I
103D CONGRESS
1ST SESSION
H. R. 688
To prevent and punish sexual violence and domestic violence, to assist and
protect the victims of such crimes, to assist State and local efforts,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 27, 1993
Ms. MOLINARI (for herself, Mr. KYL, Mr. JOHNSON of South Dakota, Mr.
MANTON, Ms. FOWLER, Mr. RANGEL, Mr. MOORHEAD, Mr. FORD of
Michigan, Mrs. COLLINS of Michigan, Mr. COX, Mr. POSHARD, Mr.
SCHIFF, Mr. PETE GEREN of Texas, Mr. INGLIS, Mr. GINGRICH, Mr.
OXLEY, Mr. EWING, Mr. BAKER of California, Mr. ZELIFF, Mr. FROST,
Mr. HYDE, Mr. CUNNINGHAM, Mr. BLUTE, Mr. ROTH, Mrs. JOHNSON
of Connecticut, Mr. BARRETT of Wisconsin, Mr. MORAN, Mr. BAKER of
Louisiana, Mr. MACHTLEY, Mr. EMERSON, Mr. GREENWOOD, and Mr.
PAXON) introduced the following bill; which was referred to the Commit-
tee on the Judiciary
A BILL
To prevent and punish sexual violence and domestic violence,
to assist and protect the victims of such crimes, to assist
State and local efforts, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Sexual Assault Preven-
tion Act of 1993’’.
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SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—SEXUAL VIOLENCE
Subtitle A—Penalties and Remedies
Sec. 101. Pretrial detention in sex offense cases.
Sec. 102. Death penalty for murders committed by sex offenders.
Sec. 103. Increased penalties for recidivist sex offenders.
Sec. 104. Increased penalties for sex offenses against victims below the age of
16.
Sec. 105. Sentencing guidelines increase for sex offenses.
Sec. 106. HIV testing and penalty enhancement in sex offense cases.
Sec. 107. Payment of cost of HIV testing for victims in sex offense cases.
Sec. 108. Increased penalties for drug distribution to pregnant women.
Sec. 109. Extension and strengthening of restitution.
Sec. 110. Enforcement of restitution orders through suspension of federal bene-
fits.
Sec. 111. Civil remedy for victims of sexual violence.
Subtitle B—Rules of Evidence, Practice, and Procedure
Sec. 121. Admissibility of evidence of similar crimes in sex offense cases.
Sec. 122. Extension and strengthening of rape victim shield law.
Sec. 123. Inadmissibility of evidence to show provocation or invitation by victim
in sex offense cases.
Sec. 124. Right of the victim to fair treatment in legal proceedings.
Sec. 125. Right of the victim to an impartial jury.
Sec. 126. Victim’s right of allocution in sentencing.
Sec. 127. Victim’s right of privacy.
Subtitle C—Safe Campuses
Sec. 131. National baseline study on campus sexual assault.
Subtitle D—Assistance to States and Localities
Sec. 141. Sexual violence grant program.
Sec. 142. Supplementary grants for states adopting effective laws relating to
sexual violence.
TITLE II—DOMESTIC VIOLENCE, STALKING, AND OFFENSES
AGAINST THE FAMILY
Sec. 201. Interstate travel to commit spouse abuse or to violate protective
order; interstate stalking.
Sec. 202. Full faith and credit for protective orders.
Sec. 203. Non-compliance with child support obligations in interstate cases.
Sec. 204. Presumption against child custody for spouse abusers.
Sec. 205. Report on battered women’s syndrome.
Sec. 206. Report on confidentiality of addresses for victims of domestic vio-
lence.
Sec. 207. Report on recordkeeping relating to domestic violence.
Sec. 208. Domestic violence and family support grant program.
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TITLE III—NATIONAL TASK FORCE ON VIOLENCE AGAINST
WOMEN
Sec. 301. Establishment.
Sec. 302. Duties of task force.
Sec. 303. Membership.
Sec. 304. Pay.
Sec. 305. Executive director and staff.
Sec. 306. Powers of task force.
Sec. 307. Report.
Sec. 308. Authorization of appropriation.
Sec. 309. Termination.
TITLE I—SEXUAL VIOLENCE
Subtitle A—Penalties and Remedies
SEC. 101. PRETRIAL DETENTION IN SEX OFFENSE CASES.
Section 3156(a)(4) of title 18, United States Code,
is amended by striking ‘‘, or’’ at the end of subparagraph
(A) and inserting a semicolon, by striking the period at
the end of subparagraph (B) and inserting ‘‘; or’’, and
by adding after subparagraph (B) the following new sub-
paragraph:
‘‘(C) any felony under chapter 109A or
chapter 110 of this title.’’
SEC. 102. DEATH PENALTY FOR MURDERS COMMITTED BY
SEX OFFENDERS.
Title 18 of the United States Code is amended—(a)
by adding the following new section at the end of chapter
51:
‘‘§ 1118. Capital Punishment for Murders Committed
by Sex Offenders
‘‘(a) OFFENSE.—Whoever—
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‘‘(1) causes the death of a person intentionally,
knowingly, or through recklessness manifesting ex-
treme indifference to human life; or
‘‘(2) causes the death of a person through the
intentional infliction of serious bodily injury;
shall be punished as provided in subsection (c) of this sec-
tion.
‘‘(b) FEDERAL JURISDICTION.—There is Federal ju-
risdiction over an offense described in this section if the
conduct resulting in death occurs in the course of another
offense against the United States.
‘‘(c) PENALTY.—An offense described in this section
is a Class A felony. A sentence of death may be imposed
for an offense described in this section as provided in sub-
sections (d)–(l), except that a sentence of death may not
be imposed on a defendant who was below the age of eight-
een at the time of the commission of the crime.
‘‘(d) MITIGATING FACTORS.—In determining wheth-
er to recommend a sentence of death, the jury shall con-
sider whether any aspect of the defendant’s character,
background, or record or any circumstance of the offense
that the defendant may proffer as a mitigating factor ex-
ists, including the following factors:
‘‘(1) MENTAL
CAPACITY.—The defendant’s
mental capacity to appreciate the wrongfulness of
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his conduct or to conform his conduct to the require-
ments of law was significantly impaired.
‘‘(2) DURESS.—The defendant was under un-
usual and substantial duress.
‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The
defendant is punishable as a principal (pursuant to
section 2 of this title) in the offense, which was com-
mitted by another, but the defendant’s participation
was relatively minor.
‘‘(e) 
AGGRAVATING
FACTORS.—In 
determining
whether to recommend a sentence of death, the jury shall
consider any aggravating factor for which notice has been
provided under subsection (f), including the following fac-
tors—
‘‘(1) KILLING IN COURSE OF DESIGNATED SEX
CRIMES.—The conduct resulting in death occurred
in the course of an offense defined in chapter 109A,
110, or 117 of this title.
‘‘(2) KILLING IN CONNECTION WITH SEXUAL
ASSAULT OR CHILD MOLESTATION.—The defendant
committed a crime of sexual assault or crime of
child molestation, as defined in subsection (x), in the
course of an offense on which federal jurisdiction is
based under subsection (b).
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‘‘(3) PRIOR CONVICTION OF SEXUAL ASSAULT
OR CHILD MOLESTATION.—The defendant has pre-
viously been convicted of a crime of sexual assault
or crime of child molestation as defined in sub-
section (x).
‘‘(f) NOTICE OF INTENT TO SEEK DEATH PEN-
ALTY.—If the government intends to seek the death pen-
alty for an offense under this section, the attorney for the
government shall file with the court and serve on the de-
fendant a notice of such intent. The notice shall be pro-
vided a reasonable time before the trial or acceptance of
a guilty plea, or at such later time before trial as the court
may permit for good cause. If the court permits a late
filing of the notice upon a showing of good cause, the court
shall ensure that the defendant has adequate time to pre-
pare for trial. The notice shall set forth the aggravating
factor or factors set forth in subsection (e) and any other
aggravating factor or factors that the government will seek
to prove as the basis for the death penalty. The factors
for which notice is provided under this subsection may in-
clude factors concerning the effect of the offense on the
victim and the victim’s family. The court may permit the
attorney for the government to amend the notice upon a
showing of good cause.
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‘‘(g) JUDGE AND JURY AT CAPITAL SENTENCING
HEARING.—A hearing to determine whether the death
penalty will be imposed for an offense under this section
shall be conducted by the judge who presided at trial or
accepted a guilty plea, or by another judge if that judge
is not available. The hearing shall be conducted before the
jury that determined the defendant’s guilt if that jury is
available. A new jury shall be impaneled for the purpose
of the hearing if the defendant pleaded guilty, the trial
of guilt was conducted without a jury, the jury that deter-
mined the defendant’s guilt was discharged for good
cause, or reconsideration of the sentence is necessary after
the initial imposition of a sentence of death. A jury
impaneled under this subsection shall have twelve mem-
bers unless the parties stipulate to a lesser number at any
time before the conclusion of the hearing with the approval
of the judge. Upon motion of the defendant, with the ap-
proval of the attorney for the government, the hearing
shall be carried out before the judge without a jury. If
there is no jury, references to ‘‘the jury’’ in this section,
where applicable, shall be understood as referring to the
judge.
‘‘(h) PROOF
OF MITIGATING
AND AGGRAVATING
FACTORS.—No presentence report shall be prepared if a
capital sentencing hearing is held under this section. Any
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information relevant to the existence of mitigating factors,
or to the existence of aggravating factors for which notice
has been provided under subsection (f), may be presented
by either the government or the defendant. The informa-
tion presented may include trial transcripts and exhibits.
Information presented by the government in support of
factors concerning the effect of the offense on the victim
and the victim’s family may include oral testimony, a vic-
tim impact statement that identifies the victim of the of-
fense and the nature and extent of harm and loss suffered
by the victim and the victim’s family, and other relevant
information. Information is admissible regardless of its
admissibility under the rules governing the admission of
evidence at criminal trials, except that information may
be excluded if its probative value is outweighed by the dan-
ger of creating unfair prejudice, confusing the issues, or
misleading the jury. The attorney for the government and
for the defendant shall be permitted to rebut any informa-
tion received at the hearing, and shall be given fair oppor-
tunity to present argument as to the adequacy of the in-
formation to establish the existence of any aggravating or
mitigating factor, and as to the appropriateness in that
case of imposing a sentence of death. The attorney for
the government shall open the argument, the defendant
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shall be permitted to reply, and the government shall then
be permitted to reply in rebuttal.
‘‘(i) FINDINGS OF AGGRAVATING AND MITIGATING
FACTORS.—The jury shall return special findings identify-
ing any aggravating factor or factors for which notice has
been provided under subsection (f) and which the jury
unanimously determines have been established by the gov-
ernment beyond a reasonable doubt. A mitigating factor
is established if the defendant has proven its existence by
a preponderance of the evidence, and any member of the
jury who finds the existence of such a factor may regard
it as established for purposes of this section regardless of
the number of jurors who concur that the factor has been
established.
‘‘(j) FINDING
CONCERNING
A
SENTENCE
OF
DEATH.—If the jury specially finds under subsection (i)
that one or more aggravating factors set forth in sub-
section (e) exist, and the jury further finds unanimously
that there are no mitigating factors or that the aggravat-
ing factor or factors specially found under subsection (i)
outweigh any mitigating factors, then the jury shall rec-
ommend a sentence of death. In any other case, the jury
shall not recommend a sentence of death. The jury shall
be instructed that it must avoid any influence of sym-
pathy, sentiment, passion, prejudice, or other arbitrary
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factors in its decision, and should make such a rec-
ommendation as the information warrants.
‘‘(k) SPECIAL PRECAUTION TO ASSURE AGAINST
DISCRIMINATION.—In a hearing held before a jury, the
court, before the return of a finding under subsection (j),
shall instruct the jury that, in considering whether to rec-
ommend a sentence of death, it shall not be influenced
by prejudice or bias relating to the race, color, religion,
national origin, or sex of the defendant or any victim, and
that the jury is not to recommend a sentence of death
unless it has concluded that it would recommend a sen-
tence of death for such a crime regardless of the race,
color, religion, national origin, or sex of the defendant or
any victim. The jury, upon the return of a finding under
subsection (j), shall also return to the court a certificate,
signed by each juror, that the race, color, religion, national
origin, or sex of the defendant or any victim did not affect
the juror’s individual decision and that the individual juror
would have recommended the same sentence for such a
crime regardless of the race, color, religion, national ori-
gin, or sex of the defendant or any victim.
‘‘(l) IMPOSITION OF A SENTENCE OF DEATH.—Upon
a recommendation under subsection (j) that a sentence of
death be imposed, the court shall sentence the defendant
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to death. Otherwise the court shall impose a sentence,
other than death, that is authorized by law.
‘‘(m) REVIEW OF A SENTENCE OF DEATH.—The de-
fendant may appeal a sentence of death under this section
by filing a notice of appeal of the sentence within the time
provided for filing a notice of appeal of the judgment of
conviction. An appeal of a sentence under this subsection
may be consolidated with an appeal of the judgment of
conviction and shall have priority over all noncapital mat-
ters in the court of appeals. The court of appeals shall
review the entire record in the case including the evidence
submitted at trial and information submitted during the
sentencing hearing, the procedures employed in the sen-
tencing hearing, and the special findings returned under
subsection (i). The court of appeals shall uphold the sen-
tence if it determines that the sentence of death was not
imposed under the influence of passion, prejudice, or any
other arbitrary factor, that the evidence and information
support the special findings under subsection (i), and that
the proceedings were otherwise free of prejudicial error
that was properly preserved for and raised on appeal. In
any other case, the court of appeals shall remand the case
for reconsideration of the sentence or imposition of an-
other authorized sentence as appropriate, except that the
court shall not reverse a sentence of death on the ground
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that an aggravating factor was not supported by the evi-
dence and information if at least one aggravating factor
set forth in subsection (e) which was found to exist re-
mains and the court, on the basis of the evidence submit-
ted at trial and the information submitted at the sentenc-
ing hearing, finds no mitigating factor or finds that the
remaining aggravating factor or factors which were found
to exist outweigh any mitigating factors. The court of ap-
peals shall state in writing the reasons for its disposition
of an appeal of a sentence of death under this section.
‘‘(n) IMPLEMENTATION OF SENTENCE OF DEATH.—
A person sentenced to death under this section shall be
committed to the custody of the Attorney General until
exhaustion of the procedures for appeal of the judgment
of conviction and review of the sentence. When the sen-
tence is to be implemented, the Attorney General shall re-
lease the person sentenced to death to the custody of a
United States Marshal. The Marshal shall supervise im-
plementation of the sentence in the manner prescribed by
the law of the State in which the sentence is imposed, or
in the manner prescribed by the law of another State des-
ignated by the court if the law of the State in which the
sentence was imposed does not provide for implementation
of a sentence of death. The Marshal may use State or local
facilities, may use the services of an appropriate State or
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local official or of a person such an official employs, and
shall pay the costs thereof in an amount approved by the
Attorney General.
‘‘(o) SPECIAL BAR TO EXECUTION.—A sentence of
death shall not be carried out upon a woman while she
is pregnant.
‘‘(p) CONSCIENTIOUS OBJECTION TO PARTICIPATION
IN EXECUTION.—No employee of any State department
of corrections, the Federal Bureau of Prisons, or the Unit-
ed States Marshals Service, and no person providing serv-
ices to that department, bureau, or service under contract
shall be required, as a condition of that employment or
contractual obligation, to be in attendance at or to partici-
pate in any execution carried out under this section if such
participation is contrary to the moral or religious convic-
tions of the employee. For purposes of this subsection, the
term ‘participate in any execution’ includes personal prep-
aration of the condemned individual and the apparatus
used for the execution, and supervision of the activities
of other personnel in carrying out such activities.
‘‘(q) APPOINTMENT
OF COUNSEL
FOR INDIGENT
CAPITAL DEFENDANTS.—A defendant against whom a
sentence of death is sought, or on whom a sentence of
death has been imposed, under this section, shall be enti-
tled to appointment of counsel from the commencement
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of trial proceedings until one of the conditions specified
in subsection (v) has occurred, if the defendant is or be-
comes financially unable to obtain adequate representa-
tion. Counsel shall be appointed for trial representation
as provided in section 3005 of this title, and at least one
counsel so appointed shall continue to represent the de-
fendant until the conclusion of direct review of the judg-
ment, unless replaced by the court with other qualified
counsel. Except as otherwise provided in this section, the
provisions of section 3006A of this title shall apply to ap-
pointments under this section.
‘‘(r) REPRESENTATION AFTER FINALITY OF JUDG-
MENT.—When a judgment imposing a sentence of death
under this section has become final through affirmance by
the Supreme Court on direct review, denial of certiorari
by the Supreme Court on direct review, or expiration of
the time for seeking direct review in the court of appeals
or the Supreme Court, the government shall promptly no-
tify the court that imposed the sentence. The court, within
10 days of receipt of such notice, shall proceed to make
a determination whether the defendant is eligible for ap-
pointment of counsel for subsequent proceedings. The
court shall issue an order appointing one or more counsel
to represent the defendant upon a finding that the defend-
ant is financially unable to obtain adequate representation
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and wishes to have counsel appointed or is unable com-
petently to decide whether to accept or reject appointment
of counsel. The court shall issue an order denying appoint-
ment of counsel upon a finding that the defendant is fi-
nancially able to obtain adequate representation or that
the defendant rejected appointment of counsel with an un-
derstanding of the consequences of that decision. Counsel
appointed pursuant to this subsection shall be different
from the counsel who represented the defendant at trial
and on direct review unless the defendant and counsel re-
quest a continuation or renewal of the earlier representa-
tion.
‘‘(s) STANDARDS FOR COMPETENCE OF COUNSEL.—
In relation to a defendant who is entitled to appointment
of counsel under subsections (q)–(r), at least one counsel
appointed for trial representation must have been admit-
ted to the bar for at least 5 years and have at least three
years of experience in the trial of felony cases in the Fed-
eral district courts. If new counsel is appointed after judg-
ment, at least one counsel so appointed must have been
admitted to the bar for at least 5 years and have at least
3 years of experience in the litigation of felony cases in
the Federal courts of appeals or the Supreme Court. The
court, for good cause, may appoint counsel who does not
meet these standards, but whose background, knowledge,
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or experience would otherwise enable him or her to prop-
erly represent the defendant, with due consideration of the
seriousness of the penalty and the nature of the litigation.
‘‘(t) CLAIMS OF INEFFECTIVENESS OF COUNSEL IN
COLLATERAL PROCEEDINGS.—The ineffectiveness or in-
competence of counsel during proceedings on a motion
under section 2255 of title 28, United States Code, shall
not be a ground for relief from the judgment or sentence
in any proceeding. This limitation shall not preclude the
appointment of different counsel at any stage of the pro-
ceedings.
‘‘(u) TIME FOR COLLATERAL ATTACK ON DEATH
SENTENCE.—A motion under section 2255 of title 28,
United States Code, attacking a sentence of death under
this section, or the conviction on which it is predicated,
must be filed within 90 days of the issuance of the order
under subsection (r) appointing or denying the appoint-
ment of counsel for such proceedings. The court in which
the motion is filed, for good cause shown, may extend the
time for filing for a period not exceeding 60 days. Such
a motion shall have priority over all non-capital matters
in the district court, and in the court of appeals on review
of the district court’s decision.
‘‘(v) STAY OF EXECUTION.—The execution of a sen-
tence of death under this section shall be stayed in the
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course of direct review of the judgment and during the
litigation of an initial motion in the case under section
2255 of title 28, United States Code. The stay shall run
continuously following imposition of the sentence and shall
expire if—
‘‘(1) the defendant fails to file a motion under
section 2255 of title 28, United States Code, within
the time specified in subsection (u), or fails to make
a timely application for court of appeals review fol-
lowing the denial of such a motion by a district
court;
‘‘(2) upon completion of district court and court
of appeals review under section 2255 of title 28,
United States Code, the Supreme Court disposes of
a petition for certiorari in a manner that leaves the
capital sentence undisturbed, or the defendant fails
to file a timely petition for certiorari; or
‘‘(3) before a district court, in the presence of
counsel and after having been advised of the con-
sequences of such a decision, the defendant waives
the right to file a motion under section 2255 of title
28, United States Code.
‘‘(w) FINALITY OF THE DECISION ON REVIEW.—If
one of the conditions specified in subsection (v) has oc-
curred, no court thereafter shall have the authority to
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enter a stay of execution or grant relief in the case un-
less—
‘‘(1) the basis for the stay and request for relief
is a claim not presented in earlier proceedings;
‘‘(2) the failure to raise the claim is the result
of governmental action in violation of the Constitu-
tion or laws of the United States, the result of the
Supreme Court’s recognition of a new Federal right
that is retroactively applicable, or the result of the
fact that the factual predicate of the claim could not
have been discovered through the exercise of reason-
able diligence in time to present the claim in earlier
proceedings; and
‘‘(3) the facts underlying the claim would be
sufficient, if proven, to undermine the court’s con-
fidence in the determination of guilt on the offense
or offenses for which the death penalty was imposed.
‘‘(x) DEFINITIONS.—For purposes of this section—
‘‘(1) ‘crime of sexual assault’ means a crime
under Federal or State law that involved—
‘‘(A) contact, without consent, between any
part of the defendant’s body or an object and
the genitals or anus of another person;
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‘‘(B) contact, without consent, between the
genitals or anus of the defendant and any part
of the body of another person;
‘‘(C) deriving sexual pleasure or gratifi-
cation from the infliction of death, bodily in-
jury, or physical pain on another person; or
‘‘(D) an attempt or conspiracy to engage
in any conduct described in paragraphs (A)–
(C);
‘‘(2) ‘crime of child molestation’ means a crime
under Federal or State law that involved—
‘‘(A) contact between any part of the de-
fendant’s body or an object and the genitals or
anus of a child;
‘‘(B) contact between the genitals or anus
of the defendant and any part of the body of
a child;
‘‘(C) deriving sexual pleasure or gratifi-
cation from the infliction of death, bodily in-
jury, or physical pain on a child; or
‘‘(D) an attempt or conspiracy to engage
in any conduct described in paragraphs (A)–
(C); and
‘‘(3) ‘child’ means a person below the age of
14.’’; and
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(b) by adding the following at the end of the table
of sections for chapter 51:
‘‘1118. Capital Punishment for Murders Committed by Sex Of-
fenders.’’.
SEC. 103. INCREASED PENALTIES FOR RECIDIVIST SEX OF-
FENDERS.
(a) Section 2245 of title 18, United States Code, is
redesignated section 2246.
(b) Chapter 109A of title 18, United States Code,
is amended by inserting the following new section after
section 2244:
‘‘2245. Penalties for subsequent offenses
‘‘Any person who violates a provision of this chapter
after a prior conviction under a provision of this chapter
or the law of a State (as defined in section 513 of this
title) for conduct proscribed by this chapter has become
final is punishable by a term of imprisonment up to twice
that otherwise authorized.’’.
(c) The table of sections for chapter 109A of title
18, United States Code, is amended by—
(1) striking ‘‘2245’’ and inserting in lieu there-
of ‘‘2246’’; and
(2) inserting the following after the item relat-
ing to section 2244:
‘‘2245. Penalties for subsequent offenses.’’.
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SEC. 104. INCREASED PENALTIES FOR SEX OFFENSES
AGAINST VICTIMS BELOW THE AGE OF 16.
Paragraph (2) of section 2245 of title 18, United
States Code, is amended—
(1) in subparagraph (B) by striking ‘‘or’’ after
the semicolon;
(2) in subparagraph (C) by striking ‘‘; and’’
and inserting in lieu thereof ‘‘; or’’; and
(3) by inserting a new subparagraph (D) as fol-
lows:
‘‘(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. 105. SENTENCING GUIDELINES INCREASE FOR SEX OF-
FENSES.
The United States Sentencing Commission shall
amend the sentencing guidelines to increase by at least
four levels the base offense level for an offense under sec-
tion 2241 (aggravated sexual abuse) or section 2242 (sex-
ual abuse) of title 18, United States Code, and shall con-
sider whether any other changes are warranted in the
guidelines provisions applicable to such offenses to ensure
realization of the objectives of sentencing. In amending the
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guidelines in conformity with this section, the Sentencing
Commission shall review the appropriateness and ade-
quacy of existing offense characteristics and adjustments
applicable to such offenses, taking into account the hei-
nousness of sexual abuse offenses, the severity and dura-
tion of the harm caused to victims, and any other relevant
factors. In any subsequent amendment to the sentencing
guidelines, the Sentencing Commission shall maintain
minimum guidelines sentences for the offenses referenced
in this section which are at least equal to those required
by this section.
SEC. 106. HIV TESTING AND PENALTY ENHANCEMENT IN
SEXUAL OFFENSE CASES
(a) Chapter 109A of title 18, United States Code,
is amended by inserting at the end the following new sec-
tion:
‘‘§ 2247. Testing for Human Immunodeficiency Virus;
Disclosure of Test Results to Victim; Ef-
fect on Penalty
‘‘(a) TESTING AT TIME OF PRE-TRIAL RELEASE DE-
TERMINATION.—In a case in which a person is charged
with an offense under this chapter, a judicial officer issu-
ing an order pursuant to section 3142(a) of this title shall
include in the order a requirement that a test for the
human immunodeficiency virus be performed upon the
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person, and that follow-up tests for the virus be performed
6 months and 12 months following the date of the initial
test, unless the judicial officer determines that the conduct
of the person created no risk of transmission of the virus
to the victim, and so states in the order. The order shall
direct that the initial test be performed within 24 hours,
or as soon thereafter as feasible. The person shall not be
released from custody until the test is performed.
‘‘(b) TESTING AT LATER TIME.—If a person charged
with an offense under this chapter was not tested for the
human immunodeficiency virus pursuant to subsection (a),
the court may at a later time direct that such a test be
performed upon the person, and that follow-up tests be
performed 6 months and 12 months following the date of
the initial test, if it appears to the court that the conduct
of the person may have risked transmission of the virus
to the victim. A testing requirement under this subsection
may be imposed at any time while the charge is pending,
or following conviction at any time prior to the person’s
completion of service of the sentence.
‘‘(c) TERMINATION OF TESTING REQUIREMENT.—A
requirement of follow-up testing imposed under this sec-
tion shall be canceled if any test is positive for the virus
or the person obtains an acquittal on, or dismissal of, all
charges under this chapter.
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‘‘(d) DISCLOSURE OF TEST RESULTS.—The results
of any test for the human immunodeficiency virus per-
formed pursuant to an order under this section shall be
provided to the judicial officer or court. The judicial offi-
cer or court shall ensure that the results are disclosed to
the victim (or to the victim’s parent or legal guardian, as
appropriate), the attorney for the government, and the
person tested.
‘‘(e) EFFECT ON PENALTY.—The United States Sen-
tencing Commission shall amend existing guidelines for
sentences for offenses under this chapter to enhance the
sentence if the offender knew or had reason to know that
he was infected with the human immunodeficiency virus,
except where the offender did not engage or attempt to
engage in conduct creating a risk of transmission of the
virus to the victim.’’.
‘‘(b) CLERICAL AMENDMENT.—The table of sections
for chapter 109A of title 18, United States Code, is
amended by inserting at the end thereof the following new
item:
‘‘2247. Testing for Human Immunodeficiency Virus; Disclosure of
Test Results to Victim; Effect on Penalty’’.
SEC. 107. PAYMENT OF COST OF HIV TESTING FOR VICTIMS
IN SEX OFFENSE CASES.
Section 503(c)(7) of the Victims’ Rights and Restitu-
tion Act of 1990 is amended by inserting before the period
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at the end thereof the following: ‘‘, the cost of up to two
tests of the victim for the human immunodeficiency virus
during the 12 months following the 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’’.
SEC. 108. INCREASED PENALTIES FOR DRUG DISTRIBUTION
TO PREGNANT WOMEN.
Section 405 of the Controlled Substances Act (21
U.S.C. 859) is amended by inserting ‘‘, or to a woman
while she is pregnant,’’ after ‘‘to a person under 21 years
of age’’ in subsection (a) and subsection (b).
SEC. 109. EXTENSION AND STRENGTHENING OF RESTITU-
TION.
Section 3663 of title 18, United States Code, is
amended—
(1) in subsection (b), by inserting ‘‘or an of-
fense under chapter 109A or chapter 110’’ after ‘‘an
offense resulting in bodily injury to a victim’’ in
paragraph (2);
(2) in subsection (b), by striking ‘‘and’’ at the
end of paragraph (3), by redesignating paragraph
(4) as paragraph (5), and by inserting after para-
graph (4) the following 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’’; and
(3) in subsection (d), by inserting at the end
the following: ‘‘However, the court shall issue an
order requiring restitution of the full amount of the
victim’s losses and expenses for which restitution is
authorized under this section in imposing sentence
for an offense under chapter 109A or chapter 110
unless the government and the victim do not request
such restitution.’’.
SEC. 
110. 
ENFORCEMENT 
OF 
RESTITUTION 
ORDERS
THROUGH SUSPENSION OF FEDERAL BENE-
FITS.
Section 3663 of title 18, United States Code, is
amended—
(1) by redesignating subsections (g) and (h) as
subsections (h) and (i), respectively; and
(2) by inserting after subsection (f) the follow-
ing 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
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this section, the court may, after a hearing, suspend the
defendant’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) For purposes of this subsection—
‘‘(A) the term ‘Federal benefits’—
‘‘(i) means any grant, contract, loan, pro-
fessional license, or commercial license provided
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
services are required for eligibility; and
‘‘(B) the term ‘veterans benefit’ means all bene-
fits provided to veterans, their families, or survivors
by virtue of the service of a veteran in the Armed
Forces of the United States.’’.
SEC. 111. CIVIL REMEDY FOR VICTIMS OF SEXUAL VIO-
LENCE.
(a) CAUSE OF ACTION.—Whoever, in violation of the
Constitution or laws of the United States, engages in sex-
ual violence against another, shall be liable to the injured
party in an action under this section. The relief available
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in such an action shall include compensatory and punitive
damages and any appropriate equitable or declaratory re-
lief.
(b) DEFINITION.—For purposes of this section, ‘‘sex-
ual violence’’ means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not the
conduct occurs in the special maritime and territorial ju-
risdiction of the United States or in a Federal prison.
(c) ATTORNEY’S FEES.—The Civil Rights Attorney’s
Fees Award Act of 1976 (42 U.S.C. 1988) is amended
by striking ‘‘or’’ after ‘‘Public Law 92–318’’ and by in-
serting after ‘‘1964’’ the following: ‘‘, or section 111 of
the Sexual Assault Prevention Act of 1993,’’.
Subtitle B—Rules of Evidence, Practice, and Procedure
SEC. 
121. 
ADMISSIBILITY 
OF 
EVIDENCE 
OF 
SIMILAR
CRIMES IN SEX OFFENSE CASES.
The Federal Rules of Evidence are amended by add-
ing after Rule 412 the following new rules:
‘‘Rule 413. Evidence of Similar Crimes in Sexual As-
sault Cases
‘‘(a) In a criminal case in which the defendant is ac-
cused of an offense of sexual assault, evidence of the de-
fendant’s commission of another offense or offenses of sex-
ual assault is admissible, and may be considered for its
bearing on any matter to which it is relevant.
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‘‘(b) In a case in which the government intends to
offer evidence under this Rule, the attorney for the govern-
ment shall disclose the evidence to the defendant, includ-
ing statements of witnesses or a summary of the substance
of any testimony that is expected to be offered, at least
fifteen days before the scheduled date of trial or at such
later time as the court may allow for good cause.
‘‘(c) This Rule shall not be construed to limit the ad-
mission or consideration of evidence under any other Rule.
‘‘(d) For purposes of this Rule and Rule 415, ‘‘of-
fense of sexual assault’’ means a crime under Federal law
or the law of a State (as defined in section 513 of title
18, United States Code) that involved—
‘‘(1) any conduct proscribed by chapter 109A of
title 18, United States Code;
‘‘(2) contact, without consent, between any part
of the defendant’s body or an object and the genitals
or anus of another person;
‘‘(3) contact, without consent, between the geni-
tals or anus of the defendant and any part of an-
other person’s body;
‘‘(4) deriving sexual pleasure or gratification
from the infliction of death, bodily injury, or phys-
ical pain on another person; or
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‘‘(5) an attempt or conspiracy to engage in con-
duct described in paragraphs (1)–(4).
‘‘Rule 414. Evidence of Similar Crimes in Child Mo-
lestation Cases
‘‘(a) In a criminal case in which the defendant is ac-
cused of an offense of child molestation, evidence of the
defendant’s commission of another offense or offenses of
child molestation is admissible, and may be considered for
its bearing on any matter to which it is relevant.
‘‘(b) In a case in which the government intends to
offer evidence under this Rule, the attorney for the govern-
ment shall disclose the evidence to the defendant, includ-
ing statements of witnesses or a summary of the substance
of any testimony that is expected to be offered, at least
fifteen days before the scheduled date of trial or at such
later time as the court may allow for good cause.
‘‘(c) This Rule shall not be construed to limit the ad-
mission or consideration of evidence under any other Rule.
‘‘(d) For purposes of this Rule and Rule 415, ‘‘child’’
means a person below the age of fourteen, and ‘‘offense
of child molestation’’ means a crime under Federal law
or the law of a State (as defined in section 513 of title
18, United States Code) that involved—
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‘‘(1) any conduct proscribed by chapter 109A of
title 18, United States Code, that was committed in
relation to a child;
‘‘(2) any conduct proscribed by chapter 110 of
title 18, United States Code;
‘‘(3) contact between any part of the defend-
ant’s body or an object and the genitals or anus of
a child;
‘‘(4) contact between the genitals or anus of the
defendant and any part of the body of a child;
‘‘(5) deriving sexual pleasure or gratification
from the infliction of death, bodily injury, or phys-
ical pain on a child; or
‘‘(6) an attempt or conspiracy to engage in con-
duct described in paragraphs (1)–(5).
‘‘Rule 415. Evidence of Similar Acts in Civil Cases
Concerning Sexual Assault or Child Mo-
lestation
‘‘(a) In a civil case in which a claim for damages or
other relief is predicated on a party’s alleged commission
of conduct constituting an offense of sexual assault or
child molestation, evidence of that party’s commission of
another offense or offenses of sexual assault or child mo-
lestation is admissible and may be considered as provided
in Rule 413 and Rule 414 of these Rules.
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‘‘(b) A party who intends to offer evidence under this
Rule shall disclose the evidence to the party against whom
it will be offered, including statements of witnesses or a
summary of the substance of any testimony that is ex-
pected to be offered, at least 15 days before the scheduled
date of trial or at such later time as the court may allow
for good cause.
‘‘(c) This Rule shall not be construed to limit the ad-
mission or consideration of evidence under any other
Rule.’’
SEC. 122. EXTENSION AND STRENGTHENING OF RAPE VIC-
TIM SHIELD LAW.
(a) AMENDMENTS TO RAPE VICTIM SHIELD LAW.—
Rule 412 of the Federal Rules of Evidence is amended—
(1) in subdivisions (a) and (b), by striking
‘‘criminal case’’ and inserting ‘‘criminal or civil
case’’;
(2) in subdivisions (a) and (b), by striking ‘‘an
offense under chapter 109A of title 18, United
States Code,’’ and inserting ‘‘an offense or civil
wrong involving conduct proscribed by chapter 109A
of title 18, United States Code, whether or not the
conduct occurred in the special maritime and terri-
torial jurisdiction of the United States or in a Fed-
eral prison,’’;
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(3) in subdivision (a), by striking ‘‘victim of
such offense’’ and inserting ‘‘victim of such con-
duct’’;
(4) in subdivision (c)—
(A) by striking in paragraph (1) ‘‘the per-
son accused of committing an offense under
chapter 109A of title 18, United States Code’’
and inserting ‘‘the accused’’; and
(B) by inserting at the end of paragraph
(3) the following: ‘‘An order admitting evidence
under this paragraph shall explain the reason-
ing leading to the finding of relevance, and the
basis of the finding that the probative value of
the evidence outweighs the danger of unfair
prejudice notwithstanding the potential of the
evidence to humiliate and embarrass the alleged
victim and to result in unfair or biased infer-
ences.’’; and
(5) in subdivision (d), by striking ‘‘an offense
under chapter 109A of title 18, United States Code’’
and inserting ‘‘the conduct proscribed by chapter
109A of title 18, United States Code,’’.
(b) INTERLOCUTORY APPEAL.—Section 3731 of title
18, United States Code, is amended by inserting after the
second paragraph the following:
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‘‘An appeal by the United States before trial shall
lie to a court of appeals from an order of a district court
admitting evidence of an alleged victim’s past sexual be-
havior in a criminal case in which the defendant is charged
with an offense involving conduct proscribed by chapter
109A of title 18, United States Code, whether or not the
conduct occurred in the special maritime and territorial
jurisdiction of the United States or in a Federal prison.’’.
SEC. 123. INADMISSIBILITY OF EVIDENCE TO SHOW PROVO-
CATION OR INVITATION BY VICTIM IN SEX
OFFENSE CASES.
The Federal Rules of Evidence are amended by add-
ing after Rule 415 (as added by section 121 of this Act)
the following:
‘‘Rule 416. Inadmissibility of evidence to show invita-
tion 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, whether or not the conduct
occurred in the special maritime and territorial jurisdic-
tion of the United States or in a Federal prison, evidence
is not admissible to show that the alleged victim invited
or provoked the commission of the offense. This Rule does
not limit the admission of evidence of consent by the al-
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leged victim if the issue of consent is relevant to liability
and the evidence is otherwise admissible under these
Rules.’’.
SEC. 124. RIGHT OF THE VICTIM TO FAIR TREATMENT IN
LEGAL PROCEEDINGS.
The following rules, to be known as the Rules of Pro-
fessional Conduct for Lawyers in Federal Practice, are en-
acted as an appendix to title 28, United State Code:
‘‘RULES OF PROFESSIONAL CONDUCT FOR
LAWYERS IN FEDERAL PRACTICE
Rule
‘‘1. Scope.
‘‘2. Abuse of Victims and Others Prohibited.
‘‘3. Duty of Enquiry in Relation to Client.
‘‘4. Duty to Expedite Litigation.
‘‘5. Duty to Prevent Commission of Crime.
‘‘Rule 1. Scope.
‘‘(a) These rules apply to the conduct of lawyers in
their representation of clients in relation to proceedings
and potential proceedings before Federal tribunals.
‘‘(b) For purposes of these rules, ‘Federal tribunal’
and ‘tribunal’ mean a court of the United States or an
agency of the federal government that carries out adju-
dicatory or quasi-adjudicatory functions.
‘‘Rule 2. Abuse of Victims and Others Prohibited
‘‘(a) A lawyer shall not engage in any action or course
of conduct for the purpose of increasing the expense of
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litigation for any person, other than a liability under an
order or judgment of a tribunal.
‘‘(b) A lawyer shall not engage in any action or course
of conduct that has no substantial purpose other than to
distress, harass, embarrass, burden, or inconvenience an-
other person.
‘‘(c) A lawyer shall not offer evidence that the lawyer
knows to be false or attempt to discredit evidence that the
lawyer knows to be true.
‘‘Rule 3. Duty of Enquiry in Relation to Client
‘‘A lawyer shall attempt to elicit from the client a
truthful account of the material facts concerning the mat-
ters in issue. In representing a client charged with a crime
or civil wrong, the duty of enquiry under this rule in-
cludes—
‘‘(1) attempting to elicit from the client a mate-
rially complete account of the alleged criminal activ-
ity or civil wrong if the client acknowledges involve-
ment in the alleged activity or wrong; and
‘‘(2) attempting to elicit from the client the ma-
terial facts relevant to a defense of alibi if the client
denies such involvement.
‘‘Rule 4. Duty to Expedite Litigation
‘‘(a) A lawyer shall seek to bring about the expedi-
tious conduct and conclusion of litigation.
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‘‘(c) For purposes of this rule, ‘crime’ means a crime
under the law of the United States or the law of a State,
and ‘unlawful act’ means an act in violation of the law
of the United States or the law of a State.’’.
SEC. 125. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.
Rule 24(b) of the Federal Rules of Criminal Proce-
dure is amended by striking ‘‘the Government is entitled
to 6 peremptory challenges and the defendant or defend-
ants jointly to 10 peremptory challenges’’ and inserting
‘‘each side is entitled to 6 peremptory challenges’’.
SEC. 126. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.
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:
‘‘(D) if sentence is to be imposed for a crime
of violence or sexual abuse, address the victim per-
sonally 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 rela-
tion to the sentence.’’;
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(4) in the penultimate sentence of subdivision
(a)(1) by striking ‘‘equivalent opportunity’’ and in-
serting ‘‘opportunity equivalent to that of the de-
fendant’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—
‘‘(1) ‘crime of violence or sexual abuse’ means
a crime that involved the use or attempted or threat-
ened use of physical force against the person or
property of another, or a crime under chapter 109A
of title 18, United States Code; and
‘‘(2) ‘victim’ means an individual 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 if the vic-
tim is below the age of 18 years or incompetent;
or
‘‘(B) one or more family members or rel-
atives designated by the court if the victim is
deceased or incapacitated,
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if such person or persons are present at the sentenc-
ing hearing, regardless of whether the victim is
present.
SEC. 127. VICTIM’S RIGHT OF PRIVACY.
(a) FINDINGS.—The Congress finds that—
(1) the crime of rape is underreported to law
enforcement authorities because of its traumatic ef-
fect on victims and the stigmatizing nature of the
crime;
(2) rape victims may be further victimized by
involuntary public disclosure of their identities;
(3) rape victims should be encouraged to come
forward and report the crime without fear of being
revictimized through involuntary public disclosure of
their identities; and
(4) any interest of the public in knowing the
identity of a rape victim notwithstanding the vic-
tim’s wishes to the contrary is outweighed by the in-
terest of protecting the privacy of rape victims and
encouraging rape victims to report the crime and as-
sist in prosecution.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that news media, law enforcement personnel, and
other persons should exercise restraint and respect a rape
victim’s privacy by not disclosing the victim’s identity to
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the general public or facilitating such disclosure without
the consent of the victim.
Subtitle C—Safe Campuses
SEC. 131. 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 in-
stitutional 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
including 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-
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;
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(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
allegations 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
educational institutions in addressing campus sexual
assaults and protecting victims, including consider-
ation 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
student activities and student living arrange-
ments, control over the consumption of alcohol
by students, lighting, and the availability of es-
cort services;
(B) the articulation and communication to
students of the institution’s policies concerning
sexual assaults;
(C) policies and practices that may prevent
or discourage the reporting of campus sexual
assaults to local criminal authorities, or that
may otherwise obstruct justice or interfere with
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the prosecution of perpetrators of campus sex-
ual 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 al-
leged assailants, and disciplinary sanctions that
are imposed when a sexual assault is deter-
mined to have occurred; and
(G) the grounds on which educational in-
stitutions are subject to lawsuits based on cam-
pus sexual assaults, the resolution of these
cases, and measures that can be taken to avoid
the likelihood of lawsuits and civil liability;
(6) an assessment of the policies and practices
of educational institutions that are of greatest effec-
tiveness in addressing campus sexual assaults and
protecting victims, including policies and practices
relating to the particular issues described in para-
graph (5); and
(7) any recommendations the Attorney General
may have for reforms to address campus sexual as-
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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,
‘‘campus sexual assaults’’ includes sexual assaults occur-
ring 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.
Subtitle D—Assistance to States and Localities
SEC. 141. SEXUAL VIOLENCE GRANT PROGRAM.
(a) PURPOSE.—The purpose of this section is to
strengthen and improve State and local efforts to prevent
and punish sexual violence, and to assist and protect the
victims of sexual violence.
(b) AUTHORIZATION
OF GRANTS.—The Attorney
General, through the Bureau of Justice Assistance, the
Office for Victims of Crime, and the Bureau of Justice
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(7) registration systems which require persons
convicted of sexual violence to keep law enforcement
authorities informed of their addresses or locations;
(8) security measures in parks, public transpor-
tation systems, public buildings and facilities, and
other public places which reduce the risk that acts
of sexual violence will occur in such places;
(9) programs addressing campus sexual as-
saults, as defined in section 131 of this Act;
(10) programs assisting runaway and homeless
children or other persons who have been subjected to
or are at risk of sexual violence or sexual exploi-
tation, including sexual exploitation through pros-
titution or in the production of pornography;
(11) training programs for judges and court
personnel in relation to cases involving sexual vio-
lence; and
(12) treatment programs in a correctional set-
ting for offenders who engage in sexual violence,
which may include aftercare components, and which
shall include an evaluation component to determine
the effectiveness of the treatment in reducing recidi-
vism.
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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) 0.25 percent shall be set aside for each par-
ticipating 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
private agencies to further the purposes and objectives set
forth in subsections (a) and (b).
(e) APPLICATION FOR FORMULA GRANTS.—To re-
quest a grant under subsection (c), the chief executive offi-
cer of a State must, in each fiscal year, submit to the
Attorney General a plan for addressing sexual violence 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;
(2) certification that any requirement of State
law for review by the State legislature or a des-
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ignated body, and any requirement of State law for
public notice and comment concerning the proposed
plan, has 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 sub-
section (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 of 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 four 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.
(4) PAYMENT OF COST OF FORENSIC MEDICAL
EXAMINATIONS.—It is a condition of eligibility for
grants under subsection (c) that a State pay the cost
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of forensic medical examinations for victims of sex-
ual violence.
(5) POLICIES
AGAINST
CAMPUS
SEXUAL
AS-
SAULTS.—For an institution of postsecondary edu-
cation seeking a grant under subsection (d), it is a
condition of eligibility that the institution articulate
and communicate to its students a clear policy that
sexual violence will not be tolerated by the institu-
tion.
(g) EVALUATION.—The National Institute of Justice
shall have the authority to carry out evaluations of pro-
grams funded under this section. The recipient of any
grant under this section may be required to include an
evaluation component to determine the effectiveness of the
project or program funded that is consistent with guide-
lines issued by the National Institute of Justice.
(h) COORDINATION.—The Attorney General may uti-
lize the Office of Justice Programs to coordinate the ad-
ministration of grants under this section. The coordination
of grants under this section shall include prescribing con-
sistent program requirements for grantees, allocating
functions and the administration of particular grants
among the components that participate in the administra-
tion of the program under this section, coordinating the
program under this section with the Domestic Violence
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and Family Support Grant Program established by section
208 of this Act, and coordinating the program under this
section with other grant programs administered by compo-
nents of the Department of Justice.
(i) DEFINITION.—For purposes of this section, ‘‘sex-
ual violence’’ includes nonconsensual sex offenses and sex
offenses involving victims who are not able to give legally
effective consent because of age or incompetency.
(j) REPORT.—The Attorney General shall submit an
annual report to Congress concerning the operation and
effectiveness of the program under this section.
(k) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated, in each of fiscal years
1994, 1995, and 1996, $250,000,000 to carry out this
section, and such sums as may be necessary in each fiscal
year thereafter.
SEC. 142. SUPPLEMENTARY GRANTS FOR STATES ADOPT-
ING EFFECTIVE LAWS RELATING TO SEXUAL
VIOLENCE.
(a) SUPPLEMENTARY GRANTS.—The Attorney Gen-
eral may, in each fiscal year, authorize the award to a
State of an aggregate amount of up to $1 million under
the Sexual Violence Grant Program established by section
141 of this Act, in addition to any funds that are other-
wise authorized under that program. The authority to
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award additional funding under this section is conditional
on certification by the Attorney General that the State has
laws relating to sexual violence that exceed or are reason-
ably comparable to the provisions of Federal law (includ-
ing changes in Federal law adopted by this Act) in the
following areas:
(1) Authorization of pretrial detention of de-
fendants in sexual assault cases where prevention of
flight or the safety of others cannot be reasonably
assured by other means, and denial of release pend-
ing appeal for persons convicted of sexual assault of-
fenses who have been sentenced to imprisonment.
(2) Authorization of severe penalties for sexual
assault offenses.
(3) 
Pretrial 
testing 
for 
the 
human
immunodeficiency virus of persons charged with sex-
ual assault offenses, with disclosure of test results to
the victim.
(4) Payment of the cost of medical examina-
tions and the cost of testing for the human
immunodeficiency virus for victims of sexual as-
saults.
(5) According the victim of a sexual assault the
right to be present at judicial proceedings in the
case.
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(6) Protection of victims from injury into unre-
lated sexual behavior in sexual assault cases.
(7) Rules of professional conduct for lawyers
that protect victims from unwarranted cross-exam-
ination and impeachment, dilatory tactics, and other
abuses in sexual assault cases.
(8) Authorization of admission and consider-
ation in sexual assault cases of evidence that the de-
fendant has committed sexual assaults on other oc-
casions.
(9) Authorization of the victim in sexual assault
cases to address the court concerning the sentence
to be imposed.
(10) Authorization of the award of restitution
to victims of sexual assaults as part of a criminal
sentence.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated in each fiscal year such
sums as may be necessary to carry out this section.
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TITLE II—DOMESTIC VIOLENCE, STALKING,
AND OFFENSES AGAINST THE FAMILY
SEC. 201. INTERSTATE TRAVEL TO COMMIT SPOUSE ABUSE
OR TO VIOLATE PROTECTIVE ORDER; INTER-
STATE STALKING.
(a) OFFENSE.—Part 1 of title 18, United States
Code, is amended by inserting after chapter 110 the fol-
lowing:
‘‘CHAPTER 110A—DOMESTIC VIOLENCE AND
STALKING
‘‘Sec.
‘‘2261. Domestic violence and stalking.
§ 2261. Domestic violence stalking
‘‘(a) OFFENSE.—Whoever causes or attempts to
cause bodily injury to, engages in sexual abuse against,
or violates a protective order in relation to, another shall
be punished—
‘‘(1) if death results, by death or by imprison-
ment for any term of years or for life;
‘‘(2) if permanent disfigurement or life-threat-
ening bodily injury results, by imprisonment for not
more than 20 years;
‘‘(3) if serious bodily injury results, or if a fire-
arm, knife, or other dangerous weapon is possessed,
carried, or used during the commission of the of-
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fense, by imprisonment for not more than 10 years;
and
‘‘(4) in any other case, by imprisonment for not
more than five years.
If, however, the defendant engages in sexual abuse and
the penalty authorized for such conduct under chapter
109A exceeds the penalty which would otherwise be au-
thorized under this subsection, then the penalty authorized
for such conduct under chapter 109A shall apply.
‘‘(b) MANDATORY PENALTIES.—A sentence under
this section shall include at least 3 months of imprison-
ment if the offense involves the infliction of bodily injury
on or the commission of sexual abuse against the victim.
A sentence under this section shall include at least 6
months of imprisonment if the offense involves the viola-
tion of a protective order and the defendant has previously
violated a protective order in relation to the same victim.
‘‘(c) JURISDICTION.—There is Federal jurisdiction to
prosecute an offense under this section if the defendant
traveled in interstate or foreign commerce, or transported
or caused another to move in interstate or foreign com-
merce, with the intention of committing or in furtherance
of committing the offense, and—
‘‘(1) the victim was a spouse or former spouse
of the defendant, was cohabiting with or had
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cohabited with the defendant, or had a child in com-
mon with the defendant; or
‘‘(2) the defendant on two or more occasions—
‘‘(A) has caused or attempted or threat-
ened to cause death or serious bodily injury to
or engaged in sexual abuse in relation to the
victim; or
‘‘(B) has engaged in any conduct that
caused or was intended to cause apprehension
by the victim that the victim would be subjected
to death, serious bodily injury, or sexual abuse.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) ‘protective order’ means an order issued by
a court of a State prohibiting or limiting violence
against, harassment of, contact or communication
with, or physical proximity to another person;
‘‘(2) ‘sexual abuse’ means any conduct pro-
scribed by chapter 109A of this title, whether or not
the conduct occurs in the special maritime and terri-
torial jurisdiction of the United States or in a Fed-
eral prison;
‘‘(3) ‘serious bodily injury’ and ‘bodily injury’
have the meanings given in section 1365(g); and
‘‘(4) ‘State’ has the meaning given in section
513(c)(5).’’.
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(b) CLERICAL AMENDMENT.—The analysis for part
1 of title 18, United States Code, is amended by inserting
after the item for chapter 110 the following:
‘‘110A. Domestic violence and stalking ..................................... 2261’’.
(c) MANDATORY RESTITUTION.—Section 3663 of
title 18, United States Code, as amended by section 109
of this Act, is further amended by striking ‘‘or chapter
110’’ and inserting ‘‘, chapter 110, or section 2261’’ in
each of subsection (b)(2) and subsection (d).
(d) INTERIM PROTECTION.—Section 3156(a)(4)(C)
of title 18, United States Code, as added by section 101
of this Act, is amended by striking ‘‘or chapter 110’’ and
inserting ‘‘, chapter 110, or section 2261’’.
(e) DEATH PENALTY PROCEDURES.—Section 1118
of title 18, United States Code, as enacted by section 102
of this Act, is amended in paragraph (1) of subsection (e)
by inserting ‘‘or section 2261’’ after ‘‘117’’.
SEC. 202. FULL FAITH AND CREDIT FOR PROTECTIVE OR-
DERS.
(a) REQUIREMENT OF FULL FAITH AND CREDIT.—
Chapter 110A of title 18, United States Code, as enacted
by section 201, is amended by adding at the end the fol-
lowing:
‘‘§ 2262. Full Faith and Credit for Protective Orders
‘‘(a) A protective order issued by a court of a State
shall have the same full faith and credit in a court in an-
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other State that it would have in a court of the State in
which issued, and shall be enforced by the courts of any
State as if it were issued in that State.
‘‘(b) For purposes of this section—
‘‘(1) ‘protective order’ means an order prohibit-
ing or limiting violence against, harassment of, con-
tact or communication with, or physical proximity to
another person; and
‘‘(2) ‘State’ has the meaning given in section
513(c)(5).’’.
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 110A of title 18, United States Code, as enacted by
section 201, is amended by inserting at the end the follow-
ing:
‘‘§ 2262. Full Faith and Credit for Protective Orders.’’.
SEC. 203. NON-COMPLIANCE WITH CHILD SUPPORT OBLI-
GATIONS IN INTERSTATE CASES.
Chapter 11A of title 18, United States Code, is
amended to read as follows:
‘‘CHAPTER 11A—CHILD SUPPORT
‘‘Sec.
‘‘228. Non-compliance with child support obligations.
‘‘§ 228. Non-compliance with child support obliga-
tions.
‘‘(a) OFFENSE.—Whoever—
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‘‘(1) leaves or remains outside a State with in-
tent to avoid payment of a child support obligation;
or
‘‘(2) fails to pay a major child support obliga-
tion, as defined in subsection (e), with respect to a
child who resides in another State, despite having
the financial resources to pay the obligation or the
ability to acquire such resources through reasonable
diligence;
shall be punished as provided in subsection (c).
‘‘(b) PRESUMPTION.—In relation to an offense
charged under paragraph (1) of subsection (a), the ab-
sence of the defendant from the State for an aggregate
period of 6 months without payment of the child support
obligation shall create a rebuttable presumption that the
intent existed to avoid payment of the obligation.
‘‘(c) PENALTY.—A person convicted of an offense
under this section shall be punished by imprisonment for
up to 6 months, and on a second or subsequent conviction,
by imprisonment for up to two years.
‘‘(d) RESTITUTION.—In addition to any restitution
that may be ordered pursuant to section 3663, a sentence
for an offense under this section shall include an order
of restitution in an amount equal to the past due support
obligation as it exists at the time of sentencing. Sub-
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sections (e)–(i) of section 3663 shall apply to an order
of restitution pursuant to this subsection.
‘‘(e) DEFINITIONS.—For purposes of this section—
‘‘(1) ‘child support obligation’ means an
amount determined under a court order or an order
of an administrative process pursuant to the law of
a State to be due from a person for the support of
a child or of a child and the parent with whom the
child is living;
‘‘(2) ‘major child support obligation’ means a
child support obligation that has remained unpaid
for a period exceeding one year, or that is greater
than $5,000;
‘‘(3) ‘past due support obligation’ means a child
support obligation that is unpaid at the time of sen-
tencing for an offense under this section; and
‘‘(4) ‘State’ has the meaning given in section
513(c)(5).’’.
SEC. 204. PRESUMPTION AGAINST CHILD CUSTODY FOR
SPOUSE ABUSERS.
(a) The Congress finds that—
(1) courts fail to recognize the detrimental ef-
fects of having as a custodial parent an individual
who physically abuses his or her spouse, insofar as
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they do not hear or weigh evidence of domestic vio-
lence in child custody litigation;
(2) joint custody forced upon hostile parents
can create a damaging psychological environment for
a child;
(3) physical abuse of a spouse is relevant to the
likelihood of child abuse in child custody disputes;
(4) the effects on children of physical abuse of
a spouse include—
(A) traumatization and psychological dam-
age to children resulting from observation of
the abuse and the climate of violence and fear
existing in a home where abuse takes place;
(B) the risk that children may become tar-
gets of physical abuse when they attempt to in-
tervene on behalf of an abused parent; and
(C) the negative effects on children of ex-
posure to an inappropriate role model, in that
witnessing an aggressive parent may commu-
nicate to children that violence is an acceptable
means of dealing with others; and
(5) the harm to children from spouse abuse
may be compounded by award of exclusive or joint
custody to an abuser because further abuse may
occur when the abused spouse is forced to have con-
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tact with the abuser as a result of the custody ar-
rangement, and because the child or children may be
exposed to abuse committed by the abuser against a
subsequent spouse or partner.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that, for purposes of determining child custody,
evidence establishing that a parent engages in physical
abuse of a spouse should create a statutory presumption
that it is detrimental to the child to be placed in the cus-
tody of the abusive spouse.
SEC. 205. 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 psycho-
logical condition and on its effect in criminal trials. The
Attorney General 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 condi-
tion;
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(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. 206. REPORT ON CONFIDENTIALITY OF ADDRESSES
FOR VICTIMS OF DOMESTIC VIOLENCE.
(a) The Attorney General shall conduct a study of
the means by which abusive spouses may obtain informa-
tion concerning the addresses or locations of estranged or
former spouses, notwithstanding the desire of the victims
to have such information withheld to avoid further expo-
sure 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 address-
es or locations of abused spouses may be obtained
by abusers; and
(2) analysis of the feasibility of creating effec-
tive means of protecting the confidentiality of infor-
mation concerning the addresses and locations of
abused spouses to protect such persons from expo-
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sure to further abuse while preserving access to such
information for legitimate purposes.
(b) The Attorney General may utilize the National
Institute of Justice and the Office for Victims of Crime
in carrying out this section.
SEC. 207. 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 rec-
ommendations on, problems of recordkeeping of criminal
complaints involving domestic violence. The study and re-
port shall examine—
(1) the efforts that have been made by the De-
partment of Justice, including the Federal Bureau
of Investigation, to collect statistics on domestic vio-
lence; 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. 208. 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
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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 Attorney
General, through the Bureau of Justice Assistance, the
Office for Victims of Crime, and the Bureau of Justice
Statistics, may make grants to support projects and pro-
grams 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 con-
cerning the investigation and prosecution of domes-
tic violence;
(2) law enforcement and prosecutorial units and
teams that target domestic violence;
(3) model, innovative, and demonstration law
enforcement programs relating to domestic violence
that involve proarrest 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;
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(6) victim services programs for victims of do-
mestic violence;
(7) shelters that provide services for victims of
domestic violence and related programs;
(8) educational and informational programs re-
lating to domestic violence;
(9) resource centers providing information,
technical assistance, and training to domestic vio-
lence service providers, agencies, and programs;
(10) coalitions of domestic violence service pro-
viders, agencies, and programs;
(11) training programs for judges and court
personnel in relation to cases involving domestic vio-
lence; and
(12) enforcement of child support obligations,
including cooperative efforts and arrangements of
States to improve enforcement in cases involving
interstate elements.
(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) 0.25 percent shall be set aside for each par-
ticipating State; and
(2) the remainder shall be allocated to the par-
ticipating States in proportion to their populations;
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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
private agencies to further the purposes and objectives set
forth in subsections (a) and (b).
(e) APPLICATION FOR FORMULA GRANTS.—To re-
quest a grant under subsection (c), the chief executive offi-
cer of a State must, in each fiscal year, submit to the
Attorney General a plan for addressing domestic violence
and other criminal and unlawful acts that particularly af-
fect 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 in-
clude—
(1) certification that the Federal funding pro-
vided will be used to supplement and not supplant
State and local funds;
(2) certification that any requirement of State
law for review by the State legislature or a des-
ignated body, and any requirement of State law for
public notice and comment concerning the proposed
plan, has been satisfied; and
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(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 sub-
section (c) may be for up to 50 percent of the overall
cost of a project or program funded. Discretionary
grants under subsection (d) may for up to 100 per-
cent of the overall cost of a project or program fund-
ed.
(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 four 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 National Institute of Justice
shall have the authority to carry out evaluations of pro-
grams funded under this section. The recipient of any
grant under this section may be required to include an
evaluation component to determine the effectiveness of the
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project or program funded that is consistent with guide-
lines issued by the National Institute of Justice.
(h) COORDINATION.—The Attorney General may uti-
lize the Office of Justice Programs to coordinate the ad-
ministration of grants under this section. The coordination
of grants under this section shall include prescribing con-
sistent program requirements for grantees, allocating
functions and the administration of particular grants
among the components that participate in the administra-
tion of the program under this section, coordinating the
program under this section with the Sexual Violence Grant
Program established by section 141 of this Act, and co-
ordinating the program under this section with other
grant programs administered by components of the De-
partment of Justice.
(i) DEFINITION.—For purposes of this section, ‘‘do-
mestic violence’’ includes any act of criminal violence in
which the offender and the victim are members of the
same household or relatives, or in which the offender and
the victim are present or former spouses or cohabitors or
have a child in common.
(j) REPORT.—The Attorney General shall submit an
annual report to Congress concerning the operation and
effectiveness of the program under this section.
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(k) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated, in each of fiscal years
1994, 1995, and 1996, $250,000,000 to carry out this
section, and such sums as may be necessary in each fiscal
year thereafter.
TITLE III—NATIONAL TASK FORCE ON
VIOLENCE AGAINST WOMEN
SEC. 301. ESTABLISHMENT.
Not later than 30 days after the date of enactment
of this Act, the Attorney General shall establish a task
force to be known as the ‘‘National Task Force on Vio-
lence Against Women’’ (referred to in this title as the
‘‘task force’’).
SEC. 302. DUTIES OF TASK FORCE.
(a) GENERAL PURPOSE OF TASK FORCE.—The task
force shall recommend Federal, State, and local strategies
aimed at protecting women against violent crime, punish-
ing persons who commit such crimes, and enhancing the
rights of victims of such crimes.
(b) DUTIES OF TASK FORCE.—The task force shall
perform such functions as the Attorney General deems ap-
propriate to carry out the purposes of the task force, in-
cluding—
(1) considering the reports and recommenda-
tions of past Federal and State studies of violent
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crime, family violence, and the treatment of crime
victims, including the Report of the Attorney Gen-
eral to the President on Combating Violent Crime
(1992), the Report of the Attorney General’s Task
Force on Family Violence (1984), the Report of the
President’s Task Force on Victims of Crime (1982),
and the reports and recommendations of the task
forces and commissions established by the States of
Alabama, Alaska, Arkansas, Hawaii, Idaho, Indiana,
Kansas, Louisiana, Michigan, Minnesota, Nebraska,
New Mexico, New York, North Carolina, Rhode Is-
land, Virginia, Texas, and Wyoming;
(2) developing strategies for Federal, State, and
local law enforcement designed to protect women
against violent crime, and to prosecute and punish
those responsible for such crime;
(3) evaluating the adequacy of rules of evi-
dence, practice, and procedure to ensure the effective
prosecution and conviction of violent offenders
against women and to protect victims from abuse in
legal proceedings, and making recommendations for
the improvement of such rules;
(4) evaluating the adequacy of pretrial release,
sentencing, incarceration, and postconviction release
in relation to violent offenders against women, and
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making recommendations designed to ensure that
such offenders are restrained from causing further
harm to the victim and others and receive appro-
priate punishment, including means of ensuring that
the efficacy of criminal sanctions will not be under-
mined by parole or other early release mechanisms;
(5) assessing the issuance, formulation, and en-
forcement of protective orders, whether or not relat-
ed to a criminal proceeding, and making rec-
ommendations for the effective use of such orders to
protect women from violence;
(6) assessing the problem of stalking and per-
sistent menacing of women, and recommending ef-
fective means of response to the problem;
(7) assessing the problem of sexual exploitation
of women and youths through prostitution and in
the production of pornography, and recommending
effective means of response to the problem; and
(8) generally evaluating the treatment of
women as victims of violent crime in the criminal
justice system, and making recommendations de-
signed to improve such treatment.
SEC. 303. MEMBERSHIP.
(a) IN GENERAL.—The task force shall consist of up
to 10 members, who shall be appointed by the Attorney
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General not later than 60 days after the date of enactment
of this Act. The Attorney General shall ensure that the
task force includes representatives of State and local law
enforcement, the State and local judiciary, and groups
dedicated to protecting the rights of victims.
(b) CHAIRMAN.—The Attorney General or the Attor-
ney General’s designee shall serve as chairman of the task
force.
SEC. 304. PAY.
(A) NO ADDITIONAL COMPENSATION.—Members of
the task force who are officers or employees of a govern-
mental agency shall receive no additional compensation by
reason of their service on the task force.
(b) PER DIEM.—While away from their homes or reg-
ular places of business in the performance of duties for
the task force, members of the task force shall be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under sec-
tions 5702 and 5703 of title 5, United States Code.
SEC. 305. EXECUTIVE DIRECTOR AND STAFF.
(a) EXECUTIVE DIRECTOR.—
(1) APPOINTMENT.—The task force shall have
an Executive Director who shall be appointed by the
Attorney General not later than 30 days after the
task force is fully constituted under section 303.
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(2) COMPENSATION.—The Executive Director
shall be compensated at a rate of not to exceed the
maximum rate of the basic pay payable under GS–
18 of the General Schedule as contained in title 5,
United States Code.
(b) STAFF.—With the approval of the task force, the
Executive Director may appoint and fix the compensation
of such additional personnel as the Executive Director
considers necessary to carry out the duties of the task
force.
(c) APPLICABILITY OF CIVIL SERVICE LAWS.—The
Executive Director and the additional personnel of the
task force appointed under subsection (b) may be ap-
pointed 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 task force, the Executive Director may
procure temporary intermittent services under section
3109(b) of title 5, United States Code, at rates for individ-
uals not to exceed $200 per day.
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SEC. 306. POWERS OF TASK FORCE.
(a) HEARINGS.—For the purpose of carrying out this
title, the task force may conduct such hearings, sit and
act at such times and places, take such testimony, and
receive such evidence, as the task force considers appro-
priate. The task force may administer oaths before the
task force.
(b) DELEGATION.—Any member or employee of the
task force may, if authorized by the task force, take any
action that the task force is authorized to take under this
title.
(c) ACCESS TO INFORMATION.—The task force may
secure directly from any executive department or agency
such information as may be necessary to enable the task
force to carry out this title, to the extent access to such
information is permitted by law. On request of the Attor-
ney General, the head of such a department or agency
shall furnish such permitted information to the task force.
(d) MAIL.—The task force may use the United States
mails in the same manner and under the same conditions
as other departments and agencies of the United States.
SEC. 307. REPORT.
Not later than 1 years after the date on which the
task force is fully constituted under section 303, the Attor-
ney General shall submit a detailed report to the Congress
on the findings and recommendations of the task force.
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SEC. 308. AUTHORIZATION OF APPROPRIATION.
There is authorized to be appropriated for fiscal year
1994, $500,000 to carry out the purposes of this title.
SEC. 309. TERMINATION.
The task force shall cease to exist 30 days after the
date on which the Attorney General’s report is submitted
under section 307. The Attorney General may extend the
life of the task force for a period of not to exceed one
year.
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