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H.R. 1133 (103rd): Violence Against Women Act of 1993


The text of the bill below is as of Nov 22, 1993 (Referred to Senate Committee). The bill was not enacted into law.


HR 1133 RFS

103d CONGRESS

1st Session

H. R. 1133

IN THE SENATE OF THE UNITED STATES

November 20 (legislative day, NOVEMBER 2), 1993

Received

November 22, 1993

Read twice and referred to the Committee on the Judiciary


AN ACT

To combat violence and crimes against women.

    Be it enacted by the Senate and House of Representatives 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’.

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, Indian tribes, and other eligible entities to develop effective law enforcement and prosecution strategies to combat violent crimes against women.

    ‘(b) PURPOSES FOR WHICH GRANTS MAY BE USED- Grants under this part shall provide funds for personnel, training, technical assistance, data collection and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women to reduce the rate of violent crime against women and specifically, for the purposes of--

      ‘(1) training law enforcement officers and prosecutors 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 specifically target violent crimes against women, including the crimes of sexual assault and domestic violence;

      ‘(3) developing and implementing more effective police and prosecution policies, protocols, orders, or services specifically devoted to the prevention of, identification of, and response to violent 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;

      ‘(5) developing, enlarging, or strengthening victim services programs, including sexual assault and domestic violence programs, developing or improving delivery of victim services to racial, cultural, ethnic, and language minorities, and increasing reporting and reducing attrition rates for cases involving violent crimes against women, including crimes of sexual assault and domestic violence; and

      ‘(6) aiding Indian tribe grantees, exclusively, in financing the payments required under sections 112 and 113 of the Violence Against Women Act of 1993.

‘SEC. 1702. STATE GRANTS.

    ‘(a) GENERAL GRANTS- The Director of the Bureau of Justice Assistance (hereinafter in this part referred to as the ‘Director’) is authorized to make grants to States, Indian tribes, units of local government, tribal organizations, and nonprofit nongovernmental victim services programs in the States or Indian country.

    ‘(b) APPLICATION REQUIREMENTS- Applications shall include--

      ‘(1) documentation from prosecution, law enforcement, and victim services programs to be assisted that demonstrates--

        ‘(A) the need for grant funds;

        ‘(B) the intended use of grant funds; and

        ‘(C) the expected results;

      ‘(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, except that Indian tribes are exempt from such requirement; and

      ‘(3) proof of compliance with the requirements for paying filing and service fees for domestic violence cases pursuant to section 113 of the Violence Against Women Act of 1993.

    ‘(c) QUALIFICATION- Upon satisfying the terms of subsection (b), an eligible entity shall be eligible for funds provided under this part by--

      ‘(1) certifying that funds received under this part shall be used for the purposes outlined in section 1701(b); and

      ‘(2) certifying that grantees shall develop a plan, implement such plan, and otherwise consult and coordinate with nonprofit nongovernmental domestic violence and sexual assault victim services programs, law enforcement officials, victim advocates, prosecutors, and defense attorneys;

      ‘(3) providing documentation from the individuals and groups listed under paragraph (2) regarding their participation in development of a plan and involvement in the application process, as well as how such individuals and groups will be involved in implementation of the plan;

      ‘(4) providing assurances that the plan developed under paragraph (2) shall meet the needs of racial, cultural, ethnic, and language minority populations;

      ‘(5) providing assurances that prosecution, law enforcement, and nonprofit nongovernmental victim services programs in the community to be served by such plan each receive an equitable percentage of any funds allocated under this part; and

      ‘(6) providing assurances that any Federal funds received under this part shall be used to supplement, 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 part or shall inform the applicant regarding why the application does not conform to the requirements of this section.

      ‘(2) RESPONSIBILITY OF DIRECTOR- In disbursing funds under this part, the Director shall issue regulations--

        ‘(A) to distribute funds equitably on a geographic basis, including nonurban and rural areas of varying geographic size; and

        ‘(B) give priority to areas of varying geographic size with the greatest showing of need based on the availability of existing domestic violence and sexual assault programs in the population and geographic area to be served in relation to the availability of such programs in other such populations and geographic areas.

    ‘(e) GRANTEE REPORTING- (1) Not later than March 31 of each year during which funds are received under this part, the grantee shall file a performance report with the Director explaining the activities carried out together with an assessment of the effectiveness of such activities in achieving the purposes of this part.

    ‘(2) The grantee shall arrange for assessments of the grantee’s program from all organizations and government entities that were involved in the design of the grant plan.

    ‘(3) Such assessments must be sent directly to the Director by the assessing entity.

    ‘(f) SUSPENSION OF FUNDING- The Director shall suspend funding for an approved application if--

      ‘(1) an applicant fails to submit an annual performance report;

      ‘(2) funds provided under this part are expended for purposes other than those set forth under this part; or

      ‘(3) grant reports or accompanying assessments demonstrate to the Director that the program is ineffective or financially unsound.

‘SEC. 1703. GENERAL DEFINITIONS.

    ‘For purposes of this part--

      ‘(1) the term ‘domestic violence’ means crimes of violence committed against a victim by a current or former spouse of the victim, an individual with whom the victim shares a child in common, an individual who is cohabiting 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 domestic or family violence laws of the jurisdiction that receives a grant under this part;

      ‘(2) the term ‘eligible entity’ means a State, unit of local government, Indian tribe, and a nonprofit, nongovernmental victims services program;

      ‘(3) the term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601, et seq.)), which is recognized as eligible for the special services provided by the United States to Indians because of their status as Indians;

      ‘(4) the term ‘Indian country’ has the meaning given to such term by section 1151 of title 18, United States Code;

      ‘(5) the term ‘sexual assault’ 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 and includes both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known or related by blood or marriage to the victim; and

      ‘(6) the term ‘victim services program’ means a nongovernmental nonprofit program that assists domestic violence or sexual assault victims, including nongovernmental nonprofit organizations such as rape crisis centers, battered women’s shelters, and other sexual assault and domestic violence programs, including nonprofit nongovernmental organizations assisting domestic violence and sexual assault victims through the legal process.

‘SEC. 1704. GENERAL TERMS AND CONDITIONS.

    ‘(a) NONMONETARY ASSISTANCE- In addition to the assistance provided under sections 1702, the Attorney General 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, tribal, and local assistance 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) an evaluation of the effectiveness of programs established with funds under this part.’.

    (b) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), is amended by adding after paragraph (10) the following:

    ‘(11) There are authorized to be appropriated for each of the fiscal years 1994 and 1995, $200,000,000 to carry out the purposes of part Q, with not less than 8 percent of such appropriation allotted specifically for Indian tribes.’.

    (c) ADMINISTRATIVE PROVISIONS- (1) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking ‘and O’ and inserting ‘O, and Q’; and

    (2) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking ‘or O’ and inserting ‘O, or Q’.

    (d) CONFORMING AMENDMENT- The table of contents 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 definitions.

      ‘Sec. 1704. 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 this title unless the State incurs the full out of pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault.

    (b) MEDICAL COSTS- A State shall be deemed to incur the full out of pocket 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 victims; or

      (3) reimburses victims for the cost of such exams, if--

        (A) the reimbursement covers the full cost of such exams, without any deductible requirement or limit on the amount of a reimbursement;

        (B) the State permits victims to apply to the State for reimbursement for not less than 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 victims with limited or no English proficiency, regarding how to obtain reimbursement.

SEC. 113. FILING COSTS FOR CRIMINAL CHARGES.

    No State is entitled to funds under this title unless the State certifies that their laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, that the abused bear the costs associated with the filing of criminal charges against the domestic violence offender, or that the abused bear the costs associated with the issuance or service of a warrant, protection order, or witness subpoena.

SEC. 114. EQUITABLE TREATMENT OF RAPE CASES.

    No State is entitled to funds under this title unless the State can certify that its laws and policies treat sex offenses committed by offenders who are known to, cohabitants of, social companions of, or related by blood or marriage to, the victim no less severely than sex offenses committed by offenders who are strangers to the victim.

Subtitle B--Rape Prevention Programs

CHAPTER 1--RAPE PREVENTION GRANTS

SEC. 121. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS 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.), as amended by section 111, is further 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--RAPE PREVENTION PROGRAMS

‘SEC. 1801. GRANT AUTHORIZATION.

    ‘The Director of the Bureau of Justice Assistance (referred to in this part 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 develop an awareness of what acts meet the legal definition of rape;

      ‘(2) to provide programs for elementary and secondary 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 programs for professionals, including the development and dissemination of protocols for the routine identification, treatment, and appropriate referral of victims of sexual assault by hospital emergency personnel and other professionals;

      ‘(5) to develop treatment programs for convicted sex offenders and make such programs available to the local community and to Federal and State prisons;

      ‘(6) to prepare and disseminate informational materials designed to educate the community regarding sexual assault and prevention; and

      ‘(7) to develop other projects to increase awareness and prevention of sexual assault, including efforts to increase awareness of sexual assault prevention among racial, ethnic, cultural and language minorities.

‘SEC. 1802. APPLICATIONS.

    ‘(a) IN GENERAL- To be eligible to receive a grant under this part, a duly authorized representative of an eligible entity shall submit an application to the Director in such form and containing such information as the Director may reasonably require.

    ‘(b) ASSURANCES- Each application must contain an assurance that Federal funds received under this part shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this part.

    ‘(c) REQUIRED PLAN- Each application shall include a plan that contains--

      ‘(1) a description of the projects to be developed;

      ‘(2) a description of how funds would be spent;

      ‘(3) a statement of staff qualifications and demonstrated 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 and linguistically appropriate programs where necessary.

‘SEC. 1803. REPORTS.

    ‘(a) GRANTEE REPORTING- Upon completion of the grant period under this subpart, each grantee shall file a performance report with the Director explaining the activities carried out together with an assessment of the effectiveness of such activities in achieving the purposes of this subpart. The Director shall suspend funding for an approved application if an applicant fails to submit an annual performance report.

    ‘(b) BUREAU REPORTING- Not later than 180 days after the end of each fiscal year for which grants are made under this subpart, the Director shall submit to the Congress a report that includes, for each grantee--

      ‘(1) the amount of grants made under this subpart;

      ‘(2) a summary of the purposes for which grants were provided and an evaluation of progress; and

      ‘(3) an evaluation of the effectiveness of programs established with funds under this part.

‘SEC. 1804. DEFINITIONS.

    ‘For purposes of this part--

      ‘(1) the term ‘eligible entity’ means a nonprofit, nongovernmental organization that directly serves or provides advocacy on behalf of victims of rape or sexual assault; and

      ‘(2) the term ‘sexual assault prevention and education’ means education and prevention efforts directed at reducing the number of sexual assaults.’.

    (b) AUTHORIZATION OF APPROPRIATION- Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), is amended by adding after paragraph (11), as added by section 111 of this Act, the following:

    ‘(12) There are authorized to be appropriated to carry out the purposes of part R, $60,000,000 for fiscal year 1994, $75,000,000 for fiscal year 1995, and $100,000,000 for fiscal year 1996.’.

    (c) ADMINISTRATIVE PROVISIONS- (1) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 111 of this Act, is amended by striking ‘O, and Q’ and inserting ‘O, Q, and R’; and

    (2) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 111 of this Act, is amended by striking ‘O, or Q’ and inserting ‘O, Q, or R’.

    (d) CONFORMING AMENDMENT- The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 111, is amended by striking the matter relating to part R and inserting the following:

‘Part R--Rape Prevention Programs

      ‘Sec. 1801. Grant authorization.

      ‘Sec. 1802. Applications.

      ‘Sec. 1803. Reports.

      ‘Sec. 1804. Definitions.

‘Part S--Transition; Effective Date; Repealer

      ‘Sec. 1901. Continuation of rules, authorities, and proceedings.’.

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 establish criteria and develop training programs to assist probation 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 National 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 regarding sex offender treatment programs and ensure that information regarding community treatment programs in the community into which a convicted sex offender is released is made available to each person serving a sentence of imprisonment in a Federal penal or correctional institution for a commission of an offense under chapter 109A of title 18 of the United States Code or for the commission of a similar offense, including halfway houses and psychiatric institutions.

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 following new section:

‘Sec. 2246. Mandatory restitution for sex offenses

    ‘(a) IN GENERAL- Notwithstanding section 3663 of this title, 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) of this subsection; and

        ‘(B) the United States Attorney enforce the restitution order by all available and reasonable 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;

        ‘(D) attorneys’ fees, plus any costs incurred in obtaining a civil protection order;

        ‘(E) temporary housing;

        ‘(F) transportation;

        ‘(G) necessary child care;

        ‘(H) language translation services; and

        ‘(I) any other losses suffered by the victim as a proximate result of the offense.

      ‘(3) MANDATORY NATURE OF ORDER- (A) Restitution orders under this section are mandatory. A court may not decline to issue an order under this section because of--

        ‘(i) the economic circumstances of the defendant; or

        ‘(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source.

      ‘(B) Subparagraph (A) of this paragraph does not apply if--

        ‘(i) the court finds on the record that the economic circumstances of the defendant do not allow for the payment of any amount of a restitution order, and do not allow for the payment of any amount of a restitution order in the foreseeable future (under any reasonable schedule of payments); and

        ‘(ii) the court enters in its order the amount of the victim’s losses, and provides a nominal restitution award.

      ‘(4) CONSIDERATION OF ECONOMIC CIRCUMSTANCES-

        ‘(A) IN GENERAL- Notwithstanding paragraph (3) of this subsection, the court may take into account the economic circumstances of the defendant in determining the manner in which and the schedule according to which the restitution is to be paid, including--

          ‘(i) the financial resources and other assets of the defendant;

          ‘(ii) projected earnings, earning capacity, and other income of the defendant; and

          ‘(iii) any financial obligations of the defendant, including obligations to dependents.

        ‘(B) LUMP-SUM OR PARTIAL PAYMENT- An order under this section may direct the defendant 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.

      ‘(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 extent provided by the law of the State.

    ‘(c) PROOF OF CLAIM-

      ‘(1) IN GENERAL- Within 60 days after conviction and, in any event, no later than 10 days prior to sentencing, the United States Attorney (or delegate), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject to restitution under this section. The affidavit shall be signed by the United States Attorney (or delegate) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or delegate) shall advise the victim that the victim may file a separate affidavit.

      ‘(2) OBJECTIONS- If, after notifying the defendant of the affidavit, no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to paragraph (1) of this subsection 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 delegate) to submit further affidavits or other supporting documents, demonstrating the victim’s losses.

      ‘(3) ADDITIONAL DOCUMENTATION AND TESTIMONY- If the court concludes, after reviewing the supporting documentation and considering the defendant’s objections, that there is a substantial reason for doubting the authenticity or veracity of the records submitted, the court may require additional documentation or hear testimony on those questions. The privacy of any records filed, or testimony heard, pursuant to this section, shall be maintained to the greatest extent possible.

      ‘(4) FINAL DETERMINATION OF LOSSES- In the event that the victim’s losses are not ascertainable 10 days prior to sentencing as provided in subsection (c)(1) of this section, the United States Attorney (or delegate) 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 sentencing. 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 granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitutionary relief.’.

    (b) TABLE OF SECTIONS- The table of sections at the beginning of chapter 109A of title 18, United States Code, is amended by adding at the end the following:

      ‘2246. Mandatory restitution for sex offenses.’.

Subtitle D--Safe Campuses for Women

SEC. 141. CAMPUS SEXUAL ASSAULT STUDY.

    (a) STUDY- The Attorney General shall provide for a national baseline study to examine the scope of the problem of campus sexual assaults and the effectiveness of institutional and legal policies in addressing such crimes and protecting victims. The Attorney General may utilize the Bureau of Justice Statistics, the National Institute of Justice, and the Office for Victims of Crime in carrying out this section.

    (b) REPORT- Based on the study required by subsection (a), the Attorney General shall prepare a report including an analysis of--

      (1) the number of reported allegations and estimated number of unreported allegations of campus sexual assaults, and to whom the allegations are reported (including authorities of the educational institution, sexual assault victim service entities, and local criminal authorities);

      (2) the number of campus sexual assault allegations reported to authorities of educational institutions which are reported to criminal authorities;

      (3) the number of campus sexual assault allegations that result in criminal prosecution in comparison with the number of noncampus sexual assault allegations that result in criminal prosecution;

      (4) Federal and State laws or regulations pertaining specifically to campus sexual assaults;

      (5) the adequacy of policies and practices of educational institutions in addressing campus sexual assaults and protecting victims, including consideration of--

        (A) the security measures in effect at educational institutions, such as utilization of campus police and security guards, control over access to grounds and buildings, supervision of student activities and student living arrangements, control over the consumption of alcohol by students, lighting, and the availability of escort services;

        (B) the articulation and communication to students of the institution’s policies concerning sexual assaults;

        (C) policies and practices that may prevent or 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 sexual 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 alleged assailants, and disciplinary sanctions that are imposed when a sexual assault is determined to have occurred; and

        (G) the grounds on which educational institutions are subject to lawsuits based on campus sexual assaults, the resolution of these cases, and measures that can be taken to avoid the likelihood of lawsuits;

      (6) an assessment of the policies and practices of educational institutions that are most effective in addressing campus sexual assaults and protecting victims, including policies and practices relating to the particular issues described in paragraph (5); and

      (7) any recommendations the Attorney General may have for reforms to address campus sexual assaults and protect victims more effectively, and any other matters that the Attorney General deems relevant to the subject of the study and report required by this section.

    (c) SUBMISSION OF REPORT- The report required by subsection (b) shall be submitted to the Committees on Education and Labor and the Judiciary of the House of Representatives and the Committees on Labor and Human Resources and the Judiciary of the Senate not later than September 1, 1995.

    (d) DEFINITION- For purposes of this subtitle, ‘campus sexual assaults’ means sexual assaults committed against or by students or employees of institutions of postsecondary education and occurring at such institutions or during activities connected with 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 I of title 18, United States Code, is amended by inserting after chapter 110 the following new chapter:

‘CHAPTER 110A--DOMESTIC VIOLENCE

      ‘Sec. 2261. Interstate domestic violence.

      ‘Sec. 2262. Violation of protection order.

      ‘Sec. 2263. Pretrial release of defendant.

      ‘Sec. 2264. Restitution.

      ‘Sec. 2265. Full faith and credit given to protection orders.

      ‘Sec. 2266. Definitions for chapter.

‘Sec. 2261. Interstate domestic violence

    ‘(a) Whoever travels across a State line or enters or leaves Indian country with the intent 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 provided 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 offender 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) as provided for the applicable conduct under chapter 109A, if the offense constitutes sexual abuse, as described under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and

      ‘(5) for not more than 5 years, in any other case;

    or both such fine and imprisonment.

‘Sec. 2262. Violation of protection order

    ‘(a) Whoever travels across a State line or enters or leaves Indian country with the intent to engage in conduct that--

      ‘(1)(A) violates a protection order, any portion of which involves protection against credible threats of violence, repeated harassment, or bodily injury, to the person or persons for whom the protection order was issued, and--

      ‘(B) violates that portion of such protection order; or

      ‘(2) would violate paragraph (1) of this subsection if the conduct occurred in the jurisdiction in which such order was issued;

    and does engage in such conduct shall be punished as provided 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 offender 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) as provided for the applicable conduct under chapter 109A, if the offense constitutes sexual abuse, as described under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and

      ‘(5) for not more than 5 years, in any other case;

    or both such fine and imprisonment.

‘Sec. 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 chapter shall be released pending trial, or for the purpose of determining conditions of such release, the alleged victim shall be given an opportunity to be heard regarding the danger posed by the defendant.

‘Sec. 2264. Restitution

    ‘(a) IN GENERAL- In addition to any fine or term of imprisonment provided under this chapter, and notwithstanding 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) of this subsection; and

        ‘(B) the United States Attorney enforce the restitution order by all available and reasonable 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 incurred in obtaining a civil protection order;

        ‘(E) temporary housing;

        ‘(F) transportation;

        ‘(G) necessary child care;

        ‘(H) language translation services; and

        ‘(I) any other losses suffered by the victim as a proximate result of the offense.

      ‘(3) MANDATORY NATURE OF ORDER- (A) Restitution orders under this section are mandatory. A court may not decline to issue an order under this section because of--

        ‘(i) the economic circumstances of the defendant; or

        ‘(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source.

      ‘(B) Subparagraph (A) of this paragraph does not apply if--

        ‘(i) the court finds on the record that the economic circumstances of the defendant do not allow for the payment of any amount of a restitution order, and do not allow for the payment of any amount of a restitution order in the foreseeable future (under any reasonable schedule of payments); and

        ‘(ii) the court enters in its order the amount of the victim’s losses, and provides a nominal restitution award.

      ‘(4) Consideration of economic circumstances-

        ‘(A) IN GENERAL- Notwithstanding paragraph (3) of this subsection, the court may take into account the economic circumstances of the defendant in determining the manner in which and the schedule according to which the restitution is to be paid, including--

          ‘(i) the financial resources and other assets of the defendant;

          ‘(ii) projected earnings, earning capacity, and other income of the defendant; and

          ‘(iii) any financial obligations of the offender, including obligations to dependents.

        ‘(B) LUMP-SUM OR PARTIAL PAYMENT- An order under this section may direct the defendant 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.

      ‘(5) SETOFF- Any amount paid to a victim under this section shall be setoff 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 extent provided by the law of the State.

    ‘(c) PROOF OF CLAIM-

      ‘(1) IN GENERAL- Within 60 days after conviction and, in any event, no later than 10 days before sentencing, the United States Attorney (or such Attorney’s delegate), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject to restitution under this section. The affidavit shall be signed by the United States Attorney (or the delegate) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the delegate) shall advise the victim that the victim may file a separate affidavit and assist the victim in the preparation of that affidavit.

      ‘(2) OBJECTIONS- If, after notifying the defendant of the affidavit, no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to paragraph (1) of this subsection 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 delegate) to submit further affidavits or other supporting documents, demonstrating the victim’s losses.

      ‘(3) ADDITIONAL DOCUMENTATION OR TESTIMONY- If the court concludes, after reviewing the supporting documentation and considering the defendant’s objections, that there is a substantial reason for doubting the authenticity or veracity of the records submitted, the court may require additional documentation or hear testimony on those questions. The privacy of any records filed, or testimony heard, pursuant to this section, shall be maintained to the greatest extent possible.

      ‘(4) FINAL DETERMINATION OF LOSSES- In the event that the victim’s losses are not ascertainable 10 days before sentencing as provided in paragraph (1) of this subsection, the United States Attorney (or such Attorney’s delegate) 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 further losses, the victim shall have 90 days after discovery 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 is not a substitute for imposition of punishment under this chapter.

‘Sec. 2265. Full faith and credit given to protection orders

    ‘(a) FULL FAITH AND CREDIT- Any protection order issued that is consistent with subsection (b) of this section by the court of one State or Indian tribe (the issuing State or Indian tribe) shall be accorded full faith and credit by the court of another State or Indian tribe (the enforcing State or Indian tribe) and enforced as if it were the order of the enforcing State or tribe.

    ‘(b) PROTECTION ORDER- A protection order issued by a State or tribal court is consistent with this subsection if--

      ‘(1) such court has jurisdiction over the parties and matter under the law of such State or Indian tribe; 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 or tribal 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 or tribal court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate 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 protection 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.

‘Sec. 2266. Definitions for chapter

    ‘As used in this chapter--

      ‘(1) the term ‘spouse or intimate partner’ includes--

        ‘(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 similarly situated to a spouse; and

        ‘(B) any other person, other than a minor child, who is protected by the domestic or family violence laws of the State in which the injury occurred or where the victim resides;

      ‘(2) the term ‘protection order’ includes any injunction 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 another proceeding so long as any civil order was issued 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, a commonwealth, territory, or possession of the United States;

      ‘(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 individual remains at all times in the territory of the Indian tribe of which the individual is a member;

      ‘(5) the term ‘bodily harm’ means any act, except one done in self-defense, that results in physical injury or sexual abuse; and

      ‘(6) the term ‘Indian country’ has the meaning given to such term by section 1151 of this title.’.

    (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 new item:

2261.’.

Subtitle B--Arrest in Domestic Violence Cases

SEC. 221. ENCOURAGING ARREST POLICIES.

    (a) IN GENERAL- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 121, is further amended by--

      (1) redesignating part S as part T;

      (2) redesignating section 1901 as section 2001; and

      (3) adding after part R the following new part:

‘PART S--GRANTS TO ENCOURAGE ARREST POLICIES

‘SEC. 1901. ARREST POLICIES.

    ‘(a) GENERAL PROGRAM PURPOSE- The purpose of this part is to encourage States, Indian tribes, and units of local government to treat domestic violence as a serious violation of criminal law. The Director of the Bureau of Justice Assistance may make grants to eligible States, Indian tribes, or units of local government for the following:

      ‘(1) To implement mandatory arrest or proarrest 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 enforcement, prosecution, or judicial responsibility for domestic violence cases in groups or units of police officers, prosecutors, or judges.

      ‘(4) To strengthen legal advocacy service programs for victims of domestic violence.

      ‘(5) To educate judges in criminal and other courts about domestic violence and to improve judicial handling of such cases.

    ‘(b) ELIGIBILITY- Eligible grantees are States, Indian tribes, or units of local government that--

      ‘(1) certify that their laws or official policies--

        ‘(A)(i) encourage or mandate arrest of domestic violence offenders based on probable cause that violence has been committed; or

        ‘(ii) certify that all their law enforcement personnel have received domestic violence training conducted by a State Domestic Violence Coalition as defined in section 10410(b) of title 42, United States Code; and

        ‘(B) mandate arrest of domestic violence offenders who violate the terms of a valid and outstanding protection order;

      ‘(2) demonstrate that their laws, policies, or practices, and training programs discourage dual arrests of offender and victim;

      ‘(3) certify that their laws, policies, and practices 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 aggressors and that neither spouse acted primarily in self-defense;

      ‘(4) certify that their laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, that the abused bear the costs associated with the filing of criminal charges or the service of such charges on an abuser, or that the abused bear the costs associated with the issuance or service of a warrant, protection order, or witness subpoena; and

      ‘(5) certify that their laws and policies treat sex offenses committed by offenders who are known to, cohabitants of, or social companions of or related by blood or marriage to, the victim no less severely than sex offenses committed by offenders who are strangers to the victim.

‘SEC. 1902. APPLICATIONS.

    ‘(a) APPLICATION- An eligible grantee shall submit an application to the Director that shall--

      ‘(1) describe plans to implement policies described 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, private sexual assault and domestic violence programs demonstrating their participation in developing the application, and identifying such programs in which such groups will be consulted for development and implementation.

    ‘(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 domestic violence by policy, prosecutors, and courts; and

      ‘(2) demonstrates a commitment to strong enforcement of laws, and prosecution of cases, involving domestic violence.

‘SEC. 1903. REPORTS.

    ‘Each grantee receiving funds under this part shall submit a report to the Director evaluating the effectiveness of projects developed with funds provided under this part and containing such additional information as the Director may prescribe.

‘SEC. 1904. DEFINITIONS.

    ‘For purposes of this part--

      ‘(1) the term ‘domestic violence’ means a crime of violence against a victim committed by a current or former spouse of the victim, an individual with whom the victim shares a child in common, an individual who cohabits 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 government entity.

      ‘(2) the term ‘protection order’ includes any injunction issued for the purpose of preventing violent or threatening acts of domestic violence including temporary and final orders issued by civil and criminal courts (other than support or child custody provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.’.

    (b) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), is amended by adding after paragraph (12), as added by section 121 of this Act, the following:

    ‘(13) 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 part S.’.

    (c) ADMINISTRATIVE PROVISIONS- (1) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 121 of this Act, is amended by striking ‘O, Q, and R’ and inserting ‘O, Q, R, and S’; and

    (2) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 121 of this Act, is amended by striking ‘O, Q, or R’ and inserting ‘O, Q, R, or S’.

    (d) EFFECTIVE DATE- The eligibility requirements provided in this section shall take effect 1 year after the date of enactment of this subtitle.

    (e) CONFORMING AMENDMENT- The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 121, is further amended by striking the matter relating to part S and inserting the following:

‘Part S--Grants to Encourage Arrest Policies

      ‘Sec. 1901. Arrest policies.

      ‘Sec. 1902. Applications.

      ‘Sec. 1903. Reports.

      ‘Sec. 1904. Definitions.

‘Part T--Transition; Effective Date; Repealer

      ‘Sec. 2001. Continuation of rules, authorities, and proceedings.’.

Subtitle C--Domestic Violence

SEC. 231. SHORT TITLE.

    This subtitle may be cited as the ‘Domestic Violence Firearm Prevention Act’.

SEC. 232. FINDINGS.

    The Congress finds that--

      (1) domestic violence is the leading cause of injury to women in the United States between the ages of 15 and 44;

      (2) firearms are used by the abuser in 7 percent of domestic violence incidents and produces an adverse effect on interstate commerce; and

      (3) individuals with a history of domestic abuse should not have easy access to firearms.

SEC. 233. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC ABUSE.

    (a) INTIMATE PARTNER DEFINED- Section 921(a) of title 18, United States Code, is amended by inserting at the end the following:

    ‘(29) The term ‘intimate partner’ means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.’.

    (b) PROHIBITION AGAINST DISPOSAL OF FIREARMS- Section 922(d) of such title is amended--

      (1) by striking ‘or’ at the end of paragraph (6);

      (2) by striking the period at the end of paragraph (7) and inserting ‘; or’; and

      (3) by inserting after paragraph (7) the following:

      ‘(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury, except that this paragraph shall only apply to a court order that (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate, and (B) includes a finding that such person represents a credible threat to the physical safety of such intimate partner.’.

    (c) PROHIBITION AGAINST RECEIPT OF FIREARMS- Section 922(g) of such title is amended--

      (1) by striking ‘or’ at the end of paragraph (6);

      (2) by inserting ‘or’ at the end of paragraph (7); and

      (3) by inserting after paragraph (7) the following:

      ‘(8) who is subject to a court order that--

        ‘(A) was issued after a hearing of which such person received actual or constructive notice, and at which such person had an opportunity to participate;

        ‘(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury; and

        ‘(C) includes a finding that such person represents a credible threat to the physical safety of such intimate partner,’.

    (d) STORAGE OF FIREARMS- Section 926(a) of such title is amended--

      (1) by striking ‘and’ at the end of paragraph (1);

      (2) by striking the period at the end of paragraph (2) and inserting ‘; and’; and

      (3) by inserting after paragraph (2) the following:

      ‘(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 922.’.

    (e) RETURN OF FIREARMS- Section 924(d)(1) of such title is amended by striking ‘the seized’ and inserting ‘or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished’.

Subtitle D--Protection for Immigrant Women

SEC. 241. ALIEN SPOUSE PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND PREFERENCE STATUS.

    (a) IN GENERAL- Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--

      (1) in subparagraph (A)--

        (A) by inserting ‘(i)’ after ‘(A)’,

        (B) by redesignating the second sentence as clause (ii), and

        (C) by adding at the end the following new clause:

    ‘(iii) An alien who is the spouse of a citizen of the United States, who is eligible to be classified as an immediate relative under section 201(b)(2)(A)(i), and who has resided in the United States with the alien’s spouse may file a petition with the Attorney General under this subparagraph for classification of the alien (and children of the alien) under such section if the alien demonstrates to the Attorney General that--

      ‘(I) the alien is residing in the United States, the marriage between the alien and the spouse was entered into in good faith by the alien, and during the marriage the alien or a child of the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s spouse, or

      ‘(II) the alien is residing in the United States with the alien’s spouse, the alien has been married to and residing with the spouse for a period of not less than 3 years, and the alien’s spouse has failed to file a petition under clause (i) on behalf of the alien.’; and

      (2) in subparagraph (B)--

        (A) by inserting ‘(i)’ after ‘(B)’, and

        (B) by adding at the end the following new clause:

    ‘(ii) An alien who is the spouse of an alien lawfully admitted for permanent residence, who is eligible for classification under section 203(a)(2)(A), and who has resided in the United States with the alien’s legal permanent resident spouse may file a petition with the Attorney General under this subparagraph for classification of the alien (and children of the alien) under such section if the alien demonstrates to the Attorney General that the conditions described in subclause (I) or (II) of subparagraph (A)(iii) are met with respect to the alien.’.

    (b) CONFORMING AMENDMENTS- (1) Section 204(a)(2) of such Act (8 U.S.C. 1154(a)(2)) is amended--

      (A) in subparagraph (A), by striking ‘filed by an alien who,’ and inserting ‘for the classification of the spouse of an alien if the alien,’, and

      (B) in subparagraph (B), by striking ‘by an alien whose prior marriage’ and inserting ‘for the classification of the spouse of an alien if the prior marriage of the alien’.

    (2) Section 201(b)(2)(A)(i) of such Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by striking ‘204(a)(1)(A)’ and inserting ‘204(a)(1)(A)(ii)’.

    (c) SURVIVAL RIGHTS TO PETITION- Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection:

    ‘(h) The legal termination of a marriage may not be the basis for revocation under section 205 of a petition filed under subsection (a)(1)(A)(iii)(I) or a petition filed under subsection (a)(1)(B)(ii) pursuant to conditions described in subsection (a)(1)(A)(iii)(I).’.

    (d) EFFECTIVE DATE- The amendments made by this section shall take effect January 1, 1994.

SEC. 242. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER APPLICATIONS.

    (a) IN GENERAL- Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by inserting after the second sentence the following: ‘In acting on applications under this paragraph, the Attorney General shall consider any credible evidence submitted in support of the application (whether or not the evidence is supported by an evaluation of a licensed mental health professional). The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to applications made before, on, or after such date.

SEC. 243. SUSPENSION OF DEPORTATION.

    Section 244(a) of the Immigration and Nationality Act (8 U.S.C. 1254(a)) is amended--

      (1) at the end of paragraph (1) by striking ‘or’;

      (2) at the end of paragraph (2) by striking the period and inserting ‘; or’; and

      (3) by inserting after paragraph (2) the following:

      ‘(3) is deportable under any law of the United States except section 241(a)(1)(G) and the provisions specified in paragraph (2); is physically present in the United States; has been battered or subjected to extreme cruelty in the United States by a spouse or parent who is a United States citizen or lawful permanent resident; and proves that during all of such time in the United States the alien was and is a person of good moral character; and is a person whose deportation would, in the opinion of the Attorney General, result in extreme hardship to the alien or the alien’s parent or child.’.

TITLE III--MISCELLANEOUS PROVISIONS

Subtitle A--Reports

SEC. 301. 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 estranged or former spouses, notwithstanding the desire of the victims to have such information withheld to avoid further exposure to abuse. Based on the study, the Attorney General shall transmit a report to Congress including--

      (1) the findings of the study concerning the means by which information concerning the addresses or locations of abused spouses may be obtained by abusers; and

      (2) analysis of the feasibility of creating effective means of protecting the confidentiality of information concerning the addresses and locations of abused spouses to protect such persons from exposure to further abuse while preserving access to such information for legitimate purposes.

    (b) USE OF COMPONENTS- The Attorney General may use the National Institute of Justice and the Office for Victims of Crime in carrying out this section.

SEC. 302. REPORT ON RECORDKEEPING RELATING TO DOMESTIC VIOLENCE.

    Not later than 1 year after the date of enactment of this Act, the Attorney General shall complete a study of, and shall submit to Congress a report and recommendations on, problems of recordkeeping of criminal complaints involving domestic violence. The study and report shall examine--

      (1) the efforts that have been made by the Department of Justice, including the Federal Bureau of Investigation, to collect statistics on domestic violence; and

      (2) the feasibility of requiring that the relationship between an offender and victim be reported in Federal records of crimes of aggravated assault, rape, and other violent crimes.

Subtitle B--Justice Department Task Force on Violence Against Women

SEC. 311. 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 Attorney General’s Task Force on Violence Against Women (referred to in this subtitle as the ‘Task Force’).

SEC. 312. GENERAL PURPOSES OF TASK FORCE.

    (a) GENERAL PURPOSE OF THE TASK FORCE- The Task Force shall review Federal, State, and local strategies for preventing and punishing violent crimes against women, including the enhancement and protection of the rights of the victims of such crimes, and make recommendations to improve the response to such crimes.

    (b) FUNCTIONS- The Task Force shall perform such functions as the Attorney General deems appropriate to carry out the purposes of the Task Force, including--

      (1) evaluating the adequacy of, and making recommendations regarding, current law enforcement efforts at the Federal and State levels to reduce the rate of violent crimes against women;

      (2) evaluating the adequacy of, and making recommendations regarding, the responsiveness of State prosecutors and State courts to violent crimes against women;

      (3) evaluating the adequacy of State and Federal rules of evidence, practice, and procedure to ensure the effective prosecution and conviction of violent offenders against women and to protect victims from abuse in legal proceedings, making recommendations, where necessary, to improve those rules;

      (4) evaluating the adequacy of pretrial release, sentencing, incarceration, and post-conviction release for crimes that predominantly affect women, such as rape and domestic violence;

      (5) evaluating the adequacy of, and making recommendations regarding, the adequacy of State and Federal laws on sexual assault and the need for a more uniform statutory response to sex offenses, including sexual assaults and other sex offenses committed by offenders who are known or related by blood or marriage to the victim;

      (6) evaluating the adequacy of, and making recommendations regarding, the adequacy of State and Federal laws on domestic violence and the need for a more uniform statutory response to domestic violence;

      (7) evaluating the adequacy of, and making recommendations regarding, the adequacy of current education, prevention, and protection services for women victims of violent crimes;

      (8) assessing the issuance, formulation, and enforcement of protective orders, whether or not related to a criminal proceeding, and making recommendations for their more effective use in domestic violence and stalking cases;

      (9) assessing the problem of stalking and persistent menacing and recommending an effective Federal response to the problem;

      (10) evaluating the adequacy of, and making recommendations regarding, the national public awareness and the public dissemination of information essential to the prevention of violent crimes against women;

      (11) evaluating the treatment of women as victims of violent crime in the State and Federal criminal justice system, and making recommendations to improve such treatment; and

      (12) assessing the problem of sexual exploitation of women and youths through prostitution and in the production of pornography, and recommending effective means of response to the problem.

SEC. 313. MEMBERSHIP.

    (a) CHAIR; NUMBER AND APPOINTMENT- The Task Force shall be chaired by the Attorney General (or designee). Not later than 60 days after the date of the enactment of this Act, after consultation with the Secretary of Health and Human Services, the Secretary of Education, and the Secretary of Housing and Urban Development, the Attorney General shall select up to 14 other members to serve on the Task Force.

    (b) PARTICIPATION- The Attorney General (or designee) shall select, without regard to political affiliation, members who are specially qualified to serve on the Task Force based on their involvement in efforts to combat violence against women, assistance or service to victims of such violence, or other pertinent experience or expertise. The Attorney General shall ensure that the Task Force includes a broad base of participation by including members with backgrounds in such areas as law enforcement, victim services and advocacy, legal defense and prosecution, judicial administration, medical services, and counseling.

    (c) VACANCIES- The Attorney General may fill any vacancy that occurs on the Task Force.

SEC. 314. TASK FORCE OPERATIONS.

    (a) MEETINGS- The Task Force shall hold its first meeting on a date specified by the Attorney General (or designee), but shall not be later than 60 days after the date of the enactment of this Act. After the initial meeting, the Task Force shall meet at the call of the Attorney General (or designee), but shall meet at least 6 times.

    (b) PAY- Members of the Task Force who are officers or employees or elected officials of a government entity shall receive no additional compensation by reason of their service on the Task Force.

    (c) PER DIEM- Except as provided in subsection (b), members of the Task Force shall be allowed travel and other expenses including per diem in lieu of subsistence, at rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code.

SEC. 315. REPORTS.

    (a) IN GENERAL- Not later than 1 year after the date on which the Task Force is fully constituted under section 313, the Task Force shall prepare and submit a final report to the President and to congressional committees that have jurisdiction over legislation addressing violent crimes against women, including the crimes of domestic and sexual assault.

    (b) CONTENTS- The final report submitted under paragraph (1) shall contain a detailed statement of the activities of the Task Force and of the findings and conclusions of the Task Force, including such recommendations for legislation and administrative action as the Task Force considers appropriate.

SEC. 316. 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 (or designee), with the approval of the Task Force.

      (2) COMPENSATION- The Executive Director shall be compensated at a rate not to exceed the maximum rate of the basic pay payable for a position above GS-15 of the General Schedule contained in title 5, United States Code.

    (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 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 chapter 51 and subchapter III of chapter 53 of such 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 or intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed $200 per day.

SEC. 317. POWERS OF TASK FORCE.

    (a) HEARINGS- For the purposes of carrying out this subtitle, 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 appropriate. The Task Force may administer oaths for testimony before the Task Force.

    (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 subtitle.

    (c) ACCESS TO INFORMATION- The Task Force may request directly from any executive department or agency such information as may be necessary to enable the Task Force to carry out this subtitle, on the request of the Attorney General (or designee).

    (d) MAILS- 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. 318. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this subtitle $500,000 for fiscal year 1994.

SEC. 319. TERMINATION.

    The Task Force shall cease to exist 30 days after the date on which its final report is submitted under section 315.

Subtitle C--STD Testing

SEC. 321. PAYMENT OF COST OF STD TESTING FOR VICTIMS IN SEX OFFENSE CASES.

    Section 503(c)(7) of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by adding at the end the following: ‘The Attorney General shall authorize the Director of the Office of Victims of Crime to provide for the payment of the cost of up to two tests of the victim for sexually transmitted diseases, including, but not limited to gonorrhea, herpes, chlamydia, syphilis, and HIV, during the 12 months following sexual assaults that pose a risk of transmission, and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of transmission of sexually transmitted diseases to the victim as the result of the assault.’.

Subtitle D--Grant Programs

SEC. 331. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

    (a) FINDINGS- Congress finds that--

      (1) 4,000,000 women are battered by their partners each year, of which 4,000 die as a result of such abuse;

      (2) victims of domestic violence need access to resources which will refer such victims and their children to safe homes and shelters; and

      (3) there is a need for a national domestic violence hotline to provide information and assistance to victims of domestic violence because a privately funded national domestic violence hotline which handled more than 65,000 crisis calls annually no longer exists.

    (b) IN GENERAL- The Attorney General, through the Bureau of Justice Assistance, shall provide a grant to a nonprofit private organization to establish and operate a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence. A grant provided under this subsection may extend over a period of not more than 3 fiscal years and the provision of payments under such grant shall be subject to annual approval by the Attorney General and subject to the availability of appropriations for the fiscal year involved to make the payments.

    (c) APPLICATION-

      (1) IN GENERAL- The Attorney General may not provide a grant under subsection (b) unless an application that meets the requirements of paragraph (2) has been approved by the Attorney General.

      (2) REQUIREMENTS- An application meets the requirements of this paragraph if the application--

        (A) contains such agreements, assurances, and information, and is in such form and submitted in such manner as the Attorney General shall prescribe through notice in the Federal Register;

        (B) demonstrates that the applicant has nationally recognized expertise in the area of domestic violence and a record of high quality service to victims of domestic violence, including support from advocacy groups, particularly State coalitions and recognized national domestic violence groups;

        (C) demonstrates that the applicant has a commitment to diversity, including the hiring of and provision of services to ethnic, racial, cultural, and non-English speaking minorities, in addition to older individuals and individuals with disabilities;

        (D) demonstrates that the applicant has the ability to integrate the hotline into existing services provided by the applicant to victims of domestic violence;

        (E) includes a complete description of the applicant’s plan for the establishment and operation of the hotline, including a description of--

          (i) the hiring criteria and training program for hotline personnel;

          (ii) the methods for the creation, maintenance, and updating of a resource database for the hotline;

          (iii) a plan for providing service on a 24-hour-a-day basis to non-English speaking callers, including hotline personnel who speak Spanish;

          (iv) a plan for access to the hotline by individuals with hearing impairments; and

          (v) a plan for publicizing the availability of the hotline; and

        (F) contains such other information as the Attorney General may require.

    (d) SELECTION- The Attorney General shall select a nonprofit private organization to receive a grant under subsection (b) which has been in existence for at least 5 years from the date of submission of the application by the organization.

    (e) USES- A grant made under subsection (b) shall be used to establish and operate a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence. In establishing and operating the hotline, a nonprofit private organization shall--

      (1) contract with a carrier for the use of a toll-free telephone line;

      (2) employ, train, and supervise personnel to answer incoming calls and provide counseling and referral services to callers on a 24-hour-a-day basis;

      (3) establish, maintain, and update a database of information relating to services for victims of domestic violence, including information on the availability of shelters that serve battered women; and

      (4) publicize the hotline to potential users throughout the United States.

    (f) AUTHORIZATION OF APPROPRIATIONS-

      (1) IN GENERAL- There is authorized to be appropriated to carry out this section $1,000,000 for each of the fiscal years 1994 through 1996.

      (2) AVAILABILITY- Funds authorized to be appropriated under paragraph (1) shall remain available until expended.

SEC. 332. GRANTS FOR COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE.

    (a) IN GENERAL- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 221 of this Act, is amended by--

      (1) redesignating part T as part U;

      (2) redesignating section 2001 as section 2101;

      and

      (3) adding after part S the following new part:

‘PART T--GRANTS FOR COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE.

‘SEC. 2001. GRANT AUTHORITY.

    ‘The Director shall provide grants to establish projects in local communities involving many sectors of each community to coordinate intervention and prevention of domestic violence.

‘SEC. 2002. APPLICATIONS.

    ‘(a) IN GENERAL- An organization that desires to receive a grant under this section shall submit to the Director an application, in such form and in such manner as the Director may reasonably require that--

      ‘(1) demonstrates that the applicant will serve a community leadership function, bringing together opinion leaders from each sector of the community to develop a coordinated community consensus opposing domestic violence;

      ‘(2) demonstrates a community action component to improve and expand current intervention and prevention strategies through increased communication and coordination among all affected sectors;

      ‘(3) includes a complete description of the applicant’s plan for the establishment and operation of the community project, including a description of--

        ‘(A) the method for identification and selection of an administrative committee made up of persons knowledgeable in domestic violence to oversee the project, hire staff, assure compliance with the project outline, and secure annual evaluation of the project;

        ‘(B) the method for identification and selection of project staff and a project evaluator;

        ‘(C) the method for identification and selection of a project council consisting of representatives of the community sectors listed in subsection (b)(2);

        ‘(D) the method for identification and selection of a steering committee consisting of representatives of the various community sectors who will chair subcommittees of the project council focusing on each of the sectors; and

        ‘(E) a plan for developing outreach and public education campaigns regarding domestic violence; and

      ‘(4) contains such other information, agreements, and assurances as the Director may require.

    ‘(b) ELIGIBILITY- To be eligible for a grant under this section, such application shall include--

      ‘(1) an assurance that the applicant is a nonprofit private organization organized for the purpose of coordinating community projects for the intervention in and prevention of domestic violence; and

      ‘(2) an assurance that such nonprofit organization includes representation from pertinent sectors of the local community, including--

        ‘(A) health care providers;

        ‘(B) the education community;

        ‘(C) the religious community;

        ‘(D) the justice system;

        ‘(E) domestic violence program advocates;

        ‘(F) human service entities such as State child services divisions; and

        ‘(G) business and civic leaders.

‘SEC. 2003. AWARD OF GRANTS.

    ‘(a) TERM- A grant provided under this section may extend over a period of not more than 3 fiscal years.

    ‘(b) CONDITIONS ON PAYMENT- Payments under a grant under this section shall be subject to--

      ‘(1) annual approval by the Director; and

      ‘(2) availability of appropriations.

    ‘(c) GEOGRAPHICAL DISPERSION- The Director shall award grants under this section to organizations in communities geographically dispersed throughout the country.

‘SEC. 2004. USES OF FUNDS.

    ‘(a) IN GENERAL- A grant made under subsection (a) shall be used to establish and operate a community project to coordinate intervention and prevention of domestic violence.

    ‘(b) REQUIREMENTS- In establishing and operating a project, a nonprofit private organization shall--

      ‘(1) establish protocols to improve and expand domestic violence intervention and prevention strategies among all affected sectors;

      ‘(2) develop action plans to direct responses within each community sector that are in conjunction with development in all other sectors; and

      ‘(3) provide for periodic evaluation of the project with a written report and analysis to assist application of this concept in other communities.’.

    (b) AUTHORIZATION OF APPROPRIATIONS- Section 1001 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding after paragraph (13), as added by section 221 of this Act, the following:

    ‘(14) There are authorized to be appropriated to carry out part T $20,000,000 for fiscal year 1994 and such sums as are necessary for each of the fiscal years 1995, 1996, and 1997, to remain available until expended.’.

    (c) ADMINISTRATIVE PROVISIONS- (1) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 221 of this Act, is amended by striking ‘O, Q, R, and S’ and inserting ‘O, Q, R, S, and T’; and

    (2) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 221 of this Act, is amended by striking ‘O, Q, R, or S’ and inserting ‘O, Q, R, S, or T’.

    (d) CONFORMING AMENDMENT- The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 221 of this Act, is amended by striking the matter relating to part T and inserting the following:

‘Part T--Grants for Community Programs on Domestic Violence

      ‘Sec. 2001. Grant authority.

      ‘Sec. 2002. Applications.

      ‘Sec. 2003. Award of grants.

      ‘Sec. 2004. Uses of funds.

‘Part U--Transition; Effective Date; Repealer

      ‘Sec. 2101. Continuation of rules, authorities, and proceedings.’.

TITLE IV--EQUAL JUSTICE FOR WOMEN IN THE COURTS

Subtitle A--Education and Training for Judge and Court Personnel in State Courts

SEC. 401. GRANTS AUTHORIZED.

    The State Justice Institute is authorized to award grants for the purpose of developing, testing, presenting, and disseminating model programs to be used by States in training judges and court personnel in the laws of the States on rape, sexual assault, domestic violence, and other crimes of violence motivated by gender.

SEC. 402. TRAINING PROVIDED BY GRANTS.

    Training provided pursuant to grants made under this subtitle may include current information, existing studies, or current data on--

      (1) the nature and incidence of rape and sexual assault by strangers and nonstrangers, marital rape, and incest;

      (2) the underreporting of rape, sexual assault, and child sexual abuse;

      (3) the physical, psychological, and economic impact of rape and sexual assault on the victim, the costs to society, and the implications for sentencing;

      (4) the psychology of sex offenders, their high rate of recidivism, and the implications for sentencing;

      (5) the historical evolution of laws and attitudes on rape and sexual assault;

      (6) sex stereotyping of female and male victims of rape and sexual assault, racial stereotyping of rape victims and defendants, and the impact of such stereotypes on credibility of witnesses, sentencing, and other aspects of the administration of justice;

      (7) application of rape shield laws and other limits on introduction of evidence that may subject victims to improper sex stereotyping and harassment in both rape and nonrape cases, including the need for sua sponte judicial intervention in inappropriate cross-examination;

      (8) the use of expert witness testimony on rape trauma syndrome, child sexual abuse accommodation syndrome, post-traumatic stress syndrome, and similar issues;

      (9) the legitimate reasons why victims or rape, sexual assault, domestic violence, and incest may refuse to testify against a defendant;

      (10) the nature and incidence of domestic violence;

      (11) the physical, psychological, and economic impact of domestic violence on the victim, the costs to society, and the implications for court procedures and sentencing;

      (12) the psychology and self-presentation of batterers and victims and the negative implications for court proceedings and credibility of witnesses;

      (13) sex stereotyping of female and male victims of domestic violence, myths about presence or absence of domestic violence in certain racial, ethnic, religious, or socioeconomic groups, and their impact on the administration of justice;

      (14) historical evolution of laws and attitudes on domestic violence;

      (15) proper and improper interpretations of the defenses of self-defense and provocation, and the use of expert witness testimony on battered woman syndrome;

      (16) the likelihood of retaliation, recidivism, and escalation of violence by batterers, and the potential impact of incarceration and other meaningful sanctions for acts of domestic violence including violations of orders of protection;

      (17) economic, psychological, social and institutional reasons for victims’ inability to leave the batterer, to report domestic violence or to follow through on complaints, including the influence of lack of support from police, judges, and court personnel, and the legitimate reasons why victims of domestic violence may refuse to testify against a defendant and should not be held in contempt;

      (18) the need for orders of protection, and the negative implications of mutual orders of protection, dual arrest policies, and mediation in domestic violence cases; and

      (19) recognition of and response to gender-motivated crimes of violence other than rape, sexual assault and domestic violence, such as mass or serial murder motivated by the gender of the victims.

SEC. 403. COOPERATION IN DEVELOPING PROGRAMS.

    The State Justice Institute shall ensure that model programs carried out pursuant to grants made under this subtitle are developed with the participation of law enforcement officials, public and private nonprofit victim advocates, legal experts, prosecutors, defense attorneys, and recognized experts on gender bias in the courts.

SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for fiscal year 1994, $600,000 to carry out the purposes of this subtitle. Of amounts appropriated under this section, the State Justice 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 assault.

Subtitle B--Education and Training for Judges and Court Personnel in Federal Courts

SEC. 411. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION 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 conduct studies of the instances of gender bias in their respective circuits. The studies may include an examination of the effects of gender on--

      (1) the treatment of litigants, witnesses, attorneys, 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 incarceration, 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 alternative dispute resolution programs;

      (9) the selection, retention, promotion, and treatment 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 presents and prepares, including the training programs for newly appointed judges, information on issues related 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 appropriate;

      (2) prepare materials necessary to implement this subsection; and

      (3) take into consideration the findings and recommendations 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 appropriated--

      (1) $600,000 to the Salaries and Expenses Account 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 Administrative 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, including 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 expert 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 behavior, beliefs, or perceptions of such defendant in a domestic relationship in which abuse has occurred;

      (2) the average juror often has little understanding 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 victims 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 system, insofar as the criminal justice system traditionally 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 victims 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 Congress 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 understanding the behavior, beliefs, or perceptions of such defendant in a domestic relationship in which abuse has occurred;

      (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

      (3) that expert testimony about a domestic relationship be admissible to include testimony of relationships between spouses, former spouses, cohabitants, former cohabitants, partners or former partners, and between persons who are in, or have been in, a dating, courtship, or intimate relationship.

Passed the House of Representatives November 20, 1993.

Attest:

DONNALD K. ANDERSON,

Clerk.

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