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S. 11 (103rd): Violence Against Women Act of 1993

The text of the bill below is as of Sep 10, 1993 (Reported by Senate Committee).


S 11 RS

Calendar No. 195

103d CONGRESS

1st Session

S. 11

[Report No. 103-138]

To combat violence and crimes against women on the streets and in homes.

IN THE SENATE OF THE UNITED STATES

JANUARY 21 (legislative day, JANUARY 5), 1993

Mr. BIDEN (for himself, Mrs. BOXER, Mr. COHEN, Mr. KENNEDY, Mr. KOHL, Mr. BOREN, Mr. AKAKA, Mr. GLENN, Mr. GRAHAM, Mr. HOLLINGS, Mr. JOHNSTON, Mr. LIEBERMAN, Mr. SARBANES, Mr. SHELBY, Mr. ROCKEFELLER, Mr. ROBB, Mr. WARNER, Mr. PELL, Mr. SIMON, Mr. MOYNIHAN, Mr. BRADLEY, Mr. WELLSTONE, Mr. BREAUX, Mr. HARKIN, Mr. LEVIN, Mr. HATFIELD, Mr. DECONCINI, Mr. REID, Mr. CAMPBELL, Mr. RIEGLE, Mr. BRYAN, Mr. KERRY, Mr. DODD, Mr. CONRAD, Mr. BAUCUS, Mr. D’AMATO, Mr. DURENBERGER, Mr. LEAHY, Ms. MOSELEY-BRAUN, Ms. MURRAY, Mr. LAUTENBERG, Mr. INOUYE, Mr. KERREY, Mr. SPECTER, Mr. MITCHELL, Ms. MIKULSKI, Mr. KRUEGER, Mr. DASCHLE, Mr. BUMPERS, Mr. WOFFORD, Mrs. FEINSTEIN, Mr. EXON, Mr. MATHEWS, Mr. FORD, Mr. JEFFORDS, Mr. DORGAN, Mr. PRYOR, Mr. PACKWOOD, Mr. METZENBAUM, Mr. PRESSLER, Mr. HATCH, Mr. BURNS, Mr. BINGAMAN, Mr. HUTCHISON, and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

September 10 (legislative day, SEPTEMBER 7), 1993

Reported by Mr. BIDEN, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

To combat violence and crimes against women on the streets and in homes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Violence Against Women Act of 1993’. [<-Struck out]

[Struck out->] SEC. 2. TABLE OF CONTENTS. [<-Struck out]

      [Struck out->] Sec. 1. Short title. [<-Struck out]

      [Struck out->] Sec. 2. Table of contents. [<-Struck out]

[Struck out->] TITLE I--SAFE STREETS FOR WOMEN [<-Struck out]

      [Struck out->] Sec. 101. Short title. [<-Struck out]

[Struck out->] Subtitle A--Federal Penalties for Sex Crimes [<-Struck out]

      [Struck out->] Sec. 111. Repeat offenders. [<-Struck out]

      [Struck out->] Sec. 112. Federal penalties. [<-Struck out]

      [Struck out->] Sec. 113. Mandatory restitution for sex crimes. [<-Struck out]

      [Struck out->] Sec. 114. Authorization for Federal victim’s counselors. [<-Struck out]

[Struck out->] Subtitle B--Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women [<-Struck out]

      [Struck out->] Sec. 121. Grants to combat violent crimes against women. [<-Struck out]

[Struck out->] Subtitle C--Safety for Women in Public Transit and Public Parks [<-Struck out]

      [Struck out->] Sec. 131. Grants for capital improvements to prevent crime in public transportation. [<-Struck out]

      [Struck out->] Sec. 132. Grants for capital improvements to prevent crime in national parks. [<-Struck out]

      [Struck out->] Sec. 133. Grants for capital improvements to prevent crime in public parks. [<-Struck out]

[Struck out->] Subtitle D--National Commission on Violence Against Women [<-Struck out]

      [Struck out->] Sec. 141. Establishment. [<-Struck out]

      [Struck out->] Sec. 142. Duties of Commission. [<-Struck out]

      [Struck out->] Sec. 143. Membership. [<-Struck out]

      [Struck out->] Sec. 144. Reports. [<-Struck out]

      [Struck out->] Sec. 145. Executive director and staff. [<-Struck out]

      [Struck out->] Sec. 146. Powers of Commission. [<-Struck out]

      [Struck out->] Sec. 147. Authorization of appropriations. [<-Struck out]

      [Struck out->] Sec. 148. Termination. [<-Struck out]

[Struck out->] Subtitle E--New Evidentiary Rules [<-Struck out]

      [Struck out->] Sec. 151. Sexual history in all criminal cases. [<-Struck out]

      [Struck out->] Sec. 152. Sexual history in civil cases. [<-Struck out]

      [Struck out->] Sec. 153. Amendments to rape shield law. [<-Struck out]

      [Struck out->] Sec. 154. Evidence of clothing. [<-Struck out]

[Struck out->] Subtitle F--Assistance to Victims of Sexual Assault [<-Struck out]

      [Struck out->] Sec. 161. Education and prevention grants to reduce sexual assaults against women. [<-Struck out]

      [Struck out->] Sec. 162. Rape exam payments. [<-Struck out]

      [Struck out->] Sec. 163. Education and prevention grants to reduce sexual abuse of female runaway, homeless, and street youth. [<-Struck out]

      [Struck out->] Sec. 164. Victim’s right of allocution in sentencing. [<-Struck out]

[Struck out->] TITLE II--SAFE HOMES FOR WOMEN [<-Struck out]

      [Struck out->] Sec. 201. Short title. [<-Struck out]

[Struck out->] Subtitle A--Family Violence Prevention and Services Act Amendments [<-Struck out]

      [Struck out->] Sec. 211. Grants for a national domestic violence hotline. [<-Struck out]

[Struck out->] Subtitle B--Interstate Enforcement [<-Struck out]

      [Struck out->] Sec. 221. Interstate enforcement. [<-Struck out]

[Struck out->] Subtitle C--Arrest in Spousal Abuse Cases [<-Struck out]

      [Struck out->] Sec. 231. Encouraging arrest policies. [<-Struck out]

[Struck out->] Subtitle D--Funding for Shelters [<-Struck out]

      [Struck out->] Sec. 241. Authorization of appropriations. [<-Struck out]

[Struck out->] Subtitle E--Family Violence Prevention and Services Act Amendments [<-Struck out]

      [Struck out->] Sec. 251. Grantee reporting. [<-Struck out]

[Struck out->] Subtitle F--Youth Education and Domestic Violence [<-Struck out]

      [Struck out->] Sec. 261. Educating youth about domestic violence. [<-Struck out]

[Struck out->] Subtitle G--Confidentiality for Abused Persons [<-Struck out]

      [Struck out->] Sec. 271. Confidentiality of abused person’s address. [<-Struck out]

[Struck out->] Subtitle H--Technical Amendments [<-Struck out]

      [Struck out->] Sec. 281. State domestic violence coalitions. [<-Struck out]

[Struck out->] Subtitle I--Data and Research [<-Struck out]

      [Struck out->] Sec. 291. Report on recordkeeping. [<-Struck out]

      [Struck out->] Sec. 292. Research agenda. [<-Struck out]

      [Struck out->] Sec. 293. State databases. [<-Struck out]

      [Struck out->] Sec. 294. Number and cost of injuries. [<-Struck out]

[Struck out->] TITLE III--CIVIL RIGHTS [<-Struck out]

      [Struck out->] Sec. 301. Short title. [<-Struck out]

      [Struck out->] Sec. 302. Civil rights. [<-Struck out]

      [Struck out->] Sec. 303. Attorney’s fees. [<-Struck out]

      [Struck out->] Sec. 304. Sense of the Senate concerning protection of the privacy of rape victims. [<-Struck out]

[Struck out->] TITLE IV--SAFE CAMPUSES FOR WOMEN [<-Struck out]

      [Struck out->] Sec. 401. Authorization of appropriations. [<-Struck out]

[Struck out->] TITLE V--EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT [<-Struck out]

      [Struck out->] Sec. 501. Short title. [<-Struck out]

[Struck out->] Subtitle A--Education and Training for Judges and Court Personnel in State Courts [<-Struck out]

      [Struck out->] Sec. 511. Grants authorized. [<-Struck out]

      [Struck out->] Sec. 512. Training provided by grants. [<-Struck out]

      [Struck out->] Sec. 513. Cooperation in developing programs in making grants under this title. [<-Struck out]

      [Struck out->] Sec. 514. Authorization of appropriations. [<-Struck out]

[Struck out->] Subtitle B--Education and Training for Judges and Court Personnel in Federal Courts [<-Struck out]

      [Struck out->] Sec. 521. Authorizations of circuit studies; education and training grants. [<-Struck out]

      [Struck out->] Sec. 522. Authorization of appropriations. [<-Struck out]

[Struck out->]

TITLE I--SAFE STREETS FOR WOMEN

[<-Struck out]

[Struck out->] SEC. 101. SHORT TITLE. [<-Struck out]

    [Struck out->] This title may be cited as the ‘Safe Streets for Women Act of 1993’. [<-Struck out]

[Struck out->]

Subtitle A--Federal Penalties for Sex Crimes

[<-Struck out]

[Struck out->] SEC. 111. REPEAT OFFENDERS. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Chapter 109A of title 18, United States Code, is amended by adding at the end the following new section: [<-Struck out]

[Struck out->]
‘Sec. 2247. Repeat offenders [<-Struck out]

    [Struck out->]
    ‘Any person who violates a provision of this chapter, after one or more prior convictions for an offense punishable under this chapter, or after one or more prior convictions under the laws of any State or foreign country relating to aggravated sexual abuse, sexual abuse, or abusive sexual contact, is punishable by a term of imprisonment up to twice that otherwise authorized.’. [<-Struck out]

    [Struck out->] (b) CHAPTER ANALYSIS- The chapter analysis for chapter 109A of title 18, United States Code, is amended by adding at the end the following new item: [<-Struck out]

      [Struck out->]
      ‘2247. Repeat offenders.’. [<-Struck out]

[Struck out->] SEC. 112. FEDERAL PENALTIES. [<-Struck out]

    [Struck out->] (a) RAPE AND AGGRAVATED RAPE- Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend its sentencing guidelines to provide that a defendant convicted of aggravated sexual abuse under section 2241 of title 18, United States Code, or sexual abuse under section 2242 of title 18, United States Code, shall be assigned a base offense level under chapter 2 of the sentencing guidelines that is at least 4 levels greater than the base offense level applicable to criminal sexual abuse under the guidelines in effect on November 1, 1992, or otherwise shall amend the guidelines applicable to such offenses so as to achieve a comparable minimum guideline sentence. In amending such guidelines, the Sentencing Commission shall review the appropriateness of existing specific offense characteristics or other adjustments applicable to such offenses, and make such changes as it deems appropriate, taking into account the severity of rape offenses, with or without aggravating factors; the unique nature and duration of the mental injuries inflicted on the victims of such offenses; and any other relevant factors. [<-Struck out]

    [Struck out->] (b) EFFECT OF AMENDMENT- If the sentencing guidelines are amended after the effective date of this section, the Sentencing Commission shall implement the instructions set forth in subsection (a) so as to achieve a comparable result. [<-Struck out]

[Struck out->] SEC. 113. MANDATORY RESTITUTION FOR SEX CRIMES. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Chapter 109A of title 18, United States Code, is amended by adding at the end thereof the following: [<-Struck out]

[Struck out->]
‘Sec. 2248. Mandatory restitution [<-Struck out]

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

    [Struck out->]
    ‘(b) SCOPE AND NATURE OF ORDER- (1) The order of restitution under this section shall direct that-- [<-Struck out]

      [Struck out->]
      ‘(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court, pursuant to paragraph (2); and [<-Struck out]

      [Struck out->]
      ‘(B) the United States Attorney enforce the restitution order by all available and reasonable means. [<-Struck out]

    [Struck out->]
    ‘(2) For purposes of this subsection, the term ‘full amount of the victim’s losses’ includes any costs incurred by the victim for-- [<-Struck out]

      [Struck out->]
      ‘(A) medical services relating to physical, psychiatric, or psychological care; [<-Struck out]

      [Struck out->]
      ‘(B) physical and occupational therapy or rehabilitation; [<-Struck out]

      [Struck out->]
      ‘(C) necessary transportation, temporary housing, and child care expenses; [<-Struck out]

      [Struck out->]
      ‘(D) lost income; [<-Struck out]

      [Struck out->]
      ‘(E) attorneys’ fees, expert witness and investigators’ fees, interpretive services, and court costs; and [<-Struck out]

      [Struck out->]
      ‘(F) any other losses suffered by the victim as a proximate result of the offense. [<-Struck out]

    [Struck out->]
    ‘(3) Restitution orders under this section are mandatory. A court may not decline to issue an order under this section because of-- [<-Struck out]

      [Struck out->]
      ‘(A) the economic circumstances of the defendant; or [<-Struck out]

      [Struck out->]
      ‘(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. [<-Struck out]

    [Struck out->]
    ‘(4)(A) 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. [<-Struck out]

    [Struck out->]
    ‘(B) For purposes of this paragraph, the term ‘economic circumstances’ includes-- [<-Struck out]

      [Struck out->]
      ‘(i) the financial resources and other assets of the defendant; [<-Struck out]

      [Struck out->]
      ‘(ii) projected earnings, earning capacity, and other income of the defendant; and [<-Struck out]

      [Struck out->]
      ‘(iii) any financial obligations of the defendant, including obligations to dependents. [<-Struck out]

    [Struck out->]
    ‘(C) 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. [<-Struck out]

    [Struck out->]
    ‘(D) 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 for the victim’s other losses before any restitution is paid to any other provider of compensation. [<-Struck out]

    [Struck out->]
    ‘(5) 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-- [<-Struck out]

      [Struck out->]
      ‘(A) any Federal civil proceeding; and [<-Struck out]

      [Struck out->]
      ‘(B) any State civil proceeding, to the extent provided by the law of the State. [<-Struck out]

    [Struck out->]
    ‘(c) PROOF OF CLAIM- (1) Within 60 days after conviction and, in any event, no later than 10 days prior to sentencing, the United States Attorney (or the United States 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 United States Attorney’s delegee) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the United States Attorney’s delegee) shall advise the victim that the victim may file a separate affidavit and shall provide the victim with an affidavit form which may be used to do so. [<-Struck out]

    [Struck out->]
    ‘(2) 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 the United States Attorney’s delegee) to submit further affidavits or other supporting documents, demonstrating the victim’s losses. [<-Struck out]

    [Struck out->]
    ‘(3) 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. [<-Struck out]

    [Struck out->]
    ‘(4) 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 the United States Attorney’s 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. [<-Struck out]

    [Struck out->]
    ‘(d) DEFINITIONS- For purposes of this section, the term ‘victim’ includes the individual harmed 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: Provided, That in no event shall the defendant be named as such representative or guardian.’. [<-Struck out]

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

      [Struck out->]
      ‘2248. Mandatory restitution.’. [<-Struck out]

[Struck out->] SEC. 114. AUTHORIZATION FOR FEDERAL VICTIM’S COUNSELORS. [<-Struck out]

    [Struck out->] There is authorized to be appropriated for fiscal year 1993 $1,500,000 for the United States Attorneys for the purpose of appointing Victim/Witness Counselors for the prosecution of sex crimes and domestic violence crimes where applicable (such as the District of Columbia). [<-Struck out]

[Struck out->]

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

[<-Struck out]

[Struck out->] SEC. 121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN. [<-Struck out]

    [Struck out->] (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-- [<-Struck out]

      [Struck out->] (1) redesignating part P as part Q; [<-Struck out]

      [Struck out->] (2) redesignating section 1601 as section 1701; and [<-Struck out]

      [Struck out->] (3) adding after part O the following new part: [<-Struck out]

[Struck out->]
‘Part N--Grants To Combat Violent Crimes Against Women [<-Struck out]

[Struck out->]
‘SEC. 1601. PURPOSE OF THE PROGRAM AND GRANTS. [<-Struck out]

    [Struck out->]
    ‘(a) GENERAL PROGRAM PURPOSE- The purpose of this part is to assist States, Indian tribes, cities, and other localities to develop effective law enforcement and prosecution strategies to combat violent crimes against women and, in particular, to focus efforts on those areas with the highest rates of violent crime against women. [<-Struck out]

    [Struck out->]
    ‘(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-- [<-Struck out]

      [Struck out->]
      ‘(1) training law enforcement officers and prosecutors to more effectively identify and respond to violent crimes against women, including the crimes of sexual assault and domestic violence; [<-Struck out]

      [Struck out->]
      ‘(2) developing, training, or expanding units of law enforcement officers and prosecutors specifically targeting violent crimes against women, including the crimes of sexual assault and domestic violence; [<-Struck out]

      [Struck out->]
      ‘(3) developing and implementing police and prosecution policies, protocols, or orders specifically devoted to identifying and responding to violent crimes against women, including the crimes of sexual assault and domestic violence; [<-Struck out]

      [Struck out->]
      ‘(4) developing, installing, or expanding data collection systems, including computerized systems, linking police, prosecutors, and courts or for the purpose of identifying and tracking arrests, prosecutions, and convictions for the crimes of sexual assault and domestic violence; and [<-Struck out]

      [Struck out->]
      ‘(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 the crimes of sexual assault and domestic violence. [<-Struck out]

[Struck out->]
‘Subpart 1--High Intensity Crime Area Grants [<-Struck out]

[Struck out->]
‘SEC. 1611. HIGH INTENSITY GRANTS. [<-Struck out]

    [Struck out->]
    ‘(a) IN GENERAL- The Director of the Bureau of Justice Assistance (referred to in this part as the ‘Director’) shall make grants to areas of ‘high intensity crime’ against women. [<-Struck out]

    [Struck out->]
    ‘(b) DEFINITION- For purposes of this part, ‘high intensity crime area’ means an area with one of the 40 highest rates of violent crime against women, as determined by the Bureau of Justice Statistics pursuant to section 1612. [<-Struck out]

[Struck out->]
‘SEC. 1612. HIGH INTENSITY GRANT APPLICATION. [<-Struck out]

    [Struck out->]
    ‘(a) COMPUTATION- Within 45 days after the date of enactment of this part, the Bureau of Justice Statistics shall compile a list of the 40 areas with the highest rates of violent crime against women based on the combined female victimization rate per population for assault, sexual assault (including, but not limited to, rape), murder, robbery, and kidnapping (without regard to the relationship between the crime victim and the offenders). [<-Struck out]

    [Struck out->]
    ‘(b) USE OF DATA- In calculating the combined female victimization rate required by subsection (a), the Bureau of Justice Statistics may rely on-- [<-Struck out]

      [Struck out->]
      ‘(1) existing data collected by States, municipalities, Indian reservations or statistical metropolitan areas showing the number of police reports of the crimes listed in subsection (a); and [<-Struck out]

      [Struck out->]
      ‘(2) existing data collected by the Federal Bureau of Investigation, including data from those governmental entities already complying with the National Incident Based Reporting System, showing the number of police reports of crimes listed in subsection (a). [<-Struck out]

    [Struck out->]
    ‘(c) PUBLICATION- After compiling the list set forth in subsection (a), the Bureau of Justice Statistics shall convey it to the Director who shall publish it in the Federal Register. [<-Struck out]

    [Struck out->]
    ‘(d) QUALIFICATION- Upon satisfying the terms of subsection (e), any high intensity crime area shall be qualified for a grant under this subpart upon application by the chief executive officer of the governmental entities responsible for law enforcement and prosecution of criminal offenses within the area and certification that-- [<-Struck out]

      [Struck out->]
      ‘(1) the funds shall be used to reduce the rate of violent crimes against women and for at least 3 of the purposes outlined in section 1601(b); [<-Struck out]

      [Struck out->]
      ‘(2) grantees and subgrantees shall develop a plan for implementation, and otherwise consult and coordinate program grants, with nongovernmental nonprofit victim services programs; and [<-Struck out]

      [Struck out->]
      ‘(3) at least 25 percent of the amount granted shall be allocated, without duplication, to each of the following three areas: prosecution, law enforcement, and victim services. [<-Struck out]

    [Struck out->]
    ‘(e) APPLICATION REQUIREMENTS- The application requirements provided in section 513 of this title shall apply to grants made under this subpart. In addition, each application must provide the certifications required by subsection (d) including documentation from nonprofit nongovernmental victim services programs showing their participation in developing the plan required by subsection (d)(2). Applications shall-- [<-Struck out]

      [Struck out->]
      ‘(1) include documentation from the prosecution, law enforcement, and victim services programs to be assisted showing-- [<-Struck out]

        [Struck out->]
        ‘(A) need for the grant funds; [<-Struck out]

        [Struck out->]
        ‘(B) intended use of the grant funds; [<-Struck out]

        [Struck out->]
        ‘(C) expected results from the use of grant funds; and [<-Struck out]

        [Struck out->]
        ‘(D) demographic characteristics of the population to be served, including age, marital status, disability, race, ethnicity, and language background; and [<-Struck out]

      [Struck out->]
      ‘(2) proof of compliance with the requirements for the payment of forensic medical exams provided in section 162 of this title. [<-Struck out]

    [Struck out->]
    ‘(f) DISBURSEMENT- [<-Struck out]

      [Struck out->]
      ‘(1) No later than 60 days after the receipt of an application under this subpart, the Director shall either disburse the appropriate sums provided for under this subpart or shall inform the applicant why the application does not conform to the terms of section 513 of this title or to the requirements of this section. [<-Struck out]

      [Struck out->]
      ‘(2) In disbursing monies under this subpart, the Director shall issue regulations to ensure that grantees-- [<-Struck out]

        [Struck out->]
        ‘(A) equitably distribute funds on a geographic basis; [<-Struck out]

        [Struck out->]
        ‘(B) determine the amount of subgrants based on the population to be served; [<-Struck out]

        [Struck out->]
        ‘(C) give priority to areas with the greatest showing of need; and [<-Struck out]

        [Struck out->]
        ‘(D) recognize and address the needs of underserved populations. [<-Struck out]

    [Struck out->]
    ‘(g) GRANTEE REPORTING- (1) Upon completion of the grant period under this subpart, the grantee shall file a performance report with the Director explaining the activities carried out together with an assessment of the effectiveness of those activities in achieving the purposes of this part. [<-Struck out]

    [Struck out->]
    ‘(2) A section of the performance report shall be completed by each grantee or subgrantee performing the services contemplated in the grant application, certifying performance of the services under the grants. [<-Struck out]

    [Struck out->]
    ‘(3) The Director shall suspend funding for an approved application if an applicant fails to submit an annual performance report or if funds are expended for purposes other than those set forth under this subpart. Federal funds may be used to supplement, not supplant, State funds. [<-Struck out]

[Struck out->]
‘Subpart 2--Other Grants to States To Combat Violent Crimes Against Women [<-Struck out]

[Struck out->]
‘SEC. 1621. GENERAL GRANTS TO STATES. [<-Struck out]

    [Struck out->]
    ‘(a) GENERAL GRANTS- The Director may 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 1601(b), and to reduce the rate of violent crimes against women. [<-Struck out]

    [Struck out->]
    ‘(b) AMOUNTS- From amounts appropriated, the amount of grants under subsection (a) shall be-- [<-Struck out]

      [Struck out->]
      ‘(1) $500,000 to each State; and [<-Struck out]

      [Struck out->]
      ‘(2) that portion of the then remaining available money to each State that results from a distribution among the States on the basis of each State’s population in relation to the population of all States. [<-Struck out]

    [Struck out->]
    ‘(c) QUALIFICATION- Upon satisfying the terms of subsection (d), any State shall be qualified for funds provided under this part upon certification that-- [<-Struck out]

      [Struck out->]
      ‘(1) the funds shall be used to reduce the rate of violent crimes against women and for at least 3 of the purposes outlined in section 1601(b); [<-Struck out]

      [Struck out->]
      ‘(2) grantees and subgrantees shall develop a plan for implementation, and otherwise consult and coordinate, with nonprofit nongovernmental victim services programs, including sexual assault and domestic violence victim services programs; [<-Struck out]

      [Struck out->]
      ‘(3) at least 25 percent of the amount granted shall be allocated, without duplication, to each of the following three areas: prosecution, law enforcement, and victim services. [<-Struck out]

    [Struck out->]
    ‘(d) APPLICATION REQUIREMENTS- The application requirements provided in section 513 of this title shall apply to grants made under this subpart. In addition, each application shall include the certifications of qualification required by subsection (c) including documentation from nonprofit nongovernmental victim services programs showing their participation in developing the plan required by subsection (c)(2). Applications shall-- [<-Struck out]

      [Struck out->]
      ‘(1) include documentation from the prosecution, law enforcement, and victim services programs to be assisted showing-- [<-Struck out]

        [Struck out->]
        ‘(A) need for the grant funds; [<-Struck out]

        [Struck out->]
        ‘(B) intended use of the grant funds; [<-Struck out]

        [Struck out->]
        ‘(C) expected results from the use of grant funds; and [<-Struck out]

        [Struck out->]
        ‘(D) demographic characteristics of the populations to be served, including age, marital status, disability, race, ethnicity and language background; and [<-Struck out]

      [Struck out->]
      ‘(2) proof of compliance with the requirements for the payment of forensic medical exams provided in section 162 of this title. [<-Struck out]

    [Struck out->]
    ‘(e) DISBURSEMENT- (1) No later than 60 days after the receipt of an application under this subpart, the Director shall either disburse the appropriate sums provided for under this subpart or shall inform the applicant why the application does not conform to the terms of section 513 of this title or to the requirements of this section. [<-Struck out]

    [Struck out->]
    ‘(2) In disbursing monies under this subpart, the Director shall issue regulations to ensure that States will-- [<-Struck out]

      [Struck out->]
      ‘(A) give priority to areas with the greatest showing of need; [<-Struck out]

      [Struck out->]
      ‘(B) determine the amount of subgrants based on the population and geographic area to be served; [<-Struck out]

      [Struck out->]
      ‘(C) equitably distribute monies on a geographic basis including nonurban and rural areas, and giving priority to localities with populations under 100,000; and [<-Struck out]

      [Struck out->]
      ‘(D) recognize and address the needs of underserved populations. [<-Struck out]

    [Struck out->]
    ‘(f) GRANTEE REPORTING- Upon completion of the grant period under this subpart, the State grantee shall file a performance report with the Director explaining the activities carried out together with an assessment of the effectiveness of those activities in achieving the purposes of this subpart. A section of this performance report shall be completed by each grantee and subgrantee that performed the direct services contemplated in the application, certifying performance of direct services under the grant. The Director shall suspend funding for an approved application if an applicant fails to submit an annual performance report or if funds are expended for purposes other than those set forth under this subpart. Federal funds may only be used to supplement, not supplant, State funds. [<-Struck out]

[Struck out->]
‘SEC. 1622. GENERAL GRANTS TO TRIBES. [<-Struck out]

    [Struck out->]
    ‘(a) GENERAL GRANTS- The Director is authorized to make grants to Indian tribes, for use by tribes, tribal organizations or nonprofit nongovernmental victim services programs on Indian reservations, for the purposes outlined in section 1401(b), and to reduce the rate of violent crimes against women in Indian country. [<-Struck out]

    [Struck out->]
    ‘(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. [<-Struck out]

    [Struck out->]
    ‘(c) QUALIFICATION- Upon satisfying the terms of subsection (d), any tribe shall be qualified for funds provided under this part upon certification that-- [<-Struck out]

      [Struck out->]
      ‘(1) the funds shall be used to reduce the rate of violent crimes against women and for at least 3 of the purposes outlined in section 1401(b); [<-Struck out]

      [Struck out->]
      ‘(2) grantees and subgrantees shall develop a plan for implementation, and otherwise consult and coordinate with nonprofit; and [<-Struck out]

      [Struck out->]
      ‘(3) at least 25 percent of the grant funds shall be allocated to each of the following three areas: prosecution, law enforcement, and victim services. [<-Struck out]

    [Struck out->]
    ‘(d) APPLICATION REQUIREMENTS- (1) 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 under section 201 of Public Law 90-284 (25 U.S.C. 1301) or part 11 of title 25, Code of Federal Regulations. [<-Struck out]

    [Struck out->]
    ‘(2) Applications shall be in such form as the Director may prescribe 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 extent to which the program plans to use or incorporate existing victim services available in the Indian country where the grant will be used. [<-Struck out]

    [Struck out->]
    ‘(3) The term of any grant shall be for a minimum of 3 years. [<-Struck out]

    [Struck out->]
    ‘(e) GRANTEE REPORTING- At the end of the first 12 months of the grant period and at the end of each year thereafter, the Indian tribal grantee shall file a performance report with the Director explaining the activities carried out together with an assessment of the effectiveness of those activities in achieving the purposes of this subpart. A section of this performance report shall be completed by each grantee or subgrantee that performed the direct services contemplated in the application, certifying performance of direct services under the grant. The Director shall suspend funding for an approved application if an applicant fails to submit an annual performance report or if funds are expended for purposes other than those set forth under this subpart. Federal funds may only be used to supplement, not supplant, State funds. [<-Struck out]

    [Struck out->]
    ‘(f) DEFINITIONS- (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. [<-Struck out]

    [Struck out->]
    ‘(2) The term ‘Indian country’ has the meaning stated in section 1151 of title 18, United States Code. [<-Struck out]

[Struck out->]
‘Subpart 3--General Terms and Conditions [<-Struck out]

[Struck out->]
‘SEC. 1631. GENERAL DEFINITIONS. [<-Struck out]

    [Struck out->]
    ‘As used in this part-- [<-Struck out]

      [Struck out->]
      ‘(1) the term ‘victim services’ means any nongovernmental nonprofit organization that assists victims, including rape crisis centers, battered women’s shelters, or other rape or domestic violence programs, including nonprofit nongovernmental organizations assisting victims through the legal process; [<-Struck out]

      [Struck out->]
      ‘(2) the term ‘prosecution’ means any public agency charged with direct responsibility for prosecuting criminal offenders, including such agency’s component bureaus (such as governmental victim/witness programs); [<-Struck out]

      [Struck out->]
      ‘(3) the term ‘law enforcement’ means any public agency charged with policing functions, including any of its component bureaus (such as governmental victim services programs); [<-Struck out]

      [Struck out->]
      ‘(4) the term ‘sexual assault’ includes not only assaults committed by offenders who are strangers to the victim but also assaults committed by offenders who are known or related by blood or marriage to the victim; [<-Struck out]

      [Struck out->]
      ‘(5) the term ‘domestic violence’ includes felony or misdemeanor offenses committed by a current or former spouse of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse, a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or committed by any other adult person upon a victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction receiving grant monies; and [<-Struck out]

      [Struck out->]
      ‘(6) the term ‘underserved populations’ includes populations underserved because of geographic location (such as rural isolation), underserved racial or ethnic populations, and populations underserved because of special needs, such as language barriers or physical disabilities. [<-Struck out]

[Struck out->]
‘SEC. 1632. GENERAL TERMS AND CONDITIONS. [<-Struck out]

    [Struck out->]
    ‘(a) NONMONETARY ASSISTANCE- In addition to the assistance provided under subparts 1 or 2, the Director may direct 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) in support of State and local assistance efforts. [<-Struck out]

    [Struck out->]
    ‘(b) BUREAU REPORTING- No 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 Judiciary Committees of the House and the Senate a report that includes, for each high intensity crime area (as provided in subpart 1) and for each State and for each grantee Indian tribe (as provided in subpart 2)-- [<-Struck out]

      [Struck out->]
      ‘(1) the amount of grants made under this part; [<-Struck out]

      [Struck out->]
      ‘(2) a summary of the purposes for which those grants were provided and an evaluation of their progress; [<-Struck out]

      [Struck out->]
      ‘(3) a statistical summary of persons served, detailing the nature of victimization, and providing data on age, sex, relationship of victim to offender, geographic distribution, race, ethnicity, language, and disability; and [<-Struck out]

      [Struck out->]
      ‘(4) a copy of each grantee report filed pursuant to sections 1612(g), 1621(f), and 1622(c). [<-Struck out]

    [Struck out->]
    ‘(c) REGULATIONS- No later than 90 days after the date of enactment of this part, the Director shall publish proposed regulations implementing this part. No later than 120 days after such date, the Director shall publish final regulations implementing this part. [<-Struck out]

    [Struck out->]
    ‘(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for each of fiscal years 1993, 1994, and 1995, $100,000,000 to carry out subpart 1, and $190,000,000 to carry out subpart 2, and $10,000,000 to carry out section 1622 of subpart 2.’. [<-Struck out]

[Struck out->]

Subtitle C--Safety for Women in Public Transit and Public Parks

[<-Struck out]

[Struck out->] SEC. 131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC TRANSPORTATION. [<-Struck out]

    [Struck out->] Section 24 of the Urban Mass Transportation Act of 1964 (49 U.S.C. App. 1620) is amended to read as follows: [<-Struck out]

[Struck out->]
‘GRANTS TO PREVENT CRIME IN PUBLIC TRANSPORTATION [<-Struck out]

    [Struck out->]
    ‘SEC. 24. (a) GENERAL PURPOSE- From funds authorized under section 21, not to exceed $10,000,000, the Secretary shall make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. None of the provisions of this Act may be construed to prohibit the financing of projects under this section where law enforcement responsibilities are vested in a local public body other than the grant applicant. [<-Struck out]

    [Struck out->]
    ‘(b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE, AND SECURITY PHONES- [<-Struck out]

      [Struck out->]
      ‘(1) From the sums authorized for expenditure under this section for crime prevention, the Secretary is authorized to make grants and loans to States and local public bodies or agencies for the purpose of increasing the safety of public transportation by-- [<-Struck out]

        [Struck out->]
        ‘(A) increasing lighting within or adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages; [<-Struck out]

        [Struck out->]
        ‘(B) increasing camera surveillance of areas within and adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages; [<-Struck out]

        [Struck out->]
        ‘(C) providing emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages; or [<-Struck out]

        [Struck out->]
        ‘(D) any other project intended to increase the security and safety of existing or planned public transportation systems. [<-Struck out]

      [Struck out->]
      ‘(2) From the sums authorized under this section, at least 75 percent shall be expended on projects of the type described in subsection (b)(1) (A) and (B). [<-Struck out]

    [Struck out->]
    ‘(c) REPORTING- All grants under this section are contingent upon the filing of a report with the Secretary and the Department of Justice, Office of Victims of Crime, showing crime rates in or adjacent to public transportation before, and for a 1-year period after, the capital improvement. Statistics shall be broken down by type of crime, sex, race, ethnicity, language, and relationship of victim to the offender. [<-Struck out]

    [Struck out->]
    ‘(d) INCREASED FEDERAL SHARE- Notwithstanding any other provision of this Act, the Federal share under this section for each capital improvement project which enhances the safety and security of public transportation systems and which is not required by law (including any other provision of this chapter) shall be 90 percent of the net project cost of such project. [<-Struck out]

    [Struck out->]
    ‘(e) SPECIAL GRANTS FOR PROJECTS TO STUDY INCREASING SECURITY FOR WOMEN- From the sums authorized under this section, the Secretary shall provide grants and loans for the purpose of studying ways to reduce violent crimes against women in public transit through better design or operation of public transit systems. [<-Struck out]

    [Struck out->]
    ‘(f) GENERAL REQUIREMENTS- All grants or loans provided under this section shall be subject to all the terms, conditions, requirements, and provisions applicable to grants and loans made under section 2(a).’. [<-Struck out]

[Struck out->] SEC. 132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN NATIONAL PARKS. [<-Struck out]

    [Struck out->] Public Law 91-383 (commonly known as the National Park System Improvements in Administration Act) (16 U.S.C. 1a-1 et seq.) is amended by adding at the end the following new section: [<-Struck out]

[Struck out->]
‘SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE. [<-Struck out]

    [Struck out->]
    ‘(a) From the sums authorized pursuant to section 7 of the Land and Water Conservation Act of 1965, not to exceed $10,000,000, the Secretary of the Interior may provide Federal assistance to reduce the incidence of violent crime in the National Park System. [<-Struck out]

    [Struck out->]
    ‘(b) The Secretary shall direct the chief official responsible for law enforcement within the National Park Services to-- [<-Struck out]

      [Struck out->]
      ‘(1) compile a list of areas within the National Park System with the highest rates of violent crime; [<-Struck out]

      [Struck out->]
      ‘(2) make recommendations concerning capital improvements, and other measures, needed within the National Park System to reduce the rates of violent crime, including the rate of sexual assault; and [<-Struck out]

      [Struck out->]
      ‘(3) publish the information required by paragraphs (1) and (2) in the Federal Register. [<-Struck out]

    [Struck out->]
    ‘(c) No later than 120 days after the date of enactment of this section, and based on the recommendations and list issued pursuant to subsection (b), the Secretary shall distribute funds throughout the National Park Service. Priority shall be given to those areas with the highest rates of sexual assault. [<-Struck out]

    [Struck out->]
    ‘(d) Funds provided under this section may be used for the following purposes: [<-Struck out]

      [Struck out->]
      ‘(1) To increase lighting within or adjacent to public parks and recreation areas. [<-Struck out]

      [Struck out->]
      ‘(2) To provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to public parks and recreation areas. [<-Struck out]

      [Struck out->]
      ‘(3) To increase security or law enforcement personnel within or adjacent to public parks and recreation areas. [<-Struck out]

      [Struck out->]
      ‘(4) Any other project intended to increase the security and safety of public parks and recreation areas.’. [<-Struck out]

[Struck out->] SEC. 133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC PARKS. [<-Struck out]

    [Struck out->] Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended by adding at the end the following new subsection: [<-Struck out]

    [Struck out->]
    ‘(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE CRIME- In addition to assistance for planning projects, and in addition to the projects identified in subsection (e), and from amounts appropriated, the Secretary shall provide financial assistance to the States, not to exceed $15,000,000 in total, for the following types of projects or combinations thereof: [<-Struck out]

      [Struck out->]
      ‘(1) For the purpose of making capital improvements and other measures to increase safety in urban parks and recreation areas, including funds to-- [<-Struck out]

        [Struck out->]
        ‘(A) increase lighting within or adjacent to public parks and recreation areas; [<-Struck out]

        [Struck out->]
        ‘(B) provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to public parks and recreation areas; [<-Struck out]

        [Struck out->]
        ‘(C) increase security personnel within or adjacent to public parks and recreation areas; and [<-Struck out]

        [Struck out->]
        ‘(D) any other project intended to increase the security and safety of public parks and recreation areas. [<-Struck out]

      [Struck out->]
      ‘(2) In addition to the requirements for project approval imposed by this section, eligibility for assistance under this subsection is dependent upon a showing of need. In providing funds under this subsection, the Secretary shall give priority to those projects proposed for urban parks and recreation areas with the highest rates of crime and, in particular, to urban parks and recreation areas with the highest rates of sexual assault. [<-Struck out]

      [Struck out->]
      ‘(3) Notwithstanding subsection (c), the Secretary may provide 70 percent improvement grants for projects undertaken by any State for the purposes outlined in this subsection. The remaining share of the cost shall be borne by the State.’. [<-Struck out]

[Struck out->]

Subtitle D--National Commission on Violence Against Women

[<-Struck out]

[Struck out->] SEC. 141. ESTABLISHMENT. [<-Struck out]

    [Struck out->] There is established a commission to be known as the National Commission on Violence Against Women (referred to as the ‘Commission’). [<-Struck out]

[Struck out->] SEC. 142. DUTIES OF COMMISSION. [<-Struck out]

    [Struck out->] (a) GENERAL PURPOSE OF THE COMMISSION- The Commission shall carry out activities for the purposes of promoting a national policy on violent crime against women, and for making recommendations for how to reduce violent crime against women. [<-Struck out]

    [Struck out->] (b) FUNCTIONS- The Commission shall-- [<-Struck out]

      [Struck out->] (1) evaluate the adequacy of, and make recommendations regarding, current law enforcement efforts at the Federal and State levels to reduce the rate of violent crimes against women; [<-Struck out]

      [Struck out->] (2) evaluate the adequacy of, and make recommendations regarding, the responsiveness of State prosecutors and State courts to violent crimes against women; [<-Struck out]

      [Struck out->] (3) evaluate the adequacy of, and make recommendations regarding, the adequacy of current education, prevention, and protection services for women victims of violent crime; [<-Struck out]

      [Struck out->] (4) evaluate the adequacy of, and make recommendations regarding, the role of the Federal Government in reducing violent crimes against women; [<-Struck out]

      [Struck out->] (5) evaluate the adequacy of, and make recommendations regarding, national public awareness and the public dissemination of information essential to the prevention of violent crimes against women; [<-Struck out]

      [Struck out->] (6) evaluate the adequacy of, and make recommendations regarding, data collection and government statistics on the incidence and prevalence of violent crimes against women; [<-Struck out]

      [Struck out->] (7) evaluate the adequacy of, and make recommendations regarding, the adequacy of State and Federal laws on sexual assault and the need for a more uniform statutory response to sex offenses, including sexual assaults and other sex offenses committed by offenders who are known or related by blood or marriage to the victim; [<-Struck out]

      [Struck out->] (8) evaluate the adequacy of, and make recommendations regarding, the adequacy of State and Federal laws on domestic violence and the need for a more uniform statutory response to domestic violence; and [<-Struck out]

      [Struck out->] (9) evaluate and make recommendations regarding the feasibility of maintaining the confidentiality of addresses of domestic violence victims in voting, welfare, licensed public utilities, and other public records. [<-Struck out]

[Struck out->] SEC. 143. MEMBERSHIP. [<-Struck out]

    [Struck out->] (a) NUMBER AND APPOINTMENT- [<-Struck out]

      [Struck out->] (1) APPOINTMENT- The Commission shall be composed of 15 members as follows: [<-Struck out]

        [Struck out->] (A) Five members shall be appointed by the President-- [<-Struck out]

          [Struck out->] (i) 3 of whom shall be-- [<-Struck out]

            [Struck out->] (I) the Attorney General; [<-Struck out]

            [Struck out->] (II) the Secretary of Health and Human Services; and [<-Struck out]

            [Struck out->] (III) the Director of the Federal Bureau of Investigation, [<-Struck out]

          [Struck out->] who shall be nonvoting members, except that in the case of a tie vote by the Commission, the Attorney General shall be a voting member; [<-Struck out]

          [Struck out->] (ii) two of whom shall be selected from the general public on the basis of such individuals being specially qualified to serve on the Commission by reason of their education, training, or experience; and [<-Struck out]

          [Struck out->] (iii) at least one of whom shall be selected for their experience in providing services to women victims of sexual assault or domestic violence. [<-Struck out]

        [Struck out->] (B) Five members shall be appointed by the Speaker of the House of Representatives on the joint recommendation of the Majority and Minority Leaders of the House of Representatives. [<-Struck out]

        [Struck out->] (C) Five members shall be appointed by the President pro tempore of the Senate on the joint recommendation of the Majority and Minority Leaders of the Senate. [<-Struck out]

      [Struck out->] (2) CONGRESSIONAL COMMITTEE RECOMMENDATIONS- In making appointments under subparagraphs (B) and (C) of paragraph (1), the Majority and Minority Leaders of the House of Representatives and the Senate shall duly consider the recommendations of the Chairmen and Ranking Minority Members of committees with jurisdiction over laws contained in title 18 of the United States Code. [<-Struck out]

      [Struck out->] (3) REQUIREMENTS OF APPOINTMENTS- The Majority and Minority Leaders of the Senate and the House of Representatives shall-- [<-Struck out]

        [Struck out->] (A) select persons who are specially qualified to serve on the Commission by reason of their experience in State or national efforts to fight violence against women and demonstrate experience in State or national advocacy or service organizations specializing in sexual assault and domestic violence; and [<-Struck out]

        [Struck out->] (B) engage in consultations for the purpose of ensuring that the expertise of the ten members appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate shall provide as much of a balance as possible and, to the greatest extent possible, include representatives from law enforcement, prosecution, judicial administration, legal expertise, public health, social work, victim compensation boards, victim advocacy, and survivors of violence. [<-Struck out]

      [Struck out->] (4) TERM OF MEMBERS- Members of the Commission (other than members appointed under paragraph (1)(A)(i)) shall serve for the life of the Commission. [<-Struck out]

      [Struck out->] (5) VACANCY- A vacancy on the Commission shall be filled in the manner in which the original appointment was made. [<-Struck out]

    [Struck out->] (b) CHAIRMAN- Not later than 15 days after the members of the Commission are appointed, such members shall select a Chairman from among the members of the Commission. [<-Struck out]

    [Struck out->] (c) QUORUM- Seven members of the Commission shall constitute a quorum, but a lesser number may be authorized by the Commission to conduct hearings. [<-Struck out]

    [Struck out->] (d) MEETINGS- The Commission shall hold its first meeting on a date specified by the Chairman, but such date shall not be later than 60 days after the date of the enactment of this Act. After the initial meeting, the Commission shall meet at the call of the Chairman or a majority of its members, but shall meet at least 6 times. [<-Struck out]

    [Struck out->] (e) PAY- Members of the Commission who are officers or employees or elected officials of a government entity shall receive no additional compensation by reason of their service on the Commission. [<-Struck out]

    [Struck out->] (f) PER DIEM- Except as provided in subsection (e), members of the Commission shall be allowed travel and other expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code. [<-Struck out]

    [Struck out->] (g) DEADLINE FOR APPOINTMENT- Not later than 45 days after the date of enactment of this Act, the members of the Commission shall be appointed. [<-Struck out]

[Struck out->] SEC. 144. REPORTS. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Not later than 1 year after the date on which the Commission is fully constituted under section 143, the Commission shall prepare and submit a final report to the President and to congressional committees that have jurisdiction over legislation addressing violent crimes against women, including the crimes of domestic and sexual assault. [<-Struck out]

    [Struck out->] (b) CONTENTS- The final report submitted under paragraph (1) shall contain a detailed statement of the activities of the Commission and of the findings and conclusions of the Commission, including such recommendations for legislation and administrative action as the Commission considers appropriate. [<-Struck out]

[Struck out->] SEC. 145. EXECUTIVE DIRECTOR AND STAFF. [<-Struck out]

    [Struck out->] (a) EXECUTIVE DIRECTOR- [<-Struck out]

      [Struck out->] (1) APPOINTMENT- The Commission shall have an Executive Director who shall be appointed by the Chairman, with the approval of the Commission, not later than 30 days after the Chairman is selected. [<-Struck out]

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

    [Struck out->] (b) STAFF- With the approval of the Commission, 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 Commission. [<-Struck out]

    [Struck out->] (c) APPLICABILITY OF CIVIL SERVICE LAWS- The Executive Director and the additional personnel of the Commission 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. [<-Struck out]

    [Struck out->] (d) CONSULTANTS- Subject to such rules as may be prescribed by the Commission, 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. [<-Struck out]

[Struck out->] SEC. 146. POWERS OF COMMISSION. [<-Struck out]

    [Struck out->] (a) HEARINGS- For the purpose of carrying out this subtitle, the Commission may conduct such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. The Commission may administer oaths before the Commission. [<-Struck out]

    [Struck out->] (b) DELEGATION- Any member or employee of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take under this subtitle. [<-Struck out]

    [Struck out->] (c) ACCESS TO INFORMATION- The Commission may request directly from any executive department or agency such information as may be necessary to enable the Commission to carry out this subtitle, on the request of the Chairman of the Commission. [<-Struck out]

    [Struck out->] (d) MAILS- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. [<-Struck out]

[Struck out->] SEC. 147. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

    [Struck out->] There is authorized to be appropriated to carry out this subtitle $500,000 for fiscal year 1993. [<-Struck out]

[Struck out->] SEC. 148. TERMINATION. [<-Struck out]

    [Struck out->] The Commission shall cease to exist 30 days after the date on which its final report is submitted under section 144. The President may extend the life of the Commission for a period of not to exceed 1 year. [<-Struck out]

[Struck out->]

Subtitle E--New Evidentiary Rules

[<-Struck out]

[Struck out->] SEC. 151. SEXUAL HISTORY IN ALL CRIMINAL CASES. [<-Struck out]

    [Struck out->] The Federal Rules of Evidence are amended by inserting after rule 412 the following new rule: [<-Struck out]

[Struck out->]
‘Rule 412A. Evidence of victim’s past behavior in other criminal cases [<-Struck out]

    [Struck out->]
    ‘(a) REPUTATION AND OPINION EVIDENCE EXCLUDED- Notwithstanding any other 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. [<-Struck out]

    [Struck out->]
    ‘(b) ADMISSIBILITY- Notwithstanding any other 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-- [<-Struck out]

      [Struck out->]
      ‘(1) the evidence is admitted in accordance with the procedures specified in subdivision (c); and [<-Struck out]

      [Struck out->]
      ‘(2) the probative value of the evidence outweighs the danger of unfair prejudice. [<-Struck out]

    [Struck out->]
    ‘(c) PROCEDURES- (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. [<-Struck out]

    [Struck out->]
    ‘(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 the 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. [<-Struck out]

    [Struck out->]
    ‘(3) If the court determines on the basis of the hearing described in paragraph (2), that the evidence the defendant seeks to offer is relevant, not excluded by any other evidentiary rule, 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.’. [<-Struck out]

[Struck out->] SEC. 152. SEXUAL HISTORY IN CIVIL CASES. [<-Struck out]

    [Struck out->] The Federal Rules of Evidence, as amended by section 151, are amended by adding after rule 412A the following new rule: [<-Struck out]

[Struck out->]
‘Rule 412B. Evidence of past sexual behavior in civil cases [<-Struck out]

    [Struck out->]
    ‘(a) REPUTATION AND OPINION EVIDENCE EXCLUDED- Notwithstanding any other law, in a civil case in which a defendant is accused of actionable sexual misconduct, reputation or opinion evidence of the plaintiff’s past sexual behavior is not admissible. [<-Struck out]

    [Struck out->]
    ‘(b) ADMISSIBLE EVIDENCE- Notwithstanding any other law, in a civil case in which a defendant is accused of actionable sexual misconduct, evidence of a plaintiff’s past sexual behavior other than reputation or opinion evidence may be admissible if-- [<-Struck out]

      [Struck out->]
      ‘(1) it is admitted in accordance with the procedures specified in subdivision (c); and [<-Struck out]

      [Struck out->]
      ‘(2) the probative value of the evidence outweighs the danger of unfair prejudice. [<-Struck out]

    [Struck out->]
    ‘(c) PROCEDURES- (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. [<-Struck out]

    [Struck out->]
    ‘(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 the 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 that 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 the purpose, shall accept evidence on the issue of whether the condition of fact is fulfilled and shall determine such issue. [<-Struck out]

    [Struck out->]
    ‘(3) If the court determines on the basis of the hearing described in paragraph (2) that the evidence the defendant seeks to offer is relevant and not excluded by any other evidentiary rule, and that the probative value of the evidence outweighs the danger of unfair prejudice, the evidence shall be admissible in the trial to the extent an order made by the court specifies evidence that may be offered and areas with respect to which the plaintiff may be examined or cross-examined. In its order, the court should consider-- [<-Struck out]

      [Struck out->]
      ‘(A) the chain of reasoning leading to its finding of relevance; and [<-Struck out]

      [Struck out->]
      ‘(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. [<-Struck out]

    [Struck out->]
    ‘(d) DEFINITIONS- For purposes of this rule, a case involving a claim of actionable sexual misconduct, includes sexual harassment or sex discrimination claims brought pursuant to title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000(e)) and gender bias claims brought pursuant to title III of the Violence Against Women Act of 1993.’. [<-Struck out]

[Struck out->] SEC. 153. AMENDMENTS TO RAPE SHIELD LAW. [<-Struck out]

    [Struck out->] Rule 412 of the Federal Rules of Evidence is amended-- [<-Struck out]

      [Struck out->] (1) by adding at the end the following new subdivisions: [<-Struck out]

    [Struck out->]
    ‘(e) INTERLOCUTORY APPEAL- Notwithstanding any other law, any evidentiary rulings made pursuant to this rule are subject to interlocutory appeal by the government or by the alleged victim. [<-Struck out]

    [Struck out->]
    ‘(f) RULE OF RELEVANCE AND PRIVILEGE- If the prosecution seeks to offer evidence of prior sexual history, the provisions of this rule may be waived by the alleged victim.’; and [<-Struck out]

      [Struck out->] (2) by adding at the end of subdivision (c)(3) the following: ‘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.’. [<-Struck out]

[Struck out->] SEC. 154. EVIDENCE OF CLOTHING. [<-Struck out]

    [Struck out->] The Federal Rules of Evidence, as amended by section 152, are amended by adding after rule 412B the following new rule: [<-Struck out]

[Struck out->]
‘Rule 413. Evidence of victim’s clothing as inciting violence [<-Struck out]

    [Struck out->]
    ‘Notwithstanding any other 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.’. [<-Struck out]

[Struck out->]

Subtitle F--Assistance to Victims of Sexual Assault

[<-Struck out]

[Struck out->] SEC. 161. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS AGAINST WOMEN. [<-Struck out]

    [Struck out->] Part A of title XIX of the Public Health and Health Services Act (42 U.S.C. 300w et seq.) is amended by adding at the end the following new section: [<-Struck out]

[Struck out->]
‘SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION. [<-Struck out]

    [Struck out->]
    ‘(a) PERMITTED USE- Notwithstanding section 1904(a)(1), amounts transferred by the State for use under this part may be used for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities, which programs may include-- [<-Struck out]

      [Struck out->]
      ‘(1) educational seminars; [<-Struck out]

      [Struck out->]
      ‘(2) the operation of hotlines; [<-Struck out]

      [Struck out->]
      ‘(3) training programs for professionals; [<-Struck out]

      [Struck out->]
      ‘(4) the preparation of informational materials; and [<-Struck out]

      [Struck out->]
      ‘(5) other efforts to increase awareness of the facts about, or to help prevent, sexual assault, including efforts to increase awareness in underserved racial, ethnic, and language minority communities. [<-Struck out]

    [Struck out->]
    ‘(b) TARGETING OF EDUCATION PROGRAMS- States providing grant monies must ensure that at least 25 percent of the monies are devoted to education programs targeted for middle school, junior high school, and high school students. [<-Struck out]

    [Struck out->]
    ‘(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $65,000,000 for each of fiscal years 1993, 1994, and 1995. [<-Struck out]

    [Struck out->]
    ‘(d) LIMITATION- Funds authorized under this section may only be used for providing rape prevention and education programs. [<-Struck out]

    [Struck out->]
    ‘(e) DEFINITION- For purposes of this section, the term ‘rape prevention and education’ includes education and prevention efforts directed at offenses committed by offenders who are not known to the victim as well as offenders who are known to the victim. [<-Struck out]

    [Struck out->]
    ‘(f) TERMS- States shall be allotted funds under this section pursuant to the terms of sections 1902 and 1903, and subject to the conditions provided in this section and sections 1904 through 1909.’. [<-Struck out]

[Struck out->] SEC. 162. RAPE EXAM PAYMENTS. [<-Struck out]

    [Struck out->] (a) No State or other grantee 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. A State or other grantee does not incur the full medical cost of forensic medical exams if it chooses to reimburse the victim after the fact unless the reimbursement program waives any minimum loss or deductible requirement, provides victim reimbursement within a reasonable time (90 days), permits applications for reimbursement within one year from the date of the exam, and provides information to all subjects of forensic medical exams about how to obtain reimbursement. [<-Struck out]

    [Struck out->] (b) Within 90 days after the enactment of this Act, the Director of the Office of Victims of Crime shall propose regulations to implement this section, detailing qualified programs. Such regulations shall specify the type and form of information to be provided victims, including provisions for multilingual information, where appropriate. [<-Struck out]

[Struck out->] SEC. 163. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF FEMALE RUNAWAY, HOMELESS, AND STREET YOUTH. [<-Struck out]

    [Struck out->] Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et seq.) is amended by-- [<-Struck out]

      [Struck out->] (1) redesignating sections 316 and 317 as sections 317 and 318, respectively; and [<-Struck out]

      [Struck out->] (2) inserting after section 315 the following new section: [<-Struck out]

[Struck out->]
‘GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION [<-Struck out]

    [Struck out->]
    ‘SEC. 315. (a) IN GENERAL- The Secretary shall make grants under this section to private, nonprofit agencies for street-based outreach and education, including treatment, counseling, and information and referral, for female runaway, homeless, and street youth who have been subjected to or are at risk of being subjected to sexual abuse. [<-Struck out]

    [Struck out->]
    ‘(b) PRIORITY- In selecting among applicants for grants under subsection (a), the Secretary shall give priority to agencies that have experience in providing services to female runaway, homeless, and street youth. [<-Struck out]

    [Struck out->]
    ‘(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 1993, 1994, and 1995. [<-Struck out]

    [Struck out->]
    ‘(d) DEFINITIONS- For the purposes of this section-- [<-Struck out]

      [Struck out->]
      ‘(1) the term ‘street-based outreach and education’ includes education and prevention efforts directed at offenses committed by offenders who are not known to the victim as well as offenders who are known to the victim; and [<-Struck out]

      [Struck out->]
      ‘(2) the term ‘street youth’ means a female less than 21 years old who spends a significant amount of time on the street or in other areas of exposure to encounters that may lead to sexual abuse.’. [<-Struck out]

[Struck out->] SEC. 164. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING. [<-Struck out]

    [Struck out->] Rule 32 of the Federal Rules of Criminal Procedure is amended-- [<-Struck out]

      [Struck out->] (1) by striking ‘and’ at the end of subdivision (a)(1)(B); [<-Struck out]

      [Struck out->] (2) by striking the period at the end of subdivision (a)(1)(C) and inserting ‘; and’; [<-Struck out]

      [Struck out->] (3) by inserting after subdivision (a)(1)(C) the following new subdivision: [<-Struck out]

      [Struck out->]
      ‘(D) if sentence is to be imposed for a crime of violence or sexual abuse, address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and to present any information in relation to the sentence.’; [<-Struck out]

      [Struck out->] (4) in the penultimate sentence of subdivision (a)(1), by striking ‘equivalent opportunity’ and inserting ‘opportunity equivalent to that of the defendant’s counsel’; [<-Struck out]

      [Struck out->] (5) in the last sentence of subdivision (a)(1) by inserting ‘the victim,’ before ‘or the attorney for the Government.’; and [<-Struck out]

      [Struck out->] (6) by adding at the end the following new subdivision: [<-Struck out]

    [Struck out->]
    ‘(f) DEFINITIONS- For purposes of this rule-- [<-Struck out]

      [Struck out->]
      ‘(1) the term ‘victim’ means any person against whom an offense for which a sentence is to be imposed has been committed, but the right of allocution under subdivision (a)(1)(D) may be exercised instead by-- [<-Struck out]

        [Struck out->]
        ‘(A) a parent or legal guardian in case the victim is below the age of 18 years or incompetent; or [<-Struck out]

        [Struck out->]
        ‘(B) 1 or more family members or relatives designated by the court in case the victim is deceased or incapacitated, [<-Struck out]

      [Struck out->] if such person or persons are present at the sentencing hearing, regardless of whether the victim is present; and [<-Struck out]

      [Struck out->]
      ‘(2) the term ‘crime of violence or sexual abuse’ means a crime that involved the use or attempted or threatened use of physical force against the person or property of another, or a crime under chapter 109A of title 18, United States Code.’. [<-Struck out]

[Struck out->]

TITLE II--SAFE HOMES FOR WOMEN

[<-Struck out]

[Struck out->] SEC. 201. SHORT TITLE. [<-Struck out]

    [Struck out->] This title may be cited as the ‘Safe Homes for Women Act of 1993’. [<-Struck out]

[Struck out->]

Subtitle A--Family Violence Prevention and Services Act Amendments

[<-Struck out]

[Struck out->] SEC. 211. GRANTS FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE. [<-Struck out]

    [Struck out->] The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended by adding at the end the following new section: [<-Struck out]

[Struck out->]
‘SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANTS. [<-Struck out]

    [Struck out->]
    ‘(a) IN GENERAL- The Secretary may award grants to 1 or more private, nonprofit entities to provide for the operation of a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence. [<-Struck out]

    [Struck out->]
    ‘(b) ACTIVITIES- Funds received by an entity under this section shall be utilized to open and operate a national, toll-free domestic violence hotline. Such funds may be used for activities including-- [<-Struck out]

      [Struck out->]
      ‘(1) contracting with a carrier for the use of a toll-free telephone line; [<-Struck out]

      [Struck out->]
      ‘(2) employing, training and supervising personnel to answer incoming calls and provide counseling and referral services to callers on a 24-hour-a-day basis; [<-Struck out]

      [Struck out->]
      ‘(3) assembling, maintaining, and continually updating a database of information and resources to which callers may be referred throughout the United States; and [<-Struck out]

      [Struck out->]
      ‘(4) publicizing the hotline to potential users throughout the United States. [<-Struck out]

    [Struck out->]
    ‘(c) APPLICATION- A grant, contract or cooperative agreement may not be made or entered into under this section unless an application for such grant, contract or cooperative agreement has been approved by the Secretary. To be approved by the Secretary under this subsection an application shall-- [<-Struck out]

      [Struck out->]
      ‘(1) provide such agreements, assurances, and information, be in such form and be submitted in such manner as the Secretary shall prescribe through notice in the Federal Register; [<-Struck out]

      [Struck out->]
      ‘(2) include a complete description of the applicant’s plan for the operation of a national domestic violence hotline, including descriptions of-- [<-Struck out]

        [Struck out->]
        ‘(A) the training program for hotline personnel; [<-Struck out]

        [Struck out->]
        ‘(B) the hiring criteria for hotline personnel; [<-Struck out]

        [Struck out->]
        ‘(C) the methods for the creation, maintenance and updating of a resource database; and [<-Struck out]

        [Struck out->]
        ‘(D) a plan for publicizing the availability of the hotline; [<-Struck out]

      [Struck out->]
      ‘(3) demonstrate that the applicant has nationally recognized expertise in the area of domestic violence and a record of high quality service to victims of domestic violence; and [<-Struck out]

      [Struck out->]
      ‘(4) contain such other information as the Secretary may require. [<-Struck out]

    [Struck out->]
    ‘(d) SPECIAL CONSIDERATIONS- In considering an application under subsection (c), the Secretary shall also take into account the applicant’s ability to offer multilingual services and services for the hearing impaired. [<-Struck out]

    [Struck out->]
    ‘(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $500,000 for each of fiscal years 1993, 1994, and 1995.’. [<-Struck out]

[Struck out->]

Subtitle B--Interstate Enforcement

[<-Struck out]

[Struck out->] SEC. 221. INTERSTATE ENFORCEMENT. [<-Struck out]

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

[Struck out->]
‘CHAPTER 110A--VIOLENCE AGAINST SPOUSES [<-Struck out]

      [Struck out->]
      ‘Sec. 2261. Traveling to commit spousal abuse. [<-Struck out]

      [Struck out->]
      ‘Sec. 2262. Interstate violation of protection orders. [<-Struck out]

      [Struck out->]
      ‘Sec. 2263. Interim protections. [<-Struck out]

      [Struck out->]
      ‘Sec. 2264. Restitution. [<-Struck out]

      [Struck out->]
      ‘Sec. 2265. Full faith and credit given to protection orders. [<-Struck out]

      [Struck out->]
      ‘Sec. 2266. Definitions. [<-Struck out]

[Struck out->]
‘Sec. 2261. Traveling to commit spousal abuse [<-Struck out]

    [Struck out->]
    ‘(a) IN GENERAL- Any person who travels across State lines-- [<-Struck out]

      [Struck out->]
      ‘(1) and who, in the course of or as a result of such travel, commits an act that injures his or her spouse or intimate partner; or [<-Struck out]

      [Struck out->]
      ‘(2) for the purpose of harassing, intimidating, or injuring a spouse or intimate partner and who, in furtherance of that purpose, commits an act that injures his or her spouse or intimate partner, [<-Struck out]

    [Struck out->] shall be fined not more than $1,000 or imprisoned for not more than 10 years but not less than 3 months, or both, in addition to any fine or term of imprisonment provided under State law. [<-Struck out]

    [Struck out->]
    ‘(b) CAUSING THE CROSSING OF STATE LINES- Any person who causes a spouse or intimate partner to cross State lines by force, coercion, duress or fraud and, in the course or as a result of that conduct, commits an act that injures his or her spouse or intimate partner shall be punished as provided in subsection (c). [<-Struck out]

    [Struck out->]
    ‘(c) PENALTIES- A person who violates this section shall be punished as follows: [<-Struck out]

      [Struck out->]
      ‘(1) If permanent disfigurement or life-threatening bodily injury results, by imprisonment for not more than 20 years; if serious bodily injury results, by fine under this title or imprisonment for not more than 10 years, or both; if bodily injury results, by fine under this title or imprisonment for not more than 5 years, or both. [<-Struck out]

      [Struck out->]
      ‘(2) If the offense is committed with intent to commit another felony, by fine under this title or imprisonment for not more than 10 years, or both. [<-Struck out]

      [Struck out->]
      ‘(3) If the offense is committed with a dangerous weapon, with intent to do bodily harm, by fine under this title or imprisonment for not more than 5 years, or both. [<-Struck out]

      [Struck out->]
      ‘(4) If the offense constitutes sexual abuse, as that conduct is described under chapter 109A of title 18, United States Code (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. [<-Struck out]

    [Struck out->]
    ‘(d) CRIMINAL INTENT- The criminal intent of the offender required to establish an offense under subsection (b) is the general intent to do the acts that result in injury to a spouse or intimate partner and not the specific intent to violate the law of a State. [<-Struck out]

    [Struck out->]
    ‘(e) NO PRIOR STATE ACTION NECESSARY- Nothing in this section requires a prior criminal prosecution or conviction or a prior civil protection order issued under State law to initiate Federal prosecution. [<-Struck out]

[Struck out->]
‘Sec. 2262. Interstate violation of protection orders [<-Struck out]

    [Struck out->]
    ‘(a) IN GENERAL- Any person against whom a valid protection order has been entered who travels across State lines-- [<-Struck out]

      [Struck out->]
      ‘(1) and who, in the course of or as a result of such travel, commits an act that injures his or her spouse or intimate partner in violation of a valid protection order issued by a State; or [<-Struck out]

      [Struck out->]
      ‘(2) for the purpose of harassing, injuring, finding, contacting, or locating a spouse or intimate partner and who, in furtherance of that purpose, commits an act that injures his or her spouse or intimate partner in violation of a valid protection order issued by a State, shall be punished as provided in subsection (c). [<-Struck out]

    [Struck out->]
    ‘(b) CAUSING THE CROSSING OF STATE LINES- Any person who causes a spouse or intimate partner to cross State lines by force, coercion, duress, or fraud, and, in the course or as a result of that conduct, commits an act that injures his or her spouse or intimate partner in violation of a valid protection order issued by a State shall be punished as provided in subsection (c). [<-Struck out]

    [Struck out->]
    ‘(c) PENALTIES- A person who violates this section shall be punished as follows: [<-Struck out]

      [Struck out->]
      ‘(1) If permanent disfigurement or life-threatening bodily injury results, by imprisonment for not more than 20 years; if serious bodily injury results, by fine under this title or imprisonment for not more than 10 years, or both; if bodily injury results, by fine under this title or imprisonment for not more than 5 years, or both. [<-Struck out]

      [Struck out->]
      ‘(2) If the offense is committed with intent to commit another felony, by fine under this title or imprisonment for not more than 10 years, or both. [<-Struck out]

      [Struck out->]
      ‘(3) If the offense is committed with a dangerous weapon, with intent to do bodily harm, by fine under this title or imprisonment for not more than 5 years, or both. [<-Struck out]

      [Struck out->]
      ‘(4) If the offender has previously violated any prior protection order issued against that person for the protection of the same victim, by fine under this title or imprisonment for not more than 5 years and not less than 6 months, or both. [<-Struck out]

      [Struck out->]
      ‘(5) If the offense constitutes sexual abuse, as that conduct is described under chapter 109A of title 18, United States Code (without regard to whether the conduct was committed in the special maritime, territorial or prison jurisdiction of the United States) by fine or term of imprisonment as provided for the applicable offense under chapter 109A. [<-Struck out]

    [Struck out->]
    ‘(d) CRIMINAL INTENT- The criminal intent required to establish the offense provided in subsection (a) is the general intent to do the acts which result in injury to a spouse or intimate partner and not the specific intent to violate a protection order or State law. [<-Struck out]

    [Struck out->]
    ‘(e) NO PRIOR STATE ACTION NECESSARY- Nothing in this section requires a prior criminal prosecution or conviction under State law to initiate Federal prosecution. [<-Struck out]

[Struck out->]
‘Sec. 2263. Interim protections [<-Struck out]

    [Struck out->]
    ‘(a) IN GENERAL- In furtherance of the purposes of this chapter, and to protect against abuse of a spouse or intimate partner, any judge or magistrate before whom a criminal case under this chapter is brought, shall have the power to issue temporary orders of protection for the protection of an abused spouse or intimate partner pending final disposition of the case, upon a showing of a likelihood of danger to the abused spouse or intimate partner. [<-Struck out]

    [Struck out->]
    ‘(b) LIMITATION ON JURISDICTION- This section does not confer original jurisdiction in a Federal district court to issue any order of protection in a case of injury to a spouse or intimate partner unless the case-- [<-Struck out]

      [Struck out->]
      ‘(1) has been brought by a Federal prosecutor pursuant to section 2261 or 2262; and [<-Struck out]

      [Struck out->]
      ‘(2) includes the interstate nexus required under section 2261 or 2262. [<-Struck out]

    [Struck out->]
    ‘(c) APPLICATION OF STATE LAW- In issuing a temporary order of protection pursuant to subsection (a), the judge or magistrate shall look to the law of the State where the injury occurred to determine the types of relief that are appropriate. [<-Struck out]

[Struck out->]
‘Sec. 2264. Restitution [<-Struck out]

    [Struck out->]
    ‘(a) IN GENERAL- In addition to any fine or term of imprisonment provided under this chapter, and notwithstanding section 3663, the court shall order restitution to the victim of an offense under this chapter. [<-Struck out]

    [Struck out->]
    ‘(b) SCOPE AND NATURE OF ORDER- (1) An order of restitution under this section shall direct that-- [<-Struck out]

      [Struck out->]
      ‘(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court, pursuant to paragraph (2); and [<-Struck out]

      [Struck out->]
      ‘(B) the United States Attorney enforce the restitution order by all available and reasonable means. [<-Struck out]

    [Struck out->]
    ‘(2) For purposes of this subsection, the term ‘full amount of the victim’s losses’ includes any costs incurred by the victim for-- [<-Struck out]

      [Struck out->]
      ‘(A) medical services relating to physical, psychiatric, or psychological care; [<-Struck out]

      [Struck out->]
      ‘(B) physical and occupational therapy or rehabilitation; [<-Struck out]

      [Struck out->]
      ‘(C) lost income; [<-Struck out]

      [Struck out->]
      ‘(D) attorneys’ fees, plus any costs incurred in obtaining a civil protection order; and [<-Struck out]

      [Struck out->]
      ‘(E) any other losses suffered by the victim as a proximate result of the offense. [<-Struck out]

    [Struck out->]
    ‘(3) A restitution order under this section is mandatory. A court may not decline to issue an order under this section because of-- [<-Struck out]

      [Struck out->]
      ‘(A) the economic circumstances of the defendant; or [<-Struck out]

      [Struck out->]
      ‘(B) the fact that victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance. [<-Struck out]

    [Struck out->]
    ‘(4)(A) Notwithstanding 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-- [<-Struck out]

      [Struck out->]
      ‘(i) the financial resources and other assets of the defendant; [<-Struck out]

      [Struck out->]
      ‘(ii) projected earnings, earning capacity, and other income of the defendant; and [<-Struck out]

      [Struck out->]
      ‘(iii) any financial obligations of the offender, including obligations to dependents. [<-Struck out]

    [Struck out->]
    ‘(B) 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. [<-Struck out]

    [Struck out->]
    ‘(C) If 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 for the victim’s other losses before any restitution is paid to any other provider of compensation. [<-Struck out]

    [Struck out->]
    ‘(5) 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-- [<-Struck out]

      [Struck out->]
      ‘(A) any Federal civil proceeding; and [<-Struck out]

      [Struck out->]
      ‘(B) any State civil proceeding, to the extent provided by the law of the State. [<-Struck out]

    [Struck out->]
    ‘(c) PROOF OF CLAIM- (1) Within 60 days after conviction and, in any event, no later than 10 days prior to sentencing, the United States Attorney (or the United States 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 United States Attorney’s delegee) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the United States Attorney’s delegee) shall advise the victim that the victim may file a separate affidavit and shall provide the victim with an affidavit form which may be used to do so. [<-Struck out]

    [Struck out->]
    ‘(2) If no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to paragraph (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 the United States Attorney’s delegee) to submit further affidavits or other supporting documents, demonstrating the victim’s losses. [<-Struck out]

    [Struck out->]
    ‘(3) 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 subsection, shall be in camera in the judge’s chambers. [<-Struck out]

    [Struck out->]
    ‘(4) If the victim’s losses are not ascertainable 10 days prior to sentencing as provided in subsection (c)(1), the United States Attorney (or the United States Attorney’s 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 an 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. [<-Struck out]

    [Struck out->]
    ‘(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 and 2262. [<-Struck out]

    [Struck out->]
    ‘(e) DEFINITIONS- For purposes of this section, the term ‘victim’ includes the person harmed 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, but in no event shall the defendant be named as such a representative or guardian. [<-Struck out]

[Struck out->]
‘Sec. 2265. Full faith and credit given to protection orders [<-Struck out]

    [Struck out->]
    ‘(a) FULL FAITH AND CREDIT- Any protection order issued consistent with subsection (b) by the court of 1 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. [<-Struck out]

    [Struck out->]
    ‘(b) PROTECTION ORDER- (1) A protection order issued by a State court is consistent with this subsection if-- [<-Struck out]

      [Struck out->]
      ‘(A) the court has jurisdiction over the parties and matter under the law of the State; and [<-Struck out]

      [Struck out->]
      ‘(B) 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. [<-Struck out]

    [Struck out->]
    ‘(2) In the case of an order under paragraph (1) that is issued ex parte, notice and opportunity to be heard shall 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. [<-Struck out]

    [Struck out->]
    ‘(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-- [<-Struck out]

      [Struck out->]
      ‘(1) no cross- or counter-petition, complaint, or other written pleading was filed seeking such a protection order; or [<-Struck out]

      [Struck out->]
      ‘(2) if a cross- or counter-petition has been filed, if the court did not make specific findings that each party was entitled to such an order. [<-Struck out]

[Struck out->]
‘Sec. 2266. Definitions [<-Struck out]

    [Struck out->]
    ‘As used in this chapter-- [<-Struck out]

      [Struck out->]
      ‘(1) the term ‘spouse or intimate partner’ includes-- [<-Struck out]

        [Struck out->]
        ‘(A) a present or former spouse, a person who shares a child in common with an abuser, and a person who cohabits or has cohabited with an abuser as a spouse; and [<-Struck out]

        [Struck out->]
        ‘(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State in which the injury occurred or where the victim resides, or any other adult person who is protected from an abuser’s acts under the domestic or family violence laws of the State in which the injury occurred or where the victim resides; [<-Struck out]

      [Struck out->]
      ‘(2) the term ‘protection order’ includes an injunction or other order issued for the purpose of preventing violent or threatening acts by 1 spouse against his or her spouse or intimate partner, including a temporary or final order issued by a civil or criminal court (other than a support or child custody order or provision) whether obtained by filing an independent action or as a pendente lite order in another proceeding, so long as, in the case of a civil order, the order was issued in response to a complaint, petition, or motion filed by or on behalf of an abused spouse or intimate partner; [<-Struck out]

      [Struck out->]
      ‘(3) the term ‘act that injures’ includes any act, except one done in self-defense, that results in physical injury or sexual abuse; [<-Struck out]

      [Struck out->]
      ‘(4) 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 [<-Struck out]

      [Struck out->]
      ‘(5) the term ‘travel across State lines’ includes any travel except travel across State lines by an Indian tribal member when that member remained at all times on tribal lands.’. [<-Struck out]

    [Struck out->] (b) TECHNICAL AMENDMENT- The part analysis for part 1 of title 18, United States Code, is amended by inserting after the item for chapter 110 the following new item: [<-Struck out]

[Struck out->] 2261.’. [<-Struck out]

[Struck out->]

Subtitle C--Arrest in Spousal Abuse Cases

[<-Struck out]

[Struck out->] SEC. 231. ENCOURAGING ARREST POLICIES. [<-Struck out]

    [Struck out->] The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.), as amended by section 211, is amended by adding at the end the following new section: [<-Struck out]

[Struck out->]
‘SEC. 317. ENCOURAGING ARREST POLICIES. [<-Struck out]

    [Struck out->]
    ‘(a) PURPOSE- To encourage States, Indian tribes and localities to treat spousal violence as a serious violation of criminal law, the Secretary may make grants to eligible States, Indian tribes, municipalities, or local government entities for the following purposes: [<-Struck out]

      [Struck out->]
      ‘(1) To implement pro-arrest programs and policies in police departments and to improve tracking of cases involving spousal abuse. [<-Struck out]

      [Struck out->]
      ‘(2) To centralize police enforcement, prosecution, or judicial responsibility for, spousal abuse cases in one group or unit of police officers, prosecutors, or judges. [<-Struck out]

      [Struck out->]
      ‘(3) To coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts. [<-Struck out]

      [Struck out->]
      ‘(4) To educate judges in criminal and other courts about spousal abuse and to improve judicial handling of such cases. [<-Struck out]

    [Struck out->]
    ‘(b) ELIGIBILITY- (1) Eligible grantees are those States, Indian tribes, municipalities or other local government entities that-- [<-Struck out]

      [Struck out->]
      ‘(A) demonstrate, through arrest and conviction statistics, that their laws or policies have been effective in significantly increasing the number of arrests made of spouse abusers; [<-Struck out]

      [Struck out->]
      ‘(B) certify that their laws or official policies-- [<-Struck out]

        [Struck out->]
        ‘(i) mandate arrest of spouse abusers based on probable cause that violence has been committed; or [<-Struck out]

        [Struck out->]
        ‘(ii) permit warrantless arrests of spouse abusers, encourage the use of that authority, and mandate arrest of spouses violating the terms of a valid and outstanding protection order; [<-Struck out]

      [Struck out->]
      ‘(C) demonstrate that their laws, policies, practices and training programs discourage ‘dual’ arrests of abused and abuser; and [<-Struck out]

      [Struck out->]
      ‘(D) certify that their laws, policies, and practices prohibit issuance of mutual protection orders in cases where only one spouse has sought a protection order, and require findings of mutual aggression to issue mutual protection orders in cases where both parties file a claim. [<-Struck out]

    [Struck out->]
    ‘(2) For purposes of this section-- [<-Struck out]

      [Struck out->]
      ‘(A) the term ‘protection order’ includes any injunction issued for the purpose of preventing violent or threatening acts of spouse abuse, including a temporary or final order issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding; and [<-Struck out]

      [Struck out->]
      ‘(B) the term ‘spousal or spouse abuse’ includes a felony or misdemeanor offense committed by a current or former spouse of the victim, a person with whom the victim shares a child in common, a person who is cohabiting with or has cohabited with the victim as a spouse, a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or committed by any other adult person upon a victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction receiving grant monies. [<-Struck out]

    [Struck out->]
    ‘(3) The eligibility requirements provided in this section shall take effect on the date that is 1 year after the date of enactment of this section. [<-Struck out]

    [Struck out->]
    ‘(c) DELEGATION AND AUTHORIZATION- The Secretary shall delegate to the Attorney General of the United States the Secretary’s responsibilities for carrying out this section. There are authorized to be appropriated not in excess of $25,000,000 for each fiscal year to be used for the purpose of making grants under this section. [<-Struck out]

    [Struck out->]
    ‘(d) APPLICATION- An eligible grantee shall submit an application to the Secretary. Such an application shall-- [<-Struck out]

      [Struck out->]
      ‘(1) contain a certification by the chief executive officer of the State, Indian tribe, municipality, or local government entity that the conditions of subsection (b) are met; [<-Struck out]

      [Struck out->]
      ‘(2) describe the entity’s plans to further the purposes listed in subsection (a); [<-Struck out]

      [Struck out->]
      ‘(3) identify the agency or office or groups of agencies or offices responsible for carrying out the program; and [<-Struck out]

      [Struck out->]
      ‘(4) identify and include documentation showing the nonprofit nongovernmental victim services programs that will be consulted in developing, and implementing, the program. [<-Struck out]

    [Struck out->]
    ‘(e) PRIORITY- In awarding grants under this section, the Secretary shall give priority to a grantee that-- [<-Struck out]

      [Struck out->]
      ‘(1) does not currently provide for centralized handling of cases involving spousal or family violence in any one of the areas listed in this subsection--police, prosecutors, and courts; and [<-Struck out]

      [Struck out->]
      ‘(2) demonstrates a commitment to strong enforcement of laws, and prosecution of cases, involving spousal or family violence. [<-Struck out]

    [Struck out->]
    ‘(f) REPORTING- Each grantee receiving funds under this section shall submit a report to the Secretary evaluating the effectiveness of the plan described in subsection (d)(2) and containing such additional information as the Secretary may prescribe. [<-Struck out]

    [Struck out->]
    ‘(g) REGULATIONS- No later than 45 days after the date of enactment of this section, the Secretary shall publish proposed regulations implementing this section. No later than 120 days after such date, the Secretary shall publish final regulations implementing this section.’. [<-Struck out]

[Struck out->]

Subtitle D--Funding for Shelters

[<-Struck out]

[Struck out->] SEC. 241. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

    [Struck out->] Section 310(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as follows: [<-Struck out]

    [Struck out->]
    ‘(a) IN GENERAL- There are authorized to be appropriated to carry out this title $85,000,000 for fiscal year 1993, $100,000,000 for fiscal year 1994, and $125,000,000 for fiscal year 1995.’. [<-Struck out]

[Struck out->]

Subtitle E--Family Violence Prevention and Services Act Amendments

[<-Struck out]

[Struck out->] SEC. 251. GRANTEE REPORTING. [<-Struck out]

    [Struck out->] (a) SUBMISSION OF APPLICATION- Section 303(a)(2)(C) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is amended by inserting ‘and a plan to address the needs of underserved populations, including populations underserved because of ethnic, racial, cultural, language diversity or geographic isolation’ after ‘such State’. [<-Struck out]

    [Struck out->] (b) APPROVAL OF APPLICATION- Section 303(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(a)) is amended by adding at the end the following new paragraph: [<-Struck out]

      [Struck out->]
      ‘(4) Upon completion of the activities funded by a grant under this subpart, the State grantee shall file a performance report with the Director explaining the activities carried out together with an assessment of the effectiveness of those activities in achieving the purposes of this subpart. A section of this performance report shall be completed by each grantee or subgrantee that performed the direct services contemplated in the application certifying performance of direct services under the grant. The Director shall suspend funding for an approved application if an applicant fails to submit an annual performance report or if the funds are expended for purposes other than those set forth under this subpart, after following the procedures set forth in paragraph (3). Federal funds may be used only to supplement, not supplant, State funds.’. [<-Struck out]

[Struck out->]

Subtitle F--Youth Education and Domestic Violence

[<-Struck out]

[Struck out->] SEC. 261. EDUCATING YOUTH ABOUT DOMESTIC VIOLENCE. [<-Struck out]

    [Struck out->] The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) as amended by section 231, is amended by adding at the end the following new section: [<-Struck out]

[Struck out->]
‘SEC. 318. EDUCATING YOUTH ABOUT DOMESTIC VIOLENCE. [<-Struck out]

    [Struck out->]
    ‘(a) GENERAL PURPOSE- For purposes of this section, the Secretary shall delegate the Secretary’s powers to the Secretary of Education (hereafter in this section referred to as the ‘Secretary’). The Secretary shall select, implement and evaluate 4 model programs for education of young people about domestic violence and violence among intimate partners. [<-Struck out]

    [Struck out->]
    ‘(b) NATURE OF PROGRAM- The Secretary shall select, implement and evaluate separate model programs for 4 different audiences: primary schools, middle schools, secondary schools, and institutions of higher education. The model programs shall be selected, implemented, and evaluated in the light of the comments of educational experts, legal and psychological experts on battering, and victim advocate organizations such as battered women’s shelters, State coalitions and resource centers. The participation of each of those groups or individual consultants from such groups is essential to the selection, implementation, and evaluation of programs that meet both the needs of educational institutions and the needs of the domestic violence problem. [<-Struck out]

    [Struck out->]
    ‘(c) REVIEW AND DISSEMINATION- Not later than 2 years after the date of enactment of this section, the Secretary shall transmit the design and evaluation of the model programs, along with a plan and cost estimate for nationwide distribution, to the relevant committees of Congress for review. [<-Struck out]

    [Struck out->]
    ‘(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $400,000 for fiscal year 1993.’. [<-Struck out]

[Struck out->]

Subtitle G--Confidentiality for Abused Persons

[<-Struck out]

[Struck out->] SEC. 271. CONFIDENTIALITY OF ABUSED PERSON’S ADDRESS. [<-Struck out]

    [Struck out->] Not later than 90 days after enactment of this Act, the United States Postal Service shall promulgate regulations to secure the confidentiality of domestic violence shelters and abused persons’ addresses consistent with the following guidelines: [<-Struck out]

      [Struck out->] (1) Confidentiality shall be provided to a person upon the presentation to an appropriate postal official of a valid court order or a police report documenting abuse. [<-Struck out]

      [Struck out->] (2) Confidentiality shall be provided to any domestic violence shelter upon presentation to an appropriate postal authority of proof from a State domestic violence coalition (within the meaning of section 311 of the Family Violence Prevention and Services Act (42 U.S.C. 10410)) verifying that the organization is a domestic violence shelter. [<-Struck out]

      [Struck out->] (3) Disclosure of addresses to State or Federal agencies for legitimate law enforcement or other governmental purposes shall not be prohibited. [<-Struck out]

      [Struck out->] (4) 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. [<-Struck out]

[Struck out->]

Subtitle H--Technical Amendments

[<-Struck out]

[Struck out->] SEC. 281. STATE DOMESTIC VIOLENCE COALITIONS. [<-Struck out]

    [Struck out->] Section 311(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10410(a)) is amended-- [<-Struck out]

      [Struck out->] (1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5); [<-Struck out]

      [Struck out->] (2) by inserting before paragraph (2), as redesignated by paragraph (1), the following new paragraph: [<-Struck out]

      [Struck out->]
      ‘(1) working with local domestic violence programs and providers of direct services to encourage appropriate responses to domestic violence within the State, including-- [<-Struck out]

        [Struck out->]
        ‘(A) training and technical assistance for local programs and professionals working with victims of domestic violence; [<-Struck out]

        [Struck out->]
        ‘(B) planning and conducting State needs assessments and planning for comprehensive services; [<-Struck out]

        [Struck out->]
        ‘(C) serving as an information clearinghouse and resource center for the State; and [<-Struck out]

        [Struck out->]
        ‘(D) collaborating with other governmental systems which affect battered women;’ [<-Struck out]

      [Struck out->] (3) in paragraph (2)(K), as redesignated by paragraph (1), by striking ‘and court officials and other professionals’ and inserting ‘, judges, court officers and other criminal justice professionals,’; [<-Struck out]

      [Struck out->] (4) in paragraph (3), as redesignated by paragraph (1)-- [<-Struck out]

        [Struck out->] (A) by inserting ‘, criminal court judges,’ after ‘family law judges,’ each place it appears; [<-Struck out]

        [Struck out->] (B) in subparagraph (F), by inserting ‘custody’ after ‘temporary’; and [<-Struck out]

        [Struck out->] (C) in subparagraph (H), by striking ‘supervised visitations that do not endanger victims and their children,’ and inserting ‘supervised visitations or denial of visitation to protect against danger to victims or their children’; and [<-Struck out]

      [Struck out->] (5) in paragraph (4), as redesignated by paragraph (1), by inserting ‘, including information aimed at underserved racial, ethnic or language-minority populations’ before the semicolon. [<-Struck out]

[Struck out->]

Subtitle I--Data and Research

[<-Struck out]

[Struck out->] SEC. 291. REPORT ON RECORDKEEPING. [<-Struck out]

    [Struck out->] (a) STUDY- Not later than 180 days after the date of enactment of this Act, the Government Accounting Office shall complete a study of, and shall submit to Congress, a report on the progress of the Department of Justice in collecting statistics showing the relationship between an offender and victim for all reported Federal crimes, including the crimes of rape, kidnapping, assault, aggravated assault, and robbery. [<-Struck out]

    [Struck out->] (b) REPORT TO CONGRESS- No later than 180 days after the date of enactment of this Act, the study required under subsection (a) shall be completed and a report describing the findings made submitted to the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, and the National Commission on Violence Against Women. [<-Struck out]

[Struck out->] SEC. 292. RESEARCH AGENDA. [<-Struck out]

    [Struck out->] (a) REQUEST FOR CONTRACT- The Director of the National Institute of Justice shall request the National Academy of Sciences, through its National Research Council, to enter into a contract to develop a research agenda to increase the understanding and control of violence against women, including rape and domestic violence. In furtherance of the contract, the National Academy shall convene a panel of nationally recognized experts on violence against women, in the fields of law, medicine, criminal justice and the social sciences. In setting the agenda, the Academy shall focus primarily upon preventive, educative, social, and legal strategies. Nothing in this section shall be construed to invoke the terms of the Federal Advisory Committee Act. [<-Struck out]

    [Struck out->] (b) DECLINATION OF REQUEST- If the National Academy of Sciences declines to conduct the study and develop a research agenda, it shall recommend a nonprofit private entity that is qualified to conduct such a study. In that case, the Director of the National Institute of Justice shall carry out subsection (a) through the nonprofit private entity recommended by the Academy. In either case, whether the study is conducted by the National Academy of Sciences or by the nonprofit group it recommends, the funds for the contract shall be made available from sums appropriated for the conduct of research by the National Institute of Justice. [<-Struck out]

    [Struck out->] (c) REPORT- The Director of the National Institute of Justice shall ensure that no later than 9 months after the date of enactment of this Act, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, and the National Commission on Violence Against Women. [<-Struck out]

[Struck out->] SEC. 293. STATE DATABASES. [<-Struck out]

    [Struck out->] (a) IN GENERAL- The National Institute of Justice, in conjunction with the Bureau of Justice Statistics, shall study and report to the States and to Congress on how the States may collect centralized databases on the incidence of domestic violence offenses within a State. [<-Struck out]

    [Struck out->] (b) CONSULTATION- In conducting its study, the National Institute of Justice shall consult persons expert in the collection of criminal justice data, State statistical administrators, law enforcement personnel, and nonprofit nongovernmental agencies that provide direct services to victims of domestic violence. The Institute’s final report shall set forth the views of the persons consulted on the Institute’s recommendations. [<-Struck out]

    [Struck out->] (c) REPORT- The Director of the National Institute of Justice shall ensure that no later than 9 months after the date of enactment of this Act, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate. [<-Struck out]

    [Struck out->] (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized such sums as are necessary to carry out this section. [<-Struck out]

[Struck out->] SEC. 294. NUMBER AND COST OF INJURIES. [<-Struck out]

    [Struck out->] (a) STUDY- The Secretary of Health and Human Services, acting through the Centers for Disease Control Injury Control Division, shall conduct a study to obtain a national projection of the incidence of injuries resulting from domestic violence, the cost of injuries to health care facilities, and recommend health care strategies for reducing the incidence and cost of such injuries. [<-Struck out]

    [Struck out->] (b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $100,000 for fiscal year 1993. [<-Struck out]

[Struck out->]

TITLE III--CIVIL RIGHTS

[<-Struck out]

[Struck out->] SEC. 301. SHORT TITLE. [<-Struck out]

    [Struck out->] This title may be cited as the ‘Civil Rights Remedies for Gender-Motivated Violence Act’. [<-Struck out]

[Struck out->] SEC. 302. CIVIL RIGHTS. [<-Struck out]

    [Struck out->] (a) FINDINGS- The Congress finds that-- [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (3) State and Federal criminal laws do not adequately protect against the bias element of gender-motivated crimes, which separates these crimes from acts of random violence, nor do those laws adequately provide victims of gender-motivated crimes the opportunity to vindicate their interests; [<-Struck out]

      [Struck out->] (4) existing bias and discrimination in the criminal justice system often deprives victims of gender-motivated crimes of equal protection of the laws and the redress to which they are entitled; [<-Struck out]

      [Struck out->] (5) gender-motivated violence has a substantial adverse effect on interstate commerce, by deterring potential victims from traveling interstate, from engaging in employment in interstate business, and from transacting with business, and in places involved, in interstate commerce; [<-Struck out]

      [Struck out->] (6) gender-motivated violence has a substantial adverse effect on interstate commerce, by diminishing national productivity, increasing medical and other costs, and decreasing the supply of and the demand for interstate products; [<-Struck out]

      [Struck out->] (7) a Federal civil rights action as specified in this section is necessary to guarantee equal protection of the laws and to reduce the substantial adverse effects of gender-motivated violence on interstate commerce; and [<-Struck out]

      [Struck out->] (8) victims of gender-motivated violence have a right to equal protection of the laws, including a system of justice that is unaffected by bias or discrimination and that, at every relevant stage, treats such crimes as seriously as other violent crimes. [<-Struck out]

    [Struck out->] (b) RIGHT TO BE FREE FROM CRIMES OF VIOLENCE- All persons within the United States shall have the right to be free from crimes of violence motivated by gender (as defined in subsection (d)). [<-Struck out]

    [Struck out->] (c) CAUSE OF ACTION- A person (including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State) who commits a crime of violence motivated by gender and thus deprives another of the right declared in subsection (b) shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate. [<-Struck out]

    [Struck out->] (d) DEFINITIONS- For purposes of this section-- [<-Struck out]

      [Struck out->] (1) the term ‘crime of violence motivated by gender’ means a crime of violence committed because of gender or on the basis of gender; and [<-Struck out]

      [Struck out->] (2) the term ‘crime of violence’ means an act or series of acts that would come within the meaning of State or Federal offenses described in section 16 of title 18, United States Code, whether or not those acts have actually resulted in criminal charges, prosecution, or conviction and whether or not those acts were committed in the special maritime, territorial, or prison jurisdiction of the United States. [<-Struck out]

    [Struck out->] (e) Limitation and Procedures- [<-Struck out]

      [Struck out->] (1) LIMITATION- Nothing in this section entitles a person to a cause of action 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 (within the meaning of subsection (d)). [<-Struck out]

      [Struck out->] (2) NO PRIOR CRIMINAL ACTION- Nothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under subsection (c). [<-Struck out]

[Struck out->] SEC. 303. ATTORNEY’S FEES. [<-Struck out]

    [Struck out->] Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended in the last sentence-- [<-Struck out]

      [Struck out->] (1) by striking ‘or’ after ‘Public Law 92-318,’; and [<-Struck out]

      [Struck out->] (2) by inserting ‘, or title III of the Violence Against Women Act of 1993,’ after ‘1964’. [<-Struck out]

[Struck out->] SEC. 304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE PRIVACY OF RAPE VICTIMS. [<-Struck out]

    [Struck out->] (a) FINDINGS AND DECLARATION- The Congress finds and declares that-- [<-Struck out]

      [Struck out->] (1) there is a need for a strong and clear Federal response to violence against women, particularly with respect to the crime of rape; [<-Struck out]

      [Struck out->] (2) rape is an abominable and repugnant crime, and one that is severely underreported to law enforcement authorities because of its stigmatizing nature; [<-Struck out]

      [Struck out->] (3) the victims of rape are often further victimized by a criminal justice system that is insensitive to the trauma caused by the crime and are increasingly victimized by news media that are insensitive to the victim’s emotional and psychological needs; [<-Struck out]

      [Struck out->] (4) rape victims’ need for privacy should be respected; [<-Struck out]

      [Struck out->] (5) rape victims need to be encouraged to come forward and report the crime of rape without fear of being revictimized through involuntary public disclosure of their identities; [<-Struck out]

      [Struck out->] (6) rape victims need a reasonable expectation that their physical safety will be protected against retaliation or harassment by an assailant; [<-Struck out]

      [Struck out->] (7) the news media should, in the exercise of their discretion, balance the public’s interest in knowing facts reported by free news media against important privacy interests of a rape victim, and an absolutist view of the public interest leads to insensitivity to a victim’s privacy interest; and [<-Struck out]

      [Struck out->] (8) the public’s interest in knowing the identity of a rape victim is small compared with the interests of maintaining the privacy of rape victims and encouraging rape victims to report and assist in the prosecution of the crime of rape. [<-Struck out]

    [Struck out->] (b) SENSE OF THE SENATE- It is the sense of the Senate that news media, law enforcement officers, and other persons should exercise restraint and respect a rape victim’s privacy by not disclosing the victim’s identity to the general public or facilitating such disclosure without the consent of the victim. [<-Struck out]

[Struck out->]

TITLE IV--SAFE CAMPUSES FOR WOMEN

[<-Struck out]

[Struck out->] SEC. 401. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

    [Struck out->] Section 1541(i) of the Higher Education Amendments of 1992 (20 U.S.C. 1145h(i)) is amended to read as follows: [<-Struck out]

    [Struck out->]
    ‘(i) For the purpose of carrying out this part, there are authorized to be appropriated $20,000,000 for fiscal year 1993 and such sums as are necessary for fiscal years 1994, 1995, 1996, and 1997.’. [<-Struck out]

[Struck out->]

TITLE V--EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT

[<-Struck out]

[Struck out->] SECTION 501. SHORT TITLE. [<-Struck out]

    [Struck out->] This title may be cited as the ‘Equal Justice for Women in the Courts Act of 1993’. [<-Struck out]

[Struck out->]

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

[<-Struck out]

[Struck out->] SEC. 511. GRANTS AUTHORIZED. [<-Struck out]

    [Struck out->] The State Justice Institute may 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. [<-Struck out]

[Struck out->] SEC. 512. TRAINING PROVIDED BY GRANTS. [<-Struck out]

    [Struck out->] Training provided pursuant to grants made under this subtitle may include current information, existing studies, or current data on-- [<-Struck out]

      [Struck out->] (1) the nature and incidence of rape and sexual assault by strangers and nonstrangers, marital rape, and incest; [<-Struck out]

      [Struck out->] (2) the underreporting of rape, sexual assault, and child sexual abuse; [<-Struck out]

      [Struck out->] (3) the physical, psychological, and economic impact of rape and sexual assault on the victim, the costs to society, and the implications for sentencing; [<-Struck out]

      [Struck out->] (4) the psychology of sex offenders, their high rate of recidivism, and the implications for sentencing; [<-Struck out]

      [Struck out->] (5) the historical evolution of laws and attitudes on rape and sexual assault; [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (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; [<-Struck out]

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

      [Struck out->] (9) the legitimate reasons why victims of rape, sexual assault, and incest may refuse to testify against a defendant; [<-Struck out]

      [Struck out->] (10) the nature and incidence of domestic violence; [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (12) the psychology and self-presentation of batterers and victims and the implications for court proceedings and credibility of witnesses; [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (14) historical evolution of laws and attitudes on domestic violence; [<-Struck out]

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

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (18) the need for orders of protection, and the implications of mutual orders of protection, dual arrest policies, and mediation in domestic violence cases; [<-Struck out]

      [Struck out->] (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 [<-Struck out]

      [Struck out->] (20) current information on the impact of pornography on crimes against women, or data on other activities that tend to degrade women. [<-Struck out]

[Struck out->] SEC. 513. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER THIS TITLE. [<-Struck out]

    [Struck out->] 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. [<-Struck out]

[Struck out->] SEC. 514. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

    [Struck out->] There is authorized to be appropriated to carry out this subtitle $600,000 for fiscal year 1993. 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. [<-Struck out]

[Struck out->]

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

[<-Struck out]

[Struck out->] SEC. 521. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING GRANTS. [<-Struck out]

    [Struck out->] (a) STUDY- In order to gain a better understanding of the nature and the extent of gender bias in the Federal courts, the circuit judicial councils are encouraged to conduct studies of the instances, if any, of gender bias in their respective circuits. The studies may include an examination of the effects of gender on-- [<-Struck out]

      [Struck out->] (1) the treatment of litigants, witnesses, attorneys, jurors, and judges in the courts, including before magistrate and bankruptcy judges; [<-Struck out]

      [Struck out->] (2) the interpretation and application of the law, both civil and criminal; [<-Struck out]

      [Struck out->] (3) treatment of defendants in criminal cases; [<-Struck out]

      [Struck out->] (4) treatment of victims of violent crimes; [<-Struck out]

      [Struck out->] (5) sentencing; [<-Struck out]

      [Struck out->] (6) sentencing alternatives, facilities for incarceration, and the nature of supervision of probation and parole; [<-Struck out]

      [Struck out->] (7) appointments to committees of the Judicial Conference and the courts; [<-Struck out]

      [Struck out->] (8) case management and court sponsored alternative dispute resolution programs; [<-Struck out]

      [Struck out->] (9) the selection, retention, promotion, and treatment of employees; [<-Struck out]

      [Struck out->] (10) appointment of arbitrators, experts, and special masters; and [<-Struck out]

      [Struck out->] (11) the aspects of the topics listed in section 512 that pertain to issues within the jurisdiction of the Federal courts. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (c) MODEL PROGRAMS- The Federal Judicial Center, in carrying out section 620(b)(3) of title 28, United States Code, may-- [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (2) prepare materials necessary to implement this subsection; and [<-Struck out]

      [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 522. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

    [Struck out->] (a) IN GENERAL- There is authorized to be appropriated-- [<-Struck out]

      [Struck out->] (1) $400,000 to the Salaries and Expenses Account of the Courts of Appeals, District Courts, and other Judicial Services, to carry out section 521(a), to be available until expended through fiscal year 1994; [<-Struck out]

      [Struck out->] (2) $100,000 to the Federal Judicial Center to carry out section 521(c) and any activities designated by the Judicial Conference under section 521(b); and [<-Struck out]

      [Struck out->] (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 521(b). [<-Struck out]

    [Struck out->] (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-- [<-Struck out]

      [Struck out->] (A) undertake studies in their own circuits; or [<-Struck out]

      [Struck out->] (B) implement reforms recommended as a result of such studies in their own or other circuits, including education and training. [<-Struck out]

    [Struck out->] (2) Funds shall be allocated to Federal circuits under this subtitle on a first come first serve basis in an amount not to exceed $50,000 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. [<-Struck out]

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Violence Against Women Act of 1993’.

SEC. 2. TABLE OF CONTENTS.

      Sec. 1. Short title.

      Sec. 2. Table of contents.

TITLE I--SAFE STREETS FOR WOMEN

      Sec. 101. Short title.

Subtitle A--Federal Penalties for Sex Crimes

      Sec. 111. Repeat offenders.

      Sec. 112. Federal penalties.

      Sec. 113. Mandatory restitution for sex crimes.

      Sec. 114. Authorization for Federal victim’s counselors.

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

      Sec. 121. Grants to combat violent crimes against women.

Subtitle C--Safety for Women in Public Transit and Public Parks

      Sec. 131. Grants for capital improvements to prevent crime in public transportation.

      Sec. 132. Grants for capital improvements to prevent crime in national parks.

      Sec. 133. Grants for capital improvements to prevent crime in public parks.

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

      Sec. 141. Establishment.

      Sec. 142. General purposes of task force.

      Sec. 143. Membership.

      Sec. 144. Task Force operations.

      Sec. 145. Reports.

      Sec. 146. Executive director and staff.

      Sec. 147. Powers of Task Force.

      Sec. 148. Authorization of appropriations.

      Sec. 149. Termination.

Subtitle E--New Evidentiary Rules

      Sec. 151. Sexual history in all criminal cases.

      Sec. 152. Sexual history in civil cases.

      Sec. 153. Amendments to rape shield law.

      Sec. 154. Evidence of clothing.

Subtitle F--Assistance to Victims of Sexual Assault

      Sec. 161. Education and prevention grants to reduce sexual assaults against women.

      Sec. 162. Rape exam payments.

      Sec. 163. Education and prevention grants to reduce sexual abuse of female runaway, homeless, and street youth.

      Sec. 164. Victim’s right of allocution in sentencing.

TITLE II--SAFE HOMES FOR WOMEN

      Sec. 201. Short title.

Subtitle A--Family Violence Prevention and Services Act Amendments

      Sec. 211. Grant for a national domestic violence hotline.

Subtitle B--Interstate Enforcement

      Sec. 221. Interstate enforcement.

Subtitle C--Arrest in Spousal Abuse Cases

      Sec. 231. Encouraging arrest policies.

Subtitle D--Domestic Violence Family Support and Shelter Grants

      Sec. 241. Authorization of appropriations.

Subtitle E--Family Violence Prevention and Services Act Amendments

      Sec. 251. Grantee reporting.

Subtitle F--Youth Education and Domestic Violence

      Sec. 261. Educating youth about domestic violence.

Subtitle G--Confidentiality for Abused Persons

      Sec. 271. Confidentiality of abused person’s address.

Subtitle H--Technical Amendments

      Sec. 281. State domestic violence coalitions.

Subtitle I--Data and Research

      Sec. 291. Report on recordkeeping.

      Sec. 292. Research agenda.

      Sec. 293. State databases.

      Sec. 294. Number and cost of injuries.

TITLE III--CIVIL RIGHTS

      Sec. 301. Short title.

      Sec. 302. Civil rights.

      Sec. 303. Attorney’s fees.

      Sec. 304. Sense of the Senate concerning protection of the privacy of rape victims.

TITLE IV--SAFE CAMPUSES FOR WOMEN

      Sec. 401. Authorization of appropriations.

TITLE V--EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT

      Sec. 501. Short title.

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

      Sec. 511. Grants authorized.

      Sec. 512. Training provided by grants.

      Sec. 513. Cooperation in developing programs in making grants under this title.

      Sec. 514. Authorization of appropriations.

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

      Sec. 521. Authorizations of circuit studies; education and training grants.

      Sec. 522. Authorization of appropriations.

TITLE VI--VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS

      Sec. 601. Pre-trial detention in sex offense cases.

      Sec. 602. Increased penalties for sex offenses against victims below the age of 16.

      Sec. 603. Payment of cost of hiv testing for victims in sex offense cases.

      Sec. 604. Extension and strengthening of restitution.

      Sec. 605. Enforcement of restitution orders through suspension of Federal benefits.

      Sec. 606. Inadmissibility of evidence to show provocation or invitation by victim in sex offense cases.

      Sec. 607. National baseline study on campus sexual assault.

      Sec. 608. Report on battered women’s syndrome.

      Sec. 609. Report on confidentiality of addresses for victims of domestic violence.

      Sec. 610. Report on recordkeeping relating to domestic violence.

      Sec. 611. Report on fair treatment in legal proceedings.

      Sec. 612. Report on Federal rule of evidence 404.

      Sec. 613. Supplementary grants for States adopting effective laws relating to sexual violence.

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--Federal Penalties for Sex Crimes

SEC. 111. REPEAT OFFENDERS.

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

‘Sec. 2247. Repeat offenders

    ‘Any person who violates a provision of this chapter, after one or more prior convictions for an offense punishable under this chapter, or after one or more prior convictions under the laws of any State or foreign country relating to aggravated sexual abuse, sexual abuse, or abusive sexual contact have become final, is punishable by a term of imprisonment up to twice that otherwise authorized.’.

    (b) RECOMMENDATION BY THE SENTENCING COMMISSION- The Sentencing Commission shall implement the amendment made by subsection (a) by recommending to the Congress amendments, if appropriate, in the sentencing guidelines applicable to chapter 109A offenses.

    (c) CHAPTER ANALYSIS- The chapter analysis for chapter 109A of title 18, United States Code, is amended by adding at the end the following new item:

      ‘2247. Repeat offenders.’.

SEC. 112. FEDERAL PENALTIES.

    (a) AMENDMENT OF SENTENCING GUIDELINES- Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend, where necessary, its sentencing guidelines on aggravated sexual abuse under section 2241 of title 18, United States Code, or sexual abuse under section 2242 of title 18, United States Code, as follows:

      (1) The Commission shall review and recommend amendments to the guidelines, if appropriate, to enhance penalties if more than 1 offender is involved in the offense.

      (2) The Commission shall review and recommend amendments to the guidelines, if appropriate, to reduce unwarranted disparities between the sentences for sex offenders who are known to the victim and sentences for sex offenders who are not known to the victim.

      (3) The Commission shall review and recommend amendments to the guidelines to enhance penalties, if appropriate, to render Federal penalties on Federal territory commensurate with penalties for similar offenses in the States.

      (4) The Commission shall review and recommend amendments to the guidelines, if appropriate, to account for the general problem of recidivism in cases of sex offenses, the severity of the offense, and its devastating effects on survivors.

    (b) REPORT- Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission shall review and submit to Congress a report containing an analysis of Federal rape sentencing, accompanied by comment from independent experts in the field, describing--

      (1) comparative Federal sentences for cases in which the rape victim is known to the defendant and cases in which the defendant is not known to the defendant;

      (2) comparative Federal sentences for cases on Federal territory and sentences in surrounding States; and

      (3) an analysis of the effect of rape sentences on populations residing primarily on Federal territory relative to the impact of other Federal offenses in which the existence of Federal jurisdiction depends upon the offense’s being committed on Federal territory.

SEC. 113. MANDATORY RESTITUTION FOR SEX CRIMES.

    (a) SEXUAL ABUSE- (1) Chapter 109A of title 18, United States Code, is amended by adding at the end thereof the following:

‘Sec. 2248. Mandatory restitution

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

    ‘(b) SCOPE AND NATURE OF ORDER- (1) The order of restitution under this section shall direct that--

      ‘(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court, pursuant to paragraph (2); and

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

    ‘(2) For purposes of 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) necessary transportation, temporary housing, and child care expenses;

      ‘(D) lost income;

      ‘(E) attorneys’ fees, expert witness and investigators’ fees, interpretive services, and court costs; and

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

    ‘(3) 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)(A) 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) 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) 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) 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 for the victim’s other losses before any restitution is paid to any other provider of compensation.

    ‘(5) 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) Within 60 days after conviction and, in any event, no later than 10 days prior to sentencing, the United States Attorney (or the United States 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 United States Attorney’s delegee) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the United States Attorney’s delegee) shall advise the victim that the victim may file a separate affidavit and shall provide the victim with an affidavit form which may be used to do so.

    ‘(2) 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 the United States Attorney’s delegee) to submit further affidavits or other supporting documents, demonstrating the victim’s losses.

    ‘(3) 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) 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 the United States Attorney’s 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) DEFINITIONS- For purposes of this section, the term ‘victim’ includes the individual harmed 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: Provided, That in no event shall the defendant be named as such representative or guardian.’.

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

      ‘2248. Mandatory restitution.’.

    (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN- (1) Chapter 110 of title 18, United States Code, is amended by adding at the end thereof the following:

‘Sec. 2259. Mandatory restitution

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

    ‘(b) SCOPE AND NATURE OF ORDER- (1) The order of restitution under this section shall direct that--

      ‘(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court, pursuant to paragraph (2); and

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

    ‘(2) For purposes of 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) necessary transportation, temporary housing, and child care expenses;

      ‘(D) lost income;

      ‘(E) attorneys’ fees, expert witness and investigators’ fees, interpretive services, and court costs; and

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

    ‘(3) 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)(A) 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) 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) 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) 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 for the victim’s other losses before any restitution is paid to any other provider of compensation.

    ‘(5) 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) Within 60 days after conviction and, in any event, no later than 10 days prior to sentencing, the United States Attorney (or the United States 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 United States Attorney’s delegee) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the United States Attorney’s delegee) shall advise the victim that the victim may file a separate affidavit and shall provide the victim with an affidavit form which may be used to do so.

    ‘(2) 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 the United States Attorney’s delegee) to submit further affidavits or other supporting documents, demonstrating the victim’s losses.

    ‘(3) 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) 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 the United States Attorney’s 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) DEFINITIONS- For purposes of this section, the term ‘victim’ includes the individual harmed 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: Provided, That in no event shall the defendant be named as such representative or guardian.’.

    (2) The table of sections for chapter 110 of title 18, United States Code, is amended by adding at the end thereof the following:

      ‘2259. Mandatory restitution.’.

SEC. 114. AUTHORIZATION FOR FEDERAL VICTIM’S COUNSELORS.

    There is authorized to be appropriated for fiscal year 1994, $1,500,000 for the United States Attorneys for the purpose of appointing Victim/Witness Counselors for the prosecution of sex crimes and domestic violence crimes where applicable (such as the District of Columbia).

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

SEC. 121. 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.), as amended by section 4 of Public Law 102-521 (106 Stat. 3404), is amended by--

      (1) redesignating part Q as part R;

      (2) redesignating section 1701 as section 1801; and

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

‘Part Q--Grants To Combat Violent Crimes Against Women

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

    ‘(a) GENERAL PROGRAM PURPOSE- The purpose of this part is to assist States, Indian tribes, cities, and other localities to develop effective law enforcement and prosecution strategies to combat violent crimes against women and, in particular, to focus efforts on those areas with the highest rates of violent crime 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 more effectively identify and respond to violent crimes against women, including the crimes of sexual assault and domestic violence;

      ‘(2) developing, training, or expanding units of law enforcement officers and prosecutors specifically targeting 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 identifying and responding 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 for the purpose of identifying and tracking arrests, 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 the crimes of sexual assault and domestic violence.

‘Subpart 1--High Intensity Crime Area Grants

‘SEC. 1711. HIGH INTENSITY GRANTS.

    ‘(a) IN GENERAL- The Director of the Bureau of Justice Assistance (referred to in this part as the ‘Director’) shall make grants to areas of ‘high intensity crime’ against women.

    ‘(b) DEFINITION- For purposes of this part, ‘high intensity crime area’ means an area with one of the 40 highest rates of violent crime against women, as determined by the Bureau of Justice Statistics pursuant to section 1712.

‘SEC. 1712. HIGH INTENSITY GRANT APPLICATION.

    ‘(a) COMPUTATION- Within 45 days after the date of enactment of this part, the Bureau of Justice Statistics shall compile a list of the 40 areas with the highest rates of violent crime against women based on the combined female victimization rate per population for assault, sexual assault (including, but not limited to, rape), murder, robbery, and kidnapping (without regard to the relationship between the crime victim and the offenders).

    ‘(b) USE OF DATA- In calculating the combined female victimization rate required by subsection (a), the Bureau of Justice Statistics may rely on--

      ‘(1) existing data collected by States, municipalities, Indian reservations or statistical metropolitan areas showing the number of police reports of the crimes listed in subsection (a); and

      ‘(2) existing data collected by the Federal Bureau of Investigation, including data from those governmental entities already complying with the National Incident Based Reporting System, showing the number of police reports of crimes listed in subsection (a).

    ‘(c) PUBLICATION- After compiling the list set forth in subsection (a), the Bureau of Justice Statistics shall convey it to the Director who shall publish it in the Federal Register.

    ‘(d) QUALIFICATION- Upon satisfying the terms of subsection (e), any high intensity crime area shall be qualified for a grant under this subpart upon application by the chief executive officer of the governmental entities responsible for law enforcement and prosecution of criminal offenses within the area and certification that--

      ‘(1) the funds shall be used to reduce the rate of violent crimes against women and for at least 3 of the purposes outlined in section 1701(b);

      ‘(2) grantees and subgrantees shall develop a plan for implementation, and otherwise consult and coordinate program grants, with nongovernmental nonprofit victim services programs; and

      ‘(3) at least 25 percent of the amount granted shall be allocated, without duplication, to each of the following three areas: prosecution, law enforcement, and victim services.

    ‘(e) APPLICATION REQUIREMENTS- The application requirements provided in section 513 of this title shall apply to grants made under this subpart. In addition, each application must provide the certifications required by subsection (d) including documentation from nonprofit nongovernmental victim services programs showing their participation in developing the plan required by subsection (d)(2). Applications shall--

      ‘(1) include documentation from the prosecution, law enforcement, and victim services programs to be assisted showing--

        ‘(A) need for the grant funds;

        ‘(B) intended use of the grant funds;

        ‘(C) expected results from the use of grant funds; and

        ‘(D) demographic characteristics of the population to be served, including age, marital status, disability, race, ethnicity, and language background; and

      ‘(2) include proof of compliance with the requirements for the payment of forensic medical exams provided in section 162 of this title.

    ‘(f) DISBURSEMENT-

      ‘(1) No later than 60 days after the receipt of an application under this subpart, the Director shall either disburse the appropriate sums provided for under this subpart or shall inform the applicant why the application does not conform to the terms of section 513 of this title or to the requirements of this section.

      ‘(2) In disbursing monies under this subpart, the Director shall issue regulations to ensure that grantees--

        ‘(A) equitably distribute funds on a geographic basis;

        ‘(B) determine the amount of subgrants based on the population to be served;

        ‘(C) give priority to areas with the greatest showing of need; and

        ‘(D) recognize and address the needs of underserved populations.

    ‘(g) GRANTEE REPORTING- (1) Upon completion of the grant period under this subpart, the grantee shall file a performance report with the Director explaining the activities carried out together with an assessment of the effectiveness of those activities in achieving the purposes of this part.

    ‘(2) A section of the performance report shall be completed by each grantee or subgrantee performing the services contemplated in the grant application, certifying performance of the services under the grants.

    ‘(3) The Director shall suspend funding for an approved application if an applicant fails to submit an annual performance report or if funds are expended for purposes other than those set forth under this subpart. Federal funds may be used to supplement, not supplant, State funds.

‘Subpart 2--Other Grants to States To Combat Violent Crimes Against Women

‘SEC. 1721. GENERAL GRANTS TO STATES.

    ‘(a) GENERAL GRANTS- The Director may 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) AMOUNTS- From amounts appropriated, the amount of grants under subsection (a) shall be--

      ‘(1) $500,000 to each State; and

      ‘(2) that portion of the then remaining available money to each State that results from a distribution among the States on the basis of each State’s population in relation to the population of all States.

    ‘(c) QUALIFICATION- Upon satisfying the terms of subsection (d), any State shall be qualified for funds provided under this part upon certification that--

      ‘(1) the funds shall be used to reduce the rate of violent crimes against women and for at least 3 of the purposes outlined in section 1701(b);

      ‘(2) grantees and subgrantees shall develop a plan for implementation, and otherwise consult and coordinate, with nonprofit nongovernmental victim services programs, including sexual assault and domestic violence victim services programs; and

      ‘(3) at least 25 percent of the amount granted shall be allocated, without duplication, to each of the following three areas: prosecution, law enforcement, and victim services.

    ‘(d) APPLICATION REQUIREMENTS- The application requirements provided in section 513 of this title shall apply to grants made under this subpart. In addition, each application shall include the certifications of qualification required by subsection (c) including documentation from nonprofit nongovernmental victim services programs showing their participation in developing the plan required by subsection (c)(2). Applications shall--

      ‘(1) include documentation from the prosecution, law enforcement, and victim services programs to be assisted showing--

        ‘(A) need for the grant funds;

        ‘(B) intended use of the grant funds;

        ‘(C) expected results from the use of grant funds; and

        ‘(D) demographic characteristics of the populations to be served, including age, marital status, disability, race, ethnicity and language background; and

      ‘(2) proof of compliance with the requirements for the payment of forensic medical exams provided in section 162 of this title.

    ‘(e) DISBURSEMENT- (1) No later than 60 days after the receipt of an application under this subpart, the Director shall either disburse the appropriate sums provided for under this subpart or shall inform the applicant why the application does not conform to the terms of section 513 of this title or to the requirements of this section.

    ‘(2) In disbursing monies under this subpart, the Director shall issue regulations to ensure that States will--

      ‘(A) give priority to areas with the greatest showing of need;

      ‘(B) determine the amount of subgrants based on the population and geographic area to be served;

      ‘(C) equitably distribute monies on a geographic basis including nonurban and rural areas, and giving priority to localities with populations under 100,000; and

      ‘(D) recognize and address the needs of underserved populations.

    ‘(f) GRANTEE REPORTING- Upon completion of the grant period under this subpart, the State grantee shall file a performance report with the Director explaining the activities carried out together with an assessment of the effectiveness of those activities in achieving the purposes of this subpart. A section of this performance report shall be completed by each grantee and subgrantee that performed the direct services contemplated in the application, certifying performance of direct services under the grant. The Director shall suspend funding for an approved application if an applicant fails to submit an annual performance report or if funds are expended for purposes other than those set forth under this subpart. Federal funds may only be used to supplement, not supplant, State funds.

‘SEC. 1722. 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 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--

      ‘(1) the funds shall be used to reduce the rate of violent crimes against women and for at least 3 of the purposes outlined in section 1701(b);

      ‘(2) grantees and subgrantees shall develop a plan for implementation, and otherwise consult and coordinate with nonprofit; and

      ‘(3) at least 25 percent of the grant funds shall be allocated to each of the following three areas: prosecution, law enforcement, and victim services.

    ‘(d) APPLICATION REQUIREMENTS- (1) 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 under section 201 of Public Law 90-284 (25 U.S.C. 1301) or part 11 of title 25, Code of Federal Regulations.

    ‘(2) Applications shall be in such form as the Director may prescribe 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 extent to which the program plans to use or incorporate existing victim services available in the Indian country where the grant will be used.

    ‘(3) The term of any grant shall be for a minimum of 3 years.

    ‘(e) GRANTEE REPORTING- At the end of the first 12 months of the grant period and at the end of each year thereafter, the Indian tribal grantee shall file a performance report with the Director explaining the activities carried out together with an assessment of the effectiveness of those activities in achieving the purposes of this subpart. A section of this performance report shall be completed by each grantee or subgrantee that performed the direct services contemplated in the application, certifying performance of direct services under the grant. The Director shall suspend funding for an approved application if an applicant fails to submit an annual performance report or if funds are expended for purposes other than those set forth under this subpart. Federal funds may only be used to supplement, not supplant, State funds.

    ‘(f) DEFINITIONS- (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.

    ‘(2) The term ‘Indian country’ has the meaning stated in section 1151 of title 18, United States Code.

‘Subpart 3--General Terms and Conditions

‘SEC. 1731. GENERAL DEFINITIONS.

    ‘As used in this part--

      ‘(1) the term ‘victim services’ means any nongovernmental nonprofit organization that assists victims, including rape crisis centers, battered women’s shelters, or other rape or domestic violence programs, including nonprofit nongovernmental organizations assisting victims through the legal process;

      ‘(2) the term ‘prosecution’ means any public agency charged with direct responsibility for prosecuting criminal offenders, including such agency’s component bureaus (such as governmental victim/witness programs);

      ‘(3) the term ‘law enforcement’ means any public agency charged with policing functions, including any of its component bureaus (such as governmental victim services programs);

      ‘(4) the term ‘sexual assault’ includes not only assaults committed by offenders who are strangers to the victim but also assaults committed by offenders who are known or related by blood or marriage to the victim;

      ‘(5) the term ‘domestic violence’ includes felony or misdemeanor offenses committed by a current or former spouse of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse, a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or committed by any other adult person upon a victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction receiving grant monies; and

      ‘(6) the term ‘underserved populations’ includes populations underserved because of geographic location (such as rural isolation), underserved racial or ethnic populations, and populations underserved because of special needs, such as language barriers or physical disabilities.

‘SEC. 1732. GENERAL TERMS AND CONDITIONS.

    ‘(a) NONMONETARY ASSISTANCE- In addition to the assistance provided under subparts 1 or 2, the Director may direct 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) in support of State and local assistance efforts.

    ‘(b) BUREAU REPORTING- No 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 Judiciary Committees of the House and the Senate a report that includes, for each high intensity crime area (as provided in subpart 1) and for each State and for each grantee Indian tribe (as provided in subpart 2)--

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

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

      ‘(3) a statistical summary of persons served, detailing the nature of victimization, and providing data on age, sex, relationship of victim to offender, geographic distribution, race, ethnicity, language, and disability; and

      ‘(4) a copy of each grantee report filed pursuant to sections 1712(g), 1721(f) and 1722(c).

    ‘(c) REGULATIONS- No later than 90 days after the date of enactment of this part, the Director shall publish proposed regulations implementing this part. No later than 120 days after such date, the Director shall publish final regulations implementing this part.

    ‘(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for each of fiscal years 1994, 1995, and 1996, $100,000,000 to carry out subpart 1, and $190,000,000 to carry out subpart 2, and $10,000,000 to carry out section 1722 of subpart 2.’.

    (b) TECHNICAL 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--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

      ‘Sec. 1701. Purpose of the program and grants.

‘SUBPART 1--HIGH INTENSITY CRIME AREA GRANTS

      ‘Sec. 1711. High intensity grants.

      ‘Sec. 1712. High intensity grant application.

‘SUBPART 2--OTHER GRANTS TO STATES TO COMBAT VIOLENT CRIMES AGAINST WOMEN

      ‘Sec. 1721. General grants to States.

      ‘Sec. 1722. General grants to tribes.

‘SUBPART 3--GENERAL TERMS AND CONDITIONS

      ‘Sec. 1731. General definitions.

      ‘Sec. 1732. General terms and conditions.

‘Part R--TRANSITION--EFFECTIVE DATE--REPEALER

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

Subtitle C--Safety for Women in Public Transit and Public Parks

SEC. 131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC TRANSPORTATION.

    Section 24 of the Urban Mass Transportation Act of 1964 (49 U.S.C. App. 1620) is amended to read as follows:

‘GRANTS TO PREVENT CRIME IN PUBLIC TRANSPORTATION

    ‘SEC. 24. (a) GENERAL PURPOSE- From funds authorized under section 21, not to exceed $10,000,000, the Secretary shall make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. None of the provisions of this Act may be construed to prohibit the financing of projects under this section where law enforcement responsibilities are vested in a local public body other than the grant applicant.

    ‘(b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE, AND SECURITY PHONES-

      ‘(1) From the sums authorized for expenditure under this section for crime prevention, the Secretary is authorized to make grants and loans to States and local public bodies or agencies for the purpose of increasing the safety of public transportation by--

        ‘(A) increasing lighting within or adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages;

        ‘(B) increasing camera surveillance of areas within and adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages;

        ‘(C) providing emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages; or

        ‘(D) any other project intended to increase the security and safety of existing or planned public transportation systems.

      ‘(2) From the sums authorized under this section, at least 75 percent shall be expended on projects of the type described in subsection (b)(1) (A) and (B).

    ‘(c) REPORTING- All grants under this section are contingent upon the filing of a report with the Secretary and the Department of Justice, Office of Victims of Crime, showing crime rates in or adjacent to public transportation before, and for a 1-year period after, the capital improvement. Statistics shall be broken down by type of crime, sex, race, ethnicity, language, and relationship of victim to the offender.

    ‘(d) INCREASED FEDERAL SHARE- Notwithstanding any other provision of this Act, the Federal share under this section for each capital improvement project which enhances the safety and security of public transportation systems and which is not required by law (including any other provision of this chapter) shall be 90 percent of the net project cost of such project.

    ‘(e) SPECIAL GRANTS FOR PROJECTS TO STUDY INCREASING SECURITY FOR WOMEN- From the sums authorized under this section, the Secretary shall provide grants and loans for the purpose of studying ways to reduce violent crimes against women in public transit through better design or operation of public transit systems.

    ‘(f) GENERAL REQUIREMENTS- All grants or loans provided under this section shall be subject to all the terms, conditions, requirements, and provisions applicable to grants and loans made under section 2(a).’.

SEC. 132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN NATIONAL PARKS.

    Public Law 91-383 (commonly known as the National Park System Improvements in Administration Act) (16 U.S.C. 1a-1 et seq.) is amended by adding at the end the following new section:

‘SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE.

    ‘(a) From the sums authorized pursuant to section 7 of the Land and Water Conservation Act of 1965, not to exceed $10,000,000, the Secretary of the Interior may provide Federal assistance to reduce the incidence of violent crime in the National Park System.

    ‘(b) The Secretary shall direct the chief official responsible for law enforcement within the National Park Services to--

      ‘(1) compile a list of areas within the National Park System with the highest rates of violent crime;

      ‘(2) make recommendations concerning capital improvements, and other measures, needed within the National Park System to reduce the rates of violent crime, including the rate of sexual assault; and

      ‘(3) publish the information required by paragraphs (1) and (2) in the Federal Register.

    ‘(c) No later than 120 days after the date of enactment of this section, and based on the recommendations and list issued pursuant to subsection (b), the Secretary shall distribute funds throughout the National Park Service. Priority shall be given to those areas with the highest rates of sexual assault.

    ‘(d) Funds provided under this section may be used for the following purposes:

      ‘(1) To increase lighting within or adjacent to public parks and recreation areas.

      ‘(2) To provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to public parks and recreation areas.

      ‘(3) To increase security or law enforcement personnel within or adjacent to public parks and recreation areas.

      ‘(4) Any other project intended to increase the security and safety of public parks and recreation areas.’.

SEC. 133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC PARKS.

    Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8) is amended by adding at the end the following new subsection:

    ‘(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE CRIME- In addition to assistance for planning projects, and in addition to the projects identified in subsection (e), and from amounts appropriated, the Secretary shall provide financial assistance to the States, not to exceed $15,000,000 in total, for the following types of projects or combinations thereof:

      ‘(1) For the purpose of making capital improvements and other measures to increase safety in urban parks and recreation areas, including funds to--

        ‘(A) increase lighting within or adjacent to public parks and recreation areas;

        ‘(B) provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to public parks and recreation areas;

        ‘(C) increase security personnel within or adjacent to public parks and recreation areas; and

        ‘(D) fund any other project intended to increase the security and safety of public parks and recreation areas.

      ‘(2) In addition to the requirements for project approval imposed by this section, eligibility for assistance under this subsection is dependent upon a showing of need. In providing funds under this subsection, the Secretary shall give priority to those projects proposed for urban parks and recreation areas with the highest rates of crime and, in particular, to urban parks and recreation areas with the highest rates of sexual assault.

      ‘(3) Notwithstanding subsection (c), the Secretary may provide 70 percent improvement grants for projects undertaken by any State for the purposes outlined in this subsection. The remaining share of the cost shall be borne by the State.’.

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

SEC. 141. ESTABLISHMENT.

    Not later than 30 days after the date of enactment of this Act, the Attorney General shall establish a task force to be known as the Attorney General’s Task Force on Violence Against Women (referred to in this subtitle as the ‘Task Force’).

SEC. 142. GENERAL PURPOSES OF TASK FORCE.

    (a) GENERAL PURPOSE OF THE TASK FORCE- The Task Force shall recommend Federal, State, and local strategies for preventing and sanctioning violent crime against women, including the enhancement and protection of the rights of the victims of such crimes.

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

      (1) evaluating the adequacy of, and make recommendations regarding, current law enforcement efforts at the Federal and State levels to reduce the rate of violent crimes against women and to punish those responsible for such crime;

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

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

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

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

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

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

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

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

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

SEC. 143. MEMBERSHIP.

    (a) IN GENERAL- The Task Force shall consist of up to 15 members, who shall be appointed by the Attorney General not later than 60 days after the date of enactment of this Act.

    (b) REPRESENTATION- The Attorney General shall choose members of the Task Force based on their education, training, or experience. The Attorney General shall ensure that the Task Force includes representatives of State and local law enforcement, judicial administration, prosecution, legal experts, persons devoted to the protection of victims’ rights, persons providing services to the victims of sexual assault or domestic violence, and survivors of violence.

    (c) CONGRESSIONAL COMMITTEE RECOMMENDATIONS- In making appointments to the Task Force, the Attorney General shall consider the recommendations of the chairman and ranking minority members of the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

    (d) VACANCIES- A vacancy on the Task Force shall be filled in the manner in which the original appointment was made.

SEC. 144. TASK FORCE OPERATIONS.

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

    (b) CHAIRMAN- Not later than 15 days after the members of the Task Force are appointed, the Attorney General shall designate a chairman from among the members of the Task Force.

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

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

SEC. 145. REPORTS.

    (a) IN GENERAL- Not later than 1 year after the date on which the Task Force is fully constituted under section 143, the Task Force shall prepare and submit a final report to the President and to congressional committees that have jurisdiction over legislation addressing violent crimes against women, including the crimes of domestic and sexual assault.

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

SEC. 146. EXECUTIVE DIRECTOR AND STAFF.

    (a) EXECUTIVE DIRECTOR-

      (1) APPOINTMENT- The Task Force shall have an Executive Director who shall be appointed by the Chairman, with the approval of the Task Force, not later than 30 days after the Chairman is selected.

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

    (b) STAFF- With the approval of the Task Force, the Executive Director may appoint and fix the compensation of such additional personnel as the Executive Director considers necessary to carry out the duties of the Task Force.

    (c) APPLICABILITY OF CIVIL SERVICE LAWS- The Executive Director and the additional personnel of the Task Force appointed under subsection (b) may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

    (d) CONSULTANTS- Subject to such rules as may be prescribed by the Task Force, the Executive Director may procure temporary or intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed $200 per day.

SEC. 147. POWERS OF TASK FORCE.

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

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

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

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

SEC. 148. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 149. TERMINATION.

    The Task Force shall cease to exist 30 days after the date on which its final report is submitted under section 144.

Subtitle E--New Evidentiary Rules

SEC. 151. SEXUAL HISTORY IN ALL CRIMINAL CASES.

    (a) RULE- 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) REPUTATION AND OPINION EVIDENCE EXCLUDED- Notwithstanding any other 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) ADMISSIBILITY- Notwithstanding any other 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) PROCEDURES- (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 the 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 the defendant seeks to offer is relevant, not excluded by any other evidentiary rule, 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.’.

    (b) TECHNICAL AMENDMENT- The table of contents for the Federal Rules of Evidence is amended by inserting after the item relating to rule 412 the following new item:

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

      ‘(a) Reputation and opinion evidence excluded.

      ‘(b) Admissibility.

      ‘(c) Procedures.’.

SEC. 152. SEXUAL HISTORY IN CIVIL CASES.

    (a) RULE- The Federal Rules of Evidence, as amended by section 151, are amended by adding after rule 412A the following new rule:

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

    ‘(a) REPUTATION AND OPINION EVIDENCE EXCLUDED- Notwithstanding any other law, in a civil case in which a defendant is accused of actionable sexual misconduct, reputation or opinion evidence of the plaintiff’s past sexual behavior is not admissible.

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

      ‘(1) it 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) PROCEDURES- (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 the 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 that 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 the purpose, shall accept evidence on the issue of whether the 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 the defendant seeks to offer is relevant and not excluded by any other evidentiary rule, and that the probative value of the evidence outweighs the danger of unfair prejudice, the evidence shall be admissible in the trial to the extent an order made by the court specifies evidence that 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) DEFINITIONS- For purposes of this rule, a case involving a claim of actionable sexual misconduct, includes sexual harassment or sex discrimination claims brought pursuant to title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000(e)) and gender bias claims brought pursuant to title III of the Violence Against Women Act of 1993.’.

    (b) TECHNICAL AMENDMENT- The table of contents for the Federal Rules of Evidence, as amended by section 151, is amended by inserting after the item relating to rule 412A the following new item:

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

      ‘(a) Reputation and opinion evidence excluded.

      ‘(b) Admissible evidence.

      ‘(c) Procedures.

      ‘(d) Definitions.’.

SEC. 153. AMENDMENTS TO RAPE SHIELD LAW.

    (a) RULE- Rule 412 of the Federal Rules of Evidence is amended--

      (1) by adding at the end the following new subdivisions:

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

    ‘(f) RULE OF RELEVANCE AND PRIVILEGE- If the prosecution seeks to offer evidence of prior sexual history, the provisions of this rule may be waived by the alleged victim.’; and

      (2) by adding at the end of subdivision (c)(3) the following: ‘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.’.

    (b) TECHNICAL AMENDMENT- The table of contents for the Federal Rules of Evidence is amended by adding at the end the item relating to rule 412 the following:

      ‘(e) Interlocutory appeal.

      ‘(f) Rule of relevance and privilege.’.

SEC. 154. EVIDENCE OF CLOTHING.

    (a) RULE- The Federal Rules of Evidence, as amended by section 152, are amended by adding after rule 412B the following new rule:

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

    ‘Notwithstanding any other 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.’.

    (b) TECHNICAL AMENDMENT- The table of contents for the Federal Rules of Evidence, as amended by section 152, is amended by inserting after the item relating to rule 412B the following new item:

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

Subtitle F--Assistance to Victims of Sexual Assault

SEC. 161. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS AGAINST WOMEN.

    Part A of title XIX of the Public Health and Health Services Act (42 U.S.C. 300w et seq.) is amended by adding at the end the following new section:

‘SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.

    ‘(a) PERMITTED USE- Notwithstanding section 1904(a)(1), amounts transferred by the State for use under this part may be used for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities, which programs may include--

      ‘(1) educational seminars;

      ‘(2) the operation of hotlines;

      ‘(3) training programs for professionals;

      ‘(4) the preparation of informational materials; and

      ‘(5) other efforts to increase awareness of the facts about, or to help prevent, sexual assault, including efforts to increase awareness in underserved racial, ethnic, and language minority communities.

    ‘(b) TARGETING OF EDUCATION PROGRAMS- States providing grant monies must ensure that at least 25 percent of the monies are devoted to education programs targeted for middle school, junior high school, and high school students.

    ‘(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $65,000,000 for each of fiscal years 1994, 1995, and 1996.

    ‘(d) LIMITATION- Funds authorized under this section may only be used for providing rape prevention and education programs.

    ‘(e) DEFINITION- For purposes of this section, the term ‘rape prevention and education’ includes education and prevention efforts directed at offenses committed by offenders who are not known to the victim as well as offenders who are known to the victim.

    ‘(f) TERMS- States shall be allotted funds under this section pursuant to the terms of sections 1902 and 1903, and subject to the conditions provided in this section and sections 1904 through 1909.’.

SEC. 162. RAPE EXAM PAYMENTS.

    (a) No State or other grantee 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. A State or other grantee does not incur the full medical cost of forensic medical exams if it chooses to reimburse the victim after the fact unless the reimbursement program waives any minimum loss or deductible requirement, provides victim reimbursement within a reasonable time (90 days), permits applications for reimbursement within one year from the date of the exam, and provides information to all subjects of forensic medical exams about how to obtain reimbursement.

    (b) Within 90 days after the enactment of this Act, the Director of the Office of Victims of Crime shall propose regulations to implement this section, detailing qualified programs. Such regulations shall specify the type and form of information to be provided victims, including provisions for multilingual information, where appropriate.

SEC. 163. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF FEMALE RUNAWAY, HOMELESS, AND STREET YOUTH.

    Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et seq.) is amended by--

      (1) redesignating sections 316 and 317 as sections 317 and 318, respectively; and

      (2) inserting after section 315 the following new section:

‘GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION

    ‘SEC. 316. (a) IN GENERAL- The Secretary shall make grants under this section to private, nonprofit agencies for street-based outreach and education, including treatment, counseling, and information and referral, for female runaway, homeless, and street youth who have been subjected to or are at risk of being subjected to sexual abuse.

    ‘(b) PRIORITY- In selecting among applicants for grants under subsection (a), the Secretary shall give priority to agencies that have experience in providing services to female runaway, homeless, and street youth.

    ‘(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 1994, 1995, and 1996.

    ‘(d) DEFINITIONS- For the purposes of this section--

      ‘(1) the term ‘street-based outreach and education’ includes education and prevention efforts directed at offenses committed by offenders who are not known to the victim as well as offenders who are known to the victim; and

      ‘(2) the term ‘street youth’ means a female less than 21 years old who spends a significant amount of time on the street or in other areas of exposure to encounters that may lead to sexual abuse.’.

SEC. 164. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

    Rule 32 of the Federal Rules of Criminal Procedure is amended--

      (1) by striking ‘and’ at the end of subdivision (a)(1)(B);

      (2) by striking the period at the end of subdivision (a)(1)(C) and inserting ‘; and’;

      (3) by inserting after subdivision (a)(1)(C) the following new subdivision:

      ‘(D) if sentence is to be imposed for a crime of violence or sexual abuse, address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and to present any information in relation to the sentence.’;

      (4) in the penultimate sentence of subdivision (a)(1), by striking ‘equivalent opportunity’ and inserting ‘opportunity equivalent to that of the defendant’s counsel’;

      (5) in the last sentence of subdivision (a)(1) by inserting ‘the victim,’ before ‘or the attorney for the Government.’; and

      (6) by adding at the end the following new subdivision:

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

      ‘(1) the term ‘victim’ means any person against whom an offense for which a sentence is to be imposed has been committed, but the right of allocution under subdivision (a)(1)(D) may be exercised instead by--

        ‘(A) a parent or legal guardian in case the victim is below the age of 18 years or incompetent; or

        ‘(B) 1 or more family members or relatives designated by the court in case the victim is deceased or incapacitated,

      if such person or persons are present at the sentencing hearing, regardless of whether the victim is present; and

      ‘(2) the term ‘crime of violence or sexual abuse’ means a crime that involved the use or attempted or threatened use of physical force against the person or property of another, or a crime under chapter 109A of title 18, United States Code.’.

TITLE II--SAFE HOMES FOR WOMEN

SEC. 201. SHORT TITLE.

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

Subtitle A--Family Violence Prevention and Services Act Amendments

SEC. 211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE.

    The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended by adding at the end the following new section:

‘SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

    ‘(a) IN GENERAL- The Secretary may award a grant to a private, nonprofit entity to provide for the operation of a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence.

    ‘(b) ACTIVITIES- Funds received by an entity under this section shall be utilized to open and operate a national, toll-free domestic violence hotline. Such funds may be used for activities including--

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

      ‘(2) employing, training and supervising personnel to answer incoming calls and provide counseling and referral services to callers on a 24-hour-a-day basis;

      ‘(3) assembling, maintaining, and continually updating a database of information and resources to which callers may be referred throughout the United States; and

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

    ‘(c) APPLICATION- A grant may not be made under this section unless an application for such grant has been approved by the Secretary. To be approved by the Secretary under this subsection an application shall--

      ‘(1) provide such agreements, assurances, and information, be in such form and be submitted in such manner as the Secretary shall prescribe through notice in the Federal Register;

      ‘(2) include a complete description of the applicant’s plan for the operation of a national domestic violence hotline, including descriptions of--

        ‘(A) the training program for hotline personnel;

        ‘(B) the hiring criteria for hotline personnel;

        ‘(C) the methods for the creation, maintenance and updating of a resource database; and

        ‘(D) a plan for publicizing the availability of the hotline;

      ‘(3) demonstrate that the applicant has nationally recognized expertise in the area of domestic violence and a record of high quality service to victims of domestic violence; and

      ‘(4) contain such other information as the Secretary may require.

    ‘(d) SPECIAL CONSIDERATIONS- In considering an application under subsection (c), the Secretary shall also take into account the applicant’s ability to offer multilingual services and services for the hearing impaired.

    ‘(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $500,000 for each of fiscal years 1994, 1995, and 1996.’.

Subtitle B--Interstate Enforcement

SEC. 221. 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--VIOLENCE AGAINST SPOUSES

      ‘Sec. 2261. Traveling to commit spousal abuse.

      ‘Sec. 2262. Interstate violation of protection orders.

      ‘Sec. 2263. Interim protections.

      ‘Sec. 2264. Restitution.

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

      ‘Sec. 2266. Definitions.

‘Sec. 2261. Traveling to commit spousal abuse

    ‘(a) IN GENERAL- Any person who travels across a State line with the intent to injure, harass, intimidate his or her spouse or intimate partners and who, in the course of or as a result of such travel, commits an act that injures his or her spouse or intimate partner shall be punished as provided in subsection (c).

    ‘(b) CAUSING THE CROSSING OF A STATE LINE- Any person who causes a spouse or intimate partner to cross a State line by force, coercion, duress or fraud and, in the course or as a result of that conduct, commits an act that injures his or her spouse or intimate partner shall be punished as provided in subsection (c).

    ‘(c) PENALTIES- A person who violates this section shall be punished as follows:

      ‘(1) If permanent disfigurement or life-threatening bodily injury results, by imprisonment for not more than 20 years; if serious bodily injury results, by fine under this title or imprisonment for not more than 10 years, or both.

      ‘(2) If the offense is committed with intent to commit another felony, by fine under this title or imprisonment for not more than 10 years, or both.

      ‘(3) If the offense is committed with a dangerous weapon, with intent to do bodily harm, by fine under this title or imprisonment for not more than 5 years, or both.

      ‘(4) If the offense constitutes sexual abuse, as that conduct is described under chapter 109A of title 18, United States Code (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.

      ‘(5) In a case not described in paragraph (1), (2), (3), or (4), by fine under this title or imprisonment for not more than 5 years, or both.

    ‘(d) CRIMINAL INTENT- The criminal intent of the offender required to establish an offense under subsection (b) does not require a showing of the specific intent to violate the law of a State.

    ‘(e) NO PRIOR STATE ACTION NECESSARY- Nothing in this section requires a prior criminal prosecution or conviction or a prior civil protection order issued under State law to initiate Federal prosecution.

‘Sec. 2262. Interstate violation of protection orders

    ‘(a) IN GENERAL- Any person against whom a valid protection order has been entered who--

      ‘(1) travels across a State line with the intent to injure, harass, intimidate, or contact a spouse or intimate partner; and

      ‘(2) commits an act that injures, harasses, or intimidates a spouse or intimate partner or otherwise violates a valid protection order issued by a State,

    shall be punished as provided in subsection (c).

    ‘(b) CAUSING THE CROSSING OF A STATE LINE- Any person who causes a spouse or intimate partner to cross a State line by force, coercion, duress, or fraud, and, in the course or as a result of that conduct, commits an act that injures his or her spouse or intimate partner in violation of a valid protection order issued by a State shall be punished as provided in subsection (c).

    ‘(c) PENALTIES- A person who violates this section shall be punished as follows:

      ‘(1) If permanent disfigurement or life-threatening bodily injury results, by imprisonment for not more than 20 years; if serious bodily injury results, by fine under this title or imprisonment for not more than 10 years, or both.

      ‘(2) If the offense is committed with intent to commit another felony, by fine under this title or imprisonment for not more than 10 years, or both.

      ‘(3) If the offense is committed with a dangerous weapon, with intent to do bodily harm, by fine under this title or imprisonment for not more than 5 years, or both.

      ‘(4) If the offender has previously violated any prior protection order issued against that person for the protection of the same victim, by fine under this title or imprisonment for not more than 5 years and not less than 6 months, or both.

      ‘(5) If the offense constitutes sexual abuse, as that conduct is described under chapter 109A of title 18, United States Code (without regard to whether the conduct was committed in the special maritime, territorial or prison jurisdiction of the United States), by fine or term of imprisonment as provided for the applicable offense under chapter 109A.

      ‘(6) In a case not described in paragraph (1), (2), (3), (4), or (5), by fine under this title or imprisonment for not more than 5 years, or both.

    ‘(d) CRIMINAL INTENT- The criminal intent required to establish the offense provided in subsection (a) does not require a showing of the specific intent to violate a protection order or the law of any State.

    ‘(e) NO PRIOR STATE ACTION NECESSARY- Nothing in this section requires a prior criminal prosecution or conviction under State law to initiate Federal prosecution.

‘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 section 3663, the court shall order restitution to the victim of an offense under this chapter.

    ‘(b) SCOPE AND NATURE OF ORDER- (1) An order of restitution under this section shall direct that--

      ‘(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court, pursuant to paragraph (2); and

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

    ‘(2) For purposes of 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; and

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

    ‘(3) A restitution order under this section is 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)(A) Notwithstanding 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) 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) If 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 for the victim’s other losses before any restitution is paid to any other provider of compensation.

    ‘(5) 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) Within 60 days after conviction and, in any event, no later than 10 days prior to sentencing, the United States Attorney (or the United States 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 United States Attorney’s delegee) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the United States Attorney’s delegee) shall advise the victim that the victim may file a separate affidavit and shall provide the victim with an affidavit form which may be used to do so.

    ‘(2) If no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to paragraph (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 the United States Attorney’s delegee) to submit further affidavits or other supporting documents, demonstrating the victim’s losses.

    ‘(3) 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 subsection, shall be in camera in the judge’s chambers.

    ‘(4) If the victim’s losses are not ascertainable 10 days prior to sentencing as provided in subsection (c)(1), the United States Attorney (or the United States Attorney’s 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 an 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 and 2262.

    ‘(e) DEFINITIONS- For purposes of this section, the term ‘victim’ includes the person harmed 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, but in no event shall the defendant be named as such a representative or guardian.

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

    ‘(a) FULL FAITH AND CREDIT- Any protection order issued consistent with subsection (b) by the court of 1 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- (1) A protection order issued by a State court is consistent with this subsection if--

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

      ‘(B) 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.

    ‘(2) In the case of an order under paragraph (1) that is issued ex parte, notice and opportunity to be heard shall 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) if a cross- or counter-petition has been filed, if the court did not make specific findings that each party was entitled to such an order.

‘Sec. 2266. Definitions

    ‘As used in this chapter--

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

        ‘(A) a present or former spouse, a person who shares a child in common with an abuser, and a person who cohabits or has cohabited with an abuser as a spouse; and

        ‘(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State in which the injury occurred or where the victim resides, or any other adult person who is protected from an abuser’s acts under 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 an injunction or other order issued for the purpose of preventing violent or threatening acts by 1 spouse against his or her spouse or intimate partner, including a temporary or final order issued by a civil or criminal court (other than a support or child custody order or provision) whether obtained by filing an independent action or as a pendente lite order in another proceeding, so long as, in the case of a civil order, the 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 ‘act that injures’ includes any act, except one done in self-defense, that results in physical injury or sexual abuse;

      ‘(4) 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

      ‘(5) the term ‘travel across a State line’ includes any travel except travel across a State line by an Indian tribal member when that member remained at all times on tribal lands.’.

    (b) TECHNICAL AMENDMENT- The part analysis for part 1 of title 18, United States Code, is amended by inserting after the item for chapter 110 the following new item:

2261.’.

Subtitle C--Arrest in Spousal Abuse Cases

SEC. 231. ENCOURAGING ARREST POLICIES.

    The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.), as amended by section 211, is amended by adding at the end the following new section:

‘SEC. 317. ENCOURAGING ARREST POLICIES.

    ‘(a) PURPOSE- To encourage States, Indian tribes and localities to treat spousal violence as a serious violation of criminal law, the Secretary may make grants to eligible States, Indian tribes, municipalities, or local government entities for the following purposes:

      ‘(1) To implement pro-arrest programs and policies in police departments and to improve tracking of cases involving spousal abuse.

      ‘(2) To centralize police enforcement, prosecution, or judicial responsibility for, spousal abuse cases in one group or unit of police officers, prosecutors, or judges.

      ‘(3) To coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts.

      ‘(4) To educate judges in criminal and other courts about spousal abuse and to improve judicial handling of such cases.

    ‘(b) ELIGIBILITY- (1) Eligible grantees are those States, Indian tribes, municipalities or other local government entities that--

      ‘(A) demonstrate, through arrest and conviction statistics, that their laws or policies have been effective in significantly increasing the number of arrests made of spouse abusers;

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

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

        ‘(ii) permit warrantless arrests of spouse abusers, encourage the use of that authority, and mandate arrest of spouses violating the terms of a valid and outstanding protection order;

      ‘(C) demonstrate that their laws, policies, practices and training programs discourage ‘dual’ arrests of abused and abuser;

      ‘(D) certify that their laws, policies, and practices prohibit issuance of mutual protection orders in cases where only one spouse has sought a protection order, and require findings of mutual aggression to issue mutual protection orders in cases where both parties file a claim; and

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

    ‘(2) For purposes of this section--

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

      ‘(B) the term ‘spousal or spouse abuse’ includes a felony or misdemeanor offense committed by a current or former spouse of the victim, a person with whom the victim shares a child in common, a person who is cohabiting with or has cohabited with the victim as a spouse, a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or committed by any other adult person upon a victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction receiving grant monies.

    ‘(3) The eligibility requirements provided in this section shall take effect on the date that is 1 year after the date of enactment of this section.

    ‘(c) DELEGATION AND AUTHORIZATION- The Secretary shall delegate to the Attorney General of the United States the Secretary’s responsibilities for carrying out this section. There are authorized to be appropriated not in excess of $25,000,000 for each fiscal year to be used for the purpose of making grants under this section.

    ‘(d) APPLICATION- An eligible grantee shall submit an application to the Secretary. Such an application shall--

      ‘(1) contain a certification by the chief executive officer of the State, Indian tribe, municipality, or local government entity that the conditions of subsection (b) are met;

      ‘(2) describe the entity’s plans to further the purposes listed in subsection (a);

      ‘(3) identify the agency or office or groups of agencies or offices responsible for carrying out the program; and

      ‘(4) identify and include documentation showing the nonprofit nongovernmental victim services programs that will be consulted in developing, and implementing, the program.

    ‘(e) PRIORITY- In awarding grants under this section, the Secretary shall give priority to a grantee that--

      ‘(1) does not currently provide for centralized handling of cases involving spousal or family violence in any one of the areas listed in this subsection--police, prosecutors, and courts; and

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

    ‘(f) REPORTING- Each grantee receiving funds under this section shall submit a report to the Secretary evaluating the effectiveness of the plan described in subsection (d)(2) and containing such additional information as the Secretary may prescribe.

    ‘(g) REGULATIONS- No later than 45 days after the date of enactment of this section, the Secretary shall publish proposed regulations implementing this section. No later than 120 days after such date, the Secretary shall publish final regulations implementing this section.’.

Subtitle D--DOMESTIC VIOLENCE, FAMILY SUPPORT, AND SHELTER GRANTS

SEC. 241. DOMESTIC VIOLENCE AND FAMILY SUPPORT GRANT PROGRAM.

    (a) PURPOSE- The purpose of this section is to strengthen and improve State and local efforts to prevent and punish domestic violence and other criminal and unlawful acts that particularly affect women, and to assist and protect the victims of such crimes and acts.

    (b) AUTHORIZATION OF GRANTS- The Secretary of Health and Human Services shall make grants to support projects and programs relating to domestic violence and other criminal and unlawful acts that particularly affect women, including support of--

      (1) training and policy development programs for law enforcement officers and prosecutors concerning the investigation and prosecution of domestic violence;

      (2) law enforcement and prosecutorial units and teams that target domestic violence;

      (3) model, innovative, and demonstration law enforcement programs relating to domestic violence that involve pro-arrest and aggressive prosecution policies;

      (4) model, innovative, and demonstration programs for the effective utilization and enforcement of protective orders;

      (5) programs addressing stalking and persistent menacing;

      (6) victim services programs for victims of domestic violence;

      (7) educational and informational programs relating to domestic violence;

      (8) resource centers providing information, technical assistance, and training to domestic violence service providers, agencies, and programs;

      (9) coalitions of domestic violence service providers, agencies, and programs;

      (10) training programs for judges and court personnel in relation to cases involving domestic violence;

      (11) enforcement of child support obligations, including cooperative efforts and arrangements of States to improve enforcement in cases involving interstate elements; and

      (12) shelters that provide services for victims of domestic violence and related programs.

    (c) FORMULA GRANTS- Of the amount appropriated in each fiscal year for grants under this section, other than the amount set aside to carry out subsection (d)--

      (1) 1 percent shall be set aside for each participating State; and

      (2) the remainder shall be allocated to the participating States in proportion to their populations;

    for the use of State and local governments in the States.

    (d) DISCRETIONARY GRANTS- Of the amount appropriated in each fiscal year, 20 percent shall be set aside in a discretionary fund to provide grants to public and private agencies to further the purposes and objectives set forth in subsections (a) and (b).

    (e) APPLICATION FOR FORMULA GRANTS- To request a grant under subsection (c), the chief executive officer of a State must, in each fiscal year, submit to the Secretary a plan for addressing domestic violence and other criminal and unlawful acts that particularly affect women in the State, including a specification of the uses to which funds provided under subsection (c) will be put in carrying out the plan. The application must include--

      (1) certification that the Federal funding provided will be used to supplement and not supplant State and local funds;

      (2) certification that any requirement of State law for review by the State legislature or a designated body, and any requirement of State law for public notice and comment concerning the proposed plan, have been satisfied; and

      (3) provisions for fiscal control, management, recordkeeping, and submission of reports in relation to funds provided under this section that are consistent with requirements prescribed for the program.

    (f) Conditions on Grants-

      (1) MATCHING FUNDS- Grants under subsection (c) may be for up to 50 percent of the overall cost of a project or program funded. Discretionary grants under subsection (d) may be for up to 100 percent of the overall cost of a project or program funded.

      (2) DURATION OF GRANTS- Grants under subsection (c) may be provided in relation to a particular project or program for up to an aggregate maximum period of 4 years.

      (3) LIMIT ON ADMINISTRATIVE COSTS- Not more than 5 percent of a grant under subsection (c) may be used for costs incurred to administer the grant.

    (g) EVALUATION- The Secretary shall have the authority to carry out evaluations of programs funded under this section. The recipient of any grant under this section may be required to include an evaluation component to determine the effectiveness of the project or program funded that is consistent with guidelines issued by the Secretary.

    (h) REPORT- The Secretary shall submit an annual report to Congress concerning the operation and effectiveness of the program under this section.

    (i) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--

      (1) $100,000,000 for each of fiscal years 1994, 1995, and 1996; and

      (2) such sums as are necessary for each fiscal year thereafter.

    (j) AUTHORIZATION OF APPROPRIATIONS FOR THE FAMILY VIOLENCE PREVENTION AND SERVICES ACT- Section 310(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as follows:

    ‘(a) IN GENERAL- There are authorized to be appropriated to carry out this title $85,000,000 for fiscal year 1994, $100,000,000 for fiscal year 1995, and $125,000,000 for fiscal year 1996.’.

Subtitle E--Family Violence Prevention and Services Act Amendments

SEC. 251. GRANTEE REPORTING.

    (a) SUBMISSION OF APPLICATION- Section 303(a)(2)(C) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is amended by inserting ‘and a plan to address the needs of underserved populations, including populations underserved because of ethnic, racial, cultural, language diversity or geographic isolation’ after ‘such State’.

    (b) APPROVAL OF APPLICATION- Section 303(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(a)) is amended by adding at the end the following new paragraph:

      ‘(4) Upon completion of the activities funded by a grant under this subpart, the State grantee shall file a performance report with the Director explaining the activities carried out together with an assessment of the effectiveness of those activities in achieving the purposes of this subpart. A section of this performance report shall be completed by each grantee or subgrantee that performed the direct services contemplated in the application certifying performance of direct services under the grant. The Director shall suspend funding for an approved application if an applicant fails to submit an annual performance report or if the funds are expended for purposes other than those set forth under this subpart, after following the procedures set forth in paragraph (3). Federal funds may be used only to supplement, not supplant, State funds.’.

Subtitle F--Youth Education and Domestic Violence

SEC. 261. EDUCATING YOUTH ABOUT DOMESTIC VIOLENCE.

    The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.), as amended by section 231, is amended by adding at the end the following new section:

‘SEC. 318. EDUCATING YOUTH ABOUT DOMESTIC VIOLENCE.

    ‘(a) GENERAL PURPOSE- For purposes of this section, the Secretary shall delegate the Secretary’s powers to the Secretary of Education (hereafter in this section referred to as the ‘Secretary’). The Secretary shall select, implement and evaluate 4 model programs for education of young people about domestic violence and violence among intimate partners.

    ‘(b) NATURE OF PROGRAM- The Secretary shall select, implement and evaluate separate model programs for 4 different audiences: primary schools, middle schools, secondary schools, and institutions of higher education. The model programs shall be selected, implemented, and evaluated in the light of the comments of educational experts, legal and psychological experts on battering, and victim advocate organizations such as battered women’s shelters, State coalitions and resource centers. The participation of each of those groups or individual consultants from such groups is essential to the selection, implementation, and evaluation of programs that meet both the needs of educational institutions and the needs of the domestic violence problem.

    ‘(c) REVIEW AND DISSEMINATION- Not later than 2 years after the date of enactment of this section, the Secretary shall transmit the design and evaluation of the model programs, along with a plan and cost estimate for nationwide distribution, to the relevant committees of Congress for review.

    ‘(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $400,000 for fiscal year 1994.’.

Subtitle G--Confidentiality for Abused Persons

SEC. 271. CONFIDENTIALITY OF ABUSED PERSON’S ADDRESS.

    Not later than 90 days after enactment of this Act, the United States Postal Service shall promulgate regulations to secure the confidentiality of domestic violence shelters and abused persons’ addresses consistent with the following guidelines:

      (1) Confidentiality shall be provided to a person upon the presentation to an appropriate postal official of a valid court order or a police report documenting abuse.

      (2) Confidentiality shall be provided to any domestic violence shelter upon presentation to an appropriate postal authority of proof from a State domestic violence coalition (within the meaning of section 311 of the Family Violence Prevention and Services Act (42 U.S.C. 10410)) verifying that the organization is a domestic violence shelter.

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

      (4) 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.

Subtitle H--Technical Amendments

SEC. 281. DEFINITIONS.

    Section 309(5)(B) of the Family Violence Prevention and Services Act (42 U.S.C. 10408(5)(B)) is amended by inserting ‘or other supportive services’ before ‘by peers individually or in groups,’.

SEC. 282. SPECIAL ISSUE RESOURCE CENTERS.

    (a) GRANTS- Section 308(a)(2) of the Family Violence Prevention and Services Act (42 U.S.C. 10407(a)(2)) is amended by striking ‘six’ and inserting ‘seven’.

    (b) FUNCTIONS- Section 308(c) of the Family Violence Prevention and Services Act (42 U.S.C. 10407(c)) is amended--

      (1) by striking the period at the end of paragraph (6) and inserting ‘, including the issuance and enforcement of protection orders.’; and

      (2) by adding at the end the following new paragraph:

      ‘(7) Providing technical assistance and training to State domestic violence coalitions.’.

SEC. 283. STATE DOMESTIC VIOLENCE COALITIONS.

    Section 311(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10410(a)) is amended--

      (1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5);

      (2) by inserting before paragraph (2), as redesignated by paragraph (1), the following new paragraph:

      ‘(1) working with local domestic violence programs and providers of direct services to encourage appropriate responses to domestic violence within the State, including--

        ‘(A) training and technical assistance for local programs and professionals working with victims of domestic violence;

        ‘(B) planning and conducting State needs assessments and planning for comprehensive services;

        ‘(C) serving as an information clearinghouse and resource center for the State; and

        ‘(D) collaborating with other governmental systems which affect battered women;’;

      (3) in paragraph (2)(K), as redesignated by paragraph (1), by striking ‘and court officials and other professionals’ and inserting ‘, judges, court officers and other criminal justice professionals,’;

      (4) in paragraph (3), as redesignated by paragraph (1)--

        (A) by inserting ‘, criminal court judges,’ after ‘family law judges,’ each place it appears;

        (B) in subparagraph (F), by inserting ‘custody’ after ‘temporary’; and

        (C) in subparagraph (H), by striking ‘supervised visitations that do not endanger victims and their children,’ and inserting ‘supervised visitations or denial of visitation to protect against danger to victims or their children’; and

      (5) in paragraph (4), as redesignated by paragraph (1), by inserting ‘, including information aimed at underserved racial, ethnic or language-minority populations’ before the semicolon.

Subtitle I--Data and Research

SEC. 291. RESEARCH AGENDA.

    (a) REQUEST FOR CONTRACT- The Director of the National Institute of Justice shall request the National Academy of Sciences, through its National Research Council, to enter into a contract to develop a research agenda to increase the understanding and control of violence against women, including rape and domestic violence. In furtherance of the contract, the National Academy shall convene a panel of nationally recognized experts on violence against women, in the fields of law, medicine, criminal justice and the social sciences. In setting the agenda, the Academy shall focus primarily upon preventive, educative, social, and legal strategies. Nothing in this section shall be construed to invoke the terms of the Federal Advisory Committee Act.

    (b) DECLINATION OF REQUEST- If the National Academy of Sciences declines to conduct the study and develop a research agenda, it shall recommend a nonprofit private entity that is qualified to conduct such a study. In that case, the Director of the National Institute of Justice shall carry out subsection (a) through the nonprofit private entity recommended by the Academy. In either case, whether the study is conducted by the National Academy of Sciences or by the nonprofit group it recommends, the funds for the contract shall be made available from sums appropriated for the conduct of research by the National Institute of Justice.

    (c) REPORT- The Director of the National Institute of Justice shall ensure that no later than 9 months after the date of enactment of this Act, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, and the Attorney General’s Task Force on Violence Against Women.

SEC. 292. STATE DATABASES.

    (a) IN GENERAL- The National Institute of Justice, in conjunction with the Bureau of Justice Statistics, shall study and report to the States and to Congress on how the States may collect centralized databases on the incidence of domestic violence offenses within a State.

    (b) CONSULTATION- In conducting its study, the National Institute of Justice shall consult persons expert in the collection of criminal justice data, State statistical administrators, law enforcement personnel, and nonprofit nongovernmental agencies that provide direct services to victims of domestic violence. The Institute’s final report shall set forth the views of the persons consulted on the Institute’s recommendations.

    (c) REPORT- The Director of the National Institute of Justice shall ensure that no later than 9 months after the date of enactment of this Act, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate.

    (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized such sums as are necessary to carry out this section.

SEC. 293. NUMBER AND COST OF INJURIES.

    (a) STUDY- The Secretary of Health and Human Services, acting through the Centers for Disease Control Injury Control Division, shall conduct a study to obtain a national projection of the incidence of injuries resulting from domestic violence, the cost of injuries to health care facilities, and recommend health care strategies for reducing the incidence and cost of such injuries.

    (b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $100,000 for fiscal year 1994.

TITLE III--CIVIL RIGHTS

SEC. 301. SHORT TITLE.

    This title may be cited as the ‘Civil Rights Remedies for Gender-Motivated Violence Act’.

SEC. 302. 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;

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

      (4) existing bias and discrimination in the criminal justice system often deprives victims of gender-motivated crimes of equal protection of the laws and the redress to which they are entitled;

      (5) gender-motivated violence has a substantial adverse effect on interstate commerce, by deterring potential victims from traveling interstate, from engaging in employment in interstate business, and from transacting with business, and in places involved, in interstate commerce;

      (6) gender-motivated violence has a substantial adverse effect on interstate commerce, by diminishing national productivity, increasing medical and other costs, and decreasing the supply of and the demand for interstate products;

      (7) a Federal civil rights action as specified in this section is necessary to guarantee equal protection of the laws and to reduce the substantial adverse effects of gender-motivated violence on interstate commerce; and

      (8) victims of gender-motivated violence have a right to equal protection of the laws, including a system of justice that is unaffected by bias or discrimination and that, at every relevant stage, treats such crimes as seriously as other violent crimes.

    (b) RIGHT TO BE FREE FROM CRIMES OF VIOLENCE- All persons within the United States shall have the right to be free from crimes of violence motivated by gender (as defined in subsection (d)).

    (c) CAUSE OF ACTION- A person (including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State) who commits a crime of violence motivated by gender and thus deprives another of the right declared in subsection (b) shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate.

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

      (1) the term ‘crime of violence motivated by gender’ means a crime of violence committed because of gender or on the basis of gender; and due, at least in part, to an animus based on the victim’s gender;

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

        (A) an act or series of acts that would constitute a felony against the person or that would constitute a felony against property if the conduct presents a serious risk of physical injury to another, and that would come within the meaning of State or Federal offenses described in section 16 of title 18, United States Code, whether or not those acts have actually resulted in criminal charges, prosecution, or conviction and whether or not those acts were committed in the special maritime, territorial, or prison jurisdiction of the United States; and

        (B) includes an act or series of acts that would constitute a felony described in subparagraph (A) but for the relationship between the person who takes such action and the individual against whom such action is taken.

    (e) Limitation and Procedures-

      (1) LIMITATION- Nothing in this section entitles a person to a cause of action 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 (within the meaning of subsection (d)).

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

      (3) CONCURRENT JURISDICTION- The Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this title.

      (4) PENDENT JURISDICTION- Neither section 1367 of title 28, 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 over any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property, or child custody decree.

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

    ‘(d) A civil action in any State court arising under section 302 of the Violence Against Women Act of 1993 may not be removed to any district court of the United States.’.

SEC. 303. ATTORNEY’S FEES.

    Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended in the last sentence--

      (1) by striking ‘or’ after ‘Public Law 92-318,’; and

      (2) by inserting ‘, or title III of the Violence Against Women Act of 1993,’ after ‘1964’.

SEC. 304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE PRIVACY OF RAPE VICTIMS.

    (a) FINDINGS AND DECLARATION- The Congress finds and declares that--

      (1) there is a need for a strong and clear Federal response to violence against women, particularly with respect to the crime of rape;

      (2) rape is an abominable and repugnant crime, and one that is severely underreported to law enforcement authorities because of its stigmatizing nature;

      (3) the victims of rape are often further victimized by a criminal justice system that is insensitive to the trauma caused by the crime and are increasingly victimized by news media that are insensitive to the victim’s emotional and psychological needs;

      (4) rape victims’ need for privacy should be respected;

      (5) rape victims need to be encouraged to come forward and report the crime of rape without fear of being revictimized through involuntary public disclosure of their identities;

      (6) rape victims need a reasonable expectation that their physical safety will be protected against retaliation or harassment by an assailant;

      (7) the news media should, in the exercise of their discretion, balance the public’s interest in knowing facts reported by free news media against important privacy interests of a rape victim, and an absolutist view of the public interest leads to insensitivity to a victim’s privacy interest; and

      (8) the public’s interest in knowing the identity of a rape victim is small compared with the interests of maintaining the privacy of rape victims and encouraging rape victims to report and assist in the prosecution of the crime of rape.

    (b) SENSE OF THE SENATE- It is the sense of the Senate that news media, law enforcement officers, and other persons should exercise restraint and respect a rape victim’s privacy by not disclosing the victim’s identity to the general public or facilitating such disclosure without the consent of the victim.

TITLE IV--SAFE CAMPUSES FOR WOMEN

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    Section 1541(i) of the Higher Education Amendments of 1992 (20 U.S.C. 1145h(i)) is amended to read as follows:

    ‘(i) For the purpose of carrying out this part, there are authorized to be appropriated $20,000,000 for fiscal year 1994 and such sums as are necessary for fiscal years 1995, 1996, and 1997.’.

TITLE V--EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT

SECTION 501. SHORT TITLE.

    This title may be cited as the ‘Equal Justice for Women in the Courts Act of 1993’.

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

SEC. 511. GRANTS AUTHORIZED.

    The State Justice Institute may 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. 512. 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 of rape, sexual assault, 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 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;

      (18) the need for orders of protection, and the 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. 513. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER THIS TITLE.

    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. 514. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this subtitle $600,000 for fiscal year 1994. Of amounts appropriated under this section, the State Justice Institute shall expend no less than 40 percent on model programs regarding domestic violence and no less than 40 percent on model programs regarding rape and sexual assault.

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

SEC. 521. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING GRANTS.

    (a) STUDY- In order to gain a better understanding of the nature and the extent of gender bias in the Federal courts, the circuit judicial councils are encouraged to conduct studies of the instances, if any, 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 512 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, may--

      (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. 522. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- There is authorized to be appropriated--

      (1) $400,000 to the Salaries and Expenses Account of the Courts of Appeals, District Courts, and other Judicial Services, to carry out section 521(a), to be available until expended through fiscal year 1995;

      (2) $100,000 to the Federal Judicial Center to carry out section 521(c) and any activities designated by the Judicial Conference under section 521(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 521(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 $50,000 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.

TITLE VI--VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS

SEC. 601. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.

    Section 3156(a)(4) of title 18, United States Code, is amended--

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

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

      (3) by adding after subparagraph (B) the following new subparagraph:

      ‘(C) any felony under chapter 109A or chapter 110.’.

SEC. 602. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW THE AGE OF 16.

    Section 2245(2) of title 18, United States Code, is amended--

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

      (2) by striking ‘; and’ at the end of subparagraph (C) and inserting ‘; or’; and

      (3) by inserting after subparagraph (C) the following new subparagraph:

      ‘(D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;’.

SEC. 603. PAYMENT OF COST OF HIV TESTING FOR VICTIMS IN SEX OFFENSE CASES.

    Section 503(c)(7) of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by adding at the end the following: ‘The Attorney General shall authorize the Director of the Office of Victims of Crime to provide for the payment of the cost of up to two tests of the victim for the human immunodeficiency virus during the 12 months following a serious assault, and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of transmission of the human immunodeficiency virus to the victim as the result of the assault.’.

SEC. 604. EXTENSION AND STRENGTHENING OF RESTITUTION.

    Section 3663(b) of title 18, United States Code, is amended--

      (1) in paragraph (2) by inserting ‘including an offense under chapter 109A or chapter 110’ after ‘an offense resulting in bodily injury to a victim’;

      (2) by striking ‘and’ at the end of paragraph (3);

      (3) by redesignating paragraph (4) as paragraph (5); and

      (4) by inserting after paragraph (3) the following new paragraph:

      ‘(4) in any case, reimburse the victim for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense; and’.

SEC. 605. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF FEDERAL BENEFITS.

    Section 3663 of title 18, United States Code, is amended--

      (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and

      (2) by inserting after subsection (f) the following new subsection:

    ‘(g)(1) If the defendant is delinquent in making restitution in accordance with any schedule of payments or any requirement of immediate payment imposed under this section, the court may, after a hearing, suspend the defendant’s eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule.

    ‘(2) In this subsection--

      ‘(A) ‘Federal benefits’--

        ‘(i) means any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or appropriated funds of the United States; and

        ‘(ii) does not include any retirement, welfare, Social Security, health, disability, veterans benefit, public housing, or other similar benefit, or any other benefit for which payments or services are required for eligibility.

      ‘(B) ‘veterans benefit’ means all benefits provided to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States.’.

SEC. 606. INADMISSIBILITY OF EVIDENCE TO SHOW PROVOCATION OR INVITATION BY VICTIM IN SEX OFFENSE CASES.

    (a) RULE- The Federal Rules of Evidence, as amended by section 154, are amended by adding after rule 413 the following new rule:

‘Rule 414. Inadmissibility of Evidence to Show Invitation or Provocation by Victim in Sexual Abuse Cases

    ‘In a criminal case in which a person is accused of an offense involving conduct proscribed by chapter 109A of title 18, United States Code, evidence is not admissible to show that the alleged victim invited or provoked the commission of the offense. This rule does not limit the admission of evidence of consent by the alleged victim if the issue of consent is relevant to liability and the evidence is otherwise admissible under these rules.’.

    (b) TECHNICAL AMENDMENT- The table of contents for the Federal Rules of Evidence, as amended by section 4, is amended by inserting after the item relating to rule 413 the following new item:

      ‘414. Inadmissibility of evidence to show invitation or provocation by victim in sexual abuse cases.’.

SEC. 607. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.

    (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 non-campus 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 APPROPRIATION- There is authorized to be appropriated $200,000 to carry out the study required by this section.

SEC. 608. REPORT ON BATTERED WOMEN’S SYNDROME.

    (a) REPORT- The Attorney General shall prepare and transmit to the Congress a report on the status of battered women’s syndrome as a medical and psychological condition and on its effect in criminal trials. The Attorney General may utilize the National Institute of Justice to obtain information required for the preparation of the report.

    (b) COMPONENTS OF REPORT- The report described in subsection (a) shall include--

      (1) a review of medical and psychological views concerning the existence, nature, and effects of battered women’s syndrome as a psychological condition;

      (2) a compilation of judicial decisions that have admitted or excluded evidence of battered women’s syndrome as evidence of guilt or as a defense in criminal trials; and

      (3) information on the views of judges, prosecutors, and defense attorneys concerning the effects that evidence of battered women’s syndrome may have in criminal trials.

SEC. 609. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF DOMESTIC VIOLENCE.

    (a) REPORT- The Attorney General shall conduct a study of the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses, notwithstanding the desire of the victims to have such information withheld to avoid further exposure to abuse. Based on the study, the Attorney General shall transmit a report to Congress including--

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

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

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

SEC. 610. REPORT ON RECORDKEEPING RELATING TO DOMESTIC VIOLENCE.

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

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

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

SEC. 611. REPORT ON FAIR TREATMENT IN LEGAL PROCEEDINGS.

    Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall review and make recommendations, and report to Congress, regarding the advisability of creating Federal rules of professional conduct for lawyers in Federal cases involving sexual misconduct that--

      (1) protect litigants from a course of conduct intended solely for the purpose of distressing, harassing, embarrassing, burdening, or inconveniencing litigants;

      (2) counsel against reliance on generalizations or stereotypes that demean, disgrace, or humiliate on the basis of gender;

      (3) protect litigants from a course of conduct intended solely to increase the expense of litigation; and

      (4) prohibit counsel from offering evidence that the lawyer knows to be false or from discrediting evidence the lawyer knows to be true.

SEC. 612. REPORT ON FEDERAL RULE OF EVIDENCE 404.

    (a) STUDY- Not later than 180 days after the date of enactment of this Act, the Judicial Conference shall complete a study of, and shall submit to Congress recommendations for amending, rule 404 of the Federal Rules of Evidence as it affects the admission of evidence of a defendant’s prior sex crimes in cases brought pursuant to chapter 109A or other cases involving sexual misconduct.

    (b) SPECIFIC ISSUES- The study described in subsection (a) shall include--

      (1) a survey of existing law on the introduction of prior similar sex crimes under State and Federal evidentiary rules;

      (2) a recommendation concerning whether rule 404 should be amended to introduce evidence of prior sex crimes and, if so--

        (A) whether such acts could be used to prove the defendant’s propensity to act therewith; and

        (B) whether evidence of prior similar sex crimes should be admitted for purposes other than to show character;

      (3) a recommendation concerning whether evidence of similar acts, if admitted, should meet a threshold of similarity to the crime charged;

      (4) a recommendation concerning whether evidence of similar acts, if admitted, should be limited to a certain time period, (such as 10 years); and

      (5) the effect, if any, of the adoption of any proposed changes on the admissibility of evidence under rule 412 of the Federal Rules of Evidence.

SEC. 613. SUPPLEMENTARY GRANTS FOR STATES ADOPTING EFFECTIVE LAWS RELATING TO SEXUAL VIOLENCE.

    (a) IN GENERAL- The Attorney General may, in each fiscal year, award an aggregate amount of up to $1,000,000 to a State that meets the eligibility requirements of subsection (b).

    (b) ELIGIBILITY- The authority to award additional funding under this section is conditional on certification by the Attorney General that the State has laws or policies relating to sexual violence that exceed or are reasonably comparable to the provisions of Federal law (including changes in Federal law made by this Act) in the following areas:

      (1) Provision of training and policy development programs for law enforcement officers, prosecutors, and judges concerning the investigation and prosecution of sexual offenses.

      (2) Authorization of law enforcement and prosecutorial units and teams that target sexual violence.

      (3) Funding of victim services programs for victims of sexual violence.

      (4) Authorization of educational and informational programs relating to sexual violence.

      (5) Authorization of pretrial detention of defendants in sexual assault cases where provision of flight or the safety of others cannot be reasonably assured by other means.

      (6) Authorization of serious penalties for nonconsensual sexual assault offenses.

      (7) Payment of the cost of medical examinations and testing by the victim for sexually transmitted diseases.

      (8) Provision of rape shield protection to ensure that victims of sexual assault are protected from inquiry into unrelated sexual behavior in sexual assault cases.

      (9) Provision of rules of professional conduct intended to protect against a course of conduct intended solely for the purpose of distressing, harassing, embarrassing, burdening, or inconveniencing litigants in sexual assault cases.

      (10) Authorization of the presence of the victim in the courtroom at the time of trial and provides for the victim’s addressing the court concerning the sentence to be imposed.

      (11) Authorization of awards of restitution to victims of sexual assaults as part of a criminal sentence.

    (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for each fiscal year such sums as are necessary to carry out this section.

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