181
vide the alien with appropriate immigration visas and
allow the alien to remain in the United States so long as
that alien abides by all laws of the United States and
guidelines, rules and regulations for protection. The Attor-
ney General may determine that the granting of perma-
nent resident status to such alien is in the public interest
and necessary for the safety and protection of such alien
without regard to the alien’s admissibility under immigra-
tion or any other laws and regulations or the failure to
comply with such laws and regulations pertaining to ad-
missibility.
‘‘(b) ALIEN WITH FELONY CONVICTIONS.—Notwith-
standing any other provision of this chapter, an alien who
would not be excluded because of felony convictions shall
be considered for permanent residence on a conditional
basis for a period of 2 years. Upon a showing that the
alien is still being provided protection, or that protection
remains available to the alien in accordance with this
chapter, or that the alien is still cooperating with the Gov-
ernment and has maintained good moral character, the
Attorney General shall remove the conditional basis of the
status effective as of the second anniversary of the alien’s
obtaining the status of admission for permanent residence.
Permanent resident status shall not be granted to an alien
who would be excluded because of felony convictions unless
182
the Attorney General determines, pursuant to regulations
which shall be prescribed by the Attorney General, that
granting permanent residence status to the alien is nec-
essary in the interests of justice and comports with safety
of the community.
‘‘(c) LIMIT ON NUMBER OF ALIENS.—The number
of aliens and members of their immediate families entering
the United States under the authority of this section shall
in no case exceed 200 persons in any fiscal year. The deci-
sion to grant or deny permanent resident status under this
section is at the discretion of the Attorney General and
shall not be subject to judicial review.
‘‘(d) DEFINITIONS.—As used in this section, the
terms ‘alien’ and ‘United States’ have the meanings stated
in section 101 of the Immigration and Nationality Act (8
U.S.C. 1101).’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 224 of title 18, United States Code, is amend-
ed by striking the item relating to section 3528 and insert-
ing the following:
‘‘3528. Aliens; waiver of admission requirements.
‘‘3529. Definition.’’.
183
SEC. 705. TERRITORIAL SEA EXTENDING TO 12 MILES IN-
CLUDED IN SPECIAL MARITIME AND TERRI-
TORIAL JURISDICTION.
The Congress declares that all the territorial sea of
the United States, as defined by Presidential Proclamation
5928 of December 27, 1988, is part of the United States,
subject to its sovereignty, and, for purposes of Federal
criminal jurisdiction, is within the special maritime and
territorial jurisdiction of the United States wherever that
term is used in title 18, United States Code.
SEC. 706. ASSIMILATED CRIMES IN EXTENDED TERRI-
TORIAL SEA.
Section 13 of title 18, United States Code is amend-
ed—
(1) in subsection (a), by inserting after ‘‘title’’
the following: ‘‘or on, above, or below any portion of
the territorial sea of the United States not within
the territory of any State, territory, possession, or
district’’; and
(2) by inserting at the end the following new
subsection:
‘‘(c) Whenever any waters of the territorial sea of the
United States lie outside the territory of any State, terri-
tory, possession, or district, such waters (including the air-
space above and the seabed and subsoil below, and artifi-
cial islands and fixed structures erected thereon) shall be
184
deemed for purposes of subsection (a) to lie within the
area of the State, territory, possession, or district within
which it would lie if the boundaries of the State, territory,
possession, or district were extended seaward to the outer
limit of the territorial sea of the United States.’’.
SEC. 707. JURISDICTION OVER CRIMES AGAINST UNITED
STATES NATIONALS ON CERTAIN FOREIGN
SHIPS.
Section 7 of title 18, United States Code, is amended
by inserting at the end the following new paragraph:
‘‘(8) Any foreign vessel during a voyage having
a scheduled departure from or arrival in the United
States with respect to an offense committed by or
against a national of the United States.’’.
SEC. 708. PENALTIES FOR INTERNATIONAL TERRORIST
ACTS.
Section 2332 of title 18, United States Code, as re-
designated by section 601(a)(2), is amended—
(1) in subsection (a)—
(A) in paragraph (2) by striking ‘‘ten’’ and
inserting ‘‘20’’; and
(B) in paragraph (3) by striking ‘‘three’’
and inserting ‘‘10’’; and
(2) in subsection (c) by striking ‘‘five’’ and in-
serting ‘‘10’’.
185
SEC. 709. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated in each of
the fiscal years 1994, 1995, and 1996, in addition to any
other amounts specified in appropriations Acts, for
counterterrorist operations and programs—
(1) for the Federal Bureau of Investigation,
$25,000,000;
(2) for the Department of State, $10,000,000;
(3) for the United States Customs Service,
$7,500,000;
(4) for the United States Secret Service,
$2,500,000;
(5) for the Bureau of Alcohol, Tobacco, and
Firearms, $2,500,000;
(6) for the Federal Aviation Administration,
$2,500,000;
(7) for the United States Marshals Service,
$2,500,000; and
(8) for grants to State and local law enforce-
ment agencies, to be administered by the Office of
Justice Programs in the Department of Justice, in
consultation with the Federal Bureau of Investiga-
tion, $25,000,000.
SEC. 710. ENHANCED PENALTIES FOR CERTAIN OFFENSES.
(a) INTERNATIONAL ECONOMIC EMERGENCY POW-
ERS ACT.—(1) Section 206(a) of the International Eco-
186
nomic Emergency Powers Act (50 U.S.C. 1705(a)) is
amended 
by 
striking 
‘‘$10,000’’ 
and 
inserting
‘‘$1,000,000’’.
(2) Section 206(b) of the International Economic
Emergency Powers Act (50 U.S.C. 1705(b)) is amended
by striking ‘‘$50,000’’ and inserting ‘‘$1,000,000’’.
(b) SECTION 1541 OF TITLE 18.—Section 1541 of
title 18, United States Code, is amended—
(1) 
by 
striking 
‘‘$500’’ 
and 
inserting
‘‘$250,000’’; and
(2) by striking ‘‘one year’’ and inserting ‘‘5
years’’.
(c) CHAPTER 75 OF TITLE 18.—Sections 1542,
1543, 1544, and 1546 of title 18, United States Code,
are each amended—
(1) by striking ‘‘$2,000’’ each place it appears
and inserting ‘‘$250,000’’; and
(2) by striking ‘‘five years’’ each place it ap-
pears and inserting ‘‘10 years’’.
(d) SECTION 1545 OF TITLE 18.—Section 1545 of
title 18, United States Code, is amended—
(1) 
by 
striking 
‘‘$2,000’’ 
and 
inserting
‘‘$250,000’’; and
(2) by striking ‘‘three years’’ and inserting ‘‘10
years’’.
187
SEC. 711. SENTENCING GUIDELINES INCREASE FOR TER-
RORIST CRIMES.
The United States Sentencing Commission shall
study and, if warranted, amend its sentencing guidelines
to provide an increase in the base offense level for any
felony, whether committed within or outside the United
States, that involves or is intended to promote inter-
national terrorism, unless such involvement or intent is
itself an element of the crime.
SEC. 712. EXTENSION OF THE STATUTE OF LIMITATIONS
FOR CERTAIN TERRORISM OFFENSES.
(a) IN GENERAL.—Chapter 213 of title 18, United
States Code, is amended by inserting after section 3285
the following new section:
‘‘§ 3286. Extension of statute of limitations for certain
terrorism offenses
‘‘Notwithstanding section 3282, no person shall be
prosecuted, tried, or punished for any offense involving a
violation of section 32, 36, 112, 351, 1116, 1203, 1361,
1751, 2280, 2281, 2332, 2339A, or 2340A of this title
or section 902 (i), (j), (k), (l), or (n) of the Federal Avia-
tion Act of 1958 (49 U.S.C. App. 1572 (i), (j), (k), (l),
and (n)), unless the indictment is found or the information
is instituted within 10 years next after such offense shall
have been committed.’’.
188
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 213 of title 18, United States Code, is amend-
ed by inserting after the item relating to section 3285 the
following new item:
‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.
SEC. 713. INTERNATIONAL PARENTAL KIDNAPPING.
(a) IN GENERAL.—Chapter 55 of title 18, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 1204. International parental kidnapping
‘‘(a) OFFENSE.—Whoever removes a child from the
United States or retains a child (who has been in the
United States) outside the United States with intent to
obstruct the lawful exercise of parental rights shall be
fined under this title, imprisoned not more than 3 years,
or both.
‘‘(b) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘child’ means a person who has
not attained the age of 16 years; and
‘‘(2) the term ‘parental rights’, with respect to
a child, means the right to physical custody of the
child—
‘‘(A) whether joint or sole (and includes
visiting rights); and
189
‘‘(B) whether arising by operation of law,
court order, or legally binding agreement of the
parties.
‘‘(c) RULE OF CONSTRUCTION.—This section does
not detract from The Hague Convention on the Civil As-
pects of International Parental Child Abduction, done at
The Hague on October 25, 1980.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 55 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘1204. International parental kidnapping.’’.
SEC. 
714. 
FOREIGN 
MURDER 
OF 
UNITED 
STATES
NATIONALS.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, as amended by section 141(a), is amended
by adding at the end the following new section:
‘‘§ 1120. Foreign murder of United States nationals
‘‘(a) OFFENSE.—Whoever kills or attempts to kill a
national of the United States while such national is out-
side the United States but within the jurisdiction of an-
other country shall be punished as provided under sections
1111, 1112, and 1113.
‘‘(b) APPROVAL OF PROSECUTION.—No prosecution
may be instituted against any person under this section
except upon the written approval of the Attorney General,
the Deputy Attorney General, or an Assistant Attorney
190
General, which function of approving prosecutions may
not be delegated. No prosecution shall be approved if pros-
ecution has been previously undertaken by a foreign coun-
try for the same act or omission.
‘‘(c) CRITERIA
FOR
APPROVAL.—No prosecution
shall be approved under this section unless the Attorney
General, in consultation with the Secretary of State, deter-
mines that the act or omission took place in a country
in which the person is no longer present, and the country
lacks the ability to lawfully secure the person’s return. A
determination by the Attorney General under this sub-
section is not subject to judicial review.
‘‘(d) ASSISTANCE FROM OTHER AGENCIES.—In the
course of the enforcement of this section and notwith-
standing any other law, the Attorney General may request
assistance from any Federal, State, local, or foreign agen-
cy, including the Army, Navy, and Air Force.
‘‘(e) DEFINITION.—As used in this section, the term
‘national of the United States’ has the meaning stated in
section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)).’’.
(b) TECHNICAL AMENDMENTS.—(1) Section 1117 of
title 18, United States Code, is amended by striking ‘‘or
1116’’ and inserting ‘‘1116, or 1120’’.
191
(2) The chapter analysis for chapter 51 of title 18,
United States Code, as amended by section 141(b), is
amended by adding at the end the following new item:
‘‘1120. Foreign murder of United States nationals.’’.
SEC. 715. EXTRADITION.
(a) SCOPE.—Section 3181 of title 18, United States
Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘The provisions of this chapter’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(b) SURRENDER WITHOUT REGARD TO EXISTENCE
OF EXTRADITION TREATY.—This chapter shall be con-
strued to permit, in the exercise of comity, the surrender
of persons who have committed crimes of violence against
nationals of the United States in foreign countries without
regard to the existence of any treaty of extradition with
such foreign government if the Attorney General certifies
in writing that—
‘‘(1) evidence has been presented by the foreign
government that indicates that, if the offenses had
been committed in the United States, they would
constitute crimes of violence (as defined under sec-
tion 16); and
‘‘(2) the offenses charged are not of a political
nature.
192
‘‘(c) DEFINITION.—As used in this section, the term
‘national of the United States’ has the meaning stated in
section 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)).’’.
(b) FUGITIVES.—Section 3184 of title 18, United
States Code, is amended—
(1) in the first sentence by inserting after
‘‘United States and any foreign government,’’ the
following: ‘‘or in cases arising under section
3181(b),’’;
(2) in the first sentence by inserting after
‘‘treaty or convention,’’ the following: ‘‘or provided
for under section 3181(b),’’; and
(3) in the third sentence by inserting after
‘‘treaty or convention,’’ the following: ‘‘or under sec-
tion 3181(b),’’.
SEC. 716. FBI ACCESS TO TELEPHONE SUBSCRIBER INFOR-
MATION.
(a) REQUIRED CERTIFICATION.—Section 2709(b) of
title 18, United States Code, is amended to read as
follows:
‘‘(b) REQUIRED CERTIFICATION.—
‘‘(1) NAME, ADDRESS, AND LENGTH OF SERV-
ICE ONLY.—The Director of the Federal Bureau of
Investigation, or the Director’s designee in a posi-
193
tion not lower than Deputy Assistant Director, may
request the name, address, and length of service of
a person or entity if the Director (or designee in a
position not lower than Deputy Assistant Director)
certifies in writing to the wire or electronic commu-
nication service provider to which the request is
made that—
‘‘(A) the information sought is relevant to
an authorized foreign counterintelligence inves-
tigation; and
‘‘(B) there are specific and articulable
facts giving reason to believe that communica-
tion facilities registered in the name of the per-
son or entity have been used, through the serv-
ices of the provider, in communication with—
‘‘(i) an individual who is engaging or
has engaged in international terrorism (as
defined in section 101 of the Foreign Intel-
ligence Surveillance Act of 1978 (50
U.S.C. 1801)) or clandestine intelligence
activities that involve or may involve a vio-
lation of the criminal statutes of the Unit-
ed States; or
‘‘(ii) a foreign power (as defined in
section 101 of the Foreign Intelligence
194
Surveillance Act of 1978 (50 U.S.C.
1801)) or an agent of a foreign power (as
defined 
in 
that 
section) 
under 
cir-
cumstances giving reason to believe that
the communication concerned international
terrorism (as defined in that section) or
clandestine intelligence activities that in-
volve or may involve a violation of the
criminal statutes of the United States.
‘‘(2) NAME, ADDRESS, LENGTH
OF
SERVICE,
AND TOLL BILLING RECORDS.—The Director of the
Federal Bureau of Investigation, or the Director’s
designee in a position not lower than Deputy Assist-
ant Director, may request the name, address, length
of service, and toll billing records of a person or en-
tity if the Director (or designee in a position not
lower than Deputy Assistant Director) certifies in
writing to the wire or electronic communication serv-
ice provider to which the request is made that—
‘‘(A) the name, address, length of service, and
toll billing records sought are relevant to an author-
ized foreign counterintelligence investigation; and
‘‘(B) there are specific and articulable facts giv-
ing reason to believe that the person or entity to
whom the information sought pertains is a foreign
195
power (as defined in section 101 of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C.
1801)) or an agent of a foreign power (as defined
in that section).’’.
(b) REPORT TO JUDICIARY COMMITTEES.—Section
2709(e) of title 18, United States Code, is amended by
adding after ‘‘Senate’’ the following: ‘‘, and the Committee
on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate,’’.
TITLE VIII—SEXUAL VIOLENCE,
CHILD ABUSE, AND VICTIMS’
RIGHTS
Subtitle A—Sexual Violence and
Child Abuse
SECTION 800. SHORT TITLE.
This subtitle may be cited as the ‘‘Sexual Assault
Prevention Act of 1993’’.
CHAPTER 1—SEXUAL VIOLENCE
Subchapter A—Penalties and Remedies
SEC. 801. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.
Section 3156(a)(4) of title 18, United States Code,
is amended—
(1) by striking ‘‘, or’’ at the end of subpara-
graph (A) and inserting a semicolon;
196
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; or’’; and
(3) by adding after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) any felony under chapter 109A or chapter
110.’’.
SEC. 802. DEATH PENALTY FOR MURDERS COMMITTED BY
SEX OFFENDERS.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code is amended by adding at the end the following
new section:
‘‘§ 1118. Death penalty for murders committed by sex
offenders
‘‘(a) OFFENSE.—A person who—
‘‘(1) causes the death of a person intentionally,
knowingly, or through recklessness manifesting ex-
treme indifference to human life; or
‘‘(2) causes the death of a person through the
intentional infliction of serious bodily injury,
shall be punished as provided in subsection (c).
‘‘(b) FEDERAL JURISDICTION.—There is Federal ju-
risdiction over an offense described in this section if the
conduct resulting in death occurs in the course of another
offense against the United States.
197
‘‘(c) PENALTY.—An offense described in this section
is a Class A felony. A sentence of death may be imposed
for an offense described in this section as provided in this
section, except that a sentence of death may not be im-
posed on a defendant who was below the age of 18 years
at the time of the commission of the crime.
‘‘(d) MITIGATING FACTORS.—In determining wheth-
er to recommend a sentence of death, the jury shall con-
sider whether any aspect of the defendant’s character,
background, or record or any circumstance of the offense
that the defendant may proffer as a mitigating factor ex-
ists, including the following factors:
‘‘(1) MENTAL
CAPACITY.—The defendant’s
mental capacity to appreciate the wrongfulness of
his conduct or to conform his conduct to the require-
ments of law was significantly impaired.
‘‘(2) DURESS.—The defendant was under un-
usual and substantial duress.
‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The
defendant is punishable as a principal (pursuant to
section 2) in the offense, which was committed by
another, but the defendant’s participation was rel-
atively minor.
‘‘(e) 
AGGRAVATING
FACTORS.—In 
determining
whether to recommend a sentence of death, the jury shall
198
consider any aggravating factor for which notice has been
provided under subsection (f) of this section, including the
following factors—
‘‘(1) KILLING IN COURSE OF DESIGNATED SEX
CRIMES.—The conduct resulting in death occurred
in the course of an offense defined in chapter 109A,
110, or 117.
‘‘(2) KILLING IN CONNECTION WITH SEXUAL
ASSAULT OR CHILD MOLESTATION.—The defendant
committed a crime of sexual assault or crime of
child molestation in the course of an offense on
which Federal jurisdiction is based under subsection
(b).
‘‘(3) PRIOR CONVICTION OF SEXUAL ASSAULT
OR CHILD MOLESTATION.—The defendant has pre-
viously been convicted of a crime of sexual assault
or crime of child molestation.
‘‘(f) NOTICE OF INTENT TO SEEK DEATH PEN-
ALTY.—If the Government intends to seek the death pen-
alty for an offense under this section, the attorney for the
Government shall file with the court and serve on the de-
fendant a notice of such intent. The notice shall be pro-
vided a reasonable time before the trial or acceptance of
a guilty plea, or at such later time before trial as the court
may permit for good cause. If the court permits a late
199
filing of the notice upon a showing of good cause, the court
shall ensure that the defendant has adequate time to pre-
pare for trial. The notice shall set forth the aggravating
factor or factors the Government will seek to prove as the
basis for the death penalty. The factors for which notice
is provided under this subsection may include factors con-
cerning the effect of the offense on the victim and the vic-
tim’s family. The court may permit the attorney for the
Government to amend the notice upon a showing of good
cause.
‘‘(g) JUDGE AND JURY AT CAPITAL SENTENCING
HEARING.—A hearing to determine whether the death
penalty will be imposed for an offense under this section
shall be conducted by the judge who presided at trial or
accepted a guilty plea, or by another judge if that judge
is not available. The hearing shall be conducted before the
jury that determined the defendant’s guilt if that jury is
available. A new jury shall be impaneled for the purpose
of the hearing if the defendant pleaded guilty, the trial
of guilt was conducted without a jury, the jury that deter-
mined the defendant’s guilt was discharged for good
cause, or reconsideration of the sentence is necessary after
the initial imposition of a sentence of death. A jury
impaneled under this subsection shall have 12 members
unless the parties stipulate to a lesser number at any time
200
before the conclusion of the hearing with the approval of
the judge. Upon motion of the defendant, with the ap-
proval of the attorney for the Government, the hearing
shall be carried out before the judge without a jury. If
there is no jury, references to ‘the jury’ in this section,
where applicable, shall be understood as referring to the
judge.
‘‘(h) PROOF
OF MITIGATING
AND AGGRAVATING
FACTORS.—No presentence report shall be prepared if a
capital sentencing hearing is held under this section. Any
information relevant to the existence of mitigating factors,
or to the existence of aggravating factors for which notice
has been provided under subsection (f), may be presented
by either the Government or the defendant. The informa-
tion presented may include trial transcripts and exhibits.
Information presented by the Government in support of
factors concerning the effect of the offense on the victim
and the victim’s family may include oral testimony, a vic-
tim impact statement that identifies the victim of the of-
fense and the nature and extent of harm and loss suffered
by the victim and the victim’s family, and other relevant
information. Information is admissible regardless of its
admissibility under the rules governing the admission of
evidence at criminal trials, except that information may
be excluded if its probative value is outweighed by the dan-
201
ger of creating unfair prejudice, confusing the issues, or
misleading the jury. The attorney for the Government and
the attorney for the defendant shall be permitted to rebut
any information received at the hearing, and shall be given
fair opportunity to present argument as to the adequacy
of the information to establish the existence of any aggra-
vating or mitigating factor, and as to the appropriateness
in that case of imposing a sentence of death. The attorney
for the Government shall open the argument, the defend-
ant shall be permitted to reply, and the Government shall
then be permitted to reply in rebuttal.
‘‘(i) FINDINGS OF AGGRAVATING AND MITIGATING
FACTORS.—The jury shall return special findings identify-
ing any aggravating factor or factors for which notice has
been provided under subsection (f) and which the jury
unanimously determines have been established by the Gov-
ernment beyond a reasonable doubt. A mitigating factor
is established if the defendant has proven its existence by
a preponderance of the evidence, and any member of the
jury who finds the existence of such a factor may regard
it as established for purposes of this section regardless of
the number of jurors who concur that the factor has been
established.
‘‘(j) FINDING
CONCERNING
A
SENTENCE
OF
DEATH.—If the jury specially finds under subsection (i)
202
that one or more aggravating factors set forth in this sec-
tion exist, and the jury further finds unanimously that
there are no mitigating factors or that the aggravating
factor or factors specially found under subsection (i) out-
weigh any mitigating factors, the jury shall recommend
a sentence of death. In any other case, the jury shall not
recommend a sentence of death. The jury shall be in-
structed that it must avoid any influence of sympathy,
sentiment, passion, prejudice, or other arbitrary factors in
its decision, and should make such a recommendation as
the information warrants.
‘‘(k) SPECIAL PRECAUTION TO ASSURE AGAINST
DISCRIMINATION.—In a hearing held before a jury, the
court, before the return of a finding under subsection (j),
shall instruct the jury that, in considering whether to rec-
ommend a sentence of death, it shall not be influenced
by prejudice or bias relating to the race, color, religion,
national origin, or sex of the defendant or any victim, and
that the jury is not to recommend a sentence of death
unless it has concluded that it would recommend a sen-
tence of death for such a crime regardless of the race,
color, religion, national origin, or sex of the defendant or
any victim. The jury, upon the return of a finding under
subsection (j), shall also return to the court a certificate,
signed by each juror, that the race, color, religion, national
203
origin, or sex of the defendant or any victim did not affect
the juror’s individual decision and that the individual juror
would have recommended the same sentence for such a
crime regardless of the race, color, religion, national ori-
gin, or sex of the defendant or any victim.
‘‘(l) IMPOSITION OF A SENTENCE OF DEATH.—Upon
a recommendation under subsection (j) that a sentence of
death be imposed, the court shall sentence the defendant
to death. Otherwise the court shall impose a sentence,
other than death, that is authorized by law.
‘‘(m) REVIEW OF A SENTENCE OF DEATH.—The de-
fendant may appeal a sentence of death under this section
by filing a notice of appeal of the sentence within the time
provided for filing a notice of appeal of the judgment of
conviction. An appeal of a sentence under this subsection
may be consolidated with an appeal of the judgment of
conviction and shall have priority over all non-capital mat-
ters in the court of appeals. The court of appeals shall
review the entire record in the case including the evidence
submitted at trial and information submitted during the
sentencing hearing, the procedures employed in the sen-
tencing hearing, and the special findings returned under
subsection (i). The court of appeals shall uphold the sen-
tence if it determines that the sentence of death was not
imposed under the influence of passion, prejudice, or any
204
other arbitrary factor, that the evidence and information
support the special findings under subsection (i), and that
the proceedings were otherwise free of prejudicial error
that was properly preserved for and raised on appeal. In
any other case, the court of appeals shall remand the case
for reconsideration of the sentence or imposition of an-
other authorized sentence as appropriate, except that the
court shall not reverse a sentence of death on the ground
that an aggravating factor was not supported by the evi-
dence and information if at least one aggravating factor
set forth in subsection (e) that was found to exist remains
and the court, on the basis of the evidence submitted at
trial and the information submitted at the sentencing
hearing, finds no mitigating factor or finds that the re-
maining aggravating factor or factors which were found
to exist outweigh any mitigating factors. The court of ap-
peals shall state in writing the reasons for its disposition
of an appeal of a sentence of death under this section.
‘‘(n) IMPLEMENTATION OF SENTENCE OF DEATH.—
A person sentenced to death under this section shall be
committed to the custody of the Attorney General until
exhaustion of the procedures for appeal of the judgment
of conviction and review of the sentence. When the sen-
tence is to be implemented, the Attorney General shall re-
lease the person sentenced to death to the custody of a
205
United States Marshal. The Marshal shall supervise im-
plementation of the sentence in the manner prescribed by
the law of the State in which the sentence is imposed, or
in the manner prescribed by the law of another State des-
ignated by the court if the law of the State in which the
sentence was imposed does not provide for implementation
of a sentence of death. The Marshal may use State or local
facilities, may use the services of an appropriate State or
local official or of a person such an official employs, and
shall pay the costs thereof in an amount approved by the
Attorney General.
‘‘(o) SPECIAL BAR TO EXECUTION.—A sentence of
death shall not be carried out upon a woman while she
is pregnant.
‘‘(p) CONSCIENTIOUS OBJECTION TO PARTICIPATION
IN EXECUTION.—No employee of any State department
of corrections, the Federal Bureau of Prisons, or the Unit-
ed States Marshals Service, and no person providing serv-
ices to that department, bureau, or service under contract
shall be required, as a condition of that employment or
contractual obligation, to be in attendance at or to partici-
pate in any execution carried out under this section if such
participation is contrary to the moral or religious convic-
tions of the employee. For purposes of this subsection, the
term ‘participate in any execution’ includes personal prep-
206
aration of the condemned individual and the apparatus
used for the execution, and supervision of the activities
of other personnel in carrying out such activities.
‘‘(q) APPOINTMENT
OF COUNSEL
FOR INDIGENT
CAPITAL DEFENDANTS.—A defendant against whom a
sentence of death is sought, or on whom a sentence of
death has been imposed, under this section, shall be enti-
tled to appointment of counsel from the commencement
of trial proceedings until one of the conditions specified
in subsection (v) has occurred, if the defendant is or be-
comes financially unable to obtain adequate representa-
tion. Counsel shall be appointed for trial representation
as provided in section 3005, and at least one counsel so
appointed shall continue to represent the defendant until
the conclusion of direct review of the judgment, unless re-
placed by the court with other qualified counsel. Except
as otherwise provided in this section, section 3006A shall
apply to appointments under this section.
‘‘(r) REPRESENTATION AFTER FINALITY OF JUDG-
MENT.—When a judgment imposing a sentence of death
under this section has become final through affirmance by
the Supreme Court on direct review, denial of certiorari
by the Supreme Court on direct review, or expiration of
the time for seeking direct review in the court of appeals
or the Supreme Court, the Government shall promptly no-
207
tify the court that imposed the sentence. The court, within
10 days of receipt of such notice, shall proceed to make
a determination whether the defendant is eligible for ap-
pointment of counsel for subsequent proceedings. The
court shall issue an order appointing one or more counsel
to represent the defendant upon a finding that the defend-
ant is financially unable to obtain adequate representation
and wishes to have counsel appointed or is unable com-
petently to decide whether to accept or reject appointment
of counsel. The court shall issue an order denying appoint-
ment of counsel upon a finding that the defendant is fi-
nancially able to obtain adequate representation or that
the defendant rejected appointment of counsel with an un-
derstanding of the consequences of that decision. Counsel
appointed pursuant to this subsection shall be different
from the counsel who represented the defendant at trial
and on direct review unless the defendant and counsel re-
quest a continuation or renewal of the earlier representa-
tion.
‘‘(s) STANDARDS FOR COMPETENCE OF COUNSEL.—
In relation to a defendant who is entitled to appointment
of counsel under this section, at least one counsel ap-
pointed for trial representation must have been admitted
to the bar for at least 5 years and have at least 3 years
of experience in the trial of felony cases in the Federal
208
district courts. If new counsel is appointed after judgment,
at least one counsel so appointed must have been admitted
to the bar for at least 5 years and have at least 3 years
of experience in the litigation of felony cases in the Fed-
eral courts of appeals or the Supreme Court. The court,
for good cause, may appoint counsel who does not meet
these standards, but whose background, knowledge, or ex-
perience would otherwise enable that counsel to properly
represent the defendant, with due consideration of the se-
riousness of the penalty and the nature of the litigation.
‘‘(t) CLAIMS OF INEFFECTIVENESS OF COUNSEL IN
COLLATERAL PROCEEDINGS.—The ineffectiveness or in-
competence of counsel during proceedings on a motion
under section 2255 of title 28 shall not be a ground for
relief from the judgment or sentence in any proceeding.
This limitation shall not preclude the appointment of dif-
ferent counsel at any stage of the proceedings.
‘‘(u) TIME FOR COLLATERAL ATTACK ON DEATH
SENTENCE.—A motion under section 2255 of title 28 at-
tacking a sentence of death under this section, or the con-
viction on which it is predicated, shall be filed within 90
days of the issuance of the order under subsection (r) ap-
pointing or denying the appointment of counsel for such
proceedings. The court in which the motion is filed, for
good cause shown, may extend the time for filing for a
209
period not exceeding 60 days. Such a motion shall have
priority over all non-capital matters in the district court,
and in the court of appeals on review of the district court’s
decision.
‘‘(v) STAY OF EXECUTION.—The execution of a sen-
tence of death under this section shall be stayed in the
course of direct review of the judgment and during the
litigation of an initial motion in the case under section
2255 of title 28. The stay shall run continuously following
imposition of the sentence and shall expire if—
‘‘(1) the defendant fails to file a motion under
section 2255 of title 28 within the time specified in
subsection (u), or fails to make a timely application
for court of appeals review following the denial of
such a motion by a district court;
‘‘(2) upon completion of district court and court
of appeals review under section 2255 of title 28, the
Supreme Court disposes of a petition for certiorari
in a manner that leaves the capital sentence undis-
turbed, or the defendant fails to file a timely petition
for certiorari; or
‘‘(3) before a district court, in the presence of
counsel and after having been advised of the con-
sequences of such a decision, the defendant waives
210
the right to file a motion under section 2255 of title
28.
‘‘(w) FINALITY OF THE DECISION ON REVIEW.—If
one of the conditions specified in subsection (v) has oc-
curred, no court thereafter shall have the authority to
enter a stay of execution or grant relief in the case un-
less—
‘‘(1) the basis for the stay and request for relief
is a claim not presented in earlier proceedings;
‘‘(2) the failure to raise the claim is the result
of governmental action in violation of the Constitu-
tion or laws of the United States, the result of the
Supreme Court’s recognition of a new Federal right
that is retroactively applicable, or the result of the
fact that the factual predicate of the claim could not
have been discovered through the exercise of reason-
able diligence in time to present the claim in earlier
proceedings; and
‘‘(3) the facts underlying the claim would be
sufficient, if proven, to undermine the court’s con-
fidence in the determination of guilt on the offense
or offenses for which the death penalty was imposed.
‘‘(x) DEFINITIONS.—In this section—
‘‘ ‘child’ means a person below the age of 14.
211
‘‘ ‘crime of child molestation’ means a crime
under Federal or State law that involved—
‘‘(A) contact between any part of the de-
fendant’s body or an object and the genitals or
anus of a child;
‘‘(B) contact between the genitals or anus
of the defendant and any part of the body of
a child;
‘‘(C) deriving sexual pleasure or gratifi-
cation from the infliction of death, bodily in-
jury, or physical pain on a child; or
‘‘(D) an attempt or conspiracy to engage
in any conduct described in paragraphs (A)
through (C).
‘‘ ‘crime of sexual assault’ means a crime under
Federal or State law that involved—
‘‘(A) contact, without consent, between any
part of the defendant’s body or an object and
the genitals or anus of another person;
‘‘(B) contact, without consent, between the
genitals or anus of the defendant and any part
of the body of another person;
‘‘(C) deriving sexual pleasure or gratifi-
cation from the infliction of death, bodily in-
jury, or physical pain on another person; or
212
‘‘(D) an attempt or conspiracy to engage
in any conduct described in paragraphs (A)
through (C).’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 110A of title 18, United States Code, is
amended by adding at the end the following new item:
‘‘1118. Death penalty for murders committed by sex offenders.’’.
SEC. 803. INCREASED PENALTIES FOR RECIDIVIST SEX
OFFENDERS.
(a) PENALTIES
FOR SUBSEQUENT OFFENSES.—
Chapter 109A of title 18, United States Code, is amend-
ed—
(1) by redesignating section 2245 as section
2246; and
(2) by inserting after section 2244 the following
new section:
‘‘§ 2245. Penalties for subsequent offenses
‘‘A person who violates this chapter, after a prior con-
viction under this chapter or the law of a State (as defined
in section 513) for conduct proscribed by this chapter has
become final, is punishable by a term of imprisonment up
to twice that otherwise authorized.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 109A of title 18, United States Code, is
amended—
213
(1) by striking ‘‘2245’’ and inserting ‘‘2246’’;
and
(2) by inserting after the item relating to sec-
tion 2244 the following new item:
‘‘2245. Penalties for subsequent offenses.’’.
SEC. 804. INCREASED PENALTIES FOR SEX OFFENSES
AGAINST VICTIMS BELOW THE AGE OF 16.
Section 2245(2) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(B);
(2) by striking ‘‘; and’’ at the end of subpara-
graph (C) and inserting ‘‘; or’’; and
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) the intentional touching, not through the
clothing, of the genitalia of another person who has
not attained the age of 16 years with an intent to
abuse, humiliate, harass, degrade, or arouse or grat-
ify the sexual desire of any person;’’.
SEC. 805. SENTENCING GUIDELINES INCREASE FOR SEX
OFFENSES.
The United States Sentencing Commission shall
study and, if necessary, amend the sentencing guidelines
to increase by at least 4 levels the base offense level for
an offense under section 2241 (relating to aggravated sex-
214
ual abuse) or section 2242 (relating to sexual abuse) of
title 18, United States Code, and shall consider whether
any other changes are warranted in the guidelines provi-
sions applicable to such offenses to ensure realization of
the objectives of sentencing. In amending the guidelines
in conformity with this section, the Sentencing Commis-
sion shall review the appropriateness and adequacy of ex-
isting offense characteristics and adjustments applicable
to such offenses, taking into account the heinousness of
sexual abuse offenses, the severity and duration of the
harm caused to victims, and any other relevant factors.
SEC. 806. HIV TESTING AND PENALTY ENHANCEMENT IN
SEXUAL OFFENSE CASES.
(a) IN GENERAL.—Chapter 109A of title 18, United
States Code, as amended by section 803, is amended by
inserting at the end the following new section:
‘‘§ 2247. Testing for human immunodeficiency virus;
disclosure of test results to victim; effect
on penalty
‘‘(a) TESTING AT TIME OF PRE-TRIAL RELEASE DE-
TERMINATION.—In a case in which a person is charged
with an offense under this chapter, a judicial officer issu-
ing an order pursuant to section 3142(a) shall include in
the order a requirement that a test for the human
immunodeficiency virus be performed upon the person and
215
that followup tests for the virus be performed 6 months
and 12 months following the date of the initial test, unless
the judicial officer determines that the conduct of the per-
son created no risk of transmission of the virus to the vic-
tim, and so states in the order. The order shall direct that
the initial test be performed within 24 hours, or as soon
thereafter as feasible. The person shall not be released
from custody until the test is performed.
‘‘(b) TESTING AT LATER TIME.—If a person charged
with an offense under this chapter was not tested for the
human immunodeficiency virus pursuant to subsection (a),
the court may at a later time direct that such a test be
performed upon the person, and that follow-up tests be
performed 6 months and 12 months following the date of
the initial test, if it appears to the court that the conduct
of the person may have risked transmission of the virus
to the victim. A testing requirement under this subsection
may be imposed at any time while the charge is pending,
or following conviction at any time prior to the person’s
completion of service of the sentence.
‘‘(c) TERMINATION OF TESTING REQUIREMENT.—A
requirement of follow-up testing imposed under this sec-
tion shall be canceled if any test is positive for the virus
or the person obtains an acquittal on, or dismissal of, all
charges under this chapter.
216
‘‘(d) DISCLOSURE OF TEST RESULTS.—The results
of any test for the human immunodeficiency virus per-
formed pursuant to an order under this section shall be
provided to the judicial officer or court. The judicial offi-
cer or court shall ensure that the results are disclosed to
the victim (or to the victim’s parent or legal guardian, as
appropriate), the attorney for the Government, and the
person tested.
‘‘(e) EFFECT ON PENALTY.—The United States Sen-
tencing Commission shall amend existing guidelines for
sentences for offenses under this chapter to enhance the
sentence if the offender knew or had reason to know that
he was infected with the human immunodeficiency virus,
except where the offender did not engage or attempt to
engage in conduct creating a risk of transmission of the
virus to the victim.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 109A of title 18, United States Code, as
amended by section 803, is amended by adding at the end
the following new item:
‘‘2247. Testing for human immunodeficiency virus; disclosure of test results to
victim; effect on penalty.’’.
SEC. 807. PAYMENT OF COST OF HIV TESTING FOR VICTIMS
IN SEX OFFENSE CASES.
Section 503(c)(7) of the Victims’ Rights and Restitu-
tion Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by
217
inserting: ‘‘, the cost of up to two tests of the victim for
the human immunodeficiency virus during the 12 months
following the assault, and the cost of a counseling session
by a medically trained professional on the accuracy of such
tests and the risk of transmission of the human
immunodeficiency virus to the victim as the result of the
assault’’ before the period at the end.
SEC. 808. EXTENSION AND STRENGTHENING OF RESTITU-
TION.
Section 3663 of title 18, United States Code, is
amended—
(1) in subsection (b)—
(A) in paragraph (2) by inserting ‘‘or an
offense under chapter 109A or chapter 110’’
after ‘‘an offense resulting in bodily injury to a
victim’’;
(B) by striking ‘‘and’’ at the end of para-
graph (3);
(C) by redesignating paragraph (4) as
paragraph (5); and
(D) by inserting after paragraph (3) the
following new paragraph:
‘‘(4) in any case, reimburse the victim for lost
income and necessary child care, transportation, and
other expenses related to participation in the inves-
218
tigation or prosecution of the offense or attendance
at proceedings related to the offense; and’’; and
(2) in subsection (d) by adding at the end:
‘‘However, the court shall issue an order requiring
restitution of the full amount of the victim’s losses
and expenses for which restitution is authorized
under this section in imposing sentence for an of-
fense under chapter 109A or chapter 110, unless the
Government and the victim do not request such
restitution.’’.
SEC. 
809. 
ENFORCEMENT 
OF 
RESTITUTION 
ORDERS
THROUGH SUSPENSION OF FEDERAL BENE-
FITS.
Section 3663 of title 18, United States Code, is
amended—
(1) by redesignating subsections (g) and (h) as
subsections (h) and (i), respectively; and
(2) by inserting after subsection (f) the follow-
ing new subsection:
‘‘(g)(1) If the defendant is delinquent in making res-
titution in accordance with any schedule of payments or
any requirement of immediate payment imposed under
this section, the court may, after a hearing, suspend the
defendant’s eligibility for all Federal benefits until such
219
time as the defendant demonstrates to the court good-
faith efforts to return to such schedule.
‘‘(2) In this subsection—
‘‘(A) ‘Federal benefits’—
‘‘(i) means any grant, contract, loan, pro-
fessional license, or commercial license provided
by an agency of the United States or appro-
priated funds of the United States; and
‘‘(ii) does not include any retirement, wel-
fare, Social Security, health, disability, veterans
benefit, public housing, or other similar benefit,
or any other benefit for which payments or
services are required for eligibility.
‘‘(B) ‘veterans benefit’ means all benefits pro-
vided to veterans, their families, or survivors by vir-
tue of the service of a veteran in the Armed Forces
of the United States.’’.
SEC. 810. CIVIL REMEDY FOR VICTIMS OF SEXUAL VIO-
LENCE.
(a) CAUSE OF ACTION.—A person who, in violation
of the Constitution or laws of the United States, engages
in sexual violence against another, shall be liable to the
injured party in an action under this section. The relief
available in such an action shall include compensatory and
220
punitive damages and any appropriate equitable or declar-
atory relief.
(b) DEFINITION.—In this section, ‘‘sexual violence’’
means any conduct proscribed by chapter 109A of title
18, United States Code, whether or not the conduct occurs
in the special maritime and territorial jurisdiction of the
United States or in a Federal prison.
(c) ATTORNEY’S FEES.—Section 922 of the Revised
Statutes (42 U.S.C. 1988) is amended—
(1) by striking ‘‘or’’ after ‘‘Public Law 92–
318’’; and
(2) by inserting ‘‘, or section 111 of the Sexual
Assault Prevention Act of 1993,’’ after ‘‘1964’’.
Subchapter B—Rules of Evidence, Practice,
and Procedure
SEC. 
821. 
ADMISSIBILITY 
OF 
EVIDENCE 
OF 
SIMILAR
CRIMES IN SEX OFFENSE CASES.
The Federal Rules of Evidence are amended by add-
ing after Rule 412 the following new rules:
‘‘Rule 413. Evidence of Similar Crimes in Sexual As-
sault Cases
‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in
which the defendant is accused of an offense of sexual as-
sault, evidence of the defendant’s commission of another
offense or offenses of sexual assault is admissible, and
221
may be considered for its bearing on any matter to which
it is relevant.
‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in
which the government intends to offer evidence under this
rule, the attorney for the government shall disclose the
evidence to the defendant, including statements of wit-
nesses or a summary of the substance of any testimony
that is expected to be offered, at least 15 days before the
scheduled date of trial or at such later time as the court
may allow for good cause.
‘‘(c) EFFECT ON OTHER RULES.—This rule shall not
be construed to limit the admission or consideration of evi-
dence under any other rule.
‘‘(d) DEFINITION.—For purposes of this rule and
rule 415, ‘offense of sexual assault’ means a crime under
Federal law or the law of a State (as defined in section
513 of title 18, United States Code) that involved—
‘‘(1) conduct proscribed by chapter 109A of
title 18, United States Code;
‘‘(2) contact, without consent, between any part
of the defendant’s body or an object and the genitals
or anus of another person;
‘‘(3) contact, without consent, between the geni-
tals or anus of the defendant and any part of an-
other person’s body;
222
‘‘(4) deriving sexual pleasure or gratification
from the infliction of death, bodily injury, or phys-
ical pain on another person; or
‘‘(5) an attempt or conspiracy to engage in con-
duct described in paragraph (1), (2), (3), or (4).
‘‘Rule 414. Evidence of Similar Crimes in Child Mo-
lestation Cases
‘‘(a) EVIDENCE ADMISSIBLE.—In a criminal case in
which the defendant is accused of an offense of child mo-
lestation, evidence of the defendant’s commission of an-
other offense or offenses of child molestation is admissible
and may be considered for its bearing on any matter to
which it is relevant.
‘‘(b) DISCLOSURE TO DEFENDANT.—In a case in
which the government intends to offer evidence under this
rule, the attorney for the government shall disclose the
evidence to the defendant, including statements of wit-
nesses or a summary of the substance of any testimony
that is expected to be offered, at least 15 days before the
scheduled date of trial or at such later time as the court
may allow for good cause.
‘‘(c) EFFECT ON OTHER RULES.—This rule shall not
be construed to limit the admission or consideration of evi-
dence under any other rule.
223
‘‘(d) DEFINITION.—For purposes of this rule and
rule 414, ‘child’ means a person below the age of 14 years,
and ‘offense of child molestation’ means a crime under
Federal law or the law of a State (as defined in section
513 of title 18, United States Code) that involved—
‘‘(1) conduct proscribed by chapter 109A of
title 18, United States Code, that was committed in
relation to a child;
‘‘(2) conduct proscribed by chapter 110 of title
18, United States Code;
‘‘(3) contact between any part of the defend-
ant’s body or an object and the genitals or anus of
a child;
‘‘(4) contact between the genitals or anus of the
defendant and any part of the body of a child;
‘‘(5) deriving sexual pleasure or gratification
from the infliction of death, bodily injury, or phys-
ical pain on a child; or
‘‘(6) an attempt or conspiracy to engage in con-
duct described in paragraph (1), (2), (3), (4), or (5).
‘‘Rule 415. Evidence of Similar Acts in Civil Cases
Concerning Sexual Assault or Child Mo-
lestation
‘‘(a) EVIDENCE ADMISSIBLE.—In a civil case in
which a claim for damages or other relief is predicated
224
on a party’s alleged commission of conduct constituting
an offense of sexual assault or child molestation, evidence
of that party’s commission of another offense or offenses
of sexual assault or child molestation is admissible and
may be considered as provided in rule 413 and rule 414
of these rules.
‘‘(b) DISCLOSURE TO OTHER PARTIES.—A party who
intends to offer evidence under this rule shall disclose the
evidence to the party against whom it will be offered, in-
cluding statements of witnesses or a summary of the sub-
stance of any testimony that is expected to be offered, at
least 15 days before the scheduled date of trial or at such
later time as the court may allow for good cause.
‘‘(c) EFFECT ON OTHER RULES.—This rule shall not
be construed to limit the admission or consideration of evi-
dence under any other rule.’’.
SEC. 822. EXTENSION AND STRENGTHENING OF RAPE VIC-
TIM SHIELD LAW.
(a) AMENDMENTS TO RAPE VICTIM SHIELD LAW.—
Rule 412 of the Federal Rules of Evidence is amended—
(1) in subdivisions (a) and (b) by striking
‘‘criminal case’’ and inserting ‘‘criminal or civil
case’’;
(2) in subdivisions (a) and (b) by striking ‘‘an
offense under chapter 109A of title 18, United
226
and inserting ‘‘the conduct proscribed by chapter
109A of title 18, United States Code,’’.
(b) INTERLOCUTORY APPEAL.—Section 3731 of title
18, United States Code, is amended by inserting after the
second paragraph the following new paragraph:
‘‘An appeal by the United States before trial shall
lie to a court of appeals from an order of a district court
admitting evidence of an alleged victim’s past sexual be-
havior in a criminal case in which the defendant is charged
with an offense involving conduct proscribed by chapter
109A, whether or not the conduct occurred in the special
maritime and territorial jurisdiction of the United States
or in a Federal prison.’’.
SEC. 823. INADMISSIBILITY OF EVIDENCE TO SHOW PROVO-
CATION OR INVITATION BY VICTIM IN SEX
OFFENSE CASES.
The Federal Rules of Evidence, as amended by sec-
tion 821, are amended by adding after rule 415 the follow-
ing new rule:
‘‘Rule 416. Inadmissibility of Evidence to Show Invi-
tation or Provocation by Victim in Sexual
Abuse Cases
‘‘In a criminal case in which a person is accused of
an offense involving conduct proscribed by chapter 109A
of title 18, United States Code, whether or not the conduct
227
occurred in the special maritime and territorial jurisdic-
tion of the United States or in a Federal prison, evidence
is not admissible to show that the alleged victim invited
or provoked the commission of the offense. This rule does
not limit the admission of evidence of consent by the al-
leged victim if the issue of consent is relevant to liability
and the evidence is otherwise admissible under these
rules.’’.
SEC. 824. RIGHT OF THE VICTIM TO FAIR TREATMENT IN
LEGAL PROCEEDINGS.
Not later than 180 days after the date of enactment
of this Act, the Judicial Conference of the United States
shall review and make recommendations regarding the fol-
lowing Rules of Professional Conduct for Lawyers in Fed-
eral Practice:
‘‘RULES OF PROFESSIONAL CONDUCT FOR
LAWYERS IN FEDERAL PRACTICE
‘‘Rule 1. Scope
‘‘Rule 2. Abuse of Victims and Others Prohibited
‘‘Rule 3. Duty of Enquiry in Relation to Client
‘‘Rule 4. Duty To Expedite Litigation
‘‘Rule 5. Duty To Prevent Commission of Crime
‘‘Rule 1. Scope
‘‘(a) These rules apply to the conduct of lawyers in
their representation of clients in relation to proceedings
and potential proceedings before federal tribunals.
‘‘(b) For purposes of these rules, ‘federal tribunal’
and ‘tribunal’ mean a court of the United States or an
228
agency of the federal government that carries out adju-
dicatory or quasi-adjudicatory functions.
‘‘Rule 2. Abuse of Victims and Others Prohibited
‘‘(a) A lawyer shall not engage in any action or course
of conduct for the purpose of increasing the expense of
litigation for any person, other than a liability under an
order or judgment of a tribunal.
‘‘(b) A lawyer shall not engage in any action or course
of conduct that has no substantial purpose other than to
distress, harass, embarrass, burden, or inconvenience an-
other person.
‘‘(c) A lawyer shall not offer evidence that the lawyer
knows to be false or attempt to discredit evidence that the
lawyer knows to be true.
‘‘Rule 3. Duty of Enquiry in Relation to Client
‘‘A lawyer shall attempt to elicit from the client a
truthful account of the material facts concerning the mat-
ters in issue. In representing a client charged with a crime
or civil wrong, the duty of enquiry under this rule in-
cludes—
‘‘(1) attempting to elicit from the client a mate-
rially complete account of the alleged criminal activ-
ity or civil wrong if the client acknowledges involve-
ment in the alleged activity or wrong; and
229
‘‘(2) attempting to elicit from the client the ma-
terial facts relevant to a defense of alibi if the client
denies such involvement.
‘‘Rule 4. Duty To Expedite Litigation
‘‘(a) A lawyer shall seek to bring about the expedi-
tious conduct and conclusion of litigation.
‘‘(b) A lawyer shall not seek a continuance or other-
wise attempt to delay or prolong proceedings in the hope
or expectation that—
‘‘(1) evidence will become unavailable;
‘‘(2) evidence will become more subject to im-
peachment or otherwise less useful to another party
because of the passage of time; or
‘‘(3) an advantage will be obtained in relation
to another party because of the expense, frustration,
distress, or other hardship resulting from prolonged
or delayed proceedings.
‘‘Rule 5. Duty To Prevent Commission of Crime
‘‘(a) A lawyer may disclose information relating to
the representation of a client to the extent necessary to
prevent the commission of a crime or other unlawful act.
‘‘(b) A lawyer shall disclose information relating to
the representation of a client where disclosure is required
by law. A lawyer shall also disclose such information to
the extent necessary to prevent—
230
‘‘(1) the commission of a crime involving the
use or threatened use of force against another, or a
substantial risk of death or serious bodily injury to
another; or
‘‘(2) the commission of a crime of sexual as-
sault or child molestation.
‘‘(c) For purposes of this rule, ‘crime’ means a crime
under the law of the United States or the law of a State,
and ‘unlawful act’ means an act in violation of the law
of the United States or the law of a State.’’.
SEC. 825. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.
Rule 32 of the Federal Rules of Criminal Procedure
is amended—
(1) by striking ‘‘and’’ at the end of subdivision
(a)(1)(B);
(2) by striking the period at the end of subdivi-
sion (a)(1)(C) and inserting ‘‘; and’’;
(3) by inserting after subdivision (a)(1)(C) the
following:
‘‘(D) if sentence is to be imposed for a crime
of violence or sexual abuse, address the victim per-
sonally if the victim is present at the sentencing
hearing and determine if the victim wishes to make
a statement and to present any information in rela-
tion to the sentence.’’;
231
(4) in the penultimate sentence of subdivision
(a)(1) by striking ‘‘equivalent opportunity’’ and in-
serting ‘‘opportunity equivalent to that of the de-
fendant’s counsel’’;
(5) in the last sentence of subdivision (a)(1) by
inserting ‘‘the victim,’’ before ‘‘, or the attorney for
the Government.’’; and
(6) by adding at the end the following new sub-
division:
‘‘(f) DEFINITIONS.—For purposes of this rule—
‘‘(1) ‘crime of violence or sexual abuse’ means
a crime that involved the use or attempted or threat-
ened use of physical force against the person or
property of another, or a crime under chapter 109A
of title 18, United States Code; and
‘‘(2) ‘victim’ means an individual against whom
an offense for which a sentence is to be imposed has
been committed, but the right of allocution under
subdivision (a)(1)(D) may be exercised instead by—
‘‘(A) a parent or legal guardian if the vic-
tim is below the age of 18 years or incompetent;
or
‘‘(B) one or more family members or rel-
atives designated by the court if the victim is
deceased or incapacitated,
232
if such person or persons are present at the sentenc-
ing hearing, regardless of whether the victim is
present.’’.
SEC. 826. VICTIM’S RIGHT OF PRIVACY.
(a) FINDINGS.—The Congress finds that—
(1) the crime of rape is underreported to law
enforcement authorities because of its traumatic ef-
fect on victims and the stigmatizing nature of the
crime;
(2) rape victims may be further victimized by
involuntary public disclosure of their identities;
(3) rape victims should be encouraged to come
forward and report the crime without fear of being
revictimized through involuntary public disclosure of
their identities; and
(4) any interest of the public in knowing the
identity of a rape victim notwithstanding the vic-
tim’s wishes to the contrary is outweighed by the in-
terest of protecting the privacy of rape victims and
encouraging rape victims to report the crime and as-
sist in prosecution.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that news media, law enforcement personnel, and
other persons should exercise restraint and respect a rape
victim’s privacy by not disclosing the victim’s identity to
236
saults and protect victims more effectively, and any
other matters that the Attorney General deems rel-
evant to the subject of the study and report required
by this section.
(c) SUBMISSION OF REPORT.—The report required
by subsection (b) shall be submitted to the Congress no
later than September 1, 1995.
(d) DEFINITION.—For purposes of this section,
‘‘campus sexual assaults’’ includes sexual assaults occur-
ring at institutions of postsecondary education and sexual
assaults committed against or by students or employees
of such institutions.
(e) AUTHORIZATION OF APPROPRIATION.—There is
authorized to be appropriated $200,000 to carry out the
study required by this section.
Subchapter D—Assistance to States and
Localities
SEC. 841. SEXUAL VIOLENCE GRANT PROGRAM.
(a) PURPOSE.—The purpose of this section is to
strengthen and improve State and local efforts to prevent
and punish sexual violence, and to assist and protect the
victims of sexual violence.
(b) AUTHORIZATION
OF GRANTS.—The Attorney
General, through the Bureau of Justice Assistance, the
Office for Victims of Crime, and the Bureau of Justice
237
Statistics, may make grants to support projects and pro-
grams relating to sexual violence, including support of—
(1) training and policy development programs
for law enforcement officers and prosecutors con-
cerning the investigation and prosecution of sexual
violence;
(2) law enforcement and prosecutorial units and
teams that target sexual violence;
(3) victim services programs for victims of sex-
ual violence;
(4) educational and informational programs re-
lating to sexual violence;
(5) improved systems for collecting, keeping,
and disseminating records and data concerning sex-
ual violence and offenders who engage in sexual vio-
lence;
(6) background check systems that enable em-
ployers to determine whether employees and appli-
cants for employment have criminal histories involv-
ing sexual violence, in relation to employment posi-
tions for which a person may be unsuitable on the
basis of such a history, such as child care positions
and positions involving access to people’s homes;
238
(7) registration systems which require persons
convicted of sexual violence to keep law enforcement
authorities informed of their addresses or locations;
(8) security measures in parks, public transpor-
tation systems, public buildings and facilities, and
other public places which reduce the risk that acts
of sexual violence will occur in such places;
(9) programs addressing campus sexual as-
saults (as defined in section 831);
(10) programs assisting runaway and homeless
children who have been subjected to or at risk of
sexual violence or sexual exploitation;
(11) training programs for judges and court
personnel in relation to cases involving sexual vio-
lence; and
(12) treatment programs in a correctional set-
ting for offenders who engage in sexual violence,
which may include aftercare components, and which
shall include an evaluation component to determine
the effectiveness of the treatment in reducing
recidivism.
(c) FORMULA GRANTS.—Of the amount appropriated
in each fiscal year for grants under this section, other than
the amount set aside to carry out subsection (d)—
239
(1) 1 percent shall be set aside for each partici-
pating State; and
(2) the remainder shall be allocated to the par-
ticipating States in proportion to their populations;
for the use of State and local governments in the States.
(d) DISCRETIONARY GRANTS.—Of the amount appro-
priated in each fiscal year, 20 percent shall be set aside
in a discretionary fund to provide grants to public and
private agencies to further the purposes and objectives set
forth in subsections (a) and (b).
(e) APPLICATION FOR FORMULA GRANTS.—To re-
quest a grant under subsection (c), the chief executive offi-
cer of a State must, in each fiscal year, submit to the
Attorney General a plan for addressing sexual violence in
the State, including a specification of the uses to which
funds provided under subsection (c) will be put in carrying
out the plan. The application shall include—
(1) certification that the Federal funding pro-
vided will be used to supplement and not supplant
State and local funds;
(2) certification that any requirement of State
law for review by the State legislature or a des-
ignated body, and any requirement of State law for
public notice and comment concerning the proposed
plan, have been satisfied; and
240
(3) provisions for fiscal control, management,
recordkeeping, and submission of reports in relation
to funds provided under this section that are consist-
ent with requirements prescribed for the program.
(f) CONDITIONS ON GRANTS.—
(1) MATCHING
FUNDS.—Grants under sub-
section (c) may be for up to 50 percent of the overall
cost of a project or program funded. Discretionary
grants under subsection (d) may be for up to 100
percent of the overall cost of a project of program
funded.
(2) DURATION OF GRANTS.—Grants under sub-
section (c) may be provided in relation to a particu-
lar project or program for up to an aggregate maxi-
mum period of 4 years.
(3) LIMIT
ON
ADMINISTRATIVE
COSTS.—Not
more than 5 percent of a grant under subsection (c)
may be used for costs incurred to administer the
grant.
(4) PAYMENT OF COST OF FORENSIC MEDICAL
EXAMINATIONS.—It is a condition of eligibility for
grants under subsection (c) that a State pay the cost
of forensic medical examinations for victims of sex-
ual violence.
241
(5) POLICIES
AGAINST
CAMPUS
SEXUAL
AS-
SAULTS.—For an institution of postsecondary edu-
cation seeking a grant under subsection (d), it is a
condition of eligibility that the institution articulate
and communicate to its students a clear policy that
sexual violence will not be tolerated by the institu-
tion.
(g) EVALUATION.—The National Institute of Justice
shall have the authority to carry out evaluations of pro-
grams funded under this section. The recipient of any
grant under this section may be required to include an
evaluation component to determine the effectiveness of the
project or program funded that is consistent with guide-
lines issued by the National Institute of Justice.
(h) COORDINATION.—The Attorney General may uti-
lize the Office of Justice Programs to coordinate the ad-
ministration of grants under this section. The coordination
of grants under this section shall include prescribing con-
sistent program requirements for grantees, allocating
functions and the administration of particular grants
among the components that participate in the administra-
tion of the program under this section, coordinating the
program under this section with the Domestic Violence
and Family Support Grant Program established by section
857, and coordinating the program under this section with
242
other grant programs administered by components of the
Department of Justice.
(i) DEFINITION.—In this section, ‘‘sexual violence’’
includes nonconsensual sex offenses and sex offenses in-
volving victims who are not able to give legally effective
consent because of age or incompetency.
(j) REPORT.—The Attorney General shall submit an
annual report to Congress concerning the operation and
effectiveness of the program under this section.
(k) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this sec-
tion—
(1) $250,000,000 for each of fiscal years 1994,
1995, and 1996; and
(2) such sums as are necessary for each fiscal
year thereafter.
SEC. 842. SUPPLEMENTARY GRANTS FOR STATES ADOPT-
ING EFFECTIVE LAWS RELATING TO SEXUAL
VIOLENCE.
(a) SUPPLEMENTARY GRANTS.—The Attorney Gen-
eral may, in each fiscal year, authorize the award to a
State of an aggregate amount of up to $1,000,000 under
the Sexual Violence Grant Program established by section
141, in addition to any funds that are otherwise author-
ized under that program. The authority to award addi-
243
tional funding under this section is conditional on certifi-
cation by the Attorney General that the State has laws
relating to sexual violence that exceed or are reasonably
comparable to the provisions of Federal law (including
changes in Federal law made by this Act) in the following
areas:
(1) Authorization of pre-trial detention of de-
fendants in sexual assault cases where prevention of
flight or the safety of others cannot be reasonably
assured by other means, and denial of release pend-
ing appeal for persons convicted of sexual assault of-
fenses who have been sentenced to imprisonment.
(2) Authorization of severe penalties for sexual
assault offenses.
(3) 
Pre-trial 
testing 
for 
the 
human
immunodeficiency virus of persons charged with sex-
ual assault offenses, with disclosure of test results to
the victim.
(4) Payment of the cost of medical examina-
tions and the cost of testing for the human
immunodeficiency virus for victims of sexual as-
saults.
(5) According the victim of a sexual assault the
right to be present at judicial proceedings in the
case.
244
(6) Protection of victims from inquiry into un-
related sexual behavior in sexual assault cases.
(7) Rules of professional conduct for lawyers
that protect victims from unwarranted cross-exam-
ination and impeachment, dilatory tactics, and other
abuses in sexual assault cases.
(8) Authorization of admission and consider-
ation in sexual assault cases of evidence that the de-
fendant has committed sexual assaults on other oc-
casions.
(9) Authorization of the victim in sexual assault
cases to address the court concerning the sentence
to be imposed.
(10) Authorization of the award of restitution
to victims of sexual assaults as part of a criminal
sentence.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated in each fiscal year such
sums as may be necessary to carry out this section.
245
CHAPTER 2—DOMESTIC VIOLENCE AND
OFFENSES AGAINST THE FAMILY
SEC. 851. NONCOMPLIANCE WITH CHILD SUPPORT OBLIGA-
TIONS IN INTERSTATE CASES.
(a) OFFENSE.—Part 1 of title 18, United States
Code, is amended by inserting after chapter 110 the fol-
lowing new chapter:
‘‘CHAPTER 110A—NONCOMPLIANCE WITH CHILD
SUPPORT OBLIGATIONS
‘‘Sec.
‘‘2261. Noncompliance with child support obligations.
‘‘§ 2261. Noncompliance with child support obliga-
tions
‘‘(a) DEFINITIONS.—In this section—
‘‘ ‘child support obligation’ means an amount
determined under a court order or an order of an
administrative process pursuant to the law of a
State to be due from a person for the support of a
child or of a child and the parent with whom the
child is living.
‘‘ ‘major child support obligation’ means a child
support obligation that has remained unpaid for a
period exceeding one year, or that is greater than
$5,000.
246
‘‘ ‘past due support obligation’ means a child
support obligation that is unpaid at the time of sen-
tencing for an offense under this section.
‘‘ ‘State’ has the meaning stated in section
513(c)(5).
‘‘(b) OFFENSE.—A person who—
‘‘(1) leaves or remains outside a State with in-
tent to avoid payment of a child support obligation;
or
‘‘(2) fails to pay a major child support obliga-
tion with respect to a child who resides in another
State, despite having the financial resources to pay
the obligation or the ability to acquire such re-
sources through reasonable diligence,
shall be punished as provided in subsection (d).
‘‘(c) PRESUMPTION.—In relation to an offense
charged under subsection (b)(1), the absence of the de-
fendant from the State for an aggregate period of 6
months without payment of the child support obligation
shall create a rebuttable presumption that the intent ex-
isted to avoid payment of the obligation.
‘‘(d) PENALTY.—A person convicted of an offense
under this section shall be punished by imprisonment for
up to 6 months, and on a second or subsequent conviction,
by imprisonment for up to 2 years.
247
‘‘(e) RESTITUTION.—In addition to any restitution
that may be ordered pursuant to section 3663, a sentence
for an offense under this section shall include an order
of restitution in an amount equal to the past due support
obligation as it exists at the time of sentencing. Sub-
sections (e) through (i) of section 3663 apply to an order
of restitution pursuant to this subsection.’’.
(b) TECHNICAL AMENDMENT.—The part analysis for
part 1 of title 18, United States Code, is amended by in-
serting after the item for chapter 110 the following new
item:
‘‘2261. Noncompliance with child support obligations.’’.
(c) CONDITION OF PROBATION AND SUPERVISED RE-
LEASE.—Section 3563(b)(1) of title 18, United States
Code, is amended by inserting before the semicolon ‘‘, in-
cluding compliance with any court order or administrative
order under the law of a State (as defined in section
513(c)(5)) requiring payments for the support of a child
or of a child and the parent with whom the child is living’’.
SEC. 852. FULL FAITH AND CREDIT FOR PROTECTIVE
ORDERS.
(a) REQUIREMENT OF FULL FAITH AND CREDIT.—
Chapter 110A of title 18, United States Code, as added
by section 851, is amended by adding at the end the fol-
lowing new section:
248
‘‘§ 2262. Full faith and credit for protective orders
‘‘(a) DEFINITIONS.—In this section—
‘‘ ‘protective order’ means an order prohibiting
or limiting violence against, harassment of, contact
or communication with, or physical proximity to an-
other person.
‘‘ ‘State’ has the meaning stated in section
513(c)(5).
‘‘(b) FULL FAITH AND CREDIT.—A protective order
issued by a court of a State shall have the same full faith
and credit in a court in another State that it would have
in a court of the State in which issued, and shall be en-
forced by the courts of any State as if it were issued in
that State.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 110A of title 18, United States Code, as added
by section 201, is amended by adding at the end the fol-
lowing new item:
‘‘2262. Full faith and credit for protective orders.’’.
SEC. 853. PRESUMPTION AGAINST CHILD CUSTODY FOR
SPOUSE ABUSERS.
(a) FINDINGS.—The Congress finds that—
(1) courts fail to recognize the detrimental ef-
fects of having as a custodial parent an individual
who physically abuses his or her spouse, insofar as
249
they do not hear or weigh evidence of domestic vio-
lence in child custody litigation;
(2) joint custody forced upon hostile parents
can create a damaging psychological environment for
a child;
(3) physical abuse of a spouse is relevant to the
likelihood of child abuse in child custody disputes;
(4) the effects on children of physical abuse of
a spouse include—
(A) traumatization and psychological dam-
age to children resulting from observation of
the abuse and the climate of violence and fear
existing in a home where abuse takes place;
(B) the risk that children may become tar-
gets of physical abuse when they attempt to in-
tervene on behalf of an abused parent; and
(C) the negative effects on children of ex-
posure to an inappropriate role model, in that
witnessing an aggressive parent may commu-
nicate to children that violence is an acceptable
means of dealing with others; and
(5) the harm to children from spouse abuse
may be compounded by award of exclusive or joint
custody to an abuser because further abuse may
occur when the abused spouse is forced to have con-
250
tact with the abuser as a result of the custody ar-
rangement, and because the child or children may be
exposed to abuse committed by the abuser against a
subsequent spouse or partner.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that, for purposes of determining child custody,
evidence establishing that a parent engages in physical
abuse of a spouse should create a statutory presumption
that it is detrimental to the child to be placed in the cus-
tody of the abusive spouse.
SEC. 854. REPORT ON BATTERED WOMEN’S SYNDROME.
(a) REPORT.—The Attorney General shall prepare
and transmit to the Congress a report on the status of
battered women’s syndrome as a medical and psycho-
logical condition and on its effect in criminal trials. The
Attorney General may utilize the National Institute of
Justice to obtain information required for the preparation
of the report.
(b) COMPONENTS OF REPORT.—The report described
in subsection (a) shall include—
(1) a review of medical and psychological views
concerning the existence, nature, and effects of bat-
tered women’s syndrome as a psychological condi-
tion;
251
(2) a compilation of judicial decisions that have
admitted or excluded evidence of battered women’s
syndrome as evidence of guilt or as a defense in
criminal trials; and
(3) information on the views of judges, prosecu-
tors, and defense attorneys concerning the effects
that evidence of battered women’s syndrome may
have in criminal trials.
SEC. 855. 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-
252
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. 856. REPORT ON RECORDKEEPING RELATING TO DO-
MESTIC VIOLENCE.
Not later than 1 year after the date of enactment
of this Act, the Attorney General shall complete a study
of, and shall submit to Congress a report and rec-
ommendations on, problems of recordkeeping of criminal
complaints involving domestic violence. The study and re-
port shall examine—
(1) the efforts that have been made by the De-
partment of Justice, including the Federal Bureau
of Investigation, to collect statistics on domestic vio-
lence; and
(2) the feasibility of requiring that the relation-
ship between an offender and victim be reported in
Federal records of crimes of aggravated assault,
rape, and other violent crimes.
SEC. 857. DOMESTIC VIOLENCE AND FAMILY SUPPORT
GRANT PROGRAM.
(a) PURPOSE.—The purpose of this section is to
strengthen and improve State and local efforts to prevent
253
and punish domestic violence and other criminal and un-
lawful acts that particularly affect women, and to assist
and protect the victims of such crimes and acts.
(b) AUTHORIZATION
OF GRANTS.—The Attorney
General, through the Bureau of Justice Assistance, the
Office for Victims of Crime, and the Bureau of Justice
Statistics, may make grants to support projects and pro-
grams relating to domestic violence and other criminal and
unlawful acts that particularly affect women, including
support of—
(1) training and policy development programs
for law enforcement officers and prosecutors con-
cerning the investigation and prosecution of domes-
tic violence;
(2) law enforcement and prosecutorial units and
teams that target domestic violence;
(3) model, innovative, and demonstration law
enforcement programs relating to domestic violence
that involve pro-arrest and aggressive prosecution
policies;
(4) model, innovative, and demonstration pro-
grams for the effective utilization and enforcement
of protective orders;
(5) programs addressing stalking and persistent
menacing;
254
(6) victim services programs for victims of do-
mestic violence;
(7) shelters that provide services for victims of
domestic violence and related programs;
(8) educational and informational programs re-
lating to domestic violence;
(9) resource centers providing information,
technical assistance, and training to domestic vio-
lence service providers, agencies, and programs;
(10) coalitions of domestic violence service pro-
viders, agencies, and programs;
(11) training programs for judges and court
personnel in relation to cases involving domestic vio-
lence; and
(12) enforcement of child support obligations,
including cooperative efforts and arrangements of
States to improve enforcement in cases involving
interstate elements.
(c) FORMULA GRANTS.—Of the amount appropriated
in each fiscal year for grants under this section, other than
the amount set aside to carry out subsection (d)—
(1) 1 percent shall be set aside for each partici-
pating State; and
(2) the remainder shall be allocated to the par-
ticipating States in proportion to their populations;
255
for the use of State and local governments in the States.
(d) DISCRETIONARY GRANTS.—Of the amount appro-
priated in each fiscal year, 20 percent shall be set aside
in a discretionary fund to provide grants to public and
private agencies to further the purposes and objectives set
forth in subsections (a) and (b).
(e) APPLICATION FOR FORMULA GRANTS.—To re-
quest a grant under subsection (c), the chief executive offi-
cer of a State must, in each fiscal year, submit to the
Attorney General a plan for addressing domestic violence
and other criminal and unlawful acts that particularly af-
fect women in the State, including a specification of the
uses to which funds provided under subsection (c) will be
put in carrying out the plan. The application must in-
clude—
(1) certification that the Federal funding pro-
vided will be used to supplement and not supplant
State and local funds;
(2) certification that any requirement of State
law for review by the State legislature or a des-
ignated body, and any requirement of State law for
public notice and comment concerning the proposed
plan, have been satisfied; and
(3) provisions for fiscal control, management,
recordkeeping, and submission of reports in relation
258
(1) $250,000,000 for each of fiscal years 1994,
1995, and 1996; and
(2) such sums as are necessary for each fiscal
year thereafter.
CHAPTER 3—NATIONAL TASK FORCE ON
VIOLENCE AGAINST WOMEN
SEC. 861. ESTABLISHMENT.
Not later than 30 days after the date of enactment
of this Act, the Attorney General shall establish a task
force to be known as the National Task Force on Violence
Against Women (referred to in this title as the ‘‘task
force’’).
SEC. 862. DUTIES OF TASK FORCE.
(a) GENERAL PURPOSE OF TASK FORCE.—The task
force shall recommend Federal, State, and local strategies
aimed at protecting women against violent crime, punish-
ing persons who commit such crimes, and enhancing the
rights of victims of such crimes.
(b) DUTIES OF TASK FORCE.—The task force shall
perform such functions as the Attorney General deems ap-
propriate to carry out the purposes of the task force, in-
cluding—
(1) considering the reports and recommenda-
tions of past Federal and State studies of violent
crime, family violence, and the treatment of crime
259
victims, including the Report of the Attorney Gen-
eral to the President on Combating Violent Crime
(1992), the Report of the Attorney General’s Task
Force on Family Violence (1984), the Report of the
President’s Task Force on Victims of Crime (1982),
and the reports and recommendations of the task
forces and commissions established by the States of
Alabama, Alaska, Arkansas, Hawaii, Idaho, Indiana,
Kansas, Louisiana, Michigan, Minnesota, Nebraska,
New Mexico, New York, North Carolina, Rhode Is-
land, Virginia, Texas, and Wyoming;
(2) developing strategies for Federal, State, and
local law enforcement designed to protect women
against violent crime, and to prosecute and punish
those responsible for such crime;
(3) evaluating the adequacy of rules of evi-
dence, practice, and procedure to ensure the effective
prosecution and conviction of violent offenders
against women and to protect victims from abuse in
legal proceedings, and making recommendations for
the improvement of the rules;
(4) evaluating the adequacy of pre-trial release,
sentencing, incarceration, and post-conviction release
in relation to violent offenders against women, and
making recommendations designed to ensure that
260
such offenders are restrained from causing further
harm to the victim and others and receive appro-
priate punishment, including means of ensuring that
the efficacy of criminal sanctions will not be under-
mined by parole or other early release mechanisms;
(5) assessing the issuance, formulation, and en-
forcement of protective orders, whether or not relat-
ed to a criminal proceeding, and making rec-
ommendations for the effective use of such orders to
protect women from violence;
(6) assessing the problem of stalking and per-
sistent menacing of women, and recommending ef-
fective means of response to the problem; and
(7) generally evaluating the treatment of
women as victims of violent crime in the criminal
justice system, and making recommendations de-
signed to improve such treatment.
SEC. 863. MEMBERSHIP.
(a) IN GENERAL.—The task force shall consist of up
to 10 members, who shall be appointed by the Attorney
General not later than 60 days after the date of enactment
of this Act. The Attorney General shall ensure that the
task force includes representatives of State and local law
enforcement, the State and local judiciary, and groups
dedicated to protecting the rights of victims.
261
(b) CHAIRMAN.—The Attorney General or the Attor-
ney General’s designee shall serve as chairman of the task
force.
SEC. 864. PAY.
(a) NO ADDITIONAL COMPENSATION.—Members of
the task force who are officers or employees of a govern-
mental agency shall receive no additional compensation by
reason of their service on the task force.
(b) PER DIEM.—While away from their homes or reg-
ular places of business in the performance of duties for
the task force, members of the task force shall be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under sec-
tions 5702 and 5703 of title 5, United States Code.
SEC. 865. EXECUTIVE DIRECTOR AND STAFF.
(a) EXECUTIVE DIRECTOR.—
(1) APPOINTMENT.—The task force shall have
an Executive Director who shall be appointed by the
Attorney General not later than 30 days after the
task force is fully constituted under section 303.
(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.
262
(b) STAFF.—With the approval of the task force, the
Executive Director may appoint and fix the compensation
of such additional personnel as the Executive Director
considers necessary to carry out the duties of the task
force.
(c) APPLICABILITY OF CIVIL SERVICE LAWS.—The
Executive Director and the additional personnel of the
task force appointed under subsection (b) may be ap-
pointed without regard to title 5, United States Code, gov-
erning appointments in the competitive service, and may
be paid without regard to chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates.
(d) CONSULTANTS.—Subject to such rules as may be
prescribed by the task force, the Executive Director may
procure temporary intermittent services under section
3109(b) of title 5, United States Code, at rates for individ-
uals not to exceed $200 per day.
SEC. 866. POWERS OF TASK FORCE.
(a) HEARINGS.—For the purpose of carrying out this
title, the task force may conduct such hearings, sit and
act at such times and places, take such testimony, and
receive such evidence, as the task force considers appro-
priate. A member of the task force may administer oaths
to persons appearing before the task force.
263
(b) DELEGATION.—Any member or employee of the
task force may, if authorized by the task force, take any
action that the task force is authorized to take under this
title.
(c) ACCESS TO INFORMATION.—The task force may
secure directly from any executive department or agency
such information as may be necessary to enable the task
force to carry out this title, to the extent access to such
information is permitted by law. On request of the Attor-
ney General, the head of such a department or agency
shall furnish such permitted information to the task force.
(d) MAIL.—The task force may use the United States
mails in the same manner and under the same conditions
as other departments and agencies of the United States.
SEC. 867. REPORT.
Not later than 1 year after the date on which the
task force is fully constituted under section 303, the Attor-
ney General shall submit a detailed report to the Congress
on the findings and recommendations of the task force.
SEC. 868. AUTHORIZATION OF APPROPRIATION.
There is authorized to be appropriated to carry out
this title $500,000 for fiscal year 1994.
SEC. 869. TERMINATION.
The task force shall cease to exist 30 days after the
date on which the Attorney General’s report is submitted