I

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.

VELA ́ZQUEZ, 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 Con-
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necticut, 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. MARGOLIESMEZVINSKY, 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Violence Against

5 Women Act of 1993’’.

6 SEC. 2. TABLE OF CONTENTS.

7 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
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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.
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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.

1 TITLE I—SAFE STREETS FOR

2 WOMEN

3 SEC. 101. SHORT TITLE.

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

5 Women Act of 1993’’.

6 Subtitle A—Law Enforcement and

7 Prosecution Grants to Reduce

8 Violent Crimes Against Women

9 SEC. 111. GRANTS TO COMBAT VIOLENT CRIMES AGAINST

10 WOMEN.

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

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

13 et seq.) is amended by—

14 (1) redesignating part Q as part R;

15 (2) redesignating section 1701 as section 1801;

16 and

17 (3) adding after part P the following new part:
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1 ‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES

2 AGAINST WOMEN

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

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

5 this part is to assist States and other eligible entities to

6 develop effective law enforcement and prosecution strate7 gies to combat violent crimes against women.

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

9 USED.—Grants under this part shall provide additional

10 personnel, training, technical assistance, data collection

11 and other equipment for the more widespread apprehen12 sion, prosecution, and adjudication of persons committing

13 violent crimes against women and specifically, for the pur14 poses of—

15 ‘‘(1) training law enforcement officers and pros16 ecutors to identify and respond more effectively to

17 violent crimes against women, including crimes of

18 sexual assault and domestic violence;

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

20 law enforcement officers and prosecutors that spe21 cifically target violent crimes against women, includ22 ing the crimes of sexual assault and domestic vio23 lence;

24 ‘‘(3) developing and implementing police and

25 prosecution policies, protocols, or orders specifically

26 devoted to the identification of and response to vio-
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1 lent crimes against women, including the crimes of

2 sexual assault and domestic violence;

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

4 collection systems, including computerized systems,

5 linking police, prosecutors, and courts or identifying

6 and tracking arrests, protection orders, prosecutions,

7 and convictions for the crimes of sexual assault and

8 domestic violence; and

9 ‘‘(5) developing, enlarging, or strengthening vic10 tim services programs, including sexual assault and

11 domestic violence programs, to increase reporting

12 and reduce attrition rates for cases involving violent

13 crimes against women, including crimes of sexual as14 sault and domestic violence.

15 ‘‘SEC. 1702. STATE GRANTS.

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

17 to make grants to States, for use by States, units of local

18 government in the States, and nonprofit nongovernmental

19 victim services programs in the States, for the purposes

20 outlined in section 1701(b), and to reduce the rate of vio21 lent crimes against women.

22 ‘‘(b) APPLICATION REQUIREMENTS.—Applications

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

4 ‘‘(A) the need for grant funds;

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

6 ‘‘(C) the expected results; and

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

8 for the payment of forensic medical exams provided

9 pursuant to section 112 of the Violence Against

10 Women Act of 1993.

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

12 subsection (b), any State shall be eligible for funds pro13 vided under this part by—

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

15 part shall be used to reduce the rate of violent

16 crimes against women and for the purposes outlined

17 in section 1701(b); and

18 ‘‘(2) certifying that grantees and subgrantees

19 shall develop a plan, implement such plan, and oth20 erwise consult and coordinate with nonprofit non21 governmental domestic violence and sexual assault

22 victim services programs, law enforcement officials,

23 victim advocates, prosecutors, and defense attorneys;

24 ‘‘(3) providing documentation from the individ25 uals and groups listed under paragraph (2) regard-
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1 ing their participation in development of a plan and

2 involvement in the application process, as well as

3 how these individuals and groups will be involved in

4 implementation of the plan;

5 ‘‘(4) providing assurances that the plan devel6 oped under paragraph (2) shall meet the needs of

7 racial, cultural, ethnic, and language minority popu8 lations in the community to be served by such plan;

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

10 enforcement, and nonprofit nongovernmental serv11 ices for victims shall each receive not less than 25

12 percent of any funds received under this part; and

13 ‘‘(6) providing assurances that any Federal

14 funds received under this part shall be used to sup15 plement, not supplant, non-Federal funds that would

16 otherwise be available for activities funded under

17 this part.

18 ‘‘(d) DISBURSEMENT OF FUNDS.—

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

20 after the receipt of an application under this part,

21 the Director shall either disburse the appropriate

22 sums provided for under this subpart or shall inform

23 the applicant regarding why the application does not

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

3 issue regulations—

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

6 areas of varying geographic size; and

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

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

13 other such populations and geographic areas.

14 ‘‘(e) GRANTEE REPORTING.—Upon completion of the

15 grant period under this part, the State grantee shall file

16 a performance report with the Director explaining the ac17 tivities carried out together with an assessment of the ef18 fectiveness of such activities in achieving the purposes of

19 this part.

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

21 suspend funding for an approved application if—

22 ‘‘(1) an applicant fails to submit an annual per23 formance report; or
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1 ‘‘(2) funds provided under this part are ex2 pended for purposes other than those set forth under

3 this part.

4 ‘‘SEC. 1703. GENERAL GRANTS TO TRIBES

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

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

7 organizations or nonprofit, nongovernmental domestic vio8 lence and sexual assault victim services programs on In9 dian reservations, for the purposes outlined in section

10 1701(b), and to reduce the rate of violent crimes against

11 women in Indian country.

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

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

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

15 $35,000 and maximum grants of $300,000.

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

17 subsection (d), any tribe shall be qualified for funds pro18 vided under this part upon certification that the funds

19 shall be used to reduce the rate of violent crimes against

20 women and for the purposes outlined in section 1701(b).

21 ‘‘(d) APPLICATION REQUIREMENTS.—

22 ‘‘(1) IN GENERAL.—Applications shall be made

23 directly to the Director and shall contain a descrip24 tion of the tribes’ law enforcement responsibilities

25 for the Indian country described in the application
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1 and a description of the tribes’ system of courts, in2 cluding whether the tribal government operates

3 courts of Indian offenses as defined in section 201

4 of title II of Public Law 90–284 (25 U.S.C. 1301)

5 or Code of Federal Regulation courts under 25 CFR

6 11 et seq.

7 ‘‘(2) CONTENT.—Applications shall be in such

8 form as the Director may reasonably require and

9 shall specify the nature of the program proposed by

10 the applicant tribe, the data and information on

11 which the program is based, and the plans to use or

12 incorporate existing domestic violence and sexual as13 sault services available in the Indian country where

14 the grant will be used.

15 ‘‘(3) TERM OF GRANT.—The term of any grant

16 shall be for a period of not less than 3 years.

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

18 12 months of the grant period and at the end of each sub19 sequent year, the Indian tribe grantee shall file a perform20 ance report with the Director explaining the activities car21 ried out together with an assessment of the effectiveness

22 of such activities in achieving the purposes of this part.

23 The Director shall not disperse additional funds if an ap24 plicant fails to submit an annual performance report.

25 ‘‘(f) DEFINITIONS.—For purposes of this section—
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1 ‘‘(1) the term ‘Indian tribe’ means any Indian

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

8 the United States to Indians because of their status

9 as Indians; and

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

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

13 ‘‘SEC. 1704. GENERAL DEFINITIONS.

14 ‘‘For purposes of this part—

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

16 of violence committed by a current or former spouse

17 of the victim, an individual with whom the victim

18 shares a child in common, an individual who is co19 habiting with or has cohabited with the victim as a

20 spouse, an individual similarly situated to a spouse,

21 or any other individual who is protected under do22 mestic or family violence laws of the jurisdiction that

23 receives a grant under this part;

24 ‘‘(2) the term ‘sexual assault’ includes assaults

25 committed by offenders who are strangers to the vic-
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1 tim and assaults committed by offenders who are

2 known or related by blood or marriage to the victim;

3 and

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

5 any public or private, nonsectarian, nonprofit pro6 gram that assists domestic violence or sexual assault

7 victims, including nongovernmental nonprofit organi8 zations such as rape crisis centers, battered women’s

9 shelters, and other sexual assault and domestic vio10 lence programs, including nonprofit nongovern11 mental organizations assisting domestic violence and

12 sexual assault victims through the legal process.

13 ‘‘SEC. 1705. GENERAL TERMS AND CONDITIONS.

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

15 the assistance provided under sections 1702 and 1703, the

16 Director may request any Federal agency, with or without

17 reimbursement, to use its authorities and the resources

18 granted to it under Federal law (including personnel,

19 equipment, supplies, facilities, and managerial, technical,

20 and advisory services) to support State and local assist21 ance efforts under this part.

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

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

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

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

2 part;

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

4 grants were provided and an evaluation of progress;

5 and

6 ‘‘(3) a copy of each grantee report filed pursu7 ant to sections 1702(f) and 1703(e).

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

9 are authorized to be appropriated for each of the fiscal

10 years 1994 and 1995, $190,000,000 to carry out the pur11 poses of section 1702 and $10,000,000 to carry out the

12 purposes of section 1703.’’.

13 (b) CONFORMING AMENDMENT.—The table of con14 tents of title I of the Omnibus Crime Control and Safe

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

16 by striking the matter relating to part Q and inserting

17 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’’.

18 SEC. 112. RAPE EXAM PAYMENTS.

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

20 to funds under title I of the Violence Against Women Act
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1 of 1993 unless the State or other grantee incurs the full

2 cost of forensic medical exams for victims of sexual assault

3 when such exams are required under section 112 of such

4 title.

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

6 incur the full medical cost of forensic medical exams for

7 victims of sexual assault if such State—

8 (1) provides such exams to victims free of

9 charge to the victim;

10 (2) arranges for victims to obtain such exams

11 free of charge to the victim; or

12 (3) reimburses victims for the cost of such

13 exams, if—

14 (A) the reimbursement covers the full cost

15 of such exams, without any deductible require16 ment or limit on the amount of a reimburse17 ment;

18 (B) the State permits victims to apply for

19 reimbursement for at least one year from the

20 date of the exam;

21 (C) the State provides reimbursement not

22 later than 90 days after written notification of

23 the victim’s expense; and

24 (D) the State provides information at the

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

3 Subtitle B—Rape Prevention

4 Programs

5 CHAPTER 1—RAPE PREVENTION GRANTS

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

8 The Director of the Bureau of Justice Assistance (re9 ferred to in this subtitle as the ‘‘Director’’) is authorized

10 to make grants—

11 (1) to provide educational seminars, particularly

12 developed with emphasis on seminars for elementary

13 and secondary school age children, designed to

14 change attitudes regarding rape and develop an

15 awareness of what acts may meet the legal definition

16 of rape;

17 (2) to provide programs for elementary and sec18 ondary school age children that teach nonviolent

19 conflict resolution, self defense or other relevant

20 skills;

21 (3) to operate telephone hotlines for callers with

22 questions regarding sexual assault and rape;

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

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

4 (5) develop treatment programs for convicted

5 sex offenders and make such programs available in

6 the local community and in Federal and State pris7 ons.

8 (6) prepare and disseminate informational ma9 terials designed to educate the community regarding

10 sexual assault and prevention; and

11 (7) to develop other projects to increase aware12 ness and prevention of sexual assault, including ef13 forts to increase awareness of sexual assault preven14 tion among racial, ethnic, cultural and language mi15 norities.

16 SEC. 122. APPLICATIONS.

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

18 under this subtitle, a duly authorized representative of an

19 eligible entity shall submit an application to the Director

20 in such form and containing such information as the Di21 rector may reasonably require.

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

23 assurance that Federal funds received under this subtitle

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

3 (c) REQUIRED PLAN.—Each application shall include

4 a plan that contains—

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

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

8 (3) a statement of staff qualifications and dem9 onstrated expertise in the field of rape prevention

10 and education; and

11 (4) a statement regarding the ability to serve

12 community needs and language minority populations

13 in providing ethnically and culturally appropriate

14 programs where necessary.

15 SEC. 123. REPORTS.

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

17 grant period under this part, each grantee shall file a per18 formance report with the Director explaining the activities

19 carried out together with an assessment of the effective20 ness of such activities in achieving the purposes of this

21 part. The Director shall suspend funding for an approved

22 application if an applicant fails to submit an annual per23 formance report.

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

25 after the end of each fiscal year for which grants are made
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1 under this part, the Director shall submit to the Congress

2 a report that includes, for each grantee—

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

4 (2) a summary of the purposes for which grants

5 were provided and an evaluation of progress; and

6 (3) a copy of each grantee report filed pursuant

7 to subsection (a).

8 SEC. 124. DEFINITIONS.

9 For purposes of this subtitle:

10 (1) the term ‘‘eligible entity’’ means a non-prof11 it, nongovernmental organization that directly serves

12 or provides advocacy on behalf of victims of rape or

13 sexual assault.

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

15 education’’ means education and prevention efforts

16 directed at reducing the number of sexual assaults.

17 SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated to carry out

19 the purposes of this subtitle, $60,000,000 for fiscal year

20 1994, $75,000,000 for fiscal year 1995, and

21 $100,000,000 for fiscal year 1996.
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1 CHAPTER 2—

2 OFFENDER TRAINING AND INFORMATION

3 PROGRAMS

4 SEC. 126. NATIONAL INSTITUTE OF JUSTICE TRAINING

5 PROGRAMS.

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

7 after consultation with victim advocates and individuals

8 who have expertise in treating sex offenders, shall estab9 lish criteria and develop training programs to assist proba10 tion and parole officer and other personnel who work with

11 released sex offenders in the areas of—

12 (1) case management;

13 (2) supervision; and

14 (3) relapse prevention.

15 (b) TRAINING PROGRAMS.—The Director of the Na16 tional Institute of Justice shall attempt, to the extent

17 practicable, to make training programs developed under

18 subsection (a) available in geographically diverse locations

19 throughout the country.

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

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

22 fiscal years 1994 and 1995 to carry out the provisions

23 of this section.
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1 SEC. 127. INFORMATION PROGRAMS.

2 The Attorney General shall compile information re3 garding sex offender treatment programs and ensure that

4 information regarding community treatment programs in

5 the community into which a convicted sex offender is re6 leased is made available to—

7 (1) each person serving a sentence of imprison8 ment in a penal or correctional institution for a com9 mission of an offense under chapter 109A of title 18

10 of the United States Code or for the commission of

11 a similar offense; and

12 (2) each person serving a sentence of imprison13 ment in an institution other than a penal or correc14 tional institution for a commission of an offense

15 under chapter 109A of title 18 of the United States

16 Code or for the commission for a similar offense.

17 Subtitle C—Victim Compensation

18 SEC. 131. VICTIM COMPENSATION.

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

20 States Code, is amended by adding at the end the follow21 ing new section:

22 ‘‘§ 2248. Mandatory restitution for sex offenses

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

24 section 3663, and in addition to any other civil or criminal

25 penalty authorized by law, the court shall order restitution

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

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

3 under this section shall direct that—

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

5 full amount of the victim’s losses as determined

6 by the court, pursuant to paragraph (3); and

7 ‘‘(B) the United States Attorney enforce

8 the restitution order by all available and reason9 able means.

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

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

12 any costs incurred by the victim for—

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

14 psychiatric, or psychological care;

15 ‘‘(B) physical and occupational therapy or

16 rehabilitation;

17 ‘‘(C) lost income; and

18 ‘‘(D) any other losses suffered by the vic19 tim as a proximate result of the offense.

20 ‘‘(3) MANDATORY NATURE OF ORDER.—Res21 titution orders under this section are mandatory. A

22 court may not decline to issue an order under this

23 section because of—

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

4 source.

5 ‘‘(4) CONSIDERATION OF ECONOMIC CIR6 CUMSTANCES.—

7 ‘‘(A) IN GENERAL.—Notwithstanding the

8 terms of paragraph (3), the court may take into

9 account the economic circumstances of the de10 fendant in determining the manner in which

11 and the schedule according to which the restitu12 tion is to be paid.

13 ‘‘(B) DEFINITION.—For purposes of this

14 paragraph, the term ‘economic circumstances’

15 includes—

16 ‘‘(i) the financial resources and other

17 assets of the defendant;

18 ‘‘(ii) projected earnings, earning ca19 pacity, and other income of the defendant;

20 and

21 ‘‘(iii) any financial obligations of the

22 defendant, including obligations to depend23 ents.

24 ‘‘(C) LUMP-SUM OR PARTIAL PAYMENT.—

25 An order under this section may direct the de-
24

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1 fendant to make a single lump-sum payment or

2 partial payments at specified intervals. The

3 order shall also provide that the defendant’s

4 restitutionary obligation takes priority over any

5 criminal fine ordered.

6 ‘‘(D) PAYMENT TO OTHER PROVIDER OF

7 COMPENSATION.—In the event that the victim

8 has recovered for any amount of loss through

9 the proceeds of insurance or any other source,

10 the order of restitution shall provide that res11 titution be paid to the person who provided the

12 compensation, but that restitution shall be paid

13 to the victim before any restitution is paid to

14 any other provider of compensation.

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

16 under this section shall be set off against any

17 amount later recovered as compensatory damages by

18 the victim from the defendant in—

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

20 ‘‘(B) any State civil proceeding, to the ex21 tent provided by the law of the State.

22 ‘‘(c) PROOF OF CLAIM.—

23 ‘‘(1) IN GENERAL.—Within 60 days after con24 viction and, in any event, no later than 10 days

25 prior to sentencing, the United States Attorney (or
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1 his delegee), after consulting with the victim, shall

2 prepare and file an affidavit with the court listing

3 the amounts subject to restitution under this sec4 tion. The affidavit shall be signed by the United

5 States Attorney (or his delegee) and the victim.

6 Should the victim object to any of the information

7 included in the affidavit, the United States Attorney

8 (or his delegee) shall advise the victim that the vic9 tim may file a separate affidavit.

10 ‘‘(2) OBJECTIONS.—If no objection is raised by

11 the defendant, the amounts attested to in the affida12 vit filed pursuant to subsection (1) shall be entered

13 in the court’s restitution order. If objection is raised,

14 the court may require the victim or the United

15 States Attorney (or his delegee) to submit further

16 affidavits or other supporting documents, dem17 onstrating the victim’s losses.

18 ‘‘(3) ADDITIONAL DOCUMENTATION AND TESTI19 MONY.—If the court concludes, after reviewing the

20 supporting documentation and considering the de21 fendant’s objections, that there is a substantial rea22 son for doubting the authenticity or veracity of the

23 records submitted, the court may require additional

24 documentation or hear testimony on those questions.
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1 Any records filed, or testimony heard, pursuant to

2 this section, shall be in the judge’s chambers.

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

4 event that the victim’s losses are not ascertainable

5 10 days prior to sentencing as provided in sub6 section (c)(1), the United States Attorney (or his

7 delegee) shall so inform the court, and the court

8 shall set a date for the final determination of the

9 victim’s losses, not to exceed 90 days after sentenc10 ing. If the victim subsequently discovers further

11 losses, the victim shall have 60 days after discovery

12 of those losses in which to petition the court for an

13 amended restitution order. Such order may be grant14 ed only upon a showing of good cause for the failure

15 to include such losses in the initial claim for

16 restitutionary relief.

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

18 term ‘victim’ includes any person who has suffered direct

19 physical harm as a result of a commission of a crime under

20 this chapter, including, in the case of a victim who is

21 under 18 years of age, incompetent, incapacitated, or de22 ceased, the legal guardian of the victim or representative

23 of the victim’s estate, another family member, or any other

24 person appointed as suitable by the court, except that in
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1 no event shall the defendant be named as such representa2 tive or guardian.’’.

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

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

5 by adding at the end the following:

‘‘2248. Mandatory restitution for sex offenses.’’.

6 Subtitle D—National Board on

7 Violent Crime Against Women

8 SEC. 141. ESTABLISHMENT.

9 There is established an advisory board to be known

10 as the Interagency Advisory Board on Violent Crime

11 Against Women (in this Act referred to as the ‘‘Board’’).

12 SEC. 142. DUTIES OF BOARD.

13 (a) GENERAL PURPOSE OF THE BOARD.—The Board

14 shall assess and review policies and practices of the Fed15 eral Government regarding violence against women and

16 make recommendations regarding such policies and prac17 tices.

18 (b) FUNCTIONS.—The Board shall perform the fol19 lowing functions—

20 (1) review and evaluate the programs and poli21 cies developed by Federal agencies for the prevention

22 of crimes against women and assistance to women

23 who are victims of sexual assault and domestic vio24 lence, including programs and policies at the De-
28

•HR 1133 SC

1 partments of Justice, Health and Human Services,

2 Housing and Urban Development, and Education;

3 (2) evaluate the adequacy of, and make rec4 ommendations regarding, the role of the Federal

5 Government in assisting States in addressing vio6 lence against women;

7 (3) review research regarding violence against

8 women and recommend additional topics for re9 search;

10 (4) evaluate the adequacy of, and make rec11 ommendations regarding, data collection and govern12 ment statistics on the incidence and prevalence of

13 violent crimes against women;

14 (5) promote coordination between Federal agen15 cies charged with addressing violence against

16 women; and

17 (6) assess on an annual basis the progress

18 made by the Federal Government to improve pro19 grams designed to prevent violence against women

20 or assist women who are victims of violent crime.

21 SEC. 143. MEMBERSHIP.

22 (a) NUMBER AND APPOINTMENT.—

23 (1) APPOINTMENT.—Not later than 90 days

24 after the enactment of this Act, and after consulta25 tion with the Secretaries of the Departments of
29

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1 Health and Human Services, Housing and Urban

2 Development, and Education (referred to in this

3 subtitle as the ‘‘Secretaries’’), the Attorney General

4 shall appoint a Board composed of 13 members as

5 follows:

6 (A) 5 members who shall have expertise in

7 providing services to victims of domestic vio8 lence or sexual assault—

9 (i) two of whom shall have expertise

10 in the area of domestic violence;

11 (ii) two of whom shall have expertise

12 in the area of sexual assault; and

13 (iii) one of whom shall have expertise

14 in the area of counseling (drawn from so15 cial workers, psychologists or professional

16 counselors;

17 (B) 4 members with expertise in law en18 forcement or judicial administration, including

19 a representative member from one of each of

20 the following groups—

21 (i) police;

22 (ii) prosecutors;

23 (iii) judges; and

24 (iv) victims civil legal advocates;
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•HR 1133 SC

1 (C) one member with expertise in correc2 tions;

3 (D) one member representing medical serv4 ice providers;

5 (E) one member representing State gov6 ernments; and

7 (F) one member representing local govern8 ments.

9 (2) REPRESENTATION.—The Attorney General

10 shall select members who are specially qualified to

11 serve on the Board based on their level of expertise

12 in national or State efforts to combat violence

13 against women or who have experience in national or

14 State advocacy service organizations that specialize

15 in sexual assault or domestic violence.

16 (3) EX OFFICIO MEMBERS.—Representatives

17 from the following positions shall be appointed to

18 serve as ex officio members:

19 (A) Representatives from the Department

20 of Justice—

21 (i) Assistant Attorney General for the

22 Office of Justice Programs;

23 (ii) Director of the Bureau of Justice

24 Assistance;
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1 (iii) Director of the Bureau of Justice

2 Statistics;

3 (iv) Director of the National Institute

4 of Justice; and

5 (v) Director of the Office of Victims

6 of Crime.

7 (B) Representatives from the Department

8 of Health and Human Services—

9 (i) Assistant Secretary for Health;

10 (ii) Deputy Assistant Secretary for

11 Health (Disease Prevention and Health

12 Promotion);

13 (iii) Administrator of Health Re14 sources and Services Administration;

15 (iv) Director for the Centers for Dis16 ease Control;

17 (v) Assistant Secretary for Human

18 Development Services; and

19 (vi) Commissioner of the Administra20 tion for Children, Youth, and Families.

21 (C) Representatives from the Department

22 of Housing and Human Development—

23 (i) Assistant Secretary for Housing;

24 (ii) Assistant Secretary for Commu25 nity Planning and Development; and
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1 (iii) Assistant Secretary for Policy De2 velopment and Research.

3 (D) Representatives from the Department

4 of Education—

5 (i) Assistant Secretary for Post-sec6 ondary Education; and

7 (ii) Assistant Secretary for Elemen8 tary and Secondary Education.

9 (E) Additional Representatives—The At10 torney General shall appoint additional officers

11 or employees of the United States as deemed

12 necessary.

13 (4) SUBCOMMITTEES.—The Board may estab14 lish subcommittees composed of Board members

15 with expertise in a particular area, but if estab16 lished, shall include representation from a represent17 ative of services for victims.

18 (5) TERM OF MEMBERS.—Members of the

19 Board shall serve for the life of the Board.

20 (6) VACANCY.—A vacancy on the Board shall

21 be filled in the manner in which the original appoint22 ment was made.

23 (b) CHAIRPERSON.—Not later than 15 days after

24 the members of the Board are appointed, such members
33

•HR 1133 SC

1 shall select a Chairperson from among the members of the

2 Board.

3 (c) QUORUM.—7 members of the Board shall con4 stitute a quorum, but a lesser number may be authorized

5 by the Board to conduct hearings.

6 (d) MEETINGS.—The Board shall hold its first meet7 ing on a date specified by the Chairperson, but such date

8 shall not be later than 60 days after the date of the enact9 ment of this Act. After the initial meeting, the Board shall

10 meet at the call of the Chairperson, at the request of the

11 Attorney General or the Secretaries, or a majority of its

12 members, but shall meet not less than twice each year.

13 (e) PAY.—Members of the Board who are officers or

14 employees or elected officials of the Federal Government

15 shall receive no additional compensation by reason of their

16 service on the Board.

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

18 while away from their homes or regular places of business

19 in the performance of duties for the Board, members of

20 the Board shall be allowed travel expenses, including per

21 diem in lieu of subsistence, at rates authorized for employ22 ees of agencies under sections 5702 and 5703 of title 5,

23 United States Code.
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1 SEC. 144. REPORTS.

2 (a) REPORT TO ATTORNEY GENERAL.—Not later

3 than 1 year after the date on which the Board is fully

4 constituted under section 143 and each subsequent year,

5 the Board shall prepare and submit a report to the Attor6 ney General and the Secretaries which includes the follow7 ing:

8 (1) ACTIVITIES.—A description of the activities

9 during such year.

10 (2) EVALUATION.—A description and evalua11 tion of the programs and practices of the Federal

12 Government regarding violence against women.

13 (3) IMPROVEMENT.—An evaluation of the

14 progress made by the Federal Government to im15 prove programs and practices regarding violence

16 against women.

17 (4) RECOMMENDATIONS.—Recommendations by

18 the Board for improvement in programs and prac19 tices by the Federal Government regarding violence

20 against women and the coordination between Fed21 eral agencies responsible for providing programs to

22 address violence against women.

23 (b) REPORT TO CONGRESS.—The Attorney General

24 shall submit a report each year to the appropriate commit25 tees of the House of Representatives and the Senate re26 garding the findings and recommendations of the Board.
35

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1 SEC. 145. EXECUTIVE DIRECTOR AND STAFF.

2 (a) EXECUTIVE DIRECTOR.—

3 (1) APPOINTMENT.—The Board shall have an

4 Executive Director who shall be appointed by the

5 Chairperson, with the approval of the Board, not

6 later than 60 days after the Chairperson is selected.

7 (2) COMPENSATION.—The Executive Director

8 shall be compensated at a rate not to exceed the

9 maximum rate of the basic pay payable under GS–

10 15 of the General Schedule as contained in title 5,

11 United States Code.

12 (b) STAFF.—With the approval of the Board, the Ex13 ecutive Director may appoint and fix the compensation of

14 such additional personnel as the Executive Director con15 siders necessary to carry out the duties of the Board.

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

17 Executive Director and the additional personnel of the

18 Board appointed under subsection (b) may be appointed

19 without regard to the provisions of title 5, United States

20 Code, governing appointments in the competitive service,

21 and may be paid without regard to the provisions of chap22 ter 51 and subchapter III of chapter 53 of such title relat23 ing to classification and General Schedule pay rates.

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

25 prescribed by the Board, the Executive Director may pro26 cure temporary or intermittent services under section
36

•HR 1133 SC

1 3109(b) of title 5, United States Code, at rates for individ2 uals not to exceed $200 per day.

3 SEC. 146. POWERS OF BOARD.

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

5 subtitle, the Board may conduct such hearings, set and

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

7 receive such evidence, as the Board considers appropriate.

8 The Board may administer oaths before the Board.

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

10 Board may, if authorized by the Board, take any action

11 that the Board is authorized to take under this subtitle.

12 (c) ACCESS TO INFORMATION.—The Board may se13 cure directly from any executive department or agency

14 such information as may be necessary to enable the Board

15 to carry out this subtitle, except to the extent that the

16 department or agency is expressly prohibited by law from

17 furnishing such information. On the request of the Chair18 person of the Board, the head of such a department or

19 agency shall furnish nonprohibited information to the

20 Board.

21 (d) MAILS.—The Board may use the United States

22 mails in the same manner and under the same conditions

23 as other departments and agencies of the United States.
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1 SEC. 147. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated for fiscal year

3 1994, $500,000 to carry out the purposes of this subtitle.

4 SEC. 148. TERMINATION.

5 The Board shall remain in existence until the Attor6 ney General and the Secretaries agree to terminate the

7 Board.

8 Subtitle E—Safe Campuses for

9 Women

10 SEC. 151. CAMPUS SEXUAL ASSAULT STUDY.

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

12 a national baseline study to examine the scope of the prob13 lem of campus sexual assaults and the effectiveness of in14 stitutional and legal policies in addressing such crimes and

15 protecting victims. The Attorney General may utilize the

16 Bureau of Justice Statistics, the National Institute of Jus17 tice, and the Office for Victims of Crime in carrying out

18 this section.

19 (b) REPORT.—Based on the study required by sub20 section (a), the Attorney General shall prepare a report

21 including an analysis of—

22 (1) the number of reported allegations and esti23 mated number of unreported allegations of campus

24 sexual assaults, and to whom the allegations are re25 ported (including authorities of the educational insti-
38

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1 tution, sexual assault victim service entities, and

2 local criminal authorities);

3 (2) the number of campus sexual assault allega4 tions reported to authorities of educational institu5 tions which are reported to criminal authorities;

6 (3) the number of campus sexual assault allega7 tions that result in criminal prosecution in compari8 son with the number of noncampus sexual assault

9 allegations that result in criminal prosecution;

10 (4) Federal and State laws or regulations per11 taining specifically to campus sexual assaults;

12 (5) the adequacy of policies and practices of

13 educational institutions in addressing campus sexual

14 assaults and protecting victims, including consider15 ation of—

16 (A) the security measures in effect at edu17 cational institutions, such as utilization of cam18 pus police and security guards, control over ac19 cess to grounds and buildings, supervision of

20 student activities and student living arrange21 ments, control over the consumption of alcohol

22 by students, lighting, and the availability of es23 cort services;
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1 (B) the articulation and communication to

2 students of the institution’s policies concerning

3 sexual assaults;

4 (C) policies and practices that may prevent

5 or discourage the reporting of campus sexual

6 assaults to local criminal authorities, or that

7 may otherwise obstruct justice or interfere with

8 the prosecution of perpetrators of campus sex9 ual assaults;

10 (D) the nature and availability of victim

11 services for victims of campus sexual assaults;

12 (E) the ability of educational institutions’

13 disciplinary processes to address allegations of

14 sexual assault adequately and fairly;

15 (F) measures that are taken to ensure that

16 victims are free of unwanted contact with al17 leged assailants, and disciplinary sanctions that

18 are imposed when a sexual assault is deter19 mined to have occurred; and

20 (G) the grounds on which educational in21 stitutions are subject to lawsuits based on cam22 pus sexual assaults, the resolution of these

23 cases, and measures that can be taken to avoid

24 the likelihood of lawsuits and civil liability;
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•HR 1133 SC

1 (6) an assessment of the policies and practices

2 of educational institutions that are of greatest effec3 tiveness in addressing campus sexual assaults and

4 protecting victims, including policies and practices

5 relating to the particular issues described in para6 graph (5); and

7 (7) any recommendations the Attorney General

8 may have for reforms to address campus sexual as9 saults and protect victims more effectively, and any

10 other matters that the Attorney General deems rel11 evant to the subject of the study and report required

12 by this section.

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

14 by subsection (b) shall be submitted to the Congress no

15 later than September 1, 1995.

16 (d) DEFINITION.—For purposes of this section,

17 ‘‘campus sexual assaults’’ includes sexual assaults occur18 ring at institutions of postsecondary education and sexual

19 assaults committed against or by students or employees

20 of such institutions.

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

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

23 study required by this section.
41

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1 TITLE II—SAFE HOMES FOR

2 WOMEN

3 SEC. 201. SHORT TITLE.

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

5 Women Act’’.

6 Subtitle A—Interstate Enforcement

7 SEC. 211 INTERSTATE ENFORCEMENT.

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

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

11 ‘‘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.

12 ‘‘§ 2261. Interstate domestic violence

13 ‘‘(a) Whoever travels across a State line with the in14 tent to contact that person’s spouse or intimate partner,

15 and in the course of that contact intentionally commits

16 a crime of violence and thereby causes bodily injury to

17 such spouse or intimate partner, shall be punished as pro18 vided in subsection (b) of this section.

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

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

21 ‘‘(1) for life or any term of years, if the of22 fender murders the victim;
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1 ‘‘(2) for not more than 20 years, if the offender

2 causes serious bodily injury to the victim;

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

4 uses a dangerous weapon during the offense;

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

6 case;

7 or both such fine and imprisonment; and

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

9 that conduct is described under chapter 109A (with10 out regard to whether the offense was committed in

11 the maritime, territorial or prison jurisdiction of the

12 United States) by fine or term of imprisonment as

13 provided for the applicable conduct under chapter

14 109A.

15 ‘‘§ 2262. Violation of protection order

16 ‘‘(a) Whoever travels across a State line with the in17 tent to engage in conduct that—

18 ‘‘(1) violates a protection order; or

19 ‘‘(2) would violate such order if the conduct oc20 curred in the jurisdiction in which such order was is21 sued;

22 and does engage in such conduct shall be punished as pro23 vided in subsection (b) of this section.

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

25 of this section is a fine under this title, or imprisonment
43

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1 for not less than 3 months and not more than 3 years,

2 or both. Any term or imprisonment imposed under this

3 section shall be consecutive to any term imposed under

4 section 2261 with respect to the same criminal episode.

5 ‘‘§ 2263. Pretrial release of defendant

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

7 title for the purpose of determining whether a defendant

8 charged under this section shall be released pending trial,

9 or for the purpose of determining conditions of such re10 lease, the alleged victim shall be given an opportunity to

11 be heard regarding the danger posed by the defendant.

12 ‘‘§ 2264. Restitution

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

14 of imprisonment provided under this chapter, and notwith15 standing the terms of section 3663 of this title, the court

16 shall order restitution to the victim of an offense under

17 this chapter.

18 ‘‘(b) SCOPE AND NATURE OF ORDER.—

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

20 under this section shall direct that—

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

22 full amount of the victim’s losses as determined

23 by the court, pursuant to paragraph (3); and
44

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1 ‘‘(B) the United States Attorney enforce

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

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

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

6 any costs incurred by the victim for—

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

8 psychiatric, or psychological care;

9 ‘‘(B) physical and occupational therapy or

10 rehabilitation;

11 ‘‘(C) lost income;

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

14 ‘‘(E) temporary housing;

15 ‘‘(F) transportation;

16 ‘‘(H) necessary child care;

17 ‘‘(I) language translation services; and

18 ‘‘(J) any other losses suffered by the vic19 tim as a proximate result of the offense.

20 ‘‘(3) MANDATORY NATURE OF ORDER.—Res21 titution orders under this section are mandatory. A

22 court may not decline to issue an order under this

23 section because of—

24 ‘‘(A) the economic circumstances of the de25 fendant; or
45

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

2 to receive compensation for his or her injuries

3 from the proceeds of insurance.

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

6 ‘‘(A) IN GENERAL.—Notwithstanding the

7 terms of paragraph (3), the court may take into

8 account the economic circumstances of the de9 fendant in determining the manner in which

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

12 ‘‘(i) the financial resources and other

13 assets of the defendant;

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

16 and

17 ‘‘(iii) any financial obligations of the

18 offender, including obligations to depend19 ents.

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

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

23 partial payments at specified intervals. The

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

2 criminal fine ordered.

3 ‘‘(C) PAYMENT TO OTHER PROVIDER OF

4 COMPENSATION.—In the event that the victim

5 has recovered for any amount of loss through

6 the proceeds of insurance or any other source,

7 the order of restitution shall provide that res8 titution be paid to the person who provided the

9 compensation, but that restitution shall be paid

10 to the victim before any restitution is paid to

11 any other provider of compensation.

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

13 under this section shall be setoff against any amount

14 later recovered as compensatory damages by the vic15 tim from the defendant in—

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

17 ‘‘(B) any State civil proceeding, to the ex18 tent provided by the law of the State.

19 ‘‘(c) PROOF OF CLAIM.—

20 ‘‘(1) IN GENERAL.—Within 60 days after con21 viction and, in any event, no later than 10 days be22 fore sentencing, the United States Attorney (or such

23 Attorney’s delegee), after consulting with the victim,

24 shall prepare and file an affidavit with the court list25 ing the amounts subject to restitution under this
47

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1 section. The affidavit shall be signed by the United

2 States Attorney (or the delegee) and the victim.

3 Should the victim object to any of the information

4 included in the affidavit, the United States Attorney

5 (or the delegee) shall advise the victim that the vic6 tim may file a separate affidavit and assist the vic7 tim in the preparation of that affidavit.

8 ‘‘(2) OBJECTIONS.—If no objection is raised by

9 the defendant, the amounts attested to in the affida10 vit filed pursuant to subsection (1) shall be entered

11 in the court’s restitution order. If objection is raised,

12 the court may require the victim or the United

13 States Attorney (or such Attorney’s delegee) to sub14 mit further affidavits or other supporting docu15 ments, demonstrating the victim’s losses.

16 ‘‘(3) ADDITIONAL DOCUMENTATION OR TESTI17 MONY.—If the court concludes, after reviewing the

18 supporting documentation and considering the de19 fendant’s objections, that there is a substantial rea20 son for doubting the authenticity or veracity of the

21 records submitted, the court may require additional

22 documentation or hear testimony on those questions.

23 Any records filed, or testimony heard, pursuant to

24 this section, shall be in camera in the judge’s cham25 bers.
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1 ‘‘(4) FINAL DETERMINATION OF LOSSES.—In

2 the event that the victim’s losses are not ascertain3 able 10 days before sentencing as provided in sub4 section (c)(1), the United States Attorney (or such

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

6 the court shall set a date for the final determination

7 of the victims’s losses, not to exceed 90 days after

8 sentencing. If the victim subsequently discovers fur9 ther losses, the victim shall have 90 days after dis10 covery of those losses in which to petition the court

11 for an amended restitution order. Such order may be

12 granted only upon a showing of good cause for the

13 failure to include such losses in the initial claim for

14 restitutionary relief.

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

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

17 chapter shall not be a substitute for imposition of punish18 ment under sections 2261.

19 ‘‘(e) DEFINITIONS.—As used in this section, the term

20 ‘victim’ includes any person who has suffered direct phys21 ical, emotional, or pecuniary harm as a result of a commis22 sion of a crime under this chapter, including, in the case

23 of a victim who is under 18 years of age, incompetent,

24 incapacitated, or deceased, the legal guardian of the victim

25 or representative of the victim’s estate, another family
49

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1 member, or any other person appointed as suitable by the

2 court, except that in no event shall the defendant be

3 named as such representative or guardian.

4 ‘‘§ 2265. Full faith and credit given to protection or5 ders

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

7 order issued consistent with the terms of subsection (b)

8 by the court of one State (the issuing State) shall be ac9 corded full faith and credit by the court of another State

10 (the enforcing State) and enforced as if it were the order

11 of the enforcing State.

12 ‘‘(b) PROTECTION ORDER.—A protection order is13 sued by a State court is consistent with the provisions of

14 this section if—

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

16 and matter under the law of such State; and

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

18 heard is given to the person against whom the order

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

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

21 and opportunity to be heard must be provided within

22 the time required by State law, and in any event

23 within a reasonable time after the order is issued,

24 sufficient to protect the respondent’s due process

25 rights.
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1 ‘‘(c) CROSS OR COUNTER PETITION.—A protection

2 order issued by a State court against one who has peti3 tioned, filed a complaint, or otherwise filed a written

4 pleading for protection against abuse by a spouse or inti5 mate partner is not entitled to full faith and credit if—

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

7 other written pleading was filed seeking such a pro8 tection order; or

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

10 and the court did not make specific findings that

11 each party was entitled to such an order.

12 ‘‘§ 2266. Definitions for chapter

13 ‘‘As used in this chapter—

14 ‘‘(1) the term ‘spouse or intimate partner’ in15 cludes—

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

17 who shares a child in common with the abuser,

18 a person who cohabits or has cohabited with the

19 abuser as a spouse, and any other person simi20 larly submitted to a spouse; and

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

22 child, who is protected by the domestic or fam23 ily violence laws of the State in which the injury

24 occurred or where the victim resides;
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1 ‘‘(2) the term ‘protection order’ includes any in2 junction or other order issued for the purpose of

3 preventing violent or threatening acts by one spouse

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

5 partner, including temporary and final orders issued

6 by civil and criminal courts (other than support or

7 child custody orders) whether obtained by filing an

8 independent action or as a pendente lite order in an9 other proceeding so long as any civil order was is10 sued in response to a complaint, petition or motion

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

12 partner;

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

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

16 the United States; and

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

18 not include travel across State lines by an individual

19 who is a member of an Indian tribe when such indi20 vidual remains at all times in the territory of the In21 dian tribe of which the individual is a member.’’.

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

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

24 amended by inserting after the item for chapter 110 the

25 following:

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

2 Violence Cases

3 SEC. 221. ENCOURAGING ARREST POLICES.

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

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

6 et seq.) is amended by—

7 (1) redesignating part R as part S;

8 (2) redesignating section 1801 as section 1901;

9 and

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

11 ‘‘PART R—GRANTS TO ENCOURAGE ARREST

12 POLICIES

13 ‘‘SEC. 1801. ARREST POLICIES.

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

15 this part is to encourage States, Indian tribes, cities, and

16 other localities to treat domestic violence as a serious vio17 lation of criminal law. The Director of the Bureau of Jus18 tice Assistance may make grants to eligible States, Indian

19 tribes, municipalities, or local government entities for the

20 following:

21 ‘‘(1) to implement mandatory arrest or pro-ar22 rest programs, including mandatory arrest programs

23 for protective order violations;
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1 ‘‘(2) to develop policies, and training in police

2 departments to improve tracking of cases involving

3 domestic violence;

4 ‘‘(3) to centralize and coordinate police enforce5 ment, prosecution, or judicial responsibility for do6 mestic violence cases in groups or units of police of7 ficers, prosecutors, or judges;

8 ‘‘(4) to strengthen legal advocacy service pro9 grams for victims of domestic violence; and

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

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

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

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

16 ‘‘(A)(i) mandate arrest of spouse abusers

17 based on probable cause that violence has been

18 committed; or

19 ‘‘(ii) permit warrantless misdemeanor ar20 rests of spouse abusers and encourage the use

21 of that authority; and

22 ‘‘(B) mandate arrest of spouse abusers

23 who violate the terms of a valid and outstand24 ing protection order;
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1 ‘‘(2) demonstrate that their laws, policies, or

2 practices, and training programs discourage dual ar3 rests of abused and abuser and the increase in ar4 rest rates demonstrated pursuant to paragraph

5 (1)(A) is not the result of increased dual arrests;

6 and

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

9 of protection except in cases where both spouses file

10 a claim and the court makes detailed finding of fact

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

13 self-defense.

14 ‘‘SEC. 1802. APPLICATIONS.

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

16 an application to the Director that shall—

17 ‘‘(1) describe plans to implement policies de18 scribed in subsection (b);

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

20 agencies or offices responsible for carrying out the

21 program; and

22 ‘‘(3) include documentation from nonprofit,

23 nongovernmental sexual assault and domestic vio24 lence programs demonstrating their participation in

25 developing the application, and identifying such pro-
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1 grams in which such groups will be consulted for de2 velopment and implemention.

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

4 the Director shall give priority to an applicant that—

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

6 handling of cases involving spousal or family violence

7 by policy, prosecutors, and courts; and

8 ‘‘(2) demonstrates a commitment to strong en9 forcement of laws, and prosecution of cases, involv10 ing spousal or family violence.

11 ‘‘SEC. 1803. REPORTS.

12 ‘‘Each grantee receiving funds under this part shall

13 submit a report to the Director evaluating the effective14 ness of projects developed with funds provided under this

15 part and containing such additional information as the

16 Secretary may prescribe.

17 ‘‘SEC. 1804. DEFINITIONS.

18 ‘‘For purposes of this part—

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

20 of violence committed by a current or former spouse

21 of the victim, an individual with whom the victim

22 shares a child in common, an individual who cohab23 its with or has cohabited with the victim as a

24 spouse, or any other individual similarly situated to

25 a spouse, or any other person who is protected under
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1 the domestic or family violence laws of the eligible

2 State, Indian tribe, municipality, or local govern3 ment entity.

4 ‘‘(2) the term ‘protector order’ includes any in5 junction issued for the purpose of preventing violent

6 or threatening acts of domestic violence including

7 temporary and final orders issued by civil and crimi8 nal courts (other than support or child custody pro9 visions) whether obtained by filing an independent

10 action or as a pendente lite order in another pro11 ceeding; and

12 ‘‘SEC. 1805. AUTHORIZATION OF APPROPRIATIONS.

13 ‘‘There are authorized to be appropriated

14 $25,000,000 for each of the fiscal years 1994, 1995, and

15 1996 to carry out the purposes of this part.’’.

16 (b) EFFECTIVE DATE.—The eligibility requirements

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

18 date of enactment of this section.

19 (c) CONFORMING AMENDMENT.—The table of con20 tents of title I of the Omnibus Crime Control and Safe

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

22 by striking the matter relating to part R and inserting

23 the following:

‘‘PART R—GRANTS TO ENCOURAGE ARREST POLICIES

‘‘Sec. 1801. Arrest Policies.

‘‘Sec. 1802. Applications.

‘‘Sec. 1803. Reports.
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‘‘Sec. 1804. Authorization of Appropriations.

‘‘PART S—TRANSITION; EFFECTIVE DATE; REPEALER

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

1 Subtitle C—Safe Homes for

2 Immigrant Women

3 SEC. 231. SAFE HOMES FOR IMMIGRAMT WOMEN.

4 (a) ABUSED ALIEN FAMILY MEMBER DEFINED.—

5 Section 101(a) of the Immigration and Nationality Act (8

6 U.S.C. 1101(a)) is amended by adding at the end the fol7 lowing new paragraph:

8 ‘‘(47)(A) The term ‘abused’ means having been bat9 tered or subjected to extreme cruelty, including intimida10 tion and including, additionally in the case of a child, hav11 ing been abondoned.

12 ‘‘(B) The term ‘abused alien family member’ means

13 an alien who—

14 ‘‘(i) is the spouse or child of a citizen of the

15 United States or an alien lawfully admitted for per16 manent residence and has been abused by such citi17 zen or permanent resident;

18 ‘‘(ii) is the spouse of a citizen of the United

19 States or of an alien lawfully admitted for perma20 nent residence whose child has been abused by such

21 citizen or permanent resident parent.

22 ‘‘(C) The term ‘citizen or resident abuser’ means a

23 citizen of the United States or an lien lawfully admitted
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1 for permanent residence who abuses an abused alien fam2 ily member (as defined in subparagraph (B)).’’.

3 (b) RIGHT TO SELF-PETITION.—Section 204(a)(1) of

4 such Act (8 U.S.C. 1154(a)(1)) is amended—

5 (1) in subparagraph (A)—

6 (A) by striking ‘‘citizen of the United

7 States claiming that an alien’’ and inserting

8 ‘‘alien (or in the case of an alien under 21

9 years of age, a parent or custodian of the alien)

10 claiming that the alien’’,

11 (B) by inserting ‘‘(2),’’ after ‘‘(1),’’, and

12 (C) by striking the second sentence and in13 serting the following: ‘‘A petition filed under

14 this subparagraph may only be withdrawn by

15 the beneficiary or self-petitioner.’’;

16 (2) by striking subparagraph (B); and

17 (3) by redesignating subparagraphs (C) through

18 (G) as subparagraphs (B) through (F), respectively.

19 (c) SURVIVAL RIGHTS TO PETITION FOR ABUSED

20 ALIEN FAMILY MEMBERS.—Section 204 of such Act (8

21 U.S.C. 1154) is amended by adding at the end the follow22 ing new subsection:

23 ‘‘(h) SURVIVAL RIGHTS FOR ABUSED ALIEN FAMILY

24 MEMBERS.—An abused alien family member shall be con25 sidered, for the purpose of section 201(b)(2)(A)(i) or
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1 203(a)(2), as the case may be, to remain the spouse or

2 child of a citizen or resident abuser after the legal termi3 nation of the marriage through which the member seeks

4 immigrant status, but only if the member files a petition

5 under section 204(a)(1)(A) within two years after the date

6 of such legal termination (or, in the case of a child and

7 if later, within 2 years after the date the child reaches

8 the age of 21) and only, in the case of a former spouse,

9 until the date the former spouse remarries. Such legal ter10 mination shall not be a basis for revocation of a petition

11 under section 205.’’.

12 (d) STAY OF DEPORTATION AND WORK AUTHORIZA13 TION FOR ABUSED ALIEN FAMILY MEMBERS.—

14 (1) IN GENERAL.—The Immigration and Na15 tionality Act is amended by inserting after section

16 244A the following new section:

17 ‘‘STAY OF DEPORTATION AND WORK AUTHORIZATION FOR

18 ABUSED ALIEN FAMILY MEMBERS

19 ‘‘SEC. 244B. (a) IN GENERAL.—An abused alien

20 family member in the United States who has not been law21 fully admitted for permanent residence and who dem22 onstrates that there are reasonable grounds to believe that

23 the alien or the alien’s child is being abused by a citizen

24 or resident abuser—

25 ‘‘(1) may not be deported or otherwise required

26 to depart from the United States on a ground speci-
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1 fied in paragraph (1)(A), (1)(B), (1)(C), or (3)(A)

2 of section 241(a) (other than so much of section

3 241(a)(12)(A) as relates to a ground of exclusion de4 scribed in paragraph (2) or (3) of section 212(a)),

5 and

6 ‘‘(2) shall be granted authorization to engage in

7 employment in the United States,

8 until such time as an immigrant visa is available and the

9 alien’s application for adjustment of status under section

10 245 has been finally adjudicated by the Attorney General.

11 ‘‘(b) FRAUDULENT CLAIMS.—The Attorney General

12 may revoke the work authorization of, and initiate depor13 tation proceedings against, any alien who has fraudulently

14 made a claim to be an abused alien family member, if the

15 alien has received notice of intent to revoke and has a rea16 sonable opportunity to rebut evidence supporting the rev17 ocation.’’.

18 (2) CLERICAL AMENDMENT.—The table of con19 tents of such Act is amended by inserting after the

20 item relating to section 244 the following new item:

‘‘Sec. 244B. Stay of deportation and work authorization for abused alien family

members.’’.

21 (e) RULES FOR ADJUSTMENT OF STATUS FOR

22 ABUSED ALIEN FAMILY MEMBERS.—Section 245 of such

23 Act (8 U.S.C. 1255) is amended by adding at the end the

24 following new subsection:
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1 ‘‘(i) In applying this section to an abused alien family

2 member (as defined in section 101(a)(47)(B)) who has

3 filed a petition under section 204(a)(1)(A)—

4 ‘‘(1) the alien shall be deemed (if not otherwise

5 inspected and admitted or paroled into the United

6 States) for purposes of subsection (a) to have been

7 inspected and admitted into the United States,

8 ‘‘(2) clauses (2) through (4) of subsection (c)

9 shall not apply, and

10 ‘‘(3) subsection (d) shall not apply.’’.

11 (f) EVIDENCE.—

12 (1) BATTERED SPOUSAL WAIVER APPLICA13 TIONS.—Section 216(c)(4) of such Act (8 U.S.C.

14 1186a(c)(4)) is amended by adding at the end the

15 following: ‘‘In acting on an application under this

16 paragraph, the Attorney General may not require

17 that the application be supported by an evaluation of

18 a licensed mental health professional, but must con19 sider and evaluate all evidence submitted. Once it

20 has been determined that an applicant is an abused

21 alien family member, the Attorney General shall

22 grant the member’s application.’’.

23 (2) APPLICATIONS FOR STAY OF DEPORTATION

24 AND WORK AUTHORIZATION.—Section 244B of such
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1 Act, as inserted by subsection (d)(1), is amended by

2 adding at the end the following new subsection:

3 ‘‘(c) The last two sentences of section 216(c)(4) shall

4 apply to applications for relief under this section in the

5 same manner as it applies to relief under section

6 216(c)(4).’’.

7 (g) DUE PROCESS RIGHTS RELATING TO DENIALS

8 OF APPLICATIONS BY ABUSED ALIEN FAMILY MEM9 BERS.—

10 (1) BATTERED SPOUSAL WAIVER APPLI11 CANTS.—Section 216(d) of such Act (8 U.S.C.

12 1186a(d)) is amended by adding at the end the fol13 lowing new paragraph:

14 ‘‘(4) DUE PROCESS RIGHTS FOR BATTERED

15 SPOUSE WAIVER APPLICANTS.—The Attorney Gen16 eral shall not deny an application under subpara17 graph (B) or (C) of subsection (c)(4) unless the ap18 plicant has had an opportunity to present any evi19 dence and witnesses in support of the application

20 and to confront any adverse evidence at a hearing

21 convened solely for the purpose of establishing the

22 facts described in the respective subparagraph.’’.

23 (2) RIGHT OF REVIEW FOR ABUSED ALIEN

24 FAMILY MEMBERS IN DEPORTATION AND EXCLUSION

25 PROCEEDINGS.—(A) Section 242 of such Act (8
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1 U.S.C. 1252) is amended by adding at the end the

2 following new subsection:

3 ‘‘(j) Any abused alien family member whose petition

4 or application was denied or revoked under section 204,

5 205, 244B, or 245 may request a review of such deter6 mination in a proceeding to exclude the alien under section

7 236 or to deport the alien under this section. Any such

8 review shall be in addition to any other review provided

9 by regulation or statute.’’.

10 (h) EFFECTIVE DATES.—

11 (1) IN GENERAL.—Except as otherwise pro12 vided in this subsection, the amendments made by

13 this section shall take effect on the date of the en14 actment of this Act.

15 (2) CONVERSION OF CURRENT PETITIONS.—

16 Any petition for classification under subparagraph

17 (A) or (B) of section 204(a)(1) of the Immigration

18 and Nationality Act filed on a date before the date

19 of the enactment of this Act for the benefit of an

20 alien shall be deemed to be a petition filed by such

21 alien on such date under section 204(a)(1)(A) of

22 such Act (as amended by this section).

23 (3) SURVIVAL RIGHTS.—The amendments made

24 by subsection (c) shall apply to legal terminations of
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1 marriages that occur before, on, or after the date of

2 the enactment of this Act.

3 (4) EVIDENCE AND DUE PROCESS.—The

4 amendments made by subsections (f) and (g)(1)

5 shall apply to applications made before, on, or after

6 the date of the enactment of this Act.

7 (5) RIGHT TO REVIEW IN DEPORTATION AND

8 EXCLUSIONS.—The amendment made by subsection

9 (g)(2) shall apply to deportation proceedings in

10 which a final order has not been entered before the

11 date of the enactment of this Act.

12 Subtitle D—Confidentiality for

13 Abused Persons

14 SEC. 261. CONFIDENTIALITY FOR ABUSED PERSONS.

15 No later than 90 days after the enactment of this

16 Act, the Postmaster General shall promulgate regulations

17 to secure the confidentiality of abused persons’ addresses

18 or otherwise prohibit the disclosure of an abused person’s

19 address consistent with the following:

20 (1) Confidentiality shall be provided upon the

21 presentation to an appropriate postal official of an

22 existing and valid court order for the protection of

23 an abused spouse, or upon an affidavit containing a

24 statement that an address or organization is a do25 mestic violence shelter or service provider and a let-
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1 ter from the State coalition for domestic violence in

2 that State confirming such statement.

3 (2) Disclosure of addresses to State or Federal

4 agencies for legitimate law enforcement or other gov5 ernmental purposes shall not be prohibited.

6 (3) Compilations of addresses existing at the

7 time the order is presented to an appropriate postal

8 official shall be excluded from the scope of the pro9 posed regulations.

10 TITLE III—CIVIL RIGHTS

11 SEC. 301. CIVIL RIGHTS.

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

13 (1) crimes motivated by the victim’s gender

14 constitute bias crimes in violation of the victim’s

15 right to be free from discrimination on the basis of

16 gender;

17 (2) current law provides a civil rights remedy

18 for gender crimes committed in the workplace, but

19 not for gender crimes committed on the street or in

20 the home; and

21 (3) State and Federal criminal laws do not ade22 quately protect against the bias element of gender

23 crimes, which separates these crimes from acts of

24 random violence, nor do they adequately provide vic25 tims the opportunity to vindicate their interests.
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1 (b) RIGHTS.—All individuals within the United

2 States, and the special maritime and territorial jurisdic3 tion of the United States, shall have the right to be free

4 from crimes of violence motivated by the victim’s gender.

5 (c) CLAIM.—Any person, including a person who acts

6 under color of any statute, ordinance, regulation, custom,

7 or usage of any State, who deprives an individual of the

8 right secured by subsection (b) shall be liable to the indi9 vidual injured, in a civil action, for compensatory dam10 ages, punitive damages, injunctive relief, declaratory re11 lief, or any combination thereof.

12 (d) LIMITATION, PROCEDURE, AND RULE OF CON13 STRUCTION.—

14 (1) LIMITATION.—Nothing in this section enti15 tles an individual to a claim under subsection (c) for

16 random acts of violence unrelated to gender or for

17 acts that cannot be demonstrated, by a preponder18 ance of the evidence, to be motivated by gender.

19 (2) NO PRIOR CRIMINAL ACTION.—Nothing in

20 this section requires a prior criminal complaint,

21 prosecution, or conviction to establish the necessary

22 elements of a claim under subsection (c).

23 (3) RULE OF CONSTRUCTION.—Neither section

24 1367 of title 28 of the United States Code nor sub25 section (c) of this section shall be construed, by rea-
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1 son of a claim arising under such subsection, to con2 fer on the courts of the United States jurisdiction of

3 any State law claim seeking the establishment of a

4 divorce, alimony, or child custody decree.

5 (e) DEFINITIONS.—For purposes of this section—

6 (1) the term ‘‘crime of violence motivated by

7 the victim’s gender’’ means—

8 (A) a crime of violence that is rape (ex9 cluding conduct that is characterized as rape

10 solely by virtue of the ages of the participants),

11 sexual assault, sexual abuse, or abusive sexual

12 contact; or

13 (B) any other crime of violence committed

14 because of the gender, or on the basis of gen15 der, of the victim;

16 (2) the term ‘‘crime of violence’’ means—

17 (A) a State or Federal offense that—

18 (i) is of a kind described in section 16

19 of title 18, United States Code; and

20 (ii) may be punished by a maximum

21 term of imprisonment exceeding one year;

22 or

23 (B) any action taken that would constitute

24 such offense but for the relationship between
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1 the person who takes such action and the indi2 vidual against whom such action is taken;

3 whether or not such offense or such action results in

4 criminal charges, prosecution, or conviction; and

5 (3) the term ‘‘special maritime and territorial

6 jurisdiction of the United States’’ has the meaning

7 given such term in section 7 of title 18, United

8 States Code.

9 (f) LIMITATION ON REMOVAL.—Section 1445 of title

10 28, United States Code, is amended by adding at the end

11 the following:

12 ‘‘(d) A civil action in any State court arising under

13 section 301 of Violence Against Women Act of 1993 may

14 not be removed to any district court of the United

15 States.’’.

16 TITLE IV—EQUAL JUSTICE FOR

17 WOMEN IN THE COURTS

18 Subtitle A—New Evidentiary Rules

19 SEC. 401. INTERLOCUTORY APPEAL.

20 Rule 412 of the Federal Rules of Evidence is amend21 ed by adding at the end the following:

22 ‘‘(e) INTERLOCUTORY APPEAL.—Notwithstanding

23 any other law, any evidentiary rulings made pursuant to

24 this rule are subject to interlocutory appeal by the govern25 ment.’’.
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1 SEC. 402. SEXUAL HISTORY IN ALL CIRMINAL CASES.

2 The Federal Rules of Evidence are amended by in3 serting after rule 412 the following new rule:

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

5 other criminal cases

6 ‘‘(a) Notwithstanding any other provision of law, in

7 a criminal case, other than a sex offense case governed

8 by rule 412, reputation or opinion evidence of the past

9 sexual behavior of an alleged victim is not admissible.

10 ‘‘(b) Notwithstanding any other provision of law, in

11 a criminal case, other than a sex offense case governed

12 by rule 412, evidence of an alleged victim’s past sexual

13 behavior (other than reputation and opinion evidence) may

14 be admissible if—

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

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

17 ‘‘(2) the probative value of the evidence out18 weighs the danger of unfair prejudice.

19 ‘‘(c)(1) If the defendant intends to offer evidence of

20 specific instances of the alleged victim’s past sexual behav21 ior, the defendant shall make a written motion to offer

22 such evidence not later than 15 days before the date on

23 which the trial in which such evidence is to be offered is

24 scheduled to begin, except that the court may allow the

25 motion to be made at a later date, including during trial,

26 if the court determines either that the evidence is newly
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1 discovered and could not have been obtained earlier

2 through the exercise of due diligence or that the issue to

3 which such evidence relates has newly arisen in the case.

4 Any motion made under this paragraph shall be served

5 on all other parties and on the alleged victim.

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

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

8 court shall order a hearing in chambers to determine if

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

10 may call witnesses, including the alleged victim and offer

11 relevant evidence. Notwithstanding subdivision (b) of rule

12 104, if the relevancy of the evidence which the defendant

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

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

15 or at a subsequent hearing in chambers scheduled for such

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

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

18 ‘‘(3) If the court determines on the basis of the hear19 ing described in paragraph (2) that the evidence that the

20 defendant seeks to offer is relevant and that the probative

21 value of such evidence outweighs the danger of unfair prej22 udice such evidence shall be admissible in the trial to the

23 extent an order made by the court specifies the evidence

24 which may be offered and areas with respect to which the

25 alleged victim may be examined or cross-examined. In its
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1 order, the court should consider (A) the chain of reasoning

2 leading to its finding of relevance, and (B) why the pro3 bative value of the evidence outweighs the danger of unfair

4 prejudice given the potential of the evidence to humiliate

5 and embarrass the alleged victim and to result in unfair

6 or biased jury inferences.’’.

7 SEC. 403. SEXUAL HISTORY IN CIVIL CASES.

8 The Federal Rules of Evidence, as amended by sec9 tion 402 of this Act, are amended by adding after rule

10 412A the following new rule:

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

12 cases

13 ‘‘(a) Notwithstanding any other provision of law, in

14 a civil case in which a defendant is accused of actionable

15 sexual misconduct, as defined in subdivision (d), reputa16 tion or opinion evidence of the plaintiff’s past sexual be17 havior is not admissible.

18 ‘‘(b) Notwithstanding any other provision of law, in

19 a civil case in which a defendant is accused of actionable

20 sexual misconduct, as defined in subdivision (d), evidence

21 of a plaintiff’s past sexual behavior other than reputation

22 or opinion evidence may be admissible if—

23 ‘‘(1) admitted in accordance with the proce24 dures specified in subdivision (c); and
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1 ‘‘(2) the probative value of such evidence out2 weighs the danger of unfair prejudice.

3 ‘‘(c)(1) If the defendant intends to offer evidence of

4 specific instances of the plaintiff’s past sexual behavior,

5 the defendant shall make a written motion to offer such

6 evidence not later than 15 days before the date on which

7 the trial in which such evidence is to be offered is sched8 uled to begin, except that the court may allow the motion

9 to be made at a later date, including during trial, if the

10 court determines either that the evidence is newly discov11 ered and could not have been obtained earlier through the

12 exercise of due diligence or that the issue to which such

13 evidence relates has newly arisen in the case. Any motion

14 made under this paragraph shall be served on all other

15 parties and on the plaintiff.

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

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

18 court shall order a hearing in chambers to determine if

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

20 may call witnesses, including the plaintiff and offer rel21 evant evidence. Notwithstanding subdivision (b) of rule

22 104, if the relevancy of the evidence which the defendant

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

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

25 or at a subsequent hearing in chambers scheduled for such
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1 purpose, shall accept evidence on the issue of whether such

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

3 ‘‘(3) If the court determines on the basis of the hear4 ing described in paragraph (2) that the evidence that the

5 defendant seeks to offer is relevant and that the probative

6 value of such evidence outweighs the danger of unfair prej7 udice, such evidence shall be admissible in the trial to the

8 extent an order made by the court specifies evidence which

9 may be offered and areas with respect to which the plain10 tiff may be examined or cross-examined. In its order, the

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

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

13 of the evidence outweighs the danger of unfair prejudice

14 given the potential of the evidence to humiliate and embar15 rass the alleged victim and to result in unfair or biased

16 jury inferences.

17 ‘‘(d) For purposes of this rule, a case involving a

18 claim of actionable sexual misconduct, includes, but is not

19 limited to, sex harassment or discrimination claims

20 brought under title VII of the Civil Rights Act of 1964

21 (42 U.S.C. 2000(e)) and claims under section 301 of the

22 Violence Against Women Act of 1993.’’.
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1 SEC. 404. EVIDENCE OF CLOTHING.

2 The Federal Rules of Evidence, as amended by sec3 tions 402 and 403 of this Act, are amended by adding

4 after rule 412B the following new rule:

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

6 violence

7 ‘‘Notwithstanding any other provision of law, in a

8 criminal case in which a person is accused of an offense

9 under chapter 109A of title 18, United States Code, evi10 dence of an alleged victim’s clothing is not admissible to

11 show that the alleged victim incited or invited the offense

12 charged.’’.

13 Subtitle B—Education and Train14 ing for Judges and Court Per15 sonnel in State Courts

16 SEC. 411. GRANTS AUTHORIZED

17 The State Justice Institute is authorized to award

18 grants for the purpose of developing, testing presenting,

19 and disseminating model programs to be used by States

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

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

22 other crimes of violence motivated by the victim’s gender.

23 SEC. 412. TRAINING PROVIDED BY GRANTS.

24 Training provided pursuant to grants made under

25 this subtitle may include current information, existing

26 studies, or current data on—
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1 (1) the nature and incidence of rape and sexual

2 assault by strangers and nonstrangers, marital rape,

3 and incest;

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

5 and child sexual abuse;

6 (3) the physical, psychological, and economic

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

8 costs to society, and the implications for sentencing;

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

10 rate of recidivism, and the implications for sentenc11 ing;

12 (5) the historical evolution of laws and attitudes

13 on rape and sexual assault;

14 (6) sex stereotyping of female and male victims

15 of rape and sexual assault, racial stereotyping of

16 rape victims and defendants, and the impact of such

17 stereotypes on credibility of witnesses, sentencing,

18 and other aspects of the administration of justice;

19 (7) application of rape shield laws and other

20 limits on introduction of evidence that may subject

21 victims to improper sex stereotyping and harassment

22 in both rape and nonrape cases, including the need

23 for sua sponte judicial intervention in inappropriate

24 cross-examination;
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1 (8) the use of expert witness testimony on rape

2 trauma syndrome, child sexual abuse accommodation

3 syndrome, post-traumatic stress syndrome, and simi4 lar issues;

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

6 sexual assault, domestic violence, and incest may

7 refuse to testify against a defendant;

8 (10) the nature and incidence of domestic vio9 lence;

10 (11) the physical, psychological, and economic

11 impact of domestic violence on the victim, the costs

12 to society, and the implications for court procedures

13 and sentencing;

14 (12) the psychology and self-presentation of

15 batterers and victims and the negative implications

16 for court proceedings and credibility of witnesses;

17 (13) sex stereotyping of female and male vic18 tims of domestic violence, myths about presence or

19 absence of domestic violence in certain racial, ethnic,

20 religious, or socioeconomic groups, and their impact

21 on the administration of justice;

22 (14) historical evolution of laws and attitudes

23 on domestic violence;

24 (15) proper and improper interpretations of the

25 defenses of self-defense and provocation, and the use
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1 of expert witness testimony on battered woman syn2 drome;

3 (16) the likelihood of retaliation, recidivism,

4 and escalation of violence by batterers, and the po5 tential impact of incarceration and other meaningful

6 sanctions for acts of domestic violence including vio7 lations of orders of protection;

8 (17) economic, psychological, social and institu9 tional reasons for victims’ inability to leave the

10 batterer, to report domestic violence or to follow

11 through on complaints, including the influence of

12 lack of support from police, judges, and court per13 sonnel, and the legitimate reasons why victims of do14 mestic violence may refuse to testify against a de15 fendant and should not be held in contempt;

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

17 negative implications of mutual orders of protection,

18 dual arrest policies, and mediation in domestic vio19 lence cases;

20 (19) recognition of and response to gender-mo21 tivated crimes of violence other than rape, sexual as22 sault and domestic violence, such as mass or serial

23 murder motivated by the gender of the victims; and
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1 (20) current information on the impact of por2 nography on crimes against women, or data on other

3 activities that tend to degrade women.

4 SEC. 413. COOPERATION IN DEVELOPING PROGRAMS.

5 The State Justice Institute shall ensure that model

6 programs carried out pursuant to grants made under this

7 subtitle are developed with the participation of law en8 forcement officials, public and private nonprofit victim ad9 vocates, legal experts, prosecutors, defense attorneys, and

10 recognized experts on gender bias in the courts.

11 SEC. 414. AUTHORIZATION OF APPROPRIATIONS.

12 There is authorized to be appropriated for fiscal year

13 1994, $600,000 to carry out the purposes of this subtitle.

14 Of amounts appropriated under this section, the State

15 Justice Institute shall expend no less than 40 percent on

16 model programs regarding domestic violence and no less

17 than 40 percent on model programs regarding rape and

18 sexual assault.

19 Subtitle C—Education and Train20 ing for Judges and Court Per21 sonnel in Federal Courts

22 SEC. 421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU23 CATION AND TRAINING GRANTS.

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

25 of the nature and the extent of gender bias in the Federal
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1 courts, the circuit judicial councils shall conduct studies

2 of the instances of gender bias in their respective circuits.

3 The studies may include an examination of the effects of

4 gender on—

5 (1) the treatment of litigants, witnesses, attor6 neys, jurors, and judges in the courts, including be7 fore magistrate and bankruptcy judges;

8 (2) the interpretation and application of the

9 law, both civil and criminal;

10 (3) treatment of defendants in criminal cases;

11 (4) treatment of victims of violent crimes;

12 (5) sentencing;

13 (6) sentencing alternatives, facilities for incar14 ceration, and the nature of supervision of probation

15 and parole;

16 (7) appointments to committees of the Judicial

17 Conference and the courts;

18 (8) case management and court sponsored al19 ternative dispute resolution programs;

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

21 treatment of employees;

22 (10) appointment of arbitrators, experts, and

23 special masters; and
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1 (11) the aspects of the topics listed in section

2 403 that pertain to issues within the jurisdiction of

3 the Federal courts.

4 (b) CLEARINGHOUSE.—The Judicial Conference of

5 the United States shall designate an entity within the Ju6 dicial branch to act as a clearinghouse to disseminate any

7 reports and materials issued by the gender bias task forces

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

9 reports and materials. The gender bias task forces shall

10 provide this entity with their reports and related material.

11 (c) MODEL PROGRAMS.—The Federal Judicial Cen12 ter, in carrying out section 620(b)(3) of title 28, United

13 States Code, shall—

14 (1) include in the educational programs it pre15 sents and prepares, including the training programs

16 for newly appointed judges, information on issues re17 lated to gender bias in the courts including such

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

19 other topics as the Federal Judicial Center deems

20 appropriate;

21 (2) prepare materials necessary to implement

22 this subsection; and

23 (3) take into consideration the findings and rec24 ommendations of the studies conducted pursuant to

25 subsection (a), and to consult with individuals and
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1 groups with relevant expertise in gender bias issues

2 as it prepares or revises such materials.

3 SEC. 422. AUTHORIZATION OF APPROPRIATIONS.

4 (a) IN GENERAL.—There is authorized to be appro5 priated—

6 (1) $600,000 to the Salaries and Expenses Ac7 count of the Courts of Appeals, District Courts, and

8 other Judicial Services, to carry out section 421(a),

9 to be available until expended through fiscal year

10 1994;

11 (2) $100,000 to the Federal Judicial Center to

12 carry out section 421(c) and any activities des13 ignated by the Judicial Conference under section

14 421(b); and

15 (3) such sums as are necessary to the Adminis16 trative Office of the United States Courts to carry

17 out any activities designated by the Judicial Con18 ference under section 421(b).

19 (b) THE JUDICIAL CONFERENCE OF THE UNITED

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

21 States Courts shall allocate funds to Federal circuit courts

22 under this subtitle that—

23 (A) undertake studies in their own circuits; or
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1 (B) implement reforms recommended as a re2 sult of such studies in their own or other circuits,

3 including education and training.

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

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

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

7 6 months after the date on which funds authorized under

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

9 that have received funds may reapply for additional funds,

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

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