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


The text of the bill below is as of Aug 23, 1993 (Introduced).


HR 1133 SC

103d CONGRESS

1st Session

H. R. 1133

To combat violence and crimes against women.

IN THE HOUSE OF REPRESENTATIVES

February 24, 1993

Mrs. SCHROEDER (for herself, Ms. SLAUGHTER, Mr. SCHUMER, Mrs. MORELLA, Ms. SNOWE, Ms. PELOSI, Ms. NORTON, Mrs. COLLINS of Illinois, Miss COLLINS of Michigan, Mrs. MINK, Mrs. UNSOELD, Ms. KAPTUR, Mrs. LOWEY, Ms. WATERS, Mrs. BYRNE, Mrs. MALONEY, Ms. VELAZQUEZ, Ms. MCKINNEY, Ms. ESHOO, Ms. SCHENK, Ms. BROWN of Florida, Mrs. MEYERS of Kansas, Mr. MOAKLEY, Mr. FRANK of Massachusetts, Mr. YATES, Mr. OBERSTAR, Mr. MCDERMOTT, Mr. WILSON, Mr. LEHMAN, Mr. MAZZOLI, Mr. ANDREWS of Texas, Mr. KREIDLER, Mr. OLVER, Mr. MILLER of California, Mr. SHAYS, Mr. GUTIERREZ, Mr. RAMSTAD, Mr. NEAL of Massachusetts, Mr. MEEHAN, Mr. ACKERMAN, Mr. OWENS, Mr. FROST, Mr. KILDEE, Mr. BILBRAY, Mr. REED, Mr. BROWN of California, Mr. KOPETSKI, Mr. BILIRAKIS, Mr. EVANS, Mr. WHEAT, Mr. GEJDENSON, Mr. WISE, Ms. E.B. JOHNSON of Texas, Mr. DEUTSCH, Mr. LIPINSKI, Mr. FILNER, Mr. ANDREWS of New Jersey, Mr. SWETT, Mr. ALLARD, Mr. SWIFT, and Mr. WALSH) introduced the following bill; which was referred to the Committee on the Judiciary

August 23, 1993

Additional sponsors: Mr. LAFALCE, Mr. STUPAK, Mr. SANDERS, Mr. JEFFERSON, Mr. PETERSON of Minnesota, Mr. BRYANT, Mrs. JOHNSON of Connecticut, Mr. FALEOMAVAEGA, Mr. RAVENEL, Mr. MURPHY, Mr. COLEMAN, Mr. DURBIN, Mr. MANTON, Mr. VENTO, Mrs. KENNELLY, Mr. RANGEL, Mr. HAMILTON, Mr. UPTON, Mr. TOWNS, Mr. COYNE, Mr. FLAKE, Mr. BECERRA, Mr. BEILENSON, Mrs. MEEK, Mr. HINCHEY, Mr. CARDIN, Mr. BLACKWELL, Mr. BARRETT of Wisconsin, Mr. DEFAZIO, Mr. KENNEDY, Mr. FAZIO, Mr. MFUME, Mr. REYNOLDS, Mr. LEWIS of Georgia, Mr. MORAN, Mr. ABERCROMBIE, Mr. SERRANO, Mr. MCCLOSKEY, Mr. SARPALIUS, Mrs. LLOYD, Mr. ANDREWS of Maine, Mr. HYDE, Mr. MARKEY, Mr. GIBBONS, Mr. COSTELLO, Mr. FOGLIETTA, Mr. SCOTT, Ms. DANNER, Mr. MCHUGH, Mr. CONYERS, Ms. MOLINARI, Ms. DELAURO, Mrs. CLAYTON, Mr. HASTINGS, Mr. WAXMAN, Mr. BONIOR, Mr. WASHINGTON, Ms. FURSE, Mr. JOHNSTON of Florida, Mr. BORSKI, Mr. CARR, Mr. COPPERSMITH, Mr. HOCHBRUECKNER, Mr. TUCKER, Mr. SABO, Mr. WYDEN, Mr. TORRICELLI, Mr. RUSH, Mr. FRANKS of Connecticut, Mr. LANTOS, Mr. LEVY, Mr. CLEMENT, Mr. LEVIN, Mr. NADLER, Mr. HAMBURG, Mr. BOUCHER, Mr. MCHALE, Mr. SLATTERY, Mr. STARK, Mr. POMEROY, Mr. MENENDEZ, Ms. WOOLSEY, Mr. MACHTLEY, Mr. PALLONE, Mr. DIXON, Mr. WYNN, Mr. FORD of Michigan, Mr. MURTHA, Ms. ROYBAL-ALLARD, Mr. CLAY, Ms. MARGOLIES-MEZVINSKY, Mr. STUDDS, Ms. ENGLISH of Arizona, Mr. GILMAN, Mr. LEACH, Mr. APPLEGATE, Mr. RAHALL, Mr. ENGEL, Mr. DE LUGO, Mr. PETE GEREN of Texas, Mr. BARTON of Texas, Mr. CRAMER, Mr. JOHNSON of South Dakota, Mrs. THURMAN, Mr. ENGLISH of Oklahoma, Mr. HOYER, Mr. PASTOR, Mr. ORTON, Mr. FORD of Tennessee, Mr. POSHARD, Mr. GILCHREST, Mr. MOLLOHAN, Ms. SHEPHERD, Mr. VISCLOSKY, Mr. MINETA, Mr. SANGMEISTER, Mr. MARTINEZ, Mr. STOKES, Mr. VALENTINE, Mr. PAYNE of New Jersey, Mr. MINGE, Mr. GUNDERSON, Mr. HOLDEN, Mr. GINGRICH, and Mr. GENE GREEN of Texas


A BILL

To combat violence and crimes against women.

    Be it enacted by the Senate and House of 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’.

SEC. 2. TABLE OF CONTENTS.

    The following is the table of contents for this Act:

      Sec. 1. Short title.

      Sec. 2. Table of contents.

TITLE I--SAFE STREETS FOR WOMEN

      Sec. 101. Short title.

Subtitle A--Law Enforcement and Prosecution Grants to Reduce violent Crimes Against Women

      Sec. 111. Grants to combat violent crimes against women.

      Sec. 112. Rape exam payments.

Subtitle B--Rape Prevention Grants and Offender Training Programs

CHAPTER 1--RAPE PREVENTION GRANTS

      Sec. 121. Education and prevention grants to reduce sexual assaults against women.

      Sec. 122. Applications.

      Sec. 123. Reports.

      Sec. 124. Definitions.

      Sec. 125. Authorization of appropriations.

CHAPTER 2--OFFENDER TRAINING AND INFORMATION PROGRAMS

      Sec. 126. National Institute of Justice training program.

      Sec. 127. Treatment information.

Subtitle C--Victim Compensation

      Sec. 131. Victim Compensation.

Subtitle D--National Board on Violent Crime Against Women

      Sec. 141. Establishment.

      Sec. 142. Duties of Board.

      Sec. 143. Membership.

      Sec. 144. Reports.

      Sec. 145. Executive Director and staff.

      Sec. 146. Powers of Board.

      Sec. 147. Authorization of appropriations.

      Sec. 148. Termination.

Subtitle E--Safe Campuses for Women

      Sec. 151. Safe campuses for women.

TITLE II--SAFE HOMES FOR WOMEN

      Sec. 201. Short title.

Subtitle A--Interstate Enforcement

      Sec. 211. Interstate enforcement.

Subtitle B--Arrest in Domestic Violence Cases

      Sec. 221. Encouraging arrest policies.

Subtitle C--Safe Homes for Immigrant Women

      Sec. 231. Authorization.

Subtitle D--Confidentiality for Abuse Persons

      Sec. 261. Confidentiality for abused persons.

TITLE III--CIVIL RIGHTS

      Sec. 301. Civil rights.

TITLE IV--EQUAL JUSTICE FOR WOMEN IN THE COURTS

Subtitle A--New Evidentiary Rules

      Sec. 401. Interlocutory Appeal.

      Sec. 402. Sexual history in all criminal cases.

      Sec. 403. Sexual history in criminal cases.

      Sec. 404. Evidence of clothing.

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

      Sec. 411. Grants authorized.

      Sec. 412. Training provided by grants.

      Sec. 413. Cooperation in developing programs.

      Sec. 414. Authorization of appropriations.

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

      Sec. 421. Authorizations of circuit studies; education and training grants.

      Sec. 422. Authorization of appropriations.

TITLE I--SAFE STREETS FOR WOMEN

SEC. 101. SHORT TITLE.

    This title may be cited as the ‘Safe Streets for Women Act of 1993’.

Subtitle A--Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women

SEC. 111. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.

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

      (1) redesignating part Q as part R;

      (2) redesignating section 1701 as section 1801;

      and

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

‘PART Q--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

‘SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.

    ‘(a) GENERAL PROGRAM PURPOSE- The purpose of this part is to assist States and other eligible entities to develop effective law enforcement and prosecution strategies to combat violent crimes against women.

    ‘(b) PURPOSES FOR WHICH GRANTS MAY BE USED- Grants under this part shall provide additional personnel, training, technical assistance, data collection and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes 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 police and prosecution policies, protocols, or orders specifically devoted to the 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; and

      ‘(5) developing, enlarging, or strengthening victim services programs, including sexual assault and domestic violence programs, to increase reporting and reduce attrition rates for cases involving violent crimes against women, including crimes of sexual assault and domestic violence.

‘SEC. 1702. STATE GRANTS.

    ‘(a) GENERAL GRANTS- The Director is authorized to make grants to States, for use by States, units of local government in the States, and nonprofit nongovernmental victim services programs in the States, for the purposes outlined in section 1701(b), and to reduce the rate of violent crimes against women.

    ‘(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; and

      ‘(2) proof of compliance with the requirements for the payment of forensic medical exams provided pursuant to section 112 of the Violence Against Women Act of 1993.

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

      ‘(1) certifying that funds received under this part shall be used to reduce the rate of violent crimes against women and for the purposes outlined in section 1701(b); and

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

      ‘(3) providing documentation from the 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 these 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 in the community to be served by such plan;

      ‘(5) providing assurances that prosecution, law enforcement, and nonprofit nongovernmental services for victims shall each receive not less than 25 percent of any funds received under this part; and

      ‘(6) providing assurances that any Federal funds received under this part shall be used to 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 subpart 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- Upon completion of the grant period under this part, the State 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.

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

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

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

‘SEC. 1703. GENERAL GRANTS TO TRIBES

    ‘(a) GENERAL GRANTS- The Director is authorized to make grants to Indian tribes, for use by tribes, tribal organizations or nonprofit, nongovernmental domestic violence and sexual assault victim services programs on Indian reservations, for the purposes outlined in section 1701(b), and to reduce the rate of violent crimes against women in Indian country.

    ‘(b) AMOUNTS- From amounts appropriated, the amount of grants under subsection (a) shall be awarded on a competitive basis to tribes, with minimum grants of $35,000 and maximum grants of $300,000.

    ‘(c) QUALIFICATION- Upon satisfying the terms of subsection (d), any tribe shall be qualified for funds provided under this part upon certification that the funds shall be used to reduce the rate of violent crimes against women and for the purposes outlined in section 1701(b).

    ‘(d) APPLICATION REQUIREMENTS-

      ‘(1) IN GENERAL- Applications shall be made directly to the Director and shall contain a description of the tribes’ law enforcement responsibilities for the Indian country described in the application and a description of the tribes’ system of courts, including whether the tribal government operates courts of Indian offenses as defined in section 201 of title II of Public Law 90-284 (25 U.S.C. 1301) or Code of Federal Regulation courts under 25 CFR 11 et seq.

      ‘(2) CONTENT- Applications shall be in such form as the Director may reasonably require and shall specify the nature of the program proposed by the applicant tribe, the data and information on which the program is based, and the plans to use or incorporate existing domestic violence and sexual assault services available in the Indian country where the grant will be used.

      ‘(3) TERM OF GRANT- The term of any grant shall be for a period of not less than 3 years.

    ‘(e) GRANTEE REPORTING- At the end of the first 12 months of the grant period and at the end of each subsequent year, the Indian tribe 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. The Director shall not disperse additional funds if an applicant fails to submit an annual performance report.

    ‘(f) DEFINITIONS- For purposes of this section--

      ‘(1) the term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or 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; and

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

‘SEC. 1704. GENERAL DEFINITIONS.

    ‘For purposes of this part--

      ‘(1) the term ‘domestic violence’ means crimes of violence committed by a current or former spouse of the victim, an individual with whom the victim shares a child in common, an individual who is 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 ‘sexual assault’ includes 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

      ‘(3) the term ‘victim services program’ means any public or private, nonsectarian, 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. 1705. GENERAL TERMS AND CONDITIONS.

    ‘(a) NONMONETARY ASSISTANCE- In addition to the assistance provided under sections 1702 and 1703, the Director may request any Federal agency, with or without reimbursement, to use its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) to support State and local 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) a copy of each grantee report filed pursuant to sections 1702(f) and 1703(e).

    ‘(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for each of the fiscal years 1994 and 1995, $190,000,000 to carry out the purposes of section 1702 and $10,000,000 to carry out the purposes of section 1703.’.

    (b) 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 grants to tribes.

      ‘Sec. 1704. General definitions.

      ‘Sec. 1705. General terms and conditions.

‘Part R--Transition; Effective Date; Repealer

      ‘Sec. 1801. Continuation of rules, authorities, and proceedings’.

SEC. 112. RAPE EXAM PAYMENTS.

    (a) RESTRICTION OF FUNDS- No State is entitled to funds under title I of the Violence Against Women Act of 1993 unless the State or other grantee incurs the full cost of forensic medical exams for victims of sexual assault when such exams are required under section 112 of such title.

    (b) MEDICAL COSTS- A State shall be deemed to incur the full medical cost of forensic medical exams for victims of sexual assault if such State--

      (1) provides such exams to victims free of charge to the victim;

      (2) arranges for victims to obtain such exams free of charge to the victim; or

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

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

        (B) the State permits victims to apply for reimbursement for at least one year from the date of the exam;

        (C) the State provides reimbursement not later than 90 days after written notification of the victim’s expense; and

        (D) the State provides information at the time of the exam to all victims, including victims with limited or no English proficiency, regarding how to obtain reimbursement.

Subtitle B--Rape Prevention Programs

CHAPTER 1--RAPE PREVENTION GRANTS

SEC. 121. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS AGAINST WOMEN.

    The Director of the Bureau of Justice Assistance (referred to in this subtitle as the ‘Director’) is authorized to make grants--

      (1) to provide educational seminars, particularly developed with emphasis on seminars for elementary and secondary school age children, designed to change attitudes regarding rape and develop an awareness of what acts may meet the legal definition of rape;

      (2) to provide programs for elementary and 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) develop treatment programs for convicted sex offenders and make such programs available in the local community and in Federal and State prisons.

      (6) 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. 122. APPLICATIONS.

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

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

    (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 appropriate programs where necessary.

SEC. 123. REPORTS.

    (a) GRANTEE REPORTING- Upon completion of the grant period under this part, 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 part. 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 part, the Director shall submit to the Congress a report that includes, for each grantee--

      (1) the amount of grants made under this part;

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

      (3) a copy of each grantee report filed pursuant to subsection (a).

SEC. 124. DEFINITIONS.

    For purposes of this subtitle:

      (1) the term ‘eligible entity’ means a non-profit, nongovernmental organization that directly serves or provides advocacy on behalf of victims of rape or sexual assault.

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

SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the purposes of this subtitle, $60,000,000 for fiscal year 1994, $75,000,000 for fiscal year 1995, and $100,000,000 for fiscal year 1996.

CHAPTER 2--

OFFENDER TRAINING AND INFORMATION PROGRAMS

SEC. 126. NATIONAL INSTITUTE OF JUSTICE TRAINING PROGRAMS.

    (a) IN GENERAL- The National Institute of Justice, after consultation with victim advocates and individuals who have expertise in treating sex offenders, shall 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--

      (1) each person serving a sentence of imprisonment in a 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; and

      (2) each person serving a sentence of imprisonment in an institution other than a 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 for a similar offense.

Subtitle C--Victim Compensation

SEC. 131. VICTIM COMPENSATION.

    (A) IN GENERAL- Chapter 109A of title 18, United States Code, is amended by adding at the end the following new section:

‘Sec. 2248. Mandatory restitution for sex offenses

    ‘(a) IN GENERAL- Notwithstanding the terms of section 3663, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter.

    ‘(b) SCOPE AND NATURE OF ORDER-

      ‘(1) IN GENERAL- The order of restitution under this section shall direct that--

        ‘(A) the defendant pay to the victim the full amount of the victim’s losses as determined by the court, pursuant to paragraph (3); and

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

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

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

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

        ‘(B) 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.

      ‘(4) CONSIDERATION OF ECONOMIC CIRCUMSTANCES-

        ‘(A) IN GENERAL- Notwithstanding the terms of paragraph (3), 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.

        ‘(B) DEFINITION- For purposes of this paragraph, the term ‘economic circumstances’ includes--

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

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

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

        ‘(C) 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.

        ‘(D) PAYMENT TO OTHER PROVIDER OF COMPENSATION- In the event that the victim has recovered for any amount of loss through the proceeds of insurance or any other source, the order of restitution shall provide that restitution be paid to the person who provided the compensation, but that restitution shall be paid to the victim before any restitution is paid to any other provider of compensation.

      ‘(5) SETOFF- Any amount paid to a victim under this section shall be set off against any amount later recovered as compensatory damages by the victim from the defendant in--

        ‘(A) any Federal civil proceeding; and

        ‘(B) any State civil proceeding, to the 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 his delegee), 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 his delegee) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or his delegee) shall advise the victim that the victim may file a separate affidavit.

      ‘(2) OBJECTIONS- If no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to subsection (1) shall be entered in the court’s restitution order. If objection is raised, the court may require the victim or the United States Attorney (or his delegee) to submit further affidavits or other supporting documents, 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. Any records filed, or testimony heard, pursuant to this section, shall be in the judge’s chambers.

      ‘(4) FINAL DETERMINATION OF LOSSES- In the event that the victim’s losses are not ascertainable 10 days prior to sentencing as provided in subsection (c)(1), the United States Attorney (or his delegee) shall so inform the court, and the court shall set a date for the final determination of the victim’s losses, not to exceed 90 days after 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.

    ‘(d) DEFINITION- For purposes of this section, the term ‘victim’ includes any person who has suffered direct physical harm as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, except that in no event shall the defendant be named as such representative or guardian.’.

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

      ‘2248. Mandatory restitution for sex offenses.’.

Subtitle D--National Board on Violent Crime Against Women

SEC. 141. ESTABLISHMENT.

    There is established an advisory board to be known as the Interagency Advisory Board on Violent Crime Against Women (in this Act referred to as the ‘Board’).

SEC. 142. DUTIES OF BOARD.

    (a) GENERAL PURPOSE OF THE BOARD- The Board shall assess and review policies and practices of the Federal Government regarding violence against women and make recommendations regarding such policies and practices.

    (b) FUNCTIONS- The Board shall perform the following functions--

      (1) review and evaluate the programs and policies developed by Federal agencies for the prevention of crimes against women and assistance to women who are victims of sexual assault and domestic violence, including programs and policies at the Departments of Justice, Health and Human Services, Housing and Urban Development, and Education;

      (2) evaluate the adequacy of, and make recommendations regarding, the role of the Federal Government in assisting States in addressing violence against women;

      (3) review research regarding violence against women and recommend additional topics for research;

      (4) evaluate the adequacy of, and make recommendations regarding, data collection and government statistics on the incidence and prevalence of violent crimes against women;

      (5) promote coordination between Federal agencies charged with addressing violence against women; and

      (6) assess on an annual basis the progress made by the Federal Government to improve programs designed to prevent violence against women or assist women who are victims of violent crime.

SEC. 143. MEMBERSHIP.

    (a) NUMBER AND APPOINTMENT-

      (1) APPOINTMENT- Not later than 90 days after the enactment of this Act, and after consultation with the Secretaries of the Departments of Health and Human Services, Housing and Urban Development, and Education (referred to in this subtitle as the ‘Secretaries’), the Attorney General shall appoint a Board composed of 13 members as follows:

        (A) 5 members who shall have expertise in providing services to victims of domestic violence or sexual assault--

          (i) two of whom shall have expertise in the area of domestic violence;

          (ii) two of whom shall have expertise in the area of sexual assault; and

          (iii) one of whom shall have expertise in the area of counseling (drawn from social workers, psychologists or professional counselors;

        (B) 4 members with expertise in law enforcement or judicial administration, including a representative member from one of each of the following groups--

          (i) police;

          (ii) prosecutors;

          (iii) judges; and

          (iv) victims civil legal advocates;

        (C) one member with expertise in corrections;

        (D) one member representing medical service providers;

        (E) one member representing State governments; and

        (F) one member representing local governments.

      (2) REPRESENTATION- The Attorney General shall select members who are specially qualified to serve on the Board based on their level of expertise in national or State efforts to combat violence against women or who have experience in national or State advocacy service organizations that specialize in sexual assault or domestic violence.

      (3) EX OFFICIO MEMBERS- Representatives from the following positions shall be appointed to serve as ex officio members:

        (A) Representatives from the Department of Justice--

          (i) Assistant Attorney General for the Office of Justice Programs;

          (ii) Director of the Bureau of Justice Assistance;

          (iii) Director of the Bureau of Justice Statistics;

          (iv) Director of the National Institute of Justice; and

          (v) Director of the Office of Victims of Crime.

        (B) Representatives from the Department of Health and Human Services--

          (i) Assistant Secretary for Health;

          (ii) Deputy Assistant Secretary for Health (Disease Prevention and Health Promotion);

          (iii) Administrator of Health Resources and Services Administration;

          (iv) Director for the Centers for Disease Control;

          (v) Assistant Secretary for Human Development Services; and

          (vi) Commissioner of the Administration for Children, Youth, and Families.

        (C) Representatives from the Department of Housing and Human Development--

          (i) Assistant Secretary for Housing;

          (ii) Assistant Secretary for Community Planning and Development; and

          (iii) Assistant Secretary for Policy Development and Research.

        (D) Representatives from the Department of Education--

          (i) Assistant Secretary for Post-secondary Education; and

          (ii) Assistant Secretary for Elementary and Secondary Education.

        (E) Additional Representatives--The Attorney General shall appoint additional officers or employees of the United States as deemed necessary.

      (4) SUBCOMMITTEES- The Board may establish subcommittees composed of Board members with expertise in a particular area, but if established, shall include representation from a representative of services for victims.

      (5) TERM OF MEMBERS- Members of the Board shall serve for the life of the Board.

      (6) VACANCY- A vacancy on the Board shall be filled in the manner in which the original appointment was made.

    (b) CHAIRPERSON- Not later than 15 days after the members of the Board are appointed, such members shall select a Chairperson from among the members of the Board.

    (c) QUORUM- 7 members of the Board shall constitute a quorum, but a lesser number may be authorized by the Board to conduct hearings.

    (d) MEETINGS- The Board shall hold its first meeting on a date specified by the Chairperson, but such date shall not be later than 60 days after the date of the enactment of this Act. After the initial meeting, the Board shall meet at the call of the Chairperson, at the request of the Attorney General or the Secretaries, or a majority of its members, but shall meet not less than twice each year.

    (e) PAY- Members of the Board who are officers or employees or elected officials of the Federal Government shall receive no additional compensation by reason of their service on the Board.

    (f) PER DIEM- Except as provided in subsection (e), while away from their homes or regular places of business in the performance of duties for the Board, members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code.

SEC. 144. REPORTS.

    (a) REPORT TO ATTORNEY GENERAL- Not later than 1 year after the date on which the Board is fully constituted under section 143 and each subsequent year, the Board shall prepare and submit a report to the Attorney General and the Secretaries which includes the following:

      (1) ACTIVITIES- A description of the activities during such year.

      (2) EVALUATION- A description and evaluation of the programs and practices of the Federal Government regarding violence against women.

      (3) IMPROVEMENT- An evaluation of the progress made by the Federal Government to improve programs and practices regarding violence against women.

      (4) RECOMMENDATIONS- Recommendations by the Board for improvement in programs and practices by the Federal Government regarding violence against women and the coordination between Federal agencies responsible for providing programs to address violence against women.

    (b) REPORT TO CONGRESS- The Attorney General shall submit a report each year to the appropriate committees of the House of Representatives and the Senate regarding the findings and recommendations of the Board.

SEC. 145. EXECUTIVE DIRECTOR AND STAFF.

    (a) Executive Director-

      (1) APPOINTMENT- The Board shall have an Executive Director who shall be appointed by the Chairperson, with the approval of the Board, not later than 60 days after the Chairperson is selected.

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

    (b) STAFF- With the approval of the Board, the 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 Board.

    (c) APPLICABILITY OF CIVIL SERVICE LAWS- The Executive Director and the additional personnel of the Board appointed under subsection (b) may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of 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 Board, 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. 146. POWERS OF BOARD.

    (a) HEARINGS- For the purpose of carrying out this subtitle, the Board may conduct such hearings, set and act at such times and places, take such testimony, and receive such evidence, as the Board considers appropriate. The Board may administer oaths before the Board.

    (b) DELEGATION- Any member or employee of the Board may, if authorized by the Board, take any action that the Board is authorized to take under this subtitle.

    (c) ACCESS TO INFORMATION- The Board may secure directly from any executive department or agency such information as may be necessary to enable the Board to carry out this subtitle, except to the extent that the department or agency is expressly prohibited by law from furnishing such information. On the request of the Chairperson of the Board, the head of such a department or agency shall furnish nonprohibited information to the Board.

    (d) MAILS- The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

SEC. 147. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 148. TERMINATION.

    The Board shall remain in existence until the Attorney General and the Secretaries agree to terminate the Board.

Subtitle E--Safe Campuses for Women

SEC. 151. CAMPUS SEXUAL ASSAULT STUDY.

    (a) STUDY- The Attorney General shall provide for a national baseline study to examine the scope of the 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 and civil liability;

      (6) an assessment of the policies and practices of educational institutions that are of greatest effectiveness 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 Congress no later than September 1, 1995.

    (d) DEFINITION- For purposes of this section, ‘campus sexual assaults’ includes sexual assaults occurring at institutions of postsecondary education and sexual assaults committed against or by students or employees of such institutions.

    (e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated $200,000 to carry out the study required by this section.

TITLE II--SAFE HOMES FOR WOMEN

SEC. 201. SHORT TITLE.

    This title may be cited as the ‘Safe Homes for Women Act’.

Subtitle A--Interstate Enforcement

SEC. 211 INTERSTATE ENFORCEMENT.

    (a) IN GENERAL- Part 1 of title 18, United States Code, is amended by inserting after chapter 110 the following new chapter:

    ‘Chapter 110A--Domestic violence and stalking

      ‘Sec. 2261. Interstate domestic violence.

      ‘Sec. 2262. Violation of protection order.

      ‘Sec. 2263. Interim protections.

      ‘Sec. 2264. Restitution.

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

      ‘Sec. 2266. Definitions for chapter.

‘Sec. 2261. Interstate domestic violence

    ‘(a) Whoever travels across a State line 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) for not more than 5 years, in any other case;

    or both such fine and imprisonment; and

      ‘(5) if the offense constitutes sexual abuse, as that conduct is described under chapter 109A (without regard to whether the offense was committed in the maritime, territorial or prison jurisdiction of the United States) by fine or term of imprisonment as provided for the applicable conduct under chapter 109A.

‘Sec. 2262. Violation of protection order

    ‘(a) Whoever travels across a State line with the intent to engage in conduct that--

      ‘(1) violates a protection order; or

      ‘(2) would violate such order 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 for not less than 3 months and not more than 3 years, or both. Any term or imprisonment imposed under this section shall be consecutive to any term imposed under section 2261 with respect to the same criminal episode.

‘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 section 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); 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;

        ‘(H) necessary child care;

        ‘(I) language translation services; and

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

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

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

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

      ‘(4) Consideration of economic circumstances-

        ‘(A) IN GENERAL- Notwithstanding the terms of paragraph (3), 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.

        ‘(C) PAYMENT TO OTHER PROVIDER OF COMPENSATION- In the event that the victim has recovered for any amount of loss through the proceeds of insurance or any other source, the order of restitution shall provide that restitution be paid to the person who provided the compensation, but that restitution shall be paid to the victim before any restitution is paid to any other provider of compensation.

      ‘(5) SETOFF- Any amount paid to a victim under this section shall be setoff against any amount later recovered as compensatory damages by the 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 delegee), 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 delegee) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the delegee) shall advise the victim that the victim may file a separate affidavit and assist the victim in the preparation of that affidavit.

      ‘(2) OBJECTIONS- If no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to subsection (1) shall be entered in the court’s restitution order. If objection is raised, the court may require the victim or the United States Attorney (or such Attorney’s delegee) to 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. Any records filed, or testimony heard, pursuant to this section, shall be in camera in the judge’s chambers.

      ‘(4) FINAL DETERMINATION OF LOSSES- In the event that the victim’s losses are not ascertainable 10 days before sentencing as provided in subsection (c)(1), the United States Attorney (or such Attorney’s delegee) shall so inform the court, and the court shall set a date for the final determination of the victims’s losses, not to exceed 90 days after sentencing. If the victim subsequently discovers 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 shall not be a substitute for imposition of punishment under sections 2261.

    ‘(e) DEFINITIONS- As used in this section, the term ‘victim’ includes any person who has suffered direct physical, emotional, or pecuniary harm as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, except that in no event shall the defendant be named as such representative or guardian.

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

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

    ‘(b) PROTECTION ORDER- A protection order issued by a State court is consistent with the provisions of this section if--

      ‘(1) such court has jurisdiction over the parties and matter under the law of such State; and

      ‘(2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights.

    ‘(c) CROSS OR COUNTER PETITION- A protection order issued by a State court against one who has 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 submitted 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, and any Indian tribe, commonwealth, territory, or possession of the United States; and

      ‘(4) the term ‘travel across State lines’ does not include travel across State lines by an individual who is a member of an Indian tribe when such individual remains at all times in the territory of the Indian tribe of which the individual is a member.’.

    (b) TABLE OF CHAPTERS- The table of chapters at the beginning part 1 of title 18, United States Code, is amended by inserting after the item for chapter 110 the following:

2261.’.

Subtitle B--Arrest in Domestic Violence Cases

SEC. 221. ENCOURAGING ARREST POLICES.

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

      (1) redesignating part R as part S;

      (2) redesignating section 1801 as section 1901; and

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

‘PART R--GRANTS TO ENCOURAGE ARREST POLICIES

‘SEC. 1801. ARREST POLICIES.

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

      ‘(1) to implement mandatory arrest or pro-arrest 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; and

      ‘(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) mandate arrest of spouse abusers based on probable cause that violence has been committed; or

        ‘(ii) permit warrantless misdemeanor arrests of spouse abusers and encourage the use of that authority; and

        ‘(B) mandate arrest of spouse abusers who violate the terms of a valid and outstanding protection order;

      ‘(2) demonstrate that their laws, policies, or practices, and training programs discourage dual arrests of abused and abuser and the increase in arrest rates demonstrated pursuant to paragraph (1)(A) is not the result of increased dual arrests; and

      ‘(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.

‘SEC. 1802. 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, nongovernmental 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 implemention.

    ‘(b) PRIORITY- In awarding grants under this part, the Director shall give priority to an applicant that--

      ‘(1) does not currently provide for centralized handling of cases involving spousal or family violence by policy, prosecutors, and courts; and

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

‘SEC. 1803. 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 Secretary may prescribe.

‘SEC. 1804. DEFINITIONS.

    ‘For purposes of this part--

      ‘(1) the term ‘domestic violence’ means a crime of violence committed by a current or former spouse of the victim, an individual with whom the victim shares a child in common, an individual who 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 ‘protector 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; and

‘SEC. 1805. AUTHORIZATION OF APPROPRIATIONS.

    ‘There are authorized to be appropriated $25,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out the purposes of this part.’.

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

    (c) CONFORMING AMENDMENT- The table of 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 R and inserting the following:

‘Part R--Grants to Encourage Arrest Policies

      ‘Sec. 1801. Arrest Policies.

      ‘Sec. 1802. Applications.

      ‘Sec. 1803. Reports.

      ‘Sec. 1804. Authorization of Appropriations.

‘Part S--Transition; Effective Date; Repealer

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

Subtitle C--Safe Homes for Immigrant Women

SEC. 231. SAFE HOMES FOR IMMIGRAMT WOMEN.

    (a) ABUSED ALIEN FAMILY MEMBER DEFINED- Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following new paragraph:

    ‘(47)(A) The term ‘abused’ means having been battered or subjected to extreme cruelty, including intimidation and including, additionally in the case of a child, having been abondoned.

    ‘(B) The term ‘abused alien family member’ means an alien who--

      ‘(i) is the spouse or child of a citizen of the United States or an alien lawfully admitted for permanent residence and has been abused by such citizen or permanent resident;

      ‘(ii) is the spouse of a citizen of the United States or of an alien lawfully admitted for permanent residence whose child has been abused by such citizen or permanent resident parent.

    ‘(C) The term ‘citizen or resident abuser’ means a citizen of the United States or an lien lawfully admitted for permanent residence who abuses an abused alien family member (as defined in subparagraph (B)).’.

    (b) RIGHT TO SELF-PETITION- Section 204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is amended--

      (1) in subparagraph (A)--

        (A) by striking ‘citizen of the United States claiming that an alien’ and inserting ‘alien (or in the case of an alien under 21 years of age, a parent or custodian of the alien) claiming that the alien’,

        (B) by inserting ‘(2),’ after ‘(1),’, and

        (C) by striking the second sentence and inserting the following: ‘A petition filed under this subparagraph may only be withdrawn by the beneficiary or self-petitioner.’;

      (2) by striking subparagraph (B); and

      (3) by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively.

    (c) SURVIVAL RIGHTS TO PETITION FOR ABUSED ALIEN FAMILY MEMBERS- Section 204 of such Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection:

    ‘(h) SURVIVAL RIGHTS FOR ABUSED ALIEN FAMILY MEMBERS- An abused alien family member shall be considered, for the purpose of section 201(b)(2)(A)(i) or 203(a)(2), as the case may be, to remain the spouse or child of a citizen or resident abuser after the legal termination of the marriage through which the member seeks immigrant status, but only if the member files a petition under section 204(a)(1)(A) within two years after the date of such legal termination (or, in the case of a child and if later, within 2 years after the date the child reaches the age of 21) and only, in the case of a former spouse, until the date the former spouse remarries. Such legal termination shall not be a basis for revocation of a petition under section 205.’.

    (d) STAY OF DEPORTATION AND WORK AUTHORIZATION FOR ABUSED ALIEN FAMILY MEMBERS-

      (1) IN GENERAL- The Immigration and Nationality Act is amended by inserting after section 244A the following new section:

‘STAY OF DEPORTATION AND WORK AUTHORIZATION FOR ABUSED ALIEN FAMILY MEMBERS

    ‘SEC. 244B. (a) IN GENERAL- An abused alien family member in the United States who has not been lawfully admitted for permanent residence and who demonstrates that there are reasonable grounds to believe that the alien or the alien’s child is being abused by a citizen or resident abuser--

      ‘(1) may not be deported or otherwise required to depart from the United States on a ground specified in paragraph (1)(A), (1)(B), (1)(C), or (3)(A) of section 241(a) (other than so much of section 241(a)(12)(A) as relates to a ground of exclusion described in paragraph (2) or (3) of section 212(a)), and

      ‘(2) shall be granted authorization to engage in employment in the United States,

    until such time as an immigrant visa is available and the alien’s application for adjustment of status under section 245 has been finally adjudicated by the Attorney General.

    ‘(b) FRAUDULENT CLAIMS- The Attorney General may revoke the work authorization of, and initiate deportation proceedings against, any alien who has fraudulently made a claim to be an abused alien family member, if the alien has received notice of intent to revoke and has a reasonable opportunity to rebut evidence supporting the revocation.’.

      (2) CLERICAL AMENDMENT- The table of contents of such Act is amended by inserting after the item relating to section 244 the following new item:

      ‘Sec. 244B. Stay of deportation and work authorization for abused alien family members.’.

    (e) RULES FOR ADJUSTMENT OF STATUS FOR ABUSED ALIEN FAMILY MEMBERS- Section 245 of such Act (8 U.S.C. 1255) is amended by adding at the end the following new subsection:

    ‘(i) In applying this section to an abused alien family member (as defined in section 101(a)(47)(B)) who has filed a petition under section 204(a)(1)(A)--

      ‘(1) the alien shall be deemed (if not otherwise inspected and admitted or paroled into the United States) for purposes of subsection (a) to have been inspected and admitted into the United States,

      ‘(2) clauses (2) through (4) of subsection (c) shall not apply, and

      ‘(3) subsection (d) shall not apply.’.

    (f) Evidence-

      (1) BATTERED SPOUSAL WAIVER APPLICATIONS- Section 216(c)(4) of such Act (8 U.S.C. 1186a(c)(4)) is amended by adding at the end the following: ‘In acting on an application under this paragraph, the Attorney General may not require that the application be supported by an evaluation of a licensed mental health professional, but must consider and evaluate all evidence submitted. Once it has been determined that an applicant is an abused alien family member, the Attorney General shall grant the member’s application.’.

      (2) APPLICATIONS FOR STAY OF DEPORTATION AND WORK AUTHORIZATION- Section 244B of such Act, as inserted by subsection (d)(1), is amended by adding at the end the following new subsection:

    ‘(c) The last two sentences of section 216(c)(4) shall apply to applications for relief under this section in the same manner as it applies to relief under section 216(c)(4).’.

    (g) Due Process Rights Relating to Denials of Applications by Abused Alien Family Members-

      (1) BATTERED SPOUSAL WAIVER APPLICANTS- Section 216(d) of such Act (8 U.S.C. 1186a(d)) is amended by adding at the end the following new paragraph:

      ‘(4) DUE PROCESS RIGHTS FOR BATTERED SPOUSE WAIVER APPLICANTS- The Attorney General shall not deny an application under subparagraph (B) or (C) of subsection (c)(4) unless the applicant has had an opportunity to present any evidence and witnesses in support of the application and to confront any adverse evidence at a hearing convened solely for the purpose of establishing the facts described in the respective subparagraph.’.

      (2) RIGHT OF REVIEW FOR ABUSED ALIEN FAMILY MEMBERS IN DEPORTATION AND EXCLUSION PROCEEDINGS- (A) Section 242 of such Act (8 U.S.C. 1252) is amended by adding at the end the following new subsection:

    ‘(j) Any abused alien family member whose petition or application was denied or revoked under section 204, 205, 244B, or 245 may request a review of such determination in a proceeding to exclude the alien under section 236 or to deport the alien under this section. Any such review shall be in addition to any other review provided by regulation or statute.’.

    (h) Effective Dates-

      (1) IN GENERAL- Except as otherwise provided in this subsection, the amendments made by this section shall take effect on the date of the enactment of this Act.

      (2) CONVERSION OF CURRENT PETITIONS- Any petition for classification under subparagraph (A) or (B) of section 204(a)(1) of the Immigration and Nationality Act filed on a date before the date of the enactment of this Act for the benefit of an alien shall be deemed to be a petition filed by such alien on such date under section 204(a)(1)(A) of such Act (as amended by this section).

      (3) SURVIVAL RIGHTS- The amendments made by subsection (c) shall apply to legal terminations of marriages that occur before, on, or after the date of the enactment of this Act.

      (4) EVIDENCE AND DUE PROCESS- The amendments made by subsections (f) and (g)(1) shall apply to applications made before, on, or after the date of the enactment of this Act.

      (5) RIGHT TO REVIEW IN DEPORTATION AND EXCLUSIONS- The amendment made by subsection (g)(2) shall apply to deportation proceedings in which a final order has not been entered before the date of the enactment of this Act.

Subtitle D--Confidentiality for Abused Persons

SEC. 261. CONFIDENTIALITY FOR ABUSED PERSONS.

    No later than 90 days after the enactment of this Act, the Postmaster General shall promulgate regulations to secure the confidentiality of abused persons’ addresses or otherwise prohibit the disclosure of an abused person’s address consistent with the following:

      (1) Confidentiality shall be provided upon the presentation to an appropriate postal official of an existing and valid court order for the protection of an abused spouse, or upon an affidavit containing a statement that an address or organization is a domestic violence shelter or service provider and a letter from the State coalition for domestic violence in that State confirming such statement.

      (2) Disclosure of addresses to State or Federal agencies for legitimate law enforcement or other governmental purposes shall not be prohibited.

      (3) Compilations of addresses existing at the time the order is presented to an appropriate postal official shall be excluded from the scope of the proposed regulations.

TITLE III--CIVIL RIGHTS

SEC. 301. CIVIL RIGHTS.

    (a) FINDINGS- The Congress finds that--

      (1) crimes motivated by the victim’s gender constitute bias crimes in violation of the victim’s right to be free from discrimination on the basis of gender;

      (2) current law provides a civil rights remedy for gender crimes committed in the workplace, but not for gender crimes committed on the street or in the home; and

      (3) State and Federal criminal laws do not adequately protect against the bias element of gender crimes, which separates these crimes from acts of random violence, nor do they adequately provide victims the opportunity to vindicate their interests.

    (b) RIGHTS- All individuals within the United States, and the special maritime and territorial jurisdiction of the United States, shall have the right to be free from crimes of violence motivated by the victim’s gender.

    (c) CLAIM- Any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives an individual of the right secured by subsection (b) shall be liable to the individual injured, in a civil action, for compensatory damages, punitive damages, injunctive relief, declaratory relief, or any combination thereof.

    (d) Limitation, Procedure, and Rule of Construction-

      (1) LIMITATION- Nothing in this section entitles an individual to a claim under subsection (c) for random acts of violence unrelated to gender or for acts that cannot be demonstrated, by a preponderance of the evidence, to be motivated by gender.

      (2) NO PRIOR CRIMINAL ACTION- Nothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the necessary elements of a claim under subsection (c).

      (3) RULE OF CONSTRUCTION- Neither section 1367 of title 28 of the United States Code nor subsection (c) of this section shall be construed, by reason of a claim arising under such subsection, to confer on the courts of the United States jurisdiction of any State law claim seeking the establishment of a divorce, alimony, or child custody decree.

    (e) DEFINITIONS- For purposes of this section--

      (1) the term ‘crime of violence motivated by the victim’s gender’ means--

        (A) a crime of violence that is rape (excluding conduct that is characterized as rape solely by virtue of the ages of the participants), sexual assault, sexual abuse, or abusive sexual contact; or

        (B) any other crime of violence committed because of the gender, or on the basis of gender, of the victim;

      (2) the term ‘crime of violence’ means--

        (A) a State or Federal offense that--

          (i) is of a kind described in section 16 of title 18, United States Code; and

          (ii) may be punished by a maximum term of imprisonment exceeding one year; or

        (B) any action taken that would constitute such offense but for the relationship between the person who takes such action and the individual against whom such action is taken;

      whether or not such offense or such action results in criminal charges, prosecution, or conviction; and

      (3) the term ‘special maritime and territorial jurisdiction of the United States’ has the meaning given such term in section 7 of title 18, United States Code.

    (f) LIMITATION ON REMOVAL- Section 1445 of title 28, United States Code, is amended by adding at the end the following:

    ‘(d) A civil action in any State court arising under section 301 of Violence Against Women Act of 1993 may not be removed to any district court of the United States.’.

TITLE IV--EQUAL JUSTICE FOR WOMEN IN THE COURTS

Subtitle A--New Evidentiary Rules

SEC. 401. INTERLOCUTORY APPEAL.

    Rule 412 of the Federal Rules of Evidence is amended by adding at the end the following:

    ‘(e) INTERLOCUTORY APPEAL- Notwithstanding any other law, any evidentiary rulings made pursuant to this rule are subject to interlocutory appeal by the government.’.

SEC. 402. SEXUAL HISTORY IN ALL CIRMINAL CASES.

The Federal Rules of Evidence are amended by inserting after rule 412 the following new rule:

‘Rule 412A. Evidence of victim’s past behavior in other criminal cases

    ‘(a) Notwithstanding any other provision of law, in a criminal case, other than a sex offense case governed by rule 412, reputation or opinion evidence of the past sexual behavior of an alleged victim is not admissible.

    ‘(b) Notwithstanding any other provision of law, in a criminal case, other than a sex offense case governed by rule 412, evidence of an alleged victim’s past sexual behavior (other than reputation and opinion evidence) may be admissible if--

      ‘(1) the evidence is admitted in accordance with the procedures specified in subdivision (c); and

      ‘(2) the probative value of the evidence outweighs the danger of unfair prejudice.

    ‘(c)(1) If the defendant intends to offer evidence of specific instances of the alleged victim’s past sexual behavior, the defendant shall make a written motion to offer such evidence not later than 15 days before the date on which the trial in which such evidence is to be offered is scheduled to begin, except that the court may allow the motion to be made at a later date, including during trial, if the court determines either that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence or that the issue to which such evidence relates has newly arisen in the case. Any motion made under this paragraph shall be served on all other parties and on the alleged victim.

    ‘(2) The motion described in paragraph (1) shall be accompanied by a written offer of proof. If necessary, the court shall order a hearing in chambers to determine if such evidence is admissible. At such hearing, the parties may call witnesses, including the alleged victim and offer relevant evidence. Notwithstanding subdivision (b) of rule 104, if the relevancy of the evidence which the defendant seeks to offer in the trial depends upon the fulfillment of a condition of fact, the court, at the hearing in chambers or at a subsequent hearing in chambers scheduled for such purpose, shall accept evidence on the issue of whether such condition of fact is fulfilled and shall determine such issue.

    ‘(3) If the court determines on the basis of the hearing described in paragraph (2) that the evidence that the defendant seeks to offer is relevant and that the probative value of such evidence outweighs the danger of unfair prejudice such evidence shall be admissible in the trial to the extent an order made by the court specifies the evidence which may be offered and areas with respect to which the alleged victim may be examined or cross-examined. In its order, the court should consider (A) the chain of reasoning leading to its finding of relevance, and (B) why the probative value of the evidence outweighs the danger of unfair prejudice given the potential of the evidence to humiliate and embarrass the alleged victim and to result in unfair or biased jury inferences.’.

SEC. 403. SEXUAL HISTORY IN CIVIL CASES.

    The Federal Rules of Evidence, as amended by section 402 of this Act, are amended by adding after rule 412A the following new rule:

‘Rule 412B. Evidence of past sexual behavior in civil cases

    ‘(a) Notwithstanding any other provision of law, in a civil case in which a defendant is accused of actionable sexual misconduct, as defined in subdivision (d), reputation or opinion evidence of the plaintiff’s past sexual behavior is not admissible.

    ‘(b) Notwithstanding any other provision of law, in a civil case in which a defendant is accused of actionable sexual misconduct, as defined in subdivision (d), evidence of a plaintiff’s past sexual behavior other than reputation or opinion evidence may be admissible if--

      ‘(1) admitted in accordance with the procedures specified in subdivision (c); and

      ‘(2) the probative value of such evidence outweighs the danger of unfair prejudice.

    ‘(c)(1) If the defendant intends to offer evidence of specific instances of the plaintiff’s past sexual behavior, the defendant shall make a written motion to offer such evidence not later than 15 days before the date on which the trial in which such evidence is to be offered is scheduled to begin, except that the court may allow the motion to be made at a later date, including during trial, if the court determines either that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence or that the issue to which such evidence relates has newly arisen in the case. Any motion made under this paragraph shall be served on all other parties and on the plaintiff.

    ‘(2) The motion described in paragraph (1) shall be accompanied by a written offer of proof. If necessary, the court shall order a hearing in chambers to determine if such evidence is admissible. At such hearing, the parties may call witnesses, including the plaintiff and offer relevant evidence. Notwithstanding subdivision (b) of rule 104, if the relevancy of the evidence which the defendant seeks to offer in the trial depends upon the fulfillment of a condition of fact, the court, at the hearing in chambers or at a subsequent hearing in chambers scheduled for such purpose, shall accept evidence on the issue of whether such condition of fact is fulfilled and shall determine such issue.

    ‘(3) If the court determines on the basis of the hearing described in paragraph (2) that the evidence that the defendant seeks to offer is relevant and that the probative value of such evidence outweighs the danger of unfair prejudice, such evidence shall be admissible in the trial to the extent an order made by the court specifies evidence which may be offered and areas with respect to which the plaintiff may be examined or cross-examined. In its order, the court should consider (A) the chain of reasoning leading to its finding of relevance, and (B) why the probative value of the evidence outweighs the danger of unfair prejudice given the potential of the evidence to humiliate and embarrass the alleged victim and to result in unfair or biased jury inferences.

    ‘(d) For purposes of this rule, a case involving a claim of actionable sexual misconduct, includes, but is not limited to, sex harassment or discrimination claims brought under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000(e)) and claims under section 301 of the Violence Against Women Act of 1993.’.

SEC. 404. EVIDENCE OF CLOTHING.

    The Federal Rules of Evidence, as amended by sections 402 and 403 of this Act, are amended by adding after rule 412B the following new rule:

‘Rule 413. Evidence of victim’s clothing as inciting violence

    ‘Notwithstanding any other provision of law, in a criminal case in which a person is accused of an offense under chapter 109A of title 18, United States Code, evidence of an alleged victim’s clothing is not admissible to show that the alleged victim incited or invited the offense charged.’.

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

SEC. 411. 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 the victim’s gender.

SEC. 412. 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;

      (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; and

      (20) current information on the impact of pornography on crimes against women, or data on other activities that tend to degrade women.

SEC. 413. 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. 414. 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 C--Education and Training for Judges and Court Personnel in Federal Courts

SEC. 421. 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 shall 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 and parole;

      (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; and

      (11) the aspects of the topics listed in section 403 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. 422. 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 421(a), to be available until expended through fiscal year 1994;

      (2) $100,000 to the Federal Judicial Center to carry out section 421(c) and any activities designated by the Judicial Conference under section 421(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 421(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.