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women and children served and the extent to which
shelter staff have training or contact with profes-
sionals in fields of child development, collecting in-
formation on shelters that provide on-site child care
or have collaborative relationships with nearby child
care providers, and examining relationships between
shelters and nearby schools attended by children
using shelter services.
‘‘(11) Other such research as may be deter-
mined by the Task Force established under section
40902 in consultation with domestic violence and
sexual assault advocates, coalitions, national experts,
and researchers.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated $4,500,000 for each of
fiscal years 2000, 2001, and 2002 to carry out this sec-
tion.
‘‘SEC. 40905. SENTENCING STUDY.
‘‘The United States Sentencing Commission shall
study the following and issue a report to Congress:
‘‘(1) The sentences given to persons incarcer-
ated in Federal and State prison for assault or
homicide in which the relationship of the inmate to
the victim was that of spouse, former spouse, or inti-
mate partner.
348
‘‘(2) The role of the use of illicit drugs and al-
cohol in sentencing imposed for domestic violence of-
fenses involving assault or homicide.
‘‘(3) The extent to which acts of domestic vio-
lence, including coercion, committed against a de-
fendant, may have played a role in the commission
of the assault or homicide offense.
‘‘(4) The role of race, ethnicity, socioeconomic
status, gender, geographic location, age, language,
sexual orientation, disability, or any other relevant
factors that would enhance understanding of the
problem.
‘‘(5) Recommendations that would provide for a
downward adjustment in applicable sentencing
guidelines’ determinations with respect to the of-
fenses described in this section.
‘‘SEC. 40906. RESEARCH ON PREGNANCY AND SEXUAL AS-
SAULT.
‘‘(a) PURPOSES.—The Secretary of Health and
Human Services, in conjunction with the Attorney Gen-
eral, shall award grants to nonprofit, nongovernmental en-
tities, including sexual assault organizations, research or-
ganizations, tribal organizations, and academic institu-
tions, to gather qualitative and quantitative data on the
experiences of women and girls, within State and tribal
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health care, judicial, and social services systems, whose
pregnancy resulted from a rape or sexual assault.
‘‘(b) USE OF FUNDS.—Research funded by a grant
under subsection (a) shall include the following issues:
‘‘(1) The incidence and prevalence of pregnancy
resulting from rape or sexual assault, including the
ages of the victim and perpetrator and the relation-
ship of the perpetrator to the victim (such as blood
relation, acquaintance, intimate partner, spouse,
household member, etc.).
‘‘(2) The degree to which State and tribal adop-
tion, child custody, visitation, child support, parental
termination, and child welfare criminal justice laws
and policies serve the needs of women and girls
whose pregnancy resulted from a rape or sexual as-
sault.
‘‘(3) The impact of State and tribal social serv-
ices rules, policies, and procedures on women and
girls whose pregnancy resulted from a rape or sexual
assault and the children born as a result of such
rape or sexual assault. Such rules, policies, and pro-
cedures shall include paternity establishment, family
cap, medicaid, and other health benefits.
‘‘(4) The availability of public or private legal,
medical, mental health, counseling, financial, and
350
other forms of assistance to women and girls whose
pregnancy resulted from a rape or sexual assault
and the children born as a result of such rape or
sexual assault, including the extent to which racial,
ethnic, language, geographic, alienage status, dis-
ability, sexual orientation, or socioeconomic barriers
exist in accessing assistance for such women and
girls.
‘‘(5) Recommendations for improvements in
State and tribal health care, judicial, and social serv-
ices systems to address the needs of women and girls
whose pregnancy resulted from rape or sexual as-
sault and the children born as a result of such rape
or sexual assault.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$500,000 for fiscal year 2000.
‘‘SEC. 40907. STATUS REPORT ON LAWS REGARDING RAPE
AND SEXUAL ASSAULT OFFENSES.
‘‘(a) STUDY.—The Attorney General, in consultation
with national, State, tribal, and local domestic violence
and sexual assault coalitions and programs, including na-
tionally and tribally recognized experts on sexual assault,
the judiciary, the legal profession, psychological associa-
tions, and sex offender treatment providers, shall conduct
351
a national study to examine the status, implementation,
and effectiveness of the laws with respect to rape and sex-
ual assault offenses in addressing such crimes and protect-
ing the victims of such crimes. The Attorney General may
use the Bureau of Justice Statistics, the National Insti-
tute of Justice, the Bureau of Indian Affairs, and the Of-
fice for Victims of Crime in carrying out the purposes of
this section.
‘‘(b) REPORT.—Based on the study required under
subsection (a), the Attorney General shall prepare a report
analyzing the uniformity of Federal, State, and tribal rape
and sexual assault laws, including sex offenses committed
against children, and the comparative effectiveness of such
laws in prosecuting the crimes of rape and sexual assault.
The report shall address—
‘‘(1) the definitions of rape and sexual assault,
and any exceptions, including marital rape excep-
tions and any downgrading provisions;
‘‘(2) the element of consent and coercive con-
duct, including deceit;
‘‘(3) the element of physical resistance and af-
firmative nonconsent as a precondition for convic-
tion;
‘‘(4) the element of force, including penetration
as an aggravating factor and the use of coercion;
352
‘‘(5) evidentiary matters, including—
‘‘(A) inferences, including the timeliness of
the complaint under the Model Penal Code;
‘‘(B) posttraumatic stress disorder (includ-
ing rape trauma syndrome) and the relevancy,
scope, and admissibility of such evidence;
‘‘(C) rape shield laws, including in camera
evidentiary determinations;
‘‘(D) prior bad acts;
‘‘(E) corroboration requirements and cau-
tionary jury instructions; and
‘‘(F) the use of victim polygraphs, voice
analysis, and other truth-assessment devices;
‘‘(6) the existence of special rules for rape and
sexual assault offenses;
‘‘(7) the use of experts;
‘‘(8) sentencing, including—
‘‘(A) plea bargains;
‘‘(B) presentence reports;
‘‘(C) recidivism and remorse;
‘‘(D) adolescents;
‘‘(E) psychological injuries;
‘‘(F) gravity of crime and trauma to vic-
tims; and
‘‘(G) race;