I
103D CONGRESS
1ST SESSION
H. R. 1133
To combat violence and crimes against women.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1993
Mrs. SCHROEDER
(for herself, Ms. SLAUGHTER, Mr. SCHUMER, Mrs.
MORELLA, Ms. SNOWE, Ms. PELOSI, Ms. NORTON, Mrs. COLLINS of Illi-
nois, Miss COLLINS of Michigan, Mrs. MINK, Mrs. UNSOELD, Ms. KAP-
TUR, Mrs. LOWEY, Ms. WATERS, Mrs. BYRNE, Mrs. MALONEY, Ms.
VELA´ZQUEZ, Ms. MCKINNEY, Ms. ESHOO, Ms. SCHENK, Ms. BROWN of
Florida, Mrs. MEYERS of Kansas, Mr. MOAKLEY, Mr. FRANK of Massa-
chusetts, Mr. YATES, Mr. OBERSTAR, Mr. MCDERMOTT, Mr. WILSON,
Mr. LEHMAN, Mr. MAZZOLI, Mr. ANDREWS of Texas, Mr. KREIDLER,
Mr. OLVER, Mr. MILLER of California, Mr. SHAYS, Mr. GUTIERREZ, Mr.
RAMSTAD, Mr. NEAL of Massachusetts, Mr. MEEHAN, Mr. ACKERMAN,
Mr. OWENS, Mr. FROST, Mr. KILDEE, Mr. BILBRAY, Mr. REED, Mr.
BROWN of California, Mr. KOPETSKI, Mr. BILIRAKIS, Mr. EVANS, Mr.
WHEAT, Mr. GEJDENSON, Mr. WISE, Ms. E.B. JOHNSON of Texas, Mr.
DEUTSCH, Mr. LIPINSKI, Mr. FILNER, Mr. ANDREWS of New Jersey, Mr.
SWETT, Mr. ALLARD, Mr. SWIFT, and Mr. WALSH) introduced the follow-
ing bill; which was referred to the Committee on the Judiciary
AUGUST 23, 1993
Additional sponsors: Mr. LAFALCE, Mr. STUPAK, Mr. SANDERS, Mr. JEFFER-
SON, Mr. PETERSON of Minnesota, Mr. BRYANT, Mrs. JOHNSON of Con-
necticut, Mr. FALEOMAVAEGA, Mr. RAVENEL, Mr. MURPHY, Mr. COLE-
MAN, Mr. DURBIN, Mr. MANTON, Mr. VENTO, Mrs. KENNELLY, Mr.
RANGEL, Mr. HAMILTON, Mr. UPTON, Mr. TOWNS, Mr. COYNE, Mr.
FLAKE, Mr. BECERRA, Mr. BEILENSON, Mrs. MEEK, Mr. HINCHEY, Mr.
CARDIN, Mr. BLACKWELL, Mr. BARRETT of Wisconsin, Mr. DEFAZIO,
Mr. KENNEDY, Mr. FAZIO, Mr. MFUME, Mr. REYNOLDS, Mr. LEWIS of
Georgia, Mr. MORAN, Mr. ABERCROMBIE, Mr. SERRANO, Mr. MCCLOS-
KEY, Mr. SARPALIUS, Mrs. LLOYD, Mr. ANDREWS of Maine, Mr. HYDE,
Mr. MARKEY, Mr. GIBBONS, Mr. COSTELLO, Mr. FOGLIETTA, Mr.
SCOTT, Ms. DANNER, Mr. MCHUGH, Mr. CONYERS, Ms. MOLINARI, Ms.
DELAURO, Mrs. CLAYTON, Mr. HASTINGS, Mr. WAXMAN, Mr. BONIOR,
Mr. WASHINGTON, Ms. FURSE, Mr. JOHNSTON of Florida, Mr. BORSKI,
Mr. CARR, Mr. COPPERSMITH, Mr. HOCHBRUECKNER, Mr. TUCKER, Mr.
SABO, Mr. WYDEN, Mr. TORRICELLI, Mr. RUSH, Mr. FRANKS of Con-
necticut, Mr. LANTOS, Mr. LEVY, Mr. CLEMENT, Mr. LEVIN, Mr.
NADLER, Mr. HAMBURG, Mr. BOUCHER, Mr. MCHALE, Mr. SLATTERY,
Mr. STARK, Mr. POMEROY, Mr. MENENDEZ, Ms. WOOLSEY, Mr.
MACHTLEY, Mr. PALLONE, Mr. DIXON, Mr. WYNN, Mr. FORD of Michi-
gan, Mr. MURTHA, Ms. ROYBAL-ALLARD, Mr. CLAY, Ms. MARGOLIES-
MEZVINSKY, Mr. STUDDS, Ms. ENGLISH of Arizona, Mr. GILMAN, Mr.
LEACH, Mr. APPLEGATE, Mr. RAHALL, Mr. ENGEL, Mr. DE LUGO, Mr.
PETE GEREN of Texas, Mr. BARTON of Texas, Mr. CRAMER, Mr. JOHN-
SON of South Dakota, Mrs. THURMAN, Mr. ENGLISH of Oklahoma, Mr.
HOYER, Mr. PASTOR, Mr. ORTON, Mr. FORD
of Tennessee, Mr.
POSHARD, Mr. GILCHREST, Mr. MOLLOHAN, Ms. SHEPHERD, Mr. VIS-
CLOSKY, Mr. MINETA, Mr. SANGMEISTER, Mr. MARTINEZ, Mr. STOKES,
Mr. VALENTINE, Mr. PAYNE of New Jersey, Mr. MINGE, Mr. GUNDER-
SON, Mr. HOLDEN, Mr. GINGRICH, and Mr. GENE GREEN of Texas
A BILL
To combat violence and crimes against women.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Violence Against
Women Act of 1993’’.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—SAFE STREETS FOR WOMEN
Sec. 101. Short title.
Subtitle A—Law Enforcement and Prosecution Grants to Reduce violent
Crimes Against Women
Sec. 111. Grants to combat violent crimes against women.
Sec. 112. Rape exam payments.
Subtitle B—Rape Prevention Grants and Offender Training Programs
CHAPTER 1—RAPE PREVENTION GRANTS
Sec. 121. Education and prevention grants to reduce sexual assaults against
women.
Sec. 122. Applications.
Sec. 123. Reports.
Sec. 124. Definitions.
Sec. 125. Authorization of appropriations.
CHAPTER 2—OFFENDER TRAINING AND INFORMATION
PROGRAMS
Sec. 126. National Institute of Justice training program.
Sec. 127. Treatment information.
Subtitle C—Victim Compensation
Sec. 131. Victim Compensation.
Subtitle D—National Board on Violent Crime Against Women
Sec. 141. Establishment.
Sec. 142. Duties of Board.
Sec. 143. Membership.
Sec. 144. Reports.
Sec. 145. Executive Director and staff.
Sec. 146. Powers of Board.
Sec. 147. Authorization of appropriations.
Sec. 148. Termination.
Subtitle E—Safe Campuses for Women
Sec. 151. Safe campuses for women.
TITLE II—SAFE HOMES FOR WOMEN
Sec. 201. Short title.
Subtitle A—Interstate Enforcement
Sec. 211. Interstate enforcement.
Subtitle B—Arrest in Domestic Violence Cases
Sec. 221. Encouraging arrest policies.
Subtitle C—Safe Homes for Immigrant Women
Sec. 231. Authorization.
Subtitle D—Confidentiality for Abuse Persons
Sec. 261. Confidentiality for abused persons.
TITLE III—CIVIL RIGHTS
Sec. 301. Civil rights.
TITLE IV—EQUAL JUSTICE FOR WOMEN IN THE COURTS
Subtitle A—New Evidentiary Rules
Sec. 401. Interlocutory Appeal.
Sec. 402. Sexual history in all criminal cases.
Sec. 403. Sexual history in criminal cases.
Sec. 404. Evidence of clothing.
Subtitle B—Education and Training for Judges and Court Personnel in State
Courts
Sec. 411. Grants authorized.
Sec. 412. Training provided by grants.
Sec. 413. Cooperation in developing programs.
Sec. 414. Authorization of appropriations.
Subtitle C—Education and Training for Judges and Court Personnel in
Federal Courts
Sec. 421. Authorizations of circuit studies; education and training grants.
Sec. 422. Authorization of appropriations.
TITLE I—SAFE STREETS FOR
WOMEN
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Safe Streets for
Women Act of 1993’’.
Subtitle A—Law Enforcement and
Prosecution Grants to Reduce
Violent Crimes Against Women
SEC. 111. GRANTS TO COMBAT VIOLENT CRIMES AGAINST
WOMEN.
(a) IN GENERAL.—Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.) is amended by—
(1) redesignating part Q as part R;
(2) redesignating section 1701 as section 1801;
and
(3) adding after part P the following new part:
‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES
AGAINST WOMEN
‘‘SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.
‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of
this part is to assist States and other eligible entities to
develop effective law enforcement and prosecution strate-
gies to combat violent crimes against women.
‘‘(b) PURPOSES
FOR
WHICH
GRANTS
MAY BE
USED.—Grants under this part shall provide additional
personnel, training, technical assistance, data collection
and other equipment for the more widespread apprehen-
sion, prosecution, and adjudication of persons committing
violent crimes against women and specifically, for the pur-
poses of—
‘‘(1) training law enforcement officers and pros-
ecutors to identify and respond more effectively to
violent crimes against women, including crimes of
sexual assault and domestic violence;
‘‘(2) developing, training, or expanding units of
law enforcement officers and prosecutors that spe-
cifically target violent crimes against women, includ-
ing the crimes of sexual assault and domestic vio-
lence;
‘‘(3) developing and implementing police and
prosecution policies, protocols, or orders specifically
devoted to the identification of and response to vio-
lent crimes against women, including the crimes of
sexual assault and domestic violence;
‘‘(4) developing, installing, or expanding data
collection systems, including computerized systems,
linking police, prosecutors, and courts or identifying
and tracking arrests, protection orders, prosecutions,
and convictions for the crimes of sexual assault and
domestic violence; and
‘‘(5) developing, enlarging, or strengthening vic-
tim services programs, including sexual assault and
domestic violence programs, to increase reporting
and reduce attrition rates for cases involving violent
crimes against women, including crimes of sexual as-
sault and domestic violence.
‘‘SEC. 1702. STATE GRANTS.
‘‘(a) GENERAL GRANTS.—The Director is authorized
to make grants to States, for use by States, units of local
government in the States, and nonprofit nongovernmental
victim services programs in the States, for the purposes
outlined in section 1701(b), and to reduce the rate of vio-
lent crimes against women.
‘‘(b) APPLICATION
REQUIREMENTS.—Applications
shall include—
‘‘(1) documentation from prosecution, law en-
forcement, and victim services programs to be as-
sisted that demonstrates—
‘‘(A) the need for grant funds;
‘‘(B) the intended use of grant funds; and
‘‘(C) the expected results; and
‘‘(2) proof of compliance with the requirements
for the payment of forensic medical exams provided
pursuant to section 112 of the Violence Against
Women Act of 1993.
‘‘(c) QUALIFICATION.—Upon satisfying the terms of
subsection (b), any State shall be eligible for funds pro-
vided under this part by—
‘‘(1) certifying that funds received under this
part shall be used to reduce the rate of violent
crimes against women and for the purposes outlined
in section 1701(b); and
‘‘(2) certifying that grantees and subgrantees
shall develop a plan, implement such plan, and oth-
erwise consult and coordinate with nonprofit non-
governmental domestic violence and sexual assault
victim services programs, law enforcement officials,
victim advocates, prosecutors, and defense attorneys;
‘‘(3) providing documentation from the individ-
uals and groups listed under paragraph (2) regard-
ing their participation in development of a plan and
involvement in the application process, as well as
how these individuals and groups will be involved in
implementation of the plan;
‘‘(4) providing assurances that the plan devel-
oped under paragraph (2) shall meet the needs of
racial, cultural, ethnic, and language minority popu-
lations in the community to be served by such plan;
‘‘(5) providing assurances that prosecution, law
enforcement, and nonprofit nongovernmental serv-
ices for victims shall each receive not less than 25
percent of any funds received under this part; and
‘‘(6) providing assurances that any Federal
funds received under this part shall be used to sup-
plement, not supplant, non-Federal funds that would
otherwise be available for activities funded under
this part.
‘‘(d) DISBURSEMENT OF FUNDS.—
‘‘(1) IN
GENERAL.—Not later than 60 days
after the receipt of an application under this part,
the Director shall either disburse the appropriate
sums provided for under this subpart or shall inform
the applicant regarding why the application does not
conform to the requirements of this section.
‘‘(2) RESPONSIBILITY OF DIRECTOR.—In dis-
bursing funds under this part, the Director shall
issue regulations—
‘‘(A) to distribute funds equitably on a ge-
ographic basis, including nonurban and rural
areas of varying geographic size; and
‘‘(B) give priority to areas of varying geo-
graphic size with the greatest showing of need
based on the availability of existing domestic vi-
olence and sexual assault programs in the popu-
lation and geographic area to be served in rela-
tion to the availability of such programs in
other such populations and geographic areas.
‘‘(e) GRANTEE REPORTING.—Upon completion of the
grant period under this part, the State grantee shall file
a performance report with the Director explaining the ac-
tivities carried out together with an assessment of the ef-
fectiveness of such activities in achieving the purposes of
this part.
‘‘(f) SUSPENSION OF FUNDING.—The Director shall
suspend funding for an approved application if—
‘‘(1) an applicant fails to submit an annual per-
formance report; or
and a description of the tribes’ system of courts, in-
cluding whether the tribal government operates
courts of Indian offenses as defined in section 201
of title II of Public Law 90–284 (25 U.S.C. 1301)
or Code of Federal Regulation courts under 25 CFR
11 et seq.
‘‘(2) CONTENT.—Applications shall be in such
form as the Director may reasonably require and
shall specify the nature of the program proposed by
the applicant tribe, the data and information on
which the program is based, and the plans to use or
incorporate existing domestic violence and sexual as-
sault services available in the Indian country where
the grant will be used.
‘‘(3) TERM OF GRANT.—The term of any grant
shall be for a period of not less than 3 years.
‘‘(e) GRANTEE REPORTING.—At the end of the first
12 months of the grant period and at the end of each sub-
sequent year, the Indian tribe grantee shall file a perform-
ance report with the Director explaining the activities car-
ried out together with an assessment of the effectiveness
of such activities in achieving the purposes of this part.
The Director shall not disperse additional funds if an ap-
plicant fails to submit an annual performance report.
‘‘(f) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘Indian tribe’ means any Indian
tribe, band, nation, or other organized group or com-
munity, including any Alaska Native village or re-
gional or village corporation (as defined in, or estab-
lished pursuant to, the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601, et seq.)), which is recog-
nized as eligible for the special services provided by
the United States to Indians because of their status
as Indians; and
‘‘(2) the term ‘Indian country’ has the meaning
given to such term by section 1151 of title 18, Unit-
ed States Code.
‘‘SEC. 1704. GENERAL DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) the term ‘domestic violence’ means crimes
of violence committed by a current or former spouse
of the victim, an individual with whom the victim
shares a child in common, an individual who is co-
habiting with or has cohabited with the victim as a
spouse, an individual similarly situated to a spouse,
or any other individual who is protected under do-
mestic or family violence laws of the jurisdiction that
receives a grant under this part;
‘‘(2) the term ‘sexual assault’ includes assaults
committed by offenders who are strangers to the vic-
tim and assaults committed by offenders who are
known or related by blood or marriage to the victim;
and
‘‘(3) the term ‘victim services program’ means
any public or private, nonsectarian, nonprofit pro-
gram that assists domestic violence or sexual assault
victims, including nongovernmental nonprofit organi-
zations such as rape crisis centers, battered women’s
shelters, and other sexual assault and domestic vio-
lence programs, including nonprofit nongovern-
mental organizations assisting domestic violence and
sexual assault victims through the legal process.
‘‘SEC. 1705. GENERAL TERMS AND CONDITIONS.
‘‘(a) NONMONETARY ASSISTANCE.—In addition to
the assistance provided under sections 1702 and 1703, the
Director may request any Federal agency, with or without
reimbursement, to use its authorities and the resources
granted to it under Federal law (including personnel,
equipment, supplies, facilities, and managerial, technical,
and advisory services) to support State and local assist-
ance efforts under this part.
‘‘(b) BUREAU REPORTING.—Not later than 180 days
after the end of each fiscal year for which grants are made
under this part, the Director shall submit to the Congress
a report that includes, for each State and Indian tribe—
‘‘(1) the amount of grants made under this
part;
‘‘(2) a summary of the purposes for which
grants were provided and an evaluation of progress;
and
‘‘(3) a copy of each grantee report filed pursu-
ant to sections 1702(f) and 1703(e).
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated for each of the fiscal
years 1994 and 1995, $190,000,000 to carry out the pur-
poses of section 1702 and $10,000,000 to carry out the
purposes of section 1703.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended
by striking the matter relating to part Q and inserting
the following:
‘‘PART Q—GRANT TO COMBAT VIOLENT CRIMES AGAINST WOMEN
‘‘Sec. 1701. Purpose of the program and grants.
‘‘Sec. 1702. State grants.
‘‘Sec. 1703. General grants to tribes.
‘‘Sec. 1704. General definitions.
‘‘Sec. 1705. General terms and conditions.
‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1801. Continuation of rules, authorities, and proceedings’’.
SEC. 112. RAPE EXAM PAYMENTS.
(a) RESTRICTION OF FUNDS.—No State is entitled
to funds under title I of the Violence Against Women Act
of 1993 unless the State or other grantee incurs the full
cost of forensic medical exams for victims of sexual assault
when such exams are required under section 112 of such
title.
(b) MEDICAL COSTS.—A State shall be deemed to
incur the full medical cost of forensic medical exams for
victims of sexual assault if such State—
(1) provides such exams to victims free of
charge to the victim;
(2) arranges for victims to obtain such exams
free of charge to the victim; or
(3) reimburses victims for the cost of such
exams, if—
(A) the reimbursement covers the full cost
of such exams, without any deductible require-
ment or limit on the amount of a reimburse-
ment;
(B) the State permits victims to apply for
reimbursement for at least one year from the
date of the exam;
(C) the State provides reimbursement not
later than 90 days after written notification of
the victim’s expense; and
(D) the State provides information at the
time of the exam to all victims, including vic-
tims with limited or no English proficiency, re-
garding how to obtain reimbursement.
Subtitle B—Rape Prevention
Programs
CHAPTER 1—RAPE PREVENTION GRANTS
SEC. 121. EDUCATION AND PREVENTION GRANTS TO RE-
DUCE SEXUAL ASSAULTS AGAINST WOMEN.
The Director of the Bureau of Justice Assistance (re-
ferred to in this subtitle as the ‘‘Director’’) is authorized
to make grants—
(1) to provide educational seminars, particularly
developed with emphasis on seminars for elementary
and secondary school age children, designed to
change attitudes regarding rape and develop an
awareness of what acts may meet the legal definition
of rape;
(2) to provide programs for elementary and sec-
ondary school age children that teach nonviolent
conflict resolution, self defense or other relevant
skills;
(3) to operate telephone hotlines for callers with
questions regarding sexual assault and rape;
(4) to design and disseminate training pro-
grams for professionals, including the development
and dissemination of protocols for the routine identi-
fication, treatment, and appropriate referral of vic-
tims of sexual assault by hospital emergency person-
nel and other professionals;
(5) develop treatment programs for convicted
sex offenders and make such programs available in
the local community and in Federal and State pris-
ons.
(6) prepare and disseminate informational ma-
terials designed to educate the community regarding
sexual assault and prevention; and
(7) to develop other projects to increase aware-
ness and prevention of sexual assault, including ef-
forts to increase awareness of sexual assault preven-
tion among racial, ethnic, cultural and language mi-
norities.
SEC. 122. APPLICATIONS.
(a) IN GENERAL.—To be eligible to receive a grant
under this subtitle, a duly authorized representative of an
eligible entity shall submit an application to the Director
in such form and containing such information as the Di-
rector may reasonably require.
(b) ASSURANCES.—Each application must contain an
assurance that Federal funds received under this subtitle
shall be used to supplement, not supplant, non-Federal
funds that would otherwise be available for activities fund-
ed under this subtitle.
(c) REQUIRED PLAN.—Each application shall include
a plan that contains—
(1) a description of the projects to be devel-
oped;
(2) a description of how funds would be spent;
(3) a statement of staff qualifications and dem-
onstrated expertise in the field of rape prevention
and education; and
(4) a statement regarding the ability to serve
community needs and language minority populations
in providing ethnically and culturally appropriate
programs where necessary.
SEC. 123. REPORTS.
(a) GRANTEE REPORTING.—Upon completion of the
grant period under this part, each grantee shall file a per-
formance report with the Director explaining the activities
carried out together with an assessment of the effective-
ness of such activities in achieving the purposes of this
part. The Director shall suspend funding for an approved
application if an applicant fails to submit an annual per-
formance report.
(b) BUREAU REPORTING.—Not later than 180 days
after the end of each fiscal year for which grants are made
under this part, the Director shall submit to the Congress
a report that includes, for each grantee—
(1) the amount of grants made under this part;
(2) a summary of the purposes for which grants
were provided and an evaluation of progress; and
(3) a copy of each grantee report filed pursuant
to subsection (a).
SEC. 124. DEFINITIONS.
For purposes of this subtitle:
(1) the term ‘‘eligible entity’’ means a non-prof-
it, nongovernmental organization that directly serves
or provides advocacy on behalf of victims of rape or
sexual assault.
(2) the term ‘‘sexual assault prevention and
education’’ means education and prevention efforts
directed at reducing the number of sexual assaults.
SEC. 125. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
the purposes of this subtitle, $60,000,000 for fiscal year
1994, 
$75,000,000 
for 
fiscal 
year 
1995, 
and
$100,000,000 for fiscal year 1996.
CHAPTER 2—
OFFENDER TRAINING AND INFORMATION
PROGRAMS
SEC. 126. NATIONAL INSTITUTE OF JUSTICE TRAINING
PROGRAMS.
(a) IN GENERAL.—The National Institute of Justice,
after consultation with victim advocates and individuals
who have expertise in treating sex offenders, shall estab-
lish criteria and develop training programs to assist proba-
tion and parole officer and other personnel who work with
released sex offenders in the areas of—
(1) case management;
(2) supervision; and
(3) relapse prevention.
(b) TRAINING PROGRAMS.—The Director of the Na-
tional Institute of Justice shall attempt, to the extent
practicable, to make training programs developed under
subsection (a) available in geographically diverse locations
throughout the country.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $1,000,000 for each of the
fiscal years 1994 and 1995 to carry out the provisions
of this section.
SEC. 127. INFORMATION PROGRAMS.
The Attorney General shall compile information re-
garding sex offender treatment programs and ensure that
information regarding community treatment programs in
the community into which a convicted sex offender is re-
leased is made available to—
(1) each person serving a sentence of imprison-
ment in a penal or correctional institution for a com-
mission of an offense under chapter 109A of title 18
of the United States Code or for the commission of
a similar offense; and
(2) each person serving a sentence of imprison-
ment in an institution other than a penal or correc-
tional institution for a commission of an offense
under chapter 109A of title 18 of the United States
Code or for the commission for a similar offense.
Subtitle C—Victim Compensation
SEC. 131. VICTIM COMPENSATION.
(A) IN GENERAL.—Chapter 109A of title 18, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2248. Mandatory restitution for sex offenses
‘‘(a) IN GENERAL.—Notwithstanding the terms of
section 3663, and in addition to any other civil or criminal
penalty authorized by law, the court shall order restitution
for any offense under this chapter.
‘‘(b) SCOPE AND NATURE OF ORDER.—
‘‘(1) IN
GENERAL.—The order of restitution
under this section shall direct that—
‘‘(A) the defendant pay to the victim the
full amount of the victim’s losses as determined
by the court, pursuant to paragraph (3); and
‘‘(B) the United States Attorney enforce
the restitution order by all available and reason-
able means.
‘‘(2) DEFINITIONS.—As used in this subsection,
the term ‘full amount of the victim’s losses’ includes
any costs incurred by the victim for—
‘‘(A) medical services relating to physical,
psychiatric, or psychological care;
‘‘(B) physical and occupational therapy or
rehabilitation;
‘‘(C) lost income; and
‘‘(D) any other losses suffered by the vic-
tim as a proximate result of the offense.
‘‘(3) MANDATORY
NATURE
OF
ORDER.—Res-
titution orders under this section are mandatory. A
court may not decline to issue an order under this
section because of—
‘‘(A) the economic circumstances of the de-
fendant; or
‘‘(B) the fact that a victim has, or is enti-
tled to, receive compensation for his or her inju-
ries from the proceeds of insurance or any other
source.
‘‘(4) 
CONSIDERATION
OF
ECONOMIC
CIR-
CUMSTANCES.—
‘‘(A) IN
GENERAL.—Notwithstanding the
terms of paragraph (3), the court may take into
account the economic circumstances of the de-
fendant in determining the manner in which
and the schedule according to which the restitu-
tion is to be paid.
‘‘(B) DEFINITION.—For purposes of this
paragraph, the term ‘economic circumstances’
includes—
‘‘(i) the financial resources and other
assets of the defendant;
‘‘(ii) projected earnings, earning ca-
pacity, and other income of the defendant;
and
‘‘(iii) any financial obligations of the
defendant, including obligations to depend-
ents.
‘‘(C) LUMP-SUM OR PARTIAL PAYMENT.—
An order under this section may direct the de-
fendant to make a single lump-sum payment or
partial payments at specified intervals. The
order shall also provide that the defendant’s
restitutionary obligation takes priority over any
criminal fine ordered.
‘‘(D) PAYMENT TO OTHER PROVIDER OF
COMPENSATION.—In the event that the victim
has recovered for any amount of loss through
the proceeds of insurance or any other source,
the order of restitution shall provide that res-
titution be paid to the person who provided the
compensation, but that restitution shall be paid
to the victim before any restitution is paid to
any other provider of compensation.
‘‘(5) SETOFF.— Any amount paid to a victim
under this section shall be set off against any
amount later recovered as compensatory damages by
the victim from the defendant in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the ex-
tent provided by the law of the State.
‘‘(c) PROOF OF CLAIM.—
‘‘(1) IN GENERAL.—Within 60 days after con-
viction and, in any event, no later than 10 days
prior to sentencing, the United States Attorney (or
his delegee), after consulting with the victim, shall
prepare and file an affidavit with the court listing
the amounts subject to restitution under this sec-
tion. The affidavit shall be signed by the United
States Attorney (or his delegee) and the victim.
Should the victim object to any of the information
included in the affidavit, the United States Attorney
(or his delegee) shall advise the victim that the vic-
tim may file a separate affidavit.
‘‘(2) OBJECTIONS.—If no objection is raised by
the defendant, the amounts attested to in the affida-
vit filed pursuant to subsection (1) shall be entered
in the court’s restitution order. If objection is raised,
the court may require the victim or the United
States Attorney (or his delegee) to submit further
affidavits or other supporting documents, dem-
onstrating the victim’s losses.
‘‘(3) ADDITIONAL DOCUMENTATION AND TESTI-
MONY.—If the court concludes, after reviewing the
supporting documentation and considering the de-
fendant’s objections, that there is a substantial rea-
son for doubting the authenticity or veracity of the
records submitted, the court may require additional
documentation or hear testimony on those questions.
Any records filed, or testimony heard, pursuant to
this section, shall be in the judge’s chambers.
‘‘(4) FINAL DETERMINATION OF LOSSES.—In the
event that the victim’s losses are not ascertainable
10 days prior to sentencing as provided in sub-
section (c)(1), the United States Attorney (or his
delegee) shall so inform the court, and the court
shall set a date for the final determination of the
victim’s losses, not to exceed 90 days after sentenc-
ing. If the victim subsequently discovers further
losses, the victim shall have 60 days after discovery
of those losses in which to petition the court for an
amended restitution order. Such order may be grant-
ed only upon a showing of good cause for the failure
to include such losses in the initial claim for
restitutionary relief.
‘‘(d) DEFINITION.—For purposes of this section, the
term ‘victim’ includes any person who has suffered direct
physical harm as a result of a commission of a crime under
this chapter, including, in the case of a victim who is
under 18 years of age, incompetent, incapacitated, or de-
ceased, the legal guardian of the victim or representative
of the victim’s estate, another family member, or any other
person appointed as suitable by the court, except that in
no event shall the defendant be named as such representa-
tive or guardian.’’.
(b) TABLE OF SECTIONS.—The table of sections for
chapter 109A of title 18, United States Code, is amended
by adding at the end the following:
‘‘2248. Mandatory restitution for sex offenses.’’.
Subtitle D—National Board on
Violent Crime Against Women
SEC. 141. ESTABLISHMENT.
There is established an advisory board to be known
as the Interagency Advisory Board on Violent Crime
Against Women (in this Act referred to as the ‘‘Board’’).
SEC. 142. DUTIES OF BOARD.
(a) GENERAL PURPOSE OF THE BOARD.—The Board
shall assess and review policies and practices of the Fed-
eral Government regarding violence against women and
make recommendations regarding such policies and prac-
tices.
(b) FUNCTIONS.—The Board shall perform the fol-
lowing functions—
(1) review and evaluate the programs and poli-
cies developed by Federal agencies for the prevention
of crimes against women and assistance to women
who are victims of sexual assault and domestic vio-
lence, including programs and policies at the De-
partments of Justice, Health and Human Services,
Housing and Urban Development, and Education;
(2) evaluate the adequacy of, and make rec-
ommendations regarding, the role of the Federal
Government in assisting States in addressing vio-
lence against women;
(3) review research regarding violence against
women and recommend additional topics for re-
search;
(4) evaluate the adequacy of, and make rec-
ommendations regarding, data collection and govern-
ment statistics on the incidence and prevalence of
violent crimes against women;
(5) promote coordination between Federal agen-
cies charged with addressing violence against
women; and
(6) assess on an annual basis the progress
made by the Federal Government to improve pro-
grams designed to prevent violence against women
or assist women who are victims of violent crime.
SEC. 143. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—
(1) APPOINTMENT.—Not later than 90 days
after the enactment of this Act, and after consulta-
tion with the Secretaries of the Departments of
Health and Human Services, Housing and Urban
Development, and Education (referred to in this
subtitle as the ‘‘Secretaries’’), the Attorney General
shall appoint a Board composed of 13 members as
follows:
(A) 5 members who shall have expertise in
providing services to victims of domestic vio-
lence or sexual assault—
(i) two of whom shall have expertise
in the area of domestic violence;
(ii) two of whom shall have expertise
in the area of sexual assault; and
(iii) one of whom shall have expertise
in the area of counseling (drawn from so-
cial workers, psychologists or professional
counselors;
(B) 4 members with expertise in law en-
forcement or judicial administration, including
a representative member from one of each of
the following groups—
(i) police;
(ii) prosecutors;
(iii) judges; and
(iv) victims civil legal advocates;
(C) one member with expertise in correc-
tions;
(D) one member representing medical serv-
ice providers;
(E) one member representing State gov-
ernments; and
(F) one member representing local govern-
ments.
(2) REPRESENTATION.—The Attorney General
shall select members who are specially qualified to
serve on the Board based on their level of expertise
in national or State efforts to combat violence
against women or who have experience in national or
State advocacy service organizations that specialize
in sexual assault or domestic violence.
(3) EX
OFFICIO
MEMBERS.—Representatives
from the following positions shall be appointed to
serve as ex officio members:
(A) Representatives from the Department
of Justice—
(i) Assistant Attorney General for the
Office of Justice Programs;
(ii) Director of the Bureau of Justice
Assistance;