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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1133 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1133

              To combat violence and crimes against women.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1993

Mrs. Schroeder (for herself, Ms. Slaughter, Mr. Schumer, Mrs. Morella, 
   Ms. Snowe, Ms. Pelosi, Ms. Norton, Mrs. Collins of Illinois, Miss 
 Collins of Michigan, Mrs. Mink, Mrs. Unsoeld, Ms. Kaptur, Mrs. Lowey, 
Ms. Waters, Mrs. Byrne, Mrs. Maloney, Ms. Velazquez, Ms. McKinney, Ms. 
  Eshoo, Ms. Schenk, Ms. Brown of Florida, Mrs. Meyers of Kansas, Mr. 
   Moakley, Mr. Frank of Massachusetts, Mr. Yates, Mr. Oberstar, Mr. 
 McDermott, Mr. Wilson, Mr. Lehman, Mr. Mazzoli, Mr. Andrews of Texas, 
   Mr. Kreidler, Mr. Olver, Mr. Miller of California, Mr. Shays, Mr. 
  Gutierrez, Mr. Ramstad, Mr. Neal of Massachusetts, Mr. Meehan, Mr. 
Ackerman, Mr. Owens, Mr. Frost, Mr. Kildee, Mr. Bilbray, Mr. Reed, Mr. 
Brown of California, Mr. Kopetski, Mr. Bilirakis, Mr. Evans, Mr. Wheat, 
 Mr. Gejdenson, Mr. Wise, Ms. E.B. Johnson of Texas, Mr. Deutsch, Mr. 
Lipinski, Mr. Filner, Mr. Andrews of New Jersey, Mr. Swett, Mr. Allard, 
  Mr. Swift, and Mr. Walsh) introduced the following bill; which was 
               referred to the Committee on the Judiciary

                            August 23, 1993

    Additional sponsors: Mr. LaFalce, Mr. Stupak, Mr. Sanders, Mr. 
   Jefferson, Mr. Peterson of Minnesota, Mr. Bryant, Mrs. Johnson of 
 Connecticut, Mr. Faleomavaega, Mr. Ravenel, Mr. Murphy, Mr. Coleman, 
   Mr. Durbin, Mr. Manton, Mr. Vento, Mrs. Kennelly, Mr. Rangel, Mr. 
Hamilton, Mr. Upton, Mr. Towns, Mr. Coyne, Mr. Flake, Mr. Becerra, Mr. 
   Beilenson, Mrs. Meek, Mr. Hinchey, Mr. Cardin, Mr. Blackwell, Mr. 
 Barrett of Wisconsin, Mr. DeFazio, Mr. Kennedy, Mr. Fazio, Mr. Mfume, 
  Mr. Reynolds, Mr. Lewis of Georgia, Mr. Moran, Mr. Abercrombie, Mr. 
   Serrano, Mr. McCloskey, Mr. Sarpalius, Mrs. Lloyd, Mr. Andrews of 
Maine, Mr. Hyde, Mr. Markey, Mr. Gibbons, Mr. Costello, Mr. Foglietta, 
   Mr. Scott, Ms. Danner, Mr. McHugh, Mr. Conyers, Ms. Molinari, Ms. 
   DeLauro, Mrs. Clayton, Mr. Hastings, Mr. Waxman, Mr. Bonior, Mr. 
 Washington, Ms. Furse, Mr. Johnston of Florida, Mr. Borski, Mr. Carr, 
 Mr. Coppersmith, Mr. Hochbrueckner, Mr. Tucker, Mr. Sabo, Mr. Wyden, 
 Mr. Torricelli, Mr. Rush, Mr. Franks of Connecticut, Mr. Lantos, Mr. 
Levy, Mr. Clement, Mr. Levin, Mr. Nadler, Mr. Hamburg, Mr. Boucher, Mr. 
    McHale, Mr. Slattery, Mr. Stark, Mr. Pomeroy, Mr. Menendez, Ms. 
 Woolsey, Mr. Machtley, Mr. Pallone, Mr. Dixon, Mr. Wynn, Mr. Ford of 
   Michigan, Mr. Murtha, Ms. Roybal-Allard, Mr. Clay, Ms. Margolies-
 Mezvinsky, Mr. Studds, Ms. English of Arizona, Mr. Gilman, Mr. Leach, 
 Mr. Applegate, Mr. Rahall, Mr. Engel, Mr. de Lugo, Mr. Pete Geren of 
 Texas, Mr. Barton of Texas, Mr. Cramer, Mr. Johnson of South Dakota, 
   Mrs. Thurman, Mr. English of Oklahoma, Mr. Hoyer, Mr. Pastor, Mr. 
Orton, Mr. Ford of Tennessee, Mr. Poshard, Mr. Gilchrest, Mr. Mollohan, 
Ms. Shepherd, Mr. Visclosky, Mr. Mineta, Mr. Sangmeister, Mr. Martinez, 
  Mr. Stokes, Mr. Valentine, Mr. Payne of New Jersey, Mr. Minge, Mr. 
    Gunderson, Mr. Holden, Mr. Gingrich, and Mr. Gene Green of Texas

_______________________________________________________________________

                                 A BILL

 
              To combat violence and crimes against women.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Violence Against Women Act of 
1993''.

SEC. 2. TABLE OF CONTENTS.

    The following is the table of contents for this Act:

Sec. 1. Short title.
Sec. 2. Table of contents.
                    TITLE I--SAFE STREETS FOR WOMEN

Sec. 101. Short title.
 Subtitle A--Law Enforcement and Prosecution Grants to Reduce violent 
                          Crimes Against Women

Sec. 111. Grants to combat violent crimes against women.
Sec. 112. Rape exam payments.
   Subtitle B--Rape Prevention Grants and Offender Training Programs

                   CHAPTER 1--RAPE PREVENTION GRANTS

Sec. 121. Education and prevention grants to reduce sexual assaults 
                            against women.
Sec. 122. Applications.
Sec. 123. Reports.
Sec. 124. Definitions.
Sec. 125. Authorization of appropriations.
         CHAPTER 2--OFFENDER TRAINING AND INFORMATION PROGRAMS

Sec. 126. National Institute of Justice training program.
Sec. 127. Treatment information.
                    Subtitle C--Victim Compensation

Sec. 131. Victim Compensation.
       Subtitle D--National Board on Violent Crime Against Women

Sec. 141. Establishment.
Sec. 142. Duties of Board.
Sec. 143. Membership.
Sec. 144. Reports.
Sec. 145. Executive Director and staff.
Sec. 146. Powers of Board.
Sec. 147. Authorization of appropriations.
Sec. 148. Termination.
                  Subtitle E--Safe Campuses for Women

Sec. 151. Safe campuses for women.
                     TITLE II--SAFE HOMES FOR WOMEN

Sec. 201. Short title.
                   Subtitle A--Interstate Enforcement

Sec. 211. Interstate enforcement.
             Subtitle B--Arrest in Domestic Violence Cases

Sec. 221. Encouraging arrest policies.
               Subtitle C--Safe Homes for Immigrant Women

Sec. 231. Authorization.
             Subtitle D--Confidentiality for Abuse Persons

Sec. 261. Confidentiality for abused persons.
                        TITLE III--CIVIL RIGHTS

Sec. 301. Civil rights.
            TITLE IV--EQUAL JUSTICE FOR WOMEN IN THE COURTS

                   Subtitle A--New Evidentiary Rules

Sec. 401. Interlocutory Appeal.
Sec. 402. Sexual history in all criminal cases.
Sec. 403. Sexual history in criminal cases.
Sec. 404. Evidence of clothing.
 Subtitle B--Education and Training for Judges and Court Personnel in 
                              State Courts

Sec. 411. Grants authorized.
Sec. 412. Training provided by grants.
Sec. 413. Cooperation in developing programs.
Sec. 414. Authorization of appropriations.
 Subtitle C--Education and Training for Judges and Court Personnel in 
                             Federal Courts

Sec. 421. Authorizations of circuit studies; education and training 
                            grants.
Sec. 422. Authorization of appropriations.

                    TITLE I--SAFE STREETS FOR WOMEN

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Safe Streets for Women Act of 
1993''.

 Subtitle A--Law Enforcement and Prosecution Grants to Reduce Violent 
                          Crimes Against Women

SEC. 111. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by--
            (1) redesignating part Q as part R;
            (2) redesignating section 1701 as section 1801;
        and
            (3) adding after part P the following new part:

        ``PART Q--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

``SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.

    ``(a) General Program Purpose.--The purpose of this part is to 
assist States and other eligible entities to develop effective law 
enforcement and prosecution strategies to combat violent crimes against 
women.
    ``(b) Purposes for Which Grants May Be Used.--Grants under this 
part shall provide additional personnel, training, technical 
assistance, data collection and other equipment for the more widespread 
apprehension, prosecution, and adjudication of persons committing 
violent crimes against women and specifically, for the purposes of--
            ``(1) training law enforcement officers and prosecutors to 
        identify and respond more effectively to violent crimes against 
        women, including crimes of sexual assault and domestic 
        violence;
            ``(2) developing, training, or expanding units of law 
        enforcement officers and prosecutors that specifically target 
        violent crimes against women, including the crimes of sexual 
        assault and domestic violence;
            ``(3) developing and implementing police and prosecution 
        policies, protocols, or orders specifically devoted to the 
        identification of and response to violent crimes against women, 
        including the crimes of sexual assault and domestic violence;
            ``(4) developing, installing, or expanding data collection 
        systems, including computerized systems, linking police, 
        prosecutors, and courts or identifying and tracking arrests, 
        protection orders, prosecutions, and convictions for the crimes 
        of sexual assault and domestic violence; and
            ``(5) developing, enlarging, or strengthening victim 
        services programs, including sexual assault and domestic 
        violence programs, to increase reporting and reduce attrition 
        rates for cases involving violent crimes against women, 
        including crimes of sexual assault and domestic violence.

``SEC. 1702. STATE GRANTS.

    ``(a) General Grants.--The Director is authorized to make grants to 
States, for use by States, units of local government in the States, and 
nonprofit nongovernmental victim services programs in the States, for 
the purposes outlined in section 1701(b), and to reduce the rate of 
violent crimes against women.
    ``(b) Application Requirements.--Applications shall include--
            ``(1) documentation from prosecution, law enforcement, and 
        victim services programs to be assisted that demonstrates--
                    ``(A) the need for grant funds;
                    ``(B) the intended use of grant funds; and
                    ``(C) the expected results; and
            ``(2) proof of compliance with the requirements for the 
        payment of forensic medical exams provided pursuant to section 
        112 of the Violence Against Women Act of 1993.
    ``(c) Qualification.--Upon satisfying the terms of subsection (b), 
any State shall be eligible for funds provided under this part by--
            ``(1) certifying that funds received under this part shall 
        be used to reduce the rate of violent crimes against women and 
        for the purposes outlined in section 1701(b); and
            ``(2) certifying that grantees and subgrantees shall 
        develop a plan, implement such plan, and otherwise consult and 
        coordinate with nonprofit non-governmental domestic violence 
        and sexual assault victim services programs, law enforcement 
        officials, victim advocates, prosecutors, and defense 
        attorneys;
            ``(3) providing documentation from the individuals and 
        groups listed under paragraph (2) regarding their participation 
        in development of a plan and involvement in the application 
        process, as well as how these individuals and groups will be 
        involved in implementation of the plan;
            ``(4) providing assurances that the plan developed under 
        paragraph (2) shall meet the needs of racial, cultural, ethnic, 
        and language minority populations in the community to be served 
        by such plan;
            ``(5) providing assurances that prosecution, law 
        enforcement, and nonprofit nongovernmental services for victims 
        shall each receive not less than 25 percent of any funds 
        received under this part; and
            ``(6) providing assurances that any Federal funds received 
        under this part shall be used to supplement, not supplant, non-
        Federal funds that would otherwise be available for activities 
        funded under this part.
    ``(d) Disbursement of Funds.--
            ``(1) In general.--Not later than 60 days after the receipt 
        of an application under this part, the Director shall either 
        disburse the appropriate sums provided for under this subpart 
        or shall inform the applicant regarding why the application 
        does not conform to the requirements of this section.
            ``(2) Responsibility of director.--In disbursing funds 
        under this part, the Director shall issue regulations--
                    ``(A) to distribute funds equitably on a geographic 
                basis, including nonurban and rural areas of varying 
                geographic size; and
                    ``(B) give priority to areas of varying geographic 
                size with the greatest showing of need based on the 
                availability of existing domestic violence and sexual 
                assault programs in the population and geographic area 
                to be served in relation to the availability of such 
                programs in other such populations and geographic 
                areas.
    ``(e) Grantee Reporting.--Upon completion of the grant period under 
this part, the State grantee shall file a performance report with the 
Director explaining the activities carried out together with an 
assessment of the effectiveness of such activities in achieving the 
purposes of this part.
    ``(f) Suspension of Funding.--The Director shall suspend funding 
for an approved application if--
            ``(1) an applicant fails to submit an annual performance 
        report; or
            ``(2) funds provided under this part are expended for 
        purposes other than those set forth under this part.

``SEC. 1703. GENERAL GRANTS TO TRIBES

    ``(a) General Grants.--The Director is authorized to make grants to 
Indian tribes, for use by tribes, tribal organizations or nonprofit, 
nongovernmental domestic violence and sexual assault victim services 
programs on Indian reservations, for the purposes outlined in section 
1701(b), and to reduce the rate of violent crimes against women in 
Indian country.
    ``(b) Amounts.--From amounts appropriated, the amount of grants 
under subsection (a) shall be awarded on a competitive basis to tribes, 
with minimum grants of $35,000 and maximum grants of $300,000.
    ``(c) Qualification.--Upon satisfying the terms of subsection (d), 
any tribe shall be qualified for funds provided under this part upon 
certification that the funds shall be used to reduce the rate of 
violent crimes against women and for the purposes outlined in section 
1701(b).
    ``(d) Application Requirements.--
            ``(1) In general.--Applications shall be made directly to 
        the Director and shall contain a description of the tribes' law 
        enforcement responsibilities for the Indian country described 
        in the application and a description of the tribes' system of 
        courts, including whether the tribal government operates courts 
        of Indian offenses as defined in section 201 of title II of 
        Public Law 90-284 (25 U.S.C. 1301) or Code of Federal 
        Regulation courts under 25 CFR 11 et seq.
            ``(2) Content.--Applications shall be in such form as the 
        Director may reasonably require and shall specify the nature of 
        the program proposed by the applicant tribe, the data and 
        information on which the program is based, and the plans to use 
        or incorporate existing domestic violence and sexual assault 
        services available in the Indian country where the grant will 
        be used.
            ``(3) Term of grant.--The term of any grant shall be for a 
        period of not less than 3 years.
    ``(e) Grantee Reporting.--At the end of the first 12 months of the 
grant period and at the end of each subsequent year, the Indian tribe 
grantee shall file a performance report with the Director explaining 
the activities carried out together with an assessment of the 
effectiveness of such activities in achieving the purposes of this 
part. The Director shall not disperse additional funds if an applicant 
fails to submit an annual performance report.
    ``(f) Definitions.--For purposes of this section--
            ``(1) the term `Indian tribe' means any Indian tribe, band, 
        nation, or other organized group or community, including any 
        Alaska Native village or regional or village corporation (as 
        defined in, or established pursuant to, the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1601, et seq.)), which is 
        recognized as eligible for the special services provided by the 
        United States to Indians because of their status as Indians; 
        and
            ``(2) the term `Indian country' has the meaning given to 
        such term by section 1151 of title 18, United States Code.

``SEC. 1704. GENERAL DEFINITIONS.

    ``For purposes of this part--
            ``(1) the term `domestic violence' means crimes of violence 
        committed by a current or former spouse of the victim, an 
        individual with whom the victim shares a child in common, an 
        individual who is cohabiting with or has cohabited with the 
        victim as a spouse, an individual similarly situated to a 
        spouse, or any other individual who is protected under domestic 
        or family violence laws of the jurisdiction that receives a 
        grant under this part;
            ``(2) the term `sexual assault' includes assaults committed 
        by offenders who are strangers to the victim and assaults 
        committed by offenders who are known or related by blood or 
        marriage to the victim; and
            ``(3) the term `victim services program' means any public 
        or private, nonsectarian, nonprofit program that assists 
        domestic violence or sexual assault victims, including 
        nongovernmental nonprofit organizations such as rape crisis 
        centers, battered women's shelters, and other sexual assault 
        and domestic violence programs, including nonprofit 
        nongovernmental organizations assisting domestic violence and 
        sexual assault victims through the legal process.

``SEC. 1705. GENERAL TERMS AND CONDITIONS.

    ``(a) Nonmonetary Assistance.--In addition to the assistance 
provided under sections 1702 and 1703, the Director may request any 
Federal agency, with or without reimbursement, to use its authorities 
and the resources granted to it under Federal law (including personnel, 
equipment, supplies, facilities, and managerial, technical, and 
advisory services) to support State and local assistance efforts under 
this part.
    ``(b) Bureau Reporting.--Not later than 180 days after the end of 
each fiscal year for which grants are made under this part, the 
Director shall submit to the Congress a report that includes, for each 
State and Indian tribe--
            ``(1) the amount of grants made under this part;
            ``(2) a summary of the purposes for which grants were 
        provided and an evaluation of progress; and
            ``(3) a copy of each grantee report filed pursuant to 
        sections 1702(f) and 1703(e).
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 1994 and 1995, $190,000,000 
to carry out the purposes of section 1702 and $10,000,000 to carry out 
the purposes of section 1703.''.
    (b) Conforming Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended by striking the matter relating to part Q and 
inserting 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 grants to tribes.
``Sec. 1704. General definitions.
``Sec. 1705. General terms and conditions.
             ``Part R--Transition; Effective Date; Repealer

``Sec. 1801. Continuation of rules, authorities, and proceedings''.

SEC. 112. RAPE EXAM PAYMENTS.

    (a) Restriction of Funds.--No State is entitled to funds under 
title I of the Violence Against Women Act of 1993 unless the State or 
other grantee incurs the full cost of forensic medical exams for 
victims of sexual assault when such exams are required under section 
112 of such title.
    (b) Medical Costs.--A State shall be deemed to incur the full 
medical cost of forensic medical exams for victims of sexual assault if 
such State--
            (1) provides such exams to victims free of charge to the 
        victim;
            (2) arranges for victims to obtain such exams free of 
        charge to the victim; or
            (3) reimburses victims for the cost of such exams, if--
                    (A) the reimbursement covers the full cost of such 
                exams, without any deductible requirement or limit on 
                the amount of a reimbursement;
                    (B) the State permits victims to apply for 
                reimbursement for at least one year from the date of 
                the exam;
                    (C) the State provides reimbursement not later than 
                90 days after written notification of the victim's 
                expense; and
                    (D) the State provides information at the time of 
                the exam to all victims, including victims with limited 
                or no English proficiency, regarding how to obtain 
                reimbursement.

                  Subtitle B--Rape Prevention Programs

                   CHAPTER 1--RAPE PREVENTION GRANTS

SEC. 121. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS 
              AGAINST WOMEN.

    The Director of the Bureau of Justice Assistance (referred to in 
this subtitle as the ``Director'') is authorized to make grants--
            (1) to provide educational seminars, particularly developed 
        with emphasis on seminars for elementary and secondary school 
        age children, designed to change attitudes regarding rape and 
        develop an awareness of what acts may meet the legal definition 
        of rape;
            (2) to provide programs for elementary and secondary school 
        age children that teach nonviolent conflict resolution, self 
        defense or other relevant skills;
            (3) to operate telephone hotlines for callers with 
        questions regarding sexual assault and rape;
            (4) to design and disseminate training programs for 
        professionals, including the development and dissemination of 
        protocols for the routine identification, treatment, and 
        appropriate referral of victims of sexual assault by hospital 
        emergency personnel and other professionals;
            (5) develop treatment programs for convicted sex offenders 
        and make such programs available in the local community and in 
        Federal and State prisons.
            (6) prepare and disseminate informational materials 
        designed to educate the community regarding sexual assault and 
        prevention; and
            (7) to develop other projects to increase awareness and 
        prevention of sexual assault, including efforts to increase 
        awareness of sexual assault prevention among racial, ethnic, 
        cultural and language minorities.

SEC. 122. APPLICATIONS.

    (a) In General.--To be eligible to receive a grant under this 
subtitle, a duly authorized representative of an eligible entity shall 
submit an application to the Director in such form and containing such 
information as the Director may reasonably require.
    (b) Assurances.--Each application must contain an assurance that 
Federal funds received under this subtitle shall be used to supplement, 
not supplant, non-Federal funds that would otherwise be available for 
activities funded under this subtitle.
    (c) Required Plan.--Each application shall include a plan that 
contains--
            (1) a description of the projects to be developed;
            (2) a description of how funds would be spent;
            (3) a statement of staff qualifications and demonstrated 
        expertise in the field of rape prevention and education; and
            (4) a statement regarding the ability to serve community 
        needs and language minority populations in providing ethnically 
        and culturally appropriate programs where necessary.

SEC. 123. REPORTS.

    (a) Grantee Reporting.--Upon completion of the grant period under 
this part, each grantee shall file a performance report with the 
Director explaining the activities carried out together with an 
assessment of the effectiveness of such activities in achieving the 
purposes of this part. The Director shall suspend funding for an 
approved application if an applicant fails to submit an annual 
performance report.
    (b) Bureau Reporting.--Not later than 180 days after the end of 
each fiscal year for which grants are made under this part, the 
Director shall submit to the Congress a report that includes, for each 
grantee--
            (1) the amount of grants made under this part;
            (2) a summary of the purposes for which grants were 
        provided and an evaluation of progress; and
            (3) a copy of each grantee report filed pursuant to 
        subsection (a).

SEC. 124. DEFINITIONS.

    For purposes of this subtitle:
            (1) the term ``eligible entity'' means a non-profit, 
        nongovernmental organization that directly serves or provides 
        advocacy on behalf of victims of rape or sexual assault.
            (2) the term ``sexual assault prevention and education'' 
        means education and prevention efforts directed at reducing the 
        number of sexual assaults.

SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the purposes 
of this subtitle, $60,000,000 for fiscal year 1994, $75,000,000 for 
fiscal year 1995, and $100,000,000 for fiscal year 1996.

                              CHAPTER 2--

               OFFENDER TRAINING AND INFORMATION PROGRAMS

SEC. 126. NATIONAL INSTITUTE OF JUSTICE TRAINING PROGRAMS.

    (a) In General.--The National Institute of Justice, after 
consultation with victim advocates and individuals who have expertise 
in treating sex offenders, shall establish criteria and develop 
training programs to assist probation and parole officer and other 
personnel who work with released sex offenders in the areas of--
            (1) case management;
            (2) supervision; and
            (3) relapse prevention.
    (b) Training Programs.--The Director of the National Institute of 
Justice shall attempt, to the extent practicable, to make training 
programs developed under subsection (a) available in geographically 
diverse locations throughout the country.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $1,000,000 for each of the fiscal years 1994 and 1995 to 
carry out the provisions of this section.

SEC. 127. INFORMATION PROGRAMS.

    The Attorney General shall compile information regarding sex 
offender treatment programs and ensure that information regarding 
community treatment programs in the community into which a convicted 
sex offender is released is made available to--
            (1) each person serving a sentence of imprisonment in a 
        penal or correctional institution for a commission of an 
        offense under chapter 109A of title 18 of the United States 
        Code or for the commission of a similar offense; and
            (2) each person serving a sentence of imprisonment in an 
        institution other than a penal or correctional institution for 
        a commission of an offense under chapter 109A of title 18 of 
        the United States Code or for the commission for a similar 
        offense.

                    Subtitle C--Victim Compensation

SEC. 131. VICTIM COMPENSATION.

    (A) In General.--Chapter 109A of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2248. Mandatory restitution for sex offenses
    ``(a) In General.--Notwithstanding the terms of section 3663, and 
in addition to any other civil or criminal penalty authorized by law, 
the court shall order restitution for any offense under this chapter.
    ``(b) Scope and Nature of Order.--
            ``(1) In general.--The order of restitution under this 
        section shall direct that--
                    ``(A) the defendant pay to the victim the full 
                amount of the victim's losses as determined by the 
                court, pursuant to paragraph (3); and
                    ``(B) the United States Attorney enforce the 
                restitution order by all available and reasonable 
                means.
            ``(2) Definitions.--As used in this subsection, the term 
        `full amount of the victim's losses' includes any costs 
        incurred by the victim for--
                    ``(A) medical services relating to physical, 
                psychiatric, or psychological care;
                    ``(B) physical and occupational therapy or 
                rehabilitation;
                    ``(C) lost income; and
                    ``(D) any other losses suffered by the victim as a 
                proximate result of the offense.
            ``(3) Mandatory nature of order.--Restitution orders under 
        this section are mandatory. A court may not decline to issue an 
        order under this section because of--
                    ``(A) the economic circumstances of the defendant; 
                or
                    ``(B) the fact that a victim has, or is entitled 
                to, receive compensation for his or her injuries from 
                the proceeds of insurance or any other source.
            ``(4) Consideration of economic circumstances.--
                    ``(A) In general.--Notwithstanding the terms of 
                paragraph (3), the court may take into account the 
                economic circumstances of the defendant in determining 
                the manner in which and the schedule according to which 
                the restitution is to be paid.
                    ``(B) Definition.--For purposes of this paragraph, 
                the term `economic circumstances' includes--
                            ``(i) the financial resources and other 
                        assets of the defendant;
                            ``(ii) projected earnings, earning 
                        capacity, and other income of the defendant; 
                        and
                            ``(iii) any financial obligations of the 
                        defendant, including obligations to dependents.
                    ``(C) Lump-sum or partial payment.--An order under 
                this section may direct the defendant to make a single 
                lump-sum payment or partial payments at specified 
                intervals. The order shall also provide that the 
                defendant's restitutionary obligation takes priority 
                over any criminal fine ordered.
                    ``(D) Payment to other provider of compensation.--
                In the event that the victim has recovered for any 
                amount of loss through the proceeds of insurance or any 
                other source, the order of restitution shall provide 
                that restitution be paid to the person who provided the 
                compensation, but that restitution shall be paid to the 
                victim before any restitution is paid to any other 
                provider of compensation.
            ``(5) Setoff.-- Any amount paid to a victim under this 
        section shall be set off against any amount later recovered as 
        compensatory damages by the victim from the defendant in--
                    ``(A) any Federal civil proceeding; and
                    ``(B) any State civil proceeding, to the extent 
                provided by the law of the State.
    ``(c) Proof of Claim.--
            ``(1) In general.--Within 60 days after conviction and, in 
        any event, no later than 10 days prior to sentencing, the 
        United States Attorney (or his delegee), after consulting with 
        the victim, shall prepare and file an affidavit with the court 
        listing the amounts subject to restitution under this section. 
        The affidavit shall be signed by the United States Attorney (or 
        his delegee) and the victim. Should the victim object to any of 
        the information included in the affidavit, the United States 
        Attorney (or his delegee) shall advise the victim that the 
        victim may file a separate affidavit.
            ``(2) Objections.--If no objection is raised by the 
        defendant, the amounts attested to in the affidavit filed 
        pursuant to subsection (1) shall be entered in the court's 
        restitution order. If objection is raised, the court may 
        require the victim or the United States Attorney (or his 
        delegee) to submit further affidavits or other supporting 
        documents, demonstrating the victim's losses.
            ``(3) Additional documentation and testimony.--If the court 
        concludes, after reviewing the supporting documentation and 
        considering the defendant's objections, that there is a 
        substantial reason for doubting the authenticity or veracity of 
        the records submitted, the court may require additional 
        documentation or hear testimony on those questions. Any records 
        filed, or testimony heard, pursuant to this section, shall be 
        in the judge's chambers.
          ``(4) Final determination of losses.--In the event that the 
        victim's losses are not ascertainable 10 days prior to 
        sentencing as provided in subsection (c)(1), the United States 
        Attorney (or his delegee) shall so inform the court, and the 
        court shall set a date for the final determination of the 
        victim's losses, not to exceed 90 days after sentencing. If the 
        victim subsequently discovers further losses, the victim shall 
        have 60 days after discovery of those losses in which to 
        petition the court for an amended restitution order. Such order 
        may be granted only upon a showing of good cause for the 
        failure to include such losses in the initial claim for 
        restitutionary relief.
    ``(d) Definition.--For purposes of this section, the term `victim' 
includes any person who has suffered direct physical harm as a result 
of a commission of a crime under this chapter, including, in the case 
of a victim who is under 18 years of age, incompetent, incapacitated, 
or deceased, the legal guardian of the victim or representative of the 
victim's estate, another family member, or any other person appointed 
as suitable by the court, except that in no event shall the defendant 
be named as such representative or guardian.''.
    (b) Table of Sections.--The table of sections for chapter 109A of 
title 18, United States Code, is amended by adding at the end the 
following:

``2248. Mandatory restitution for sex offenses.''.

       Subtitle D--National Board on Violent Crime Against Women

SEC. 141. ESTABLISHMENT.

    There is established an advisory board to be known as the 
Interagency Advisory Board on Violent Crime Against Women (in this Act 
referred to as the ``Board'').

SEC. 142. DUTIES OF BOARD.

    (a) General Purpose of the Board.--The Board shall assess and 
review policies and practices of the Federal Government regarding 
violence against women and make recommendations regarding such policies 
and practices.
    (b) Functions.--The Board shall perform the following functions--
            (1) review and evaluate the programs and policies developed 
        by Federal agencies for the prevention of crimes against women 
        and assistance to women who are victims of sexual assault and 
        domestic violence, including programs and policies at the 
        Departments of Justice, Health and Human Services, Housing and 
        Urban Development, and Education;
            (2) evaluate the adequacy of, and make recommendations 
        regarding, the role of the Federal Government in assisting 
        States in addressing violence against women;
            (3) review research regarding violence against women and 
        recommend additional topics for research;
            (4) evaluate the adequacy of, and make recommendations 
        regarding, data collection and government statistics on the 
        incidence and prevalence of violent crimes against women;
            (5) promote coordination between Federal agencies charged 
        with addressing violence against women; and
            (6) assess on an annual basis the progress made by the 
        Federal Government to improve programs designed to prevent 
        violence against women or assist women who are victims of 
        violent crime.

SEC. 143. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) Appointment.--Not later than 90 days after the 
        enactment of this Act, and after consultation with the 
        Secretaries of the Departments of Health and Human Services, 
        Housing and Urban Development, and Education (referred to in 
        this subtitle as the ``Secretaries''), the Attorney General 
        shall appoint a Board composed of 13 members as follows:
                    (A) 5 members who shall have expertise in providing 
                services to victims of domestic violence or sexual 
                assault--
                            (i) two of whom shall have expertise in the 
                        area of domestic violence;
                            (ii) two of whom shall have expertise in 
                        the area of sexual assault; and
                            (iii) one of whom shall have expertise in 
                        the area of counseling (drawn from social 
                        workers, psychologists or professional 
                        counselors;
                    (B) 4 members with expertise in law enforcement or 
                judicial administration, including a representative 
                member from one of each of the following groups--
                            (i) police;
                            (ii) prosecutors;
                            (iii) judges; and
                            (iv) victims civil legal advocates;
                    (C) one member with expertise in corrections;
                    (D) one member representing medical service 
                providers;
                    (E) one member representing State governments; and
                    (F) one member representing local governments.
            (2) Representation.--The Attorney General shall select 
        members who are specially qualified to serve on the Board based 
        on their level of expertise in national or State efforts to 
        combat violence against women or who have experience in 
        national or State advocacy service organizations that 
        specialize in sexual assault or domestic violence.
            (3) Ex officio members.--Representatives from the following 
        positions shall be appointed to serve as ex officio members:
                    (A) Representatives from the Department of 
                Justice--
                            (i) Assistant Attorney General for the 
                        Office of Justice Programs;
                            (ii) Director of the Bureau of Justice 
                        Assistance;
                            (iii) Director of the Bureau of Justice 
                        Statistics;
                            (iv) Director of the National Institute of 
                        Justice; and
                            (v) Director of the Office of Victims of 
                        Crime.
                    (B) Representatives from the Department of Health 
                and Human Services--
                            (i) Assistant Secretary for Health;
                            (ii) Deputy Assistant Secretary for Health 
                        (Disease Prevention and Health Promotion);
                            (iii) Administrator of Health Resources and 
                        Services Administration;
                            (iv) Director for the Centers for Disease 
                        Control;
                            (v) Assistant Secretary for Human 
                        Development Services; and
                            (vi) Commissioner of the Administration for 
                        Children, Youth, and Families.
                    (C) Representatives from the Department of Housing 
                and Human Development--
                            (i) Assistant Secretary for Housing;
                            (ii) Assistant Secretary for Community 
                        Planning and Development; and
                            (iii) Assistant Secretary for Policy 
                        Development and Research.
                    (D) Representatives from the Department of 
                Education--
                            (i) Assistant Secretary for Post-secondary 
                        Education; and
                            (ii) Assistant Secretary for Elementary and 
                        Secondary Education.
                    (E) Additional Representatives--The Attorney 
                General shall appoint additional officers or employees 
                of the United States as deemed necessary.
            (4) Subcommittees.--The Board may establish subcommittees 
        composed of Board members with expertise in a particular area, 
        but if established, shall include representation from a 
        representative of services for victims.
            (5) Term of members.--Members of the Board shall serve for 
        the life of the Board.
            (6) Vacancy.--A vacancy on the Board shall be filled in the 
        manner in which the original appointment was made.
      (b) Chairperson.--Not later than 15 days after the members of the 
Board are appointed, such members shall select a Chairperson from among 
the members of the Board.
    (c) Quorum.--7 members of the Board shall constitute a quorum, but 
a lesser number may be authorized by the Board to conduct hearings.
    (d) Meetings.--The Board shall hold its first meeting on a date 
specified by the Chairperson, but such date shall not be later than 60 
days after the date of the enactment of this Act. After the initial 
meeting, the Board shall meet at the call of the Chairperson, at the 
request of the Attorney General or the Secretaries, or a majority of 
its members, but shall meet not less than twice each year.
    (e) Pay.--Members of the Board who are officers or employees or 
elected officials of the Federal Government shall receive no additional 
compensation by reason of their service on the Board.
    (f) Per Diem.--Except as provided in subsection (e), while away 
from their homes or regular places of business in the performance of 
duties for the Board, members of the Board shall be allowed travel 
expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under sections 5702 and 5703 of 
title 5, United States Code.

SEC. 144. REPORTS.

    (a) Report to Attorney General.--Not later than 1 year after the 
date on which the Board is fully constituted under section 143 and each 
subsequent year, the Board shall prepare and submit a report to the 
Attorney General and the Secretaries which includes the following:
            (1) Activities.--A description of the activities during 
        such year.
            (2) Evaluation.--A description and evaluation of the 
        programs and practices of the Federal Government regarding 
        violence against women.
            (3) Improvement.--An evaluation of the progress made by the 
        Federal Government to improve programs and practices regarding 
        violence against women.
            (4) Recommendations.--Recommendations by the Board for 
        improvement in programs and practices by the Federal Government 
        regarding violence against women and the coordination between 
        Federal agencies responsible for providing programs to address 
        violence against women.
    (b) Report to Congress.--The Attorney General shall submit a report 
each year to the appropriate committees of the House of Representatives 
and the Senate regarding the findings and recommendations of the Board.

SEC. 145. EXECUTIVE DIRECTOR AND STAFF.

    (a) Executive Director.--
            (1) Appointment.--The Board shall have an Executive 
        Director who shall be appointed by the Chairperson, with the 
        approval of the Board, not later than 60 days after the 
        Chairperson is selected.
            (2) Compensation.--The Executive Director shall be 
        compensated at a rate not to exceed the maximum rate of the 
        basic pay payable under GS-15 of the General Schedule as 
        contained in title 5, United States Code.
    (b) Staff.--With the approval of the Board, the Executive Director 
may appoint and fix the compensation of such additional personnel as 
the Executive Director considers necessary to carry out the duties of 
the Board.
    (c) Applicability of Civil Service Laws.--The Executive Director 
and the additional personnel of the Board appointed under subsection 
(b) may be appointed without regard to the provisions of title 5, 
United States Code, governing appointments in the competitive service, 
and may be paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates.
    (d) Consultants.--Subject to such rules as may be prescribed by the 
Board, the Executive Director may procure temporary or intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals not to exceed $200 per day.

SEC. 146. POWERS OF BOARD.

    (a) Hearings.--For the purpose of carrying out this subtitle, the 
Board may conduct such hearings, set and act at such times and places, 
take such testimony, and receive such evidence, as the Board considers 
appropriate. The Board may administer oaths before the Board.
    (b) Delegation.--Any member or employee of the Board may, if 
authorized by the Board, take any action that the Board is authorized 
to take under this subtitle.
    (c) Access to Information.--The Board may secure directly from any 
executive department or agency such information as may be necessary to 
enable the Board to carry out this subtitle, except to the extent that 
the department or agency is expressly prohibited by law from furnishing 
such information. On the request of the Chairperson of the Board, the 
head of such a department or agency shall furnish nonprohibited 
information to the Board.
    (d) Mails.--The Board may use the United States mails in the same 
manner and under the same conditions as other departments and agencies 
of the United States.

SEC. 147. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for fiscal year 1994, 
$500,000 to carry out the purposes of this subtitle.

SEC. 148. TERMINATION.

    The Board shall remain in existence until the Attorney General and 
the Secretaries agree to terminate the Board.

                  Subtitle E--Safe Campuses for Women

SEC. 151. CAMPUS SEXUAL ASSAULT STUDY.

    (a) Study.--The Attorney General shall provide for a national 
baseline study to examine the scope of the problem of campus sexual 
assaults and the effectiveness of institutional and legal policies in 
addressing such crimes and protecting victims. The Attorney General may 
utilize the Bureau of Justice Statistics, the National Institute of 
Justice, and the Office for Victims of Crime in carrying out this 
section.
    (b) Report.--Based on the study required by subsection (a), the 
Attorney General shall prepare a report including an analysis of--
            (1) the number of reported allegations and estimated number 
        of unreported allegations of campus sexual assaults, and to 
        whom the allegations are reported (including authorities of the 
        educational institution, sexual assault victim service 
        entities, and local criminal authorities);
            (2) the number of campus sexual assault allegations 
        reported to authorities of educational institutions which are 
        reported to criminal authorities;
            (3) the number of campus sexual assault allegations that 
        result in criminal prosecution in comparison with the number of 
        noncampus sexual assault allegations that result in criminal 
        prosecution;
            (4) Federal and State laws or regulations pertaining 
        specifically to campus sexual assaults;
            (5) the adequacy of policies and practices of educational 
        institutions in addressing campus sexual assaults and 
        protecting victims, including consideration of--
                    (A) the security measures in effect at educational 
                institutions, such as utilization of campus police and 
                security guards, control over access to grounds and 
                buildings, supervision of student activities and 
                student living arrangements, control over the 
                consumption of alcohol by students, lighting, and the 
                availability of escort services;
                    (B) the articulation and communication to students 
                of the institution's policies concerning sexual 
                assaults;
                    (C) policies and practices that may prevent or 
                discourage the reporting of campus sexual assaults to 
                local criminal authorities, or that may otherwise 
                obstruct justice or interfere with the prosecution of 
                perpetrators of campus sexual assaults;
                    (D) the nature and availability of victim services 
                for victims of campus sexual assaults;
                    (E) the ability of educational institutions' 
                disciplinary processes to address allegations of sexual 
                assault adequately and fairly;
                    (F) measures that are taken to ensure that victims 
                are free of unwanted contact with alleged assailants, 
                and disciplinary sanctions that are imposed when a 
                sexual assault is determined to have occurred; and
                    (G) the grounds on which educational institutions 
                are subject to lawsuits based on campus sexual 
                assaults, the resolution of these cases, and measures 
                that can be taken to avoid the likelihood of lawsuits 
                and civil liability;
            (6) an assessment of the policies and practices of 
        educational institutions that are of greatest effectiveness in 
        addressing campus sexual assaults and protecting victims, 
        including policies and practices relating to the particular 
        issues described in paragraph (5); and
            (7) any recommendations the Attorney General may have for 
        reforms to address campus sexual assaults and protect victims 
        more effectively, and any other matters that the Attorney 
        General deems relevant to the subject of the study and report 
        required by this section.
    (c) Submission of Report.--The report required by subsection (b) 
shall be submitted to the Congress no later than September 1, 1995.
    (d) Definition.--For purposes of this section, ``campus sexual 
assaults'' includes sexual assaults occurring at institutions of 
postsecondary education and sexual assaults committed against or by 
students or employees of such institutions.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $200,000 to carry out the study required by this section.

                     TITLE II--SAFE HOMES FOR WOMEN

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Safe Homes for Women Act''.

                   Subtitle A--Interstate Enforcement

SEC. 211 INTERSTATE ENFORCEMENT.

    (a) In General.--Part 1 of title 18, United States Code, is amended 
by inserting after chapter 110 the following new chapter:
    ``Chapter 110A--Domestic violence and stalking

``Sec. 2261. Interstate domestic violence.
``Sec. 2262. Violation of protection order.
``Sec. 2263. Interim protections.
``Sec. 2264. Restitution.
``Sec. 2265. Full faith and credit given to protection orders.
``Sec. 2266. Definitions for chapter.
``Sec. 2261. Interstate domestic violence
    ``(a) Whoever travels across a State line with the intent to 
contact that person's spouse or intimate partner, and in the course of 
that contact intentionally commits a crime of violence and thereby 
causes bodily injury to such spouse or intimate partner, shall be 
punished as provided in subsection (b) of this section.
    ``(b) The punishment for a violation of subsection (a) of this 
section is a fine under this title, or imprisonment--
            ``(1) for life or any term of years, if the offender 
        murders the victim;
            ``(2) for not more than 20 years, if the offender causes 
        serious bodily injury to the victim;
            ``(3) for not more than 10 years, if the offender uses a 
        dangerous weapon during the offense;
            ``(4) for not more than 5 years, in any other case;
or both such fine and imprisonment; and
            ``(5) if the offense constitutes sexual abuse, as that 
        conduct is described under chapter 109A (without regard to 
        whether the offense was committed in the maritime, territorial 
        or prison jurisdiction of the United States) by fine or term of 
        imprisonment as provided for the applicable conduct under 
        chapter 109A.
``Sec. 2262. Violation of protection order
    ``(a) Whoever travels across a State line with the intent to engage 
in conduct that--
            ``(1) violates a protection order; or
            ``(2) would violate such order if the conduct occurred in 
        the jurisdiction in which such order was issued;
and does engage in such conduct shall be punished as provided in 
subsection (b) of this section.
    ``(b) The punishment for a violation of subsection (a) of this 
section is a fine under this title, or imprisonment for not less than 3 
months and not more than 3 years, or both. Any term or imprisonment 
imposed under this section shall be consecutive to any term imposed 
under section 2261 with respect to the same criminal episode.
``Sec. 2263. Pretrial release of defendant
    ``In any proceeding pursuant to section 3142 of this title for the 
purpose of determining whether a defendant charged under this section 
shall be released pending trial, or for the purpose of determining 
conditions of such release, the alleged victim shall be given an 
opportunity to be heard regarding the danger posed by the defendant.
``Sec. 2264. Restitution
    ``(a) In General.--In addition to any fine or term of imprisonment 
provided under this chapter, and notwithstanding the terms of section 
3663 of this title, the court shall order restitution to the victim of 
an offense under this chapter.
    ``(b) Scope and Nature of Order.--
            ``(1) In general.--The order of restitution under this 
        section shall direct that--
                    ``(A) the defendant pay to the victim the full 
                amount of the victim's losses as determined by the 
                court, pursuant to paragraph (3); and
                    ``(B) the United States Attorney enforce the 
                restitution order by all available and reasonable 
                means.
            ``(2) Definition.--As used in this subsection, the term 
        `full amount of the victim's losses' includes any costs 
        incurred by the victim for--
                    ``(A) medical services relating to physical, 
                psychiatric, or psychological care;
                    ``(B) physical and occupational therapy or 
                rehabilitation;
                    ``(C) lost income;
                    ``(D) attorneys' fees, plus any costs incurred in 
                obtaining a civil protection order;
                    ``(E) temporary housing;
                    ``(F) transportation;
                    ``(H) necessary child care;
                    ``(I) language translation services; and
                    ``(J) any other losses suffered by the victim as a 
                proximate result of the offense.
            ``(3) Mandatory nature of order.--Restitution orders under 
        this section are mandatory. A court may not decline to issue an 
        order under this section because of--
                    ``(A) the economic circumstances of the defendant; 
                or
                    ``(B) the fact that victim has, or is entitled to 
                receive compensation for his or her injuries from the 
                proceeds of insurance.
            ``(4) Consideration of economic circumstances.--
                    ``(A) In general.--Notwithstanding the terms of 
                paragraph (3), the court may take into account the 
                economic circumstances of the defendant in determining 
                the manner in which and the schedule according to which 
                the restitution is to be paid, including--
                            ``(i) the financial resources and other 
                        assets of the defendant;
                            ``(ii) projected earnings, earning 
                        capacity, and other income of the defendant; 
                        and
                            ``(iii) any financial obligations of the 
                        offender, including obligations to dependents.
                    ``(B) Lump-sum or partial payment.--An order under 
                this section may direct the defendant to make a single 
                lump-sum payment, or partial payments at specified 
                intervals. The order shall provide that the defendant's 
                restitutionary obligation takes priority over any 
                criminal fine ordered.
                    ``(C) Payment to other provider of compensation.--
                In the event that the victim has recovered for any 
                amount of loss through the proceeds of insurance or any 
                other source, the order of restitution shall provide 
                that restitution be paid to the person who provided the 
                compensation, but that restitution shall be paid to the 
                victim before any restitution is paid to any other 
                provider of compensation.
            ``(5) Setoff.--Any amount paid to a victim under this 
        section shall be setoff against any amount later recovered as 
        compensatory damages by the victim from the defendant in--
                    ``(A) any Federal civil proceeding; and
                    ``(B) any State civil proceeding, to the extent 
                provided by the law of the State.
    ``(c) Proof of Claim.--
            ``(1) In general.--Within 60 days after conviction and, in 
        any event, no later than 10 days before sentencing, the United 
        States Attorney (or such Attorney's delegee), after consulting 
        with the victim, shall prepare and file an affidavit with the 
        court listing the amounts subject to restitution under this 
        section. The affidavit shall be signed by the United States 
        Attorney (or the delegee) and the victim. Should the victim 
        object to any of the information included in the affidavit, the 
        United States Attorney (or the delegee) shall advise the victim 
        that the victim may file a separate affidavit and assist the 
        victim in the preparation of that affidavit.
            ``(2) Objections.--If no objection is raised by the 
        defendant, the amounts attested to in the affidavit filed 
        pursuant to subsection (1) shall be entered in the court's 
        restitution order. If objection is raised, the court may 
        require the victim or the United States Attorney (or such 
        Attorney's delegee) to submit further affidavits or other 
        supporting documents, demonstrating the victim's losses.
            ``(3) Additional documentation or testimony.--If the court 
        concludes, after reviewing the supporting documentation and 
        considering the defendant's objections, that there is a 
        substantial reason for doubting the authenticity or veracity of 
        the records submitted, the court may require additional 
        documentation or hear testimony on those questions. Any records 
        filed, or testimony heard, pursuant to this section, shall be 
        in camera in the judge's chambers.
            ``(4) Final determination of losses.--In the event that the 
        victim's losses are not ascertainable 10 days before sentencing 
        as provided in subsection (c)(1), the United States Attorney 
        (or such Attorney's delegee) shall so inform the court, and the 
        court shall set a date for the final determination of the 
        victims's losses, not to exceed 90 days after sentencing. If 
        the victim subsequently discovers further losses, the victim 
        shall have 90 days after discovery of those losses in which to 
        petition the court for an amended restitution order. Such order 
        may be granted only upon a showing of good cause for the 
        failure to include such losses in the initial claim for 
        restitutionary relief.
    ``(d) Restitution and Criminal Penalties.--An award of restitution 
to the victim of an offense under this chapter shall not be a 
substitute for imposition of punishment under sections 2261.
    ``(e) Definitions.--As used in this section, the term `victim' 
includes any person who has suffered direct physical, emotional, or 
pecuniary harm as a result of a commission of a crime under this 
chapter, including, in the case of a victim who is under 18 years of 
age, incompetent, incapacitated, or deceased, the legal guardian of the 
victim or representative of the victim's estate, another family member, 
or any other person appointed as suitable by the court, except that in 
no event shall the defendant be named as such representative or 
guardian.
``Sec. 2265. Full faith and credit given to protection orders
    ``(a) Full Faith and Credit.--Any protection order issued 
consistent with the terms of subsection (b) by the court of one State 
(the issuing State) shall be accorded full faith and credit by the 
court of another State (the enforcing State) and enforced as if it were 
the order of the enforcing State.
    ``(b) Protection Order.--A protection order issued by a State court 
is consistent with the provisions of this section if--
            ``(1) such court has jurisdiction over the parties and 
        matter under the law of such State; and
            ``(2) reasonable notice and opportunity to be heard is 
        given to the person against whom the order is sought sufficient 
        to protect that person's right to due process. In the case of 
        ex parte orders, notice and opportunity to be heard must be 
        provided within the time required by State law, and in any 
        event within a reasonable time after the order is issued, 
        sufficient to protect the respondent's due process rights.
    ``(c) Cross or Counter Petition.--A protection order issued by a 
State court against one who has petitioned, filed a complaint, or 
otherwise filed a written pleading for protection against abuse by a 
spouse or intimate partner is not entitled to full faith and credit 
if--
            ``(1) no cross or counter petition, complaint, or other 
        written pleading was filed seeking such a protection order; or
            ``(2) a cross or counter petition has been filed and the 
        court did not make specific findings that each party was 
        entitled to such an order.
``Sec. 2266. Definitions for chapter
    ``As used in this chapter--
            ``(1) the term `spouse or intimate partner' includes--
                    ``(A) a spouse, a former spouse, a person who 
                shares a child in common with the abuser, a person who 
                cohabits or has cohabited with the abuser as a spouse, 
                and any other person similarly submitted to a spouse; 
                and
                    ``(B) any other person, other than a minor child, 
                who is protected by the domestic or family violence 
                laws of the State in which the injury occurred or where 
                the victim resides;
            ``(2) the term `protection order' includes any injunction 
        or other order issued for the purpose of preventing violent or 
        threatening acts by one spouse against his or her spouse, 
        former spouse, or intimate partner, including temporary and 
        final orders issued by civil and criminal courts (other than 
        support or child custody orders) whether obtained by filing an 
        independent action or as a pendente lite order in another 
        proceeding so long as any civil order was issued in response to 
        a complaint, petition or motion filed by or on behalf of an 
        abused spouse or intimate partner;
            ``(3) the term `State' includes a State of the United 
        States, the District of Columbia, and any Indian tribe, 
        commonwealth, territory, or possession of the United States; 
        and
            ``(4) the term `travel across State lines' does not include 
        travel across State lines by an individual who is a member of 
        an Indian tribe when such individual remains at all times in 
        the territory of the Indian tribe of which the individual is a 
        member.''.
    (b) Table of Chapters.--The table of chapters at the beginning part 
1 of title 18, United States Code, is amended by inserting after the 
item for chapter 110 the following:

``110A. Violence against spouses............................   2261.''.

             Subtitle B--Arrest in Domestic Violence Cases

SEC. 221. ENCOURAGING ARREST POLICES.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by--
            (1) redesignating part R as part S;
            (2) redesignating section 1801 as section 1901; and
            (3) adding after part Q the following new part:

             ``PART R--GRANTS TO ENCOURAGE ARREST POLICIES

``SEC. 1801. ARREST POLICIES.

    ``(a) General Program Purpose.--The purpose of this part is to 
encourage States, Indian tribes, cities, and other localities to treat 
domestic violence as a serious violation of criminal law. The Director 
of the Bureau of Justice Assistance may make grants to eligible States, 
Indian tribes, municipalities, or local government entities for the 
following:
            ``(1) to implement mandatory arrest or pro-arrest programs, 
        including mandatory arrest programs for protective order 
        violations;
            ``(2) to develop policies, and training in police 
        departments to improve tracking of cases involving domestic 
        violence;
            ``(3) to centralize and coordinate police enforcement, 
        prosecution, or judicial responsibility for domestic violence 
        cases in groups or units of police officers, prosecutors, or 
        judges;
            ``(4) to strengthen legal advocacy service programs for 
        victims of domestic violence; and
            ``(5) to educate judges in criminal and other courts about 
        domestic violence and to improve judicial handling of such 
        cases.
    ``(b) Eligibility.--Eligible grantees are States, Indian tribes, or 
units of local government that--
            ``(1) certify that their laws or official policies--
                    ``(A)(i) mandate arrest of spouse abusers based on 
                probable cause that violence has been committed; or
                    ``(ii) permit warrantless misdemeanor arrests of 
                spouse abusers and encourage the use of that authority; 
                and
                    ``(B) mandate arrest of spouse abusers who violate 
                the terms of a valid and outstanding protection order;
            ``(2) demonstrate that their laws, policies, or practices, 
        and training programs discourage dual arrests of abused and 
        abuser and the increase in arrest rates demonstrated pursuant 
        to paragraph (1)(A) is not the result of increased dual 
        arrests; and
            ``(3) certify that their laws, policies, and practices 
        prohibit issuance of mutual restraining orders of protection 
        except in cases where both spouses file a claim and the court 
        makes detailed finding of fact indicating that both spouses 
        acted primarily as aggressors and that neither spouse acted 
        primarily in self-defense.

``SEC. 1802. APPLICATIONS.

    ``(a) Application.--An eligible grantee shall submit an application 
to the Director that shall--
            ``(1) describe plans to implement policies described in 
        subsection (b);
            ``(2) identify the agency or office or groups of agencies 
        or offices responsible for carrying out the program; and
            ``(3) include documentation from nonprofit, nongovernmental 
        sexual assault and domestic violence programs demonstrating 
        their participation in developing the application, and 
        identifying such programs in which such groups will be 
        consulted for development and implemention.
    ``(b) Priority.--In awarding grants under this part, the Director 
shall give priority to an applicant that--
            ``(1) does not currently provide for centralized handling 
        of cases involving spousal or family violence by policy, 
        prosecutors, and courts; and
            ``(2) demonstrates a commitment to strong enforcement of 
        laws, and prosecution of cases, involving spousal or family 
        violence.

``SEC. 1803. REPORTS.

    ``Each grantee receiving funds under this part shall submit a 
report to the Director evaluating the effectiveness of projects 
developed with funds provided under this part and containing such 
additional information as the Secretary may prescribe.

``SEC. 1804. DEFINITIONS.

    ``For purposes of this part--
            ``(1) the term `domestic violence' means a crime of 
        violence committed by a current or former spouse of the victim, 
        an individual with whom the victim shares a child in common, an 
        individual who cohabits with or has cohabited with the victim 
        as a spouse, or any other individual similarly situated to a 
        spouse, or any other person who is protected under the domestic 
        or family violence laws of the eligible State, Indian tribe, 
        municipality, or local government entity.
            ``(2) the term `protector order' includes any injunction 
        issued for the purpose of preventing violent or threatening 
        acts of domestic violence including temporary and final orders 
        issued by civil and criminal courts (other than support or 
        child custody provisions) whether obtained by filing an 
        independent action or as a pendente lite order in another 
        proceeding; and

``SEC. 1805. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $25,000,000 for each of 
the fiscal years 1994, 1995, and 1996 to carry out the purposes of this 
part.''.
    (b) Effective Date.--The eligibility requirements provided in this 
section shall take effect 1 year after the date of enactment of this 
section.
    (c) Conforming Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended by striking the matter relating to part R and 
inserting the following:

             ``Part R--Grants to Encourage Arrest Policies

``Sec. 1801. Arrest Policies.
``Sec. 1802. Applications.
``Sec. 1803. Reports.
``Sec. 1804. Authorization of Appropriations.
             ``Part S--Transition; Effective Date; Repealer

``Sec. 1901. Continuation of rules, authorities, and proceedings.''.

               Subtitle C--Safe Homes for Immigrant Women

SEC. 231. SAFE HOMES FOR IMMIGRAMT WOMEN.

    (a) Abused Alien Family Member Defined.--Section 101(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding 
at the end the following new paragraph:
    ``(47)(A) The term `abused' means having been battered or subjected 
to extreme cruelty, including intimidation and including, additionally 
in the case of a child, having been abondoned.
    ``(B) The term `abused alien family member' means an alien who--
            ``(i) is the spouse or child of a citizen of the United 
        States or an alien lawfully admitted for permanent residence 
        and has been abused by such citizen or permanent resident;
            ``(ii) is the spouse of a citizen of the United States or 
        of an alien lawfully admitted for permanent residence whose 
        child has been abused by such citizen or permanent resident 
        parent.
    ``(C) The term `citizen or resident abuser' means a citizen of the 
United States or an lien lawfully admitted for permanent residence who 
abuses an abused alien family member (as defined in subparagraph 
(B)).''.
    (b) Right to Self-Petition.--Section 204(a)(1) of such Act (8 
U.S.C. 1154(a)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``citizen of the United States 
                claiming that an alien'' and inserting ``alien (or in 
                the case of an alien under 21 years of age, a parent or 
                custodian of the alien) claiming that the alien'',
                    (B) by inserting ``(2),'' after ``(1),'', and
                    (C) by striking the second sentence and inserting 
                the following: ``A petition filed under this 
                subparagraph may only be withdrawn by the beneficiary 
                or self-petitioner.'';
            (2) by striking subparagraph (B); and
            (3) by redesignating subparagraphs (C) through (G) as 
        subparagraphs (B) through (F), respectively.
    (c) Survival Rights to Petition for Abused Alien Family Members.--
Section 204 of such Act (8 U.S.C. 1154) is amended by adding at the end 
the following new subsection:
    ``(h) Survival Rights for Abused Alien Family Members.--An abused 
alien family member shall be considered, for the purpose of section 
201(b)(2)(A)(i) or 203(a)(2), as the case may be, to remain the spouse 
or child of a citizen or resident abuser after the legal termination of 
the marriage through which the member seeks immigrant status, but only 
if the member files a petition under section 204(a)(1)(A) within two 
years after the date of such legal termination (or, in the case of a 
child and if later, within 2 years after the date the child reaches the 
age of 21) and only, in the case of a former spouse, until the date the 
former spouse remarries. Such legal termination shall not be a basis 
for revocation of a petition under section 205.''.
    (d) Stay of Deportation and Work Authorization for Abused Alien 
Family Members.--
            (1) In general.--The Immigration and Nationality Act is 
        amended by inserting after section 244A the following new 
        section:

 ``stay of deportation and work authorization for abused alien family 
                                members

    ``Sec. 244B. (a) In General.--An abused alien family member in the 
United States who has not been lawfully admitted for permanent 
residence and who demonstrates that there are reasonable grounds to 
believe that the alien or the alien's child is being abused by a 
citizen or resident abuser--
            ``(1) may not be deported or otherwise required to depart 
        from the United States on a ground specified in paragraph 
        (1)(A), (1)(B), (1)(C), or (3)(A) of section 241(a) (other than 
        so much of section 241(a)(12)(A) as relates to a ground of 
        exclusion described in paragraph (2) or (3) of section 212(a)), 
        and
            ``(2) shall be granted authorization to engage in 
        employment in the United States,
until such time as an immigrant visa is available and the alien's 
application for adjustment of status under section 245 has been finally 
adjudicated by the Attorney General.
    ``(b) Fraudulent Claims.--The Attorney General may revoke the work 
authorization of, and initiate deportation proceedings against, any 
alien who has fraudulently made a claim to be an abused alien family 
member, if the alien has received notice of intent to revoke and has a 
reasonable opportunity to rebut evidence supporting the revocation.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 244 
        the following new item:

``Sec. 244B. Stay of deportation and work authorization for abused 
                            alien family members.''.
    (e) Rules for Adjustment of Status for Abused Alien Family 
Members.--Section 245 of such Act (8 U.S.C. 1255) is amended by adding 
at the end the following new subsection:
    ``(i) In applying this section to an abused alien family member (as 
defined in section 101(a)(47)(B)) who has filed a petition under 
section 204(a)(1)(A)--
            ``(1) the alien shall be deemed (if not otherwise inspected 
        and admitted or paroled into the United States) for purposes of 
        subsection (a) to have been inspected and admitted into the 
        United States,
            ``(2) clauses (2) through (4) of subsection (c) shall not 
        apply, and
            ``(3) subsection (d) shall not apply.''.
    (f) Evidence.--
            (1) Battered spousal waiver applications.--Section 
        216(c)(4) of such Act (8 U.S.C. 1186a(c)(4)) is amended by 
        adding at the end the following: ``In acting on an application 
        under this paragraph, the Attorney General may not require that 
        the application be supported by an evaluation of a licensed 
        mental health professional, but must consider and evaluate all 
        evidence submitted. Once it has been determined that an 
        applicant is an abused alien family member, the Attorney 
        General shall grant the member's application.''.
            (2) Applications for stay of deportation and work 
        authorization.--Section 244B of such Act, as inserted by 
        subsection (d)(1), is amended by adding at the end the 
        following new subsection:
    ``(c) The last two sentences of section 216(c)(4) shall apply to 
applications for relief under this section in the same manner as it 
applies to relief under section 216(c)(4).''.
    (g) Due Process Rights Relating to Denials of Applications by 
Abused Alien Family Members.--
            (1) Battered spousal waiver applicants.--Section 216(d) of 
        such Act (8 U.S.C. 1186a(d)) is amended by adding at the end 
        the following new paragraph:
            ``(4) Due process rights for battered spouse waiver 
        applicants.--The Attorney General shall not deny an application 
        under subparagraph (B) or (C) of subsection (c)(4) unless the 
        applicant has had an opportunity to present any evidence and 
        witnesses in support of the application and to confront any 
        adverse evidence at a hearing convened solely for the purpose 
        of establishing the facts described in the respective 
        subparagraph.''.
            (2) Right of review for abused alien family members in 
        deportation and exclusion proceedings.--(A) Section 242 of such 
        Act (8 U.S.C. 1252) is amended by adding at the end the 
        following new subsection:
    ``(j) Any abused alien family member whose petition or application 
was denied or revoked under section 204, 205, 244B, or 245 may request 
a review of such determination in a proceeding to exclude the alien 
under section 236 or to deport the alien under this section. Any such 
review shall be in addition to any other review provided by regulation 
or statute.''.
    (h) Effective Dates.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall take 
        effect on the date of the enactment of this Act.
            (2) Conversion of current petitions.--Any petition for 
        classification under subparagraph (A) or (B) of section 
        204(a)(1) of the Immigration and Nationality Act filed on a 
        date before the date of the enactment of this Act for the 
        benefit of an alien shall be deemed to be a petition filed by 
        such alien on such date under section 204(a)(1)(A) of such Act 
        (as amended by this section).
            (3) Survival rights.--The amendments made by subsection (c) 
        shall apply to legal terminations of marriages that occur 
        before, on, or after the date of the enactment of this Act.
            (4) Evidence and due process.--The amendments made by 
        subsections (f) and (g)(1) shall apply to applications made 
        before, on, or after the date of the enactment of this Act.
            (5) Right to review in deportation and exclusions.--The 
        amendment made by subsection (g)(2) shall apply to deportation 
        proceedings in which a final order has not been entered before 
        the date of the enactment of this Act.

             Subtitle D--Confidentiality for Abused Persons

SEC. 261. CONFIDENTIALITY FOR ABUSED PERSONS.

    No later than 90 days after the enactment of this Act, the 
Postmaster General shall promulgate regulations to secure the 
confidentiality of abused persons' addresses or otherwise prohibit the 
disclosure of an abused person's address consistent with the following:
            (1) Confidentiality shall be provided upon the presentation 
        to an appropriate postal official of an existing and valid 
        court order for the protection of an abused spouse, or upon an 
        affidavit containing a statement that an address or 
        organization is a domestic violence shelter or service provider 
        and a letter from the State coalition for domestic violence in 
        that State confirming such statement.
            (2) Disclosure of addresses to State or Federal agencies 
        for legitimate law enforcement or other governmental purposes 
        shall not be prohibited.
            (3) Compilations of addresses existing at the time the 
        order is presented to an appropriate postal official shall be 
        excluded from the scope of the proposed regulations.

                        TITLE III--CIVIL RIGHTS

SEC. 301. CIVIL RIGHTS.

    (a) Findings.--The Congress finds that--
            (1) crimes motivated by the victim's gender constitute bias 
        crimes in violation of the victim's right to be free from 
        discrimination on the basis of gender;
            (2) current law provides a civil rights remedy for gender 
        crimes committed in the workplace, but not for gender crimes 
        committed on the street or in the home; and
            (3) State and Federal criminal laws do not adequately 
        protect against the bias element of gender crimes, which 
        separates these crimes from acts of random violence, nor do 
        they adequately provide victims the opportunity to vindicate 
        their interests.
    (b) Rights.--All individuals within the United States, and the 
special maritime and territorial jurisdiction of the United States, 
shall have the right to be free from crimes of violence motivated by 
the victim's gender.
    (c) Claim.--Any person, including a person who acts under color of 
any statute, ordinance, regulation, custom, or usage of any State, who 
deprives an individual of the right secured by subsection (b) shall be 
liable to the individual injured, in a civil action, for compensatory 
damages, punitive damages, injunctive relief, declaratory relief, or 
any combination thereof.
    (d) Limitation, Procedure, and Rule of Construction.--
            (1) Limitation.--Nothing in this section entitles an 
        individual to a claim under subsection (c) for random acts of 
        violence unrelated to gender or for acts that cannot be 
        demonstrated, by a preponderance of the evidence, to be 
        motivated by gender.
            (2) No prior criminal action.--Nothing in this section 
        requires a prior criminal complaint, prosecution, or conviction 
        to establish the necessary elements of a claim under subsection 
        (c).
            (3) Rule of construction.--Neither section 1367 of title 28 
        of the United States Code nor subsection (c) of this section 
        shall be construed, by reason of a claim arising under such 
        subsection, to confer on the courts of the United States 
        jurisdiction of any State law claim seeking the establishment 
        of a divorce, alimony, or child custody decree.
    (e) Definitions.--For purposes of this section--
            (1) the term ``crime of violence motivated by the victim's 
        gender'' means--
                    (A) a crime of violence that is rape (excluding 
                conduct that is characterized as rape solely by virtue 
                of the ages of the participants), sexual assault, 
                sexual abuse, or abusive sexual contact; or
                    (B) any other crime of violence committed because 
                of the gender, or on the basis of gender, of the 
                victim;
            (2) the term ``crime of violence'' means--
                    (A) a State or Federal offense that--
                            (i) is of a kind described in section 16 of 
                        title 18, United States Code; and
                            (ii) may be punished by a maximum term of 
                        imprisonment exceeding one year; or
                    (B) any action taken that would constitute such 
                offense but for the relationship between the person who 
                takes such action and the individual against whom such 
                action is taken;
        whether or not such offense or such action results in criminal 
        charges, prosecution, or conviction; and
            (3) the term ``special maritime and territorial 
        jurisdiction of the United States'' has the meaning given such 
        term in section 7 of title 18, United States Code.
    (f) Limitation on Removal.--Section 1445 of title 28, United States 
Code, is amended by adding at the end the following:
    ``(d) A civil action in any State court arising under section 301 
of Violence Against Women Act of 1993 may not be removed to any 
district court of the United States.''.

            TITLE IV--EQUAL JUSTICE FOR WOMEN IN THE COURTS

                   Subtitle A--New Evidentiary Rules

SEC. 401. INTERLOCUTORY APPEAL.

    Rule 412 of the Federal Rules of Evidence is amended by adding at 
the end the following:
    ``(e) Interlocutory Appeal.--Notwithstanding any other law, any 
evidentiary rulings made pursuant to this rule are subject to 
interlocutory appeal by the government.''.

SEC. 402. SEXUAL HISTORY IN ALL CIRMINAL CASES.

        The Federal Rules of Evidence are amended by inserting after 
rule 412 the following new rule:
``Rule 412A. Evidence of victim's past behavior in other criminal cases
    ``(a) Notwithstanding any other provision of law, in a criminal 
case, other than a sex offense case governed by rule 412, reputation or 
opinion evidence of the past sexual behavior of an alleged victim is 
not admissible.
    ``(b) Notwithstanding any other provision of law, in a criminal 
case, other than a sex offense case governed by rule 412, evidence of 
an alleged victim's past sexual behavior (other than reputation and 
opinion evidence) may be admissible if--
            ``(1) the evidence is admitted in accordance with the 
        procedures specified in subdivision (c); and
            ``(2) the probative value of the evidence outweighs the 
        danger of unfair prejudice.
    ``(c)(1) If the defendant intends to offer evidence of specific 
instances of the alleged victim's past sexual behavior, the defendant 
shall make a written motion to offer such evidence not later than 15 
days before the date on which the trial in which such evidence is to be 
offered is scheduled to begin, except that the court may allow the 
motion to be made at a later date, including during trial, if the court 
determines either that the evidence is newly discovered and could not 
have been obtained earlier through the exercise of due diligence or 
that the issue to which such evidence relates has newly arisen in the 
case. Any motion made under this paragraph shall be served on all other 
parties and on the alleged victim.
    ``(2) The motion described in paragraph (1) shall be accompanied by 
a written offer of proof. If necessary, the court shall order a hearing 
in chambers to determine if such evidence is admissible. At such 
hearing, the parties may call witnesses, including the alleged victim 
and offer relevant evidence. Notwithstanding subdivision (b) of rule 
104, if the relevancy of the evidence which the defendant seeks to 
offer in the trial depends upon the fulfillment of a condition of fact, 
the court, at the hearing in chambers or at a subsequent hearing in 
chambers scheduled for such purpose, shall accept evidence on the issue 
of whether such condition of fact is fulfilled and shall determine such 
issue.
    ``(3) If the court determines on the basis of the hearing described 
in paragraph (2) that the evidence that the defendant seeks to offer is 
relevant and that the probative value of such evidence outweighs the 
danger of unfair prejudice such evidence shall be admissible in the 
trial to the extent an order made by the court specifies the evidence 
which may be offered and areas with respect to which the alleged victim 
may be examined or cross-examined. In its order, the court should 
consider (A) the chain of reasoning leading to its finding of 
relevance, and (B) why the probative value of the evidence outweighs 
the danger of unfair prejudice given the potential of the evidence to 
humiliate and embarrass the alleged victim and to result in unfair or 
biased jury inferences.''.

SEC. 403. SEXUAL HISTORY IN CIVIL CASES.

    The Federal Rules of Evidence, as amended by section 402 of this 
Act, are amended by adding after rule 412A the following new rule:
``Rule 412B. Evidence of past sexual behavior in civil cases
    ``(a) Notwithstanding any other provision of law, in a civil case 
in which a defendant is accused of actionable sexual misconduct, as 
defined in subdivision (d), reputation or opinion evidence of the 
plaintiff's past sexual behavior is not admissible.
    ``(b) Notwithstanding any other provision of law, in a civil case 
in which a defendant is accused of actionable sexual misconduct, as 
defined in subdivision (d), evidence of a plaintiff's past sexual 
behavior other than reputation or opinion evidence may be admissible 
if--
            ``(1) admitted in accordance with the procedures specified 
        in subdivision (c); and
            ``(2) the probative value of such evidence outweighs the 
        danger of unfair prejudice.
    ``(c)(1) If the defendant intends to offer evidence of specific 
instances of the plaintiff's past sexual behavior, the defendant shall 
make a written motion to offer such evidence not later than 15 days 
before the date on which the trial in which such evidence is to be 
offered is scheduled to begin, except that the court may allow the 
motion to be made at a later date, including during trial, if the court 
determines either that the evidence is newly discovered and could not 
have been obtained earlier through the exercise of due diligence or 
that the issue to which such evidence relates has newly arisen in the 
case. Any motion made under this paragraph shall be served on all other 
parties and on the plaintiff.
    ``(2) The motion described in paragraph (1) shall be accompanied by 
a written offer of proof. If necessary, the court shall order a hearing 
in chambers to determine if such evidence is admissible. At such 
hearing, the parties may call witnesses, including the plaintiff and 
offer relevant evidence. Notwithstanding subdivision (b) of rule 104, 
if the relevancy of the evidence which the defendant seeks to offer in 
the trial depends upon the fulfillment of a condition of fact, the 
court, at the hearing in chambers or at a subsequent hearing in 
chambers scheduled for such purpose, shall accept evidence on the issue 
of whether such condition of fact is fulfilled and shall determine such 
issue.
    ``(3) If the court determines on the basis of the hearing described 
in paragraph (2) that the evidence that the defendant seeks to offer is 
relevant and that the probative value of such evidence outweighs the 
danger of unfair prejudice, such evidence shall be admissible in the 
trial to the extent an order made by the court specifies evidence which 
may be offered and areas with respect to which the plaintiff may be 
examined or cross-examined. In its order, the court should consider (A) 
the chain of reasoning leading to its finding of relevance, and (B) why 
the probative value of the evidence outweighs the danger of unfair 
prejudice given the potential of the evidence to humiliate and 
embarrass the alleged victim and to result in unfair or biased jury 
inferences.
    ``(d) For purposes of this rule, a case involving a claim of 
actionable sexual misconduct, includes, but is not limited to, sex 
harassment or discrimination claims brought under title VII of the 
Civil Rights Act of 1964 (42 U.S.C. 2000(e)) and claims under section 
301 of the Violence Against Women Act of 1993.''.

SEC. 404. EVIDENCE OF CLOTHING.

    The Federal Rules of Evidence, as amended by sections 402 and 403 
of this Act, are amended by adding after rule 412B the following new 
rule:
``Rule 413. Evidence of victim's clothing as inciting violence
    ``Notwithstanding any other provision of law, in a criminal case in 
which a person is accused of an offense under chapter 109A of title 18, 
United States Code, evidence of an alleged victim's clothing is not 
admissible to show that the alleged victim incited or invited the 
offense charged.''.

 Subtitle B--Education and Training for Judges and Court Personnel in 
                              State Courts

SEC. 411. GRANTS AUTHORIZED

    The State Justice Institute is authorized to award grants for the 
purpose of developing, testing presenting, and disseminating model 
programs to be used by States in training judges and court personnel in 
the laws of the States on rape, sexual assault, domestic violence, and 
other crimes of violence motivated by the victim's gender.

SEC. 412. TRAINING PROVIDED BY GRANTS.

    Training provided pursuant to grants made under this subtitle may 
include current information, existing studies, or current data on--
            (1) the nature and incidence of rape and sexual assault by 
        strangers and nonstrangers, marital rape, and incest;
            (2) the underreporting of rape, sexual assault, and child 
        sexual abuse;
            (3) the physical, psychological, and economic impact of 
        rape and sexual assault on the victim, the costs to society, 
        and the implications for sentencing;
            (4) the psychology of sex offenders, their high rate of 
        recidivism, and the implications for sentencing;
            (5) the historical evolution of laws and attitudes on rape 
        and sexual assault;
            (6) sex stereotyping of female and male victims of rape and 
        sexual assault, racial stereotyping of rape victims and 
        defendants, and the impact of such stereotypes on credibility 
        of witnesses, sentencing, and other aspects of the 
        administration of justice;
            (7) application of rape shield laws and other limits on 
        introduction of evidence that may subject victims to improper 
        sex stereotyping and harassment in both rape and nonrape cases, 
        including the need for sua sponte judicial intervention in 
        inappropriate cross-examination;
            (8) the use of expert witness testimony on rape trauma 
        syndrome, child sexual abuse accommodation syndrome, post-
        traumatic stress syndrome, and similar issues;
            (9) the legitimate reasons why victims or rape, sexual 
        assault, domestic violence, and incest may refuse to testify 
        against a defendant;
            (10) the nature and incidence of domestic violence;
            (11) the physical, psychological, and economic impact of 
        domestic violence on the victim, the costs to society, and the 
        implications for court procedures and sentencing;
            (12) the psychology and self-presentation of batterers and 
        victims and the negative implications for court proceedings and 
        credibility of witnesses;
            (13) sex stereotyping of female and male victims of 
        domestic violence, myths about presence or absence of domestic 
        violence in certain racial, ethnic, religious, or socioeconomic 
        groups, and their impact on the administration of justice;
            (14) historical evolution of laws and attitudes on domestic 
        violence;
            (15) proper and improper interpretations of the defenses of 
        self-defense and provocation, and the use of expert witness 
        testimony on battered woman syndrome;
            (16) the likelihood of retaliation, recidivism, and 
        escalation of violence by batterers, and the potential impact 
        of incarceration and other meaningful sanctions for acts of 
        domestic violence including violations of orders of protection;
            (17) economic, psychological, social and institutional 
        reasons for victims' inability to leave the batterer, to report 
        domestic violence or to follow through on complaints, including 
        the influence of lack of support from police, judges, and court 
        personnel, and the legitimate reasons why victims of domestic 
        violence may refuse to testify against a defendant and should 
        not be held in contempt;
            (18) the need for orders of protection, and the negative 
        implications of mutual orders of protection, dual arrest 
        policies, and mediation in domestic violence cases;
            (19) recognition of and response to gender-motivated crimes 
        of violence other than rape, sexual assault and domestic 
        violence, such as mass or serial murder motivated by the gender 
        of the victims; and
            (20) current information on the impact of pornography on 
        crimes against women, or data on other activities that tend to 
        degrade women.

SEC. 413. COOPERATION IN DEVELOPING PROGRAMS.

    The State Justice Institute shall ensure that model programs 
carried out pursuant to grants made under this subtitle are developed 
with the participation of law enforcement officials, public and private 
nonprofit victim advocates, legal experts, prosecutors, defense 
attorneys, and recognized experts on gender bias in the courts.

SEC. 414. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for fiscal year 1994, 
$600,000 to carry out the purposes of this subtitle. Of amounts 
appropriated under this section, the State Justice Institute shall 
expend no less than 40 percent on model programs regarding domestic 
violence and no less than 40 percent on model programs regarding rape 
and sexual assault.

 Subtitle C--Education and Training for Judges and Court Personnel in 
                             Federal Courts

SEC. 421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING 
              GRANTS.

    (a) Study.--In order to gain a better understanding of the nature 
and the extent of gender bias in the Federal courts, the circuit 
judicial councils shall conduct studies of the instances of gender bias 
in their respective circuits. The studies may include an examination of 
the effects of gender on--
            (1) the treatment of litigants, witnesses, attorneys, 
        jurors, and judges in the courts, including before magistrate 
        and bankruptcy judges;
            (2) the interpretation and application of the law, both 
        civil and criminal;
            (3) treatment of defendants in criminal cases;
            (4) treatment of victims of violent crimes;
            (5) sentencing;
            (6) sentencing alternatives, facilities for incarceration, 
        and the nature of supervision of probation and parole;
            (7) appointments to committees of the Judicial Conference 
        and the courts;
            (8) case management and court sponsored alternative dispute 
        resolution programs;
            (9) the selection, retention, promotion, and treatment of 
        employees;
            (10) appointment of arbitrators, experts, and special 
        masters; and
            (11) the aspects of the topics listed in section 403 that 
        pertain to issues within the jurisdiction of the Federal 
        courts.
    (b) Clearinghouse.--The Judicial Conference of the United States 
shall designate an entity within the Judicial branch to act as a 
clearinghouse to disseminate any reports and materials issued by the 
gender bias task forces under subsection (a) and to respond to requests 
for such reports and materials. The gender bias task forces shall 
provide this entity with their reports and related material.
    (c) Model Programs.--The Federal Judicial Center, in carrying out 
section 620(b)(3) of title 28, United States Code, shall--
            (1) include in the educational programs it presents and 
        prepares, including the training programs for newly appointed 
        judges, information on issues related to gender bias in the 
        courts including such areas as are listed in subsection (a) 
        along with such other topics as the Federal Judicial Center 
        deems appropriate;
            (2) prepare materials necessary to implement this 
        subsection; and
            (3) take into consideration the findings and 
        recommendations of the studies conducted pursuant to subsection 
        (a), and to consult with individuals and groups with relevant 
        expertise in gender bias issues as it prepares or revises such 
        materials.

SEC. 422. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated--
            (1) $600,000 to the Salaries and Expenses Account of the 
        Courts of Appeals, District Courts, and other Judicial 
        Services, to carry out section 421(a), to be available until 
        expended through fiscal year 1994;
            (2) $100,000 to the Federal Judicial Center to carry out 
        section 421(c) and any activities designated by the Judicial 
        Conference under section 421(b); and
            (3) such sums as are necessary to the Administrative Office 
        of the United States Courts to carry out any activities 
        designated by the Judicial Conference under section 421(b).
    (b) The Judicial Conference of the United States.--(1) The Judicial 
Conference of the United States Courts shall allocate funds to Federal 
circuit courts under this subtitle that--
            (A) undertake studies in their own circuits; or
            (B) implement reforms recommended as a result of such 
        studies in their own or other circuits, including education and 
        training.
    (2) Funds shall be allocated to Federal circuits under this 
subtitle on a first come first serve basis in an amount not to exceed 
$100,000 on the first application. If within 6 months after the date on 
which funds authorized under this Act become available, funds are still 
available, circuits that have received funds may reapply for additional 
funds, with not more than $200,000 going to any one circuit.

                                 <all>

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