.—The Director

9 shall award grants under this section to organizations in

10 communities geographically dispersed throughout the

11 country.

12 ‘‘SEC. 2004. USES OF FUNDS.

13 ‘‘(a) IN GENERAL.—A grant made under subsection

14 (a) shall be used to establish and operate a community

15 project to coordinate intervention and prevention of do16 mestic violence.

17 ‘‘(b) REQUIREMENTS.—In establishing and operating

18 a project, a nonprofit private organization shall—

19 ‘‘(1) establish protocols to improve and expand

20 domestic violence intervention and prevention strate21 gies among all affected sectors;

22 ‘‘(2) develop action plans to direct responses

23 within each community sector that are in conjunc24 tion with development in all other sectors; and
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1 ‘‘(3) provide for periodic evaluation of the

2 project with a written report and analysis to assist

3 application of this concept in other communities.’’.

4 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

5 1001 of the Omnibus Crime Control and Safe Streets Act

6 of 1968 is amended by adding after paragraph (13), as

7 added by section 221 of this Act, the following:

8 ‘‘(14) There are authorized to be appropriated to

9 carry out part T $20,000,000 for fiscal year 1994 and

10 such sums as are necessary for each of the fiscal years

11 1995, 1996, and 1997, to remain available until ex12 pended.’’.

13 (c) ADMINISTRATIVE PROVISIONS.—(1) Section

14 801(b) of title I of the Omnibus Crime Control and Safe

15 Streets Act of 1968, as amended by section 221 of this

16 Act, is amended by striking ‘‘O, Q, R, and S’’ and insert17 ing ‘‘O, Q, R, S, and T’’; and

18 (2) Section 802(b) of title I of the Omnibus Crime

19 Control and Safe Streets Act of 1968, as amended by sec20 tion 221 of this Act, is amended by striking ‘‘O, Q, R,

21 or S’’ and inserting ‘‘O, Q, R, S, or T’’.

22 (d) CONFORMING AMENDMENT.—The table of con23 tents of title I of the Omnibus Crime Control and Safe

24 Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
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1 by section 221 of this Act, is amended by striking the mat2 ter relating to part T and inserting the following:

‘‘PART T—GRANTS FOR COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE

‘‘Sec. 2001. Grant authority.

‘‘Sec. 2002. Applications.

‘‘Sec. 2003. Award of grants.

‘‘Sec. 2004. Uses of funds.

‘‘PART U—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.

3 TITLE IV—EQUAL JUSTICE FOR

4 WOMEN IN THE COURTS

5 Subtitle A—Education and Train6 ing for Judge and Court Person7 nel in State Courts

8 SEC. 401. GRANTS AUTHORIZED.

9 The State Justice Institute is authorized to award

10 grants for the purpose of developing, testing, presenting,

11 and disseminating model programs to be used by States

12 in training judges and court personnel in the laws of the

13 States on rape, sexual assault, domestic violence, and

14 other crimes of violence motivated by gender.

15 SEC. 402. TRAINING PROVIDED BY GRANTS.

16 Training provided pursuant to grants made under

17 this subtitle may include current information, existing

18 studies, or current data on—

19 (1) the nature and incidence of rape and sexual

20 assault by strangers and nonstrangers, marital rape,

21 and incest;
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1 (2) the underreporting of rape, sexual assault,

2 and child sexual abuse;

3 (3) the physical, psychological, and economic

4 impact of rape and sexual assault on the victim, the

5 costs to society, and the implications for sentencing;

6 (4) the psychology of sex offenders, their high

7 rate of recidivism, and the implications for sentenc8 ing;

9 (5) the historical evolution of laws and attitudes

10 on rape and sexual assault;

11 (6) sex stereotyping of female and male victims

12 of rape and sexual assault, racial stereotyping of

13 rape victims and defendants, and the impact of such

14 stereotypes on credibility of witnesses, sentencing,

15 and other aspects of the administration of justice;

16 (7) application of rape shield laws and other

17 limits on introduction of evidence that may subject

18 victims to improper sex stereotyping and harassment

19 in both rape and nonrape cases, including the need

20 for sua sponte judicial intervention in inappropriate

21 cross-examination;

22 (8) the use of expert witness testimony on rape

23 trauma syndrome, child sexual abuse accommodation

24 syndrome, post-traumatic stress syndrome, and simi25 lar issues;
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1 (9) the legitimate reasons why victims or rape,

2 sexual assault, domestic violence, and incest may

3 refuse to testify against a defendant;

4 (10) the nature and incidence of domestic vio5 lence;

6 (11) the physical, psychological, and economic

7 impact of domestic violence on the victim, the costs

8 to society, and the implications for court procedures

9 and sentencing;

10 (12) the psychology and self-presentation of

11 batterers and victims and the negative implications

12 for court proceedings and credibility of witnesses;

13 (13) sex stereotyping of female and male vic14 tims of domestic violence, myths about presence or

15 absence of domestic violence in certain racial, ethnic,

16 religious, or socioeconomic groups, and their impact

17 on the administration of justice;

18 (14) historical evolution of laws and attitudes

19 on domestic violence;

20 (15) proper and improper interpretations of the

21 defenses of self-defense and provocation, and the use

22 of expert witness testimony on battered woman syn23 drome;

24 (16) the likelihood of retaliation, recidivism,

25 and escalation of violence by batterers, and the po-
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1 tential impact of incarceration and other meaningful

2 sanctions for acts of domestic violence including vio3 lations of orders of protection;

4 (17) economic, psychological, social and institu5 tional reasons for victims’ inability to leave the

6 batterer, to report domestic violence or to follow

7 through on complaints, including the influence of

8 lack of support from police, judges, and court per9 sonnel, and the legitimate reasons why victims of do10 mestic violence may refuse to testify against a de11 fendant and should not be held in contempt;

12 (18) the need for orders of protection, and the

13 negative implications of mutual orders of protection,

14 dual arrest policies, and mediation in domestic vio15 lence cases; and

16 (19) recognition of and response to gender-mo17 tivated crimes of violence other than rape, sexual as18 sault and domestic violence, such as mass or serial

19 murder motivated by the gender of the victims.

20 SEC. 403. COOPERATION IN DEVELOPING PROGRAMS.

21 The State Justice Institute shall ensure that model

22 programs carried out pursuant to grants made under this

23 subtitle are developed with the participation of law en24 forcement officials, public and private nonprofit victim ad-
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1 vocates, legal experts, prosecutors, defense attorneys, and

2 recognized experts on gender bias in the courts.

3 SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

4 There is authorized to be appropriated for fiscal year

5 1994, $600,000 to carry out the purposes of this subtitle.

6 Of amounts appropriated under this section, the State

7 Justice Institute shall expend no less than 40 percent on

8 model programs regarding domestic violence and no less

9 than 40 percent on model programs regarding rape and

10 sexual assault.

11 Subtitle B—Education and Train12 ing for Judges and Court Per13 sonnel in Federal Courts

14 SEC. 411. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU15 CATION AND TRAINING GRANTS.

16 (a) STUDY.—In order to gain a better understanding

17 of the nature and the extent of gender bias in the Federal

18 courts, the circuit judicial councils are encouraged to con19 duct studies of the instances of gender bias in their respec20 tive circuits. The studies may include an examination of

21 the effects of gender on—

22 (1) the treatment of litigants, witnesses, attor23 neys, jurors, and judges in the courts, including be24 fore magistrate and bankruptcy judges;
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1 (2) the interpretation and application of the

2 law, both civil and criminal;

3 (3) treatment of defendants in criminal cases;

4 (4) treatment of victims of violent crimes;

5 (5) sentencing;

6 (6) sentencing alternatives, facilities for incar7 ceration, and the nature of supervision of probation,

8 parole, and supervised release;

9 (7) appointments to committees of the Judicial

10 Conference and the courts;

11 (8) case management and court sponsored al12 ternative dispute resolution programs;

13 (9) the selection, retention, promotion, and

14 treatment of employees;

15 (10) appointment of arbitrators, experts, and

16 special masters;

17 (11) the admissibility of past sexual history in

18 civil and criminal cases; and

19 (12) the aspects of the topics listed in section

20 402 that pertain to issues within the jurisdiction of

21 the Federal courts.

22 (b) CLEARINGHOUSE.—The Judicial Conference of

23 the United States shall designate an entity within the Ju24 dicial Branch to act as a clearinghouse to disseminate any

25 reports and materials issued by the gender bias task forces
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1 under subsection (a) and to respond to requests for such

2 reports and materials. The gender bias task forces shall

3 provide this entity with their reports and related material.

4 (c) MODEL PROGRAMS.—The Federal Judicial Cen5 ter, in carrying out section 620(b)(3) of title 28, United

6 States Code, shall—

7 (1) include in the educational programs it pre8 sents and prepares, including the training programs

9 for newly appointed judges, information on issues re10 lated to gender bias in the courts including such

11 areas as are listed in subsection (a) along with such

12 other topics as the Federal Judicial Center deems

13 appropriate;

14 (2) prepare materials necessary to implement

15 this subsection; and

16 (3) take into consideration the findings and rec17 ommendations of the studies conducted pursuant to

18 subsection (a), and to consult with individuals and

19 groups with relevant expertise in gender bias issues

20 as it prepares or revises such materials.

21 SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

22 (a) IN GENERAL.—There is authorized to be appro23 priated—

24 (1) $600,000 to the Salaries and Expenses Ac25 count of the Courts of Appeals, District Courts, and
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1 other Judicial Services, to carry out section 411(a),

2 to be available until expended through fiscal year

3 1996;

4 (2) $100,000 to the Federal Judicial Center to

5 carry out section 411(c) and any activities des6 ignated by the Judicial Conference under section

7 411(b); and

8 (3) such sums as are necessary to the Adminis9 trative Office of the United States Courts to carry

10 out any activities designated by the Judicial Con11 ference under section 411(b).

12 (b) THE JUDICIAL CONFERENCE OF THE UNITED

13 STATES.—(1) The Judicial Conference of the United

14 States Courts shall allocate funds to Federal circuit courts

15 under this subtitle that—

16 (A) undertake studies in their own circuits; or

17 (B) implement reforms recommended as a re18 sult of such studies in their own or other circuits,

19 including education and training.

20 (2) Funds shall be allocated to Federal circuits under

21 this subtitle on a first come first serve basis in an amount

22 not to exceed $100,000 on the first application. If within

23 6 months after the date on which funds authorized under

24 this Act become available, funds are still available, circuits
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1 that have received funds may reapply for additional funds,

2 with not more than $200,000 going to any one circuit.

3 Subtitle C—Evidentiary Rules

4 SEC. 421. EXPERT TESTIMONY OF DOMESTIC VIOLENCE.

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

6 (1) State criminal courts often fail to admit ex7 pert testimony offered by a defendant concerning the

8 nature and effect of physical, sexual, and mental

9 abuse to assist the trier of fact in assessing the be10 havior, beliefs, or perceptions of such defendant in

11 a domestic relationship in which abuse has occurred;

12 (2) the average juror often has little under13 standing of the nature and effect of domestic vio14 lence on such a defendant’s behavior, beliefs, or per15 ceptions, and the lack of understanding can result in

16 the juror blaming the woman for her victimization;

17 (3) the average juror is often unaware that vic18 tims of domestic violence are frequently in greater

19 danger of violence after they terminate or attempt to

20 terminate domestic relationships with their abuser;

21 (4) myths, misconceptions, and victim-blaming

22 attitudes are often held not only by the average lay

23 person but also by many in the criminal justice sys24 tem, insofar as the criminal justice system tradition-
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1 ally has failed to protect women from violence at the

2 hands of men;

3 (5) specialized knowledge of the nature and ef4 fect of domestic violence is sufficiently established to

5 have gained the general acceptance which is required

6 for the admissibility of expert testimony;

7 (6) although both men and women can be vic8 tims of physical, sexual, and mental abuse by their

9 partners in domestic relationships, the most frequent

10 victims are women; and

11 (7) a woman is more likely to be assaulted and

12 injured, raped, or killed by her current or former

13 male partner than by any other type of assailant,

14 and over one-half of all women murdered are killed

15 by their current or former male partners.

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

17 Congress that the executive branch, working through the

18 State Justice Institute, should examine programs which

19 would allow the States to consider—

20 (1) that expert testimony concerning the nature

21 and effect of domestic violence, including descrip22 tions of the experiences of battered women, be ad23 missible when offered in a State court by a defend24 ant in a criminal case to assist the trier of fact in

25 understanding the behavior, beliefs, or perceptions of
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1 such defendant in a domestic relationship in which

2 abuse has occurred;

3 (2) that a witness be qualified to testify as an

4 expert witness based upon her or his knowledge,

5 skill, experience, training, or education, and be per6 mitted to testify in the form of an opinion or other7 wise; and

8 (3) that expert testimony about a domestic rela9 tionship be admissible to include testimony of rela10 tionships between spouses, former spouses, cohabi11 tants, former cohabitants, partners or former part12 ners, and between persons who are in, or have been

13 in, a dating, courtship, or intimate relationship.

Passed the House of Representatives November 20,

1993.

Attest:

Clerk.

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