IIA
103D CONGRESS
1ST SESSION
H. R. 1133
IN THE SENATE OF THE UNITED STATES
NOVEMBER 20 (legislative day, NOVEMBER 2), 1993
Received
NOVEMBER 22, 1993
Read twice and referred to the Committee on the Judiciary
AN ACT
To combat violence and crimes against women.
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 ‘‘Violence Against
Women Act of 1993’’.
TITLE I—SAFE STREETS FOR
WOMEN
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Safe Streets for
Women Act of 1993’’.
Subtitle A—Law Enforcement and
Prosecution Grants To Reduce
Violent Crimes Against Women
SEC. 111. GRANTS TO COMBAT VIOLENT CRIMES AGAINST
WOMEN.
(a) IN GENERAL.—Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.) is amended by—
(1) redesignating part Q as part R;
(2) redesignating section 1701 as section 1801;
and
(3) adding after part P the following new part:
‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES
AGAINST WOMEN
‘‘SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.
‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of
this part is to assist States, Indian tribes, and other eligi-
ble entities to develop effective law enforcement and pros-
ecution strategies to combat violent crimes against women.
‘‘(b) PURPOSES
FOR
WHICH
GRANTS
MAY BE
USED.—Grants under this part shall provide funds for
personnel, training, technical assistance, data collection
and other equipment for the more widespread apprehen-
sion, prosecution, and adjudication of persons committing
violent crimes against women to reduce the rate of violent
crime against women and specifically, for the purposes
of—
‘‘(1) training law enforcement officers and pros-
ecutors to identify and respond more effectively to
violent crimes against women, including crimes of
sexual assault and domestic violence;
‘‘(2) developing, training, or expanding units of
law enforcement officers and prosecutors that spe-
cifically target violent crimes against women, includ-
ing the crimes of sexual assault and domestic vio-
lence;
‘‘(3) developing and implementing more effec-
tive police and prosecution policies, protocols, orders,
or services specifically devoted to the prevention of,
identification of, and response to violent crimes
against women, including the crimes of sexual as-
sault and domestic violence;
‘‘(4) developing, installing, or expanding data
collection systems, including computerized systems,
linking police, prosecutors, and courts or identifying
and tracking arrests, protection orders, prosecutions,
and convictions for the crimes of sexual assault and
domestic violence;
‘‘(5) developing, enlarging, or strengthening vic-
tim services programs, including sexual assault and
domestic violence programs, developing or improving
delivery of victim services to racial, cultural, ethnic,
and language minorities, and increasing reporting
and reducing attrition rates for cases involving vio-
lent crimes against women, including crimes of sex-
ual assault and domestic violence; and
‘‘(6) aiding Indian tribe grantees, exclusively, in
financing the payments required under sections 112
and 113 of the Violence Against Women Act of
1993.
‘‘SEC. 1702. STATE GRANTS.
‘‘(a) GENERAL GRANTS.—The Director of the Bu-
reau of Justice Assistance (hereinafter in this part re-
ferred to as the ‘Director’) is authorized to make grants
to States, Indian tribes, units of local government, tribal
organizations, and nonprofit nongovernmental victim serv-
ices programs in the States or Indian country.
‘‘(b) APPLICATION
REQUIREMENTS.—Applications
shall include—
‘‘(1) documentation from prosecution, law en-
forcement, and victim services programs to be as-
sisted that demonstrates—
‘‘(A) the need for grant funds;
‘‘(B) the intended use of grant funds; and
‘‘(C) the expected results;
‘‘(2) proof of compliance with the requirements
for the payment of forensic medical exams provided
pursuant to section 112 of the Violence Against
Women Act of 1993, except that Indian tribes are
exempt from such requirement; and
‘‘(3) proof of compliance with the requirements
for paying filing and service fees for domestic vio-
lence cases pursuant to section 113 of the Violence
Against Women Act of 1993.
‘‘(c) QUALIFICATION.—Upon satisfying the terms of
subsection (b), an eligible entity shall be eligible for funds
provided under this part by—
‘‘(1) certifying that funds received under this
part shall be used for the purposes outlined in sec-
tion 1701(b); and
‘‘(2) certifying that grantees shall develop a
plan, implement such plan, and otherwise consult
and coordinate with nonprofit nongovernmental do-
mestic violence and sexual assault victim services
programs, law enforcement officials, victim advo-
cates, prosecutors, and defense attorneys;
‘‘(3) providing documentation from the individ-
uals and groups listed under paragraph (2) regard-
ing their participation in development of a plan and
involvement in the application process, as well as
how such individuals and groups will be involved in
implementation of the plan;
‘‘(4) providing assurances that the plan devel-
oped under paragraph (2) shall meet the needs of
racial, cultural, ethnic, and language minority popu-
lations;
‘‘(5) providing assurances that prosecution, law
enforcement, and nonprofit nongovernmental victim
services programs in the community to be served by
such plan each receive an equitable percentage of
any funds allocated under this part; and
‘‘(6) providing assurances that any Federal
funds received under this part shall be used to sup-
plement, not supplant, non-Federal funds that would
otherwise be available for activities funded under
this part.
‘‘(d) DISBURSEMENT OF FUNDS.—
‘‘(1) IN
GENERAL.—Not later than 60 days
after the receipt of an application under this part,
the Director shall either disburse the appropriate
sums provided for under this part or shall inform
the applicant regarding why the application does not
conform to the requirements of this section.
‘‘(2) RESPONSIBILITY OF DIRECTOR.—In dis-
bursing funds under this part, the Director shall
issue regulations—
‘‘(A) to distribute funds equitably on a ge-
ographic basis, including nonurban and rural
areas of varying geographic size; and
‘‘(B) give priority to areas of varying geo-
graphic size with the greatest showing of need
based on the availability of existing domestic vi-
olence and sexual assault programs in the popu-
lation and geographic area to be served in rela-
tion to the availability of such programs in
other such populations and geographic areas.
‘‘(e) GRANTEE REPORTING.—(1) Not later than
March 31 of each year during which funds are received
under this part, the grantee shall file a performance report
with the Director explaining the activities carried out to-
gether with an assessment of the effectiveness of such ac-
tivities in achieving the purposes of this part.
‘‘(2) The grantee shall arrange for assessments of the
grantee’s program from all organizations and government
entities that were involved in the design of the grant plan.
‘‘(3) Such assessments must be sent directly to the
Director by the assessing entity.
‘‘(f) SUSPENSION OF FUNDING.—The Director shall
suspend funding for an approved application if—
‘‘(1) an applicant fails to submit an annual per-
formance report;
‘‘(2) funds provided under this part are ex-
pended for purposes other than those set forth under
this part; or
‘‘(3) grant reports or accompanying assess-
ments demonstrate to the Director that the program
is ineffective or financially unsound.
‘‘SEC. 1703. GENERAL DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) the term ‘domestic violence’ means crimes
of violence committed against a victim by a current
or former spouse of the victim, an individual with
whom the victim shares a child in common, an indi-
vidual who is cohabiting with or has cohabited with
the victim as a spouse, an individual similarly situ-
ated to a spouse, or any other individual who is pro-
tected under domestic or family violence laws of the
jurisdiction that receives a grant under this part;
‘‘(2) the term ‘eligible entity’ means a State,
unit of local government, Indian tribe, and a non-
profit, nongovernmental victims services program;
‘‘(3) the term ‘Indian tribe’ means any Indian
tribe, band, nation, or other organized group or com-
munity, including any Alaska Native village or re-
gional or village corporation (as defined in, or estab-
lished pursuant to, the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601, et seq.)), which is recog-
nized as eligible for the special services provided by
the United States to Indians because of their status
as Indians;
‘‘(4) the term ‘Indian country’ has the meaning
given to such term by section 1151 of title 18, Unit-
ed States Code;
‘‘(5) the term ‘sexual assault’ means any con-
duct proscribed by chapter 109A of title 18, United
States Code, whether or not the conduct occurs in
the special maritime and territorial jurisdiction of
the United States or in a Federal prison and in-
cludes both assaults committed by offenders who are
strangers to the victim and assaults committed by
offenders who are known or related by blood or mar-
riage to the victim; and
‘‘(6) the term ‘victim services program’ means
a nongovernmental nonprofit program that assists
domestic violence or sexual assault victims, including
nongovernmental nonprofit organizations such as
rape crisis centers, battered women’s shelters, and
other sexual assault and domestic violence programs,
including nonprofit nongovernmental organizations
assisting domestic violence and sexual assault vic-
tims through the legal process.
‘‘SEC. 1704. GENERAL TERMS AND CONDITIONS.
‘‘(a) NONMONETARY ASSISTANCE.—In addition to
the assistance provided under sections 1702, the Attorney
General may request any Federal agency, with or without
reimbursement, to use its authorities and the resources
granted to it under Federal law (including personnel,
equipment, supplies, facilities, and managerial, technical,
and advisory services) to support State, tribal, and local
assistance efforts under this part.
‘‘(b) BUREAU REPORTING.—Not later than 180 days
after the end of each fiscal year for which grants are made
under this part, the Director shall submit to the Congress
a report that includes, for each State and Indian tribe—
‘‘(1) the amount of grants made under this
part;
‘‘(2) a summary of the purposes for which
grants were provided and an evaluation of progress;
and
‘‘(3) an evaluation of the effectiveness of pro-
grams established with funds under this part.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793), is amended by add-
ing after paragraph (10) the following:
‘‘(11) There are authorized to be appropriated for
each of the fiscal years 1994 and 1995, $200,000,000 to
carry out the purposes of part Q, with not less than 8
percent of such appropriation allotted specifically for In-
dian tribes.’’.
(c) 
ADMINISTRATIVE
PROVISIONS.—(1) 
Section
801(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended by striking ‘‘and O’’ and
inserting ‘‘O, and Q’’; and
(2) Section 802(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by strik-
ing ‘‘or O’’ and inserting ‘‘O, or Q’’.
(d) CONFORMING AMENDMENT.—The table of con-
tents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended
by striking the matter relating to part Q and inserting
the following:
‘‘PART Q—GRANT TO COMBAT VIOLENT CRIMES AGAINST WOMEN
‘‘Sec. 1701. Purpose of the program and grants.
‘‘Sec. 1702. State grants.
‘‘Sec. 1703. General definitions.
‘‘Sec. 1704. General terms and conditions.
‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1801. Continuation of rules, authorities, and proceedings’’.
tims with limited or no English proficiency, re-
garding how to obtain reimbursement.
SEC. 113. FILING COSTS FOR CRIMINAL CHARGES.
No State is entitled to funds under this title unless
the State certifies that their laws, policies, and practices
do not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, that the
abused bear the costs associated with the filing of criminal
charges against the domestic violence offender, or that the
abused bear the costs associated with the issuance or serv-
ice of a warrant, protection order, or witness subpoena.
SEC. 114. EQUITABLE TREATMENT OF RAPE CASES.
No State is entitled to funds under this title unless
the State can certify that its laws and policies treat sex
offenses committed by offenders who are known to, cohabi-
tants of, social companions of, or related by blood or mar-
riage to, the victim no less severely than sex offenses com-
mitted by offenders who are strangers to the victim.
Subtitle B—Rape Prevention
Programs
CHAPTER 1—RAPE PREVENTION GRANTS
SEC. 121. EDUCATION AND PREVENTION GRANTS TO RE-
DUCE SEXUAL ASSAULTS AGAINST WOMEN.
(a) IN GENERAL.—Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 111, is further amended
by—
(1) redesignating part R as part S;
(2) redesignating section 1801 as section 1901;
and
(3) adding after part Q the following new part:
‘‘PART R—RAPE PREVENTION PROGRAMS
‘‘SEC. 1801. GRANT AUTHORIZATION.
‘‘The Director of the Bureau of Justice Assistance
(referred to in this part as the ‘Director’) is authorized
to make grants—
‘‘(1) to provide educational seminars, particu-
larly developed with emphasis on seminars for ele-
mentary and secondary school age children, designed
to develop an awareness of what acts meet the legal
definition of rape;
‘‘(2) to provide programs for elementary and
secondary school age children that teach nonviolent
conflict resolution, self defense, or other relevant
skills;
‘‘(3) to operate telephone hotlines for callers
with questions regarding sexual assault and rape;
‘‘(4) to design and disseminate training pro-
grams for professionals, including the development
and dissemination of protocols for the routine identi-
fication, treatment, and appropriate referral of vic-
tims of sexual assault by hospital emergency person-
nel and other professionals;
‘‘(5) to develop treatment programs for con-
victed sex offenders and make such programs avail-
able to the local community and to Federal and
State prisons;
‘‘(6) to prepare and disseminate informational
materials designed to educate the community regard-
ing sexual assault and prevention; and
‘‘(7) to develop other projects to increase
awareness and prevention of sexual assault, includ-
ing efforts to increase awareness of sexual assault
prevention among racial, ethnic, cultural and lan-
guage minorities.
‘‘SEC. 1802. APPLICATIONS.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this part, a duly authorized representative of an eli-
gible entity shall submit an application to the Director in
such form and containing such information as the Director
may reasonably require.
‘‘(b) ASSURANCES.—Each application must contain
an assurance that Federal funds received under this part
shall be used to supplement, not supplant, non-Federal
funds that would otherwise be available for activities fund-
ed under this part.
‘‘(c) REQUIRED PLAN.—Each application shall in-
clude a plan that contains—
‘‘(1) a description of the projects to be devel-
oped;
‘‘(2) a description of how funds would be spent;
‘‘(3) a statement of staff qualifications and
demonstrated expertise in the field of rape preven-
tion and education; and
‘‘(4) a statement regarding the ability to serve
community needs and language minority populations
in providing ethnically and culturally and linguis-
tically appropriate programs where necessary.
‘‘SEC. 1803. REPORTS.
‘‘(a) GRANTEE REPORTING.—Upon completion of the
grant period under this subpart, each grantee shall file
a performance report with the Director explaining the ac-
tivities carried out together with an assessment of the ef-
fectiveness of such activities in achieving the purposes of
this subpart. The Director shall suspend funding for an
approved application if an applicant fails to submit an an-
nual performance report.
‘‘(b) BUREAU REPORTING.—Not later than 180 days
after the end of each fiscal year for which grants are made
under this subpart, the Director shall submit to the Con-
gress a report that includes, for each grantee—
‘‘(1) the amount of grants made under this sub-
part;
‘‘(2) a summary of the purposes for which
grants were provided and an evaluation of progress;
and
‘‘(3) an evaluation of the effectiveness of pro-
grams established with funds under this part.
‘‘SEC. 1804. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) the term ‘eligible entity’ means a non-
profit, nongovernmental organization that directly
serves or provides advocacy on behalf of victims of
rape or sexual assault; and
‘‘(2) the term ‘sexual assault prevention and
education’ means education and prevention efforts
directed at reducing the number of sexual assaults.’’.
(b) AUTHORIZATION
OF APPROPRIATION.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793), is amended by add-
ing after paragraph (11), as added by section 111 of this
Act, the following:
‘‘(12) There are authorized to be appropriated to
carry out the purposes of part R, $60,000,000 for fiscal
year 1994, $75,000,000 for fiscal year 1995, and
$100,000,000 for fiscal year 1996.’’.
(c) 
ADMINISTRATIVE
PROVISIONS.—(1) 
Section
801(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended by section 111 of this
Act, is amended by striking ‘‘O, and Q’’ and inserting ‘‘O,
Q, and R’’; and
(2) Section 802(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended by sec-
tion 111 of this Act, is amended by striking ‘‘O, or Q’’
and inserting ‘‘O, Q, or R’’.
(d) CONFORMING AMENDMENT.—The table of con-
tents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 111, is amended by striking the matter relating
to part R and inserting the following:
‘‘PART R—RAPE PREVENTION PROGRAMS
‘‘Sec. 1801. Grant authorization.
‘‘Sec. 1802. Applications.
‘‘Sec. 1803. Reports.
‘‘Sec. 1804. Definitions.
‘‘PART S—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1901. Continuation of rules, authorities, and proceedings.’’.
CHAPTER 2—OFFENDER TRAINING AND
INFORMATION PROGRAMS
SEC. 126. NATIONAL INSTITUTE OF JUSTICE TRAINING
PROGRAMS.
(a) IN GENERAL.—The National Institute of Justice,
after consultation with victim advocates and individuals
who have expertise in treating sex offenders, shall estab-
lish criteria and develop training programs to assist proba-
tion and parole officer and other personnel who work with
released sex offenders in the areas of—
(1) case management;
(2) supervision; and
(3) relapse prevention.
(b) TRAINING PROGRAMS.—The Director of the Na-
tional Institute of Justice shall attempt, to the extent
practicable, to make training programs developed under
subsection (a) available in geographically diverse locations
throughout the country.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $1,000,000 for each of the
fiscal years 1994 and 1995 to carry out the provisions
of this section.
SEC. 127. INFORMATION PROGRAMS.
The Attorney General shall compile information re-
garding sex offender treatment programs and ensure that
information regarding community treatment programs in
the community into which a convicted sex offender is re-
leased is made available to each person serving a sentence
of imprisonment in a Federal penal or correctional institu-
tion for a commission of an offense under chapter 109A
of title 18 of the United States Code or for the commission
of a similar offense, including halfway houses and psy-
chiatric institutions.
Subtitle C—Victim Compensation
SEC. 131. VICTIM COMPENSATION.
(a) IN GENERAL.—Chapter 109A of title 18, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2246. Mandatory restitution for sex offenses
‘‘(a) IN GENERAL.—Notwithstanding section 3663 of
this title, and in addition to any other civil or criminal
penalty authorized by law, the court shall order restitution
for any offense under this chapter.
‘‘(b) SCOPE AND NATURE OF ORDER.—
‘‘(1) IN
GENERAL.—The order of restitution
under this section shall direct that—
‘‘(A) the defendant pay to the victim the
full amount of the victim’s losses as determined
by the court, pursuant to paragraph (3) of this
subsection; and
‘‘(B) the United States Attorney enforce
the restitution order by all available and reason-
able means.
‘‘(2) DEFINITIONS.—As used in this subsection,
the term ‘full amount of the victim’s losses’ includes
any costs incurred by the victim for—
‘‘(A) medical services relating to physical,
psychiatric, or psychological care;
‘‘(B) physical and occupational therapy or
rehabilitation;
‘‘(C) lost income;
‘‘(D) attorneys’ fees, plus any costs in-
curred in obtaining a civil protection order;
‘‘(E) temporary housing;
‘‘(F) transportation;
‘‘(G) necessary child care;
‘‘(H) language translation services; and
‘‘(I) any other losses suffered by the victim
as a proximate result of the offense.
‘‘(3) MANDATORY
NATURE
OF
ORDER.—(A)
Restitution orders under this section are mandatory.
A court may not decline to issue an order under this
section because of—
‘‘(i) the economic circumstances of the de-
fendant; or
‘‘(ii) the fact that a victim has, or is enti-
tled to, receive compensation for his or her inju-
ries from the proceeds of insurance or any other
source.
‘‘(B) Subparagraph (A) of this paragraph does
not apply if—
‘‘(i) the court finds on the record that the
economic circumstances of the defendant do not
allow for the payment of any amount of a res-
titution order, and do not allow for the payment
of any amount of a restitution order in the fore-
seeable future (under any reasonable schedule
of payments); and
‘‘(ii) the court enters in its order the
amount of the victim’s losses, and provides a
nominal restitution award.
‘‘(4) 
CONSIDERATION
OF
ECONOMIC
CIR-
CUMSTANCES.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (3) of this subsection, the court may take
into account the economic circumstances of the
defendant in determining the manner in which
and the schedule according to which the restitu-
tion is to be paid, including—
‘‘(i) the financial resources and other
assets of the defendant;
‘‘(ii) projected earnings, earning ca-
pacity, and other income of the defendant;
and
‘‘(iii) any financial obligations of the
defendant, including obligations to depend-
ents.
‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—
An order under this section may direct the de-
fendant to make a single lump-sum payment or
partial payments at specified intervals. The
order shall also provide that the defendant’s
restitutionary obligation takes priority over any
criminal fine ordered.
‘‘(5) SETOFF.—Any amount paid to a victim
under this section shall be set off against any
amount later recovered as compensatory damages by
the victim from the defendant in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the ex-
tent provided by the law of the State.
‘‘(c) PROOF OF CLAIM.—
‘‘(1) IN GENERAL.—Within 60 days after con-
viction and, in any event, no later than 10 days
records submitted, the court may require additional
documentation or hear testimony on those questions.
The privacy of any records filed, or testimony heard,
pursuant to this section, shall be maintained to the
greatest extent possible.
‘‘(4) FINAL DETERMINATION OF LOSSES.—In
the event that the victim’s losses are not ascertain-
able 10 days prior to sentencing as provided in sub-
section (c)(1) of this section, the United States At-
torney (or delegate) shall so inform the court, and
the court shall set a date for the final determination
of the victim’s losses, not to exceed 90 days after
sentencing. If the victim subsequently discovers fur-
ther losses, the victim shall have 60 days after dis-
covery of those losses in which to petition the court
for an amended restitution order. Such order may be
granted only upon a showing of good cause for the
failure to include such losses in the initial claim for
restitutionary relief.’’.
(b) TABLE OF SECTIONS.—The table of sections at
the beginning of chapter 109A of title 18, United States
Code, is amended by adding at the end the following:
‘‘2246. Mandatory restitution for sex offenses.’’.
(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;
(6) an assessment of the policies and practices
of educational institutions that are most effective in
addressing campus sexual assaults and protecting
victims, including policies and practices relating to
the particular issues described in paragraph (5); and
(7) any recommendations the Attorney General
may have for reforms to address campus sexual as-
saults and protect victims more effectively, and any
other matters that the Attorney General deems rel-
evant to the subject of the study and report required
by this section.
(c) SUBMISSION OF REPORT.—The report required
by subsection (b) shall be submitted to the Committees
on Education and Labor and the Judiciary of the House
of Representatives and the Committees on Labor and
Human Resources and the Judiciary of the Senate not
later than September 1, 1995.
(d) DEFINITION.—For purposes of this subtitle,
‘‘campus sexual assaults’’ means sexual assaults commit-
ted against or by students or employees of institutions of
postsecondary education and occurring at such institu-
tions or during activities connected with such institutions.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $200,000 to carry out the
study required by this section.
TITLE II—SAFE HOMES FOR
WOMEN
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Safe Homes for
Women Act’’.
Subtitle A—Interstate Enforcement
SEC. 211. INTERSTATE ENFORCEMENT.
(a) IN GENERAL.—Part I of title 18, United States
Code, is amended by inserting after chapter 110 the fol-
lowing new chapter:
‘‘CHAPTER 110A—DOMESTIC VIOLENCE
‘‘Sec. 2261. Interstate domestic violence.
‘‘Sec. 2262. Violation of protection order.
‘‘Sec. 2263. Pretrial release of defendant.
‘‘Sec. 2264. Restitution.
‘‘Sec. 2265. Full faith and credit given to protection orders.
‘‘Sec. 2266. Definitions for chapter.
‘‘§ 2261. Interstate domestic violence
‘‘(a) Whoever travels across a State line or enters or
leaves Indian country with the intent to contact that per-
son’s spouse or intimate partner, and in the course of that
contact intentionally commits a crime of violence and
thereby causes bodily injury to such spouse or intimate
partner, shall be punished as provided in subsection (b)
of this section.
‘‘(b) The punishment for a violation of subsection (a)
of this section is a fine under this title, or imprisonment—
‘‘(1) for life or any term of years, if the of-
fender murders the victim;
‘‘(2) for not more than 20 years, if the offender
causes serious bodily injury to the victim;
‘‘(3) for not more than 10 years, if the offender
uses a dangerous weapon during the offense;
‘‘(4) as provided for the applicable conduct
under chapter 109A, if the offense constitutes sexual
abuse, as described under chapter 109A (without re-
gard to whether the offense was committed in the
special maritime and territorial jurisdiction of the
United States or in a Federal prison); and
‘‘(5) for not more than 5 years, in any other
case;
or both such fine and imprisonment.
‘‘§ 2262. Violation of protection order
‘‘(a) Whoever travels across a State line or enters or
leaves Indian country with the intent to engage in conduct
that—
‘‘(1)(A) violates a protection order, any portion
of which involves protection against credible threats
of violence, repeated harassment, or bodily injury, to
the person or persons for whom the protection order
was issued, and—
‘‘(B) violates that portion of such protection
order; or
‘‘(2) would violate paragraph (1) of this sub-
section if the conduct occurred in the jurisdiction in
which such order was issued;
and does engage in such conduct shall be punished as pro-
vided in subsection (b) of this section.
‘‘(b) The punishment for a violation of subsection (a)
of this section is a fine under this title, or imprisonment—
‘‘(1) for life or any term of years, if the of-
fender murders the victim;
‘‘(2) for not more than 20 years, if the offender
causes serious bodily injury to the victim;
‘‘(3) for not more than 10 years, if the offender
uses a dangerous weapon during the offense;
‘‘(4) as provided for the applicable conduct
under chapter 109A, if the offense constitutes sexual
abuse, as described under chapter 109A (without re-
gard to whether the offense was committed in the
special maritime and territorial jurisdiction of the
United States or in a Federal prison); and
‘‘(5) for not more than 5 years, in any other
case;
or both such fine and imprisonment.
‘‘§ 2263. Pretrial release of defendant
‘‘In any proceeding pursuant to section 3142 of this
title for the purpose of determining whether a defendant
charged under this chapter shall be released pending trial,
or for the purpose of determining conditions of such re-
lease, the alleged victim shall be given an opportunity to
be heard regarding the danger posed by the defendant.
‘‘§ 2264. Restitution
‘‘(a) IN GENERAL.—In addition to any fine or term
of imprisonment provided under this chapter, and notwith-
standing the terms of section 3663 of this title, the court
shall order restitution to the victim of an offense under
this chapter.
‘‘(b) SCOPE AND NATURE OF ORDER.—
‘‘(1) IN
GENERAL.—The order of restitution
under this section shall direct that—
‘‘(A) the defendant pay to the victim the
full amount of the victim’s losses as determined
by the court, pursuant to paragraph (3) of this
subsection; and
‘‘(B) the United States Attorney enforce
the restitution order by all available and reason-
able means.
‘‘(2) DEFINITION.—As used in this subsection,
the term ‘full amount of the victim’s losses’ includes
any costs incurred by the victim for—
‘‘(A) medical services relating to physical,
psychiatric, or psychological care;
‘‘(B) physical and occupational therapy or
rehabilitation;
‘‘(C) lost income;
‘‘(D) attorneys’ fees, plus any costs in-
curred in obtaining a civil protection order;
‘‘(E) temporary housing;
‘‘(F) transportation;
‘‘(G) necessary child care;
‘‘(H) language translation services; and
‘‘(I) any other losses suffered by the victim
as a proximate result of the offense.
‘‘(3) MANDATORY
NATURE
OF
ORDER.—(A)
Restitution orders under this section are mandatory.
A court may not decline to issue an order under this
section because of—
‘‘(i) the economic circumstances of the de-
fendant; or
‘‘(ii) the fact that a victim has, or is enti-
tled to, receive compensation for his or her inju-
ries from the proceeds of insurance or any other
source.
‘‘(B) Subparagraph (A) of this paragraph does
not apply if—
‘‘(i) the court finds on the record that the
economic circumstances of the defendant do not
allow for the payment of any amount of a res-
titution order, and do not allow for the payment
of any amount of a restitution order in the fore-
seeable future (under any reasonable schedule
of payments); and
‘‘(ii) the court enters in its order the
amount of the victim’s losses, and provides a
nominal restitution award.
‘‘(4) 
CONSIDERATION
OF
ECONOMIC
CIR-
CUMSTANCES.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (3) of this subsection, the court may take
into account the economic circumstances of the
defendant in determining the manner in which
and the schedule according to which the restitu-
tion is to be paid, including—
‘‘(i) the financial resources and other
assets of the defendant;
‘‘(ii) projected earnings, earning ca-
pacity, and other income of the defendant;
and
‘‘(iii) any financial obligations of the
offender, including obligations to depend-
ents.
‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—
An order under this section may direct the de-
fendant to make a single lump-sum payment, or
partial payments at specified intervals. The
order shall provide that the defendant’s
restitutionary obligation takes priority over any
criminal fine ordered.
‘‘(5) SETOFF.—Any amount paid to a victim
under this section shall be setoff against any amount
later recovered as compensatory damages by the vic-
tim from the defendant in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the ex-
tent provided by the law of the State.
‘‘(c) PROOF OF CLAIM.—
‘‘(1) IN GENERAL.—Within 60 days after con-
viction and, in any event, no later than 10 days be-
fore sentencing, the United States Attorney (or such
Attorney’s delegate), after consulting with the vic-
tim, shall prepare and file an affidavit with the court
listing the amounts subject to restitution under this
section. The affidavit shall be signed by the United
States Attorney (or the delegate) and the victim.
Should the victim object to any of the information
included in the affidavit, the United States Attorney
(or the delegate) shall advise the victim that the vic-
tim may file a separate affidavit and assist the
victim in the preparation of that affidavit.
‘‘(2) OBJECTIONS.—If, after notifying the de-
fendant of the affidavit, no objection is raised by the
defendant, the amounts attested to in the affidavit
filed pursuant to paragraph (1) of this subsection
shall be entered in the court’s restitution order. If
objection is raised, the court may require the victim
or the United States Attorney (or such Attorney’s
delegate) to submit further affidavits or other sup-
porting documents, demonstrating the victim’s
losses.
‘‘(3) ADDITIONAL DOCUMENTATION OR TESTI-
MONY.—If the court concludes, after reviewing the
supporting documentation and considering the de-
fendant’s objections, that there is a substantial rea-
son for doubting the authenticity or veracity of the
records submitted, the court may require additional
documentation or hear testimony on those questions.
The privacy of any records filed, or testimony heard,
pursuant to this section, shall be maintained to the
greatest extent possible.
‘‘(4) FINAL DETERMINATION OF LOSSES.—In
the event that the victim’s losses are not ascertain-
able 10 days before sentencing as provided in para-
graph (1) of this subsection, the United States At-
torney (or such Attorney’s delegate) shall so inform
the court, and the court shall set a date for the final
determination of the victims’s losses, not to exceed
90 days after sentencing. If the victim subsequently
discovers further losses, the victim shall have 90
days after discovery of those losses in which to peti-
tion the court for an amended restitution order.
Such order may be granted only upon a showing of
good cause for the failure to include such losses in
the initial claim for restitutionary relief.
‘‘(d) RESTITUTION AND CRIMINAL PENALTIES.—An
award of restitution to the victim of an offense under this
chapter is not a substitute for imposition of punishment
under this chapter.
‘‘§ 2265. Full faith and credit given to protection or-
ders
‘‘(a) FULL FAITH
AND CREDIT.—Any protection
order issued that is consistent with subsection (b) of this
section by the court of one State or Indian tribe (the issu-
ing State or Indian tribe) shall be accorded full faith and
credit by the court of another State or Indian tribe (the
enforcing State or Indian tribe) and enforced as if it were
the order of the enforcing State or tribe.
‘‘(b) PROTECTION ORDER.—A protection order is-
sued by a State or tribal court is consistent with this sub-
section if—
‘‘(1) such court has jurisdiction over the parties
and matter under the law of such State or Indian
tribe; and
‘‘(2) reasonable notice and opportunity to be
heard is given to the person against whom the order
is sought sufficient to protect that person’s right to
due process. In the case of ex parte orders, notice
and opportunity to be heard must be provided within
the time required by State or tribal law, and in any
event within a reasonable time after the order is
issued, sufficient to protect the respondent’s due
process rights.
‘‘(c) CROSS OR COUNTER PETITION.—A protection
order issued by a State or tribal court against one who
has petitioned, filed a complaint, or otherwise filed a writ-
ten pleading for protection against abuse by a spouse or
intimate partner is not entitled to full faith and credit if—
‘‘(1) no cross or counter petition, complaint, or
other written pleading was filed seeking such a pro-
tection order; or
‘‘(2) a cross or counter petition has been filed
and the court did not make specific findings that
each party was entitled to such an order.
‘‘§ 2266. Definitions for chapter
‘‘As used in this chapter—
‘‘(1) the term ‘spouse or intimate partner’ in-
cludes—
‘‘(A) a spouse, a former spouse, a person
who shares a child in common with the abuser,
a person who cohabits or has cohabited with the
abuser as a spouse, and any other person simi-
larly situated to a spouse; and
‘‘(B) any other person, other than a minor
child, who is protected by the domestic or fam-
ily violence laws of the State in which the injury
occurred or where the victim resides;
‘‘(2) the term ‘protection order’ includes any in-
junction or other order issued for the purpose of
preventing violent or threatening acts by one spouse
against his or her spouse, former spouse, or intimate
partner, including temporary and final orders issued
by civil and criminal courts (other than support or
child custody orders) whether obtained by filing an
independent action or as a pendente lite order in an-
other proceeding so long as any civil order was is-
sued in response to a complaint, petition or motion
filed by or on behalf of an abused spouse or intimate
partner;
‘‘(3) the term ‘State’ includes a State of the
United States, the District of Columbia, a common-
wealth, territory, or possession of the United States;
‘‘(4) the term ‘travel across State lines’ does
not include travel across State lines by an individual
who is a member of an Indian tribe when such indi-
vidual remains at all times in the territory of the
Indian tribe of which the individual is a member;
‘‘(5) the term ‘bodily harm’ means any act, ex-
cept one done in self-defense, that results in physical
injury or sexual abuse; and
‘‘(6) the term ‘Indian country’ has the meaning
given to such term by section 1151 of this title.’’.
(b) TABLE OF CHAPTERS.—The table of chapters at
the beginning part 1 of title 18, United States Code, is
amended by inserting after the item for chapter 110 the
following new item:
‘‘110A. Violence against spouses .................................................. 2261.’’.
Subtitle B—Arrest in Domestic
Violence Cases
SEC. 221. ENCOURAGING ARREST POLICIES.
(a) IN GENERAL.—Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 121, is further amended
by—
(1) redesignating part S as part T;
(2) redesignating section 1901 as section 2001;
and
(3) adding after part R the following new part:
‘‘PART S—GRANTS TO ENCOURAGE ARREST
POLICIES
‘‘SEC. 1901. ARREST POLICIES.
‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of
this part is to encourage States, Indian tribes, and units
of local government to treat domestic violence as a serious
violation of criminal law. The Director of the Bureau of
Justice Assistance may make grants to eligible States, In-
dian tribes, or units of local government for the following:
‘‘(1) To implement mandatory arrest or
proarrest programs, including mandatory arrest pro-
grams for protective order violations.
‘‘(2) To develop policies, and training in police
departments to improve tracking of cases involving
domestic violence.
‘‘(3) To centralize and coordinate police en-
forcement, prosecution, or judicial responsibility for
domestic violence cases in groups or units of police
officers, prosecutors, or judges.
‘‘(4) To strengthen legal advocacy service pro-
grams for victims of domestic violence.
‘‘(5) To educate judges in criminal and other
courts about domestic violence and to improve judi-
cial handling of such cases.
‘‘(b) ELIGIBILITY.—Eligible grantees are States, In-
dian tribes, or units of local government that—
‘‘(1) certify that their laws or official policies—
‘‘(A)(i) encourage or mandate arrest of do-
mestic violence offenders based on probable
cause that violence has been committed; or
‘‘(ii) certify that all their law enforcement
personnel have received domestic violence train-
ing conducted by a State Domestic Violence Co-
alition as defined in section 10410(b) of title
42, United States Code; and
‘‘(B) mandate arrest of domestic violence
offenders who violate the terms of a valid and
outstanding protection order;
‘‘(2) demonstrate that their laws, policies, or
practices, and training programs discourage dual ar-
rests of offender and victim;
‘‘(3) certify that their laws, policies, and prac-
tices prohibit issuance of mutual restraining orders
of protection except in cases where both spouses file
a claim and the court makes detailed finding of fact
indicating that both spouses acted primarily as ag-
gressors and that neither spouse acted primarily in
self-defense;
‘‘(4) certify that their laws, policies, and prac-
tices do not require, in connection with the prosecu-
tion of any misdemeanor or felony domestic violence
offense, that the abused bear the costs associated
with the filing of criminal charges or the service of
such charges on an abuser, or that the abused bear
the costs associated with the issuance or service of
a warrant, protection order, or witness subpoena;
and
‘‘(5) certify that their laws and policies treat
sex offenses committed by offenders who are known
to, cohabitants of, or social companions of or related
by blood or marriage to, the victim no less severely
than sex offenses committed by offenders who are
strangers to the victim.
‘‘SEC. 1902. APPLICATIONS.
‘‘(a) APPLICATION.—An eligible grantee shall submit
an application to the Director that shall—
‘‘(1) describe plans to implement policies de-
scribed in subsection (b);
‘‘(2) identify the agency or office or groups of
agencies or offices responsible for carrying out the
program; and
‘‘(3) include documentation from nonprofit, pri-
vate sexual assault and domestic violence programs
demonstrating their participation in developing the
application, and identifying such programs in which
such groups will be consulted for development and
implementation.
‘‘(b) PRIORITY.—In awarding grants under this part,
the Director shall give priority to an applicant that—
‘‘(1) does not currently provide for centralized
handling of cases involving domestic violence by pol-
icy, prosecutors, and courts; and
‘‘(2) demonstrates a commitment to strong en-
forcement of laws, and prosecution of cases, involv-
ing domestic violence.
‘‘SEC. 1903. REPORTS.
‘‘Each grantee receiving funds under this part shall
submit a report to the Director evaluating the effective-
ness of projects developed with funds provided under this
part and containing such additional information as the
Director may prescribe.
‘‘SEC. 1904. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) the term ‘domestic violence’ means a crime
of violence against a victim committed by a current
or former spouse of the victim, an individual with
whom the victim shares a child in common, an indi-
vidual who cohabits with or has cohabited with the
victim as a spouse, or any other individual similarly
situated to a spouse, or any other person who is pro-
tected under the domestic or family violence laws of
the eligible State, Indian tribe, municipality, or local
government entity.
‘‘(2) the term ‘protection order’ includes any in-
junction issued for the purpose of preventing violent
or threatening acts of domestic violence including
temporary and final orders issued by civil and crimi-
nal courts (other than support or child custody pro-
visions) whether obtained by filing an independent
action or as a pendente lite order in another pro-
ceeding.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793), is amended by add-
ing after paragraph (12), as added by section 121 of this
Act, the following:
‘‘(13) There are authorized to be appropriated
$25,000,000 for each of the fiscal years 1994, 1995, and
1996 to carry out the purposes of part S.’’.
(c) 
ADMINISTRATIVE
PROVISIONS.—(1) 
Section
801(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended by section 121 of this
Act, is amended by striking ‘‘O, Q, and R’’ and inserting
‘‘O, Q, R, and S’’; and
(2) Section 802(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended by sec-
tion 121 of this Act, is amended by striking ‘‘O, Q, or
R’’ and inserting ‘‘O, Q, R, or S’’.
(d) EFFECTIVE DATE.—The eligibility requirements
provided in this section shall take effect 1 year after the
date of enactment of this subtitle.
(e) CONFORMING AMENDMENT.—The table of con-
tents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 121, is further amended by striking the matter
relating to part S and inserting the following:
‘‘PART S—GRANTS TO ENCOURAGE ARREST POLICIES
‘‘Sec. 1901. Arrest policies.
‘‘Sec. 1902. Applications.
‘‘Sec. 1903. Reports.
‘‘Sec. 1904. Definitions.
‘‘PART T—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2001. Continuation of rules, authorities, and proceedings.’’.
Subtitle C—Domestic Violence
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ‘‘Domestic Violence
Firearm Prevention Act’’.
SEC. 232. FINDINGS.
The Congress finds that—
(1) domestic violence is the leading cause of in-
jury to women in the United States between the
ages of 15 and 44;
(2) firearms are used by the abuser in 7 per-
cent of domestic violence incidents and produces an
adverse effect on interstate commerce; and
(3) individuals with a history of domestic abuse
should not have easy access to firearms.
SEC. 233. PROHIBITION AGAINST DISPOSAL OF FIREARMS
TO, OR RECEIPT OF FIREARMS BY, PERSONS
WHO HAVE COMMITTED DOMESTIC ABUSE.
(a) INTIMATE PARTNER DEFINED.—Section 921(a)
of title 18, United States Code, is amended by inserting
at the end the following:
‘‘(29) The term ‘intimate partner’ means, with re-
spect to a person, the spouse of the person, a former
spouse of the person, an individual who is a parent of a
child of the person, and an individual who cohabitates or
has cohabited with the person.’’.
(b) PROHIBITION AGAINST DISPOSAL
OF FIRE-
ARMS.—Section 922(d) of such title is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; or’’; and
(3) by inserting after paragraph (7) the follow-
ing:
‘‘(8) is subject to a court order that restrains
such person from harassing, stalking, or threatening
an intimate partner of such person, or engaging in
other conduct that would place an intimate partner
in reasonable fear of bodily injury, except that this
paragraph shall only apply to a court order that (A)
was issued after a hearing of which such person re-
ceived actual notice, and at which such person had
the opportunity to participate, and (B) includes a
finding that such person represents a credible threat
to the physical safety of such intimate partner.’’.
(c) PROHIBITION
AGAINST
RECEIPT
OF
FIRE-
ARMS.—Section 922(g) of such title is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(6);
(2) by inserting ‘‘or’’ at the end of paragraph
(7); and
(3) by inserting after paragraph (7) the follow-
ing:
‘‘(8) who is subject to a court order that—
‘‘(A) was issued after a hearing of which
such person received actual or constructive no-
tice, and at which such person had an oppor-
tunity to participate;
‘‘(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person, or engaging in other conduct that
would place an intimate partner in reasonable
fear of bodily injury; and
‘‘(C) includes a finding that such person
represents a credible threat to the physical safe-
ty of such intimate partner,’’.
(d) STORAGE OF FIREARMS.—Section 926(a) of such
title is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (2) the follow-
ing:
‘‘(3) regulations providing for effective receipt
and secure storage of firearms relinquished by or
seized from persons described in subsection (d)(8) or
(g)(8) of section 922.’’.
(e) RETURN OF FIREARMS.—Section 924(d)(1) of
such title is amended by striking ‘‘the seized’’ and insert-
ing ‘‘or lapse of or court termination of the restraining
order to which he is subject, the seized or relinquished’’.
Subtitle D—Protection for
Immigrant Women
SEC. 241. ALIEN SPOUSE PETITIONING RIGHTS FOR IMME-
DIATE RELATIVE OR SECOND PREFERENCE
STATUS.
(a) IN GENERAL.—Section 204(a)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1154(a)(1)) is
amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘(i)’’ after ‘‘(A)’’,
(B) by redesignating the second sentence
as clause (ii), and
(C) by adding at the end the following new
clause:
‘‘(iii) An alien who is the spouse of a citizen of the
United States, who is eligible to be classified as an imme-
diate relative under section 201(b)(2)(A)(i), and who has
resided in the United States with the alien’s spouse may
file a petition with the Attorney General under this sub-
paragraph for classification of the alien (and children of
the alien) under such section if the alien demonstrates to
the Attorney General that—
‘‘(I) the alien is residing in the United States,
the marriage between the alien and the spouse was
entered into in good faith by the alien, and during
the marriage the alien or a child of the alien has
been battered by or has been the subject of extreme
cruelty perpetrated by the alien’s spouse, or
‘‘(II) the alien is residing in the United States
with the alien’s spouse, the alien has been married
to and residing with the spouse for a period of not
less than 3 years, and the alien’s spouse has failed
to file a petition under clause (i) on behalf of the
alien.’’; and
(2) in subparagraph (B)—
(A) by inserting ‘‘(i)’’ after ‘‘(B)’’, and
(B) by adding at the end the following new
clause:
‘‘(ii) An alien who is the spouse of an alien lawfully
admitted for permanent residence, who is eligible for clas-
sification under section 203(a)(2)(A), and who has resided
in the United States with the alien’s legal permanent resi-
dent spouse may file a petition with the Attorney General
under this subparagraph for classification of the alien
(and children of the alien) under such section if the alien
demonstrates to the Attorney General that the conditions
described in subclause (I) or (II) of subparagraph (A)(iii)
are met with respect to the alien.’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
204(a)(2) of such Act (8 U.S.C. 1154(a)(2)) is amended—
(A) in subparagraph (A), by striking ‘‘filed by
an alien who,’’ and inserting ‘‘for the classification
of the spouse of an alien if the alien,’’, and
(B) in subparagraph (B), by striking ‘‘by an
alien whose prior marriage’’ and inserting ‘‘for the
classification of the spouse of an alien if the prior
marriage of the alien’’.
(2) Section 201(b)(2)(A)(i) of such Act (8 U.S.C.
1151(b)(2)(A)(i)) is amended by striking ‘‘204(a)(1)(A)’’
and inserting ‘‘204(a)(1)(A)(ii)’’.
(c) SURVIVAL RIGHTS TO PETITION.— Section 204
of the Immigration and Nationality Act (8 U.S.C. 1154)
is amended by adding at the end the following new sub-
section:
‘‘(h) The legal termination of a marriage may not be
the basis for revocation under section 205 of a petition
filed under subsection (a)(1)(A)(iii)(I) or a petition filed
under subsection (a)(1)(B)(ii) pursuant to conditions de-
scribed in subsection (a)(1)(A)(iii)(I).’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect January 1, 1994.
SEC. 242. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIV-
ER APPLICATIONS.
(a) IN GENERAL.—Section 216(c)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend-
ed by inserting after the second sentence the following:
‘‘In acting on applications under this paragraph, the At-
torney General shall consider any credible evidence sub-
mitted in support of the application (whether or not the
evidence is supported by an evaluation of a licensed mental
health professional). The determination of what evidence
is credible and the weight to be given that evidence shall
be within the sole discretion of the Attorney General.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to applications made be-
fore, on, or after such date.
SEC. 243. SUSPENSION OF DEPORTATION.
Section 244(a) of the Immigration and Nationality
Act (8 U.S.C. 1254(a)) is amended—
(1) at the end of paragraph (1) by striking
‘‘or’’;
(2) at the end of paragraph (2) by striking the
period and inserting ‘‘; or’’; and
(3) by inserting after paragraph (2) the follow-
ing:
‘‘(3) is deportable under any law of the United
States except section 241(a)(1)(G) and the provi-
sions specified in paragraph (2); is physically
present in the United States; has been battered or
subjected to extreme cruelty in the United States by
a spouse or parent who is a United States citizen or
lawful permanent resident; and proves that during
all of such time in the United States the alien was
and is a person of good moral character; and is a
person whose deportation would, in the opinion of
the Attorney General, result in extreme hardship to
the alien or the alien’s parent or child.’’.
TITLE III—MISCELLANEOUS
PROVISIONS
Subtitle A—Reports
SEC. 301. REPORT ON CONFIDENTIALITY OF ADDRESSES
FOR VICTIMS OF DOMESTIC VIOLENCE.
(a) REPORT.—The Attorney General shall conduct a
study of the means by which abusive spouses may obtain
information concerning the addresses or locations of es-
tranged or former spouses, notwithstanding the desire of
the victims to have such information withheld to avoid fur-
ther exposure to abuse. Based on the study, the Attorney
General shall transmit a report to Congress including—
(1) the findings of the study concerning the
means by which information concerning the 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-
sure to further abuse while preserving access to such
information for legitimate purposes.
(b) USE OF COMPONENTS.—The Attorney General
may use the National Institute of Justice and the Office
for Victims of Crime in carrying out this section.
SEC. 302. 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.
Subtitle 
B—Justice 
Department
Task Force on Violence Against
Women
SEC. 311. 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 Attorney General’s Task Force
on Violence Against Women (referred to in this subtitle
as the ‘‘Task Force’’).
SEC. 312. GENERAL PURPOSES OF TASK FORCE.
(a) GENERAL PURPOSE OF THE TASK FORCE.—The
Task Force shall review Federal, State, and local strate-
gies for preventing and punishing violent crimes against
women, including the enhancement and protection of the
rights of the victims of such crimes, and make rec-
ommendations to improve the response to such crimes.
(b) FUNCTIONS.—The Task Force shall perform such
functions as the Attorney General deems appropriate to
carry out the purposes of the Task Force, including—
(1) evaluating the adequacy of, and making rec-
ommendations regarding, current law enforcement
efforts at the Federal and State levels to reduce the
rate of violent crimes against women;
(2) evaluating the adequacy of, and making rec-
ommendations regarding, the responsiveness of State
prosecutors and State courts to violent crimes
against women;
(3) evaluating the adequacy of State and Fed-
eral rules of evidence, practice, and procedure to en-
sure the effective prosecution and conviction of vio-
lent offenders against women and to protect victims
from abuse in legal proceedings, making rec-
ommendations, where necessary, to improve those
rules;
(4) evaluating the adequacy of pretrial release,
sentencing, incarceration, and post-conviction release
for crimes that predominantly affect women, such as
rape and domestic violence;
(5) evaluating the adequacy of, and making rec-
ommendations regarding, the adequacy of State and
Federal laws on sexual assault and the need for a
more uniform statutory response to sex offenses, in-
cluding sexual assaults and other sex offenses com-
mitted by offenders who are known or related by
blood or marriage to the victim;
(6) evaluating the adequacy of, and making rec-
ommendations regarding, the adequacy of State and
Federal laws on domestic violence and the need for
a more uniform statutory response to domestic vio-
lence;
(7) evaluating the adequacy of, and making rec-
ommendations regarding, the adequacy of current
education, prevention, and protection services for
women victims of violent crimes;
(8) assessing the issuance, formulation, and en-
forcement of protective orders, whether or not relat-
ed to a criminal proceeding, and making rec-
ommendations for their more effective use in domes-
tic violence and stalking cases;
(9) assessing the problem of stalking and per-
sistent menacing and recommending an effective
Federal response to the problem;
(10) evaluating the adequacy of, and making
recommendations regarding, the national public
awareness and the public dissemination of informa-
tion essential to the prevention of violent crimes
against women;
(11) evaluating the treatment of women as vic-
tims of violent crime in the State and Federal crimi-
nal justice system, and making recommendations to
improve such treatment; and
(12) assessing the problem of sexual exploi-
tation of women and youths through prostitution
and in the production of pornography, and rec-
ommending effective means of response to the prob-
lem.
SEC. 313. MEMBERSHIP.
(a) CHAIR; NUMBER AND APPOINTMENT.—The Task
Force shall be chaired by the Attorney General (or des-
ignee). Not later than 60 days after the date of the enact-
ment of this Act, after consultation with the Secretary of
Health and Human Services, the Secretary of Education,
and the Secretary of Housing and Urban Development,
the Attorney General shall select up to 14 other members
to serve on the Task Force.
(b) PARTICIPATION.—The Attorney General (or des-
ignee) shall select, without regard to political affiliation,
members who are specially qualified to serve on the Task
Force based on their involvement in efforts to combat vio-
lence against women, assistance or service to victims of
such violence, or other pertinent experience or expertise.
The Attorney General shall ensure that the Task Force
includes a broad base of participation by including mem-
bers with backgrounds in such areas as law enforcement,
victim services and advocacy, legal defense and prosecu-
tion, judicial administration, medical services, and coun-
seling.
(c) VACANCIES.—The Attorney General may fill any
vacancy that occurs on the Task Force.
SEC. 314. TASK FORCE OPERATIONS.
(a) MEETINGS.—The Task Force shall hold its first
meeting on a date specified by the Attorney General (or
designee), but shall not be later than 60 days after the
date of the enactment of this Act. After the initial meet-
ing, the Task Force shall meet at the call of the Attorney
General (or designee), but shall meet at least 6 times.
(b) PAY.—Members of the Task Force who are offi-
cers or employees or elected officials of a government en-
tity shall receive no additional compensation by reason of
their service on the Task Force.
(c) PER DIEM.—Except as provided in subsection
(b), members of the Task Force shall be allowed travel
and other expenses including per diem in lieu of subsist-
ence, at rates authorized for employees of agencies under
sections 5702 and 5703 of title 5, United States Code.
SEC. 315. REPORTS.
(a) IN GENERAL.—Not later than 1 year after the
date on which the Task Force is fully constituted under
section 313, the Task Force shall prepare and submit a
final report to the President and to congressional commit-
tees that have jurisdiction over legislation addressing vio-
lent crimes against women, including the crimes of domes-
tic and sexual assault.
(b) CONTENTS.—The final report submitted under
paragraph (1) shall contain a detailed statement of the
activities of the Task Force and of the findings and con-
clusions of the Task Force, including such recommenda-
tions for legislation and administrative action as the Task
Force considers appropriate.
SEC. 316. 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 (or designee), with the approval of
the Task Force.
(2) COMPENSATION.—The Executive Director
shall be compensated at a rate not to exceed the
maximum rate of the basic pay payable for a posi-
tion above GS–15 of the General Schedule contained
in title 5, United States Code.
(b) STAFF.—With the approval of the Task Force,
the Executive Director may appoint and fix the compensa-
tion 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 or intermittent services under section
3109(b) of title 5, United States Code, at rates for individ-
uals not to exceed $200 per day.
SEC. 317. POWERS OF TASK FORCE.
(a) HEARINGS.—For the purposes of carrying out
this subtitle, 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
appropriate. The Task Force may administer oaths for
testimony 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 subtitle.
(c) ACCESS TO INFORMATION.—The Task Force may
request directly from any executive department or agency
such information as may be necessary to enable the Task
Force to carry out this subtitle, on the request of the At-
torney General (or designee).
(d) MAILS.—The Task Force may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
SEC. 318. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this subtitle $500,000 for fiscal year 1994.
SEC. 319. TERMINATION.
The Task Force shall cease to exist 30 days after the
date on which its final report is submitted under section
315.
Subtitle C—STD Testing
SEC. 321. PAYMENT OF COST OF STD TESTING FOR VICTIMS
IN SEX OFFENSE CASES.
Section 503(c)(7) of the Victims’ Rights and Restitu-
tion Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by
adding at the end the following: ‘‘The Attorney General
shall authorize the Director of the Office of Victims of
Crime to provide for the payment of the cost of up to two
tests of the victim for sexually transmitted diseases, in-
cluding, but not limited to gonorrhea, herpes, chlamydia,
syphilis, and HIV, during the 12 months following sexual
assaults that pose a risk of transmission, and the cost of
a counseling session by a medically trained professional
on the accuracy of such tests and the risk of transmission
of sexually transmitted diseases to the victim as the result
of the assault.’’.
Subtitle D—Grant Programs
SEC. 
331. 
NATIONAL 
DOMESTIC 
VIOLENCE 
HOTLINE
GRANT.
(a) FINDINGS.—Congress finds that—
(1) 4,000,000 women are battered by their
partners each year, of which 4,000 die as a result
of such abuse;
(2) victims of domestic violence need access to
resources which will refer such victims and their
children to safe homes and shelters; and
(3) there is a need for a national domestic vio-
lence hotline to provide information and assistance
to victims of domestic violence because a privately
funded national domestic violence hotline which han-
dled more than 65,000 crisis calls annually no longer
exists.
(b) IN GENERAL.—The Attorney General, through
the Bureau of Justice Assistance, shall provide a grant
to a nonprofit private organization to establish and oper-
ate a national, toll-free telephone hotline to provide infor-
mation and assistance to victims of domestic violence. A
grant provided under this subsection may extend over a
period of not more than 3 fiscal years and the provision
of payments under such grant shall be subject to annual
approval by the Attorney General and subject to the avail-
ability of appropriations for the fiscal year involved to
make the payments.
(c) APPLICATION.—
(1) IN GENERAL.—The Attorney General may
not provide a grant under subsection (b) unless an
application that meets the requirements of para-
graph (2) has been approved by the Attorney
General.
(2) REQUIREMENTS.—An application meets the
requirements of this paragraph if the application—
(A) contains such agreements, assurances,
and information, and is in such form and sub-
mitted in such manner as the Attorney General
shall prescribe through notice in the Federal
Register;
(B) demonstrates that the applicant has
nationally recognized expertise in the area of
domestic violence and a record of high quality
service to victims of domestic violence, including
support from advocacy groups, particularly
State coalitions and recognized national domes-
tic violence groups;
(C) demonstrates that the applicant has a
commitment to diversity, including the hiring of
and provision of services to ethnic, racial, cul-
tural, and non-English speaking minorities, in
addition to older individuals and individuals
with disabilities;
(D) demonstrates that the applicant has
the ability to integrate the hotline into existing
services provided by the applicant to victims of
domestic violence;
(E) includes a complete description of the
applicant’s plan for the establishment and oper-
ation of the hotline, including a description of—
(i) the hiring criteria and training
program for hotline personnel;
(ii) the methods for the creation,
maintenance, and updating of a resource
database for the hotline;
(iii) a plan for providing service on a
24-hour-a-day basis to non-English speak-
ing callers, including hotline personnel who
speak Spanish;
(iv) a plan for access to the hotline by
individuals with hearing impairments; and
(v) a plan for publicizing the availabil-
ity of the hotline; and
(F) contains such other information as the
Attorney General may require.
(d) SELECTION.—The Attorney General shall select
a nonprofit private organization to receive a grant under
subsection (b) which has been in existence for at least 5
years from the date of submission of the application by
the organization.
(e) USES.—A grant made under subsection (b) shall
be used to establish and operate a national, toll-free tele-
phone hotline to provide information and assistance to vic-
tims of domestic violence. In establishing and operating
the hotline, a nonprofit private organization shall—
(1) contract with a carrier for the use of a toll-
free telephone line;
(2) employ, train, and supervise personnel to
answer incoming calls and provide counseling and
referral services to callers on a 24-hour-a-day basis;
(3) establish, maintain, and update a database
of information relating to services for victims of do-
mestic violence, including information on the avail-
ability of shelters that serve battered women; and
(4) publicize the hotline to potential users
throughout the United States.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be
appropriated to carry out this section $1,000,000 for
each of the fiscal years 1994 through 1996.
(2) AVAILABILITY.—Funds authorized to be ap-
propriated under paragraph (1) shall remain avail-
able until expended.
SEC. 332. GRANTS FOR COMMUNITY PROGRAMS ON DOMES-
TIC VIOLENCE.
(a) IN GENERAL.—Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 221 of this Act, is amend-
ed by—
(1) redesignating part T as part U;
(2) redesignating section 2001 as section 2101;
and
(3) adding after part S the following new part:
‘‘PART T—GRANTS FOR COMMUNITY PROGRAMS
ON DOMESTIC VIOLENCE.
‘‘SEC. 2001. GRANT AUTHORITY.
‘‘The Director shall provide grants to establish
projects in local communities involving many sectors of
each community to coordinate intervention and prevention
of domestic violence.
‘‘SEC. 2002. APPLICATIONS.
‘‘(a) IN GENERAL.—An organization that desires to
receive a grant under this section shall submit to the Di-
rector an application, in such form and in such manner
as the Director may reasonably require that—
‘‘(1) demonstrates that the applicant will serve
a community leadership function, bringing together
opinion leaders from each sector of the community
to develop a coordinated community consensus op-
posing domestic violence;
‘‘(2) demonstrates a community action compo-
nent to improve and expand current intervention and
prevention strategies through increased communica-
tion and coordination among all affected sectors;
‘‘(3) includes a complete description of the ap-
plicant’s plan for the establishment and operation of
the community project, including a description of—
‘‘(A) the method for identification and se-
lection of an administrative committee made up
of persons knowledgeable in domestic violence
to oversee the project, hire staff, assure compli-
ance with the project outline, and secure annual
evaluation of the project;
‘‘(B) the method for identification and se-
lection of project staff and a project evaluator;
‘‘(C) the method for identification and se-
lection of a project council consisting of rep-
resentatives of the community sectors listed in
subsection (b)(2);
‘‘(D) the method for identification and se-
lection of a steering committee consisting of
representatives of the various community sec-
tors who will chair subcommittees of the project
council focusing on each of the sectors; and
‘‘(E) a plan for developing outreach and
public education campaigns regarding domestic
violence; and
‘‘(4) contains such other information, agree-
ments, and assurances as the Director may require.
‘‘(b) ELIGIBILITY.—To be eligible for a grant under
this section, such application shall include—
‘‘(1) an assurance that the applicant is a non-
profit private organization organized for the purpose
of coordinating community projects for the interven-
tion in and prevention of domestic violence; and
‘‘(2) an assurance that such nonprofit organiza-
tion includes representation from pertinent sectors
of the local community, including—
‘‘(A) health care providers;
‘‘(B) the education community;
‘‘(C) the religious community;
‘‘(D) the justice system;
‘‘(E) domestic violence program advocates;
‘‘(F) human service entities such as State
child services divisions; and
‘‘(G) business and civic leaders.
‘‘SEC. 2003. AWARD OF GRANTS.
‘‘(a) TERM.—A grant provided under this section
may extend over a period of not more than 3 fiscal years.
‘‘(b) CONDITIONS ON PAYMENT.—Payments under a
grant under this section shall be subject to—
‘‘(1) annual approval by the Director; and
‘‘(2) availability of appropriations.
‘‘(c) GEOGRAPHICAL
DISPERSION.—The Director
shall award grants under this section to organizations in
communities geographically dispersed throughout the
country.
‘‘SEC. 2004. USES OF FUNDS.
‘‘(a) IN GENERAL.—A grant made under subsection
(a) shall be used to establish and operate a community
project to coordinate intervention and prevention of do-
mestic violence.
‘‘(b) REQUIREMENTS.—In establishing and operating
a project, a nonprofit private organization shall—
‘‘(1) establish protocols to improve and expand
domestic violence intervention and prevention strate-
gies among all affected sectors;
‘‘(2) develop action plans to direct responses
within each community sector that are in conjunc-
tion with development in all other sectors; and
‘‘(3) provide for periodic evaluation of the
project with a written report and analysis to assist
application of this concept in other communities.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
1001 of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended by adding after paragraph (13), as
added by section 221 of this Act, the following:
‘‘(14) There are authorized to be appropriated to
carry out part T $20,000,000 for fiscal year 1994 and
such sums as are necessary for each of the fiscal years
1995, 1996, and 1997, to remain available until ex-
pended.’’.
(c) 
ADMINISTRATIVE
PROVISIONS.—(1) 
Section
801(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended by section 221 of this
Act, is amended by striking ‘‘O, Q, R, and S’’ and insert-
ing ‘‘O, Q, R, S, and T’’; and
(2) Section 802(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended by sec-
tion 221 of this Act, is amended by striking ‘‘O, Q, R,
or S’’ and inserting ‘‘O, Q, R, S, or T’’.
(d) CONFORMING AMENDMENT.—The table of con-
tents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 221 of this Act, is amended by striking the mat-
ter relating to part T and inserting the following:
‘‘PART T—GRANTS FOR COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
‘‘Sec. 2001. Grant authority.
‘‘Sec. 2002. Applications.
‘‘Sec. 2003. Award of grants.
‘‘Sec. 2004. Uses of funds.
‘‘PART U—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.
TITLE IV—EQUAL JUSTICE FOR
WOMEN IN THE COURTS
Subtitle A—Education and Train-
ing for Judge and Court Person-
nel in State Courts
SEC. 401. GRANTS AUTHORIZED.
The State Justice Institute is authorized to award
grants for the purpose of developing, testing, presenting,
and disseminating model programs to be used by States
in training judges and court personnel in the laws of the
States on rape, sexual assault, domestic violence, and
other crimes of violence motivated by gender.
SEC. 402. TRAINING PROVIDED BY GRANTS.
Training provided pursuant to grants made under
this subtitle may include current information, existing
studies, or current data on—
(1) the nature and incidence of rape and sexual
assault by strangers and nonstrangers, marital rape,
and incest;
(2) the underreporting of rape, sexual assault,
and child sexual abuse;
(3) the physical, psychological, and economic
impact of rape and sexual assault on the victim, the
costs to society, and the implications for sentencing;
(4) the psychology of sex offenders, their high
rate of recidivism, and the implications for sentenc-
ing;
(5) the historical evolution of laws and attitudes
on rape and sexual assault;
(6) sex stereotyping of female and male victims
of rape and sexual assault, racial stereotyping of
rape victims and defendants, and the impact of such
stereotypes on credibility of witnesses, sentencing,
and other aspects of the administration of justice;
(7) application of rape shield laws and other
limits on introduction of evidence that may subject
victims to improper sex stereotyping and harassment
in both rape and nonrape cases, including the need
for sua sponte judicial intervention in inappropriate
cross-examination;
(8) the use of expert witness testimony on rape
trauma syndrome, child sexual abuse accommodation
syndrome, post-traumatic stress syndrome, and simi-
lar issues;
(9) the legitimate reasons why victims or rape,
sexual assault, domestic violence, and incest may
refuse to testify against a defendant;
(10) the nature and incidence of domestic vio-
lence;
(11) the physical, psychological, and economic
impact of domestic violence on the victim, the costs
to society, and the implications for court procedures
and sentencing;
(12) the psychology and self-presentation of
batterers and victims and the negative implications
for court proceedings and credibility of witnesses;
(13) sex stereotyping of female and male vic-
tims of domestic violence, myths about presence or
absence of domestic violence in certain racial, ethnic,
religious, or socioeconomic groups, and their impact
on the administration of justice;
(14) historical evolution of laws and attitudes
on domestic violence;
(15) proper and improper interpretations of the
defenses of self-defense and provocation, and the use
of expert witness testimony on battered woman syn-
drome;
(16) the likelihood of retaliation, recidivism,
and escalation of violence by batterers, and the po-
tential impact of incarceration and other meaningful
sanctions for acts of domestic violence including vio-
lations of orders of protection;
(17) economic, psychological, social and institu-
tional reasons for victims’ inability to leave the
batterer, to report domestic violence or to follow
through on complaints, including the influence of
lack of support from police, judges, and court per-
sonnel, and the legitimate reasons why victims of do-
mestic violence may refuse to testify against a de-
fendant and should not be held in contempt;
(18) the need for orders of protection, and the
negative implications of mutual orders of protection,
dual arrest policies, and mediation in domestic vio-
lence cases; and
(19) recognition of and response to gender-
motivated crimes of violence other than rape, sexual
assault and domestic violence, such as mass or serial
murder motivated by the gender of the victims.
SEC. 403. COOPERATION IN DEVELOPING PROGRAMS.
The State Justice Institute shall ensure that model
programs carried out pursuant to grants made under this
subtitle are developed with the participation of law en-
forcement officials, public and private nonprofit victim ad-
vocates, legal experts, prosecutors, defense attorneys, and
recognized experts on gender bias in the courts.
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal year
1994, $600,000 to carry out the purposes of this subtitle.
Of amounts appropriated under this section, the State
Justice Institute shall expend no less than 40 percent on
model programs regarding domestic violence and no less
than 40 percent on model programs regarding rape and
sexual assault.
Subtitle B—Education and Train-
ing for Judges and Court Per-
sonnel in Federal Courts
SEC. 411. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU-
CATION AND TRAINING GRANTS.
(a) STUDY.—In order to gain a better understanding
of the nature and the extent of gender bias in the Federal
courts, the circuit judicial councils are encouraged to con-
duct studies of the instances of gender bias in their respec-
tive circuits. The studies may include an examination of
the effects of gender on—
(1) the treatment of litigants, witnesses, attor-
neys, jurors, and judges in the courts, including be-
fore magistrate and bankruptcy judges;
(2) the interpretation and application of the
law, both civil and criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes;
(5) sentencing;
(6) sentencing alternatives, facilities for incar-
ceration, and the nature of supervision of probation,
parole, and supervised release;
(7) appointments to committees of the Judicial
Conference and the courts;
(8) case management and court sponsored al-
ternative dispute resolution programs;
(9) the selection, retention, promotion, and
treatment of employees;
(10) appointment of arbitrators, experts, and
special masters;
(11) the admissibility of past sexual history in
civil and criminal cases; and
(12) the aspects of the topics listed in section
402 that pertain to issues within the jurisdiction of
the Federal courts.
(b) CLEARINGHOUSE.—The Judicial Conference of
the United States shall designate an entity within the Ju-
dicial Branch to act as a clearinghouse to disseminate any
reports and materials issued by the gender bias task forces
under subsection (a) and to respond to requests for such
reports and materials. The gender bias task forces shall
provide this entity with their reports and related material.
(c) MODEL PROGRAMS.—The Federal Judicial Cen-
ter, in carrying out section 620(b)(3) of title 28, United
States Code, shall—
(1) include in the educational programs it pre-
sents and prepares, including the training programs
for newly appointed judges, information on issues re-
lated to gender bias in the courts including such
areas as are listed in subsection (a) along with such
other topics as the Federal Judicial Center deems
appropriate;
(2) prepare materials necessary to implement
this subsection; and
(3) take into consideration the findings and rec-
ommendations of the studies conducted pursuant to
subsection (a), and to consult with individuals and
groups with relevant expertise in gender bias issues
as it prepares or revises such materials.
SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated—
(1) $600,000 to the Salaries and Expenses Ac-
count of the Courts of Appeals, District Courts, and
other Judicial Services, to carry out section 411(a),
to be available until expended through fiscal year
1996;
(2) $100,000 to the Federal Judicial Center to
carry out section 411(c) and any activities des-
ignated by the Judicial Conference under section
411(b); and
(3) such sums as are necessary to the Adminis-
trative Office of the United States Courts to carry
out any activities designated by the Judicial Con-
ference under section 411(b).
(b) THE JUDICIAL CONFERENCE OF THE UNITED
STATES.—(1) The Judicial Conference of the United
States Courts shall allocate funds to Federal circuit courts
under this subtitle that—
(A) undertake studies in their own circuits; or
(B) implement reforms recommended as a re-
sult of such studies in their own or other circuits,
including education and training.
(2) Funds shall be allocated to Federal circuits under
this subtitle on a first come first serve basis in an amount
not to exceed $100,000 on the first application. If within
6 months after the date on which funds authorized under
this Act become available, funds are still available, circuits
that have received funds may reapply for additional funds,
with not more than $200,000 going to any one circuit.
Subtitle C—Evidentiary Rules
SEC. 421. EXPERT TESTIMONY OF DOMESTIC VIOLENCE.
(a) FINDINGS.—The Congress finds that—
(1) State criminal courts often fail to admit ex-
pert testimony offered by a defendant concerning the
nature and effect of physical, sexual, and mental
abuse to assist the trier of fact in assessing the be-
havior, beliefs, or perceptions of such defendant in
a domestic relationship in which abuse has occurred;
(2) the average juror often has little under-
standing of the nature and effect of domestic vio-
lence on such a defendant’s behavior, beliefs, or per-
ceptions, and the lack of understanding can result in
the juror blaming the woman for her victimization;
(3) the average juror is often unaware that vic-
tims of domestic violence are frequently in greater
danger of violence after they terminate or attempt to
terminate domestic relationships with their abuser;
(4) myths, misconceptions, and victim-blaming
attitudes are often held not only by the average lay
person but also by many in the criminal justice sys-
tem, insofar as the criminal justice system tradition-
ally has failed to protect women from violence at the
hands of men;
(5) specialized knowledge of the nature and ef-
fect of domestic violence is sufficiently established to
have gained the general acceptance which is required
for the admissibility of expert testimony;
(6) although both men and women can be vic-
tims of physical, sexual, and mental abuse by their
partners in domestic relationships, the most frequent
victims are women; and
(7) a woman is more likely to be assaulted and
injured, raped, or killed by her current or former
male partner than by any other type of assailant,
and over one-half of all women murdered are killed
by their current or former male partners.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that the executive branch, working through the
State Justice Institute, should examine programs which
would allow the States to consider—
(1) that expert testimony concerning the nature
and effect of domestic violence, including descrip-
tions of the experiences of battered women, be ad-
missible when offered in a State court by a defend-
ant in a criminal case to assist the trier of fact in
understanding the behavior, beliefs, or perceptions of
such defendant in a domestic relationship in which
abuse has occurred;
(2) that a witness be qualified to testify as an
expert witness based upon her or his knowledge,
skill, experience, training, or education, and be per-
mitted to testify in the form of an opinion or other-
wise; and
(3) that expert testimony about a domestic rela-
tionship be admissible to include testimony of rela-
tionships between spouses, former spouses, cohabi-
tants, former cohabitants, partners or former part-
ners, and between persons who are in, or have been
in, a dating, courtship, or intimate relationship.
Passed the House of Representatives November 20,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 1133 RFS——2
HR 1133 RFS——3
HR 1133 RFS——4
HR 1133 RFS——5
HR 1133 RFS——6