IIA

103D CONGRESS

1ST SESSION H. R. 1133

IN THE SENATE OF THE UNITED STATES

NOVEMBER 20 (legislative day, NOVEMBER 2), 1993

Received

NOVEMBER 22, 1993

Read twice and referred to the Committee on the Judiciary

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’’.

6 TITLE I—SAFE STREETS FOR

7 WOMEN

8 SEC. 101. SHORT TITLE.

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

10 Women Act of 1993’’.
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1 Subtitle A—Law Enforcement and

2 Prosecution Grants To Reduce

3 Violent Crimes Against Women

4 SEC. 111. GRANTS TO COMBAT VIOLENT CRIMES AGAINST

5 WOMEN.

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

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

8 et seq.) is amended by—

9 (1) redesignating part Q as part R;

10 (2) redesignating section 1701 as section 1801;

11 and

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

13 ‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES

14 AGAINST WOMEN

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

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

17 this part is to assist States, Indian tribes, and other eligi18 ble entities to develop effective law enforcement and pros19 ecution strategies to combat violent crimes against women.

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

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

22 personnel, training, technical assistance, data collection

23 and other equipment for the more widespread apprehen24 sion, prosecution, and adjudication of persons committing

25 violent crimes against women to reduce the rate of violent
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1 crime against women and specifically, for the purposes

2 of—

3 ‘‘(1) training law enforcement officers and pros4 ecutors to identify and respond more effectively to

5 violent crimes against women, including crimes of

6 sexual assault and domestic violence;

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

8 law enforcement officers and prosecutors that spe9 cifically target violent crimes against women, includ10 ing the crimes of sexual assault and domestic vio11 lence;

12 ‘‘(3) developing and implementing more effec13 tive police and prosecution policies, protocols, orders,

14 or services specifically devoted to the prevention of,

15 identification of, and response to violent crimes

16 against women, including the crimes of sexual as17 sault and domestic violence;

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

19 collection systems, including computerized systems,

20 linking police, prosecutors, and courts or identifying

21 and tracking arrests, protection orders, prosecutions,

22 and convictions for the crimes of sexual assault and

23 domestic violence;

24 ‘‘(5) developing, enlarging, or strengthening vic25 tim services programs, including sexual assault and
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1 domestic violence programs, developing or improving

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

3 and language minorities, and increasing reporting

4 and reducing attrition rates for cases involving vio5 lent crimes against women, including crimes of sex6 ual assault and domestic violence; and

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

8 financing the payments required under sections 112

9 and 113 of the Violence Against Women Act of

10 1993.

11 ‘‘SEC. 1702. STATE GRANTS.

12 ‘‘(a) GENERAL GRANTS.—The Director of the Bu13 reau of Justice Assistance (hereinafter in this part re14 ferred to as the ‘Director’) is authorized to make grants

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

16 organizations, and nonprofit nongovernmental victim serv17 ices programs in the States or Indian country.

18 ‘‘(b) APPLICATION REQUIREMENTS.—Applications

19 shall include—

20 ‘‘(1) documentation from prosecution, law en21 forcement, and victim services programs to be as22 sisted that demonstrates—

23 ‘‘(A) the need for grant funds;

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

25 ‘‘(C) the expected results;
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1 ‘‘(2) proof of compliance with the requirements

2 for the payment of forensic medical exams provided

3 pursuant to section 112 of the Violence Against

4 Women Act of 1993, except that Indian tribes are

5 exempt from such requirement; and

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

7 for paying filing and service fees for domestic vio8 lence cases pursuant to section 113 of the Violence

9 Against Women Act of 1993.

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

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

12 provided under this part by—

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

14 part shall be used for the purposes outlined in sec15 tion 1701(b); and

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

17 plan, implement such plan, and otherwise consult

18 and coordinate with nonprofit nongovernmental do19 mestic violence and sexual assault victim services

20 programs, law enforcement officials, victim advo21 cates, prosecutors, and defense attorneys;

22 ‘‘(3) providing documentation from the individ23 uals and groups listed under paragraph (2) regard24 ing their participation in development of a plan and

25 involvement in the application process, as well as
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1 how such individuals and groups will be involved in

2 implementation of the plan;

3 ‘‘(4) providing assurances that the plan devel4 oped under paragraph (2) shall meet the needs of

5 racial, cultural, ethnic, and language minority popu6 lations;

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

8 enforcement, and nonprofit nongovernmental victim

9 services programs in the community to be served by

10 such plan each receive an equitable percentage of

11 any funds allocated under this part; and

12 ‘‘(6) providing assurances that any Federal

13 funds received under this part shall be used to sup14 plement, not supplant, non-Federal funds that would

15 otherwise be available for activities funded under

16 this part.

17 ‘‘(d) DISBURSEMENT OF FUNDS.—

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

19 after the receipt of an application under this part,

20 the Director shall either disburse the appropriate

21 sums provided for under this part or shall inform

22 the applicant regarding why the application does not

23 conform to the requirements of this section.
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1 ‘‘(2) RESPONSIBILITY OF DIRECTOR.—In dis2 bursing funds under this part, the Director shall

3 issue regulations—

4 ‘‘(A) to distribute funds equitably on a ge5 ographic basis, including nonurban and rural

6 areas of varying geographic size; and

7 ‘‘(B) give priority to areas of varying geo8 graphic size with the greatest showing of need

9 based on the availability of existing domestic vi10 olence and sexual assault programs in the popu11 lation and geographic area to be served in rela12 tion to the availability of such programs in

13 other such populations and geographic areas.

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

15 March 31 of each year during which funds are received

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

17 with the Director explaining the activities carried out to18 gether with an assessment of the effectiveness of such ac19 tivities in achieving the purposes of this part.

20 ‘‘(2) The grantee shall arrange for assessments of the

21 grantee’s program from all organizations and government

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

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

24 Director by the assessing entity.
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1 ‘‘(f) SUSPENSION OF FUNDING.—The Director shall

2 suspend funding for an approved application if—

3 ‘‘(1) an applicant fails to submit an annual per4 formance report;

5 ‘‘(2) funds provided under this part are ex6 pended for purposes other than those set forth under

7 this part; or

8 ‘‘(3) grant reports or accompanying assess9 ments demonstrate to the Director that the program

10 is ineffective or financially unsound.

11 ‘‘SEC. 1703. GENERAL DEFINITIONS.

12 ‘‘For purposes of this part—

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

14 of violence committed against a victim by a current

15 or former spouse of the victim, an individual with

16 whom the victim shares a child in common, an indi17 vidual who is cohabiting with or has cohabited with

18 the victim as a spouse, an individual similarly situ19 ated to a spouse, or any other individual who is pro20 tected under domestic or family violence laws of the

21 jurisdiction that receives a grant under this part;

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

23 unit of local government, Indian tribe, and a non24 profit, nongovernmental victims services program;
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1 ‘‘(3) the term ‘Indian tribe’ means any Indian

2 tribe, band, nation, or other organized group or com3 munity, including any Alaska Native village or re4 gional or village corporation (as defined in, or estab5 lished pursuant to, the Alaska Native Claims Settle6 ment Act (43 U.S.C. 1601, et seq.)), which is recog7 nized as eligible for the special services provided by

8 the United States to Indians because of their status

9 as Indians;

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

11 given to such term by section 1151 of title 18, Unit12 ed States Code;

13 ‘‘(5) the term ‘sexual assault’ means any con14 duct proscribed by chapter 109A of title 18, United

15 States Code, whether or not the conduct occurs in

16 the special maritime and territorial jurisdiction of

17 the United States or in a Federal prison and in18 cludes both assaults committed by offenders who are

19 strangers to the victim and assaults committed by

20 offenders who are known or related by blood or mar21 riage to the victim; and

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

23 a nongovernmental nonprofit program that assists

24 domestic violence or sexual assault victims, including

25 nongovernmental nonprofit organizations such as
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1 rape crisis centers, battered women’s shelters, and

2 other sexual assault and domestic violence programs,

3 including nonprofit nongovernmental organizations

4 assisting domestic violence and sexual assault vic5 tims through the legal process.

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

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

8 the assistance provided under sections 1702, the Attorney

9 General may request any Federal agency, with or without

10 reimbursement, to use its authorities and the resources

11 granted to it under Federal law (including personnel,

12 equipment, supplies, facilities, and managerial, technical,

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

14 assistance efforts under this part.

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

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

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

18 a report that includes, for each State and Indian tribe—

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

20 part;

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

22 grants were provided and an evaluation of progress;

23 and

24 ‘‘(3) an evaluation of the effectiveness of pro25 grams established with funds under this part.’’.
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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 (10) the following:

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

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

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

8 percent of such appropriation allotted specifically for In9 dian tribes.’’.

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

11 801(b) of title I of the Omnibus Crime Control and Safe

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

13 inserting ‘‘O, and Q’’; and

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

15 Control and Safe Streets Act of 1968 is amended by strik16 ing ‘‘or O’’ and inserting ‘‘O, or Q’’.

17 (d) CONFORMING AMENDMENT.—The table of con18 tents of title I of the Omnibus Crime Control and Safe

19 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended

20 by striking the matter relating to part Q and inserting

21 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’’.
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1 SEC. 112. RAPE EXAM PAYMENTS.

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

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

4 out of pocket cost of forensic medical exams described in

5 subsection (b) for victims of sexual assault.

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

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

8 for victims of sexual assault if such State—

9 (1) provides such exams to victims free of

10 charge to the victim;

11 (2) arranges for victims to obtain such exams

12 free of charge to the victims; or

13 (3) reimburses victims for the cost of such

14 exams, if—

15 (A) the reimbursement covers the full cost

16 of such exams, without any deductible require17 ment or limit on the amount of a reimburse18 ment;

19 (B) the State permits victims to apply to

20 the State for reimbursement for not less than

21 one year from the date of the exam;

22 (C) the State provides reimbursement not

23 later than 90 days after written notification of

24 the victim’s expense; and

25 (D) the State provides information at the

26 time of the exam to all victims, including vic-
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1 tims with limited or no English proficiency, re2 garding how to obtain reimbursement.

3 SEC. 113. FILING COSTS FOR CRIMINAL CHARGES.

4 No State is entitled to funds under this title unless

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

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

7 misdemeanor or felony domestic violence offense, that the

8 abused bear the costs associated with the filing of criminal

9 charges against the domestic violence offender, or that the

10 abused bear the costs associated with the issuance or serv11 ice of a warrant, protection order, or witness subpoena.

12 SEC. 114. EQUITABLE TREATMENT OF RAPE CASES.

13 No State is entitled to funds under this title unless

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

15 offenses committed by offenders who are known to, cohabi16 tants of, social companions of, or related by blood or mar17 riage to, the victim no less severely than sex offenses com18 mitted by offenders who are strangers to the victim.

19 Subtitle B—Rape Prevention

20 Programs

21 CHAPTER 1—RAPE PREVENTION GRANTS

22 SEC. 121. EDUCATION AND PREVENTION GRANTS TO RE23 DUCE SEXUAL ASSAULTS AGAINST WOMEN.

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

25 Control and Safe Streets Act of 1968 (42 U.S.C. 3711
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1 et seq.), as amended by section 111, is further amended

2 by—

3 (1) redesignating part R as part S;

4 (2) redesignating section 1801 as section 1901;

5 and

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

7 ‘‘PART R—RAPE PREVENTION PROGRAMS

8 ‘‘SEC. 1801. GRANT AUTHORIZATION.

9 ‘‘The Director of the Bureau of Justice Assistance

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

11 to make grants—

12 ‘‘(1) to provide educational seminars, particu13 larly developed with emphasis on seminars for ele14 mentary and secondary school age children, designed

15 to develop an awareness of what acts meet the legal

16 definition of rape;

17 ‘‘(2) to provide programs for elementary and

18 secondary school age children that teach nonviolent

19 conflict resolution, self defense, or other relevant

20 skills;

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

22 with questions regarding sexual assault and rape;

23 ‘‘(4) to design and disseminate training pro24 grams for professionals, including the development

25 and dissemination of protocols for the routine identi-
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1 fication, treatment, and appropriate referral of vic2 tims of sexual assault by hospital emergency person3 nel and other professionals;

4 ‘‘(5) to develop treatment programs for con5 victed sex offenders and make such programs avail6 able to the local community and to Federal and

7 State prisons;

8 ‘‘(6) to prepare and disseminate informational

9 materials designed to educate the community regard10 ing sexual assault and prevention; and

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

12 awareness and prevention of sexual assault, includ13 ing efforts to increase awareness of sexual assault

14 prevention among racial, ethnic, cultural and lan15 guage minorities.

16 ‘‘SEC. 1802. APPLICATIONS.

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

18 under this part, a duly authorized representative of an eli19 gible entity shall submit an application to the Director in

20 such form and containing such information as the Director

21 may reasonably require.

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

23 an assurance that Federal funds received under this part

24 shall be used to supplement, not supplant, non-Federal
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1 funds that would otherwise be available for activities fund2 ed under this part.

3 ‘‘(c) REQUIRED PLAN.—Each application shall in4 clude a plan that contains—

5 ‘‘(1) a description of the projects to be devel6 oped;

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

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

9 demonstrated expertise in the field of rape preven10 tion and education; and

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

12 community needs and language minority populations

13 in providing ethnically and culturally and linguis14 tically appropriate programs where necessary.

15 ‘‘SEC. 1803. REPORTS.

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

17 grant period under this subpart, each grantee shall file

18 a performance report with the Director explaining the ac19 tivities carried out together with an assessment of the ef20 fectiveness of such activities in achieving the purposes of

21 this subpart. The Director shall suspend funding for an

22 approved application if an applicant fails to submit an an23 nual performance report.

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

25 after the end of each fiscal year for which grants are made
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1 under this subpart, the Director shall submit to the Con2 gress a report that includes, for each grantee—

3 ‘‘(1) the amount of grants made under this sub4 part;

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

6 grants were provided and an evaluation of progress;

7 and

8 ‘‘(3) an evaluation of the effectiveness of pro9 grams established with funds under this part.

10 ‘‘SEC. 1804. DEFINITIONS.

11 ‘‘For purposes of this part—

12 ‘‘(1) the term ‘eligible entity’ means a non13 profit, nongovernmental organization that directly

14 serves or provides advocacy on behalf of victims of

15 rape or sexual assault; and

16 ‘‘(2) the term ‘sexual assault prevention and

17 education’ means education and prevention efforts

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

19 (b) AUTHORIZATION OF APPROPRIATION.—Section

20 1001(a) of title I of the Omnibus Crime Control and Safe

21 Streets Act of 1968 (42 U.S.C. 3793), is amended by add22 ing after paragraph (11), as added by section 111 of this

23 Act, the following:

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

25 carry out the purposes of part R, $60,000,000 for fiscal
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1 year 1994, $75,000,000 for fiscal year 1995, and

2 $100,000,000 for fiscal year 1996.’’.

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

4 801(b) of title I of the Omnibus Crime Control and Safe

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

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

7 Q, and R’’; and

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

9 Control and Safe Streets Act of 1968, as amended by sec10 tion 111 of this Act, is amended by striking ‘‘O, or Q’’

11 and inserting ‘‘O, Q, or R’’.

12 (d) CONFORMING AMENDMENT.—The table of con13 tents of title I of the Omnibus Crime Control and Safe

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

15 by section 111, is amended by striking the matter relating

16 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.’’.
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1 CHAPTER 2—OFFENDER TRAINING AND

2 INFORMATION PROGRAMS

3 SEC. 126. NATIONAL INSTITUTE OF JUSTICE TRAINING

4 PROGRAMS.

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

6 after consultation with victim advocates and individuals

7 who have expertise in treating sex offenders, shall estab8 lish criteria and develop training programs to assist proba9 tion and parole officer and other personnel who work with

10 released sex offenders in the areas of—

11 (1) case management;

12 (2) supervision; and

13 (3) relapse prevention.

14 (b) TRAINING PROGRAMS.—The Director of the Na15 tional Institute of Justice shall attempt, to the extent

16 practicable, to make training programs developed under

17 subsection (a) available in geographically diverse locations

18 throughout the country.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

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

21 fiscal years 1994 and 1995 to carry out the provisions

22 of this section.

23 SEC. 127. INFORMATION PROGRAMS.

24 The Attorney General shall compile information re25 garding sex offender treatment programs and ensure that
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1 information regarding community treatment programs in

2 the community into which a convicted sex offender is re3 leased is made available to each person serving a sentence

4 of imprisonment in a Federal penal or correctional institu5 tion for a commission of an offense under chapter 109A

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

7 of a similar offense, including halfway houses and psy8 chiatric institutions.

9 Subtitle C—Victim Compensation

10 SEC. 131. VICTIM COMPENSATION.

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

12 States Code, is amended by adding at the end the follow13 ing new section:

14 ‘‘§ 2246. Mandatory restitution for sex offenses

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

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

17 penalty authorized by law, the court shall order restitution

18 for any offense under this chapter.

19 ‘‘(b) SCOPE AND NATURE OF ORDER.—

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

21 under this section shall direct that—

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

23 full amount of the victim’s losses as determined

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

25 subsection; and
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1 ‘‘(B) the United States Attorney enforce

2 the restitution order by all available and reason3 able means.

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

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

6 any costs incurred by the victim for—

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

8 psychiatric, or psychological care;

9 ‘‘(B) physical and occupational therapy or

10 rehabilitation;

11 ‘‘(C) lost income;

12 ‘‘(D) attorneys’ fees, plus any costs in13 curred in obtaining a civil protection order;

14 ‘‘(E) temporary housing;

15 ‘‘(F) transportation;

16 ‘‘(G) necessary child care;

17 ‘‘(H) language translation services; and

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

19 as a proximate result of the offense.

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

21 Restitution orders under this section are mandatory.

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

23 section because of—

24 ‘‘(i) the economic circumstances of the de25 fendant; or
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1 ‘‘(ii) the fact that a victim has, or is enti2 tled to, receive compensation for his or her inju3 ries from the proceeds of insurance or any other

4 source.

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

6 not apply if—

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

8 economic circumstances of the defendant do not

9 allow for the payment of any amount of a res10 titution order, and do not allow for the payment

11 of any amount of a restitution order in the fore12 seeable future (under any reasonable schedule

13 of payments); and

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

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

16 nominal restitution award.

17 ‘‘(4) CONSIDERATION OF ECONOMIC CIR18 CUMSTANCES.—

19 ‘‘(A) IN GENERAL.—Notwithstanding para20 graph (3) of this subsection, the court may take

21 into account the economic circumstances of the

22 defendant in determining the manner in which

23 and the schedule according to which the restitu24 tion is to be paid, including—
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1 ‘‘(i) the financial resources and other

2 assets of the defendant;

3 ‘‘(ii) projected earnings, earning ca4 pacity, and other income of the defendant;

5 and

6 ‘‘(iii) any financial obligations of the

7 defendant, including obligations to depend8 ents.

9 ‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—

10 An order under this section may direct the de11 fendant to make a single lump-sum payment or

12 partial payments at specified intervals. The

13 order shall also provide that the defendant’s

14 restitutionary obligation takes priority over any

15 criminal fine ordered.

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

17 under this section shall be set off against any

18 amount later recovered as compensatory damages by

19 the victim from the defendant in—

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

21 ‘‘(B) any State civil proceeding, to the ex22 tent provided by the law of the State.

23 ‘‘(c) PROOF OF CLAIM.—

24 ‘‘(1) IN GENERAL.—Within 60 days after con25 viction and, in any event, no later than 10 days
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1 prior to sentencing, the United States Attorney (or

2 delegate), after consulting with the victim, shall pre3 pare and file an affidavit with the court listing the

4 amounts subject to restitution under this section.

5 The affidavit shall be signed by the United States

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

7 victim object to any of the information included in

8 the affidavit, the United States Attorney (or dele9 gate) shall advise the victim that the victim may file

10 a separate affidavit.

11 ‘‘(2) OBJECTIONS.—If, after notifying the de12 fendant of the affidavit, no objection is raised by the

13 defendant, the amounts attested to in the affidavit

14 filed pursuant to paragraph (1) of this subsection

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

16 objection is raised, the court may require the victim

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

18 delegate) to submit further affidavits or other sup19 porting documents, demonstrating the victim’s

20 losses.

21 ‘‘(3) ADDITIONAL DOCUMENTATION AND TESTI22 MONY.—If the court concludes, after reviewing the

23 supporting documentation and considering the de24 fendant’s objections, that there is a substantial rea25 son for doubting the authenticity or veracity of the
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1 records submitted, the court may require additional

2 documentation or hear testimony on those questions.

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

4 pursuant to this section, shall be maintained to the

5 greatest extent possible.

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

7 the event that the victim’s losses are not ascertain8 able 10 days prior to sentencing as provided in sub9 section (c)(1) of this section, the United States At10 torney (or delegate) shall so inform the court, and

11 the court shall set a date for the final determination

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

13 sentencing. If the victim subsequently discovers fur14 ther losses, the victim shall have 60 days after dis15 covery of those losses in which to petition the court

16 for an amended restitution order. Such order may be

17 granted only upon a showing of good cause for the

18 failure to include such losses in the initial claim for

19 restitutionary relief.’’.

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

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

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

‘‘2246. Mandatory restitution for sex offenses.’’.
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1 Subtitle D—Safe Campuses for

2 Women

3 SEC. 141. CAMPUS SEXUAL ASSAULT STUDY.

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

5 a national baseline study to examine the scope of the prob6 lem of campus sexual assaults and the effectiveness of in7 stitutional and legal policies in addressing such crimes and

8 protecting victims. The Attorney General may utilize the

9 Bureau of Justice Statistics, the National Institute of Jus10 tice, and the Office for Victims of Crime in carrying out

11 this section.

12 (b) REPORT.—Based on the study required by sub13 section (a), the Attorney General shall prepare a report

14 including an analysis of—

15 (1) the number of reported allegations and esti16 mated number of unreported allegations of campus

17 sexual assaults, and to whom the allegations are re18 ported (including authorities of the educational insti19 tution, sexual assault victim service entities, and

20 local criminal authorities);

21 (2) the number of campus sexual assault allega22 tions reported to authorities of educational institu23 tions which are reported to criminal authorities;

24 (3) the number of campus sexual assault allega25 tions that result in criminal prosecution in compari-
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1 son with the number of noncampus sexual assault

2 allegations that result in criminal prosecution;

3 (4) Federal and State laws or regulations per4 taining specifically to campus sexual assaults;

5 (5) the adequacy of policies and practices of

6 educational institutions in addressing campus sexual

7 assaults and protecting victims, including consider8 ation of—

9 (A) the security measures in effect at edu10 cational institutions, such as utilization of cam11 pus police and security guards, control over ac12 cess to grounds and buildings, supervision of

13 student activities and student living arrange14 ments, control over the consumption of alcohol

15 by students, lighting, and the availability of es16 cort services;

17 (B) the articulation and communication to

18 students of the institution’s policies concerning

19 sexual assaults;

20 (C) policies and practices that may prevent

21 or discourage the reporting of campus sexual

22 assaults to local criminal authorities, or that

23 may otherwise obstruct justice or interfere with

24 the prosecution of perpetrators of campus sex25 ual assaults;
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1 (D) the nature and availability of victim

2 services for victims of campus sexual assaults;

3 (E) the ability of educational institutions’

4 disciplinary processes to address allegations of

5 sexual assault adequately and fairly;

6 (F) measures that are taken to ensure that

7 victims are free of unwanted contact with al8 leged assailants, and disciplinary sanctions that

9 are imposed when a sexual assault is deter10 mined to have occurred; and

11 (G) the grounds on which educational in12 stitutions are subject to lawsuits based on cam13 pus sexual assaults, the resolution of these

14 cases, and measures that can be taken to avoid

15 the likelihood of lawsuits;

16 (6) an assessment of the policies and practices

17 of educational institutions that are most effective in

18 addressing campus sexual assaults and protecting

19 victims, including policies and practices relating to

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

21 (7) any recommendations the Attorney General

22 may have for reforms to address campus sexual as23 saults and protect victims more effectively, and any

24 other matters that the Attorney General deems rel-
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1 evant to the subject of the study and report required

2 by this section.

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

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

5 on Education and Labor and the Judiciary of the House

6 of Representatives and the Committees on Labor and

7 Human Resources and the Judiciary of the Senate not

8 later than September 1, 1995.

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

10 ‘‘campus sexual assaults’’ means sexual assaults commit11 ted against or by students or employees of institutions of

12 postsecondary education and occurring at such institu13 tions or during activities connected with such institutions.

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

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

16 study required by this section.

17 TITLE II—SAFE HOMES FOR

18 WOMEN

19 SEC. 201. SHORT TITLE.

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

21 Women Act’’.
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1 Subtitle A—Interstate Enforcement

2 SEC. 211. INTERSTATE ENFORCEMENT.

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

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

6 ‘‘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.

7 ‘‘§ 2261. Interstate domestic violence

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

9 leaves Indian country with the intent to contact that per10 son’s spouse or intimate partner, and in the course of that

11 contact intentionally commits a crime of violence and

12 thereby causes bodily injury to such spouse or intimate

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

14 of this section.

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

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

17 ‘‘(1) for life or any term of years, if the of18 fender murders the victim;

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

20 causes serious bodily injury to the victim;

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

22 uses a dangerous weapon during the offense;
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1 ‘‘(4) as provided for the applicable conduct

2 under chapter 109A, if the offense constitutes sexual

3 abuse, as described under chapter 109A (without re4 gard to whether the offense was committed in the

5 special maritime and territorial jurisdiction of the

6 United States or in a Federal prison); and

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

8 case;

9 or both such fine and imprisonment.

10 ‘‘§ 2262. Violation of protection order

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

12 leaves Indian country with the intent to engage in conduct

13 that—

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

15 of which involves protection against credible threats

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

17 the person or persons for whom the protection order

18 was issued, and—

19 ‘‘(B) violates that portion of such protection

20 order; or

21 ‘‘(2) would violate paragraph (1) of this sub22 section if the conduct occurred in the jurisdiction in

23 which such order was issued;

24 and does engage in such conduct shall be punished as pro25 vided in subsection (b) of this section.
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1 ‘‘(b) The punishment for a violation of subsection (a)

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

3 ‘‘(1) for life or any term of years, if the of4 fender murders the victim;

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

6 causes serious bodily injury to the victim;

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

8 uses a dangerous weapon during the offense;

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

10 under chapter 109A, if the offense constitutes sexual

11 abuse, as described under chapter 109A (without re12 gard to whether the offense was committed in the

13 special maritime and territorial jurisdiction of the

14 United States or in a Federal prison); and

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

16 case;

17 or both such fine and imprisonment.

18 ‘‘§ 2263. Pretrial release of defendant

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

20 title for the purpose of determining whether a defendant

21 charged under this chapter shall be released pending trial,

22 or for the purpose of determining conditions of such re23 lease, the alleged victim shall be given an opportunity to

24 be heard regarding the danger posed by the defendant.
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1 ‘‘§ 2264. Restitution

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

3 of imprisonment provided under this chapter, and notwith4 standing the terms of section 3663 of this title, the court

5 shall order restitution to the victim of an offense under

6 this chapter.

7 ‘‘(b) SCOPE AND NATURE OF ORDER.—

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

9 under this section shall direct that—

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

11 full amount of the victim’s losses as determined

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

13 subsection; and

14 ‘‘(B) the United States Attorney enforce

15 the restitution order by all available and reason16 able means.

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

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

19 any costs incurred by the victim for—

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

21 psychiatric, or psychological care;

22 ‘‘(B) physical and occupational therapy or

23 rehabilitation;

24 ‘‘(C) lost income;

25 ‘‘(D) attorneys’ fees, plus any costs in26 curred in obtaining a civil protection order;
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1 ‘‘(E) temporary housing;

2 ‘‘(F) transportation;

3 ‘‘(G) necessary child care;

4 ‘‘(H) language translation services; and

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

6 as a proximate result of the offense.

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

8 Restitution orders under this section are mandatory.

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

10 section because of—

11 ‘‘(i) the economic circumstances of the de12 fendant; or

13 ‘‘(ii) the fact that a victim has, or is enti14 tled to, receive compensation for his or her inju15 ries from the proceeds of insurance or any other

16 source.

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

18 not apply if—

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

20 economic circumstances of the defendant do not

21 allow for the payment of any amount of a res22 titution order, and do not allow for the payment

23 of any amount of a restitution order in the fore24 seeable future (under any reasonable schedule

25 of payments); and
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1 ‘‘(ii) the court enters in its order the

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

3 nominal restitution award.

4 ‘‘(4) CONSIDERATION OF ECONOMIC CIR5 CUMSTANCES.—

6 ‘‘(A) IN GENERAL.—Notwithstanding para7 graph (3) of this subsection, the court may take

8 into account the economic circumstances of the

9 defendant in determining the manner in which

10 and the schedule according to which the restitu11 tion is to be paid, including—

12 ‘‘(i) the financial resources and other

13 assets of the defendant;

14 ‘‘(ii) projected earnings, earning ca15 pacity, and other income of the defendant;

16 and

17 ‘‘(iii) any financial obligations of the

18 offender, including obligations to depend19 ents.

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

21 An order under this section may direct the de22 fendant to make a single lump-sum payment, or

23 partial payments at specified intervals. The

24 order shall provide that the defendant’s
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1 restitutionary obligation takes priority over any

2 criminal fine ordered.

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

4 under this section shall be setoff against any amount

5 later recovered as compensatory damages by the vic6 tim from the defendant in—

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

8 ‘‘(B) any State civil proceeding, to the ex9 tent provided by the law of the State.

10 ‘‘(c) PROOF OF CLAIM.—

11 ‘‘(1) IN GENERAL.—Within 60 days after con12 viction and, in any event, no later than 10 days be13 fore sentencing, the United States Attorney (or such

14 Attorney’s delegate), after consulting with the vic15 tim, shall prepare and file an affidavit with the court

16 listing the amounts subject to restitution under this

17 section. The affidavit shall be signed by the United

18 States Attorney (or the delegate) and the victim.

19 Should the victim object to any of the information

20 included in the affidavit, the United States Attorney

21 (or the delegate) shall advise the victim that the vic22 tim may file a separate affidavit and assist the

23 victim in the preparation of that affidavit.

24 ‘‘(2) OBJECTIONS.—If, after notifying the de25 fendant of the affidavit, no objection is raised by the
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1 defendant, the amounts attested to in the affidavit

2 filed pursuant to paragraph (1) of this subsection

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

4 objection is raised, the court may require the victim

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

6 delegate) to submit further affidavits or other sup7 porting documents, demonstrating the victim’s

8 losses.

9 ‘‘(3) ADDITIONAL DOCUMENTATION OR TESTI10 MONY.—If the court concludes, after reviewing the

11 supporting documentation and considering the de12 fendant’s objections, that there is a substantial rea13 son for doubting the authenticity or veracity of the

14 records submitted, the court may require additional

15 documentation or hear testimony on those questions.

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

17 pursuant to this section, shall be maintained to the

18 greatest extent possible.

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

20 the event that the victim’s losses are not ascertain21 able 10 days before sentencing as provided in para22 graph (1) of this subsection, the United States At23 torney (or such Attorney’s delegate) shall so inform

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

25 determination of the victims’s losses, not to exceed
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1 90 days after sentencing. If the victim subsequently

2 discovers further losses, the victim shall have 90

3 days after discovery of those losses in which to peti4 tion the court for an amended restitution order.

5 Such order may be granted only upon a showing of

6 good cause for the failure to include such losses in

7 the initial claim for restitutionary relief.

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

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

10 chapter is not a substitute for imposition of punishment

11 under this chapter.

12 ‘‘§ 2265. Full faith and credit given to protection or13 ders

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

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

16 section by the court of one State or Indian tribe (the issu17 ing State or Indian tribe) shall be accorded full faith and

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

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

20 the order of the enforcing State or tribe.

21 ‘‘(b) PROTECTION ORDER.—A protection order is22 sued by a State or tribal court is consistent with this sub23 section if—
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1 ‘‘(1) such court has jurisdiction over the parties

2 and matter under the law of such State or Indian

3 tribe; and

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

5 heard is given to the person against whom the order

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

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

8 and opportunity to be heard must be provided within

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

10 event within a reasonable time after the order is

11 issued, sufficient to protect the respondent’s due

12 process rights.

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

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

15 has petitioned, filed a complaint, or otherwise filed a writ16 ten pleading for protection against abuse by a spouse or

17 intimate partner is not entitled to full faith and credit if—

18 ‘‘(1) no cross or counter petition, complaint, or

19 other written pleading was filed seeking such a pro20 tection order; or

21 ‘‘(2) a cross or counter petition has been filed

22 and the court did not make specific findings that

23 each party was entitled to such an order.

24 ‘‘§ 2266. Definitions for chapter

25 ‘‘As used in this chapter—
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1 ‘‘(1) the term ‘spouse or intimate partner’ in2 cludes—

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

4 who shares a child in common with the abuser,

5 a person who cohabits or has cohabited with the

6 abuser as a spouse, and any other person simi7 larly situated to a spouse; and

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

9 child, who is protected by the domestic or fam10 ily violence laws of the State in which the injury

11 occurred or where the victim resides;

12 ‘‘(2) the term ‘protection order’ includes any in13 junction or other order issued for the purpose of

14 preventing violent or threatening acts by one spouse

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

16 partner, including temporary and final orders issued

17 by civil and criminal courts (other than support or

18 child custody orders) whether obtained by filing an

19 independent action or as a pendente lite order in an20 other proceeding so long as any civil order was is21 sued in response to a complaint, petition or motion

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

23 partner;
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1 ‘‘(3) the term ‘State’ includes a State of the

2 United States, the District of Columbia, a common3 wealth, territory, or possession of the United States;

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

5 not include travel across State lines by an individual

6 who is a member of an Indian tribe when such indi7 vidual remains at all times in the territory of the

8 Indian tribe of which the individual is a member;

9 ‘‘(5) the term ‘bodily harm’ means any act, ex10 cept one done in self-defense, that results in physical

11 injury or sexual abuse; and

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

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

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

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

16 amended by inserting after the item for chapter 110 the

17 following new item:

‘‘110A. Violence against spouses .................................................. 2261.’’.

18 Subtitle B—Arrest in Domestic

19 Violence Cases

20 SEC. 221. ENCOURAGING ARREST POLICIES.

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

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

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

24 by—

25 (1) redesignating part S as part T;
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1 (2) redesignating section 1901 as section 2001;

2 and

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

4 ‘‘PART S—GRANTS TO ENCOURAGE ARREST

5 POLICIES

6 ‘‘SEC. 1901. ARREST POLICIES.

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

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

9 of local government to treat domestic violence as a serious

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

11 Justice Assistance may make grants to eligible States, In12 dian tribes, or units of local government for the following:

13 ‘‘(1) To implement mandatory arrest or

14 proarrest programs, including mandatory arrest pro15 grams for protective order violations.

16 ‘‘(2) To develop policies, and training in police

17 departments to improve tracking of cases involving

18 domestic violence.

19 ‘‘(3) To centralize and coordinate police en20 forcement, prosecution, or judicial responsibility for

21 domestic violence cases in groups or units of police

22 officers, prosecutors, or judges.

23 ‘‘(4) To strengthen legal advocacy service pro24 grams for victims of domestic violence.
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1 ‘‘(5) To educate judges in criminal and other

2 courts about domestic violence and to improve judi3 cial handling of such cases.

4 ‘‘(b) ELIGIBILITY.—Eligible grantees are States, In5 dian tribes, or units of local government that—

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

7 ‘‘(A)(i) encourage or mandate arrest of do8 mestic violence offenders based on probable

9 cause that violence has been committed; or

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

11 personnel have received domestic violence train12 ing conducted by a State Domestic Violence Co13 alition as defined in section 10410(b) of title

14 42, United States Code; and

15 ‘‘(B) mandate arrest of domestic violence

16 offenders who violate the terms of a valid and

17 outstanding protection order;

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

19 practices, and training programs discourage dual ar20 rests of offender and victim;

21 ‘‘(3) certify that their laws, policies, and prac22 tices prohibit issuance of mutual restraining orders

23 of protection except in cases where both spouses file

24 a claim and the court makes detailed finding of fact

25 indicating that both spouses acted primarily as ag-
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1 gressors and that neither spouse acted primarily in

2 self-defense;

3 ‘‘(4) certify that their laws, policies, and prac4 tices do not require, in connection with the prosecu5 tion of any misdemeanor or felony domestic violence

6 offense, that the abused bear the costs associated

7 with the filing of criminal charges or the service of

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

9 the costs associated with the issuance or service of

10 a warrant, protection order, or witness subpoena;

11 and

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

13 sex offenses committed by offenders who are known

14 to, cohabitants of, or social companions of or related

15 by blood or marriage to, the victim no less severely

16 than sex offenses committed by offenders who are

17 strangers to the victim.

18 ‘‘SEC. 1902. APPLICATIONS.

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

20 an application to the Director that shall—

21 ‘‘(1) describe plans to implement policies de22 scribed in subsection (b);

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

24 agencies or offices responsible for carrying out the

25 program; and
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1 ‘‘(3) include documentation from nonprofit, pri2 vate sexual assault and domestic violence programs

3 demonstrating their participation in developing the

4 application, and identifying such programs in which

5 such groups will be consulted for development and

6 implementation.

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

8 the Director shall give priority to an applicant that—

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

10 handling of cases involving domestic violence by pol11 icy, prosecutors, and courts; and

12 ‘‘(2) demonstrates a commitment to strong en13 forcement of laws, and prosecution of cases, involv14 ing domestic violence.

15 ‘‘SEC. 1903. REPORTS.

16 ‘‘Each grantee receiving funds under this part shall

17 submit a report to the Director evaluating the effective18 ness of projects developed with funds provided under this

19 part and containing such additional information as the

20 Director may prescribe.

21 ‘‘SEC. 1904. DEFINITIONS.

22 ‘‘For purposes of this part—

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

24 of violence against a victim committed by a current

25 or former spouse of the victim, an individual with
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1 whom the victim shares a child in common, an indi2 vidual who cohabits with or has cohabited with the

3 victim as a spouse, or any other individual similarly

4 situated to a spouse, or any other person who is pro5 tected under the domestic or family violence laws of

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

7 government entity.

8 ‘‘(2) the term ‘protection order’ includes any in9 junction issued for the purpose of preventing violent

10 or threatening acts of domestic violence including

11 temporary and final orders issued by civil and crimi12 nal courts (other than support or child custody pro13 visions) whether obtained by filing an independent

14 action or as a pendente lite order in another pro15 ceeding.’’.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

17 1001(a) of title I of the Omnibus Crime Control and Safe

18 Streets Act of 1968 (42 U.S.C. 3793), is amended by add19 ing after paragraph (12), as added by section 121 of this

20 Act, the following:

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

22 $25,000,000 for each of the fiscal years 1994, 1995, and

23 1996 to carry out the purposes of part S.’’.

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

25 801(b) of title I of the Omnibus Crime Control and Safe
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1 Streets Act of 1968, as amended by section 121 of this

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

3 ‘‘O, Q, R, and S’’; and

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

5 Control and Safe Streets Act of 1968, as amended by sec6 tion 121 of this Act, is amended by striking ‘‘O, Q, or

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

8 (d) EFFECTIVE DATE.—The eligibility requirements

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

10 date of enactment of this subtitle.

11 (e) CONFORMING AMENDMENT.—The table of con12 tents of title I of the Omnibus Crime Control and Safe

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

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

15 relating to part S and inserting the following:

‘‘PART S—GRANTS TO ENCOURAGE ARREST POLICIES

‘‘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.’’.

16 Subtitle C—Domestic Violence

17 SEC. 231. SHORT TITLE.

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

19 Firearm Prevention Act’’.

20 SEC. 232. FINDINGS.

21 The Congress finds that—
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1 (1) domestic violence is the leading cause of in2 jury to women in the United States between the

3 ages of 15 and 44;

4 (2) firearms are used by the abuser in 7 per5 cent of domestic violence incidents and produces an

6 adverse effect on interstate commerce; and

7 (3) individuals with a history of domestic abuse

8 should not have easy access to firearms.

9 SEC. 233. PROHIBITION AGAINST DISPOSAL OF FIREARMS

10 TO, OR RECEIPT OF FIREARMS BY, PERSONS

11 WHO HAVE COMMITTED DOMESTIC ABUSE.

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

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

14 at the end the following:

15 ‘‘(29) The term ‘intimate partner’ means, with re16 spect to a person, the spouse of the person, a former

17 spouse of the person, an individual who is a parent of a

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

19 has cohabited with the person.’’.

20 (b) PROHIBITION AGAINST DISPOSAL OF FIRE21 ARMS.—Section 922(d) of such title is amended—

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

23 (6);

24 (2) by striking the period at the end of para25 graph (7) and inserting ‘‘; or’’; and
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1 (3) by inserting after paragraph (7) the follow2 ing:

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

4 such person from harassing, stalking, or threatening

5 an intimate partner of such person, or engaging in

6 other conduct that would place an intimate partner

7 in reasonable fear of bodily injury, except that this

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

9 was issued after a hearing of which such person re10 ceived actual notice, and at which such person had

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

12 finding that such person represents a credible threat

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

14 (c) PROHIBITION AGAINST RECEIPT OF FIRE15 ARMS.—Section 922(g) of such title is amended—

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

17 (6);

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

19 (7); and

20 (3) by inserting after paragraph (7) the follow21 ing:

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

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

24 such person received actual or constructive no-
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1 tice, and at which such person had an oppor2 tunity to participate;

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

4 stalking, or threatening an intimate partner of

5 such person, or engaging in other conduct that

6 would place an intimate partner in reasonable

7 fear of bodily injury; and

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

9 represents a credible threat to the physical safe10 ty of such intimate partner,’’.

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

12 title is amended—

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

14 (1);

15 (2) by striking the period at the end of para16 graph (2) and inserting ‘‘; and’’; and

17 (3) by inserting after paragraph (2) the follow18 ing:

19 ‘‘(3) regulations providing for effective receipt

20 and secure storage of firearms relinquished by or

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

22 (g)(8) of section 922.’’.

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

24 such title is amended by striking ‘‘the seized’’ and insert-
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1 ing ‘‘or lapse of or court termination of the restraining

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

3 Subtitle D—Protection for

4 Immigrant Women

5 SEC. 241. ALIEN SPOUSE PETITIONING RIGHTS FOR IMME6 DIATE RELATIVE OR SECOND PREFERENCE

7 STATUS.

8 (a) IN GENERAL.—Section 204(a)(1) of the Immi9 gration and Nationality Act (8 U.S.C. 1154(a)(1)) is

10 amended—

11 (1) in subparagraph (A)—

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

13 (B) by redesignating the second sentence

14 as clause (ii), and

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

16 clause:

17 ‘‘(iii) An alien who is the spouse of a citizen of the

18 United States, who is eligible to be classified as an imme19 diate relative under section 201(b)(2)(A)(i), and who has

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

21 file a petition with the Attorney General under this sub22 paragraph for classification of the alien (and children of

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

24 the Attorney General that—
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1 ‘‘(I) the alien is residing in the United States,

2 the marriage between the alien and the spouse was

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

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

5 been battered by or has been the subject of extreme

6 cruelty perpetrated by the alien’s spouse, or

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

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

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

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

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

12 alien.’’; and

13 (2) in subparagraph (B)—

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

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

16 clause:

17 ‘‘(ii) An alien who is the spouse of an alien lawfully

18 admitted for permanent residence, who is eligible for clas19 sification under section 203(a)(2)(A), and who has resided

20 in the United States with the alien’s legal permanent resi21 dent spouse may file a petition with the Attorney General

22 under this subparagraph for classification of the alien

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

24 demonstrates to the Attorney General that the conditions
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1 described in subclause (I) or (II) of subparagraph (A)(iii)

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

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

4 204(a)(2) of such Act (8 U.S.C. 1154(a)(2)) is amended—

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

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

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

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

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

10 classification of the spouse of an alien if the prior

11 marriage of the alien’’.

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

13 1151(b)(2)(A)(i)) is amended by striking ‘‘204(a)(1)(A)’’

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

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

16 of the Immigration and Nationality Act (8 U.S.C. 1154)

17 is amended by adding at the end the following new sub18 section:

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

20 the basis for revocation under section 205 of a petition

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

22 under subsection (a)(1)(B)(ii) pursuant to conditions de23 scribed in subsection (a)(1)(A)(iii)(I).’’.

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

25 this section shall take effect January 1, 1994.
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1 SEC. 242. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIV2 ER APPLICATIONS.

3 (a) IN GENERAL.—Section 216(c)(4) of the Immigra4 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend5 ed by inserting after the second sentence the following:

6 ‘‘In acting on applications under this paragraph, the At7 torney General shall consider any credible evidence sub8 mitted in support of the application (whether or not the

9 evidence is supported by an evaluation of a licensed mental

10 health professional). The determination of what evidence

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

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

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

14 subsection (a) shall take effect on the date of the enact15 ment of this Act and shall apply to applications made be16 fore, on, or after such date.

17 SEC. 243. SUSPENSION OF DEPORTATION.

18 Section 244(a) of the Immigration and Nationality

19 Act (8 U.S.C. 1254(a)) is amended—

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

21 ‘‘or’’;

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

23 period and inserting ‘‘; or’’; and

24 (3) by inserting after paragraph (2) the follow25 ing:
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1 ‘‘(3) is deportable under any law of the United

2 States except section 241(a)(1)(G) and the provi3 sions specified in paragraph (2); is physically

4 present in the United States; has been battered or

5 subjected to extreme cruelty in the United States by

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

7 lawful permanent resident; and proves that during

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

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

10 person whose deportation would, in the opinion of

11 the Attorney General, result in extreme hardship to

12 the alien or the alien’s parent or child.’’.

13 TITLE III—MISCELLANEOUS

14 PROVISIONS

15 Subtitle A—Reports

16 SEC. 301. REPORT ON CONFIDENTIALITY OF ADDRESSES

17 FOR VICTIMS OF DOMESTIC VIOLENCE.

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

19 study of the means by which abusive spouses may obtain

20 information concerning the addresses or locations of es21 tranged or former spouses, notwithstanding the desire of

22 the victims to have such information withheld to avoid fur23 ther exposure to abuse. Based on the study, the Attorney

24 General shall transmit a report to Congress including—
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1 (1) the findings of the study concerning the

2 means by which information concerning the address3 es or locations of abused spouses may be obtained

4 by abusers; and

5 (2) analysis of the feasibility of creating effec6 tive means of protecting the confidentiality of infor7 mation concerning the addresses and locations of

8 abused spouses to protect such persons from expo9 sure to further abuse while preserving access to such

10 information for legitimate purposes.

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

12 may use the National Institute of Justice and the Office

13 for Victims of Crime in carrying out this section.

14 SEC. 302. REPORT ON RECORDKEEPING RELATING TO DO15 MESTIC VIOLENCE.

16 Not later than 1 year after the date of enactment

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

18 of, and shall submit to Congress a report and rec19 ommendations on, problems of recordkeeping of criminal

20 complaints involving domestic violence. The study and re21 port shall examine—

22 (1) the efforts that have been made by the De23 partment of Justice, including the Federal Bureau

24 of Investigation, to collect statistics on domestic vio25 lence; and
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1 (2) the feasibility of requiring that the relation2 ship between an offender and victim be reported in

3 Federal records of crimes of aggravated assault,

4 rape, and other violent crimes.

5 Subtitle B—Justice Department

6 Task Force on Violence Against

7 Women

8 SEC. 311. ESTABLISHMENT.

9 Not later than 30 days after the date of enactment

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

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

12 on Violence Against Women (referred to in this subtitle

13 as the ‘‘Task Force’’).

14 SEC. 312. GENERAL PURPOSES OF TASK FORCE.

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

16 Task Force shall review Federal, State, and local strate17 gies for preventing and punishing violent crimes against

18 women, including the enhancement and protection of the

19 rights of the victims of such crimes, and make rec20 ommendations to improve the response to such crimes.

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

22 functions as the Attorney General deems appropriate to

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

24 (1) evaluating the adequacy of, and making rec25 ommendations regarding, current law enforcement
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1 efforts at the Federal and State levels to reduce the

2 rate of violent crimes against women;

3 (2) evaluating the adequacy of, and making rec4 ommendations regarding, the responsiveness of State

5 prosecutors and State courts to violent crimes

6 against women;

7 (3) evaluating the adequacy of State and Fed8 eral rules of evidence, practice, and procedure to en9 sure the effective prosecution and conviction of vio10 lent offenders against women and to protect victims

11 from abuse in legal proceedings, making rec12 ommendations, where necessary, to improve those

13 rules;

14 (4) evaluating the adequacy of pretrial release,

15 sentencing, incarceration, and post-conviction release

16 for crimes that predominantly affect women, such as

17 rape and domestic violence;

18 (5) evaluating the adequacy of, and making rec19 ommendations regarding, the adequacy of State and

20 Federal laws on sexual assault and the need for a

21 more uniform statutory response to sex offenses, in22 cluding sexual assaults and other sex offenses com23 mitted by offenders who are known or related by

24 blood or marriage to the victim;
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1 (6) evaluating the adequacy of, and making rec2 ommendations regarding, the adequacy of State and

3 Federal laws on domestic violence and the need for

4 a more uniform statutory response to domestic vio5 lence;

6 (7) evaluating the adequacy of, and making rec7 ommendations regarding, the adequacy of current

8 education, prevention, and protection services for

9 women victims of violent crimes;

10 (8) assessing the issuance, formulation, and en11 forcement of protective orders, whether or not relat12 ed to a criminal proceeding, and making rec13 ommendations for their more effective use in domes14 tic violence and stalking cases;

15 (9) assessing the problem of stalking and per16 sistent menacing and recommending an effective

17 Federal response to the problem;

18 (10) evaluating the adequacy of, and making

19 recommendations regarding, the national public

20 awareness and the public dissemination of informa21 tion essential to the prevention of violent crimes

22 against women;

23 (11) evaluating the treatment of women as vic24 tims of violent crime in the State and Federal crimi-
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1 nal justice system, and making recommendations to

2 improve such treatment; and

3 (12) assessing the problem of sexual exploi4 tation of women and youths through prostitution

5 and in the production of pornography, and rec6 ommending effective means of response to the prob7 lem.

8 SEC. 313. MEMBERSHIP.

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

10 Force shall be chaired by the Attorney General (or des11 ignee). Not later than 60 days after the date of the enact12 ment of this Act, after consultation with the Secretary of

13 Health and Human Services, the Secretary of Education,

14 and the Secretary of Housing and Urban Development,

15 the Attorney General shall select up to 14 other members

16 to serve on the Task Force.

17 (b) PARTICIPATION.—The Attorney General (or des18 ignee) shall select, without regard to political affiliation,

19 members who are specially qualified to serve on the Task

20 Force based on their involvement in efforts to combat vio21 lence against women, assistance or service to victims of

22 such violence, or other pertinent experience or expertise.

23 The Attorney General shall ensure that the Task Force

24 includes a broad base of participation by including mem25 bers with backgrounds in such areas as law enforcement,
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1 victim services and advocacy, legal defense and prosecu2 tion, judicial administration, medical services, and coun3 seling.

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

5 vacancy that occurs on the Task Force.

6 SEC. 314. TASK FORCE OPERATIONS.

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

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

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

10 date of the enactment of this Act. After the initial meet11 ing, the Task Force shall meet at the call of the Attorney

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

13 (b) PAY.—Members of the Task Force who are offi14 cers or employees or elected officials of a government en15 tity shall receive no additional compensation by reason of

16 their service on the Task Force.

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

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

19 and other expenses including per diem in lieu of subsist20 ence, at rates authorized for employees of agencies under

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

22 SEC. 315. REPORTS.

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

24 date on which the Task Force is fully constituted under

25 section 313, the Task Force shall prepare and submit a
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1 final report to the President and to congressional commit2 tees that have jurisdiction over legislation addressing vio3 lent crimes against women, including the crimes of domes4 tic and sexual assault.

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

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

7 activities of the Task Force and of the findings and con8 clusions of the Task Force, including such recommenda9 tions for legislation and administrative action as the Task

10 Force considers appropriate.

11 SEC. 316. EXECUTIVE DIRECTOR AND STAFF.

12 (a) EXECUTIVE DIRECTOR.—

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

14 an Executive Director who shall be appointed by the

15 Attorney General (or designee), with the approval of

16 the Task Force.

17 (2) COMPENSATION.—The Executive Director

18 shall be compensated at a rate not to exceed the

19 maximum rate of the basic pay payable for a posi20 tion above GS–15 of the General Schedule contained

21 in title 5, United States Code.

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

23 the Executive Director may appoint and fix the compensa24 tion of such additional personnel as the Executive Director
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1 considers necessary to carry out the duties of the Task

2 Force.

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

4 Executive Director and the additional personnel of the

5 Task Force appointed under subsection (b) may be ap6 pointed without regard to the provisions of title 5, United

7 States Code, governing appointments in the competitive

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

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

10 title relating to classification and General Schedule pay

11 rates.

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

13 prescribed by the Task Force, the Executive Director may

14 procure temporary or intermittent services under section

15 3109(b) of title 5, United States Code, at rates for individ16 uals not to exceed $200 per day.

17 SEC. 317. POWERS OF TASK FORCE.

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

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

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

21 and receive such evidence, as the Task Force considers

22 appropriate. The Task Force may administer oaths for

23 testimony before the Task Force.

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

25 Task Force may, if authorized by the Task Force, take
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1 any action that the Task Force is authorized to take under

2 this subtitle.

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

4 request directly from any executive department or agency

5 such information as may be necessary to enable the Task

6 Force to carry out this subtitle, on the request of the At7 torney General (or designee).

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

9 States mails in the same manner and under the same con10 ditions as other departments and agencies of the United

11 States.

12 SEC. 318. AUTHORIZATION OF APPROPRIATIONS.

13 There is authorized to be appropriated to carry out

14 this subtitle $500,000 for fiscal year 1994.

15 SEC. 319. TERMINATION.

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

17 date on which its final report is submitted under section

18 315.

19 Subtitle C—STD Testing

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

21 IN SEX OFFENSE CASES.

22 Section 503(c)(7) of the Victims’ Rights and Restitu23 tion Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by

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

25 shall authorize the Director of the Office of Victims of
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1 Crime to provide for the payment of the cost of up to two

2 tests of the victim for sexually transmitted diseases, in3 cluding, but not limited to gonorrhea, herpes, chlamydia,

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

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

6 a counseling session by a medically trained professional

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

8 of sexually transmitted diseases to the victim as the result

9 of the assault.’’.

10 Subtitle D—Grant Programs

11 SEC. 331. NATIONAL DOMESTIC VIOLENCE HOTLINE

12 GRANT.

13 (a) FINDINGS.—Congress finds that—

14 (1) 4,000,000 women are battered by their

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

16 of such abuse;

17 (2) victims of domestic violence need access to

18 resources which will refer such victims and their

19 children to safe homes and shelters; and

20 (3) there is a need for a national domestic vio21 lence hotline to provide information and assistance

22 to victims of domestic violence because a privately

23 funded national domestic violence hotline which han24 dled more than 65,000 crisis calls annually no longer

25 exists.
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1 (b) IN GENERAL.—The Attorney General, through

2 the Bureau of Justice Assistance, shall provide a grant

3 to a nonprofit private organization to establish and oper4 ate a national, toll-free telephone hotline to provide infor5 mation and assistance to victims of domestic violence. A

6 grant provided under this subsection may extend over a

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

8 of payments under such grant shall be subject to annual

9 approval by the Attorney General and subject to the avail10 ability of appropriations for the fiscal year involved to

11 make the payments.

12 (c) APPLICATION.—

13 (1) IN GENERAL.—The Attorney General may

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

15 application that meets the requirements of para16 graph (2) has been approved by the Attorney

17 General.

18 (2) REQUIREMENTS.—An application meets the

19 requirements of this paragraph if the application—

20 (A) contains such agreements, assurances,

21 and information, and is in such form and sub22 mitted in such manner as the Attorney General

23 shall prescribe through notice in the Federal

24 Register;
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1 (B) demonstrates that the applicant has

2 nationally recognized expertise in the area of

3 domestic violence and a record of high quality

4 service to victims of domestic violence, including

5 support from advocacy groups, particularly

6 State coalitions and recognized national domes7 tic violence groups;

8 (C) demonstrates that the applicant has a

9 commitment to diversity, including the hiring of

10 and provision of services to ethnic, racial, cul11 tural, and non-English speaking minorities, in

12 addition to older individuals and individuals

13 with disabilities;

14 (D) demonstrates that the applicant has

15 the ability to integrate the hotline into existing

16 services provided by the applicant to victims of

17 domestic violence;

18 (E) includes a complete description of the

19 applicant’s plan for the establishment and oper20 ation of the hotline, including a description of—

21 (i) the hiring criteria and training

22 program for hotline personnel;

23 (ii) the methods for the creation,

24 maintenance, and updating of a resource

25 database for the hotline;
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1 (iii) a plan for providing service on a

2 24-hour-a-day basis to non-English speak3 ing callers, including hotline personnel who

4 speak Spanish;

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

6 individuals with hearing impairments; and

7 (v) a plan for publicizing the availabil8 ity of the hotline; and

9 (F) contains such other information as the

10 Attorney General may require.

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

12 a nonprofit private organization to receive a grant under

13 subsection (b) which has been in existence for at least 5

14 years from the date of submission of the application by

15 the organization.

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

17 be used to establish and operate a national, toll-free tele18 phone hotline to provide information and assistance to vic19 tims of domestic violence. In establishing and operating

20 the hotline, a nonprofit private organization shall—

21 (1) contract with a carrier for the use of a toll22 free telephone line;

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

24 answer incoming calls and provide counseling and

25 referral services to callers on a 24-hour-a-day basis;
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1 (3) establish, maintain, and update a database

2 of information relating to services for victims of do3 mestic violence, including information on the avail4 ability of shelters that serve battered women; and

5 (4) publicize the hotline to potential users

6 throughout the United States.

7 (f) AUTHORIZATION OF APPROPRIATIONS.—

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

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

10 each of the fiscal years 1994 through 1996.

11 (2) AVAILABILITY.—Funds authorized to be ap12 propriated under paragraph (1) shall remain avail13 able until expended.

14 SEC. 332. GRANTS FOR COMMUNITY PROGRAMS ON DOMES15 TIC VIOLENCE.

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

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

18 et seq.), as amended by section 221 of this Act, is amend19 ed by—

20 (1) redesignating part T as part U;

21 (2) redesignating section 2001 as section 2101;

22 and

23 (3) adding after part S the following new part:
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1 ‘‘PART T—GRANTS FOR COMMUNITY PROGRAMS

2 ON DOMESTIC VIOLENCE.

3 ‘‘SEC. 2001. GRANT AUTHORITY.

4 ‘‘The Director shall provide grants to establish

5 projects in local communities involving many sectors of

6 each community to coordinate intervention and prevention

7 of domestic violence.

8 ‘‘SEC. 2002. APPLICATIONS.

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

10 receive a grant under this section shall submit to the Di11 rector an application, in such form and in such manner

12 as the Director may reasonably require that—

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

14 a community leadership function, bringing together

15 opinion leaders from each sector of the community

16 to develop a coordinated community consensus op17 posing domestic violence;

18 ‘‘(2) demonstrates a community action compo19 nent to improve and expand current intervention and

20 prevention strategies through increased communica21 tion and coordination among all affected sectors;

22 ‘‘(3) includes a complete description of the ap23 plicant’s plan for the establishment and operation of

24 the community project, including a description of—

25 ‘‘(A) the method for identification and se26 lection of an administrative committee made up
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1 of persons knowledgeable in domestic violence

2 to oversee the project, hire staff, assure compli3 ance with the project outline, and secure annual

4 evaluation of the project;

5 ‘‘(B) the method for identification and se6 lection of project staff and a project evaluator;

7 ‘‘(C) the method for identification and se8 lection of a project council consisting of rep9 resentatives of the community sectors listed in

10 subsection (b)(2);

11 ‘‘(D) the method for identification and se12 lection of a steering committee consisting of

13 representatives of the various community sec14 tors who will chair subcommittees of the project

15 council focusing on each of the sectors; and

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

17 public education campaigns regarding domestic

18 violence; and

19 ‘‘(4) contains such other information, agree20 ments, and assurances as the Director may require.

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

22 this section, such application shall include—

23 ‘‘(1) an assurance that the applicant is a non24 profit private organization organized for the purpose
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1 of coordinating community projects for the interven2 tion in and prevention of domestic violence; and

3 ‘‘(2) an assurance that such nonprofit organiza4 tion includes representation from pertinent sectors

5 of the local community, including—

6 ‘‘(A) health care providers;

7 ‘‘(B) the education community;

8 ‘‘(C) the religious community;

9 ‘‘(D) the justice system;

10 ‘‘(E) domestic violence program advocates;

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

12 child services divisions; and

13 ‘‘(G) business and civic leaders.

14 ‘‘SEC. 2003. AWARD OF GRANTS.

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

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

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

18 grant under this section shall be subject to—

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

20 ‘‘(2) availability of appropriations.

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

22 shall award grants under this section to organizations in

23 communities geographically dispersed throughout the

24 country.
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1 ‘‘SEC. 2004. USES OF FUNDS.

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

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

4 project to coordinate intervention and prevention of do5 mestic violence.

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

7 a project, a nonprofit private organization shall—

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

9 domestic violence intervention and prevention strate10 gies among all affected sectors;

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

12 within each community sector that are in conjunc13 tion with development in all other sectors; and

14 ‘‘(3) provide for periodic evaluation of the

15 project with a written report and analysis to assist

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

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

18 1001 of the Omnibus Crime Control and Safe Streets Act

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

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

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

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

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

24 1995, 1996, and 1997, to remain available until ex25 pended.’’.
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1 (c) ADMINISTRATIVE PROVISIONS.—(1) Section

2 801(b) of title I of the Omnibus Crime Control and Safe

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

4 Act, is amended by striking ‘‘O, Q, R, and S’’ and insert5 ing ‘‘O, Q, R, S, and T’’; and

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

7 Control and Safe Streets Act of 1968, as amended by sec8 tion 221 of this Act, is amended by striking ‘‘O, Q, R,

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

10 (d) CONFORMING AMENDMENT.—The table of con11 tents of title I of the Omnibus Crime Control and Safe

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

13 by section 221 of this Act, is amended by striking the mat14 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.’’.
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1 TITLE IV—EQUAL JUSTICE FOR

2 WOMEN IN THE COURTS

3 Subtitle A—Education and Train4 ing for Judge and Court Person5 nel in State Courts

6 SEC. 401. GRANTS AUTHORIZED.

7 The State Justice Institute is authorized to award

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

9 and disseminating model programs to be used by States

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

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

12 other crimes of violence motivated by gender.

13 SEC. 402. TRAINING PROVIDED BY GRANTS.

14 Training provided pursuant to grants made under

15 this subtitle may include current information, existing

16 studies, or current data on—

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

18 assault by strangers and nonstrangers, marital rape,

19 and incest;

20 (2) the underreporting of rape, sexual assault,

21 and child sexual abuse;

22 (3) the physical, psychological, and economic

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

24 costs to society, and the implications for sentencing;
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1 (4) the psychology of sex offenders, their high

2 rate of recidivism, and the implications for sentenc3 ing;

4 (5) the historical evolution of laws and attitudes

5 on rape and sexual assault;

6 (6) sex stereotyping of female and male victims

7 of rape and sexual assault, racial stereotyping of

8 rape victims and defendants, and the impact of such

9 stereotypes on credibility of witnesses, sentencing,

10 and other aspects of the administration of justice;

11 (7) application of rape shield laws and other

12 limits on introduction of evidence that may subject

13 victims to improper sex stereotyping and harassment

14 in both rape and nonrape cases, including the need

15 for sua sponte judicial intervention in inappropriate

16 cross-examination;

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

18 trauma syndrome, child sexual abuse accommodation

19 syndrome, post-traumatic stress syndrome, and simi20 lar issues;

21 (9) the legitimate reasons why victims or rape,

22 sexual assault, domestic violence, and incest may

23 refuse to testify against a defendant;

24 (10) the nature and incidence of domestic vio25 lence;
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1 (11) the physical, psychological, and economic

2 impact of domestic violence on the victim, the costs

3 to society, and the implications for court procedures

4 and sentencing;

5 (12) the psychology and self-presentation of

6 batterers and victims and the negative implications

7 for court proceedings and credibility of witnesses;

8 (13) sex stereotyping of female and male vic9 tims of domestic violence, myths about presence or

10 absence of domestic violence in certain racial, ethnic,

11 religious, or socioeconomic groups, and their impact

12 on the administration of justice;

13 (14) historical evolution of laws and attitudes

14 on domestic violence;

15 (15) proper and improper interpretations of the

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

17 of expert witness testimony on battered woman syn18 drome;

19 (16) the likelihood of retaliation, recidivism,

20 and escalation of violence by batterers, and the po21 tential impact of incarceration and other meaningful

22 sanctions for acts of domestic violence including vio23 lations of orders of protection;

24 (17) economic, psychological, social and institu25 tional reasons for victims’ inability to leave the
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1 batterer, to report domestic violence or to follow

2 through on complaints, including the influence of

3 lack of support from police, judges, and court per4 sonnel, and the legitimate reasons why victims of do5 mestic violence may refuse to testify against a de6 fendant and should not be held in contempt;

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

8 negative implications of mutual orders of protection,

9 dual arrest policies, and mediation in domestic vio10 lence cases; and

11 (19) recognition of and response to gender12 motivated crimes of violence other than rape, sexual

13 assault and domestic violence, such as mass or serial

14 murder motivated by the gender of the victims.

15 SEC. 403. COOPERATION IN DEVELOPING PROGRAMS.

16 The State Justice Institute shall ensure that model

17 programs carried out pursuant to grants made under this

18 subtitle are developed with the participation of law en19 forcement officials, public and private nonprofit victim ad20 vocates, legal experts, prosecutors, defense attorneys, and

21 recognized experts on gender bias in the courts.

22 SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

23 There is authorized to be appropriated for fiscal year

24 1994, $600,000 to carry out the purposes of this subtitle.

25 Of amounts appropriated under this section, the State
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1 Justice Institute shall expend no less than 40 percent on

2 model programs regarding domestic violence and no less

3 than 40 percent on model programs regarding rape and

4 sexual assault.

5 Subtitle B—Education and Train6 ing for Judges and Court Per7 sonnel in Federal Courts

8 SEC. 411. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU9 CATION AND TRAINING GRANTS.

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

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

12 courts, the circuit judicial councils are encouraged to con13 duct studies of the instances of gender bias in their respec14 tive circuits. The studies may include an examination of

15 the effects of gender on—

16 (1) the treatment of litigants, witnesses, attor17 neys, jurors, and judges in the courts, including be18 fore magistrate and bankruptcy judges;

19 (2) the interpretation and application of the

20 law, both civil and criminal;

21 (3) treatment of defendants in criminal cases;

22 (4) treatment of victims of violent crimes;

23 (5) sentencing;
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1 (6) sentencing alternatives, facilities for incar2 ceration, and the nature of supervision of probation,

3 parole, and supervised release;

4 (7) appointments to committees of the Judicial

5 Conference and the courts;

6 (8) case management and court sponsored al7 ternative dispute resolution programs;

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

9 treatment of employees;

10 (10) appointment of arbitrators, experts, and

11 special masters;

12 (11) the admissibility of past sexual history in

13 civil and criminal cases; and

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

15 402 that pertain to issues within the jurisdiction of

16 the Federal courts.

17 (b) CLEARINGHOUSE.—The Judicial Conference of

18 the United States shall designate an entity within the Ju19 dicial Branch to act as a clearinghouse to disseminate any

20 reports and materials issued by the gender bias task forces

21 under subsection (a) and to respond to requests for such

22 reports and materials. The gender bias task forces shall

23 provide this entity with their reports and related material.
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1 (c) MODEL PROGRAMS.—The Federal Judicial Cen2 ter, in carrying out section 620(b)(3) of title 28, United

3 States Code, shall—

4 (1) include in the educational programs it pre5 sents and prepares, including the training programs

6 for newly appointed judges, information on issues re7 lated to gender bias in the courts including such

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

9 other topics as the Federal Judicial Center deems

10 appropriate;

11 (2) prepare materials necessary to implement

12 this subsection; and

13 (3) take into consideration the findings and rec14 ommendations of the studies conducted pursuant to

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

16 groups with relevant expertise in gender bias issues

17 as it prepares or revises such materials.

18 SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

19 (a) IN GENERAL.—There is authorized to be appro20 priated—

21 (1) $600,000 to the Salaries and Expenses Ac22 count of the Courts of Appeals, District Courts, and

23 other Judicial Services, to carry out section 411(a),

24 to be available until expended through fiscal year

25 1996;
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1 (2) $100,000 to the Federal Judicial Center to

2 carry out section 411(c) and any activities des3 ignated by the Judicial Conference under section

4 411(b); and

5 (3) such sums as are necessary to the Adminis6 trative Office of the United States Courts to carry

7 out any activities designated by the Judicial Con8 ference under section 411(b).

9 (b) THE JUDICIAL CONFERENCE OF THE UNITED

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

11 States Courts shall allocate funds to Federal circuit courts

12 under this subtitle that—

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

14 (B) implement reforms recommended as a re15 sult of such studies in their own or other circuits,

16 including education and training.

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

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

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

20 6 months after the date on which funds authorized under

21 this Act become available, funds are still available, circuits

22 that have received funds may reapply for additional funds,

23 with not more than $200,000 going to any one circuit.
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1 Subtitle C—Evidentiary Rules

2 SEC. 421. EXPERT TESTIMONY OF DOMESTIC VIOLENCE.

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

4 (1) State criminal courts often fail to admit ex5 pert testimony offered by a defendant concerning the

6 nature and effect of physical, sexual, and mental

7 abuse to assist the trier of fact in assessing the be8 havior, beliefs, or perceptions of such defendant in

9 a domestic relationship in which abuse has occurred;

10 (2) the average juror often has little under11 standing of the nature and effect of domestic vio12 lence on such a defendant’s behavior, beliefs, or per13 ceptions, and the lack of understanding can result in

14 the juror blaming the woman for her victimization;

15 (3) the average juror is often unaware that vic16 tims of domestic violence are frequently in greater

17 danger of violence after they terminate or attempt to

18 terminate domestic relationships with their abuser;

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

20 attitudes are often held not only by the average lay

21 person but also by many in the criminal justice sys22 tem, insofar as the criminal justice system tradition23 ally has failed to protect women from violence at the

24 hands of men;
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1 (5) specialized knowledge of the nature and ef2 fect of domestic violence is sufficiently established to

3 have gained the general acceptance which is required

4 for the admissibility of expert testimony;

5 (6) although both men and women can be vic6 tims of physical, sexual, and mental abuse by their

7 partners in domestic relationships, the most frequent

8 victims are women; and

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

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

11 male partner than by any other type of assailant,

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

13 by their current or former male partners.

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

15 Congress that the executive branch, working through the

16 State Justice Institute, should examine programs which

17 would allow the States to consider—

18 (1) that expert testimony concerning the nature

19 and effect of domestic violence, including descrip20 tions of the experiences of battered women, be ad21 missible when offered in a State court by a defend22 ant in a criminal case to assist the trier of fact in

23 understanding the behavior, beliefs, or perceptions of

24 such defendant in a domestic relationship in which

25 abuse has occurred;
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1 (2) that a witness be qualified to testify as an

2 expert witness based upon her or his knowledge,

3 skill, experience, training, or education, and be per4 mitted to testify in the form of an opinion or other5 wise; and

6 (3) that expert testimony about a domestic rela7 tionship be admissible to include testimony of rela8 tionships between spouses, former spouses, cohabi9 tants, former cohabitants, partners or former part10 ners, and between persons who are in, or have been

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

Passed the House of Representatives November 20,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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