H. R. 3355—145
to victims of domestic violence. The final report shall set forth
the views of the persons consulted on the recommendations.
(c) REPORT.—The Attorney General shall ensure that no later
than 1 year after the date of enactment of this Act, the study
required under subsection (a) is completed and a report describing
the findings made is submitted to the Committees on the Judiciary
of the Senate and the House of Representatives.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $200,000 for fiscal
year 1996.
SEC. 40293. NUMBER AND COST OF INJURIES.
(a) STUDY.—The Secretary of Health and Human Services, act-
ing through the Centers for Disease Control Injury 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 are authorized
to be appropriated to carry out this section—$100,000 for fiscal
year 1996.
CHAPTER 10—RURAL DOMESTIC VIOLENCE AND CHILD
ABUSE ENFORCEMENT
SEC. 40295. RURAL 
DOMESTIC 
VIOLENCE 
AND 
CHILD 
ABUSE
ENFORCEMENT ASSISTANCE.
(a) GRANTS.—The Attorney General may make grants to States,
Indian tribal governments, and local governments of rural States,
and to other public or private entities of rural States—
(1) to implement, expand, and establish cooperative efforts
and projects between law enforcement officers, prosecutors, vic-
tim advocacy groups, and other related parties to investigate
and prosecute incidents of domestic violence and child abuse;
(2) to provide treatment and counseling to victims of domes-
tic violence and child abuse; and
(3) to work in cooperation with the community to develop
education and prevention strategies directed toward such
issues.
(b) DEFINITIONS.—In this section—
‘‘Indian tribe’’ means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that
is recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
‘‘rural State’’ has the meaning stated in section 1501(b)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796bb(B)).
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section—
(A) $7,000,000 for fiscal year 1996;
(B) $8,000,000 for fiscal year 1997; and
(C) $15,000,000 for fiscal year 1998.
H. R. 3355—146
(2) ADDITIONAL FUNDING.—In addition to funds received
under a grant under subsection (a), a law enforcement agency
may use funds received under a grant under section 103 to
accomplish the objectives of this section.
Subtitle C—Civil Rights for Women
SEC. 40301. SHORT TITLE.
This subtitle may be cited as the ‘‘Civil Rights Remedies for
Gender-Motivated Violence Act’’.
SEC. 40302. CIVIL RIGHTS.
(a) PURPOSE.—Pursuant to the affirmative power of Congress
to enact this subtitle under section 5 of the Fourteenth Amendment
to the Constitution, as well as under section 8 of Article I of
the Constitution, it is the purpose of this subtitle to protect the
civil rights of victims of gender motivated violence and to promote
public safety, health, and activities affecting interstate commerce
by establishing a Federal civil rights cause of action for victims
of crimes of violence motivated by gender.
(b) RIGHT TO BE FREE FROM CRIMES OF VIOLENCE.—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 violence 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 gender’’ 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; and
(2) the term ‘‘crime of violence’’ means—
(A) an act or series of acts that would constitute a
felony against the person or that would constitute a felony
against property if the conduct presents a serious risk
of physical injury to another, and that would come within
the meaning 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 criminal charges,
prosecution, or conviction and whether or not those acts
were committed in the special maritime, territorial, or
prison jurisdiction of the United States; and
(B) includes an act or series of acts that would con-
stitute a felony described in subparagraph (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 dem-
H. R. 3355—147
onstrated, by a preponderance of the evidence, to be motivated
by gender (within the meaning of subsection (d)).
(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 subtitle.
(4) SUPPLEMENTAL 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 jurisdic-
tion over any State law claim seeking the establishment of
a divorce, 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
40302 of the Violence Against Women Act of 1994 may not be
removed to any district court of the United States.’’.
SEC. 40303. ATTORNEY’S FEES.
Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended
in the last sentence—
(1) by striking ‘‘or’’ after ‘‘Public Law 92–318,’’; and
(2) by inserting ‘‘, or section 40302 of the Violence Against
Women Act of 1994,’’ after ‘‘1964’’.
SEC. 40304. SENSE OF THE SENATE CONCERNING PROTECTION OF
THE PRIVACY OF RAPE VICTIMS.
It is the sense of the Senate 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.
Subtitle D—Equal Justice for Women in
the Courts Act
SEC. 40401. SHORT TITLE.
This subtitle may be cited as the ‘‘Equal Justice for Women
in the Courts Act of 1994’’.
CHAPTER 1—EDUCATION AND TRAINING FOR JUDGES
AND COURT PERSONNEL IN STATE COURTS
SEC. 40411. GRANTS AUTHORIZED.
The State Justice Institute may award grants for the purpose
of developing, testing, presenting, and disseminating model pro-
grams to be used by States (as defined in section 202 of the
State Justice Institute Act of 1984 (42 U.S.C. 10701)) in training
judges and court personnel in the laws of the States and by Indian
tribes in training tribal judges and court personnel in the laws
H. R. 3355—148
of the tribes on rape, sexual assault, domestic violence, and other
crimes of violence motivated by the victim’s gender.
SEC. 40412. TRAINING PROVIDED BY GRANTS.
Training provided pursuant to grants made under this subtitle
may include current information, existing studies, or current data
on—
(1) the nature and incidence of rape and sexual assault
by strangers and nonstrangers, marital rape, and incest;
(2) the underreporting of rape, sexual assault, and child
sexual abuse;
(3) the physical, psychological, and economic impact of rape
and sexual assault on the victim, the costs to society, and
the implications for sentencing;
(4) the psychology of sex offenders, their high rate of recidi-
vism, and the implications for sentencing;
(5) the historical evolution of laws and attitudes on rape
and sexual assault;
(6) sex stereotyping of female and male victims of rape
and sexual assault, racial stereotyping of rape victims and
defendants, and the impact of such stereotypes on credibility
of witnesses, sentencing, and other aspects of the administra-
tion of justice;
(7) application of rape shield laws and other limits on
introduction of evidence that may subject victims to improper
sex stereotyping and harassment in both rape and nonrape
cases, including the need for sua sponte judicial intervention
in inappropriate cross-examination;
(8) the use of expert witness testimony on rape trauma
syndrome, child sexual abuse accommodation syndrome, post-
traumatic stress syndrome, and similar issues;
(9) the legitimate reasons why victims of rape, sexual
assault, and incest may refuse to testify against a defendant;
(10) the nature and incidence of domestic violence;
(11) the physical, psychological, and economic impact of
domestic violence on the victim, the costs to society, and the
implications for court procedures and sentencing;
(12) the psychology and self-presentation of batterers and
victims and the implications for court proceedings and credibil-
ity of witnesses;
(13) sex stereotyping of female and male victims of domestic
violence, myths about presence or absence of domestic violence
in certain racial, ethnic, religious, or socioeconomic groups,
and their impact on the administration of justice;
(14) historical evolution of laws and attitudes on domestic
violence;
(15) proper and improper interpretations of the defenses
of self-defense and provocation, and the use of expert witness
testimony on battered woman syndrome;
(16) the likelihood of retaliation, recidivism, and escalation
of violence by batterers, and the potential impact of incarcer-
ation and other meaningful sanctions for acts of domestic
violence including violations of orders of protection;
(17) economic, psychological, social and institutional rea-
sons for victims’ inability to leave the batterer, to report domes-
tic violence or to follow through on complaints, including the
influence of lack of support from police, judges, and court