(c) REPORT.—The Attorney General shall ensure
that no later than 1 year after the date of enactment of
this Act, a report of the directives in subsection (a) is sub-
mitted to Congress.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$200,000 for fiscal year 1999.
Subtitle C—Prevention of Custo-
dial Sexual Assault by Correc-
tional Staff
SEC. 331. SHORT TITLE.
This subtitle may be cited as the ‘‘Prevention of Cus-
todial Sexual Assault by Correctional Staff Act’’.
SEC. 332. FINDINGS.
Congress finds the following:
(1) According to an extensive 1996 report by
the Women’s Rights Project of Human Rights
Watch, sexual abuse of women prisoners by correc-
tional officers is a serious problem in our Nation’s
prisons, jails, and correctional facilities.
(2) Custodial sexual assault of women by cor-
rectional officers includes documented incidents of
vaginal, oral, and anal rape.
(3) Because correctional officers wield near ab-
solute power over female prisoners, officers may
abuse that power to sexually assault and abuse fe-
male prisoners, as well as engage in constant grop-
ing, harassment, and other abuse.
SEC. 333. ESTABLISHMENT OF PREVENTION PROGRAM.
(a) PROGRAM GUIDELINES.—
(1) IN GENERAL.—The Attorney General shall
establish guidelines for States and disseminate such
information to the States regarding the prevention
of custodial sexual misconduct by correctional staff.
(2) REQUIREMENTS.—Such guidelines shall in-
clude requirements that—
(A) prohibit a State department of correc-
tions from hiring correctional staff who have
been convicted on criminal charges, or found
liable in civil suits, for custodial sexual mis-
conduct; and
(B) each State department of corrections
maintain databases, including the names and
identifying information of individuals who have
been convicted on criminal charges or found lia-
ble in civil suits for custodial sexual misconduct
and to check these databases prior to hiring
any correctional staff.
(3) NATIONAL
DATABASE.—This information
shall also be submitted to the Department of Justice
where it will be maintained and updated on a na-
tional database.
(b) RELEASE OF INFORMATION.—The information
collected under subsection (a)(2) shall be treated as pri-
vate data except that—
(1) such information may be disclosed to law
enforcement agencies for law enforcement purposes;
(2) such information may be disclosed to gov-
ernment agencies conducting confidential back-
ground checks; and
(3) the designated State law enforcement agen-
cy and any local law enforcement agency authorized
by the State agency may release relevant informa-
tion that is necessary to protect prisoners concerning
a specific person whose name is included in the
database, except that the identity of a victim of an
offense that requires information to be maintained
under this section shall not be released.
(c) IMMUNITY FOR GOOD FAITH CONDUCT.—Law
enforcement agencies, employees of law enforcement agen-
cies, and State officials shall be immune from criminal or
civil liability for good faith conduct in releasing informa-
tion under this section.
(d) INELIGIBILITY FOR FUNDS.—
(1) IN GENERAL.—A State that fails to imple-
ment the program as described under this section
shall not receive 10 percent of the funds that would
otherwise be allocated to the State under subtitle A
of title II of the Violent Crime Control and Law En-
forcement Act of 1994 (42 U.S.C. 13701).
(2) REALLOCATION.—Any funds that are not
allocated for failure to comply with this section shall
be reallocated to States that comply with this sec-
tion.
(3) COMPLIANCE DATE.—Each State shall have
not more than 3 years from the date of enactment
of this Act in which to implement this section, ex-
cept that the Attorney General may grant an addi-
tional 2 years to a State that is making good faith
efforts to implement this section.
SEC. 334. PROHIBITED SEXUAL CONDUCT BY CORREC-
TIONAL STAFF.
(a) REDUCTION OF FUNDS.—In addition to the re-
duction of funds under section 343(d), a State that does
not have criminal penalties or a State that fails to imple-
ment criminal penalties explicitly prohibiting custodial
sexual misconduct by correctional staff against prisoners
shall not receive 10 percent of the funds that would other-
wise be allocated to the State under part A of title II of
the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 13701).
(b) REALLOCATION.—Any funds that are not allo-
cated for failure to comply with this section shall be reallo-
cated to States that comply with this section.
(c) COMPLIANCE DATE.—Each State shall have not
more than 3 years from the date of enactment of this Act
in which to implement this section, except that the Attor-
ney General may grant an additional 2 years to a State
that is making good faith efforts to implement this sec-
tion.
SEC. 335. NATIONAL SEXUAL CONTACT HOTLINE FOR PRIS-
ONERS.
(a) IN GENERAL.—Not later than 1 year after the
date of the enactment of this Act, the Attorney General
shall create a national, confidential, toll-free telephone
hotline to collect data and to provide information and as-
sistance to prisoners who have experienced custodial sex-
ual misconduct by corrections staff.
(b) ACTIVITIES.—Funds authorized under this sec-
tion shall be utilized to establish and operate a national,
confidential, toll-free sexual contact hotline. Such funds
shall be used for activities, including—
(1) contracting with a carrier for the use of a
toll-free telephone line;
(2) employing, training, and supervising person-
nel to answer incoming calls and provide counseling
and referral services to callers;
(3) assembling, maintaining, and continually
updating a database of information and resources to
which callers may be referred throughout the United
States;
(4) publicizing the hotline to prisoners through-
out the United States; and
(5) tracking of the number of reports, including
the name and location of the individual reporting the
offender, and the incident.
(c) REPORTING OF INFORMATION.—Information re-
garding the number of reports and the status of those re-
ports shall be included in the Attorney General’s annual
report to Congress.
(d) PROCESSING REPORTS.—Reports may be re-
ferred to the criminal section of the Civil Rights Division
of the Department of Justice for investigation or for refer-
ral to the appropriate State agency for investigation.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$300,000 for fiscal year 1999 and $100,000 for each of
the fiscal years 2000, 2001, 2002, and 2003.
SEC. 336. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘correctional staff’’ means any
employee, contractual employee, volunteer, or agent
of a correctional department who is working in any
contact position with any prisoners under the juris-
diction of that department; and
(2) the term ‘‘custodial sexual misconduct’’
means any physical contact, directly or through the
clothing, with the sexual or intimate parts of a per-
son for the purpose of sexual gratification of either
party, when the—
(A) parties involved are a person in cus-
tody of a correctional department and a mem-
ber of the correctional staff; or
(B) contact occurs under circumstances of
coercion, duress, or threat of force by a member
of the correctional staff.
Subtitle D—Hate Crimes
Prevention
SEC. 341. SHORT TITLE.
This Act may be cited as the ‘‘Hate Crimes Preven-
tion Act of 1998’’.
SEC. 342. FINDINGS.
Congress finds that—
(1) the incidence of violence motivated by the
actual or perceived race, color, national origin, reli-
gion, sexual orientation, gender, or disability of the
victim poses a serious national problem;
(2) such violence disrupts the tranquility and
safety of communities and is deeply divisive;
(3) existing Federal law is inadequate to ad-
dress this problem;
(4) such violence affects interstate commerce in
many ways, including—
(A) by impeding the movement of members
of targeted groups and forcing such members to
move across State lines to escape the incidence
or risk of such violence; and
(B) by preventing members of targeted
groups from purchasing goods and services, ob-
taining or sustaining employment or participat-
ing in other commercial activity;
(5) perpetrators cross State lines to commit
such violence;
(6) instrumentalities of interstate commerce are
used to facilitate the commission of such violence;
(7) such violence is committed using articles
that have traveled in interstate commerce;
(8) violence motivated by bias that is a relic of
slavery can constitute badges and incidents of slav-
ery;
(9) although many local jurisdictions have at-
tempted to respond to the challenges posed by such
violence, the problem is sufficiently serious, wide-
spread, and interstate in scope to warrant Federal
intervention to assist such jurisdictions; and
(10) many States have no laws addressing vio-
lence based on the actual or perceived race, color,
national origin, religion, sexual orientation, gender,
or disability, of the victim, while other States have
laws that provide only limited protection.
SEC. 343. DEFINITION OF HATE CRIME.
In this Act, the term ‘‘hate crime’’ has the same
meaning as in section 280003(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (28 U.S.C.
994 note).
SEC. 344. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.
Section 245 of title 18, United States Code, is
amended—
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c)(1) Whoever, whether or not acting under color
of law, willfully causes bodily injury to any person or,
through the use of fire, a firearm, or an explosive device,
attempts to cause bodily injury to any person, because of
the actual or perceived race, color, religion, or national
origin of any person—
‘‘(A) shall be imprisoned not more than 10
years, or fined in accordance with this title, or both;
or
‘‘(B) shall be imprisoned for any term of years
or for life, or fined in accordance with this title, or
both if—
‘‘(i) death results from the acts committed
in violation of this paragraph; or
‘‘(ii) the acts committed in violation of this
paragraph include kidnapping or an attempt to
kidnap, aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or an at-
tempt to kill.
‘‘(2)(A) Whoever, whether or not acting under color
of law, in any circumstance described in subparagraph
(B), willfully causes bodily injury to any person or,
through the use of fire, a firearm, or an explosive device,
attempts to cause bodily injury to any person, because of
the actual or perceived religion, gender, sexual orientation,
or disability of any person—
‘‘(i) shall be imprisoned not more than 10
years, or fined in accordance with this title, or both;
or
‘‘(ii) shall be imprisoned for any term of years
or for life, or fined in accordance with this title, or
both, if—
‘‘(I) death results from the acts committed
in violation of this paragraph; or
‘‘(II) the acts committed in violation of
this paragraph include kidnapping or an at-
tempt to kidnap, aggravated sexual abuse or an
attempt to commit aggravated sexual abuse, or
an attempt to kill.
‘‘(B) For purposes of subparagraph (A), the cir-
cumstances described in this subparagraph are that—
‘‘(i) in connection with the offense, the defend-
ant or the victim travels in interstate or foreign
commerce, uses a facility or instrumentality of inter-
state or foreign commerce, or engages in any activity
affecting interstate or foreign commerce; or
‘‘(ii) the offense is in or affects interstate or
foreign commerce.’’.
SEC. 345. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) AMENDMENT OF FEDERAL SENTENCING GUIDE-
LINES.—Pursuant to its authority under section 994 of
title 28, United States Code, the United States Sentencing
Commission shall study the issue of adult recruitment of
juveniles to commit hate crimes and shall, if appropriate,
amend the Federal sentencing guidelines to provide sen-
tencing enhancements (in addition to the sentencing en-
hancement provided for the use of a minor during the
commission of an offense) for adult defendants who recruit
juveniles to assist in the commission of hate crimes.
(b) CONSISTENCY WITH OTHER GUIDELINES.—In
carrying out this section, the United States Sentencing
Commission shall—
(1) ensure that there is reasonable consistency
with other Federal sentencing guidelines; and
(2) avoid duplicative punishments for substan-
tially the same offense.
SEC. 346. GRANT PROGRAM.
(a) AUTHORITY TO MAKE GRANTS.—The Adminis-
trator of the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice shall make
grants, in accordance with such regulations as the Attor-
ney General may prescribe, to State and local programs
designed to combat hate crimes committed by juveniles.
100
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.
SEC. 347. AUTHORIZATION FOR ADDITIONAL PERSONNEL
TO ASSIST STATE AND LOCAL LAW ENFORCE-
MENT.
There are authorized to be appropriated to the De-
partment of the Treasury and the Department of Justice,
including the Community Relations Service, for fiscal
years 1999, 2000, 2001, 2002, and 2003 such sums as
are necessary to increase the number of personnel to pre-
vent and respond to alleged violations of section 245 of
title 18, United States Code (as amended by this Act).
SEC. 348. SEVERABILITY.
If any provision of this Act, an amendment made by
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act, the amendments made
by this Act, and the application of the provisions of such
to any person or circumstance shall not be affected there-
by.
101
TITLE IV—DOMESTIC VIOLENCE
PREVENTION
Subtitle A—Domestic Violence
Victims’ Housing
SEC. 401. SHORT TITLE.
This subtitle may be cited as the ‘‘Domestic Violence
Victims Housing Act’’.
SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
The budget authority under section 5(c) of the
United States Housing Act of 1937 for assistance under
subsections (b) and (o) of section 8 of such Act is author-
ized to be increased by $50,000,000 on or after October
1, 1997 and by such sums as may be necessary on or after
October 1, 1998.
SEC. 403. USE OF AMOUNTS FOR HOUSING ASSISTANCE
FOR VICTIMS OF DOMESTIC VIOLENCE.
(a) IN GENERAL.—Amounts available pursuant to
section 402 shall be made available by the Secretary of
Housing and Urban Development only to public housing
agencies and qualified nonprofit organizations only for use
for providing tenant-based rental assistance on behalf of
families victimized by domestic violence (as such term is
defined in section 404 of this subtitle) who have left or
are leaving a residence as a result of the domestic violence.
102
(b) DETERMINATION.—For purposes of subsection
(a), a family victimized by domestic violence shall be con-
sidered to have left or to be leaving a residence as a result
of domestic violence if the public housing agency or quali-
fied nonprofit organization providing rental assistance
under this subtitle determines that the member of the
family who was a victim of the domestic violence reason-
ably believes that relocation from such residence will assist
in avoiding future domestic violence against such member
or another member of the family.
(c) ALLOCATION.—Amounts made available pursuant
to section 402 shall be allocated by the Secretary on the
basis of a national competition to the public housing agen-
cies and qualified nonprofit organizations that submit ap-
plications to the Secretary that best demonstrate a need
for such assistance, including the extent of service to un-
derserved populations as defined in 42 U.S.C. 3796gg–
2(7) as modified by title VI of this Act, and the ability
to undertake and carry out a program under this subtitle,
as the Secretary shall determine. At least 25 percent of
the total grants awarded shall go to qualified nonprofit
organizations.
103
SEC. 404. DEFINITIONS RELATING TO DOMESTIC VIO-
LENCE.
For purposes of this subtitle, the following definitions
shall apply:
(1) DOMESTIC VIOLENCE.—The term ‘domestic
violence’ includes acts or threats of violence, not in-
cluding acts of self defense, committed by a current
or former spouse of the victim, by a person with
whom the victim shares a child in common, by a per-
son who is cohabitating with or has cohabitated with
the victim, by a person who is or has been in a con-
tinuing social relationship of a romantic or intimate
nature with the victim, by a person similarly situ-
ated to a spouse of the victim under the domestic or
family violence laws of the jurisdiction, or by any
other person against a victim who is protected from
that person’s acts under the domestic or family vio-
lence laws of the jurisdiction.
(2) FAMILY
VICTIMIZED
BY
DOMESTIC
VIO-
LENCE.—
(A) IN GENERAL.—The term ‘‘family vic-
timized by domestic violence’’ means a family or
household that includes an individual who has
been determined under subparagraph (B) to
have been a victim of domestic violence, but
does not include any individual described in
104
paragraph (3) who committed the domestic vio-
lence. The term includes any such family or
household in which only a minor or minors are
the individual or individuals who was or were a
victim of domestic violence only if such family
or household also includes a parent, stepparent,
legal guardian, or other responsible caretaker
for the child.
(B) DETERMINATION THAT FAMILY OR IN-
DIVIDUAL
WAS
A
VICTIM
OF
DOMESTIC
VIO-
LENCE.—For purposes of subparagraph (A), a
determination under this subparagraph is a de-
termination that domestic violence has been
committed, which is made by any agency or of-
ficial of a State or unit of general local govern-
ment (including a public housing agency) based
upon—
(i) information provided by any medi-
cal, legal, counseling, or other clinic, shel-
ter, sexual assault program, or other pro-
gram or entity licensed, recognized, or au-
thorized by the State or unit of general
local government to provide services to vic-
tims of domestic violence or sexual assault;
105
(ii) information provided by any agen-
cy of the State, unit of general local gov-
ernment, or nonprofit nongovernmental or-
ganization that provides or administers the
provision of social, medical, legal, or health
services;
(iii) information provided by any cler-
gy;
(iv) information provided by any hos-
pital, clinic, medical facility, or doctor li-
censed or authorized by the State or unit
of general local government to provide
medical services;
(v) a petition or complaint filed in a
court or law or documents or records of ac-
tion of any court or law enforcement agen-
cy, including any record of any protection
order, injunction, or temporary or final
order issued by civil or criminal courts or
any police report; or
(vi) any other reliable evidence that
domestic violence has occurred. A victim’s
statement that domestic violence has oc-
curred shall be sufficient unless the agency
106
has an independent, reasonable basis to
find the individual not credible.
SEC. 405. OTHER DEFINITIONS.
For purposes of this subtitle, the following definitions
shall apply:
(1) PUBLIC
HOUSING
AGENCY.—The term
‘‘public housing agency’’ has the meaning given the
term in section 3(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)).
(2) QUALIFIED
NONPROFIT
ORGANIZATION.—
The term ‘‘qualified nonprofit organization’’ means
a private organization that—
(A) is organized, or has as one of its pri-
mary purposes, to provide shelter or transi-
tional housing for victims of domestic violence;
(B) is organized under State or local laws;
(C) has no part of its net earnings inuring
to the benefit of any member, shareholder,
founder, contributor, or individual;
(D) is approved by the Secretary as to fi-
nancial responsibility; and
(E) demonstrates experience in providing
services to victims of domestic violence.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Housing and Urban Development.
107
(4) STATE.—The term ‘‘State’’ means the
States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, Guam,
the Virgin Islands, American Samoa, and any other
territory or possession of the United States.
(5) UNIT OF GENERAL LOCAL GOVERNMENT.—
The term ‘‘unit of general local government’’ has the
meaning given the term in section 102(a) of the
Housing and Community Development Act of 1974
(42 U.S.C. 5302(a)).
Subtitle B—Full Faith and Credit
for Protection Orders
SEC. 411. FULL FAITH AND CREDIT FOR PROTECTION OR-
DERS.
(a) Section 2265 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(d) FORMULA GRANT REDUCTION FOR NONCOMPLI-
ANCE.—
‘‘(1) REDUCTION.—The Attorney General shall
reduce by 10 percent (for redistribution to other
participating States that comply with subsections (a)
and (b)) the amount a State would receive under
subpart 1 of part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 if such State
108
fails to comply with the requirements of subsections
(a), (b), and (c).
‘‘(2) EFFECTIVE DATE.—The Attorney General
may begin to reduce funds described in paragraph
(1) on the first day of each fiscal year succeeding
the first fiscal year beginning after the date of the
enactment of this subsection.
‘‘(e) REGISTRATION.—Nothing in this section shall
require prior filing or registration of a protection order
in the enforcing State in order to secure enforcement pur-
suant to subsection (a). Nothing in this section shall per-
mit a State to notify the party against whom the order
has been made that a protection order has been registered
and/or filed in that State.’’
‘‘(f) NOTICE.—Nothing in this section shall require
notification of the party against whom the order was made
in order to secure enforcement by a law enforcement offi-
cer pursuant to subsection (a).’’.
(b) DEFINITIONS.—Section 2266 of title 18, United
States Code, is amended—
(1) by inserting ‘‘issued pursuant to State di-
vorce and child custody codes’’ after ‘‘custody or-
ders’’; and
109
(2) by adding ‘‘Custody and visitation provi-
sions in protection orders are subject to the man-
dates of this chapter.’’ after ‘‘seeking protection.’’.
(b) COMPLIANCE—FULL
FAITH
AND
CREDIT.—
Within 180 days, the Attorney General shall issue regula-
tions to determine whether a State is in compliance with
18 U.S.C. 2265(a), (b), and (c), taking into account the
following factors:
(1) The State’s documented good faith efforts
to ensure compliance by judicial, law enforcement,
and other State officials, including the extent and
nature of any training programs, outreach, and
other activities.
(2) The degree to which any case of noncompli-
ance by a State official represents an isolated inci-
dent, rather than a pattern of nonenforcement.
(3) Any barriers to compliance presented by
outdated technology, recordkeeping problems, or
similar issues, and the State’s documented good
faith efforts to removing those barriers.
SEC. 412. GRANT PROGRAM.
(a) IN GENERAL.—The Attorney General may pro-
vide grants to assist States, Indian tribal governments,
and units of local government to develop and strengthen
effective law enforcement and recordkeeping strategies to
110
assist States, Indian tribal governments, and units of local
government to enforce protective orders issued by other
States, Indian tribal governments, or units of local govern-
ment.
(b) USES OF FUNDS.—
(1) IN
GENERAL.—Grants under this section
shall provide training and enhanced technology com-
patible with existing law enforcement systems in-
cluding the National Crime Information Center to
enforce protection orders.
(2) USES
OF
FUNDS.—Funds received under
this section may be used to train law enforcement,
prosecutors, court personnel, victim service provid-
ers, and others responsible for the enforcement of
protection orders, and to develop, install, or expand
data collection and communication systems, includ-
ing computerized systems, linking police, prosecu-
tors, and courts for the purpose of identifying and
tracking protection orders and violations of protec-
tion orders and training.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to carry out this section, $5,000,000 for
each of fiscal years 1999, 2000, 2001, 2002, and 2003.
111
Subtitle C—Victims of Abuse
Insurance Protection
SEC. 421. SHORT TITLE.
This subtitle may be cited as the ‘‘Victims of Abuse
Insurance Protection Act’’.
SEC. 422. DEFINITIONS.
As used in this subtitle:
(1) The term ‘‘abuse’’ means the occurrence of
one or more of the following acts by a current or
former household or family member, intimate part-
ner, or caretaker:
(A) Attempting to cause or causing an-
other person bodily injury, physical harm, sub-
stantial emotional distress, psychological trau-
ma, rape, sexual assault, or involuntary sexual
intercourse.
(B) Engaging in a course of conduct or re-
peatedly committing acts toward another per-
son, including following the person without
proper authority and under circumstances that
place the person in reasonable fear of bodily in-
jury or physical harm.
(C) Subjecting another person to false im-
prisonment or kidnapping.