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(3) an assessment by State and Federal judges,
prosecutors, and defense attorneys on the effects that
evidence of battered women’s syndrome may have in
criminal trials.
SEC. 2965. WIRETAPS.
Section 2511(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of paragraph (c);
(2) by inserting ‘‘or’’ at the end of paragraph
(d); and
(3) by adding after paragraph (d) the following
new paragraph:
‘‘(e)(i) intentionally discloses, or endeavors to
disclose, to any other person the contents of any wire,
oral, or electronic communication, intercepted by
means authorized by sections 2511(2)(A)(ii), 2511(b)–
(c), 2511(e), 2516, and 2518 of this subchapter, (ii)
knowing or having reason to know that the informa-
tion was obtained through the interception of such a
communication in connection with a criminal inves-
tigation, (iii) having obtained or received the infor-
mation in connection with a criminal investigation,
(iv) with intent to improperly obstruct, impede, or
interfere with a duly authorized criminal investiga-
tion,’’.
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SEC. 2966. THEFT OF MAJOR ARTWORK.
(a) OFFENSE.—Chapter 31 of title 18, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 668. Theft of major artwork
‘‘(a) DEFINITIONS.—In this section—
‘‘ ‘museum’ means an organized and permanent
institution, the activities of which affect interstate or
foreign commerce, that—
‘‘(A) is situated in the United States;
‘‘(B) is established for an essentially edu-
cational or aesthetic purpose;
‘‘(C) has a professional staff; and
‘‘(D) owns, utilizes, and cares for tangible
objects that are exhibited to the public on a regu-
lar schedule.
‘‘ ‘object of cultural heritage’ means an object of
art or cultural significance that is registered with the
International Foundation for Art Research or an
equivalent registry.’’.
‘‘(b) OFFENSES.—A person who—
‘‘(1) steals or obtains by fraud from the care,
custody, or control of a museum any object of cultural
heritage; or
‘‘(2) knowing that an object of cultural heritage
has been stolen or obtained by fraud, if in fact the ob-
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ject was stolen or obtained from the care, custody, or
control of a museum (whether or not that fact is
known to the person), receives, conceals, exhibits, or
disposes of the object,
shall be fined under this title, imprisoned not more than
10 years, or both.’’.
(b) FORFEITURE.—
(1) CIVIL.—Section 981(a)(1)(C) of title 18,
United States Code, is amended by inserting ‘‘668,’’
after ‘‘657,’’.
(2) CRIMINAL.—Section 982(a)(2) of title 18,
United States Code, is amended by inserting ‘‘668,’’
after ‘‘545’’.
(c) PERIOD OF LIMITATION.—Chapter 213 of title 18,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 3294. Theft of major artwork
‘‘No person shall be prosecuted, tried, or punished for
a violation of or conspiracy to violate section 668 unless
the indictment is returned or the information is filed within
20 years after the commission of the offense.’’.
(d) TECHNICAL AMENDMENTS.—
(1) CHAPTER
31.—The chapter analysis for
chapter 31 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘668. Theft of major artwork.’’.
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(2) CHAPTER
213.—The chapter analysis for
chapter 31 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘3294. Theft of major artwork.’’.
SEC. 2967. BALANCE IN THE CRIMINAL JUSTICE SYSTEM.
(a) FINDINGS.—The Congress finds that—
(1) an adequately supported Federal judiciary is
essential to the enforcement of law and order in the
United States,
(2) section 331 of title 28 provides in pertinent
part that the Chief Justice shall submit to Congress
an annual report of the proceedings of the Judicial
Conference and its recommendations for legislation,
(3) in 1990, in response to the recommendations
of the Judicial Conference for additional judgeships,
Congress enacted legislation creating 85 additional
judgeships with an effective date of December 1, 1990,
(4) during the previous administration, it took
an average of 502 days from the time a judgeship be-
came vacant until such vacancy was filled,
(5) the enactment of legislation providing addi-
tional funding for the investigation and prosecution
facets of the criminal justice system has a direct and
positive impact on the needs and workload of the Ju-
diciary, which is already severely overloaded with
criminal cases,
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(6) recommendations by the Judicial Conference
for the filling of judicial vacancies are currently made
on the basis of historical data alone,
(7) the General Accounting Office, pursuant to
the 1988 Anti-Drug Abuse Act, has developed a com-
puter model that measures the potential effect of fiscal
increases on one or more parts of the criminal justice
system on the Judiciary,
(8) the General Accounting Office has established
that an increase in the resources allocated to the in-
vestigative and prosecutorial parts of the criminal
justice system, brings about an increase in the num-
ber of criminal cases filed, which in turn adds to the
need for additional judgeships,
(9) the allocation of resources to portions of the
Federal criminal justice system other than the Judici-
ary contributes to the need for additional judgeships
that cannot be anticipated by the use of historical
data alone, and
(10) the use of historical data alone, because of
its inability to project the need for additional judge-
ships attributable to the increase in criminal caseload
adds to the delay in meeting the needs of the Judici-
ary.
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(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Judicial Conference should be encouraged to
make its recommendations to Congress for additional judge-
ships utilizing historical data and a workload estimate
model designed to anticipate an increase in criminal filings
resulting from increased funding in one or more compo-
nents of the Federal criminal justice system, and to take
into account the time expended in the appointive and con-
firmation process.
SEC. 2968. MISUSE OF INITIALS ‘‘DEA’’.
(a) AMENDMENT.—Section 709 of title 18, United
States Code, is amended—
(1) in the thirteenth unnumbered paragraph by
striking ‘‘words—’’ and inserting ‘‘words; or’’; and
(2) by inserting after the thirteenth unnumbered
paragraph the following new paragraph:
‘‘A person who, except with the written permission of
the Administrator of the Drug Enforcement Administra-
tion, knowingly uses the words ‘Drug Enforcement Admin-
istration’ or the initials ‘DEA’ or any colorable imitation
of such words or initials, in connection with any advertise-
ment, circular, book, pamphlet, software or other publica-
tion, play, motion picture, broadcast, telecast, or other pro-
duction, in a manner reasonably calculated to convey the
impression that such advertisement, circular, book, pam-
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phlet, software or other publication, play, motion picture,
broadcast, telecast, or other production is approved, en-
dorsed, or authorized by the Drug Enforcement Administra-
tion;’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall become effective on the date that is 90 days
after the date of enactment of this Act.
SEC. 2969. ADDITION OF ATTEMPTED ROBBERY, KIDNAP-
PING, SMUGGLING, AND PROPERTY DAMAGE
OFFENSES TO ELIMINATE INCONSISTENCIES
AND GAPS IN COVERAGE.
(a) ROBBERY AND BURGLARY.—(1) Section 2111 of
title 18, United States Code, is amended by inserting ‘‘or
attempts to take’’ after ‘‘takes’’.
(2) Section 2112 of title 18, United States Code, is
amended by inserting ‘‘or attempts to rob’’ after ‘‘robs’’.
(3) Section 2114 of title 18, United States Code, is
amended by inserting ‘‘or attempts to rob’’ after ‘‘robs’’.
(b) KIDNAPPING.—Section 1201(d) of title 18, United
States Code, is amended by striking ‘‘Whoever attempts to
violate subsection (a)(4) or (a)(5)’’ and inserting ‘‘Whoever
attempts to violate subsection (a)’’.
(c) SMUGGLING.—Section 545 of title 18, United
States Code, is amended by inserting ‘‘or attempts to smug-
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gle or clandestinely introduce’’ after ‘‘smuggles, or clandes-
tinely introduces’’.
(d) MALICIOUS MISCHIEF.—(1) Section 1361 of title
18, United States Code, is amended—
(A) by inserting ‘‘or attempts to commit any of
the foregoing offenses’’ before ‘‘shall be punished’’, and
(B) by inserting ‘‘or attempted damage’’ after
‘‘damage’’ each place it appears.
(2) Section 1362 of title 18, United States Code, is
amended by inserting ‘‘or attempts willfully or maliciously
to injure or destroy’’ after ‘‘willfully or maliciously injures
or destroys’’.
(3) Section 1366 of title 18, United States Code, is
amended—
(A) by inserting ‘‘or attempts to damage’’ after
‘‘damages’’ each place it appears;
(B) by inserting ‘‘or attempts to cause’’ after
‘‘causes’’; and
(C) by inserting ‘‘or would if the attempted of-
fense had been completed have exceeded’’ after ‘‘ex-
ceeds’’ each place it appears.
SEC. 2970. DEFINITION OF LIVESTOCK.
Section 2311 of title 18, United States Code, is amend-
ed by inserting after the second paragraph relating to the
definition of ‘‘cattle’’ the following new paragraph:
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‘‘ ‘Livestock’ means any domestic animals raised for
home use, consumption, or profit, such as horses, pigs,
goats, fowl, sheep, and cattle, or the carcasses thereof.’’.
SEC. 2971. EXTENSION OF STATUTE OF LIMITATIONS FOR
ARSON.
Section 844(i) of title 18, United States Code, is
amended by adding at the end the following: ‘‘No person
shall be prosecuted, tried, or punished for any noncapital
offense under this subsection unless the indictment is found
or the information is instituted within 10 years after the
date on which the offense was committed.’’.
SEC. 2972. GUN-FREE SCHOOL ZONES.
(a) AMENDMENT
OF TITLE 18, UNITED STATES
CODE.—Section 922(q) of title 18 , United States Code, is
amended—
(1) by redesignating paragraphs (1), (2), and (3)
as paragraphs (2), (3), and (4), respectively; and
(2) by inserting after ‘‘(q)’’ the following new
paragraph:
‘‘(1) The Congress finds and declares that—
‘‘(A) crime, particularly crime involving drugs
and guns, is a pervasive, nationwide problem;
‘‘(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal
gangs;
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‘‘(C) firearms and ammunition move easily in
interstate commerce and have been found in increas-
ing numbers in and around schools, as documented in
numerous hearings in both the Judiciary Committee
of the House of Representatives and Judiciary Com-
mittee of the Senate;
‘‘(D) in fact, even before the sale of a firearm,
the gun, its component parts, ammunition, and the
raw materials from which they are made have consid-
erably moved in interstate commerce;
‘‘(E) while criminals freely move from State to
State, ordinary citizens and foreign visitors may fear
to travel to or through certain parts of the country
due to concern about violent crime and gun violence,
and parents may decline to send their children to
school for the same reason;
‘‘(F) the occurrence of violent crime in school
zones has resulted in a decline in the quality of edu-
cation in our country;
‘‘(G) this decline in the quality of education has
an adverse impact on interstate commerce and the
foreign commerce of the United States;
‘‘(H) States, localities, and school systems find it
almost impossible to handle gun-related crime by
themselves; even States, localities, and school systems
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that have made strong efforts to prevent, detect, and
punish gun-related crime find their efforts unavailing
due in part to the failure or inability of other States
or localities to take strong measures; and
‘‘(I) Congress has power, under the interstate
commerce clause and other provisions of the Constitu-
tion, to enact measures to ensure the integrity and
safety of the Nation’s schools by enactment of this
subsection.’’.
TITLE XXX—TECHNICAL
CORRECTIONS
SEC. 3001. AMENDMENTS RELATING TO FEDERAL FINAN-
CIAL ASSISTANCE FOR LAW ENFORCEMENT.
(a) CROSS REFERENCE CORRECTIONS.—(1) Section
506 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3756) is amended—
(1) in subsection (a) by striking ‘‘Of’’ and insert-
ing ‘‘Subject to subsection (f), of’’,
(2) in subsection (c) by striking ‘‘subsections (b)
and (c)’’ and inserting ‘‘subsection (b)’’,
(3) in subsection (e) by striking ‘‘or (e)’’ and in-
serting ‘‘or (f)’’,
(4) in subsection (f)(1)—
(A) in subparagraph (A)—
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(i) by striking ‘‘, taking into consider-
ation subsection (e) but’’, and
(ii) by striking ‘‘this subsection,’’ and
inserting ‘‘this subsection’’, and
(B) in subparagraph (B) by striking
‘‘amount’’ and inserting ‘‘funds’’.
(b) CORRECTIONAL OPTIONS GRANTS.—(1) Section
515(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended—
(A) by striking ‘‘subsection (a)(1) and (2)’’ and
inserting ‘‘paragraphs (1) and (2) of subsection (a)’’,
and
(B) in paragraph (2) by striking ‘‘States’’ and
inserting ‘‘public agencies’’.
(2) Section 516 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended—
(A) in subsection (a) by striking ‘‘for section’’
each place it appears and inserting ‘‘shall be used to
make grants under section’’, and
(B) in subsection (b) by striking ‘‘section
515(a)(1) or (a)(3)’’ and inserting ‘‘paragraph (1) or
(3) of section 515(a)’’.
(c) DENIAL
OR TERMINATION
OF GRANT.—Section
802(b) of title I of the Omnibus Crime Control and Safe
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Streets Act of 1968 (42 U.S.C. 3783(b)) is amended by
striking ‘‘M,,’’ and inserting ‘‘M,’’.
(d) DEFINITIONS.—Section 901(a)(21) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3791(21)) is amended by adding a semicolon at the
end.
(e) PUBLIC SAFETY OFFICERS DISABILITY BENE-
FITS.—Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796) is amended—
(1) in section 1201—
(A) in subsection (a) by striking ‘‘subsection
(g)’’ and inserting ‘‘subsection (h),’’, and
(B) in subsection (b)—
(i) by striking ‘‘subsection (g)’’ and in-
serting ‘‘subsection (h)’’,
(ii) by striking ‘‘personal’’, and
(iii) in the first proviso by striking
‘‘section’’ and inserting ‘‘subsection’’, and
(2) in section 1204(3) by striking ‘‘who was re-
sponding to a fire, rescue or police emergency’’.
(f) HEADINGS.—(1) The heading for part M of title
I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797) is amended to read as follows:
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‘‘PART M—REGIONAL INFORMATION SHARING SYSTEMS’’.
(2) The heading for part O of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797) is amended to read as follows:
‘‘PART O—RURAL DRUG ENFORCEMENT’’.
(g) TABLE OF CONTENTS.—The table of contents of
title I of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended—
(1) in the item relating to section 501 by strik-
ing ‘‘Drug Control and System Improvement Grant’’
and inserting ‘‘drug control and system improvement
grant’’,
(2) in the item relating to section 1403 by strik-
ing ‘‘Application’’ and inserting ‘‘Applications’’, and
(3) in the items relating to part O by redesignat-
ing sections 1401 and 1402 as sections 1501 and
1502, respectively.
(h) OTHER TECHNICAL AMENDMENTS.—Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 is
amended—
(1) in section 202(c)(2)(E) by striking ‘‘crime,,’’
and inserting ‘‘crime,’’,
(2) in section 302(c)(19) by striking a period at
the end and inserting a semicolon,
(3) in section 602(a)(1) by striking ‘‘chapter
315’’ and inserting ‘‘chapter 319’’,
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(4) in section 603(a)(6) by striking ‘‘605’’ and
inserting ‘‘606’’,
(5) in section 605 by striking ‘‘this section’’ and
inserting ‘‘this part’’,
(6) in section 606(b) by striking ‘‘and Statistics’’
and inserting ‘‘Statistics’’,
(7) in section 801(b)—
(A) by striking ‘‘parts D,’’ and inserting
‘‘parts’’,
(B) by striking ‘‘part D’’ each place it ap-
pears and inserting ‘‘subpart 1 of part E’’,
(C) by striking ‘‘403(a)’’ and inserting
‘‘501’’, and
(D) by striking ‘‘403’’ and inserting ‘‘503’’,
(8) in the first sentence of section 802(b) by
striking ‘‘part D,’’ and inserting ‘‘subpart 1 of part
E or under part’’,
(9) in the second sentence of section 804(b) by
striking ‘‘Prevention or’’ and inserting ‘‘Prevention,
or’’,
(10) in section 808 by striking ‘‘408, 1308,’’ and
inserting ‘‘507’’,
(11) in section 809(c)(2)(H) by striking ‘‘805’’
and inserting ‘‘804’’,
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(12) in section 811(e) by striking ‘‘Law Enforce-
ment Assistance Administration’’ and inserting ‘‘Bu-
reau of Justice Assistance’’,
(13) in section 901(a)(3) by striking ‘‘and,’’ and
inserting ‘‘, and’’,
(14) in section 1001(c) by striking ‘‘parts’’ and
inserting ‘‘part’’.
(i) CONFORMING AMENDMENT TO OTHER LAW.—Sec-
tion 4351(b) of title 18, United States Code, is amended
by striking ‘‘Administrator of the Law Enforcement Assist-
ance Administration’’ and inserting ‘‘Director of the Bu-
reau of Justice Assistance’’.
SEC. 3002. GENERAL TITLE 18 CORRECTIONS.
(a) SECTION 1031.—Section 1031(g)(2) of title 18,
United States Code, is amended by striking ‘‘a government’’
and inserting ‘‘a Government’’.
(b) SECTION 208.—Section 208(c)(1) of title 18, Unit-
ed States Code, is amended by striking ‘‘Banks’’ and insert-
ing ‘‘banks’’.
(c) SECTION 1007.—The heading for section 1007 of
title 18, United States Code, is amended by striking
‘‘Transactions’’ and inserting ‘‘transactions’’ in lieu there-
of.
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(d) SECTION 1014.—Section 1014 of title 18, United
States Code, is amended by striking the comma which fol-
lows a comma.
(e) ELIMINATION OF OBSOLETE CROSS REFERENCE.—
Section 3293 of title 18, United States Code, is amended
by striking ‘‘1008,’’.
(f) ELIMINATION OF DUPLICATE SUBSECTION DES-
IGNATION.—Section 1031 of title 18, United States Code,
is amended by redesignating the second subsection (g) as
subsection (h).
(g) CLERICAL AMENDMENT
TO PART I TABLE
OF
CHAPTERS.—The item relating to chapter 33 in the table
of chapters for part I of title 18, United States Code, is
amended by striking ‘‘701’’ and inserting ‘‘700’’.
(h) AMENDMENT TO SECTION 924(a)(1)(b).—Section
924(a)(1)(B) of title 18, United States Code, is amended
by striking ‘‘(q)’’ and inserting ‘‘(r)’’.
(i) AMENDMENT TO SECTION 3143.—The last sentence
of section 3143(b) of title 18, United States Code, is amend-
ed by striking ‘‘(b)(2)(D)’’ and inserting ‘‘(1)(B)(iv)’’.
(j) AMENDMENT TO TABLE OF CHAPTERS.—The table
of chapters at the beginning of part I of title 18, United
States Code, is amended by striking the item relating to
the chapter 113A added by section 132 of Public Law 102–
27, but subsequently repealed.
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(k) 
PUNCTUATION
CORRECTION.—Section
207(c)(2)(A)(ii) of title 18, United States Code, is amended
by striking the semicolon at the end and inserting a comma.
(l) TABLE OF CONTENTS CORRECTION.—The table of
contents for chapter 223 of title 18, United States Code,
is amended by adding at the end the following:
‘‘3509. Child Victims’ and child witnesses’ rights.’’.
(m) ELIMINATION OF SUPERFLUOUS COMMA.—Section
3742(b) of title 18, United States Code, is amended by strik-
ing ‘‘Government,’’ and inserting ‘‘Government’’.
SEC. 3003. CORRECTIONS OF ERRONEOUS CROSS REF-
ERENCES AND MISDESIGNATIONS.
(a) SECTION 1791 OF TITLE 18.—Section 1791(b) of
title 18, United States Code, is amended by striking ‘‘(c)’’
each place it appears and inserting ‘‘(d)’’.
(b) 
SECTION
1956 
OF
TITLE
18.—Section
1956(c)(7)(D) of title 18, United States Code, is amended
by striking ‘‘section 1822 of the Mail Order Drug Para-
phernalia Control Act (100 Stat. 3207–51; 21 U.S.C. 857)’’
and inserting ‘‘section 422 of the Controlled Substances Act
(21 U.S.C. 863)’’.
(c) SECTION 2703 OF TITLE 18.—Section 2703(d) of
title 18, United States Code, is amended by striking ‘‘sec-
tion 3126(2)(A)’’ and inserting ‘‘section 3127(2)(A)’’.
(d) SECTION 666 OF TITLE 18.—Section 666(d) of title
18, United States Code, is amended—
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(1) by redesignating the second paragraph (4) as
paragraph (5);
(2) by striking ‘‘and’’ at the end of paragraph
(3); and
(3) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’.
(e) SECTION 4247 OF TITLE 18.—Section 4247(h) of
title 18, United States Code, is amended by striking ‘‘sub-
section (e) of section 4241, 4243, 4244, 4245, or 4246,’’ and
inserting ‘‘subsection (e) of section 4241, 4244, 4245, or
4246, or subsection (f) of section 4243,’’.
(f) SECTION 408 OF THE CONTROLLED SUBSTANCE.—
Section 408(b)(2)(A) of the Controlled Substances Act (21
U.S.C. 848(b)(2)(A)) is amended by striking ‘‘subsection
(d)(1)’’ and inserting ‘‘subsection (c)(1)’’.
(g) MARITIME DRUG LAW ENFORCEMENT ACT.—(1)
Section 994(h) of title 28, United States Code, is amended
by striking ‘‘section 1 of the Act of September 15, 1980 (21
U.S.C. 955a)’’ each place it appears and inserting ‘‘the
Maritime Drug Law Enforcement Act (46 U.S.C. App.
1901 et seq.)’’.
(2) Section 924(e) of title 18, United States Code, is
amended by striking ‘‘the first section or section 3 of Public
Law 96–350 (21 U.S.C. 955a et seq.)’’ and inserting ‘‘the
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(6) in sections 657 and 1006, by striking ‘‘Re-
construction Finance Corporation,’’, and by striking
‘‘Farmers’ Home Corporation,’’;
(7) in section 658, by striking ‘‘Farmers’ Home
Corporation,’’;
(8) in section 1013, by striking ‘‘, or by any Na-
tional Agricultural Credit Corporation’’;
(9) in section 1160, by striking ‘‘white person’’
and inserting ‘‘non-Indian’’;
(10) in section 1698, by striking the second
paragraph;
(11) by striking sections 1904 and 1908, and
amending the table of sections for chapter 93 by strik-
ing the items relating to such sections;
(12) in section 1909, by inserting ‘‘or’’ before
‘‘farm credit examiner’’ and by striking ‘‘or an exam-
iner of National Agricultural Credit Corporations,’’;
(13) by striking sections 2157 and 2391, and
amending the table of sections for chapters 105 and
115, respectively, by striking the items relating to
such sections;
(14) in section 2257 by striking the subsections
(f) and (g) that were enacted by Public Law 100–690;
(15) in section 3113, by striking the third para-
graph;
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(16) in section 3281, by striking ‘‘except for of-
fenses barred by the provisions of law existing on Au-
gust 4, 1939’’;
(17) in section 443, by striking ‘‘or (3) 5 years
after 12 o’clock noon of December 31, 1946,’’; and
(18) in sections 542, 544, and 545, by striking
‘‘the Philippine Islands,’’.
SEC. 3005. CORRECTION OF DRAFTING ERROR IN THE FOR-
EIGN CORRUPT PRACTICES ACT.
Section 104 of the Foreign Corrupt Practices Act of
1977 (15 U.S.C. 78dd–2) is amended, in subsection (a)(3),
by striking ‘‘issuer’’ and inserting in lieu thereof ‘‘domestic
concern’’.
SEC. 3006. ELIMINATION OF REDUNDANT PENALTY PROVI-
SION IN 18 U.S.C. 1116.
Section 1116(a) of title 18, United States Code, is
amended by striking ‘‘, and any such person who is found
guilty of attempted murder shall be imprisoned for not more
than 20 years’’.
SEC. 3007. ELIMINATION OF REDUNDANT PENALTY.
Section 1864(c) of title 18, United States Code, is
amended by striking ‘‘(b) (3), (4), or (5)’’ and inserting
in lieu thereof ‘‘(b)(5)’’.
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SEC. 3008. CORRECTIONS OF MISSPELLINGS AND GRAM-
MATICAL ERRORS.
Title 18, United States Code, is amended—
(1) in section 513(c)(4), by striking ‘‘association
or persons’’ and inserting in lieu thereof ‘‘association
of persons’’;
(2) 
in 
section 
1956(e), 
by 
striking
‘‘Evironmental’’ and inserting in lieu thereof ‘‘Envi-
ronmental’’;
(3) in section 3125, by striking the quotation
marks in paragraph (a)(2), and by striking ‘‘provider
for’’ and inserting in lieu thereof ‘‘provider of’’ in
subsection (d);
(4) in section 3731, by striking ‘‘order of a dis-
trict courts’’ and inserting in lieu thereof ‘‘order of a
district court’’ in the second undesignated paragraph;
(5) in section 151, by striking ‘‘mean’’ and in-
serting ‘‘means’’;
(6) in section 208(b), by inserting ‘‘if’’ after
‘‘(4)’’;
(7) in section 209(d), by striking ‘‘under the
terms of the chapter 41’’ and inserting ‘‘under the
terms of chapter 41’’;
(8) in section 1014, by inserting a comma after
‘‘National Credit Union Administration Board’’; and
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(9) in section 3291, by striking ‘‘the afore-men-
tioned’’ and inserting ‘‘such’’.
SEC. 3009. OTHER TECHNICAL AMENDMENTS.
(a) SECTION
419 OF
CONTROLLED
SUBSTANCES
ACT.—Section 419(b) of the Controlled Substances Act (21
U.S.C. 860(b)) is amended by striking ‘‘years Penalties’’
and inserting ‘‘years. Penalties’’.
(b) SECTION 667.—Section 667 of title 18, United
States Code, is amended by adding at the end the following:
‘‘The term ‘livestock’ has the meaning set forth in section
2311 of this title.’’.
(c) SECTION 1114.—Section 1114 of title 18, United
States Code, is amended by striking ‘‘or any other officer,
agency, or employee of the United States’’ and inserting
‘‘or any other officer or employee of the United States or
any agency thereof’’.
(d) SECTION
408 OF
CONTROLLED
SUBSTANCES
ACT.—Section 408(q)(8) of the Controlled Substances Act
(21 U.S.C. 848(q)(8)) is amended by striking ‘‘applications,
for writ’’ and inserting ‘‘applications for writ’’.
SEC. 3010. CORRECTIONS OF ERRORS FOUND DURING CODI-
FICATION.
Title 18, United States Code, is amended—
(1) in section 212, by striking ‘‘218’’ and insert-
ing ‘‘213’’;
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(2) in section 1917—
(A) by striking ‘‘Civil Service Commission’’
and inserting ‘‘Office of Personnel Management’’;
and
(B) by striking ‘‘the Commission’’ in para-
graph (1) and inserting ‘‘such Office’’;
(3) by transferring the table of sections for each
subchapter of each of chapters 227 and 229 to follow
the heading of that subchapter;
(4) so that the heading of section 1170 reads as
follows:
‘‘§ 1170. Illegal trafficking in Native American
human remains and cultural items’’;
(5) so that the item relating to section 1170 in
the table of sections at the beginning of chapter 53
reads as follows:
‘‘1170. Illegal trafficking in Native American human remains and cultural
items.’’;
(6) in section 3509(a), by striking paragraph
(11) and redesignating paragraphs (12) and (13) as
paragraphs (11) and (12), respectively;
(7) in section 3509—
(A) by striking out ‘‘subdivision’’ each place
it appears and inserting ‘‘subsection’’; and
(B) by striking out ‘‘government’’ each
place it appears and inserting ‘‘Government’’;
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(8) 
in 
section 
2252(a)(3)(B), 
by 
striking
‘‘materails’’ and inserting ‘‘materials’’;
(9) in section 14, by striking ‘‘45,’’ and ‘‘608,
611, 612,’’;
(10) in section 3059A—
(A) in subsection (b), by striking ‘‘this sub-
section’’ and inserting ‘‘subsection’’; and
(B) in subsection (c), by striking ‘‘this sub-
section’’ and inserting ‘‘subsection’’;
(11) in section 1761(c)—
(A) by striking ‘‘and’’ at the end of para-
graph (1);
(B) by inserting ‘‘and’’ at the end of para-
graph (3); and
(C) by striking the period at the end of
paragraph (2)(B) and inserting a semicolon;
(12) in the table of sections at the beginning of
chapter 11—
(A) in the item relating to section 203, by
inserting a comma after ‘‘officers’’ and by strik-
ing the comma after ‘‘others’’; and
(B) in the item relating to section 204, by
inserting ‘‘the’’ before ‘‘United States Court of
Appeals for the Federal Circuit’’;
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(13) in the table of sections at the beginning of
chapter 23, in the item relating to section 437, by
striking the period immediately following ‘‘Indians’’;
(14) in the table of sections at the beginning of
chapter 25, in the item relating to section 491, by
striking the period immediately following ‘‘paper used
as money’’;
(15) in section 207(a)(3), by striking ‘‘Clarifica-
tion of Restrictions’’ and inserting ‘‘Clarification of
restrictions’’;
(16) in section 176, by striking ‘‘the govern-
ment’’ and inserting ‘‘the Government’’;
(17) in section 3059A(e)(2)(iii), by striking
‘‘backpay’’ and inserting ‘‘back pay’’; and
(18) by adding a period at the end of the item
relating to section 3059A in the table of sections at
the beginning of chapter 203.
SEC. 3011. PROBLEMS RELATED TO EXECUTION OF PRIOR
AMENDMENTS.
(a) INCORRECT REFERENCE AND PUNCTUATION COR-
RECTION.—(1) Section 2587(b) of the Crime Control Act of
1990 is repealed, effective on the date such section took ef-
fect.
(2) Section 2587(b) of Public Law 101–647 is amend-
ed, effective the date such section took effect, by striking
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‘‘The chapter heading for’’ and inserting ‘‘The table of sec-
tions at the beginning of’’.
(3) The item relating to section 3059A in the table of
sections at the beginning of chapter 203 of title 18, United
States Code, is amended by adding a period at the end.
(b) LACK
OF
PUNCTUATION
IN
STRICKEN
LAN-
GUAGE.—Section 46(b) of Public Law 99–646 is amended,
effective on the date such section took effect, so that—
(A) in paragraph (1), the matter proposed to be
stricken from the beginning of section 201(b) of title
18, United States Code, reads ‘‘(b) Whoever, directly’’;
and
(B) in paragraph (2), a comma, rather than a
semicolon, appears after ‘‘his lawful duty’’ in the
matter to be stricken from paragraph (3) of section
201(b) of such title.
(c) BIOLOGICAL WEAPONS.—(1) Section 3 of the Bio-
logical Weapons Anti-Terrorism Act of 1989 is amended,
effective on the date such section took effect in subsection
(b), by striking ‘‘2516(c)’’ and inserting ‘‘2516(1)(c)’’.
(2) The item in the table of chapters for part I of title
18, United States Code, that relates to chapter 10 is amend-
ed by striking ‘‘Weapons’’ and inserting ‘‘weapons’’.
(d) PLACEMENT OF NEW SECTION.—Section 404(a) of
Public Law 101–630 is amended, effective on the date such
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section took effect, by striking ‘‘adding at the end thereof’’
each place it appears and inserting ‘‘inserting after section
1169’’.
(e) ELIMINATION OF ERRONEOUS CHARACTERIZATION
OF MATTER INSERTED.—Section 225(a) of Public Law
101–674 is amended, effective on the date such section took
effect, by striking ‘‘new rule’’.
(f) CLARIFICATION OF PLACEMENT OF AMENDMENT.—
Section 1205(c) of Public Law 101–647 is amended, effec-
tive the date such section took effect, by inserting ‘‘at the
end’’ after ‘‘adding’’.
(g) ELIMINATION OF DUPLICATE AMENDMENT.—Sec-
tion 1606 of Public Law 101–647 (amending section 1114
of title 18, United States Code) is repealed effective the date
of the enactment of such section.
(h) ERROR IN AMENDMENT PHRASING.—Section 3502
of Public Law 101–647 is amended, effective the date such
section took effect, by striking ‘‘10’’ and inserting ‘‘ten’’.
(i) CLARIFICATION
THAT AMENDMENTS WERE
TO
TITLE 18.—Sections 3524, 3525, and 3528 of Public Law
101–647 are each amended, effective the date such sections
took effect, by inserting ‘‘of title 18, United States Code’’
before ‘‘is amended’’.
(j) CORRECTION OF PARAGRAPH REFERENCE.—Sec-
tion 3527 of Public Law 101–647 is amended, effective the
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date such section took effect, by striking ‘‘4th’’ and inserting
‘‘5th’’.
(k) REPEAL OF OBSOLETE TECHNICAL CORRECTION
TO SECTION 1345.—Section 3542 of Public Law 101–647
is repealed, effective the date of enactment of such Public
Law.
(l) REPEAL OF OBSOLETE TECHNICAL CORRECTION
TO SECTION 1956.—Section 3557(2)(E) of Public Law
101–647 is repealed, effective the date of enactment of such
Public Law.
(m) CLARIFICATION
OF
PLACEMENT
OF
AMEND-
MENTS.—Public Law 101–647 is amended, effective the date
of the enactment of such Public Law—
(1) in section 3564(1), by inserting ‘‘each place
it appears’’ after the quotation mark following
‘‘2251’’ the first place it appears; and
(2) in section 3565(3)(A), by inserting ‘‘each
place it appears’’ after the quotation mark following
‘‘subchapter’’.
(n) CORRECTION
OF WORD QUOTED
IN AMEND-
MENT.—Section 3586(1) of Public Law 101–647 is amend-
ed, effective the date such section took effect, by striking
‘‘fines’’ and inserting ‘‘fine’’.
(o) ELIMINATION OF OBSOLETE TECHNICAL AMEND-
MENT TO SECTION 4013.—Section 3599 of Public Law 101–
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647 is repealed, effective the date of the enactment of such
Public Law.
(p) CORRECTION OF DIRECTORY LANGUAGE.—Section
3550 of Public Law 101–647 is amended, effective the date
such section took effect, by striking ‘‘not more than’’.
(q) REPEAL OF DUPLICATE PROVISIONS.—(1) Section
3568 of Public Law 101–647 is repealed, effective the date
such section took effect.
(2) Section 1213 of Public Law 101–647 is repealed,
effective the date such section took effect.
(r) CORRECTION
OF WORDS QUOTED
IN AMEND-
MENT.—Section 2531(3) of Public Law 101–647 is amend-
ed, effective the date such section took effect, by striking
‘‘1679(c)(2)’’ and inserting ‘‘1679a(c)(2)’’.
(s) FORFEITURE.—(1) Section 1401 of Public Law
101–647 is amended, effective the date such section took ef-
fect—
(A) by inserting a comma after ‘‘, 5316’’; and
(B) by inserting ‘‘the first place it appears’’
after the quotation mark following ‘‘5313(a)’’.
(2) Section 2525(a)(2) of Public Law 101–647 is
amended, effective the date such section took effect, by strik-
ing ‘‘108(3)’’ and inserting ‘‘2508(3)’’.
(t) 
INCORRECT
SECTION
REFERENCE.—Section
1402(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C.
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10601(d)(3)) is amended by striking ‘‘1404(a)’’ and insert-
ing ‘‘1404A’’.
(u) MISSING TEXT.—Section 1403(b)(1) of the Victims
of Crime Act of 1984 (42 U.S.C. 10602(b)(1)) is amended
by inserting after ‘‘domestic violence’’ the following: ‘‘for—
‘‘(A) medical expenses attributable to a
physical injury resulting from compensable
crime, including expenses for mental health
counseling and care;
‘‘(B) loss of wages attributable to a physical
injury resulting from a compensable crime; and
‘‘(C) funeral expenses attributable to a
death resulting from a compensable crime’’.
SEC. 3012. AMENDMENTS TO SECTION 1956 OF TITLE 18 TO
ELIMINATE DUPLICATE PREDICATE CRIMES.
Section 1956 of title 18, United States Code, is amend-
ed—
(1) in subsection (c)(7)(D), by striking ‘‘section
1341 (relating to mail fraud) or section 1343 (relat-
ing to wire fraud) affecting a financial institution,
section 1344 (relating to bank fraud),’’;
(2) in subsection (a)(2) and in subsection (b), by
striking ‘‘transportation’’ each place it appears and
inserting ‘‘transportation, transmission, or transfer’’;
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(3) in subsection (a)(3), by striking ‘‘represented
by a law enforcement officer’’ and inserting ‘‘rep-
resented’’; and
(4) in subsection (c)(7)(E), by striking the period
that follows a period.
SEC. 3013. AMENDMENTS TO PART V OF TITLE 18.
Part V of title 18, United States Code, is amended—
(1) by inserting after the heading for such part
the following:
‘‘CHAPTER 601—IMMUNITY
OF WITNESSES’’;
(2) in section 6001(1)—
(A) by striking ‘‘Atomic Energy Commis-
sion’’ and inserting ‘‘Nuclear Regulatory Com-
mission’’; and
(B) by striking ‘‘the Subversive Activities
Control Board,’’
(3) by striking ‘‘part’’ the first place it appears
and inserting ‘‘chapter’’; and
(4) by striking ‘‘part’’ each other place it ap-
pears and inserting ‘‘title’’.
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TITLE XXXI—DRIVER’S PRIVACY
PROTECTION ACT
SEC. 3101. SHORT TITLE; PURPOSE.
(a) SHORT TITLE.—This title may be cited as the
‘‘Driver’s Privacy Protection Act of 1993’’.
(b) PURPOSE.—The purpose of this title is to protect
the personal privacy and safety of licensed drivers consist-
ent with the legitimate needs of business and government.
SEC. 3102. AMENDMENT TO TITLE 18, UNITED STATES CODE.
Title 18 of the United States Code is amended by in-
serting immediately after chapter 121, the following new
chapter:
‘‘CHAPTER 
122—PROHIBITION 
ON 
RE-
LEASE OF CERTAIN PERSONAL INFOR-
MATION
‘‘Sec. 2720. Prohibition on release and use of certain personal information by
States, organizations and persons.
‘‘Sec. 2721. Definitions.
‘‘Sec. 2722. Penalties.
‘‘Sec. 2723. Effect on State and local laws.
‘‘§ 2720. Prohibition on release and use of certain per-
sonal information by States, organiza-
tions and persons
‘‘(a) IN GENERAL.—(1) Except as provided in para-
graph (2), no department of motor vehicles of any State,
or any officer or employee thereof, shall disclose or otherwise
make available to any person or organization personal in-
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formation about any individual obtained by the department
in connection with a motor vehicle operator’s permit, motor
vehicle title, identification card, or motor vehicle registra-
tion (issued by the department to that individual), unless
such disclosure is authorized by that individual.
‘‘(2) A department of motor vehicles of a State, or offi-
cer or employee thereof, may disclose or otherwise make
available personal information referred to in paragraph (1)
for any of the following routine uses:
‘‘(A) For the use of any Federal, State or
local court in carrying out its functions.
‘‘(B) For the use of any Federal, State or
local agency in carrying out its functions, in-
cluding a law enforcement agency.
‘‘(C) For the use in connection with matters
of automobile safety, driver safety, and manufac-
turers of motor vehicles issuing notification for
purposes of any recall or product alteration.
‘‘(D) For the use in any civil or criminal
proceeding in any Federal, State, or local court,
if the case involves a motor vehicle, or if the re-
quest is pursuant to an order of a court of com-
petent jurisdiction.
‘‘(E) For use in research activities, if such
information will not be used to contact the indi-
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vidual and the individual is not identified or as-
sociated with the requested personal information.
‘‘(F) For use in marketing activities if—
‘‘(i) the motor vehicle department has
provided the individual with regard to
whom the information is requested with the
opportunity, in a clear and conspicuous
manner, to prohibit a disclosure of such in-
formation for marketing activities;
‘‘(ii) the information will be used,
rented, or sold solely for a permissible use
under this chapter, including marketing ac-
tivities; and
‘‘(iii) any person obtaining such infor-
mation from a motor vehicle department for
marketing purposes keeps complete records
identifying any person to whom, and the
permissible purpose for which, they sell or
rent the information and provides such
records to the motor vehicle department
upon request.
‘‘(G) For use by any insurer or insurance
support organization, or their employees, agents,
and contractors, in connection with claims inves-
tigation activities and antifraud activities.
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‘‘(H) For use by any organization, or its
agent, in connection with a business transaction,
when the purpose is to verify the accuracy of
personal information submitted to that business
or agent by the person to whom such information
pertains, or, if the information submitted is not
accurate, to obtain correct information for the
purpose of pursing remedies against a person
who presented a check or similar item that was
not honored.
‘‘(I) For use by any organization, if such
organization certifies, upon penalty of perjury,
that it has obtained a statement from the person
to whom the information pertains authorizing
the disclosure of such information under this
chapter.
‘‘(J) For use by an employer or the agent
of an employer to obtain or verify information
relating to a holder of a commercial driver’s li-
cense that is required under the Commercial
Motor Vehicle Safety Act of 1986 (49 U.S.C.
App. 2701 et seq.).
‘‘(b) UNLAWFUL CONDUCT BY ANY PERSON OR ORGA-
NIZATION.—No person or organization shall—
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‘‘(1) use any personal information, about an in-
dividual referred to in subsection (a), obtained from
a motor vehicle department of any State, or any offi-
cer or employee thereof, or other person for any pur-
pose other than the purpose for which such personal
information was initially disclosed or otherwise made
available by the department of motor vehicles of the
affected State, or any officer or employee thereof, or
other person, unless authorized by that individual; or
‘‘(2) make any false representation to obtain per-
sonal information, about an individual referred to in
subsection (a), from a department of motor vehicles of
any State, or officer or employee thereof, or from any
other person.
‘‘§ 2721. Definitions
‘‘As used in this chapter:
‘‘(1) The term ‘personal information’ is informa-
tion that identifies an individual, including an indi-
vidual’s photograph, driver’s identification number,
name, address, telephone number, social security
number, and medical and disability information.
Such term does not include information on vehicular
accidents, driving violations, and driver’s status.
‘‘(2) The term ‘person’ means any individual.
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‘‘(3) The term ‘State’ means each of the several
States, District of Columbia, Commonwealth of Puer-
to Rico, Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
‘‘(4) The term ‘organization’ means any person
other than an individual, including but not limited
to, a corporation, association, institution, a car rent-
al agency, employer, and insurers, insurance support
organization, and their employees, agents, or contrac-
tors. Such term does not include a Federal, State or
local agency or entity thereof.
‘‘§ 2722. Penalties
‘‘(a) WILLFUL VIOLATIONS.—
‘‘(1) Any person who willfully violates this chap-
ter shall be fined under this title, or imprisoned for
a period not exceeding 12 months, or both.
‘‘(2) Any organization who willfully violates this
chapter shall be fined under this title.
‘‘(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR
VEHICLES.—Any State department of motor vehicles which
willfully violates this chapter shall be subject to a civil pen-
alty imposed by the Attorney General in the amount of
$5,000. Each day of continued noncompliance shall con-
stitute a separate violation.
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‘‘§ 2723. Effect on State and local laws
‘‘The provisions of this chapter shall supersede only
those provisions of law of any State or local government
which would require or permit the disclosure or use of per-
sonal information which is otherwise prohibited by this
chapter.’’.
SEC. 3103. EFFECTIVE DATE.
The amendments made by this title shall take effect
upon the expiration of the 270-day period following the date
of its enactment.
TITLE 
XXXII—VIOLENCE
AGAINST 
WOMEN; 
SAFE
STREETS FOR WOMEN
SEC. 3201. VIOLENCE AGAINST WOMEN; SHORT TITLE.
Titles XXXII through XXXVII may be cited as the ‘‘Vi-
olence Against Women Act of 1993’’.
SEC. 3202. SAFE STREETS FOR WOMEN; SHORT TITLE.
This title may be cited as the ‘‘Safe Streets for Women
Act of 1993’’.
Subtitle A—Federal Penalties for
Sex Crimes
SEC. 3211. REPEAT OFFENDERS.
(a) IN GENERAL.—Chapter 109A of title 18, United
States Code, is amended by adding at the end the following
new section:
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‘‘§ 2247. Repeat offenders
‘‘Any person who violates a provision of this chapter,
after one or more prior convictions for an offense punishable
under this chapter, or after one or more prior convictions
under the laws of any State or foreign country relating to
aggravated sexual abuse, sexual abuse, or abusive sexual
contact have become final, is punishable by a term of im-
prisonment up to twice that otherwise authorized.’’.
(b) RECOMMENDATION BY THE SENTENCING COMMIS-
SION.—The Sentencing Commission shall implement the
amendment made by subsection (a) by recommending to the
Congress amendments, if appropriate, in the sentencing
guidelines applicable to chapter 109A offenses.
(c) CHAPTER ANALYSIS.—The chapter analysis for
chapter 109A of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘2247. Repeat offenders.’’.
SEC. 3212. FEDERAL PENALTIES.
(a) AMENDMENT OF SENTENCING GUIDELINES.—Pur-
suant to its authority under section 994(p) of title 28,
United States Code, the United States Sentencing Commis-
sion shall review and amend, where necessary, its sentenc-
ing guidelines on aggravated sexual abuse under section
2241 of title 18, United States Code, or sexual abuse under
section 2242 of title 18, United States Code, as follows:
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(1) The Commission shall review and recommend
amendments to the guidelines, if appropriate, to en-
hance penalties if more than 1 offender is involved in
the offense.
(2) The Commission shall review and recommend
amendments to the guidelines, if appropriate, to re-
duce unwarranted disparities between the sentences
for sex offenders who are known to the victim and
sentences for sex offenders who are not known to the
victim.
(3) The Commission shall review and recommend
amendments to the guidelines to enhance penalties, if
appropriate, to render Federal penalties on Federal
territory commensurate with penalties for similar of-
fenses in the States.
(4) The Commission shall review and recommend
amendments to the guidelines, if appropriate, to ac-
count for the general problem of recidivism in cases
of sex offenses, the severity of the offense, and its dev-
astating effects on survivors.
(b) REPORT.—Not later than 180 days after the date
of enactment of this Act, the United States Sentencing Com-
mission shall review and submit to Congress a report con-
taining an analysis of Federal rape sentencing, accom-
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panied by comment from independent experts in the field,
describing—
(1) comparative Federal sentences for cases in
which the rape victim is known to the defendant and
cases in which the defendant is not known to the de-
fendant;
(2) comparative Federal sentences for cases on
Federal territory and sentences in surrounding
States; and
(3) an analysis of the effect of rape sentences on
populations residing primarily on Federal territory
relative to the impact of other Federal offenses in
which the existence of Federal jurisdiction depends
upon the offense’s being committed on Federal terri-
tory.
SEC. 3213. MANDATORY RESTITUTION FOR SEX CRIMES.
(a) SEXUAL ABUSE.—(1) Chapter 109A of title 18,
United States Code, is amended by adding at the end there-
of the following:
‘‘§ 2248. Mandatory restitution
‘‘(a) IN GENERAL.—Notwithstanding the terms of sec-
tion 3663 of this title, and in addition to any other civil
or criminal penalty authorized by law, the court shall order
restitution for any offense under this chapter.
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‘‘(b) SCOPE AND NATURE OF ORDER.—(1) The order
of restitution under this section shall direct that—
‘‘(A) the defendant pay to the victim (through
the appropriate court mechanism) the full amount of
the victim’s losses as determined by the court, pursu-
ant to paragraph (2); and
‘‘(B) the United States Attorney enforce the res-
titution order by all available and reasonable means.
‘‘(2) For purposes of this subsection, the term ‘full
amount of the victim’s losses’ includes any costs incurred
by the victim for—
‘‘(A) medical services relating to physical, psy-
chiatric, or psychological care;
‘‘(B) physical and occupational therapy or reha-
bilitation;
‘‘(C) necessary transportation, temporary hous-
ing, and child care expenses;
‘‘(D) lost income;
‘‘(E) attorneys’ fees, expert witness and inves-
tigators’ fees, interpretive services, and court costs;
and
‘‘(F) any other losses suffered by the victim as a
proximate result of the offense.
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‘‘(3) Restitution orders under this section are manda-
tory. A court may not decline to issue an order under this
section because of—
‘‘(A) the economic circumstances of the defend-
ant; or
‘‘(B) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the
proceeds of insurance or any other source.
‘‘(4)(A) Notwithstanding the terms of paragraph (3),
the court may take into account the economic circumstances
of the defendant in determining the manner in which and
the schedule according to which the restitution is to be paid.
‘‘(B) For purposes of this paragraph, the term ‘eco-
nomic circumstances’ includes—
‘‘(i) the financial resources and other assets of
the defendant;
‘‘(ii) projected earnings, earning capacity, and
other income of the defendant; and
‘‘(iii) any financial obligations of the defendant,
including obligations to dependents.
‘‘(C) An order under this section may direct the de-
fendant to make a single lump-sum payment or partial
payments at specified intervals. The order shall also provide
that the defendant’s restitutionary obligation takes priority
over any criminal fine ordered.
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‘‘(D) In the event that the victim has recovered for any
amount of loss through the proceeds of insurance or any
other source, the order of restitution shall provide that res-
titution be paid to the person who provided the compensa-
tion, but that restitution shall be paid to the victim for the
victim’s other losses before any restitution is paid to any
other provider of compensation.
‘‘(5) Any amount paid to a victim under this section
shall be set off against any amount later recovered as com-
pensatory damages by the victim from the defendant in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the extent
provided by the law of the State.
‘‘(c) PROOF OF CLAIM.—(1) Within 60 days after con-
viction and, in any event, no later than 10 days prior to
sentencing, the United States Attorney (or the United States
Attorney’s delegee), after consulting with the victim, shall
prepare and file an affidavit with the court listing the
amounts subject to restitution under this section. The affi-
davit shall be signed by the United States Attorney (or the
United States Attorney’s delegee) and the victim. Should
the victim object to any of the information included in the
affidavit, the United States Attorney (or the United States
Attorney’s delegee) shall advise the victim that the victim
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may file a separate affidavit and shall provide the victim
with an affidavit form which may be used to do so.
‘‘(2) If no objection is raised by the defendant, the
amounts attested to in the affidavit filed pursuant to sub-
section (1) shall be entered in the court’s restitution order.
If objection is raised, the court may require the victim or
the United States Attorney (or the United States Attorney’s
delegee) to submit further affidavits or other supporting
documents, demonstrating the victim’s losses.
‘‘(3) If the court concludes, after reviewing the support-
ing documentation and considering the defendant’s objec-
tions, that there is a substantial reason for doubting the
authenticity or veracity of the records submitted, the court
may require additional documentation or hear testimony
on those questions. Any records filed, or testimony heard,
pursuant to this section, shall be in camera in the judge’s
chambers.
‘‘(4) In the event that the victim’s losses are not ascer-
tainable 10 days prior to sentencing as provided in sub-
section (c)(1), the United States Attorney (or the United
States Attorney’s delegee) shall so inform the court, and the
court shall set a date for the final determination of the vic-
tim’s losses, not to exceed 90 days after sentencing. If the
victim subsequently discovers further losses, the victim shall
have 60 days after discovery of those losses in which to peti-
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tion the court for an amended restitution order. Such order
may be granted only upon a showing of good cause for the
failure to include such losses in the initial claim for
restitutionary relief.
‘‘(d) DEFINITIONS.—For purposes of this section, the
term ‘victim’ includes the individual harmed as a result
of a commission of a crime under this chapter, including,
in the case of a victim who is under 18 years of age, incom-
petent, incapacitated, or deceased, the legal guardian of the
victim or representative of the victim’s estate, another fam-
ily member, or any other person appointed as suitable by
the court: Provided, That in no event shall the defendant
be named as such representative or guardian.’’.
(2) TABLE OF SECTIONS.—The table of sections for
chapter 109A of title 18, United States Code, is amended
by adding at the end thereof the following:
‘‘2248. Mandatory restitution.’’.
(b) SEXUAL EXPLOITATION AND OTHER ABUSE OF
CHILDREN.—(1) Chapter 110 of title 18, United States
Code, is amended by adding at the end thereof the following:
‘‘§ 2259. Mandatory restitution
‘‘(a) IN GENERAL.—Notwithstanding the terms of sec-
tion 3663 of this title, and in addition to any other civil
or criminal penalty authorized by law, the court shall order
restitution for any offense under this chapter.
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‘‘(b) SCOPE AND NATURE OF ORDER.—(1) The order
of restitution under this section shall direct that—
‘‘(A) the defendant pay to the victim (through
the appropriate court mechanism) the full amount of
the victim’s losses as determined by the court, pursu-
ant to paragraph (2); and
‘‘(B) the United States Attorney enforce the res-
titution order by all available and reasonable means.
‘‘(2) For purposes of this subsection, the term ‘full
amount of the victim’s losses’ includes any costs incurred
by the victim for—
‘‘(A) medical services relating to physical, psy-
chiatric, or psychological care;
‘‘(B) physical and occupational therapy or reha-
bilitation;
‘‘(C) necessary transportation, temporary hous-
ing, and child care expenses;
‘‘(D) lost income;
‘‘(E) attorneys’ fees, expert witness and inves-
tigators’ fees, interpretive services, and court costs;
and
‘‘(F) any other losses suffered by the victim as a
proximate result of the offense.
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‘‘(3) Restitution orders under this section are manda-
tory. A court may not decline to issue an order under this
section because of—
‘‘(A) the economic circumstances of the defend-
ant; or
‘‘(B) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the
proceeds of insurance or any other source.
‘‘(4)(A) Notwithstanding the terms of paragraph (3),
the court may take into account the economic circumstances
of the defendant in determining the manner in which and
the schedule according to which the restitution is to be paid.
‘‘(B) For purposes of this paragraph, the term ‘eco-
nomic circumstances’ includes—
‘‘(i) the financial resources and other assets of
the defendant;
‘‘(ii) projected earnings, earning capacity, and
other income of the defendant; and
‘‘(iii) any financial obligations of the defendant,
including obligations to dependents.
‘‘(C) An order under this section may direct the de-
fendant to make a single lump-sum payment or partial
payments at specified intervals. The order shall also provide
that the defendant’s restitutionary obligation takes priority
over any criminal fine ordered.
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‘‘(D) In the event that the victim has recovered for any
amount of loss through the proceeds of insurance or any
other source, the order of restitution shall provide that res-
titution be paid to the person who provided the compensa-
tion, but that restitution shall be paid to the victim for the
victim’s other losses before any restitution is paid to any
other provider of compensation.
‘‘(5) Any amount paid to a victim under this section
shall be set off against any amount later recovered as com-
pensatory damages by the victim from the defendant in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the extent
provided by the law of the State.
‘‘(c) PROOF OF CLAIM.—(1) Within 60 days after con-
viction and, in any event, no later than 10 days prior to
sentencing, the United States Attorney (or the United States
Attorney’s delegee), after consulting with the victim, shall
prepare and file an affidavit with the court listing the
amounts subject to restitution under this section. The affi-
davit shall be signed by the United States Attorney (or the
United States Attorney’s delegee) and the victim. Should
the victim object to any of the information included in the
affidavit, the United States Attorney (or the United States
Attorney’s delegee) shall advise the victim that the victim
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may file a separate affidavit and shall provide the victim
with an affidavit form which may be used to do so.
‘‘(2) If no objection is raised by the defendant, the
amounts attested to in the affidavit filed pursuant to sub-
section (1) shall be entered in the court’s restitution order.
If objection is raised, the court may require the victim or
the United States Attorney (or the United States Attorney’s
delegee) to submit further affidavits or other supporting
documents, demonstrating the victim’s losses.
‘‘(3) If the court concludes, after reviewing the support-
ing documentation and considering the defendant’s objec-
tions, that there is a substantial reason for doubting the
authenticity or veracity of the records submitted, the court
may require additional documentation or hear testimony
on those questions. Any records filed, or testimony heard,
pursuant to this section, shall be in camera in the judge’s
chambers.
‘‘(4) In the event that the victim’s losses are not ascer-
tainable 10 days prior to sentencing as provided in sub-
section (c)(1), the United States Attorney (or the United
States Attorney’s delegee) shall so inform the court, and the
court shall set a date for the final determination of the vic-
tim’s losses, not to exceed 90 days after sentencing. If the
victim subsequently discovers further losses, the victim shall
have 60 days after discovery of those losses in which to peti-
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tion the court for an amended restitution order. Such order
may be granted only upon a showing of good cause for the
failure to include such losses in the initial claim for
restitutionary relief.
‘‘(d) DEFINITIONS.—For purposes of this section, the
term ‘victim’ includes the individual harmed as a result
of a commission of a crime under this chapter, including,
in the case of a victim who is under 18 years of age, incom-
petent, incapacitated, or deceased, the legal guardian of the
victim or representative of the victim’s estate, another fam-
ily member, or any other person appointed as suitable by
the court: Provided, That in no event shall the defendant
be named as such representative or guardian.’’.
(2) The table of sections for chapter 110 of title 18,
United States Code, is amended by adding at the end there-
of the following:
‘‘2259. Mandatory restitution.’’.
SEC. 3214. AUTHORIZATION FOR FEDERAL VICTIM’S COUN-
SELORS.
There is authorized to be appropriated for fiscal year
1994, $1,500,000 for the United States Attorneys for the
purpose of appointing Victim/Witness Counselors for the
prosecution of sex crimes and domestic violence crimes
where applicable (such as the District of Columbia).
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Subtitle B—Law Enforcement and
Prosecution Grants to Reduce
Violent Crimes Against Women
SEC. 3221. GRANTS TO COMBAT VIOLENT CRIMES AGAINST
WOMEN.
(a) IN GENERAL.—Title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),
as amended by section 4 of Public Law 102–521 (106 Stat.
3404), is amended by—
(1) redesignating part Q as part R;
(2) redesignating section 1701 as section 1801;
and
(3) adding after part P the following new part:
‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES
AGAINST WOMEN
‘‘SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.
‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of
this part is to assist States, Indian tribes, cities, and other
localities to develop effective law enforcement and prosecu-
tion strategies to combat violent crimes against women and,
in particular, to focus efforts on those areas with the highest
rates of violent crime against women.
‘‘(b) PURPOSES
FOR
WHICH
GRANTS
MAY
BE
USED.—Grants under this part shall provide additional
personnel, training, technical assistance, data collection
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and other equipment for the more widespread apprehension,
prosecution, and adjudication of persons committing vio-
lent crimes against women and specifically, for the purposes
of—
‘‘(1) training law enforcement officers and pros-
ecutors to more effectively identify and respond to
violent crimes against women, including the crimes of
sexual assault and domestic violence;
‘‘(2) developing, training, or expanding units of
law enforcement officers and prosecutors specifically
targeting violent crimes against women, including the
crimes of sexual assault and domestic violence;
‘‘(3) developing and implementing police and
prosecution policies, protocols, or orders specifically
devoted to identifying and responding to violent
crimes against women, including the crimes of sexual
assault and domestic violence;
‘‘(4) developing, installing, or expanding data
collection systems, including computerized systems,
linking police, prosecutors, and courts or for the pur-
pose of identifying and tracking arrests, prosecutions,
and convictions for the crimes of sexual assault and
domestic violence; and
‘‘(5) developing, enlarging, or strengthening vic-
tim services programs, including sexual assault and
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domestic violence programs, to increase reporting and
reduce attrition rates for cases involving violent
crimes against women, including the crimes of sexual
assault and domestic violence.
‘‘Subpart 1—High Intensity Crime Area Grants
‘‘SEC. 1711. HIGH INTENSITY GRANTS.
‘‘(a) IN GENERAL.—The Director of the Bureau of Jus-
tice Assistance (referred to in this part as the ‘Director’)
shall make grants to areas of ‘high intensity crime’ against
women.
‘‘(b) DEFINITION.—For purposes of this part, ‘high in-
tensity crime area’ means an area with one of the 40 highest
rates of violent crime against women, as determined by the
Bureau of Justice Statistics pursuant to section 1712.
‘‘SEC. 1712. HIGH INTENSITY GRANT APPLICATION.
‘‘(a) COMPUTATION.—Within 45 days after the date of
enactment of this part, the Bureau of Justice Statistics shall
compile a list of the 40 areas with the highest rates of vio-
lent crime against women based on the combined female vic-
timization rate per population for assault, sexual assault
(including, but not limited to, rape), murder, robbery, and
kidnapping (without regard to the relationship between the
crime victim and the offenders).
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‘‘(b) USE OF DATA.—In calculating the combined fe-
male victimization rate required by subsection (a), the Bu-
reau of Justice Statistics may rely on—
‘‘(1) existing data collected by States, munici-
palities, Indian reservations or statistical metropoli-
tan areas showing the number of police reports of the
crimes listed in subsection (a); and
‘‘(2) existing data collected by the Federal Bu-
reau of Investigation, including data from those gov-
ernmental entities already complying with the Na-
tional Incident Based Reporting System, showing the
number of police reports of crimes listed in subsection
(a).
‘‘(c) PUBLICATION.—After compiling the list set forth
in subsection (a), the Bureau of Justice Statistics shall con-
vey it to the Director who shall publish it in the Federal
Register.
‘‘(d) QUALIFICATION.—Upon satisfying the terms of
subsection (e), any high intensity crime area shall be quali-
fied for a grant under this subpart upon application by
the chief executive officer of the governmental entities re-
sponsible for law enforcement and prosecution of criminal
offenses within the area and certification that—
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‘‘(1) the funds shall be used to reduce the rate of
violent crimes against women and for at least 3 of the
purposes outlined in section 1701(b);
‘‘(2) grantees and subgrantees shall develop a
plan for implementation, and otherwise consult and
coordinate program grants, with nongovernmental
nonprofit victim services programs; and
‘‘(3) at least 25 percent of the amount granted
shall be allocated, without duplication, to each of the
following three areas: prosecution, law enforcement,
and victim services.
‘‘(e) APPLICATION REQUIREMENTS.—The application
requirements provided in section 513 of this title shall
apply to grants made under this subpart. In addition, each
application must provide the certifications required by sub-
section (d) including documentation from nonprofit non-
governmental victim services programs showing their par-
ticipation in developing the plan required by subsection
(d)(2). Applications shall—
‘‘(1) include documentation from the prosecution,
law enforcement, and victim services programs to be
assisted showing—
‘‘(A) need for the grant funds;
‘‘(B) intended use of the grant funds;
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‘‘(C) expected results from the use of grant
funds; and
‘‘(D) demographic characteristics of the
population to be served, including age, marital
status, disability, race, ethnicity, and language
background; and
‘‘(2) include proof of compliance with the re-
quirements for the payment of forensic medical exams
provided in section 162 of this title.
‘‘(f) DISBURSEMENT.—
‘‘(1) No later than 60 days after the receipt of
an application under this subpart, the Director shall
either disburse the appropriate sums provided for
under this subpart or shall inform the applicant why
the application does not conform to the terms of sec-
tion 513 of this title or to the requirements of this sec-
tion.
‘‘(2) In disbursing monies under this subpart,
the Director shall issue regulations to ensure that
grantees—
‘‘(A) equitably distribute funds on a geo-
graphic basis;
‘‘(B) determine the amount of subgrants
based on the population to be served;
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‘‘(C) give priority to areas with the greatest
showing of need; and
‘‘(D) recognize and address the needs of un-
derserved populations.
‘‘(g) GRANTEE REPORTING.—(1) Upon completion of
the grant period under this subpart, the grantee shall file
a performance report with the Director explaining the ac-
tivities carried out together with an assessment of the effec-
tiveness of those activities in achieving the purposes of this
part.
‘‘(2) A section of the performance report shall be com-
pleted by each grantee or subgrantee performing the services
contemplated in the grant application, certifying perform-
ance of the services under the grants.
‘‘(3) The Director shall suspend funding for an ap-
proved application if an applicant fails to submit an an-
nual performance report or if funds are expended for pur-
poses other than those set forth under this subpart. Federal
funds may be used to supplement, not supplant, State
funds.
‘‘Subpart 2—Other Grants to States To Combat
Violent Crimes Against Women
‘‘SEC. 1721. GENERAL GRANTS TO STATES.
‘‘(a) GENERAL GRANTS.—The Director may make
grants to States, for use by States, units of local government
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in the States, and nonprofit nongovernmental victim serv-
ices programs in the States, for the purposes outlined in
section 1701(b), and to reduce the rate of violent crimes
against women.
‘‘(b) AMOUNTS.—From amounts appropriated, the
amount of grants under subsection (a) shall be—
‘‘(1) $500,000 to each State; and
‘‘(2) that portion of the then remaining available
money to each State that results from a distribution
among the States on the basis of each State’s popu-
lation in relation to the population of all States.
‘‘(c) QUALIFICATION.—Upon satisfying the terms of
subsection (d), any State shall be qualified for funds pro-
vided under this part upon certification that—
‘‘(1) the funds shall be used to reduce the rate of
violent crimes against women and for at least 3 of the
purposes outlined in section 1701(b);
‘‘(2) grantees and subgrantees shall develop a
plan for implementation, and otherwise consult and
coordinate, with nonprofit nongovernmental victim
services programs, including sexual assault and do-
mestic violence victim services programs; and
‘‘(3) at least 25 percent of the amount granted
shall be allocated, without duplication, to each of the
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following three areas: prosecution, law enforcement,
and victim services.
‘‘(d) APPLICATION REQUIREMENTS.—The application
requirements provided in section 513 of this title shall
apply to grants made under this subpart. In addition, each
application shall include the certifications of qualification
required by subsection (c) including documentation from
nonprofit nongovernmental victim services programs show-
ing their participation in developing the plan required by
subsection (c)(2). Applications shall—
‘‘(1) include documentation from the prosecution,
law enforcement, and victim services programs to be
assisted showing—
‘‘(A) need for the grant funds;
‘‘(B) intended use of the grant funds;
‘‘(C) expected results from the use of grant
funds; and
‘‘(D) demographic characteristics of the
populations to be served, including age, marital
status, disability, race, ethnicity and language
background; and
‘‘(2) proof of compliance with the requirements
for the payment of forensic medical exams provided
in section 162 of this title.
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‘‘(e) DISBURSEMENT.—(1) No later than 60 days after
the receipt of an application under this subpart, the Direc-
tor shall either disburse the appropriate sums provided for
under this subpart or shall inform the applicant why the
application does not conform to the terms of section 513
of this title or to the requirements of this section.
‘‘(2) In disbursing monies under this subpart, the Di-
rector shall issue regulations to ensure that States will—
‘‘(A) give priority to areas with the greatest
showing of need;
‘‘(B) determine the amount of subgrants based on
the population and geographic area to be served;
‘‘(C) equitably distribute monies on a geographic
basis including nonurban and rural areas, and giving
priority to localities with populations under 100,000;
and
‘‘(D) recognize and address the needs of under-
served populations.
‘‘(f) GRANTEE REPORTING.—Upon completion of the
grant period under this subpart, the State grantee shall file
a performance report with the Director explaining the ac-
tivities carried out together with an assessment of the effec-
tiveness of those activities in achieving the purposes of this
subpart. A section of this performance report shall be com-
pleted by each grantee and subgrantee that performed the
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direct services contemplated in the application, certifying
performance of direct services under the grant. The Director
shall suspend funding for an approved application if an
applicant fails to submit an annual performance report or
if funds are expended for purposes other than those set forth
under this subpart. Federal funds may only be used to sup-
plement, not supplant, State funds.
‘‘SEC. 1722. GENERAL GRANTS TO TRIBES.
‘‘(a) GENERAL GRANTS.—The Director is authorized
to make grants to Indian tribes, for use by tribes, tribal
organizations or nonprofit nongovernmental victim services
programs on Indian reservations, for the purposes outlined
in section 1701(b), and to reduce the rate of violent crimes
against women in Indian country.
‘‘(b) AMOUNTS.—From amounts appropriated, the
amount of grants under subsection (a) shall be awarded on
a competitive basis to tribes, with minimum grants of
$35,000 and maximum grants of $300,000.
‘‘(c) QUALIFICATION.—Upon satisfying the terms of
subsection (d), any tribe shall be qualified for funds pro-
vided under this part upon certification that—
‘‘(1) the funds shall be used to reduce the rate of
violent crimes against women and for at least 3 of the
purposes outlined in section 1701(b);
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‘‘(2) grantees and subgrantees shall develop a
plan for implementation, and otherwise consult and
coordinate with nonprofit; and
‘‘(3) at least 25 percent of the grant funds shall
be allocated to each of the following three areas: pros-
ecution, law enforcement, and victim services.
‘‘(d) APPLICATION REQUIREMENTS.—(1) Applications
shall be made directly to the Director and shall contain a
description of the tribes’ law enforcement responsibilities for
the Indian country described in the application and a de-
scription of the tribes’ system of courts, including whether
the tribal government operates courts of Indian offenses
under section 201 of Public Law 90–284 (25 U.S.C. 1301)
or part 11 of title 25, Code of Federal Regulations.
‘‘(2) Applications shall be in such form as the Director
may prescribe and shall specify the nature of the program
proposed by the applicant tribe, the data and information
on which the program is based, and the extent to which
the program plans to use or incorporate existing victim
services available in the Indian country where the grant
will be used.
‘‘(3) The term of any grant shall be for a minimum
of 3 years.
‘‘(e) GRANTEE REPORTING.—At the end of the first 12
months of the grant period and at the end of each year
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thereafter, the Indian tribal grantee shall file a performance
report with the Director explaining the activities carried
out together with an assessment of the effectiveness of those
activities in achieving the purposes of this subpart. A sec-
tion of this performance report shall be completed by each
grantee or subgrantee that performed the direct services con-
templated in the application, certifying performance of di-
rect services under the grant. The Director shall suspend
funding for an approved application if an applicant fails
to submit an annual performance report or if funds are
expended for purposes other than those set forth under this
subpart. Federal funds may only be used to supplement,
not supplant, State funds.
‘‘(f) DEFINITIONS.—(1) The term ‘Indian tribe’ means
any Indian tribe, band, nation, or other organized group
or community, including any Alaska Native village or re-
gional or village corporation (as defined in, or established
pursuant to, the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.)), which is recognized as eligible for the
special services provided by the United States to Indians
because of their status as Indians.
‘‘(2) The term ‘Indian country’ has the meaning stated
in section 1151 of title 18, United States Code.
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‘‘Subpart 3—General Terms and Conditions
‘‘SEC. 1731. GENERAL DEFINITIONS.
‘‘As used in this part—
‘‘(1) the term ‘victim services’ means any non-
governmental nonprofit organization that assists vic-
tims, including rape crisis centers, battered women’s
shelters, or other rape or domestic violence programs,
including nonprofit nongovernmental organizations
assisting victims through the legal process;
‘‘(2) the term ‘prosecution’ means any public
agency charged with direct responsibility for prosecut-
ing criminal offenders, including such agency’s com-
ponent bureaus (such as governmental victim/witness
programs);
‘‘(3) the term ‘law enforcement’ means any pub-
lic agency charged with policing functions, including
any of its component bureaus (such as governmental
victim services programs);
‘‘(4) the term ‘sexual assault’ includes not only
assaults committed by offenders who are strangers to
the victim but also assaults committed by offenders
who are known or related by blood or marriage to the
victim;
‘‘(5) the term ‘domestic violence’ includes felony
or misdemeanor offenses committed by a current or
former spouse of the victim, a person with whom the
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victim shares a child in common, a person who is co-
habitating with or has cohabitated with the victim as
a spouse, a person similarly situated to a spouse of
the victim under the domestic or family violence laws
of the jurisdiction receiving grant monies, or commit-
ted by any other adult person upon a victim who is
protected from that person’s acts under the domestic
or family violence laws of the jurisdiction receiving
grant monies; and
‘‘(6) the term ‘underserved populations’ includes
populations underserved because of geographic loca-
tion (such as rural isolation), underserved racial or
ethnic populations, and populations underserved be-
cause of special needs, such as language barriers or
physical disabilities.
‘‘SEC. 1732. GENERAL TERMS AND CONDITIONS.
‘‘(a) NONMONETARY ASSISTANCE.—In addition to the
assistance provided under subparts 1 or 2, the Director may
direct any Federal agency, with or without reimbursement,
to use its authorities and the resources granted to it under
Federal law (including personnel, equipment, supplies, fa-
cilities, and managerial, technical, and advisory services)
in support of State and local assistance efforts.
‘‘(b) BUREAU REPORTING.—No later than 180 days
after the end of each fiscal year for which grants are made
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under this part, the Director shall submit to the Judiciary
Committees of the House and the Senate a report that in-
cludes, for each high intensity crime area (as provided in
subpart 1) and for each State and for each grantee Indian
tribe (as provided in subpart 2)—
‘‘(1) the amount of grants made under this part;
‘‘(2) a summary of the purposes for which those
grants were provided and an evaluation of their
progress;
‘‘(3) a statistical summary of persons served, de-
tailing the nature of victimization, and providing
data on age, sex, relationship of victim to offender,
geographic distribution, race, ethnicity, language, and
disability; and
‘‘(4) a copy of each grantee report filed pursuant
to sections 1712(g), 1721(f) and 1722(c).
‘‘(c) REGULATIONS.—No later than 90 days after the
date of enactment of this part, the Director shall publish
proposed regulations implementing this part. No later than
120 days after such date, the Director shall publish final
regulations implementing this part.
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for each of fiscal years
1994, 1995, and 1996, $100,000,000 to carry out subpart
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1, and $190,000,000 to carry out subpart 2, and
$10,000,000 to carry out section 1722 of subpart 2.’’.
(b) TECHNICAL AMENDMENT.—The table of contents of
title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended by striking
the matter relating to part Q and inserting the following:
‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
‘‘Sec. 1701. Purpose of the program and grants.
‘‘SUBPART 1—HIGH INTENSITY CRIME AREA GRANTS
‘‘Sec. 1711. High intensity grants.
‘‘Sec. 1712. High intensity grant application.
‘‘SUBPART 2—OTHER GRANTS TO STATES TO COMBAT VIOLENT CRIMES AGAINST
WOMEN
‘‘Sec. 1721. General grants to States.
‘‘Sec. 1722. General grants to tribes.
‘‘SUBPART 3—GENERAL TERMS AND CONDITIONS
‘‘Sec. 1731. General definitions.
‘‘Sec. 1732. General terms and conditions.
‘‘PART R—TRANSITION—EFFECTIVE DATE—REPEALER
‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.
Subtitle C—Safety for Women in
Public Transit and Public Parks
SEC. 3231. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE-
VENT CRIME IN PUBLIC TRANSPORTATION.
Section 24 of the Urban Mass Transportation Act of
1964 (49 U.S.C. App. 1620) is amended to read as follows:
‘‘GRANTS TO PREVENT CRIME IN PUBLIC TRANSPORTATION
‘‘SEC. 24. (a) GENERAL PURPOSE.—From funds au-
thorized under section 21, not to exceed $10,000,000, the
Secretary shall make capital grants for the prevention of
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crime and to increase security in existing and future public
transportation systems. None of the provisions of titles
XXXI through XXXVII may be construed to prohibit the
financing of projects under this section where law enforce-
ment responsibilities are vested in a local public body other
than the grant applicant.
‘‘(b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE,
AND SECURITY PHONES.—
‘‘(1) From the sums authorized for expenditure
under this section for crime prevention, the Secretary
is authorized to make grants and loans to States and
local public bodies or agencies for the purpose of in-
creasing the safety of public transportation by—
‘‘(A) increasing lighting within or adjacent
to public transportation systems, including bus
stops, subway stations, parking lots, or garages;
‘‘(B) increasing camera surveillance of
areas within and adjacent to public transpor-
tation systems, including bus stops, subway sta-
tions, parking lots, or garages;
‘‘(C) providing emergency phone lines to
contact law enforcement or security personnel in
areas within or adjacent to public transportation
systems, including bus stops, subway stations,
parking lots, or garages; or
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‘‘(D) any other project intended to increase
the security and safety of existing or planned
public transportation systems.
‘‘(2) From the sums authorized under this sec-
tion, at least 75 percent shall be expended on projects
of the type described in subsection (b)(1) (A) and (B).
‘‘(c) REPORTING.—All grants under this section are
contingent upon the filing of a report with the Secretary
and the Department of Justice, Office of Victims of Crime,
showing crime rates in or adjacent to public transportation
before, and for a 1-year period after, the capital improve-
ment. Statistics shall be broken down by type of crime, sex,
race, ethnicity, language, and relationship of victim to the
offender.
‘‘(d) INCREASED FEDERAL SHARE.—Notwithstanding
any other provision of this Act, the Federal share under
this section for each capital improvement project which en-
hances the safety and security of public transportation sys-
tems and which is not required by law (including any other
provision of this chapter) shall be 90 percent of the net
project cost of such project.
‘‘(e) SPECIAL GRANTS FOR PROJECTS TO STUDY IN-
CREASING SECURITY FOR WOMEN.—From the sums author-
ized under this section, the Secretary shall provide grants
and loans for the purpose of studying ways to reduce violent
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crimes against women in public transit through better de-
sign or operation of public transit systems.
‘‘(f) GENERAL REQUIREMENTS.—All grants or loans
provided under this section shall be subject to all the terms,
conditions, requirements, and provisions applicable to
grants and loans made under section 2(a).’’.
SEC. 3232. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE-
VENT CRIME IN NATIONAL PARKS.
Public Law 91–383 (commonly known as the National
Park System Improvements in Administration Act) (16
U.S.C. 1a–1 et seq.) is amended by adding at the end the
following new section:
‘‘SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION AS-
SISTANCE.
‘‘(a) From the sums authorized pursuant to section 7
of the Land and Water Conservation Act of 1965, not to
exceed $10,000,000, the Secretary of the Interior may pro-
vide Federal assistance to reduce the incidence of violent
crime in the National Park System.
‘‘(b) The Secretary shall direct the chief official respon-
sible for law enforcement within the National Park Services
to—
‘‘(1) compile a list of areas within the National
Park System with the highest rates of violent crime;
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‘‘(2) make recommendations concerning capital
improvements, and other measures, needed within the
National Park System to reduce the rates of violent
crime, including the rate of sexual assault; and
‘‘(3) publish the information required by para-
graphs (1) and (2) in the Federal Register.
‘‘(c) No later than 120 days after the date of enactment
of this section, and based on the recommendations and list
issued pursuant to subsection (b), the Secretary shall dis-
tribute funds throughout the National Park Service. Prior-
ity shall be given to those areas with the highest rates of
sexual assault.
‘‘(d) Funds provided under this section may be used
for the following purposes:
‘‘(1) To increase lighting within or adjacent to
public parks and recreation areas.
‘‘(2) To provide emergency phone lines to contact
law enforcement or security personnel in areas within
or adjacent to public parks and recreation areas.
‘‘(3) To increase security or law enforcement per-
sonnel within or adjacent to public parks and recre-
ation areas.
‘‘(4) Any other project intended to increase the
security and safety of public parks and recreation
areas.’’.
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SEC. 3233. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE-
VENT CRIME IN PUBLIC PARKS.
Section 6 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l–8) is amended by adding at
the end the following new subsection:
‘‘(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS
TO REDUCE CRIME.—In addition to assistance for plan-
ning projects, and in addition to the projects identified in
subsection (e), and from amounts appropriated, the Sec-
retary shall provide financial assistance to the States, not
to exceed $15,000,000 in total, for the following types of
projects or combinations thereof:
‘‘(1) For the purpose of making capital improve-
ments and other measures to increase safety in urban
parks and recreation areas, including funds to—
‘‘(A) increase lighting within or adjacent to
public parks and recreation areas;
‘‘(B) provide emergency phone lines to con-
tact law enforcement or security personnel in
areas within or adjacent to public parks and
recreation areas;
‘‘(C) increase security personnel within or
adjacent to public parks and recreation areas;
and
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‘‘(D) fund any other project intended to in-
crease the security and safety of public parks
and recreation areas.
‘‘(2) In addition to the requirements for project
approval imposed by this section, eligibility for assist-
ance under this subsection is dependent upon a show-
ing of need. In providing funds under this subsection,
the Secretary shall give priority to those projects pro-
posed for urban parks and recreation areas with the
highest rates of crime and, in particular, to urban
parks and recreation areas with the highest rates of
sexual assault.
‘‘(3) Notwithstanding subsection (c), the Sec-
retary may provide 70 percent improvement grants
for projects undertaken by any State for the purposes
outlined in this subsection. The remaining share of
the cost shall be borne by the State.’’.
Subtitle D—National Commission
on Violence Against Women
SEC. 3241. ESTABLISHMENT.
Not later than 30 days after the date of enactment of
this Act, there shall be established a commission to be known
as the National Commission on Violence Against Women
(referred to in this subtitle as the ‘‘Commission’’).
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SEC. 3242. GENERAL PURPOSES OF COMMISSION.
(a) GENERAL PURPOSE OF THE COMMISSION.—The
Commission shall recommend Federal, State, and local
strategies for preventing and sanctioning violent crime
against women, including the enhancement and protection
of the rights of the victims of such crimes.
(b) FUNCTIONS.—The purpose of the Commission shall
include—
(1) evaluating the adequacy of, and make rec-
ommendations regarding, current law enforcement ef-
forts at the Federal and State levels to reduce the rate
of violent crimes against women and to punish those
responsible for such crime;
(2) evaluating the adequacy of, and make rec-
ommendations regarding, the responsiveness of State
prosecutors and State courts to violent crimes against
women;
(3) evaluating the adequacy of rules of evidence,
practice and procedure to ensure the effective prosecu-
tion and conviction of violent offenders against
women and to protect victims from abuse in legal
proceedings, making recommendations, where nec-
essary, to improve those rules;
(4) evaluating the adequacy of pretrial release,
sentencing, incarceration, and post-conviction release
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for crimes that predominantly affect women, such as
rape and domestic violence;
(5) evaluating the adequacy of, and make rec-
ommendations regarding, the adequacy of State and
Federal laws on sexual assault and the need for a
more uniform statutory response to sex offenses, in-
cluding sexual assaults and other sex offenses commit-
ted by offenders who are known or related by blood
or marriage to the victim;
(6) evaluating the adequacy of, and make rec-
ommendations regarding, the adequacy of State and
Federal Laws on domestic violence and the need for
a more uniform statutory response to domestic vio-
lence;
(7) evaluating the adequacy of, and make rec-
ommendations regarding, the adequacy of current
education, prevention, and protection services for
women victims of violent crimes;
(8) assessing the issuance, formulation, and en-
forcement of protective orders, whether or not related
to a criminal proceeding, and making recommenda-
tions for their more effective use in domestic violence
and stalking cases;
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(9) assessing the problem of stalking and persist-
ent menacing and recommending effective means of
response to the problem; and
(10) evaluating the adequacy of, and make rec-
ommendations regarding, the national public aware-
ness and the public dissemination of information es-
sential to the prevention of violent crimes against
women.
SEC. 3243. MEMBERSHIP.
(a) IN GENERAL.—The Commission shall consist of 12
members, as follows:
(1) PRESIDENT.—Four individuals, not more
than two of whom shall be of the same major political
party.
(2) SENATE.—Four individuals, two appointed
by the Majority Leader and two by the Minority
Leader.
(3) HOUSE OF REPRESENTATIVES.—Four indi-
viduals, two appointed by the Majority Leader and
two by the Minority Leader.
(b) REPRESENTATION.—The Commission members
shall be chosen based on their education, training, or experi-
ence, and shall include representatives of State and local
law enforcement, judicial administration, prosecution, legal
experts, persons devoted to the protection of victims’ rights,
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persons providing services to the victims of sexual assault
or domestic violence, and survivors of violence.
(c) VACANCIES.—A vacancy on the Commission shall
be filled in the manner in which the original appointment
was made.
SEC. 3244. COMMISSION OPERATIONS.
(a) MEETINGS.—The Commission shall hold its first
meeting not later than 90 days after the date of enactment
of this Act. After the initial meeting, the Commission shall
meet at least 6 times.
(b) CHAIR.—Not later than 15 days after the members
of the Commission are appointed, the President shall des-
ignate a chair from among the members of the Commission.
(c) PAY.—Members of the Commission who are officers
or employees or elected officials of a government entity shall
receive no additional compensation by reason of their serv-
ice on the Commission.
(d) PER DIEM.—Except as provided in subsection (c),
members of the Commission shall be allowed travel and
other expenses including per diem in lieu of subsistence, at
rates authorized for employees of agencies under sections
5702 and 5703 of title 5, United States Code.
SEC. 3245. REPORTS.
(a) IN GENERAL.—Not later than 1 year after the date
on which the Commission is fully constituted under section
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3243, the Commission shall prepare and submit a final re-
port to the President, the Senate Majority Leader, the Sen-
ate Republican Leader, the House Majority Leader, the
House Republican Leader, and to the congressional commit-
tees that have jurisdiction over legislation addressing vio-
lent crimes against women, including the crimes of domestic
and sexual assault.
(b) CONTENTS.—The final report submitted under
paragraph (1) shall contain a detailed statement of the ac-
tivities of the Commission and of the findings and conclu-
sions of the Commission, including such recommendations
for legislation and administrative action as the Commission
considers appropriate.
SEC. 3246. EXECUTIVE DIRECTOR AND STAFF.
(a) EXECUTIVE DIRECTOR.—
(1) APPOINTMENT.—The Commission shall have
an Executive Director who shall be appointed by the
Chair, with the approval of the Commission, not later
than 30 days after the Chair is selected.
(2) COMPENSATION.—The Executive Director
shall be compensated at a rate not to exceed the maxi-
mum rate of the basic pay payable for a position
above GS–15 of the General Schedule contained in
title 5, United States Code.
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(b) STAFF.—With the approval of the Commission, the
Executive Director may appoint and fix the compensation
of such additional personnel as the Executive Director con-
siders necessary to carry out the duties of the Commission.
(c) APPLICABILITY OF CIVIL SERVICE LAWS.—The Ex-
ecutive Director and the additional personnel of the Com-
mission appointed under subsection (b) may be appointed
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
and may be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of such title relating
to classification and General Schedule pay rates.
(d) CONSULTANTS.—Subject to such rules as may be
prescribed by the Commission, the Executive Director may
procure temporary or intermittent services under section
3109(b) of title 5, United States Code, at rates for individ-
uals not to exceed $200 per day.
SEC. 3247. POWERS OF COMMISSION.
(a) HEARINGS.—For the purpose of carrying out this
subtitle, the Commission may conduct such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence, as the Commission considers appro-
priate. The Commission may administer oaths before the
Commission.
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(b) DELEGATION.—Any member or employee of the
Commission may, if authorized by the Commission, take
any action that the Commission is authorized to take under
this subtitle.
(c) ACCESS TO INFORMATION.—The Commission may
request directly from any executive department or agency
such information as may be necessary to enable the Com-
mission to carry out this subtitle, on the request of the Chair
of the Commission.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same condi-
tions as other departments and agencies of the United
States.
SEC. 3248. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this subtitle $500,000 for fiscal year 1994.
SEC. 3249. TERMINATION.
The Commission shall cease to exist 30 days after the
date on which its final report is submitted under section
3244.
Subtitle E—New Evidentiary Rules
SEC. 3251. SEXUAL HISTORY IN ALL CRIMINAL CASES.
(a) RULE.—The Federal Rules of Evidence are amend-
ed by inserting after rule 412 the following new rule:
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‘‘Rule 412A. Evidence of victim’s past behavior in
other criminal cases
‘‘(a) REPUTATION
AND
OPINION
EVIDENCE
EX-
CLUDED.—Notwithstanding any other law, in a criminal
case, other than a sex offense case governed by rule 412,
reputation or opinion evidence of the past sexual behavior
of an alleged victim is not admissible.
‘‘(b) ADMISSIBILITY.—Notwithstanding any other law,
in a criminal case, other than a sex offense case governed
by rule 412, evidence of an alleged victim’s past sexual be-
havior (other than reputation and opinion evidence) may
be admissible if—
‘‘(1) the evidence is admitted in accordance with
the procedures specified in subdivision (c); and
‘‘(2) the probative value of the evidence out-
weighs the danger of unfair prejudice.
‘‘(c) PROCEDURES.—(1) If the defendant intends to
offer evidence of specific instances of the alleged victim’s
past sexual behavior, the defendant shall make a written
motion to offer such evidence not later than 15 days before
the date on which the trial in which such evidence is to
be offered is scheduled to begin, except that the court may
allow the motion to be made at a later date, including dur-
ing trial, if the court determines either that the evidence
is newly discovered and could not have been obtained earlier
through the exercise of due diligence or that the issue to
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which such evidence relates has newly arisen in the case.
Any motion made under this paragraph shall be served on
all other parties and on the alleged victim.
‘‘(2) The motion described in paragraph (1) shall be
accompanied by a written offer of proof. If necessary, the
court shall order a hearing in chambers to determine if such
evidence is admissible. At the hearing, the parties may call
witnesses, including the alleged victim and offer relevant
evidence. Notwithstanding subdivision (b) of rule 104, if the
relevancy of the evidence which the defendant seeks to offer
in the trial depends upon the fulfillment of a condition of
fact, the court, at the hearing in chambers or at a subse-
quent hearing in chambers scheduled for such purpose, shall
accept evidence on the issue of whether such condition of
fact is fulfilled and shall determine such issue.
‘‘(3) If the court determines on the basis of the hearing
described in paragraph (2), that the evidence the defendant
seeks to offer is relevant, not excluded by any other evi-
dentiary rule, and that the probative value of such evidence
outweighs the danger of unfair prejudice, such evidence
shall be admissible in the trial to the extent an order made
by the court specifies the evidence which may be offered and
areas with respect to which the alleged victim may be exam-
ined or cross-examined. In its order, the court should con-
sider (A) the chain of reasoning leading to its finding of
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relevance, and (B) why the probative value of the evidence
outweighs the danger of unfair prejudice given the potential
of the evidence to humiliate and embarrass the alleged vic-
tim and to result in unfair or biased jury inferences.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
for the Federal Rules of Evidence is amended by inserting
after the item relating to rule 412 the following new item:
‘‘412A. Evidence of victim’s past behavior in other criminal cases:
‘‘(a) Reputation and opinion evidence excluded.
‘‘(b) Admissibility.
‘‘(c) Procedures.’’.
SEC. 3252. SEXUAL HISTORY IN CIVIL CASES.
(a) RULE.—The Federal Rules of Evidence, as amend-
ed by section 3251, are amended by adding after rule 412A
the following new rule:
‘‘Rule 412B. Evidence of past sexual behavior in civil
cases
‘‘(a) REPUTATION
AND
OPINION
EVIDENCE
EX-
CLUDED.—Notwithstanding any other law, in a civil case
in which a defendant is accused of actionable sexual mis-
conduct, reputation or opinion evidence of the plaintiff’s
past sexual behavior is not admissible.
‘‘(b) ADMISSIBLE EVIDENCE.—Notwithstanding any
other law, in a civil case in which a defendant is accused
of actionable sexual misconduct, evidence of a plaintiff’s
past sexual behavior other than reputation or opinion evi-
dence may be admissible if—
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‘‘(1) it is admitted in accordance with the proce-
dures specified in subdivision (c); and
‘‘(2) the probative value of the evidence out-
weighs the danger of unfair prejudice.
‘‘(c) PROCEDURES.—(1) If the defendant intends to
offer evidence of specific instances of the plaintiff’s past sex-
ual behavior, the defendant shall make a written motion
to offer such evidence not later than 15 days before the date
on which the trial in which such evidence is to be offered
is scheduled to begin, except that the court may allow the
motion to be made at a later date, including during trial,
if the court determines either that the evidence is newly dis-
covered and could not have been obtained earlier through
the exercise of due diligence or that the issue to which such
evidence relates has newly arisen in the case. Any motion
made under this paragraph shall be served on all other par-
ties and on the plaintiff.
‘‘(2) The motion described in paragraph (1) shall be
accompanied by a written offer of proof. If necessary, the
court shall order a hearing in chambers to determine if such
evidence is admissible. At the hearing, the parties may call
witnesses, including the plaintiff and offer relevant evi-
dence. Notwithstanding subdivision (b) of rule 104, if the
relevancy of the evidence that the defendant seeks to offer
in the trial depends upon the fulfillment of a condition of
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fact, the court, at the hearing in chambers or at a subse-
quent hearing in chambers scheduled for the purpose, shall
accept evidence on the issue of whether the condition of fact
is fulfilled and shall determine such issue.
‘‘(3) If the court determines on the basis of the hearing
described in paragraph (2) that the evidence the defendant
seeks to offer is relevant and not excluded by any other evi-
dentiary rule, and that the probative value of the evidence
outweighs the danger of unfair prejudice, the evidence shall
be admissible in the trial to the extent an order made by
the court specifies evidence that may be offered and areas
with respect to which the plaintiff may be examined or
cross-examined. In its order, the court should consider—
‘‘(A) the chain of reasoning leading to its finding
of relevance; and
‘‘(B) why the probative value of the evidence out-
weighs the danger of unfair prejudice given the poten-
tial of the evidence to humiliate and embarrass the al-
leged victim and to result in unfair or biased jury in-
ferences.
‘‘(d) DEFINITIONS.—For purposes of this rule, a case
involving a claim of actionable sexual misconduct, includes
sexual harassment or sex discrimination claims brought
pursuant to title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000(e)) and gender bias claims brought pursuant
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to title XXXIV of the Violence Against Women Act of
1993.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
for the Federal Rules of Evidence, as amended by section
3251, is amended by inserting after the item relating to
rule 412A the following new item:
‘‘412B. Evidence of past sexual behavior in civil cases:
‘‘(a) Reputation and opinion evidence excluded.
‘‘(b) Admissible evidence.
‘‘(c) Procedures.
‘‘(d) Definitions.’’.
SEC. 3253. AMENDMENTS TO RAPE SHIELD LAW.
(a) RULE.—Rule 412 of the Federal Rules of Evidence
is amended—
(1) by adding at the end the following new sub-
divisions:
‘‘(e) INTERLOCUTORY APPEAL.—Notwithstanding any
other law, any evidentiary rulings made pursuant to this
rule are subject to interlocutory appeal by the government
or by the alleged victim.
‘‘(f) RULE OF RELEVANCE AND PRIVILEGE.—If the
prosecution seeks to offer evidence of prior sexual history,
the provisions of this rule may be waived by the alleged
victim.’’; and
(2) by adding at the end of subdivision (c)(3) the
following: ‘‘In its order, the court should consider (A)
the chain of reasoning leading to its finding of rel-
evance; and (B) why the probative value of the evi-
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dence outweighs the danger of unfair prejudice given
the potential of the evidence to humiliate and embar-
rass the alleged victim and to result in unfair or bi-
ased jury inferences.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
for the Federal Rules of Evidence is amended by adding
at the end the item relating to rule 412 the following:
‘‘(e) Interlocutory appeal.
‘‘(f) Rule of relevance and privilege.’’.
SEC. 3254. EVIDENCE OF CLOTHING.
(a) RULE.—The Federal Rules of Evidence, as amend-
ed by section 3252, are amended by adding after rule 412B
the following new rule:
‘‘Rule 413. Evidence of victim’s clothing as inciting vi-
olence
‘‘Notwithstanding any other law, in a criminal case
in which a person is accused of an offense under chapter
109A of title 18, United States Code, evidence of an alleged
victim’s clothing is not admissible to show that the alleged
victim incited or invited the offense charged.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
for the Federal Rules of Evidence, as amended by section
3252, is amended by inserting after the item relating to
rule 412B the following new item:
‘‘413. Evidence of victim’s clothing as inciting violence.’’.
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Subtitle F—Assistance to Victims of
Sexual Assault
SEC. 3261. EDUCATION AND PREVENTION GRANTS TO RE-
DUCE SEXUAL ASSAULTS AGAINST WOMEN.
Part A of title XIX of the Public Health and Health
Services Act (42 U.S.C. 300w et seq.) is amended by adding
at the end the following new section:
‘‘SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION
EDUCATION.
‘‘(a) 
PERMITTED
USE.—Notwithstanding 
section
1904(a)(1), amounts transferred by the State for use under
this part may be used for rape prevention and education
programs conducted by rape crisis centers or similar non-
governmental nonprofit entities, which programs may in-
clude—
‘‘(1) educational seminars;
‘‘(2) the operation of hotlines;
‘‘(3) training programs for professionals;
‘‘(4) the preparation of informational materials;
and
‘‘(5) other efforts to increase awareness of the
facts about, or to help prevent, sexual assault, includ-
ing efforts to increase awareness in underserved ra-
cial, ethnic, and language minority communities.
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‘‘(b) TARGETING OF EDUCATION PROGRAMS.—States
providing grant monies must ensure that at least 25 percent
of the monies are devoted to education programs targeted
for middle school, junior high school, and high school
students.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$65,000,000 for each of fiscal years 1994, 1995, and 1996.
‘‘(d) LIMITATION.—Funds authorized under this sec-
tion may only be used for providing rape prevention and
education programs.
‘‘(e) DEFINITION.—For purposes of this section, the
term ‘rape prevention and education’ includes education
and prevention efforts directed at offenses committed by of-
fenders who are not known to the victim as well as offenders
who are known to the victim.
‘‘(f) TERMS.—States shall be allotted funds under this
section pursuant to the terms of sections 1902 and 1903,
and subject to the conditions provided in this section and
sections 1904 through 1909.’’.
SEC. 3262. RAPE EXAM PAYMENTS.
(a) No State or other grantee is entitled to funds under
title XXXII of the Violence Against Women Act of 1993 un-
less the State or other grantee incurs the full cost of forensic
medical exams for victims of sexual assault. A State or
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other grantee does not incur the full medical cost of forensic
medical exams if it chooses to reimburse the victim after
the fact unless the reimbursement program waives any min-
imum loss or deductible requirement, provides victim reim-
bursement within a reasonable time (90 days), permits ap-
plications for reimbursement within one year from the date
of the exam, and provides information to all subjects of fo-
rensic medical exams about how to obtain reimbursement.
(b) Within 90 days after the enactment of this Act,
the Director of the Office of Victims of Crime shall propose
regulations to implement this section, detailing qualified
programs. Such regulations shall specify the type and form
of information to be provided victims, including provisions
for multilingual information, where appropriate.
SEC. 3263. EDUCATION AND PREVENTION GRANTS TO RE-
DUCE SEXUAL ABUSE OF FEMALE RUNAWAY,
HOMELESS, AND STREET YOUTH.
Part A of the Runaway and Homeless Youth Act (42
U.S.C. 5711 et seq.) is amended by—
(1) redesignating sections 316 and 317 as sec-
tions 317 and 318, respectively; and
(2) inserting after section 315 the following new
section:
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‘‘GRANTS FOR PREVENTION OF SEXUAL ABUSE AND
EXPLOITATION
‘‘SEC. 316. (a) IN GENERAL.—The Secretary shall
make grants under this section to private, nonprofit agen-
cies for street-based outreach and education, including
treatment, counseling, and information and referral, for fe-
male runaway, homeless, and street youth who have been
subjected to or are at risk of being subjected to sexual abuse.
‘‘(b) PRIORITY.—In selecting among applicants for
grants under subsection (a), the Secretary shall give prior-
ity to agencies that have experience in providing services
to female runaway, homeless, and street youth.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$10,000,000 for each of fiscal years 1994, 1995, and 1996.
‘‘(d) DEFINITIONS.—For the purposes of this section—
‘‘(1) the term ‘street-based outreach and edu-
cation’ includes education and prevention efforts di-
rected at offenses committed by offenders who are not
known to the victim as well as offenders who are
known to the victim; and
‘‘(2) the term ‘street youth’ means a female less
than 21 years old who spends a significant amount
of time on the street or in other areas of exposure to
encounters that may lead to sexual abuse.’’.
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SEC. 3264. VICTIM’S RIGHT OF ALLOCUTION IN SENTENC-
ING.
Rule 32 of the Federal Rules of Criminal Procedure
is amended—
(1) by striking ‘‘and’’ at the end of subdivision
(a)(1)(B);
(2) by striking the period at the end of subdivi-
sion (a)(1)(C) and inserting ‘‘; and’’;
(3) by inserting after subdivision (a)(1)(C) the
following new subdivision:
‘‘(D) if sentence is to be imposed for a crime of
violence or sexual abuse, address the victim personally
if the victim is present at the sentencing hearing and
determine if the victim wishes to make a statement
and to present any information in relation to the sen-
tence.’’;
(4) in the penultimate sentence of subdivision
(a)(1), by striking ‘‘equivalent opportunity’’ and in-
serting ‘‘opportunity equivalent to that of the defend-
ant’s counsel’’;
(5) in the last sentence of subdivision (a)(1) by
inserting ‘‘the victim,’’ before ‘‘or the attorney for the
Government.’’; and
(6) by adding at the end the following new sub-
division:
‘‘(f) DEFINITIONS.—For purposes of this rule—
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‘‘(1) the term ‘victim’ means any person against
whom an offense for which a sentence is to be imposed
has been committed, but the right of allocution under
subdivision (a)(1)(D) may be exercised instead by—
‘‘(A) a parent or legal guardian in case the
victim is below the age of 18 years or incom-
petent; or
‘‘(B) 1 or more family members or relatives
designated by the court in case the victim is de-
ceased or incapacitated,
if such person or persons are present at the sentencing
hearing, regardless of whether the victim is present;
and
‘‘(2) the term ‘crime of violence or sexual abuse’
means a crime that involved the use or attempted or
threatened use of physical force against the person or
property of another, or a crime under chapter 109A
of title 18, United States Code.’’.
TITLE XXXIII—SAFE HOMES FOR
WOMEN
SEC. 3301. SHORT TITLE.
This title may be cited as the ‘‘Safe Homes for Women
Act of 1993’’.
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Subtitle A—Family Violence Preven-
tion and Services Act Amend-
ments
SEC. 3311. GRANT FOR A NATIONAL DOMESTIC VIOLENCE
HOTLINE.
The Family Violence Prevention and Services Act (42
U.S.C. 10401 et seq.) is amended by adding at the end the
following new section:
‘‘SEC. 
316. 
NATIONAL 
DOMESTIC 
VIOLENCE 
HOTLINE
GRANT.
‘‘(a) IN GENERAL.—The Secretary may award a grant
to a private, nonprofit entity to provide for the operation
of a national, toll-free telephone hotline to provide informa-
tion and assistance to victims of domestic violence.
‘‘(b) ACTIVITIES.—Funds received by an entity under
this section shall be utilized to open and operate a national,
toll-free domestic violence hotline. Such funds may be used
for activities including—
‘‘(1) contracting with a carrier for the use of a
toll-free telephone line;
‘‘(2) employing, training and supervising per-
sonnel to answer incoming calls and provide counsel-
ing and referral services to callers on a 24-hour-a-day
basis;
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‘‘(3) assembling, maintaining, and continually
updating a database of information and resources to
which callers may be referred throughout the United
States; and
‘‘(4) publicizing the hotline to potential users
throughout the United States.
‘‘(c) APPLICATION.—A grant may not be made under
this section unless an application for such grant has been
approved by the Secretary. To be approved by the Secretary
under this subsection an application shall—
‘‘(1) provide such agreements, assurances, and
information, be in such form and be submitted in
such manner as the Secretary shall prescribe through
notice in the Federal Register;
‘‘(2) include a complete description of the appli-
cant’s plan for the operation of a national domestic
violence hotline, including descriptions of—
‘‘(A) the training program for hotline per-
sonnel;
‘‘(B) the hiring criteria for hotline person-
nel;
‘‘(C) the methods for the creation, mainte-
nance and updating of a resource database; and
‘‘(D) a plan for publicizing the availability
of the hotline;
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‘‘(3) demonstrate that the applicant has nation-
ally recognized expertise in the area of domestic vio-
lence and a record of high quality service to victims
of domestic violence; and
‘‘(4) contain such other information as the Sec-
retary may require.
‘‘(d) SPECIAL CONSIDERATIONS.—In considering an
application under subsection (c), the Secretary shall also
take into account the applicant’s ability to offer multi-
lingual services and services for the hearing impaired.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$500,000 for each of fiscal years 1994, 1995, and 1996.’’.
Subtitle B—Interstate Enforcement
SEC. 3321. INTERSTATE ENFORCEMENT.
(a) IN GENERAL.—Part 1 of title 18, United States
Code, is amended by inserting after chapter 110 the follow-
ing new chapter:
‘‘CHAPTER 110A—VIOLENCE AGAINST
SPOUSES
‘‘Sec. 2261. Traveling to commit spousal abuse.
‘‘Sec. 2262. Interstate violation of protection orders.
‘‘Sec. 2263. Interim protections.
‘‘Sec. 2264. Restitution.
‘‘Sec. 2265. Full faith and credit given to protection orders.
‘‘Sec. 2266. Definitions.
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‘‘§ 2261. Traveling to commit spousal abuse
‘‘(a) IN GENERAL.—Any person who travels across a
State line with the intent to injure, harass, intimidate his
or her spouse or intimate partners and who, in the course
of or as a result of such travel, commits an act that injures
his or her spouse or intimate partner shall be punished as
provided in subsection (c).
‘‘(b) CAUSING THE CROSSING OF A STATE LINE.—Any
person who causes a spouse or intimate partner to cross
a State line by force, coercion, duress or fraud and, in the
course or as a result of that conduct, commits an act that
injures his or her spouse or intimate partner shall be pun-
ished as provided in subsection (c).
‘‘(c) PENALTIES.—A person who violates this section
shall be punished as follows:
‘‘(1) If permanent disfigurement or life-threaten-
ing bodily injury results, by imprisonment for not
more than 20 years; if serious bodily injury results,
by fine under this title or imprisonment for not more
than 10 years, or both.
‘‘(2) If the offense is committed with intent to
commit another felony, by fine under this title or im-
prisonment for not more than 10 years, or both.
‘‘(3) If the offense is committed with a dangerous
weapon, with intent to do bodily harm, by fine under
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this title or imprisonment for not more than 5 years,
or both.
‘‘(4) If the offense constitutes sexual abuse, as
that conduct is described under chapter 109A of title
18, United States Code (without regard to whether the
offense was committed in the maritime, territorial or
prison jurisdiction of the United States), by fine or
term of imprisonment as provided for the applicable
conduct under chapter 109A.
‘‘(5) In a case not described in paragraph (1),
(2), (3), or (4), by fine under this title or imprison-
ment for not more than 5 years, or both.
‘‘(d) CRIMINAL INTENT.—The criminal intent of the
offender required to establish an offense under subsection
(b) does not require a showing of the specific intent to vio-
late the law of a State.
‘‘(e) NO PRIOR STATE ACTION NECESSARY.—Nothing
in this section requires a prior criminal prosecution or con-
viction or a prior civil protection order issued under State
law to initiate Federal prosecution.
‘‘§ 2262. Interstate violation of protection orders
‘‘(a) IN GENERAL.—Any person against whom a valid
protection order has been entered who—
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‘‘(1) travels across a State line with the intent
to injure, harass, intimidate, or contact a spouse or
intimate partner; and
‘‘(2) commits an act that injures, harasses, or in-
timidates a spouse or intimate partner or otherwise
violates a valid protection order issued by a State,
shall be punished as provided in subsection (c).
‘‘(b) CAUSING THE CROSSING OF A STATE LINE.—Any
person who causes a spouse or intimate partner to cross
a State line by force, coercion, duress, or fraud, and, in
the course or as a result of that conduct, commits an act
that injures his or her spouse or intimate partner in viola-
tion of a valid protection order issued by a State shall be
punished as provided in subsection (c).
‘‘(c) PENALTIES.—A person who violates this section
shall be punished as follows:
‘‘(1) If permanent disfigurement or life-threaten-
ing bodily injury results, by imprisonment for not
more than 20 years; if serious bodily injury results,
by fine under this title or imprisonment for not more
than 10 years, or both.
‘‘(2) If the offense is committed with intent to
commit another felony, by fine under this title or im-
prisonment for not more than 10 years, or both.
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‘‘(3) If the offense is committed with a dangerous
weapon, with intent to do bodily harm, by fine under
this title or imprisonment for not more than 5 years,
or both.
‘‘(4) If the offender has previously violated any
prior protection order issued against that person for
the protection of the same victim, by fine under this
title or imprisonment for not more than 5 years and
not less than 6 months, or both.
‘‘(5) If the offense constitutes sexual abuse, as
that conduct is described under chapter 109A of title
18, United States Code (without regard to whether the
conduct was committed in the special maritime, terri-
torial or prison jurisdiction of the United States), by
fine or term of imprisonment as provided for the ap-
plicable offense under chapter 109A.
‘‘(6) In a case not described in paragraph (1),
(2), (3), (4), or (5), by fine under this title or impris-
onment for not more than 5 years, or both.
‘‘(d) CRIMINAL INTENT.—The criminal intent required
to establish the offense provided in subsection (a) does not
require a showing of the specific intent to violate a protec-
tion order or the law of any State.
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‘‘(e) NO PRIOR STATE ACTION NECESSARY.—Nothing
in this section requires a prior criminal prosecution or con-
viction under State law to initiate Federal prosecution.
‘‘§ 2263. Pretrial release of defendant
‘‘In any proceeding pursuant to section 3142 of this
title for the purpose of determining whether a defendant
charged under this section shall be released pending trial,
or for the purpose of determining conditions of such release,
the alleged victim shall be given an opportunity to be heard
regarding the danger posed by the defendant.
‘‘§ 2264. Restitution
‘‘(a) IN GENERAL.—In addition to any fine or term
of imprisonment provided under this chapter, and notwith-
standing section 3663, the court shall order restitution to
the victim of an offense under this chapter.
‘‘(b) SCOPE AND NATURE OF ORDER.—(1) An order
of restitution under this section shall direct that—
‘‘(A) the defendant pay to the victim (through
the appropriate court mechanism) the full amount of
the victim’s losses as determined by the court, pursu-
ant to paragraph (2); and
‘‘(B) the United States Attorney enforce the res-
titution order by all available and reasonable means.
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‘‘(2) For purposes of this subsection, the term ‘full
amount of the victim’s losses’ includes any costs incurred
by the victim for—
‘‘(A) medical services relating to physical, psy-
chiatric, or psychological care;
‘‘(B) physical and occupational therapy or reha-
bilitation;
‘‘(C) lost income;
‘‘(D) attorneys’ fees, plus any costs incurred in
obtaining a civil protection order; and
‘‘(E) any other losses suffered by the victim as
a proximate result of the offense.
‘‘(3) A restitution order under this section is manda-
tory. A court may not decline to issue an order under this
section because of—
‘‘(A) the economic circumstances of the defend-
ant; or
‘‘(B) the fact that victim has, or is entitled to,
receive compensation for his or her injuries from the
proceeds of insurance.
‘‘(4)(A) Notwithstanding paragraph (3), the court may
take into account the economic circumstances of the defend-
ant in determining the manner in which and the schedule
according to which the restitution is to be paid, including—
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‘‘(i) the financial resources and other assets of
the defendant;
‘‘(ii) projected earnings, earning capacity, and
other income of the defendant; and
‘‘(iii) any financial obligations of the offender,
including obligations to dependents.
‘‘(B) An order under this section may direct the de-
fendant to make a single lump-sum payment, or partial
payments at specified intervals. The order shall provide
that the defendant’s restitutionary obligation takes priority
over any criminal fine ordered.
‘‘(C) If the victim has recovered for any amount of loss
through the proceeds of insurance or any other source, the
order of restitution shall provide that restitution be paid
to the person who provided the compensation, but that res-
titution shall be paid to the victim for the victim’s other
losses before any restitution is paid to any other provider
of compensation.
‘‘(5) Any amount paid to a victim under this section
shall be set off against any amount later recovered as com-
pensatory damages by the victim from the defendant in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the extent
provided by the law of the State.
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‘‘(c) PROOF OF CLAIM.—(1) Within 60 days after con-
viction and, in any event, no later than 10 days prior to
sentencing, the United States Attorney (or the United States
Attorney’s delegee), after consulting with the victim, shall
prepare and file an affidavit with the court listing the
amounts subject to restitution under this section. The affi-
davit shall be signed by the United States Attorney (or the
United States Attorney’s delegee) and the victim. Should
the victim object to any of the information included in the
affidavit, the United States Attorney (or the United States
Attorney’s delegee) shall advise the victim that the victim
may file a separate affidavit and shall provide the victim
with an affidavit form which may be used to do so.
‘‘(2) If no objection is raised by the defendant, the
amounts attested to in the affidavit filed pursuant to para-
graph (1) shall be entered in the court’s restitution order.
If objection is raised, the court may require the victim or
the United States Attorney (or the United States Attorney’s
delegee) to submit further affidavits or other supporting
documents, demonstrating the victim’s losses.
‘‘(3) If the court concludes, after reviewing the support-
ing documentation and considering the defendant’s objec-
tions, that there is a substantial reason for doubting the
authenticity or veracity of the records submitted, the court
may require additional documentation or hear testimony
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on those questions. Any records filed, or testimony heard,
pursuant to this subsection, shall be in camera in the
judge’s chambers.
‘‘(4) If the victim’s losses are not ascertainable 10 days
prior to sentencing as provided in subsection (c)(1), the
United States Attorney (or the United States Attorney’s
delegee) shall so inform the court, and the court shall set
a date for the final determination of the victim’s losses, not
to exceed 90 days after sentencing. If the victim subse-
quently discovers further losses, the victim shall have 60
days after discovery of those losses in which to petition the
court for an amended restitution order. Such an order may
be granted only upon a showing of good cause for the failure
to include such losses in the initial claim for restitutionary
relief.
‘‘(d) RESTITUTION AND CRIMINAL PENALTIES.—An
award of restitution to the victim of an offense under this
chapter shall not be a substitute for imposition of punish-
ment under sections 2261 and 2262.
‘‘(e) DEFINITIONS.—For purposes of this section, the
term ‘victim’ includes the person harmed as a result of a
commission of a crime under this chapter, including, in the
case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim
or representative of the victim’s estate, another family mem-
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ber, or any other person appointed as suitable by the court,
but in no event shall the defendant be named as such a
representative or guardian.
‘‘§ 2265. Full faith and credit given to protection or-
ders
‘‘(a) FULL FAITH AND CREDIT.—Any protection order
issued consistent with subsection (b) by the court of 1 State
(the issuing State) shall be accorded full faith and credit
by the court of another State (the enforcing State) and en-
forced as if it were the order of the enforcing State.
‘‘(b) PROTECTION ORDER.—(1) A protection order is-
sued by a State court is consistent with this subsection if—
‘‘(A) the court has jurisdiction over the parties
and matter under the law of the State; and
‘‘(B) reasonable notice and opportunity to be
heard is given to the person against whom the order
is sought sufficient to protect that person’s right to
due process.
‘‘(2) In the case of an order under paragraph (1) that
is issued ex parte, notice and opportunity to be heard shall
be provided within the time required by State law, and in
any event within a reasonable time after the order is issued,
sufficient to protect the respondent’s due process rights.
‘‘(c) CROSS- OR COUNTER-PETITION.—A protection
order issued by a State court against one who has peti-
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tioned, filed a complaint, or otherwise filed a written plead-
ing for protection against abuse by a spouse or intimate
partner is not entitled to full faith and credit if—
‘‘(1) no cross- or counter-petition, complaint, or
other written pleading was filed seeking such a pro-
tection order; or
‘‘(2) if a cross- or counter-petition has been filed,
if the court did not make specific findings that each
party was entitled to such an order.
‘‘§ 2266. Definitions
‘‘As used in this chapter—
‘‘(1) the term ‘spouse or intimate partner’ in-
cludes—
‘‘(A) a present or former spouse, a person
who shares a child in common with an abuser,
and a person who cohabits or has cohabited with
an abuser as a spouse; and
‘‘(B) any other person similarly situated to
a spouse who is protected by the domestic or
family violence laws of the State in which the in-
jury occurred or where the victim resides, or any
other adult person who is protected from an
abuser’s acts under the domestic or family vio-
lence laws of the State in which the injury oc-
curred or where the victim resides;
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‘‘(2) the term ‘protection order’ includes an in-
junction or other order issued for the purpose of pre-
venting violent or threatening acts by 1 spouse
against his or her spouse or intimate partner, includ-
ing a temporary or final order issued by a civil or
criminal court (other than a support or child custody
order or provision) whether obtained by filing an
independent action or as a pendente lite order in an-
other proceeding, so long as, in the case of a civil
order, the order was issued in response to a com-
plaint, petition, or motion filed by or on behalf of an
abused spouse or intimate partner;
‘‘(3) the term ‘act that injures’ includes any act,
except one done in self-defense, that results in phys-
ical injury or sexual abuse;
‘‘(4) the term ‘State’ includes a State of the
United States, the District of Columbia, and any In-
dian tribe, commonwealth, territory, or possession of
the United States; and
‘‘(5) the term ‘travel across a State line’ includes
any travel except travel across a State line by an In-
dian tribal member when that member remained at
all times on tribal lands.’’.
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(b) TECHNICAL AMENDMENT.—The part analysis for
part 1 of title 18, United States Code, is amended by insert-
ing after the item for chapter 110 the following new item:
‘‘110A. Violence against spouses ....................................................... 2261.’’.
Subtitle C—Arrest in Spousal Abuse
Cases
SEC. 3331. ENCOURAGING ARREST POLICIES.
The Family Violence Prevention and Services Act (42
U.S.C. 10401 et seq.), as amended by section 3311, is
amended by adding at the end the following new section:
‘‘SEC. 317. ENCOURAGING ARREST POLICIES.
‘‘(a) PURPOSE.—To encourage States, Indian tribes
and localities to treat spousal violence as a serious violation
of criminal law, the Secretary may make grants to eligible
States, Indian tribes, municipalities, or local government
entities for the following purposes:
‘‘(1) To implement pro-arrest programs and
policies in police departments and to improve track-
ing of cases involving spousal abuse.
‘‘(2) To centralize police enforcement, prosecu-
tion, or judicial responsibility for, spousal abuse cases
in one group or unit of police officers, prosecutors, or
judges.
‘‘(3) To coordinate computer tracking systems to
ensure communication between police, prosecutors,
and both criminal and family courts.
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‘‘(4) To educate judges in criminal and other
courts about spousal abuse and to improve judicial
handling of such cases.
‘‘(b) ELIGIBILITY.—(1) Eligible grantees are those
States, Indian tribes, municipalities or other local govern-
ment entities that—
‘‘(A) demonstrate, through arrest and conviction
statistics, that their laws or policies have been effec-
tive in significantly increasing the number of arrests
made of spouse abusers;
‘‘(B) certify that their laws or official policies—
‘‘(i) mandate arrest of spouse abusers based
on probable cause that violence has been commit-
ted; or
‘‘(ii) permit warrantless arrests of spouse
abusers, encourage the use of that authority, and
mandate arrest of spouses violating the terms of
a valid and outstanding protection order;
‘‘(C) demonstrate that their laws, policies, prac-
tices and training programs discourage ‘dual’ arrests
of abused and abuser;
‘‘(D) certify that their laws, policies, and prac-
tices prohibit issuance of mutual protection orders in
cases where only one spouse has sought a protection
order, and require findings of mutual aggression to
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issue mutual protection orders in cases where both
parties file a claim; and
‘‘(E) certify that their laws, policies, and prac-
tices do not require, in connection with the prosecu-
tion of any misdemeanor or felony spouse abuse of-
fense, that the abused bear the costs associated with
the filing of criminal charges or the service of such
charges on an abuser; or that the abused bear the costs
associated with the issuance or service of a warrant,
protection order or witness subpoena.
‘‘(2) For purposes of this section—
‘‘(A) the term ‘protection order’ includes any in-
junction issued for the purpose of preventing violent
or threatening acts of spouse abuse, including a tem-
porary or final order issued by civil or criminal
courts (other than support or child custody orders or
provisions) whether obtained by filing an independent
action or as a pendente lite order in another proceed-
ing; and
‘‘(B) the term ‘spousal or spouse abuse’ includes
a felony or misdemeanor offense committed by a cur-
rent or former spouse of the victim, a person with
whom the victim shares a child in common, a person
who is cohabiting with or has cohabited with the vic-
tim as a spouse, a person similarly situated to a
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spouse of the victim under the domestic or family vio-
lence laws of the jurisdiction receiving grant monies,
or committed by any other adult person upon a vic-
tim who is protected from that person’s acts under the
domestic or family violence laws of the jurisdiction
receiving grant monies.
‘‘(3) The eligibility requirements provided in this sec-
tion shall take effect on the date that is 1 year after the
date of enactment of this section.
‘‘(c) DELEGATION
AND AUTHORIZATION.—The Sec-
retary shall delegate to the Attorney General of the United
States the Secretary’s responsibilities for carrying out this
section. There are authorized to be appropriated not in ex-
cess of $25,000,000 for each fiscal year to be used for the
purpose of making grants under this section.
‘‘(d) APPLICATION.—An eligible grantee shall submit
an application to the Secretary. Such an application
shall—
‘‘(1) contain a certification by the chief executive
officer of the State, Indian tribe, municipality, or
local government entity that the conditions of sub-
section (b) are met;
‘‘(2) describe the entity’s plans to further the
purposes listed in subsection (a);
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‘‘(3) identify the agency or office or groups of
agencies or offices responsible for carrying out the
program; and
‘‘(4) identify and include documentation show-
ing the nonprofit nongovernmental victim services
programs that will be consulted in developing, and
implementing, the program.
‘‘(e) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority to a grantee that—
‘‘(1) does not currently provide for centralized
handling of cases involving spousal or family violence
in any one of the areas listed in this subsection—po-
lice, prosecutors, and courts; and
‘‘(2) demonstrates a commitment to strong en-
forcement of laws, and prosecution of cases, involving
spousal or family violence.
‘‘(f) REPORTING.—Each grantee receiving funds under
this section shall submit a report to the Secretary evaluat-
ing the effectiveness of the plan described in subsection
(d)(2) and containing such additional information as the
Secretary may prescribe.
‘‘(g) REGULATIONS.—No later than 45 days after the
date of enactment of this section, the Secretary shall publish
proposed regulations implementing this section. No later
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than 120 days after such date, the Secretary shall publish
final regulations implementing this section.’’.
Subtitle D—DOMESTIC VIOLENCE,
FAMILY SUPPORT, AND SHEL-
TER GRANTS
SEC. 3341. DOMESTIC VIOLENCE AND FAMILY SUPPORT
GRANT PROGRAM.
(a) PURPOSE.—The purpose of this section is to
strengthen and improve State and local efforts to prevent
and punish domestic violence and other criminal and un-
lawful acts that particularly affect women, and to assist
and protect the victims of such crimes and acts.
(b) AUTHORIZATION OF GRANTS.—The Secretary of
Health and Human Services shall make grants to support
projects and programs relating to domestic violence and
other criminal and unlawful acts that particularly affect
women, including support of—
(1) training and policy development programs
for law enforcement officers and prosecutors concern-
ing the investigation and prosecution of domestic vio-
lence;
(2) law enforcement and prosecutorial units and
teams that target domestic violence;
(3) model, innovative, and demonstration law
enforcement programs relating to domestic violence
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that involve pro-arrest and aggressive prosecution
policies;
(4) model, innovative, and demonstration pro-
grams for the effective utilization and enforcement of
protective orders;
(5) programs addressing stalking and persistent
menacing;
(6) victim services programs for victims of do-
mestic violence;
(7) educational and informational programs re-
lating to domestic violence;
(8) resource centers providing information, tech-
nical assistance, and training to domestic violence
service providers, agencies, and programs;
(9) coalitions of domestic violence service provid-
ers, agencies, and programs;
(10) training programs for judges and court per-
sonnel in relation to cases involving domestic vio-
lence;
(11) enforcement of child support obligations, in-
cluding cooperative efforts and arrangements of States
to improve enforcement in cases involving interstate
elements; and
(12) shelters that provide services for victims of
domestic violence and related programs.
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(c) FORMULA GRANTS.—Of the amount appropriated
in each fiscal year for grants under this section, other than
the amount set aside to carry out subsection (d)—
(1) 1 percent shall be set aside for each partici-
pating State; and
(2) the remainder shall be allocated to the par-
ticipating States in proportion to their populations;
for the use of State and local governments in the States.
(d) DISCRETIONARY GRANTS.—Of the amount appro-
priated in each fiscal year, 20 percent shall be set aside
in a discretionary fund to provide grants to public and pri-
vate agencies to further the purposes and objectives set forth
in subsections (a) and (b).
(e) APPLICATION FOR FORMULA GRANTS.—To request
a grant under subsection (c), the chief executive officer of
a State must, in each fiscal year, submit to the Secretary
a plan for addressing domestic violence and other criminal
and unlawful acts that particularly affect women in the
State, including a specification of the uses to which funds
provided under subsection (c) will be put in carrying out
the plan. The application must include—
(1) certification that the Federal funding pro-
vided will be used to supplement and not supplant
State and local funds;
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(2) certification that any requirement of State
law for review by the State legislature or a designated
body, and any requirement of State law for public no-
tice and comment concerning the proposed plan, have
been satisfied; and
(3) provisions for fiscal control, management,
recordkeeping, and submission of reports in relation
to funds provided under this section that are consist-
ent with requirements prescribed for the program.
(f) CONDITIONS ON GRANTS.—
(1) MATCHING FUNDS.—Grants under subsection
(c) may be for up to 50 percent of the overall cost of
a project or program funded. Discretionary grants
under subsection (d) may be for up to 100 percent of
the overall cost of a project or program funded.
(2) DURATION OF GRANTS.—Grants under sub-
section (c) may be provided in relation to a particu-
lar project or program for up to an aggregate maxi-
mum period of 4 years.
(3) LIMIT
ON
ADMINISTRATIVE
COSTS.—Not
more than 5 percent of a grant under subsection (c)
may be used for costs incurred to administer the
grant.
(g) EVALUATION.—The Secretary shall have the au-
thority to carry out evaluations of programs funded under
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this section. The recipient of any grant under this section
may be required to include an evaluation component to de-
termine the effectiveness of the project or program funded
that is consistent with guidelines issued by the Secretary.
(h) REPORT.—The Secretary shall submit an annual
report to Congress concerning the operation and effective-
ness of the program under this section.
(i) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section—
(1) $100,000,000 for each of fiscal years 1994,
1995, and 1996; and
(2) such sums as are necessary for each fiscal
year thereafter.
(j) AUTHORIZATION
OF APPROPRIATIONS
FOR
THE
FAMILY VIOLENCE PREVENTION AND SERVICES ACT.—Sec-
tion 310(a) of the Family Violence Prevention and Services
Act (42 U.S.C. 10409(a)) is amended to read as follows:
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this title $85,000,000 for fiscal year
1994, $100,000,000 for fiscal year 1995, and $125,000,000
for fiscal year 1996.’’.
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Subtitle E—Family Violence Preven-
tion and Services Act Amend-
ments
SEC. 3351. GRANTEE REPORTING.
(a) 
SUBMISSION
OF
APPLICATION.—Section
303(a)(2)(C) of the Family Violence Prevention and Serv-
ices Act (42 U.S.C. 10402(a)(2)(C)) is amended by insert-
ing ‘‘and a plan to address the needs of underserved popu-
lations, including populations underserved because of eth-
nic, racial, cultural, language diversity or geographic isola-
tion’’ after ‘‘such State’’.
(b) APPROVAL OF APPLICATION.—Section 303(a) of the
Family Violence Prevention and Services Act (42 U.S.C.
10402(a)) is amended by adding at the end the following
new paragraph:
‘‘(4) Upon completion of the activities funded by
a grant under this subpart, the State grantee shall
file a performance report with the Director explaining
the activities carried out together with an assessment
of the effectiveness of those activities in achieving the
purposes of this subpart. A section of this perform-
ance report shall be completed by each grantee or
subgrantee that performed the direct services con-
templated in the application certifying performance
of direct services under the grant. The Director shall
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suspend funding for an approved application if an
applicant fails to submit an annual performance re-
port or if the funds are expended for purposes other
than those set forth under this subpart, after following
the procedures set forth in paragraph (3). Federal
funds may be used only to supplement, not supplant,
State funds.’’.
Subtitle F—Youth Education and
Domestic Violence
SEC. 3361. EDUCATING YOUTH ABOUT DOMESTIC VIO-
LENCE.
The Family Violence Prevention and Services Act (42
U.S.C. 10401 et seq.), as amended by section 3331, is
amended by adding at the end the following new section:
‘‘SEC. 318. EDUCATING YOUTH ABOUT DOMESTIC VIO-
LENCE.
‘‘(a) GENERAL PURPOSE.—For purposes of this sec-
tion, the Secretary shall delegate the Secretary’s powers to
the Secretary of Education (hereafter in this section referred
to as the ‘Secretary’). The Secretary shall select, implement
and evaluate 4 model programs for education of young peo-
ple about domestic violence and violence among intimate
partners.
‘‘(b) NATURE OF PROGRAM.—The Secretary shall se-
lect, implement and evaluate separate model programs for
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4 different audiences: primary schools, middle schools, sec-
ondary schools, and institutions of higher education. The
model programs shall be selected, implemented, and evalu-
ated in the light of the comments of educational experts,
legal and psychological experts on battering, and victim ad-
vocate organizations such as battered women’s shelters,
State coalitions and resource centers. The participation of
each of those groups or individual consultants from such
groups is essential to the selection, implementation, and
evaluation of programs that meet both the needs of edu-
cational institutions and the needs of the domestic violence
problem.
‘‘(c) REVIEW AND DISSEMINATION.—Not later than 2
years after the date of enactment of this section, the Sec-
retary shall transmit the design and evaluation of the model
programs, along with a plan and cost estimate for nation-
wide distribution, to the relevant committees of Congress
for review.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$400,000 for fiscal year 1994.’’.
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Subtitle G—Confidentiality for
Abused Persons
SEC. 3371. CONFIDENTIALITY OF ABUSED PERSON’S AD-
DRESS.
Not later than 90 days after enactment of this Act,
the United States Postal Service shall promulgate regula-
tions to secure the confidentiality of domestic violence shel-
ters and abused persons’ addresses consistent with the fol-
lowing guidelines:
(1) Confidentiality shall be provided to a person
upon the presentation to an appropriate postal offi-
cial of a valid court order or a police report docu-
menting abuse.
(2) Confidentiality shall be provided to any do-
mestic violence shelter upon presentation to an appro-
priate postal authority of proof from a State domestic
violence coalition (within the meaning of section 311
of the Family Violence Prevention and Services Act
(42 U.S.C. 10410)) verifying that the organization is
a domestic violence shelter.
(3) Disclosure of addresses to State or Federal
agencies for legitimate law enforcement or other gov-
ernmental purposes shall not be prohibited.
(4) Compilations of addresses existing at the
time the order is presented to an appropriate postal
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official shall be excluded from the scope of the pro-
posed regulations.
Subtitle H—Technical Amendments
SEC. 3381. DEFINITIONS.
Section 309(5)(B) of the Family Violence Prevention
and Services Act (42 U.S.C. 10408(5)(B)) is amended by
inserting ‘‘or other supportive services’’ before ‘‘by peers in-
dividually or in groups,’’.
SEC. 3382. SPECIAL ISSUE RESOURCE CENTERS.
(a) GRANTS.—Section 308(a)(2) of the Family Vio-
lence Prevention and Services Act (42 U.S.C. 10407(a)(2))
is amended by striking ‘‘six’’ and inserting ‘‘seven’’.
(b) FUNCTIONS.—Section 308(c) of the Family Vio-
lence Prevention and Services Act (42 U.S.C. 10407(c)) is
amended—
(1) by striking the period at the end of para-
graph (6) and inserting ‘‘, including the issuance and
enforcement of protection orders.’’; and
(2) by adding at the end the following new para-
graph:
‘‘(7) Providing technical assistance and training
to State domestic violence coalitions.’’.
SEC. 3383. STATE DOMESTIC VIOLENCE COALITIONS.
Section 311(a) of the Family Violence Prevention and
Services Act (42 U.S.C. 10410(a)) is amended—
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(1) by redesignating paragraphs (1), (2), (3),
and (4) as paragraphs (2), (3), (4), and (5);
(2) by inserting before paragraph (2), as redesig-
nated by paragraph (1), the following new paragraph:
‘‘(1) working with local domestic violence pro-
grams and providers of direct services to encourage
appropriate responses to domestic violence within the
State, including—
‘‘(A) training and technical assistance for
local programs and professionals working with
victims of domestic violence;
‘‘(B) planning and conducting State needs
assessments and planning for comprehensive
services;
‘‘(C) serving as an information clearing-
house and resource center for the State; and
‘‘(D) collaborating with other governmental
systems which affect battered women;’’;
(3) in paragraph (2)(K), as redesignated by
paragraph (1), by striking ‘‘and court officials and
other professionals’’ and inserting ‘‘, judges, court of-
ficers and other criminal justice professionals,’’;
(4) in paragraph (3), as redesignated by para-
graph (1)—
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(A) by inserting ‘‘, criminal court judges,’’
after ‘‘family law judges,’’ each place it appears;
(B) in subparagraph (F), by inserting ‘‘cus-
tody’’ after ‘‘temporary’’; and
(C) in subparagraph (H), by striking ‘‘su-
pervised visitations that do not endanger victims
and their children,’’ and inserting ‘‘supervised
visitations or denial of visitation to protect
against danger to victims or their children’’; and
(5) in paragraph (4), as redesignated by para-
graph (1), by inserting ‘‘, including information
aimed at underserved racial, ethnic or language-mi-
nority populations’’ before the semicolon.
Subtitle I—Data and Research
SEC. 3391. RESEARCH AGENDA.
(a) REQUEST FOR CONTRACT.—The Director of the
National Institute of Justice shall request the National
Academy of Sciences, through its National Research Coun-
cil, to enter into a contract to develop a research agenda
to increase the understanding and control of violence
against women, including rape and domestic violence. In
furtherance of the contract, the National Academy shall con-
vene a panel of nationally recognized experts on violence
against women, in the fields of law, medicine, criminal jus-
tice and the social sciences. In setting the agenda, the Acad-
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emy shall focus primarily upon preventive, educative, so-
cial, and legal strategies. Nothing in this section shall be
construed to invoke the terms of the Federal Advisory Com-
mittee Act.
(b) DECLINATION
OF REQUEST.—If the National
Academy of Sciences declines to conduct the study and de-
velop a research agenda, it shall recommend a nonprofit
private entity that is qualified to conduct such a study. In
that case, the Director of the National Institute of Justice
shall carry out subsection (a) through the nonprofit private
entity recommended by the Academy. In either case, wheth-
er the study is conducted by the National Academy of
Sciences or by the nonprofit group it recommends, the funds
for the contract shall be made available from sums appro-
priated for the conduct of research by the National Institute
of Justice.
(c) REPORT.—The Director of the National Institute
of Justice shall ensure that no later than 9 months after
the date of enactment of this Act, the study required under
subsection (a) is completed and a report describing the find-
ings made is submitted to the Committee on the Judiciary
of the House of Representatives, the Committee on the Judi-
ciary of the Senate, and the Attorney General’s Task Force
on Violence Against Women.
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SEC. 3392. STATE DATABASES.
(a) IN GENERAL.—The National Institute of Justice,
in conjunction with the Bureau of Justice Statistics, shall
study and report to the States and to Congress on how the
States may collect centralized databases on the incidence
of domestic violence offenses within a State.
(b) CONSULTATION.—In conducting its study, the Na-
tional Institute of Justice shall consult persons expert in
the collection of criminal justice data, State statistical ad-
ministrators, law enforcement personnel, and nonprofit
nongovernmental agencies that provide direct services to
victims of domestic violence. The Institute’s final report
shall set forth the views of the persons consulted on the Insti-
tute’s recommendations.
(c) REPORT.—The Director of the National Institute
of Justice shall ensure that no later than 9 months after
the date of enactment of this Act, the study required under
subsection (a) is completed and a report describing the find-
ings made is submitted to the Committee on the Judiciary
of the House of Representatives and the Committee on the
Judiciary of the Senate.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized such sums as are necessary to carry out this
section.
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SEC. 3393. NUMBER AND COST OF INJURIES.
(a) STUDY.—The Secretary of Health and Human
Services, acting through the Centers for Disease Control In-
jury Control Division, shall conduct a study to obtain a
national projection of the incidence of injuries resulting
from domestic violence, the cost of injuries to health care
facilities, and recommend health care strategies for reducing
the incidence and cost of such injuries.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$100,000 for fiscal year 1994.
TITLE XXXIV—CIVIL RIGHTS
SEC. 3401. SHORT TITLE.
This title may be cited as the ‘‘Civil Rights Remedies
for Gender-Motivated Violence Act’’.
SEC. 3402. CIVIL RIGHTS.
(a) FINDINGS.—The Congress finds that—
(1) crimes of violence motivated by gender con-
stitute bias crimes in violation of the victim’s right
to be free from discrimination on the basis of gender;
(2) current law provides a civil rights remedy
for gender crimes committed in the workplace, but not
for crimes of violence motivated by gender committed
on the street or in the home;
(3) State and Federal criminal laws do not ade-
quately protect against the bias element of crimes of
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violence motivated by gender, which separates these
crimes from acts of random violence, nor do those
laws adequately provide victims of gender-motivated
crimes the opportunity to vindicate their interests;
(4) existing bias and discrimination in the
criminal justice system often deprives victims of
crimes of violence motivated by gender of equal pro-
tection of the laws and the redress to which they are
entitled;
(5) crimes of violence motivated by gender have
a substantial adverse effect on interstate commerce, by
deterring potential victims from traveling interstate,
from engaging in employment in interstate business,
and from transacting with business, and in places in-
volved, in interstate commerce;
(6) crimes of violence motivated by gender have
a substantial adverse effect on interstate commerce, by
diminishing national productivity, increasing medi-
cal and other costs, and decreasing the supply of and
the demand for interstate products;
(7) a Federal civil rights action as specified in
this section is necessary to guarantee equal protection
of the laws and to reduce the substantial adverse ef-
fects on interstate commerce caused by crimes of vio-
lence motivated by gender; and
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(8) the victims of crimes of violence motivated by
gender have a right to equal protection of the laws,
including a system of justice that is unaffected by
bias or discrimination and that, at every relevant
stage, treats such crimes as seriously as other violent
crimes.
(b) RIGHT TO BE FREE FROM CRIMES OF VIO-
LENCE.—All persons within the United States shall have
the right to be free from crimes of violence motivated by
gender (as defined in subsection (d)).
(c) CAUSE OF ACTION.—A person (including a person
who acts under color of any statute, ordinance, regulation,
custom, or usage of any State) who commits a crime of vio-
lence motivated by gender and thus deprives another of the
right declared in subsection (b) shall be liable to the party
injured, in an action for the recovery of compensatory and
punitive damages, injunctive and declaratory relief, and
such other relief as a court may deem appropriate.
(d) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘crime of violence motivated by gen-
der’’ means a crime of violence committed because of
gender or on the basis of gender; and due, at least in
part, to an animus based on the victim’s gender;
(2) the term ‘‘crime of violence’’ means—
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(A) an act or series of acts that would con-
stitute a felony against the person or that would
constitute a felony against property if the con-
duct presents a serious risk of physical injury to
another, and that would come within the mean-
ing of State or Federal offenses described in sec-
tion 16 of title 18, United States Code, whether
or not those acts have actually resulted in crimi-
nal charges, prosecution, or conviction and
whether or not those acts were committed in the
special maritime, territorial, or prison jurisdic-
tion of the United States; and
(B) includes an act or series of acts that
would constitute a felony described in subpara-
graph (A) but for the relationship between the
person who takes such action and the individual
against whom such action is taken.
(e) LIMITATION AND PROCEDURES.—
(1) LIMITATION.—Nothing in this section entitles
a person to a cause of action under subsection (c) for
random acts of violence unrelated to gender or for
acts that cannot be demonstrated, by a preponderance
of the evidence, to be motivated by gender (within the
meaning of subsection (d)).
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(2) NO
PRIOR
CRIMINAL
ACTION.—Nothing in
this section requires a prior criminal complaint,
prosecution, or conviction to establish the elements of
a cause of action under subsection (c).
(3) CONCURRENT
JURISDICTION.—The Federal
and State courts shall have concurrent jurisdiction
over actions brought pursuant to this title.
(4) PENDENT
JURISDICTION.—Neither section
1367 of title 28, United States Code, nor subsection
(c) of this section shall be construed, by reason of a
claim arising under such subsection, to confer on the
courts of the United States jurisdiction over any
State law claim seeking the establishment of a di-
vorce, alimony, equitable distribution of marital
property, or child custody decree.
(5) LIMITATION ON REMOVAL.—Section 1445 of
title 28, United States Code, is amended by adding
at the end the following new subsection:
‘‘(d) A civil action in any State court arising under
section 3402 of the Violence Against Women Act of 1993
may not be removed to any district court of the United
States.’’.
SEC. 3403. ATTORNEY’S FEES.
Section 722 of the Revised Statutes (42 U.S.C. 1988)
is amended in the last sentence—
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(1) by striking ‘‘or’’ after ‘‘Public Law 92–318,’’;
and
(2) by inserting ‘‘, or title XXXIV of the Violence
Against Women Act of 1993,’’ after ‘‘1964’’.
SEC. 3404. SENSE OF THE SENATE CONCERNING PROTEC-
TION OF THE PRIVACY OF RAPE VICTIMS.
(a) FINDINGS AND DECLARATION.—The Congress finds
and declares that—
(1) there is a need for a strong and clear Federal
response to violence against women, particularly with
respect to the crime of rape;
(2) rape is an abominable and repugnant crime,
and one that is severely underreported to law enforce-
ment authorities because of its stigmatizing nature;
(3) the victims of rape are often further victim-
ized by a criminal justice system that is insensitive
to the trauma caused by the crime and are increas-
ingly victimized by news media that are insensitive
to the victim’s emotional and psychological needs;
(4) rape victims’ need for privacy should be
respected;
(5) rape victims need to be encouraged to come
forward and report the crime of rape without fear of
being revictimized through involuntary public disclo-
sure of their identities;
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(6) rape victims need a reasonable expectation
that their physical safety will be protected against re-
taliation or harassment by an assailant;
(7) the news media should, in the exercise of
their discretion, balance the public’s interest in know-
ing facts reported by free news media against impor-
tant privacy interests of a rape victim, and an abso-
lutist view of the public interest leads to insensitivity
to a victim’s privacy interest; and
(8) the public’s interest in knowing the identity
of a rape victim is small compared with the interests
of maintaining the privacy of rape victims and en-
couraging rape victims to report and assist in the
prosecution of the crime of rape.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that news media, law enforcement officers, and other
persons should exercise restraint and respect a rape victim’s
privacy by not disclosing the victim’s identity to the general
public or facilitating such disclosure without the consent
of the victim.
TITLE XXXV—SAFE CAMPUSES
FOR WOMEN
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS.
Section 1541(i) of the Higher Education Amendments
of 1992 (20 U.S.C. 1145h(i)) is amended to read as follows:
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‘‘(i) For the purpose of carrying out this part, there
are authorized to be appropriated $20,000,000 for fiscal
year 1994 and such sums as are necessary for fiscal years
1995, 1996, and 1997.’’.
TITLE 
XXXVI—EQUAL 
JUSTICE
FOR WOMEN IN THE COURTS
ACT
SEC. 3601. SHORT TITLE.
This title may be cited as the ‘‘Equal Justice for
Women in the Courts Act of 1993’’.
Subtitle A—Education and Train-
ing for Judges and Court Per-
sonnel in State Courts
SEC. 3611. GRANTS AUTHORIZED.
The State Justice Institute may award grants for the
purpose of developing, testing, presenting, and disseminat-
ing model programs to be used by States in training judges
and court personnel in the laws of the States on rape, sexual
assault, domestic violence, and other crimes of violence mo-
tivated by the victim’s gender.
SEC. 3612. TRAINING PROVIDED BY GRANTS.
Training provided pursuant to grants made under this
subtitle may include current information, existing studies,
or current data on—
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(1) the nature and incidence of rape and sexual
assault by strangers and nonstrangers, marital rape,
and incest;
(2) the underreporting of rape, sexual assault,
and child sexual abuse;
(3) the physical, psychological, and economic im-
pact of rape and sexual assault on the victim, the
costs to society, and the implications for sentencing;
(4) the psychology of sex offenders, their high
rate of recidivism, and the implications for sentenc-
ing;
(5) the historical evolution of laws and attitudes
on rape and sexual assault;
(6) sex stereotyping of female and male victims
of rape and sexual assault, racial stereotyping of rape
victims and defendants, and the impact of such
stereotypes on credibility of witnesses, sentencing, and
other aspects of the administration of justice;
(7) application of rape shield laws and other
limits on introduction of evidence that may subject
victims to improper sex stereotyping and harassment
in both rape and nonrape cases, including the need
for sua sponte judicial intervention in inappropriate
cross-examination;
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(8) the use of expert witness testimony on rape
trauma syndrome, child sexual abuse accommodation
syndrome, post-traumatic stress syndrome, and simi-
lar issues;
(9) the legitimate reasons why victims of rape,
sexual assault, and incest may refuse to testify
against a defendant;
(10) the nature and incidence of domestic vio-
lence;
(11) the physical, psychological, and economic
impact of domestic violence on the victim, the costs to
society, and the implications for court procedures and
sentencing;
(12) the psychology and self-presentation of
batterers and victims and the implications for court
proceedings and credibility of witnesses;
(13) sex stereotyping of female and male victims
of domestic violence, myths about presence or absence
of domestic violence in certain racial, ethnic, reli-
gious, or socioeconomic groups, and their impact on
the administration of justice;
(14) historical evolution of laws and attitudes on
domestic violence;
(15) proper and improper interpretations of the
defenses of self-defense and provocation, and the use
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of expert witness testimony on battered woman syn-
drome;
(16) the likelihood of retaliation, recidivism, and
escalation of violence by batterers, and the potential
impact of incarceration and other meaningful sanc-
tions for acts of domestic violence including violations
of orders of protection;
(17) economic, psychological, social and institu-
tional reasons for victims’ inability to leave the
batterer, to report domestic violence or to follow
through on complaints, including the influence of lack
of support from police, judges, and court personnel,
and the legitimate reasons why victims of domestic
violence may refuse to testify against a defendant;
(18) the need for orders of protection, and the
implications of mutual orders of protection, dual ar-
rest policies, and mediation in domestic violence
cases;
(19) recognition of and response to gender-moti-
vated crimes of violence other than rape, sexual as-
sault and domestic violence, such as mass or serial
murder motivated by the gender of the victims; and
(20) current information on the impact of por-
nography on crimes against women, or data on other
activities that tend to degrade women.
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SEC. 3613. COOPERATION IN DEVELOPING PROGRAMS IN
MAKING GRANTS UNDER THIS TITLE.
The State Justice Institute shall ensure that model
programs carried out pursuant to grants made under this
subtitle are developed with the participation of law enforce-
ment officials, public and private nonprofit victim advo-
cates, legal experts, prosecutors, defense attorneys, and rec-
ognized experts on gender bias in the courts.
SEC. 3614. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this subtitle $600,000 for fiscal year 1994. Of amounts ap-
propriated under this section, the State Justice Institute
shall expend no less than 40 percent on model programs
regarding domestic violence and no less than 40 percent on
model programs regarding rape and sexual assault.
Subtitle B—Education and Train-
ing for Judges and Court Per-
sonnel in Federal Courts
SEC. 3621. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU-
CATION AND TRAINING GRANTS.
(a) STUDY.—In order to gain a better understanding
of the nature and the extent of gender bias in the Federal
courts, the circuit judicial councils are encouraged to con-
duct studies of the instances, if any, of gender bias in their
respective circuits. The studies may include an examination
of the effects of gender on—
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(1) the treatment of litigants, witnesses, attor-
neys, jurors, and judges in the courts, including before
magistrate and bankruptcy judges;
(2) the interpretation and application of the law,
both civil and criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes;
(5) sentencing;
(6) sentencing alternatives, facilities for incar-
ceration, and the nature of supervision of probation
and parole;
(7) appointments to committees of the Judicial
Conference and the courts;
(8) case management and court sponsored alter-
native dispute resolution programs;
(9) the selection, retention, promotion, and treat-
ment of employees;
(10) appointment of arbitrators, experts, and
special masters; and
(11) the aspects of the topics listed in section
3612 that pertain to issues within the jurisdiction of
the Federal courts.
(b) CLEARINGHOUSE.—The Judicial Conference of the
United States shall designate an entity within the Judicial
branch to act as a clearinghouse to disseminate any reports
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and materials issued by the gender bias task forces under
subsection (a) and to respond to requests for such reports
and materials. The gender bias task forces shall provide this
entity with their reports and related material.
(c) MODEL PROGRAMS.—The Federal Judicial Center,
in carrying out section 620(b)(3) of title 28, United States
Code, may—
(1) include in the educational programs it pre-
sents and prepares, including the training programs
for newly appointed judges, information on issues re-
lated to gender bias in the courts including such areas
as are listed in subsection (a) along with such other
topics as the Federal Judicial Center deems appro-
priate;
(2) prepare materials necessary to implement
this subsection; and
(3) take into consideration the findings and rec-
ommendations of the studies conducted pursuant to
subsection (a), and to consult with individuals and
groups with relevant expertise in gender bias issues as
it prepares or revises such materials.
SEC. 3622. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated—
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(1) $400,000 to the Salaries and Expenses Ac-
count of the Courts of Appeals, District Courts, and
other Judicial Services, to carry out section 3621(a),
to be available until expended through fiscal year
1995;
(2) $100,000 to the Federal Judicial Center to
carry out section 3621(c) and any activities des-
ignated by the Judicial Conference under section
3621(b); and
(3) such sums as are necessary to the Adminis-
trative Office of the United States Courts to carry out
any activities designated by the Judicial Conference
under section 3621(b).
(b) THE JUDICIAL CONFERENCE
OF
THE UNITED
STATES.—(1) The Judicial Conference of the United States
Courts shall allocate funds to Federal circuit courts under
this subtitle that—
(A) undertake studies in their own circuits; or
(B) implement reforms recommended as a result
of such studies in their own or other circuits, includ-
ing education and training.
(2) Funds shall be allocated to Federal circuits under
this subtitle on a first come first serve basis in an amount
not to exceed $50,000 on the first application. If within
6 months after the date on which funds authorized under
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this Act become available, funds are still available, circuits
that have received funds may reapply for additional funds,
with not more than $200,000 going to any one circuit.
TITLE 
XXXVII—VIOLENCE
AGAINST 
WOMEN 
ACT 
IM-
PROVEMENTS
SEC. 3701. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.
Section 3156(a)(4) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(A);
(2) by striking the period at the end of subpara-
graph (B) and inserting ‘‘; or’’; and
(3) by adding after subparagraph (B) the follow-
ing new subparagraph:
‘‘(C) any felony under chapter 109A or chapter
110.’’.
SEC. 3702. INCREASED PENALTIES FOR SEX OFFENSES
AGAINST VICTIMS BELOW THE AGE OF 16.
Section 2245(2) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(B);
(2) by striking ‘‘; and’’ at the end of subpara-
graph (C) and inserting ‘‘; or’’; and
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(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) the intentional touching, not through the
clothing, of the genitalia of another person who has
not attained the age of 16 years with an intent to
abuse, humiliate, harass, degrade, or arouse or gratify
the sexual desire of any person;’’.
SEC. 3703. PAYMENT OF COST OF HIV TESTING.
(a) FOR VICTIMS IN SEX OFFENSE CASES.—Section
503(c)(7) of the Victims’ Rights and Restitution Act of 1990
(42 U.S.C. 10607(c)(7)) is amended by adding at the end
the following: ‘‘The Attorney General shall authorize the Di-
rector of the Office of Victims of Crime to provide for the
payment of the cost of up to two tests of the victim for the
human immunodeficiency virus during the 12 months fol-
lowing a serious assault, and the cost of a counseling session
by a medically trained professional on the accuracy of such
tests and the risk of transmission of the human
immunodeficiency virus to the victim as the result of the
assault.’’.
(b) TESTING
OF CERTAIN INDIVIDUALS CHARGED
WITH CERTAIN SEXUAL OFFENSES FOR THE PRESENCE OF
THE ETIOLOGIC AGENT FOR AIDS.—Victims of any offense
of the type described in Chapter 109A of title 18, United
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States Code, shall after appropriate counseling, on request,
be provided with—
(1) anonymous and confidential testing for the
presence of the etiologic agent for acquired immune
deficiency syndrome, and counseling concerning such,
at no cost by appropriately trained staff operating
through appropriate service providers, including rape
crisis centers, community health centers, public health
clinics, physicians, or other appropriate service pro-
viders; follow-up tests and counseling will be available
at no cost on dates that occur three, six and twelve
months following the initial test; and
(2) necessary and appropriate medical care.
(c) LIMITED TESTING OF DEFENDANTS.—
(1) COURT ORDER.—The victim of an offense of
the type referred to in subsection (a) may obtain an
order in the district court of the United States for the
district in which charges are brought against the de-
fendant charged with the offense, after notice to the
defendant and an opportunity to be heard, requiring
that the defendant be tested for the presence of the
etiologic agent for acquired immune deficiency syn-
drome, and that the results of the test be commu-
nicated to the victim and the defendant. Any test re-
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sult of the defendant given to the victim or the defend-
ant must be accompanied by appropriate counseling.
(2) SHOWING REQUIRED.—To obtain an order
under paragraph (1), the victim must demonstrate
that—
(A) the defendant has been charged with the
offense in a State of Federal court, and if the de-
fendant has been arrested without a warrant, a
probable cause determination has been made;
(B) the test for the etiologic agent for ac-
quired immune deficiency syndrome is requested
by the victim after appropriate counseling; and
(C) the test would provide information nec-
essary for the health of the victim of the alleged
offense and the court determines that the alleged
conduct of the defendant created a risk of trans-
mission, as determined by the Centers for Dis-
ease Control, of the etiologic agent for acquired
immune deficiency syndrome to the victim.
(3) FOLLOW-UP TESTING.—The court may order
follow-up tests and counseling under paragraph (b)(1)
if the initial test was negative. Such follow-up tests
and counseling shall be performed at the request of the
victim on dates that occur six months and twelve
months following the initial test.
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(4) 
TERMINATION
OF
TESTING
REQUIRE-
MENTS.—An order for follow-up testing under para-
graph (3) shall be terminated if the person obtains an
acquittal on, or dismissal of, all charges of the type
referred to in subsection (a).
(d) CONFIDENTIALITY OF TEST.—The results of any
test ordered under this section shall be disclosed only to the
victim or, where the court deems appropriate, to the parent
or legal guardian of the victim, and to the person tested.
The victim may disclose the test results only to any personal
physician or sexual partner(s) she may have had since the
attack.
(e) DISCLOSURE OF TEST RESULTS.—The court shall
issue an order to prohibit the disclosure of the results of
any test performed under this section to anyone other than
those mentioned in subsection (c). The contents of the court
proceedings and test results pursuant to this section shall
be sealed. The results of such test performed on the defend-
ant under this section shall not be used as evidence in any
criminal trial.
(f) CONTEMPT FOR DISCLOSURE.—Any person who
discloses the results of a test in violation of this section may
be held in contempt of court.
(g) PENALTIES FOR INTENTIONAL TRANSMISSION OF
HIV.—Not later than 6 months after the date of enactment
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of this section, the United States Sentencing Commission
shall conduct a study and prepare and submit to the appro-
priate committees of congress a report concerning rec-
ommendations for the revision of sentencing guidelines that
relate to offenses in which an HIV infected individual en-
gages in sexual activity if the individual knows that he or
she is infected with HIV and intends, through such sexual
activity, to expose another to HIV.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated such sums as may be nec-
essary to carry out the purposes of this section.
SEC. 3704. EXTENSION AND STRENGTHENING OF RESTITU-
TION.
Section 3663(b) of title 18, United States Code, is
amended—
(1) in paragraph (2) by inserting ‘‘including an
offense under chapter 109A or chapter 110’’ after ‘‘an
offense resulting in bodily injury to a victim’’;
(2) by striking ‘‘and’’ at the end of paragraph
(3);
(3) by redesignating paragraph (4) as para-
graph (5); and
(4) by inserting after paragraph (3) the follow-
ing new paragraph:
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‘‘(4) in any case, reimburse the victim for lost
income and necessary child care, transportation, and
other expenses related to participation in the inves-
tigation or prosecution of the offense or attendance at
proceedings related to the offense; and’’.
SEC. 
3705. 
ENFORCEMENT 
OF 
RESTITUTION 
ORDERS
THROUGH SUSPENSION OF FEDERAL BENE-
FITS.
Section 3663 of title 18, United States Code, is amend-
ed—
(1) by redesignating subsections (g) and (h) as
subsections (h) and (i), respectively; and
(2) by inserting after subsection (f) the following
new subsection:
‘‘(g)(1) If the defendant is delinquent in making res-
titution in accordance with any schedule of payments or
any requirement of immediate payment imposed under this
section, the court may, after a hearing, suspend the defend-
ant’s eligibility for all Federal benefits until such time as
the defendant demonstrates to the court good-faith efforts
to return to such schedule.
‘‘(2) In this subsection—
‘‘(A) ‘Federal benefits’—
‘‘(i) means any grant, contract, loan, pro-
fessional license, or commercial license provided
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by an agency of the United States or appro-
priated funds of the United States; and
‘‘(ii) does not include any retirement, wel-
fare, Social Security, health, disability, veterans
benefit, public housing, or other similar benefit,
or any other benefit for which payments or serv-
ices are required for eligibility.
‘‘(B) ‘veterans benefit’ means all benefits pro-
vided to veterans, their families, or survivors by vir-
tue of the service of a veteran in the Armed Forces of
the United States.’’.
SEC. 3706. INADMISSIBILITY OF EVIDENCE TO SHOW PROV-
OCATION OR INVITATION BY VICTIM IN SEX
OFFENSE CASES.
(a) RULE.—The Federal Rules of Evidence, as amend-
ed by section 3254, are amended by adding after rule 413
the following new rule:
‘‘Rule 414. Inadmissibility of Evidence to Show Invitation or
Provocation by Victim in Sexual Abuse Cases
‘‘In a criminal case in which a person is accused of
an offense involving conduct proscribed by chapter 109A of
title 18, United States Code, evidence is not admissible to
show that the alleged victim invited or provoked the com-
mission of the offense. This rule does not limit the admis-
sion of evidence of consent by the alleged victim if the issue
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of consent is relevant to liability and the evidence is other-
wise admissible under these rules.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
for the Federal Rules of Evidence, as amended by section
4, is amended by inserting after the item relating to rule
413 the following new item:
‘‘414. Inadmissibility of evidence to show invitation or provocation by victim in
sexual abuse cases.’’.
SEC. 3707. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL
ASSAULT.
(a) STUDY.—The Attorney General shall provide for
a national baseline study to examine the scope of the prob-
lem of campus sexual assaults and the effectiveness of insti-
tutional and legal policies in addressing such crimes and
protecting victims. The Attorney General may utilize the
Bureau of Justice Statistics, the National Institute of Jus-
tice, and the Office for Victims of Crime in carrying out
this section.
(b) REPORT.—Based on the study required by sub-
section (a), the Attorney General shall prepare a report in-
cluding an analysis of—
(1) the number of reported allegations and esti-
mated number of unreported allegations of campus
sexual assaults, and to whom the allegations are re-
ported (including authorities of the educational insti-
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tution, sexual assault victim service entities, and local
criminal authorities);
(2) the number of campus sexual assault allega-
tions reported to authorities of educational institu-
tions which are reported to criminal authorities;
(3) the number of campus sexual assault allega-
tions that result in criminal prosecution in compari-
son with the number of non-campus sexual assault al-
legations that result in criminal prosecution;
(4) Federal and State laws or regulations per-
taining specifically to campus sexual assaults;
(5) the adequacy of policies and practices of edu-
cational institutions in addressing campus sexual as-
saults and protecting victims, including consideration
of—
(A) the security measures in effect at edu-
cational institutions, such as utilization of cam-
pus police and security guards, control over ac-
cess to grounds and buildings, supervision of stu-
dent activities and student living arrangements,
control over the consumption of alcohol by stu-
dents, lighting, and the availability of escort
services;
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(B) the articulation and communication to
students of the institution’s policies concerning
sexual assaults;
(C) policies and practices that may prevent
or discourage the reporting of campus sexual as-
saults to local criminal authorities, or that may
otherwise obstruct justice or interfere with the
prosecution of perpetrators of campus sexual
assaults;
(D) the nature and availability of victim
services for victims of campus sexual assaults;
(E) the ability of educational institutions’
disciplinary processes to address allegations of
sexual assault adequately and fairly;
(F) measures that are taken to ensure that
victims are free of unwanted contact with alleged
assailants, and disciplinary sanctions that are
imposed when a sexual assault is determined to
have occurred; and
(G) the grounds on which educational insti-
tutions are subject to lawsuits based on campus
sexual assaults, the resolution of these cases, and
measures that can be taken to avoid the likeli-
hood of lawsuits and civil liability;
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(6) an assessment of the policies and practices of
educational institutions that are of greatest effective-
ness in addressing campus sexual assaults and pro-
tecting victims, including policies and practices relat-
ing to the particular issues described in paragraph
(5); and
(7) any recommendations the Attorney General
may have for reforms to address campus sexual as-
saults and protect victims more effectively, and any
other matters that the Attorney General deems rel-
evant to the subject of the study and report required
by this section.
(c) SUBMISSION OF REPORT.—The report required by
subsection (b) shall be submitted to the Congress no later
than September 1, 1995.
(d) DEFINITION.—For purposes of this section, ‘‘cam-
pus sexual assaults’’ includes sexual assaults occurring at
institutions of postsecondary education and sexual assaults
committed against or by students or employees of such
institutions.
(e) AUTHORIZATION
OF APPROPRIATION.—There is
authorized to be appropriated $200,000 to carry out the
study required by this section.
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SEC. 3708. REPORT ON BATTERED WOMEN’S SYNDROME.
(a) REPORT.—The Attorney General shall prepare and
transmit to the Congress a report on the status of battered
women’s syndrome as a medical and psychological condi-
tion and on its effect in criminal trials. The Attorney Gen-
eral may utilize the National Institute of Justice to obtain
information required for the preparation of the report.
(b) COMPONENTS OF REPORT.—The report described
in subsection (a) shall include—
(1) a review of medical and psychological views
concerning the existence, nature, and effects of bat-
tered women’s syndrome as a psychological condition;
(2) a compilation of judicial decisions that have
admitted or excluded evidence of battered women’s
syndrome as evidence of guilt or as a defense in
criminal trials; and
(3) information on the views of judges, prosecu-
tors, and defense attorneys concerning the effects that
evidence of battered women’s syndrome may have in
criminal trials.
SEC. 3709. REPORT ON CONFIDENTIALITY OF ADDRESSES
FOR VICTIMS OF DOMESTIC VIOLENCE.
(a) REPORT.—The Attorney General shall conduct a
study of the means by which abusive spouses may obtain
information concerning the addresses or locations of es-
tranged or former spouses, notwithstanding the desire of the
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victims to have such information withheld to avoid further
exposure to abuse. Based on the study, the Attorney General
shall transmit a report to Congress including—
(1) the findings of the study concerning the
means by which information concerning the addresses
or locations of abused spouses may be obtained by
abusers; and
(2) analysis of the feasibility of creating effective
means of protecting the confidentiality of information
concerning the addresses and locations of abused
spouses to protect such persons from exposure to fur-
ther abuse while preserving access to such information
for legitimate purposes.
(b) USE
OF COMPONENTS.—The Attorney General
may use the National Institute of Justice and the Office
for Victims of Crime in carrying out this section.
SEC. 3710. REPORT ON RECORDKEEPING RELATING TO DO-
MESTIC VIOLENCE.
Not later than 1 year after the date of enactment of
this Act, the Attorney General shall complete a study of,
and shall submit to Congress a report and recommendations
on, problems of recordkeeping of criminal complaints in-
volving domestic violence. The study and report shall exam-
ine—
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(1) the efforts that have been made by the De-
partment of Justice, including the Federal Bureau of
Investigation, to collect statistics on domestic violence;
and
(2) the feasibility of requiring that the relation-
ship between an offender and victim be reported in
Federal records of crimes of aggravated assault, rape,
and other violent crimes.
SEC. 3711. REPORT ON FAIR TREATMENT IN LEGAL PRO-
CEEDINGS.
Not later than 180 days after the date of enactment
of this Act, the Judicial Conference of the United States
shall review and make recommendations, and report to
Congress, regarding the advisability of creating Federal
rules of professional conduct for lawyers in Federal cases
involving sexual misconduct that—
(1) protect litigants from a course of conduct in-
tended solely for the purpose of distressing, harassing,
embarrassing, burdening, or inconveniencing liti-
gants;
(2) counsel against reliance on generalizations or
stereotypes that demean, disgrace, or humiliate on the
basis of gender;
(3) protect litigants from a course of conduct in-
tended solely to increase the expense of litigation; and
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(4) prohibit counsel from offering evidence that
the lawyer knows to be false or from discrediting evi-
dence the lawyer knows to be true.
SEC. 3712. REPORT ON FEDERAL RULE OF EVIDENCE 404.
(a) STUDY.—Not later than 180 days after the date
of enactment of this Act, the Judicial Conference shall com-
plete a study of, and shall submit to Congress recommenda-
tions for amending, rule 404 of the Federal Rules of Evi-
dence as it affects the admission of evidence of a defendant’s
prior sex crimes in cases brought pursuant to chapter 109A
or other cases involving sexual misconduct.
(b) SPECIFIC ISSUES.—The study described in sub-
section (a) shall include—
(1) a survey of existing law on the introduction
of prior similar sex crimes under State and Federal
evidentiary rules;
(2) a recommendation concerning whether rule
404 should be amended to introduce evidence of prior
sex crimes and, if so—
(A) whether such acts could be used to prove
the defendant’s propensity to act therewith; and
(B) whether evidence of prior similar sex
crimes should be admitted for purposes other
than to show character;
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(3) a recommendation concerning whether evi-
dence of similar acts, if admitted, should meet a
threshold of similarity to the crime charged;
(4) a recommendation concerning whether evi-
dence of similar acts, if admitted, should be limited
to a certain time period, (such as 10 years); and
(5) the effect, if any, of the adoption of any pro-
posed changes on the admissibility of evidence under
rule 412 of the Federal Rules of Evidence.
SEC. 3713. SUPPLEMENTARY GRANTS FOR STATES ADOPT-
ING EFFECTIVE LAWS RELATING TO SEXUAL
VIOLENCE.
(a) IN GENERAL.—The Attorney General may, in each
fiscal year, award an aggregate amount of up to $1,000,000
to a State that meets the eligibility requirements of sub-
section (b).
(b) ELIGIBILITY.—The authority to award additional
funding under this section is conditional on certification
by the Attorney General that the State has laws or policies
relating to sexual violence that exceed or are reasonably
comparable to the provisions of Federal law (including
changes in Federal law made by this Act) in the following
areas:
(1) Provision of training and policy development
programs for law enforcement officers, prosecutors,
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and judges concerning the investigation and prosecu-
tion of sexual offenses.
(2) Authorization of law enforcement and pros-
ecutorial units and teams that target sexual violence.
(3) Funding of victim services programs for vic-
tims of sexual violence.
(4) Authorization of educational and informa-
tional programs relating to sexual violence.
(5) Authorization of pretrial detention of defend-
ants in sexual assault cases where provision of flight
or the safety of others cannot be reasonably assured
by other means.
(6) Authorization of serious penalties for
nonconsensual sexual assault offenses.
(7) Payment of the cost of medical examinations
and testing by the victim for sexually transmitted dis-
eases.
(8) Provision of rape shield protection to ensure
that victims of sexual assault are protected from in-
quiry into unrelated sexual behavior in sexual assault
cases.
(9) Provision of rules of professional conduct in-
tended to protect against a course of conduct intended
solely for the purpose of distressing, harassing, embar-
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rassing, burdening, or inconveniencing litigants in
sexual assault cases.
(10) Authorization of the presence of the victim
in the courtroom at the time of trial and provides for
the victim’s addressing the court concerning the sen-
tence to be imposed.
(11) Authorization of awards of restitution to
victims of sexual assaults as part of a criminal sen-
tence.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated for each fiscal year such sums
as are necessary to carry out this section.
TITLE XXXVIII—ENHANCED PEN-
ALTIES FOR ANTI-FRAUD EN-
FORCEMENT EFFORTS
SEC. 3801. SHORT TITLE.
(a) SHORT TITLE.—This title may be cited as the ‘‘Na-
tional Health Care Anti-Fraud and Abuse Act of 1993’’.
Subtitle A—Amendments to
Criminal Law
SEC. 3811. HEALTH CARE FRAUD.
(a) IN GENERAL.—
(1) FINES
AND
IMPRISONMENT
FOR
HEALTH
CARE FRAUD VIOLATIONS.—Chapter 63 of title 18,
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United States Code, is amended by adding at the end
the following:
‘‘§ 1347. Health care fraud
‘‘(a) Whoever knowingly executes, or attempts to exe-
cute, a scheme or artifice—
‘‘(1) to defraud any health care plan or other
person, in connection with the delivery of or payment
for health care benefits, items, or services; or
‘‘(2) to obtain, by means of false or fraudulent
pretenses, representations, or promises, any of the
money or property owned by, or under the custody or
control of, any health care plan, or person in connec-
tion with the delivery of or payment for health care
benefits, items, or services;
shall be fined under this title or imprisoned not more than
10 years, or both. If the violation results in serious bodily
injury (as defined in section 1365(g)(3) of this title), such
person shall be imprisoned for life or any term of years.
‘‘(b) For purposes of this section, the term ‘health care
plan’ means a federally funded public program or private
program for the delivery of or payment for health care items
or services.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 63 of title 18, Unit-
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ed States Code, is amended by adding at the end the
following:
‘‘1347. Health care fraud.’’.
SEC. 3812. FORFEITURES FOR FEDERAL HEALTH CARE OF-
FENSES.
Section 982(a) of title 18, United States Code, is
amended by inserting after paragraph (5) the following:
‘‘(6)(A) If the court determines that a Federal health
care offense is of a type that poses a serious threat to the
health of any person or has a significant detrimental im-
pact on the health care system, the court, in imposing sen-
tence on a person convicted of that offense, shall order that
person to forfeit property, real or personal, that—
‘‘(i)(I) is used in the commission of the offense;
or
‘‘(II) constitutes or is derived from proceeds
traceable to the commission of the offense; and
‘‘(ii) is of a value proportionate to the serious-
ness of the offense.’’.
‘‘(B) For purposes of this paragraph, the term ‘Federal
health care offense’ means a violation of, or a criminal con-
spiracy to violate—
‘‘(i) section 1347 of this title;
‘‘(ii) section 1128B of the Social Security
Act;
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‘‘(iii) sections 287, 371, 664, 666, 1001,
1027, 1341, 1343, or 1954 of this title if the vio-
lation or conspiracy relates to health care fraud;
‘‘(iv) section 501 or 511 of the Employee
Retirement Income Security Act of 1974, if the
violation or conspiracy relates to health care
fraud; and
‘‘(v) section 301, 303(a)(2), or 303 (b) or (e)
of the Federal Food, Drug and Cosmetic Act, if
the violation or conspiracy relates to health care
fraud.’’.
SEC. 3813. INJUNCTIVE RELIEF RELATING TO FEDERAL
HEALTH CARE OFFENSES.
Section 1345(a)(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(A);
(2) by inserting ‘‘or’’ at the end of subparagraph
(B); and
(3) by adding at the end the following:
‘‘(C) committing or about to commit a Fed-
eral health care offense (as defined in section
982(a)(6)(B) of this title);’’.
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SEC. 3814. RACKETEERING ACTIVITY RELATING TO FED-
ERAL HEALTH CARE OFFENSES.
Section 1961 of title 18, United States Code, is amend-
ed by inserting ‘‘section 982(a)(6) (relating to Federal
health care offenses),’’ after ‘‘sections 891–894 (relating to
extortionate credit transactions),’’.
Subtitle E—Amendments to Civil
False Claims Act
SEC. 3821. AMENDMENTS TO CIVIL FALSE CLAIMS ACT.
Section 3729 of title 31, United States Code, is amend-
ed—
(1) in subsection (a)(7), by inserting ‘‘or to a
health care plan,’’ after ‘‘property to the Govern-
ment,’’;
(2) in the matter following subsection (a)(7), by
inserting ‘‘or health care plan’’ before ‘‘sustains be-
cause of the act of that person,’’;
(3) at the end of the first sentence of subsection
(a), by inserting ‘‘or health care plan’’ before ‘‘sus-
tains because of the act of the person.’’;
(4) in subsection (c)—
(A) by inserting ‘‘the term’’ after ‘‘section,’’;
and
(B) by adding at the end the following:
‘‘The term also includes any request or demand,
whether under contract or otherwise, for money
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or property which is made or presented to a
health care plan.’’; and
(5) by adding at the end the following:
‘‘(f) HEALTH CARE PLAN DEFINED.—For purposes of
this section, the term ‘health care plan’ means a federally
funded public program for the delivery of or payment for
health care items or services.’’.
TITLE XXXIX—SENIOR CITIZENS
AGAINST MARKETING SCAMS
SEC 3901. SHORT TITLE.
This Act may be cited as the ‘‘Senior Citizens Against
Marketing Scams Act of 1993’’.
SEC. 3902. FINDINGS AND DECLARATION.
The Congress makes the following findings and dec-
laration:
(1) Unprecedented Federal law enforcement in-
vestigations have uncovered a national network of il-
licit telemarketing operations.
(2) Most of the telemarketing industry is legiti-
mate, employing over 3,000,000 people through direct
and indirect means.
(3) Illicit telemarketers, however, are an increas-
ing problem which victimizes our Nation’s senior citi-
zens in disproportionate numbers.
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(4) Interstate telemarketing fraud has become a
problem of such magnitude that the resources of the
Department of Justice are not sufficient to ensure
that there is adequate investigation of, and protection
from, such fraud.
(5) Telemarketing differs from other sales activi-
ties in that it can be carried out by sellers across
State lines without direct contact. Telemarketers can
also be very mobile, easily moving from State to
State.
(6) It is estimated that victims lose billions of
dollars a year as a result of telemarketing fraud.
(7) Consequently, Congress should enact legisla-
tion that will—
(A) enhance Federal law enforcement re-
sources;
(B) 
ensure 
adequate 
punishment 
for
telemarketing fraud; and
(C) educate the public.
SEC. 3903. ENHANCED PENALTIES FOR TELEMARKETING
FRAUD.
(a) OFFENSE.—Part I of title 18, United States Code,
is amended—
(1) by redesignating chapter 113A as chapter
113B; and
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(2) by inserting after chapter 113 the following
new chapter:
‘‘CHAPTER 113A—TELEMARKETING FRAUD
‘‘Sec.
‘‘2325. Definition.
‘‘2326. Enhanced penalties.
‘‘2327. Restitution.
‘‘§ 2325. Definition
‘‘In this chapter, ‘telemarketing’—
‘‘(1) means a plan, program, promotion, or cam-
paign that is conducted to induce—
‘‘(A) purchases of goods or services; or
‘‘(B) participation in a contest or sweep-
stakes,
by use of 1 or more interstate telephone calls initiated
either by a person who is conducting the plan, pro-
gram, promotion, or campaign or by a prospective
purchaser or contest or sweepstakes participant; but
‘‘(2) does not include the solicitation of sales
through the mailing of a catalog that—
‘‘(A) contains a written description or illus-
tration of the goods or services offered for sale;
‘‘(B) includes the business address of the
seller;
‘‘(C) includes multiple pages of written ma-
terial or illustration; and
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‘‘(D) has been issued not less frequently
than once a year,
if the person making the solicitation does not solicit
customers by telephone but only receives calls initi-
ated by customers in response to the catalog and dur-
ing those calls take orders without further solicitation.
‘‘§ 2326. Enhanced penalties
‘‘An offender that is convicted of an offense under
1028, 1029, 1341, 1342, 1343, or 1344 in connection with
the conduct of telemarketing—
‘‘(1) may be imprisoned for a term of 5 years in
addition to any term of imprisonment imposed under
any of those sections, respectively; and
‘‘(2) in the case of an offense under any of those
sections that—
‘‘(A) victimized ten or more persons over the
age of 55; or
‘‘(B) targeted persons over the age of 55,
may be imprisoned for a term of 10 years in addition
to any term of imprisonment imposed under any of
those sections, respectively.
‘‘§ 2327. Restitution
‘‘In sentencing an offender under section 2326, the
court shall order the offender to pay restitution to any vic-
tims and may order the offender to pay restitution to others
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who sustained losses as a result of the offender’s fraudulent
activity.’’.
(b) TECHNICAL AMENDMENTS.—
(1) PART ANALYSIS.—The part analysis for part
I of title 18, United States Code, is amended by strik-
ing the item relating to chapter 113A and inserting
the following:
‘‘113A. Telemarketing fraud ...........................................................................
2325
‘‘113B. Terrorism .............................................................................................
2331’’.
(2) CHAPTER
113B.—The chapter heading for
chapter 113B of title 18, United States Code, as re-
designated by subsection (a)(1), is amended to read as
follows:
‘‘CHAPTER 113B—TERRORISM’’.
SEC. 3904. FORFEITURE OF FRAUD PROCEEDS.
Section 982(a) of title 18, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(6) The Court, in sentencing an offender under
section 2326, shall order that the offender forfeit to the
United States any real or personal property con-
stituting or derived from proceeds that the offender
obtained directly or indirectly as a result of the of-
fense.’’.
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SEC. 3905. INCREASED PENALTIES FOR FRAUD AGAINST
OLDER VICTIMS.
(a) REVIEW.—The United States Sentencing Commis-
sion shall review and, if necessary, amend the sentencing
guidelines to ensure that victim related adjustments for
fraud offenses against older victims over the age of 55 are
adequate.
(b) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Sentencing Commission shall
report to Congress the result of its review under subsection
(a).
SEC. 3906. REWARDS FOR INFORMATION LEADING TO PROS-
ECUTION AND CONVICTION.
Section 3059 of title 18, United States Code, is amend-
ed by adding at the end the following new subsection:
‘‘(c)(1) In special circumstances and in the Attorney
General’s sole discretion, the Attorney General may make
a payment of up to $10,000 to a person who furnishes infor-
mation unknown to the Government relating to a possible
prosecution under section 2325 which results in a convic-
tion.
‘‘(2) A person is not eligible for a payment under
paragraph (1) if—
‘‘(A) the person is a current or former officer or
employee of a Federal, State, or local government
agency or instrumentality who furnishes information
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discovered or gathered in the course of government
employment;
‘‘(B) the person knowingly participated in the
offense;
‘‘(C) the information furnished by the person
consists of an allegation or transaction that has been
disclosed to the public—
‘‘(i) in a criminal, civil, or administrative
proceeding;
‘‘(ii) in a congressional, administrative, or
General Accounting Office report, hearing, audit,
or investigation; or
‘‘(iii) by the news media, unless the person
is the original source of the information; or
‘‘(D) when, in the judgment of the Attorney Gen-
eral, it appears that a person whose illegal activities
are being prosecuted or investigated could benefit
from the award.
‘‘(3) For the purposes of paragraph (2)(C)(iii), the
term ‘original source’ means a person who has direct and
independent knowledge of the information that is furnished
and has voluntarily provided the information to the Gov-
ernment prior to disclosure by the news media.