H. R. 3355—153
the victim named in the order to receive the restitution or upon
motion of the United States.
‘‘(3) A defendant found to be delinquent may subsequently
seek a written finding from the court that the defendant has rec-
tified the delinquency or that the defendant has made and will
make good faith efforts to rectify the delinquency. The defendant’s
eligibility for Federal benefits shall be reinstated upon receipt by
the agency of a certified copy of such a finding.
‘‘(4) In this subsection, ‘Federal benefit’ means a grant, contract,
loan, professional license, or commercial license provided by an
agency of the United States.’’.
SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.
(a) STUDY.—The Attorney General, in consultation with the
Secretary of Education, shall provide for a national baseline study
to examine the scope of the problem of campus sexual assaults
and the effectiveness of institutional and legal policies in addressing
such crimes and protecting victims. The Attorney General may
utilize the Bureau of Justice Statistics, the National Institute of
Justice, and the Office for Victims of Crime in carrying out this
section.
(b) REPORT.—Based on the study required by subsection (a)
and data collected under the Student Right-To-Know and Campus
Security Act (20 U.S.C. 1001 note; Public Law 101–542) and amend-
ments made by that Act, the Attorney General shall prepare a
report including an analysis of—
(1) the number of reported allegations and estimated num-
ber of unreported allegations of campus sexual assaults, and
to whom the allegations are reported (including authorities
of the educational institution, sexual assault victim service
entities, and local criminal authorities);
(2) the number of campus sexual assault allegations
reported to authorities of educational institutions which are
reported to criminal authorities;
(3) the number of campus sexual assault allegations that
result in criminal prosecution in comparison with the number
of non-campus sexual assault allegations that result in criminal
prosecution;
(4) Federal and State laws or regulations pertaining specifi-
cally to campus sexual assaults;
(5) the adequacy of policies and practices of educational
institutions in addressing campus sexual assaults and protect-
ing victims, including consideration of—
(A) the security measures in effect at educational
institutions, such as utilization of campus police and secu-
rity guards, control over access to grounds and buildings,
supervision of student activities and student living arrange-
ments, control over the consumption of alcohol by students,
lighting, and the availability of escort services;
(B) the articulation and communication to students
of the institution’s policies concerning sexual assaults;
(C) policies and practices that may prevent or discour-
age the reporting of campus sexual assaults to local crimi-
nal authorities, or that may otherwise obstruct justice or
interfere with the prosecution of perpetrators of campus
sexual assaults;
H. R. 3355—154
(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 ade-
quately and fairly;
(F) measures that are taken to ensure that victims
are free of unwanted contact with alleged assailants, and
disciplinary sanctions that are imposed when a sexual
assault is determined to have occurred; and
(G) the grounds on which educational institutions are
subject to lawsuits based on campus sexual assaults, the
resolution of these cases, and measures that can be taken
to avoid the likelihood of lawsuits and civil liability;
(6) in conjunction with the report produced by the Depart-
ment of Education in coordination with institutions of education
under the Student Right-To-Know and Campus Security Act
(20 U.S.C. 1001 note; Public Law 101–542) and amendments
made by that Act, an assessment of the policies and practices
of educational institutions that are of greatest effectiveness
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 assaults and protect
victims more effectively, and any other matters that the Attor-
ney General deems relevant to the subject of the study and
report required by this section.
(c) SUBMISSION OF REPORT.—The report required by subsection
(b) shall be submitted to the Congress no later than September
1, 1996.
(d) DEFINITION.—For purposes of this section, ‘‘campus sexual
assaults’’ includes sexual assaults occurring at institutions of post-
secondary education and sexual assaults committed against or by
students or employees of such institutions.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out the study required by this section—
$200,000 for fiscal year 1996.
SEC. 40507. REPORT ON BATTERED WOMEN’S SYNDROME.
(a) REPORT.—Not less than 1 year after the date of enactment
of this Act, the Attorney General and the Secretary of Health
and Human Services shall transmit to the House Committee on
Energy and Commerce, the Senate Committee on Labor and Human
Resources, and the Committees on the Judiciary of the Senate
and the House of Representatives a report on the medical and
psychological basis of ‘‘battered women’s syndrome’’ and on the
extent to which evidence of the syndrome has been considered
in criminal trials.
(b) COMPONENTS.—The report under subsection (a) shall
include—
(1) medical and psychological testimony on the validity
of battered women’s syndrome as a psychological condition;
(2) a compilation of State, tribal, and Federal court cases
in which evidence of battered women’s syndrome was offered
in criminal trials; and
H. R. 3355—155
(3) an assessment by State, tribal, and Federal judges,
prosecutors, and defense attorneys of the effects that evidence
of battered women’s syndrome may have in criminal trials.
SEC. 40508. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VIC-
TIMS 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 estranged or former
spouses, notwithstanding the desire of the victims to have such
information withheld to avoid further exposure to abuse. Based
on the study, the Attorney General shall transmit a report to
Congress including—
(1) the findings of the study concerning the means by
which information concerning the addresses or locations of
abused spouses may be obtained by abusers; and
(2) analysis of the feasibility of creating effective means
of protecting the confidentiality of information concerning the
addresses and locations of abused spouses to protect such per-
sons from exposure 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. 40509. REPORT ON RECORDKEEPING RELATING TO DOMESTIC
VIOLENCE.
Not later than 1 year after the date of enactment of this
Act, the Attorney General shall complete a study of, and shall
submit to Congress a report and recommendations on, problems
of recordkeeping of criminal complaints involving domestic violence.
The study and report shall examine—
(1) the efforts that have been made by the Department
of Justice, including the Federal Bureau of Investigation, to
collect statistics on domestic violence; and
(2) the feasibility of requiring that the relationship between
an offender and victim be reported in Federal records of crimes
of aggravated assault, rape, and other violent crimes.
Subtitle F—National Stalker and Domestic
Violence Reduction
SEC. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMA-
TION DATABASES.
(a) ACCESS AND ENTRY.—Section 534 of title 28, United States
Code, is amended by adding at the end the following:
‘‘(e)(1) Information from national crime information databases
consisting of identification records, criminal history records, protec-
tion orders, and wanted person records may be disseminated to
civil or criminal courts for use in domestic violence or stalking
cases. Nothing in this subsection shall be construed to permit
access to such records for any other purpose.
‘‘(2) Federal and State criminal justice agencies authorized
to enter information into criminal information databases may
include—
H. R. 3355—156
‘‘(A) arrests, convictions, and arrest warrants for stalking
or domestic violence or for violations of protection orders for
the protection of parties from stalking or domestic violence;
and
‘‘(B) protection orders for the protection of persons from
stalking or domestic violence, provided such orders are subject
to periodic verification.
‘‘(3) As used in this subsection—
‘‘(A) the term ‘national crime information databases’ means
the National Crime Information Center and its incorporated
criminal history databases, including the Interstate Identifica-
tion Index; and
‘‘(B) the term ‘protection order’ includes an injunction or
any other order issued for the purpose of preventing violent
or threatening acts or harassment against, or contact or commu-
nication with or physical proximity to, another person, including
temporary and final orders issued by civil or criminal courts
(other than support or child custody orders) whether obtained
by filing an independent action or as a pendente lite order
in another proceeding so long as any civil order was issued
in response to a complaint, petition, or motion filed by or
on behalf of a person seeking protection.’’.
(b) RULEMAKING.—The Attorney General may make rules to
carry out the subsection added to section 534 of title 28, United
States Code, by subsection (a), after consultation with the officials
charged with managing the National Crime Information Center
and the Criminal Justice Information Services Advisory Policy
Board.
SEC. 40602. GRANT PROGRAM.
(a) IN GENERAL.—The Attorney General is authorized to provide
grants to States and units of local government to improve processes
for entering data regarding stalking and domestic violence into
local, State, and national crime information databases.
(b) ELIGIBILITY.—To be eligible to receive a grant under sub-
section (a), a State or unit of local government shall certify that
it has or intends to establish a program that enters into the
National Crime Information Center records of—
(1) warrants for the arrest of persons violating protection
orders intended to protect victims from stalking or domestic
violence;
(2) arrests or convictions of persons violating protection
or domestic violence; and
(3) protection orders for the protection of persons from
stalking or domestic violence.
SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this sub-
title—
(1) $1,500,000 for fiscal year 1996;
(2) $1,750,000 for fiscal year 1997; and
(3) $2,750,000 for fiscal year 1998.
SEC. 40604. APPLICATION REQUIREMENTS.
An application for a grant under this subtitle shall be submitted
in such form and manner, and contain such information, as the
Attorney General may prescribe. In addition, applications shall
include documentation showing—