(iii) Director of the Bureau of Justice
Statistics;
(iv) Director of the National Institute
of Justice; and
(v) Director of the Office of Victims
of Crime.
(B) Representatives from the Department
of Health and Human Services—
(i) Assistant Secretary for Health;
(ii) Deputy Assistant Secretary for
Health (Disease Prevention and Health
Promotion);
(iii) Administrator of Health Re-
sources and Services Administration;
(iv) Director for the Centers for Dis-
ease Control;
(v) Assistant Secretary for Human
Development Services; and
(vi) Commissioner of the Administra-
tion for Children, Youth, and Families.
(C) Representatives from the Department
of Housing and Human Development—
(i) Assistant Secretary for Housing;
(ii) Assistant Secretary for Commu-
nity Planning and Development; and
(iii) Assistant Secretary for Policy De-
velopment and Research.
(D) Representatives from the Department
of Education—
(i) Assistant Secretary for Post-sec-
ondary Education; and
(ii) Assistant Secretary for Elemen-
tary and Secondary Education.
(E) Additional Representatives—The At-
torney General shall appoint additional officers
or employees of the United States as deemed
necessary.
(4) SUBCOMMITTEES.—The Board may estab-
lish subcommittees composed of Board members
with expertise in a particular area, but if estab-
lished, shall include representation from a represent-
ative of services for victims.
(5) TERM
OF
MEMBERS.—Members of the
Board shall serve for the life of the Board.
(6) VACANCY.—A vacancy on the Board shall
be filled in the manner in which the original appoint-
ment was made.
(b) CHAIRPERSON.—Not later than 15 days after
the members of the Board are appointed, such members
shall select a Chairperson from among the members of the
Board.
(c) QUORUM.—7 members of the Board shall con-
stitute a quorum, but a lesser number may be authorized
by the Board to conduct hearings.
(d) MEETINGS.—The Board shall hold its first meet-
ing on a date specified by the Chairperson, but such date
shall not be later than 60 days after the date of the enact-
ment of this Act. After the initial meeting, the Board shall
meet at the call of the Chairperson, at the request of the
Attorney General or the Secretaries, or a majority of its
members, but shall meet not less than twice each year.
(e) PAY.—Members of the Board who are officers or
employees or elected officials of the Federal Government
shall receive no additional compensation by reason of their
service on the Board.
(f) PER DIEM.—Except as provided in subsection (e),
while away from their homes or regular places of business
in the performance of duties for the Board, members of
the Board shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under sections 5702 and 5703 of title 5,
United States Code.
SEC. 144. REPORTS.
(a) REPORT
TO ATTORNEY GENERAL.—Not later
than 1 year after the date on which the Board is fully
constituted under section 143 and each subsequent year,
the Board shall prepare and submit a report to the Attor-
ney General and the Secretaries which includes the follow-
ing:
(1) ACTIVITIES.—A description of the activities
during such year.
(2) EVALUATION.—A description and evalua-
tion of the programs and practices of the Federal
Government regarding violence against women.
(3) IMPROVEMENT.—An evaluation of the
progress made by the Federal Government to im-
prove programs and practices regarding violence
against women.
(4) RECOMMENDATIONS.—Recommendations by
the Board for improvement in programs and prac-
tices by the Federal Government regarding violence
against women and the coordination between Fed-
eral agencies responsible for providing programs to
address violence against women.
(b) REPORT TO CONGRESS.—The Attorney General
shall submit a report each year to the appropriate commit-
tees of the House of Representatives and the Senate re-
garding the findings and recommendations of the Board.
SEC. 145. EXECUTIVE DIRECTOR AND STAFF.
(a) EXECUTIVE DIRECTOR.—
(1) APPOINTMENT.—The Board shall have an
Executive Director who shall be appointed by the
Chairperson, with the approval of the Board, not
later than 60 days after the Chairperson is selected.
(2) COMPENSATION.—The Executive Director
shall be compensated at a rate not to exceed the
maximum rate of the basic pay payable under GS–
15 of the General Schedule as contained in title 5,
United States Code.
(b) STAFF.—With the approval of the Board, the Ex-
ecutive Director may appoint and fix the compensation of
such additional personnel as the Executive Director con-
siders necessary to carry out the duties of the Board.
(c) APPLICABILITY OF CIVIL SERVICE LAWS.—The
Executive Director and the additional personnel of the
Board appointed under subsection (b) may be appointed
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
and may be paid without regard to the provisions of chap-
ter 51 and subchapter III of chapter 53 of such title relat-
ing to classification and General Schedule pay rates.
(d) CONSULTANTS.—Subject to such rules as may be
prescribed by the Board, the Executive Director may pro-
cure temporary or intermittent services under section
3109(b) of title 5, United States Code, at rates for individ-
uals not to exceed $200 per day.
SEC. 146. POWERS OF BOARD.
(a) HEARINGS.—For the purpose of carrying out this
subtitle, the Board may conduct such hearings, set and
act at such times and places, take such testimony, and
receive such evidence, as the Board considers appropriate.
The Board may administer oaths before the Board.
(b) DELEGATION.—Any member or employee of the
Board may, if authorized by the Board, take any action
that the Board is authorized to take under this subtitle.
(c) ACCESS TO INFORMATION.—The Board may se-
cure directly from any executive department or agency
such information as may be necessary to enable the Board
to carry out this subtitle, except to the extent that the
department or agency is expressly prohibited by law from
furnishing such information. On the request of the Chair-
person of the Board, the head of such a department or
agency shall furnish nonprohibited information to the
Board.
(d) MAILS.—The Board 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. 147. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal year
1994, $500,000 to carry out the purposes of this subtitle.
SEC. 148. TERMINATION.
The Board shall remain in existence until the Attor-
ney General and the Secretaries agree to terminate the
Board.
Subtitle E—Safe Campuses for
Women
SEC. 151. CAMPUS SEXUAL ASSAULT STUDY.
(a) STUDY.—The Attorney General shall provide for
a national baseline study to examine the scope of the prob-
lem of campus sexual assaults and the effectiveness of in-
stitutional and legal policies in addressing such crimes and
protecting victims. The Attorney General may utilize the
Bureau of Justice Statistics, the National Institute of Jus-
tice, and the Office for Victims of Crime in carrying out
this section.
(b) REPORT.—Based on the study required by sub-
section (a), the Attorney General shall prepare a report
including an analysis of—
(1) the number of reported allegations and esti-
mated number of unreported allegations of campus
sexual assaults, and to whom the allegations are re-
ported (including authorities of the educational insti-
tution, sexual assault victim service entities, and
local criminal authorities);
(2) the number of campus sexual assault allega-
tions reported to authorities of educational institu-
tions which are reported to criminal authorities;
(3) the number of campus sexual assault allega-
tions that result in criminal prosecution in compari-
son with the number of noncampus sexual assault
allegations that result in criminal prosecution;
(4) Federal and State laws or regulations per-
taining specifically to campus sexual assaults;
(5) the adequacy of policies and practices of
educational institutions in addressing campus sexual
assaults and protecting victims, including consider-
ation of—
(A) the security measures in effect at edu-
cational institutions, such as utilization of cam-
pus police and security guards, control over ac-
cess to grounds and buildings, supervision of
student activities and student living arrange-
ments, control over the consumption of alcohol
by students, lighting, and the availability of es-
cort services;
(B) the articulation and communication to
students of the institution’s policies concerning
sexual assaults;
(C) policies and practices that may prevent
or discourage the reporting of campus sexual
assaults to local criminal authorities, or that
may otherwise obstruct justice or interfere with
the prosecution of perpetrators of campus sex-
ual assaults;
(D) the nature and availability of victim
services for victims of campus sexual assaults;
(E) the ability of educational institutions’
disciplinary processes to address allegations of
sexual assault adequately and fairly;
(F) measures that are taken to ensure that
victims are free of unwanted contact with al-
leged assailants, and disciplinary sanctions that
are imposed when a sexual assault is deter-
mined to have occurred; and
(G) the grounds on which educational in-
stitutions are subject to lawsuits based on cam-
pus sexual assaults, the resolution of these
cases, and measures that can be taken to avoid
the likelihood of lawsuits and civil liability;
(6) an assessment of the policies and practices
of educational institutions that are of greatest effec-
tiveness in addressing campus sexual assaults and
protecting victims, including policies and practices
relating to the particular issues described in para-
graph (5); and
(7) any recommendations the Attorney General
may have for reforms to address campus sexual as-
saults and protect victims more effectively, and any
other matters that the Attorney General deems rel-
evant to the subject of the study and report required
by this section.
(c) SUBMISSION OF REPORT.—The report required
by subsection (b) shall be submitted to the 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 APPROPRIATIONS.—There is
authorized to be appropriated $200,000 to carry out the
study required by this section.
TITLE II—SAFE HOMES FOR
WOMEN
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Safe Homes for
Women Act’’.
Subtitle A—Interstate Enforcement
SEC. 211 INTERSTATE ENFORCEMENT.
(a) IN GENERAL.—Part 1 of title 18, United States
Code, is amended by inserting after chapter 110 the fol-
lowing new chapter:
‘‘Chapter 110A—Domestic violence and stalking
‘‘Sec. 2261. Interstate domestic violence.
‘‘Sec. 2262. Violation of protection order.
‘‘Sec. 2263. Interim protections.
‘‘Sec. 2264. Restitution.
‘‘Sec. 2265. Full faith and credit given to protection orders.
‘‘Sec. 2266. Definitions for chapter.
‘‘§ 2261. Interstate domestic violence
‘‘(a) Whoever travels across a State line with the in-
tent to contact that person’s spouse or intimate partner,
and in the course of that contact intentionally commits
a crime of violence and thereby causes bodily injury to
such spouse or intimate partner, shall be punished as pro-
vided in subsection (b) of this section.
‘‘(b) The punishment for a violation of subsection (a)
of this section is a fine under this title, or imprisonment—
‘‘(1) for life or any term of years, if the of-
fender murders the victim;
‘‘(2) for not more than 20 years, if the offender
causes serious bodily injury to the victim;
‘‘(3) for not more than 10 years, if the offender
uses a dangerous weapon during the offense;
‘‘(4) for not more than 5 years, in any other
case;
or both such fine and imprisonment; and
‘‘(5) if the offense constitutes sexual abuse, as
that conduct is described under chapter 109A (with-
out regard to whether the offense was committed in
the maritime, territorial or prison jurisdiction of the
United States) by fine or term of imprisonment as
provided for the applicable conduct under chapter
109A.
‘‘§ 2262. Violation of protection order
‘‘(a) Whoever travels across a State line with the in-
tent to engage in conduct that—
‘‘(1) violates a protection order; or
‘‘(2) would violate such order if the conduct oc-
curred in the jurisdiction in which such order was is-
sued;
and does engage in such conduct shall be punished as pro-
vided in subsection (b) of this section.
‘‘(b) The punishment for a violation of subsection (a)
of this section is a fine under this title, or imprisonment
for not less than 3 months and not more than 3 years,
or both. Any term or imprisonment imposed under this
section shall be consecutive to any term imposed under
section 2261 with respect to the same criminal episode.
‘‘§ 2263. Pretrial release of defendant
‘‘In any proceeding pursuant to section 3142 of this
title for the purpose of determining whether a defendant
charged under this section shall be released pending trial,
or for the purpose of determining conditions of such re-
lease, the alleged victim shall be given an opportunity to
be heard regarding the danger posed by the defendant.
‘‘§ 2264. Restitution
‘‘(a) IN GENERAL.—In addition to any fine or term
of imprisonment provided under this chapter, and notwith-
standing the terms of section 3663 of this title, the court
shall order restitution to the victim of an offense under
this chapter.
‘‘(b) SCOPE AND NATURE OF ORDER.—
‘‘(1) IN
GENERAL.—The order of restitution
under this section shall direct that—
‘‘(A) the defendant pay to the victim the
full amount of the victim’s losses as determined
by the court, pursuant to paragraph (3); and
‘‘(B) the United States Attorney enforce
the restitution order by all available and reason-
able means.
‘‘(2) DEFINITION.—As used in this subsection,
the term ‘full amount of the victim’s losses’ includes
any costs incurred by the victim for—
‘‘(A) medical services relating to physical,
psychiatric, or psychological care;
‘‘(B) physical and occupational therapy or
rehabilitation;
‘‘(C) lost income;
‘‘(D) attorneys’ fees, plus any costs in-
curred in obtaining a civil protection order;
‘‘(E) temporary housing;
‘‘(F) transportation;
‘‘(H) necessary child care;
‘‘(I) language translation services; and
‘‘(J) 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 victim has, or is entitled
to receive compensation for his or her injuries
from the proceeds of insurance.
‘‘(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, including—
‘‘(i) the financial resources and other
assets of the defendant;
‘‘(ii) projected earnings, earning ca-
pacity, and other income of the defendant;
and
‘‘(iii) any financial obligations of the
offender, including obligations to depend-
ents.
‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—
An order under this section may direct the de-
fendant to make a single lump-sum payment, or
partial payments at specified intervals. The
order shall provide that the defendant’s
restitutionary obligation takes priority over any
criminal fine ordered.
‘‘(C) 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 setoff against any amount
later recovered as compensatory damages by the vic-
tim from the defendant in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the ex-
tent provided by the law of the State.
‘‘(c) PROOF OF CLAIM.—
‘‘(1) IN GENERAL.—Within 60 days after con-
viction and, in any event, no later than 10 days be-
fore sentencing, the United States Attorney (or such
Attorney’s delegee), after consulting with the victim,
shall prepare and file an affidavit with the court list-
ing the amounts subject to restitution under this
section. The affidavit shall be signed by the United
States Attorney (or the delegee) and the victim.
Should the victim object to any of the information
included in the affidavit, the United States Attorney
(or the delegee) shall advise the victim that the vic-
tim may file a separate affidavit and assist the vic-
tim in the preparation of that 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 such Attorney’s delegee) to sub-
mit further affidavits or other supporting docu-
ments, demonstrating the victim’s losses.
‘‘(3) ADDITIONAL DOCUMENTATION OR TESTI-
MONY.—If the court concludes, after reviewing the
supporting documentation and considering the de-
fendant’s objections, that there is a substantial rea-
son for doubting the authenticity or veracity of the
records submitted, the court may require additional
documentation or hear testimony on those questions.
Any records filed, or testimony heard, pursuant to
this section, shall be in camera in the judge’s cham-
bers.
‘‘(4) FINAL DETERMINATION OF LOSSES.—In
the event that the victim’s losses are not ascertain-
able 10 days before sentencing as provided in sub-
section (c)(1), the United States Attorney (or such
Attorney’s delegee) shall so inform the court, and
the court shall set a date for the final determination
of the victims’s losses, not to exceed 90 days after
sentencing. If the victim subsequently discovers fur-
ther losses, the victim shall have 90 days after dis-
covery of those losses in which to petition the court
for an amended restitution order. Such order may be
granted only upon a showing of good cause for the
failure to include such losses in the initial claim for
restitutionary relief.
‘‘(d) RESTITUTION AND CRIMINAL PENALTIES.—An
award of restitution to the victim of an offense under this
chapter shall not be a substitute for imposition of punish-
ment under sections 2261.
‘‘(e) DEFINITIONS.—As used in this section, the term
‘victim’ includes any person who has suffered direct phys-
ical, emotional, or pecuniary harm as a result of a commis-
sion of a crime under this chapter, including, in the case
of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, 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 representative or guardian.
‘‘§ 2265. Full faith and credit given to protection or-
ders
‘‘(a) FULL FAITH
AND CREDIT.—Any protection
order issued consistent with the terms of subsection (b)
by the court of one State (the issuing State) shall be ac-
corded full faith and credit by the court of another State
(the enforcing State) and enforced as if it were the order
of the enforcing State.
‘‘(b) PROTECTION ORDER.—A protection order is-
sued by a State court is consistent with the provisions of
this section if—
‘‘(1) such court has jurisdiction over the parties
and matter under the law of such State; and
‘‘(2) reasonable notice and opportunity to be
heard is given to the person against whom the order
is sought sufficient to protect that person’s right to
due process. In the case of ex parte orders, notice
and opportunity to be heard must be provided within
the time required by State law, and in any event
within a reasonable time after the order is issued,
sufficient to protect the respondent’s due process
rights.
‘‘(c) CROSS OR COUNTER PETITION.—A protection
order issued by a State court against one who has peti-
tioned, filed a complaint, or otherwise filed a written
pleading for protection against abuse by a spouse or inti-
mate partner is not entitled to full faith and credit if—
‘‘(1) no cross or counter petition, complaint, or
other written pleading was filed seeking such a pro-
tection order; or
‘‘(2) a cross or counter petition has been filed
and the court did not make specific findings that
each party was entitled to such an order.
‘‘§ 2266. Definitions for chapter
‘‘As used in this chapter—
‘‘(1) the term ‘spouse or intimate partner’ in-
cludes—
‘‘(A) a spouse, a former spouse, a person
who shares a child in common with the abuser,
a person who cohabits or has cohabited with the
abuser as a spouse, and any other person simi-
larly submitted to a spouse; and
‘‘(B) any other person, other than a minor
child, who is protected by the domestic or fam-
ily violence laws of the State in which the injury
occurred or where the victim resides;
‘‘(2) the term ‘protection order’ includes any in-
junction or other order issued for the purpose of
preventing violent or threatening acts by one spouse
against his or her spouse, former spouse, or intimate
partner, including temporary and final orders issued
by civil and criminal courts (other than support or
child custody orders) whether obtained by filing an
independent action or as a pendente lite order in an-
other proceeding so long as any civil order was is-
sued in response to a complaint, petition or motion
filed by or on behalf of an abused spouse or intimate
partner;
‘‘(3) the term ‘State’ includes a State of the
United States, the District of Columbia, and any In-
dian tribe, commonwealth, territory, or possession of
the United States; and
‘‘(4) the term ‘travel across State lines’ does
not include travel across State lines by an individual
who is a member of an Indian tribe when such indi-
vidual remains at all times in the territory of the In-
dian tribe of which the individual is a member.’’.
(b) TABLE OF CHAPTERS.—The table of chapters at
the beginning part 1 of title 18, United States Code, is
amended by inserting after the item for chapter 110 the
following:
‘‘110A. Violence against spouses .................................................. 2261.’’.
Subtitle B—Arrest in Domestic
Violence Cases
SEC. 221. ENCOURAGING ARREST POLICES.
(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 R as part S;
(2) redesignating section 1801 as section 1901;
and
(3) adding after part Q the following new part:
‘‘PART R—GRANTS TO ENCOURAGE ARREST
POLICIES
‘‘SEC. 1801. ARREST POLICIES.
‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of
this part is to encourage States, Indian tribes, cities, and
other localities to treat domestic violence as a serious vio-
lation of criminal law. The Director of the Bureau of Jus-
tice Assistance may make grants to eligible States, Indian
tribes, municipalities, or local government entities for the
following:
‘‘(1) to implement mandatory arrest or pro-ar-
rest programs, including mandatory arrest programs
for protective order violations;
‘‘(2) to develop policies, and training in police
departments to improve tracking of cases involving
domestic violence;
‘‘(3) to centralize and coordinate police enforce-
ment, prosecution, or judicial responsibility for do-
mestic violence cases in groups or units of police of-
ficers, prosecutors, or judges;
‘‘(4) to strengthen legal advocacy service pro-
grams for victims of domestic violence; and
‘‘(5) to educate judges in criminal and other
courts about domestic violence and to improve judi-
cial handling of such cases.
‘‘(b) ELIGIBILITY.—Eligible grantees are States, In-
dian tribes, or units of local government that—
‘‘(1) certify that their laws or official policies—
‘‘(A)(i) mandate arrest of spouse abusers
based on probable cause that violence has been
committed; or
‘‘(ii) permit warrantless misdemeanor ar-
rests of spouse abusers and encourage the use
of that authority; and
‘‘(B) mandate arrest of spouse abusers
who violate the terms of a valid and outstand-
ing protection order;
‘‘(2) demonstrate that their laws, policies, or
practices, and training programs discourage dual ar-
rests of abused and abuser and the increase in ar-
rest rates demonstrated pursuant to paragraph
(1)(A) is not the result of increased dual arrests;
and
‘‘(3) certify that their laws, policies, and prac-
tices prohibit issuance of mutual restraining orders
of protection except in cases where both spouses file
a claim and the court makes detailed finding of fact
indicating that both spouses acted primarily as ag-
gressors and that neither spouse acted primarily in
self-defense.
‘‘SEC. 1802. APPLICATIONS.
‘‘(a) APPLICATION.—An eligible grantee shall submit
an application to the Director that shall—
‘‘(1) describe plans to implement policies de-
scribed in subsection (b);
‘‘(2) identify the agency or office or groups of
agencies or offices responsible for carrying out the
program; and
‘‘(3) include documentation from nonprofit,
nongovernmental sexual assault and domestic vio-
lence programs demonstrating their participation in
developing the application, and identifying such pro-
grams in which such groups will be consulted for de-
velopment and implemention.
‘‘(b) PRIORITY.—In awarding grants under this part,
the Director shall give priority to an applicant that—
‘‘(1) does not currently provide for centralized
handling of cases involving spousal or family violence
by policy, prosecutors, and courts; and
‘‘(2) demonstrates a commitment to strong en-
forcement of laws, and prosecution of cases, involv-
ing spousal or family violence.
‘‘SEC. 1803. REPORTS.
‘‘Each grantee receiving funds under this part shall
submit a report to the Director evaluating the effective-
ness of projects developed with funds provided under this
part and containing such additional information as the
Secretary may prescribe.
‘‘SEC. 1804. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) the term ‘domestic violence’ means a crime
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 cohab-
its with or has cohabited with the victim as a
spouse, or any other individual similarly situated to
a spouse, or any other person who is protected under
the domestic or family violence laws of the eligible
State, Indian tribe, municipality, or local govern-
ment entity.
‘‘(2) the term ‘protector order’ includes any in-
junction issued for the purpose of preventing violent
or threatening acts of domestic violence including
temporary and final orders issued by civil and crimi-
nal courts (other than support or child custody pro-
visions) whether obtained by filing an independent
action or as a pendente lite order in another pro-
ceeding; and
‘‘SEC. 1805. AUTHORIZATION OF APPROPRIATIONS.
‘‘There 
are 
authorized 
to 
be 
appropriated
$25,000,000 for each of the fiscal years 1994, 1995, and
1996 to carry out the purposes of this part.’’.
(b) EFFECTIVE DATE.—The eligibility requirements
provided in this section shall take effect 1 year after the
date of enactment of this section.
(c) 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 R and inserting
the following:
‘‘PART R—GRANTS TO ENCOURAGE ARREST POLICIES
‘‘Sec. 1801. Arrest Policies.
‘‘Sec. 1802. Applications.
‘‘Sec. 1803. Reports.
‘‘Sec. 1804. Authorization of Appropriations.
‘‘PART S—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1901. Continuation of rules, authorities, and proceedings.’’.
Subtitle C—Safe Homes for
Immigrant Women
SEC. 231. SAFE HOMES FOR IMMIGRAMT WOMEN.
(a) ABUSED ALIEN FAMILY MEMBER DEFINED.—
Section 101(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(47)(A) The term ‘abused’ means having been bat-
tered or subjected to extreme cruelty, including intimida-
tion and including, additionally in the case of a child, hav-
ing been abondoned.
‘‘(B) The term ‘abused alien family member’ means
an alien who—
‘‘(i) is the spouse or child of a citizen of the
United States or an alien lawfully admitted for per-
manent residence and has been abused by such citi-
zen or permanent resident;
‘‘(ii) is the spouse of a citizen of the United
States or of an alien lawfully admitted for perma-
nent residence whose child has been abused by such
citizen or permanent resident parent.
‘‘(C) The term ‘citizen or resident abuser’ means a
citizen of the United States or an lien lawfully admitted
for permanent residence who abuses an abused alien fam-
ily member (as defined in subparagraph (B)).’’.
(b) RIGHT TO SELF-PETITION.—Section 204(a)(1) of
such Act (8 U.S.C. 1154(a)(1)) is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘citizen of the United
States claiming that an alien’’ and inserting
‘‘alien (or in the case of an alien under 21
years of age, a parent or custodian of the alien)
claiming that the alien’’,
(B) by inserting ‘‘(2),’’ after ‘‘(1),’’, and
(C) by striking the second sentence and in-
serting the following: ‘‘A petition filed under
this subparagraph may only be withdrawn by
the beneficiary or self-petitioner.’’;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraphs (C) through
(G) as subparagraphs (B) through (F), respectively.
(c) SURVIVAL RIGHTS TO PETITION FOR ABUSED
ALIEN FAMILY MEMBERS.—Section 204 of such Act (8
U.S.C. 1154) is amended by adding at the end the follow-
ing new subsection:
‘‘(h) SURVIVAL RIGHTS FOR ABUSED ALIEN FAMILY
MEMBERS.—An abused alien family member shall be con-
sidered, for the purpose of section 201(b)(2)(A)(i) or
203(a)(2), as the case may be, to remain the spouse or
child of a citizen or resident abuser after the legal termi-
nation of the marriage through which the member seeks
immigrant status, but only if the member files a petition
under section 204(a)(1)(A) within two years after the date
of such legal termination (or, in the case of a child and
if later, within 2 years after the date the child reaches
the age of 21) and only, in the case of a former spouse,
until the date the former spouse remarries. Such legal ter-
mination shall not be a basis for revocation of a petition
under section 205.’’.
(d) STAY OF DEPORTATION AND WORK AUTHORIZA-
TION FOR ABUSED ALIEN FAMILY MEMBERS.—
(1) IN GENERAL.—The Immigration and Na-
tionality Act is amended by inserting after section
244A the following new section:
‘‘STAY OF DEPORTATION AND WORK AUTHORIZATION FOR
ABUSED ALIEN FAMILY MEMBERS
‘‘SEC. 244B. (a) IN GENERAL.—An abused alien
family member in the United States who has not been law-
fully admitted for permanent residence and who dem-
onstrates that there are reasonable grounds to believe that
the alien or the alien’s child is being abused by a citizen
or resident abuser—
‘‘(1) may not be deported or otherwise required
to depart from the United States on a ground speci-
fied in paragraph (1)(A), (1)(B), (1)(C), or (3)(A)
of section 241(a) (other than so much of section
241(a)(12)(A) as relates to a ground of exclusion de-
scribed in paragraph (2) or (3) of section 212(a)),
and
‘‘(2) shall be granted authorization to engage in
employment in the United States,
until such time as an immigrant visa is available and the
alien’s application for adjustment of status under section
245 has been finally adjudicated by the Attorney General.
‘‘(b) FRAUDULENT CLAIMS.—The Attorney General
may revoke the work authorization of, and initiate depor-
tation proceedings against, any alien who has fraudulently
made a claim to be an abused alien family member, if the
alien has received notice of intent to revoke and has a rea-
sonable opportunity to rebut evidence supporting the rev-
ocation.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by inserting after the
item relating to section 244 the following new item:
‘‘Sec. 244B. Stay of deportation and work authorization for abused alien family
members.’’.
(e) RULES
FOR ADJUSTMENT
OF STATUS
FOR
ABUSED ALIEN FAMILY MEMBERS.—Section 245 of such
Act (8 U.S.C. 1255) is amended by adding at the end the
following new subsection:
‘‘(i) In applying this section to an abused alien family
member (as defined in section 101(a)(47)(B)) who has
filed a petition under section 204(a)(1)(A)—
‘‘(1) the alien shall be deemed (if not otherwise
inspected and admitted or paroled into the United
States) for purposes of subsection (a) to have been
inspected and admitted into the United States,
‘‘(2) clauses (2) through (4) of subsection (c)
shall not apply, and
‘‘(3) subsection (d) shall not apply.’’.
(f) EVIDENCE.—
(1) BATTERED
SPOUSAL
WAIVER
APPLICA-
TIONS.—Section 216(c)(4) of such Act (8 U.S.C.
1186a(c)(4)) is amended by adding at the end the
following: ‘‘In acting on an application under this
paragraph, the Attorney General may not require
that the application be supported by an evaluation of
a licensed mental health professional, but must con-
sider and evaluate all evidence submitted. Once it
has been determined that an applicant is an abused
alien family member, the Attorney General shall
grant the member’s application.’’.
(2) APPLICATIONS FOR STAY OF DEPORTATION
AND WORK AUTHORIZATION.—Section 244B of such
Act, as inserted by subsection (d)(1), is amended by
adding at the end the following new subsection:
‘‘(c) The last two sentences of section 216(c)(4) shall
apply to applications for relief under this section in the
same manner as it applies to relief under section
216(c)(4).’’.
(g) DUE PROCESS RIGHTS RELATING TO DENIALS
OF APPLICATIONS
BY ABUSED ALIEN FAMILY MEM-
BERS.—
(1) 
BATTERED
SPOUSAL
WAIVER
APPLI-
CANTS.—Section 216(d) of such Act (8 U.S.C.
1186a(d)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(4) DUE
PROCESS
RIGHTS
FOR
BATTERED
SPOUSE WAIVER APPLICANTS.—The Attorney Gen-
eral shall not deny an application under subpara-
graph (B) or (C) of subsection (c)(4) unless the ap-
plicant has had an opportunity to present any evi-
dence and witnesses in support of the application
and to confront any adverse evidence at a hearing
convened solely for the purpose of establishing the
facts described in the respective subparagraph.’’.
(2) RIGHT
OF
REVIEW
FOR
ABUSED
ALIEN
FAMILY MEMBERS IN DEPORTATION AND EXCLUSION
PROCEEDINGS.—(A) Section 242 of such Act (8
U.S.C. 1252) is amended by adding at the end the
following new subsection:
‘‘(j) Any abused alien family member whose petition
or application was denied or revoked under section 204,
205, 244B, or 245 may request a review of such deter-
mination in a proceeding to exclude the alien under section
236 or to deport the alien under this section. Any such
review shall be in addition to any other review provided
by regulation or statute.’’.
(h) EFFECTIVE DATES.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendments made by
this section shall take effect on the date of the en-
actment of this Act.
(2) CONVERSION
OF
CURRENT
PETITIONS.—
Any petition for classification under subparagraph
(A) or (B) of section 204(a)(1) of the Immigration
and Nationality Act filed on a date before the date
of the enactment of this Act for the benefit of an
alien shall be deemed to be a petition filed by such
alien on such date under section 204(a)(1)(A) of
such Act (as amended by this section).
(3) SURVIVAL RIGHTS.—The amendments made
by subsection (c) shall apply to legal terminations of