tice Institute shall expend no less than 40 percent on model
programs regarding domestic violence and no less than 40
percent on model programs regarding rape and sexual as-
sault.
Subtitle B—Education and Train-
ing for Judges and Court Per-
sonnel in Federal Courts
SEC. 411. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU-
CATION AND TRAINING GRANTS.
(a) STUDY.—In order to gain a better understanding
of the nature and the extent of gender bias in the Federal
courts, the circuit judicial councils are encouraged to con-
duct studies of the instances of gender bias in their respec-
tive circuits. The studies may include an examination of
the effects of gender on—
(1) the treatment of litigants, witnesses, attor-
neys, jurors, and judges in the courts, including before
magistrate and bankruptcy judges;
(2) the interpretation and application of the law,
both civil and criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes;
(5) sentencing;
(6) sentencing alternatives, facilities for incar-
ceration, and the nature of supervision of probation,
parole, and supervised release;
(7) appointments to committees of the Judicial
Conference and the courts;
(8) case management and court sponsored alter-
native dispute resolution programs;
(9) the selection, retention, promotion, and treat-
ment of employees;
(10) appointment of arbitrators, experts, and
special masters;
(11) the admissibility of past sexual history in
civil and criminal cases; and
(12) the aspects of the topics listed in section 402
that pertain to issues within the jurisdiction of the
Federal courts.
(b) CLEARINGHOUSE.—The Judicial Conference of the
United States shall designate an entity within the Judicial
Branch to act as a clearinghouse to disseminate any reports
and materials issued by the gender bias task forces under
subsection (a) and to respond to requests for such reports
and materials. The gender bias task forces shall provide this
entity with their reports and related material.
(c) MODEL PROGRAMS.—The Federal Judicial Center,
in carrying out section 620(b)(3) of title 28, United States
Code, shall—
(1) include in the educational programs it pre-
sents and prepares, including the training programs
for newly appointed judges, information on issues re-
lated to gender bias in the courts including such areas
as are listed in subsection (a) along with such other
topics as the Federal Judicial Center deems appro-
priate;
(2) prepare materials necessary to implement
this subsection; and
(3) take into consideration the findings and rec-
ommendations of the studies conducted pursuant to
subsection (a), and to consult with individuals and
groups with relevant expertise in gender bias issues as
it prepares or revises such materials.
SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated—
(1) $600,000 to the Salaries and Expenses Ac-
count of the Courts of Appeals, District Courts, and
other Judicial Services, to carry out section 411(a),
to be available until expended through fiscal year
1996;
(2) $100,000 to the Federal Judicial Center to
carry out section 411(c) and any activities designated
by the Judicial Conference under section 411(b); and
(3) such sums as are necessary to the Adminis-
trative Office of the United States Courts to carry out
any activities designated by the Judicial Conference
under section 411(b).
(b) THE JUDICIAL CONFERENCE
OF
THE UNITED
STATES.—(1) The Judicial Conference of the United States
Courts shall allocate funds to Federal circuit courts under
this subtitle that—
(A) undertake studies in their own circuits; or
(B) implement reforms recommended as a result
of such studies in their own or other circuits, includ-
ing education and training.
(2) Funds shall be allocated to Federal circuits under
this subtitle on a first come first serve basis in an amount
not to exceed $100,000 on the first application. If within
6 months after the date on which funds authorized under
this Act become available, funds are still available, circuits
that have received funds may reapply for additional funds,
with not more than $200,000 going to any one circuit.
Subtitle C—Evidentiary Rules
SEC. 421. EXPERT TESTIMONY OF DOMESTIC VIOLENCE.
(a) FINDINGS.—The Congress finds that—
(1) State criminal courts often fail to admit ex-
pert testimony offered by a defendant concerning the
nature and effect of physical, sexual, and mental
abuse to assist the trier of fact in assessing the behav-
ior, beliefs, or perceptions of such defendant in a do-
mestic relationship in which abuse has occurred;
(2) the average juror often has little understand-
ing of the nature and effect of domestic violence on
such a defendant’s behavior, beliefs, or perceptions,
and the lack of understanding can result in the juror
blaming the woman for her victimization;
(3) the average juror is often unaware that vic-
tims of domestic violence are frequently in greater
danger of violence after they terminate or attempt to
terminate domestic relationships with their abuser;
(4) myths, misconceptions, and victim-blaming
attitudes are often held not only by the average lay
person but also by many in the criminal justice sys-
tem, insofar as the criminal justice system tradition-
ally has failed to protect women from violence at the
hands of men;
(5) specialized knowledge of the nature and effect
of domestic violence is sufficiently established to have
gained the general acceptance which is required for
the admissibility of expert testimony;
(6) although both men and women can be vic-
tims of physical, sexual, and mental abuse by their
partners in domestic relationships, the most frequent
victims are women; and
(7) a woman is more likely to be assaulted and
injured, raped, or killed by her current or former
male partner than by any other type of assailant,
and over one-half of all women murdered are killed
by their current or former male partners.
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the executive branch, working through the State
Justice Institute, should examine programs which would
allow the States to consider—
(1) that expert testimony concerning the nature
and effect of domestic violence, including descriptions
of the experiences of battered women, be admissible
when offered in a State court by a defendant in a
criminal case to assist the trier of fact in understand-
ing the behavior, beliefs, or perceptions of such defend-
ant in a domestic relationship in which abuse has oc-
curred;
(2) that a witness be qualified to testify as an
expert witness based upon her or his knowledge, skill,
experience, training, or education, and be permitted
to testify in the form of an opinion or otherwise; and