[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1133 Referred in Senate (RFS)]

103d CONGRESS
  1st Session
                                H. R. 1133




_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 20 (legislative day, November 2), 1993

                                Received

                           November 22, 1993

       Read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
              To combat violence and crimes against women.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Violence Against Women Act of 
1993''.

                    TITLE I--SAFE STREETS FOR WOMEN

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Safe Streets for Women Act of 
1993''.

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

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

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by--
            (1) redesignating part Q as part R;
            (2) redesignating section 1701 as section 1801;
        and
            (3) adding after part P the following new part:

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

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

    ``(a) General Program Purpose.--The purpose of this part is to 
assist States, Indian tribes, and other eligible entities to develop 
effective law enforcement and prosecution strategies to combat violent 
crimes against women.
    ``(b) Purposes for Which Grants May Be Used.--Grants under this 
part shall provide funds for personnel, training, technical assistance, 
data collection and other equipment for the more widespread 
apprehension, prosecution, and adjudication of persons committing 
violent crimes against women to reduce the rate of violent crime 
against women and specifically, for the purposes of--
            ``(1) training law enforcement officers and prosecutors to 
        identify and respond more effectively to violent crimes against 
        women, including crimes of sexual assault and domestic 
        violence;
            ``(2) developing, training, or expanding units of law 
        enforcement officers and prosecutors that specifically target 
        violent crimes against women, including the crimes of sexual 
        assault and domestic violence;
            ``(3) developing and implementing more effective police and 
        prosecution policies, protocols, orders, or services 
        specifically devoted to the prevention of, identification of, 
        and response to violent crimes against women, including the 
        crimes of sexual assault and domestic violence;
            ``(4) developing, installing, or expanding data collection 
        systems, including computerized systems, linking police, 
        prosecutors, and courts or identifying and tracking arrests, 
        protection orders, prosecutions, and convictions for the crimes 
        of sexual assault and domestic violence;
            ``(5) developing, enlarging, or strengthening victim 
        services programs, including sexual assault and domestic 
        violence programs, developing or improving delivery of victim 
        services to racial, cultural, ethnic, and language minorities, 
        and increasing reporting and reducing attrition rates for cases 
        involving violent crimes against women, including crimes of 
        sexual assault and domestic violence; and
            ``(6) aiding Indian tribe grantees, exclusively, in 
        financing the payments required under sections 112 and 113 of 
        the Violence Against Women Act of 1993.

``SEC. 1702. STATE GRANTS.

    ``(a) General Grants.--The Director of the Bureau of Justice 
Assistance (hereinafter in this part referred to as the `Director') is 
authorized to make grants to States, Indian tribes, units of local 
government, tribal organizations, and nonprofit nongovernmental victim 
services programs in the States or Indian country.
    ``(b) Application Requirements.--Applications shall include--
            ``(1) documentation from prosecution, law enforcement, and 
        victim services programs to be assisted that demonstrates--
                    ``(A) the need for grant funds;
                    ``(B) the intended use of grant funds; and
                    ``(C) the expected results;
            ``(2) proof of compliance with the requirements for the 
        payment of forensic medical exams provided pursuant to section 
        112 of the Violence Against Women Act of 1993, except that 
        Indian tribes are exempt from such requirement; and
            ``(3) proof of compliance with the requirements for paying 
        filing and service fees for domestic violence cases pursuant to 
        section 113 of the Violence Against Women Act of 1993.
    ``(c) Qualification.--Upon satisfying the terms of subsection (b), 
an eligible entity shall be eligible for funds provided under this part 
by--
            ``(1) certifying that funds received under this part shall 
        be used for the purposes outlined in section 1701(b); and
            ``(2) certifying that grantees shall develop a plan, 
        implement such plan, and otherwise consult and coordinate with 
        nonprofit nongovernmental domestic violence and sexual assault 
        victim services programs, law enforcement officials, victim 
        advocates, prosecutors, and defense attorneys;
            ``(3) providing documentation from the individuals and 
        groups listed under paragraph (2) regarding their participation 
        in development of a plan and involvement in the application 
        process, as well as how such individuals and groups will be 
        involved in implementation of the plan;
            ``(4) providing assurances that the plan developed under 
        paragraph (2) shall meet the needs of racial, cultural, ethnic, 
        and language minority populations;
            ``(5) providing assurances that prosecution, law 
        enforcement, and nonprofit nongovernmental victim services 
        programs in the community to be served by such plan each 
        receive an equitable percentage of any funds allocated under 
        this part; and
            ``(6) providing assurances that any Federal funds received 
        under this part shall be used to supplement, not supplant, non-
        Federal funds that would otherwise be available for activities 
        funded under this part.
    ``(d) Disbursement of Funds.--
            ``(1) In general.--Not later than 60 days after the receipt 
        of an application under this part, the Director shall either 
        disburse the appropriate sums provided for under this part or 
        shall inform the applicant regarding why the application does 
        not conform to the requirements of this section.
            ``(2) Responsibility of director.--In disbursing funds 
        under this part, the Director shall issue regulations--
                    ``(A) to distribute funds equitably on a geographic 
                basis, including nonurban and rural areas of varying 
                geographic size; and
                    ``(B) give priority to areas of varying geographic 
                size with the greatest showing of need based on the 
                availability of existing domestic violence and sexual 
                assault programs in the population and geographic area 
                to be served in relation to the availability of such 
                programs in other such populations and geographic 
                areas.
    ``(e) Grantee Reporting.--(1) Not later than March 31 of each year 
during which funds are received under this part, the grantee shall file 
a performance report with the Director explaining the activities 
carried out together with an assessment of the effectiveness of such 
activities in achieving the purposes of this part.
    ``(2) The grantee shall arrange for assessments of the grantee's 
program from all organizations and government entities that were 
involved in the design of the grant plan.
    ``(3) Such assessments must be sent directly to the Director by the 
assessing entity.
    ``(f) Suspension of Funding.--The Director shall suspend funding 
for an approved application if--
            ``(1) an applicant fails to submit an annual performance 
        report;
            ``(2) funds provided under this part are expended for 
        purposes other than those set forth under this part; or
            ``(3) grant reports or accompanying assessments demonstrate 
        to the Director that the program is ineffective or financially 
        unsound.

``SEC. 1703. GENERAL DEFINITIONS.

    ``For purposes of this part--
            ``(1) the term `domestic violence' means crimes of violence 
        committed against a victim by a current or former spouse of the 
        victim, an individual with whom the victim shares a child in 
        common, an individual who is cohabiting with or has cohabited 
        with the victim as a spouse, an individual similarly situated 
        to a spouse, or any other individual who is protected under 
        domestic or family violence laws of the jurisdiction that 
        receives a grant under this part;
            ``(2) the term `eligible entity' means a State, unit of 
        local government, Indian tribe, and a nonprofit, 
        nongovernmental victims services program;
            ``(3) the term `Indian tribe' means any Indian tribe, band, 
        nation, or other organized group or community, including any 
        Alaska Native village or regional or village corporation (as 
        defined in, or established pursuant to, the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1601, et seq.)), which is 
        recognized as eligible for the special services provided by the 
        United States to Indians because of their status as Indians;
            ``(4) the term `Indian country' has the meaning given to 
        such term by section 1151 of title 18, United States Code;
            ``(5) the term `sexual assault' means any conduct 
        proscribed by chapter 109A of title 18, United States Code, 
        whether or not the conduct occurs in the special maritime and 
        territorial jurisdiction of the United States or in a Federal 
        prison and includes both assaults committed by offenders who 
        are strangers to the victim and assaults committed by offenders 
        who are known or related by blood or marriage to the victim; 
        and
            ``(6) the term `victim services program' means a 
        nongovernmental nonprofit program that assists domestic 
        violence or sexual assault victims, including nongovernmental 
        nonprofit organizations such as rape crisis centers, battered 
        women's shelters, and other sexual assault and domestic 
        violence programs, including nonprofit nongovernmental 
        organizations assisting domestic violence and sexual assault 
        victims through the legal process.

``SEC. 1704. GENERAL TERMS AND CONDITIONS.

    ``(a) Nonmonetary Assistance.--In addition to the assistance 
provided under sections 1702, the Attorney General may request any 
Federal agency, with or without reimbursement, to use its authorities 
and the resources granted to it under Federal law (including personnel, 
equipment, supplies, facilities, and managerial, technical, and 
advisory services) to support State, tribal, and local assistance 
efforts under this part.
    ``(b) Bureau Reporting.--Not later than 180 days after the end of 
each fiscal year for which grants are made under this part, the 
Director shall submit to the Congress a report that includes, for each 
State and Indian tribe--
            ``(1) the amount of grants made under this part;
            ``(2) a summary of the purposes for which grants were 
        provided and an evaluation of progress; and
            ``(3) an evaluation of the effectiveness of programs 
        established with funds under this part.''.
    (b) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793), is amended by adding after paragraph (10) the following:
    ``(11) There are authorized to be appropriated for each of the 
fiscal years 1994 and 1995, $200,000,000 to carry out the purposes of 
part Q, with not less than 8 percent of such appropriation allotted 
specifically for Indian tribes.''.
    (c) Administrative Provisions.--(1) Section 801(b) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 is amended by 
striking ``and O'' and inserting ``O, and Q''; and
    (2) Section 802(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by striking ``or O'' and inserting ``O, 
or Q''.
    (d) Conforming Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended by striking the matter relating to part Q and 
inserting the following:

         ``Part Q--Grant to Combat Violent Crimes Against Women

``Sec. 1701. Purpose of the program and grants.
``Sec. 1702. State grants.
``Sec. 1703. General definitions.
``Sec. 1704. General terms and conditions.
             ``Part R--Transition; Effective Date; Repealer

``Sec. 1801. Continuation of rules, authorities, and proceedings''.

SEC. 112. RAPE EXAM PAYMENTS.

    (a) Restriction of Funds.--No State is entitled to funds under this 
title unless the State incurs the full out of pocket cost of forensic 
medical exams described in subsection (b) for victims of sexual 
assault.
    (b) Medical Costs.--A State shall be deemed to incur the full out 
of pocket cost of forensic medical exams for victims of sexual assault 
if such State--
            (1) provides such exams to victims free of charge to the 
        victim;
            (2) arranges for victims to obtain such exams free of 
        charge to the victims; or
            (3) reimburses victims for the cost of such exams, if--
                    (A) the reimbursement covers the full cost of such 
                exams, without any deductible requirement or limit on 
                the amount of a reimbursement;
                    (B) the State permits victims to apply to the State 
                for reimbursement for not less than one year from the 
                date of the exam;
                    (C) the State provides reimbursement not later than 
                90 days after written notification of the victim's 
                expense; and
                    (D) the State provides information at the time of 
                the exam to all victims, including victims with limited 
                or no English proficiency, regarding how to obtain 
                reimbursement.

SEC. 113. FILING COSTS FOR CRIMINAL CHARGES.

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

SEC. 114. EQUITABLE TREATMENT OF RAPE CASES.

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

                  Subtitle B--Rape Prevention Programs

                   CHAPTER 1--RAPE PREVENTION GRANTS

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

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 
111, is further amended by--
            (1) redesignating part R as part S;
            (2) redesignating section 1801 as section 1901;
        and
            (3) adding after part Q the following new part:

                   ``PART R--RAPE PREVENTION PROGRAMS

``SEC. 1801. GRANT AUTHORIZATION.

    ``The Director of the Bureau of Justice Assistance (referred to in 
this part as the `Director') is authorized to make grants--
            ``(1) to provide educational seminars, particularly 
        developed with emphasis on seminars for elementary and 
        secondary school age children, designed to develop an awareness 
        of what acts meet the legal definition of rape;
            ``(2) to provide programs for elementary and secondary 
        school age children that teach nonviolent conflict resolution, 
        self defense, or other relevant skills;
            ``(3) to operate telephone hotlines for callers with 
        questions regarding sexual assault and rape;
            ``(4) to design and disseminate training programs for 
        professionals, including the development and dissemination of 
        protocols for the routine identification, treatment, and 
        appropriate referral of victims of sexual assault by hospital 
        emergency personnel and other professionals;
            ``(5) to develop treatment programs for convicted sex 
        offenders and make such programs available to the local 
        community and to Federal and State prisons;
            ``(6) to prepare and disseminate informational materials 
        designed to educate the community regarding sexual assault and 
        prevention; and
            ``(7) to develop other projects to increase awareness and 
        prevention of sexual assault, including efforts to increase 
        awareness of sexual assault prevention among racial, ethnic, 
        cultural and language minorities.

``SEC. 1802. APPLICATIONS.

    ``(a) In General.--To be eligible to receive a grant under this 
part, a duly authorized representative of an eligible entity shall 
submit an application to the Director in such form and containing such 
information as the Director may reasonably require.
    ``(b) Assurances.--Each application must contain an assurance that 
Federal funds received under this part shall be used to supplement, not 
supplant, non-Federal funds that would otherwise be available for 
activities funded under this part.
    ``(c) Required Plan.--Each application shall include a plan that 
contains--
            ``(1) a description of the projects to be developed;
            ``(2) a description of how funds would be spent;
            ``(3) a statement of staff qualifications and demonstrated 
        expertise in the field of rape prevention and education; and
            ``(4) a statement regarding the ability to serve community 
        needs and language minority populations in providing ethnically 
        and culturally and linguistically appropriate programs where 
        necessary.

``SEC. 1803. REPORTS.

    ``(a) Grantee Reporting.--Upon completion of the grant period under 
this subpart, each grantee shall file a performance report with the 
Director explaining the activities carried out together with an 
assessment of the effectiveness of such activities in achieving the 
purposes of this subpart. The Director shall suspend funding for an 
approved application if an applicant fails to submit an annual 
performance report.
    ``(b) Bureau Reporting.--Not later than 180 days after the end of 
each fiscal year for which grants are made under this subpart, the 
Director shall submit to the Congress a report that includes, for each 
grantee--
            ``(1) the amount of grants made under this subpart;
            ``(2) a summary of the purposes for which grants were 
        provided and an evaluation of progress; and
            ``(3) an evaluation of the effectiveness of programs 
        established with funds under this part.

``SEC. 1804. DEFINITIONS.

    ``For purposes of this part--
            ``(1) the term `eligible entity' means a nonprofit, 
        nongovernmental organization that directly serves or provides 
        advocacy on behalf of victims of rape or sexual assault; and
            ``(2) the term `sexual assault prevention and education' 
        means education and prevention efforts directed at reducing the 
        number of sexual assaults.''.
    (b) Authorization of Appropriation.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793), is amended by adding after paragraph (11), as added by section 
111 of this Act, the following:
    ``(12) There are authorized to be appropriated to carry out the 
purposes of part R, $60,000,000 for fiscal year 1994, $75,000,000 for 
fiscal year 1995, and $100,000,000 for fiscal year 1996.''.
    (c) Administrative Provisions.--(1) Section 801(b) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968, as amended by 
section 111 of this Act, is amended by striking ``O, and Q'' and 
inserting ``O, Q, and R''; and
    (2) Section 802(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended by section 111 of this Act, is amended 
by striking ``O, or Q'' and inserting ``O, Q, or R''.
    (d) Conforming Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.), as amended by section 111, is amended by striking the matter 
relating to part R and inserting the following:

                   ``Part R--Rape Prevention Programs

``Sec. 1801. Grant authorization.
``Sec. 1802. Applications.
``Sec. 1803. Reports.
``Sec. 1804. Definitions.
             ``Part S--Transition; Effective Date; Repealer

``Sec. 1901. Continuation of rules, authorities, and proceedings.''.

         CHAPTER 2--OFFENDER TRAINING AND INFORMATION PROGRAMS

SEC. 126. NATIONAL INSTITUTE OF JUSTICE TRAINING PROGRAMS.

    (a) In General.--The National Institute of Justice, after 
consultation with victim advocates and individuals who have expertise 
in treating sex offenders, shall establish criteria and develop 
training programs to assist probation and parole officer and other 
personnel who work with released sex offenders in the areas of--
            (1) case management;
            (2) supervision; and
            (3) relapse prevention.
    (b) Training Programs.--The Director of the National Institute of 
Justice shall attempt, to the extent practicable, to make training 
programs developed under subsection (a) available in geographically 
diverse locations throughout the country.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $1,000,000 for each of the fiscal years 1994 and 1995 to 
carry out the provisions of this section.

SEC. 127. INFORMATION PROGRAMS.

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

                    Subtitle C--Victim Compensation

SEC. 131. VICTIM COMPENSATION.

    (a) In General.--Chapter 109A of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2246. Mandatory restitution for sex offenses
    ``(a) In General.--Notwithstanding section 3663 of this title, and 
in addition to any other civil or criminal penalty authorized by law, 
the court shall order restitution for any offense under this chapter.
    ``(b) Scope and Nature of Order.--
            ``(1) In general.--The order of restitution under this 
        section shall direct that--
                    ``(A) the defendant pay to the victim the full 
                amount of the victim's losses as determined by the 
                court, pursuant to paragraph (3) of this subsection; 
                and
                    ``(B) the United States Attorney enforce the 
                restitution order by all available and reasonable 
                means.
            ``(2) Definitions.--As used in this subsection, the term 
        `full amount of the victim's losses' includes any costs 
        incurred by the victim for--
                    ``(A) medical services relating to physical, 
                psychiatric, or psychological care;
                    ``(B) physical and occupational therapy or 
                rehabilitation;
                    ``(C) lost income;
                    ``(D) attorneys' fees, plus any costs incurred in 
                obtaining a civil protection order;
                    ``(E) temporary housing;
                    ``(F) transportation;
                    ``(G) necessary child care;
                    ``(H) language translation services; and
                    ``(I) any other losses suffered by the victim as a 
                proximate result of the offense.
            ``(3) Mandatory nature of order.--(A) Restitution orders 
        under this section are mandatory. A court may not decline to 
        issue an order under this section because of--
                    ``(i) the economic circumstances of the defendant; 
                or
                    ``(ii) the fact that a victim has, or is entitled 
                to, receive compensation for his or her injuries from 
                the proceeds of insurance or any other source.
            ``(B) Subparagraph (A) of this paragraph does not apply 
        if--
                    ``(i) the court finds on the record that the 
                economic circumstances of the defendant do not allow 
                for the payment of any amount of a restitution order, 
                and do not allow for the payment of any amount of a 
                restitution order in the foreseeable future (under any 
                reasonable schedule of payments); and
                    ``(ii) the court enters in its order the amount of 
                the victim's losses, and provides a nominal restitution 
                award.
            ``(4) Consideration of economic circumstances.--
                    ``(A) In general.--Notwithstanding paragraph (3) of 
                this subsection, the court may take into account the 
                economic circumstances of the defendant in determining 
                the manner in which and the schedule according to which 
                the restitution is to be paid, including--
                            ``(i) the financial resources and other 
                        assets of the defendant;
                            ``(ii) projected earnings, earning 
                        capacity, and other income of the defendant; 
                        and
                            ``(iii) any financial obligations of the 
                        defendant, including obligations to dependents.
                    ``(B) Lump-sum or partial payment.--An order under 
                this section may direct the defendant to make a single 
                lump-sum payment or partial payments at specified 
                intervals. The order shall also provide that the 
                defendant's restitutionary obligation takes priority 
                over any criminal fine ordered.
            ``(5) Setoff.--Any amount paid to a victim under this 
        section shall be set off against any amount later recovered as 
        compensatory damages by the victim from the defendant in--
                    ``(A) any Federal civil proceeding; and
                    ``(B) any State civil proceeding, to the extent 
                provided by the law of the State.
    ``(c) Proof of Claim.--
            ``(1) In general.--Within 60 days after conviction and, in 
        any event, no later than 10 days prior to sentencing, the 
        United States Attorney (or delegate), after consulting with the 
        victim, shall prepare and file an affidavit with the court 
        listing the amounts subject to restitution under this section. 
        The affidavit shall be signed by the United States Attorney (or 
        delegate) and the victim. Should the victim object to any of 
        the information included in the affidavit, the United States 
        Attorney (or delegate) shall advise the victim that the victim 
        may file a separate affidavit.
            ``(2) Objections.--If, after notifying the defendant of the 
        affidavit, no objection is raised by the defendant, the amounts 
        attested to in the affidavit filed pursuant to paragraph (1) of 
        this subsection shall be entered in the court's restitution 
        order. If objection is raised, the court may require the victim 
        or the United States Attorney (or such Attorney's delegate) to 
        submit further affidavits or other supporting documents, 
        demonstrating the victim's losses.
            ``(3) Additional documentation and testimony.--If the court 
        concludes, after reviewing the supporting documentation and 
        considering the defendant's objections, that there is a 
        substantial reason for doubting the authenticity or veracity of 
        the records submitted, the court may require additional 
        documentation or hear testimony on those questions. The privacy 
        of any records filed, or testimony heard, pursuant to this 
        section, shall be maintained to the greatest extent possible.
            ``(4) Final determination of losses.--In the event that the 
        victim's losses are not ascertainable 10 days prior to 
        sentencing as provided in subsection (c)(1) of this section, 
        the United States Attorney (or delegate) shall so inform the 
        court, and the court shall set a date for the final 
        determination of the victim's losses, not to exceed 90 days 
        after sentencing. If the victim subsequently discovers further 
        losses, the victim shall have 60 days after discovery of those 
        losses in which to petition the court for an amended 
        restitution order. Such order may be granted only upon a 
        showing of good cause for the failure to include such losses in 
        the initial claim for restitutionary relief.''.
    (b) Table of Sections.--The table of sections at the beginning of 
chapter 109A of title 18, United States Code, is amended by adding at 
the end the following:

``2246. Mandatory restitution for sex offenses.''.

                  Subtitle D--Safe Campuses for Women

SEC. 141. CAMPUS SEXUAL ASSAULT STUDY.

    (a) Study.--The Attorney General shall provide for a national 
baseline study to examine the scope of the problem of campus sexual 
assaults and the effectiveness of institutional and legal policies in 
addressing such crimes and protecting victims. The Attorney General may 
utilize the Bureau of Justice Statistics, the National Institute of 
Justice, and the Office for Victims of Crime in carrying out this 
section.
    (b) Report.--Based on the study required by subsection (a), the 
Attorney General shall prepare a report including an analysis of--
            (1) the number of reported allegations and estimated number 
        of unreported allegations of campus sexual assaults, and to 
        whom the allegations are reported (including authorities of the 
        educational institution, sexual assault victim service 
        entities, and local criminal authorities);
            (2) the number of campus sexual assault allegations 
        reported to authorities of educational institutions which are 
        reported to criminal authorities;
            (3) the number of campus sexual assault allegations that 
        result in criminal prosecution in comparison with the number of 
        noncampus sexual assault allegations that result in criminal 
        prosecution;
            (4) Federal and State laws or regulations pertaining 
        specifically to campus sexual assaults;
            (5) the adequacy of policies and practices of educational 
        institutions in addressing campus sexual assaults and 
        protecting victims, including consideration of--
                    (A) the security measures in effect at educational 
                institutions, such as utilization of campus police and 
                security guards, control over access to grounds and 
                buildings, supervision of student activities and 
                student living arrangements, control over the 
                consumption of alcohol by students, lighting, and the 
                availability of escort services;
                    (B) the articulation and communication to students 
                of the institution's policies concerning sexual 
                assaults;
                    (C) policies and practices that may prevent or 
                discourage the reporting of campus sexual assaults to 
                local criminal authorities, or that may otherwise 
                obstruct justice or interfere with the prosecution of 
                perpetrators of campus sexual assaults;
                    (D) the nature and availability of victim services 
                for victims of campus sexual assaults;
                    (E) the ability of educational institutions' 
                disciplinary processes to address allegations of sexual 
                assault adequately and fairly;
                    (F) measures that are taken to ensure that victims 
                are free of unwanted contact with alleged assailants, 
                and disciplinary sanctions that are imposed when a 
                sexual assault is determined to have occurred; and
                    (G) the grounds on which educational institutions 
                are subject to lawsuits based on campus sexual 
                assaults, the resolution of these cases, and measures 
                that can be taken to avoid the likelihood of lawsuits;
            (6) an assessment of the policies and practices of 
        educational institutions that are most effective in addressing 
        campus sexual assaults and protecting victims, including 
        policies and practices relating to the particular issues 
        described in paragraph (5); and
            (7) any recommendations the Attorney General may have for 
        reforms to address campus sexual assaults and protect victims 
        more effectively, and any other matters that the Attorney 
        General deems relevant to the subject of the study and report 
        required by this section.
    (c) Submission of Report.--The report required by subsection (b) 
shall be submitted to the Committees on Education and Labor and the 
Judiciary of the House of Representatives and the Committees on Labor 
and Human Resources and the Judiciary of the Senate not later than 
September 1, 1995.
    (d) Definition.--For purposes of this subtitle, ``campus sexual 
assaults'' means sexual assaults committed against or by students or 
employees of institutions of postsecondary education and occurring at 
such institutions or during activities connected with such 
institutions.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $200,000 to carry out the study required by this section.

                     TITLE II--SAFE HOMES FOR WOMEN

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Safe Homes for Women Act''.

                   Subtitle A--Interstate Enforcement

SEC. 211. INTERSTATE ENFORCEMENT.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 110 the following new chapter:

                   ``CHAPTER 110A--DOMESTIC VIOLENCE

``Sec. 2261. Interstate domestic violence.
``Sec. 2262. Violation of protection order.
``Sec. 2263. Pretrial release of defendant.
``Sec. 2264. Restitution.
``Sec. 2265. Full faith and credit given to protection orders.
``Sec. 2266. Definitions for chapter.
``Sec. 2261. Interstate domestic violence
    ``(a) Whoever travels across a State line or enters or leaves 
Indian country with the intent to contact that person's spouse or 
intimate partner, and in the course of that contact intentionally 
commits a crime of violence and thereby causes bodily injury to such 
spouse or intimate partner, shall be punished as provided in subsection 
(b) of this section.
    ``(b) The punishment for a violation of subsection (a) of this 
section is a fine under this title, or imprisonment--
            ``(1) for life or any term of years, if the offender 
        murders the victim;
            ``(2) for not more than 20 years, if the offender causes 
        serious bodily injury to the victim;
            ``(3) for not more than 10 years, if the offender uses a 
        dangerous weapon during the offense;
            ``(4) as provided for the applicable conduct under chapter 
        109A, if the offense constitutes sexual abuse, as described 
        under chapter 109A (without regard to whether the offense was 
        committed in the special maritime and territorial jurisdiction 
        of the United States or in a Federal prison); and
            ``(5) for not more than 5 years, in any other case;
or both such fine and imprisonment.
``Sec. 2262. Violation of protection order
    ``(a) Whoever travels across a State line or enters or leaves 
Indian country with the intent to engage in conduct that--
            ``(1)(A) violates a protection order, any portion of which 
        involves protection against credible threats of violence, 
        repeated harassment, or bodily injury, to the person or persons 
        for whom the protection order was issued, and--
            ``(B) violates that portion of such protection order; or
            ``(2) would violate paragraph (1) of this subsection if the 
        conduct occurred in the jurisdiction in which such order was 
        issued;
and does engage in such conduct shall be punished as provided in 
subsection (b) of this section.
    ``(b) The punishment for a violation of subsection (a) of this 
section is a fine under this title, or imprisonment--
            ``(1) for life or any term of years, if the offender 
        murders the victim;
            ``(2) for not more than 20 years, if the offender causes 
        serious bodily injury to the victim;
            ``(3) for not more than 10 years, if the offender uses a 
        dangerous weapon during the offense;
            ``(4) as provided for the applicable conduct under chapter 
        109A, if the offense constitutes sexual abuse, as described 
        under chapter 109A (without regard to whether the offense was 
        committed in the special maritime and territorial jurisdiction 
        of the United States or in a Federal prison); and
            ``(5) for not more than 5 years, in any other case;
or both such fine and imprisonment.
``Sec. 2263. Pretrial release of defendant
    ``In any proceeding pursuant to section 3142 of this title for the 
purpose of determining whether a defendant charged under this chapter 
shall be released pending trial, or for the purpose of determining 
conditions of such release, the alleged victim shall be given an 
opportunity to be heard regarding the danger posed by the defendant.
``Sec. 2264. Restitution
    ``(a) In General.--In addition to any fine or term of imprisonment 
provided under this chapter, and notwithstanding the terms of section 
3663 of this title, the court shall order restitution to the victim of 
an offense under this chapter.
    ``(b) Scope and Nature of Order.--
            ``(1) In general.--The order of restitution under this 
        section shall direct that--
                    ``(A) the defendant pay to the victim the full 
                amount of the victim's losses as determined by the 
                court, pursuant to paragraph (3) of this subsection; 
                and
                    ``(B) the United States Attorney enforce the 
                restitution order by all available and reasonable 
                means.
            ``(2) Definition.--As used in this subsection, the term 
        `full amount of the victim's losses' includes any costs 
        incurred by the victim for--
                    ``(A) medical services relating to physical, 
                psychiatric, or psychological care;
                    ``(B) physical and occupational therapy or 
                rehabilitation;
                    ``(C) lost income;
                    ``(D) attorneys' fees, plus any costs incurred in 
                obtaining a civil protection order;
                    ``(E) temporary housing;
                    ``(F) transportation;
                    ``(G) necessary child care;
                    ``(H) language translation services; and
                    ``(I) any other losses suffered by the victim as a 
                proximate result of the offense.
            ``(3) Mandatory nature of order.--(A) Restitution orders 
        under this section are mandatory. A court may not decline to 
        issue an order under this section because of--
                    ``(i) the economic circumstances of the defendant; 
                or
                    ``(ii) the fact that a victim has, or is entitled 
                to, receive compensation for his or her injuries from 
                the proceeds of insurance or any other source.
            ``(B) Subparagraph (A) of this paragraph does not apply 
        if--
                    ``(i) the court finds on the record that the 
                economic circumstances of the defendant do not allow 
                for the payment of any amount of a restitution order, 
                and do not allow for the payment of any amount of a 
                restitution order in the foreseeable future (under any 
                reasonable schedule of payments); and
                    ``(ii) the court enters in its order the amount of 
                the victim's losses, and provides a nominal restitution 
                award.
            ``(4) Consideration of economic circumstances.--
                    ``(A) In general.--Notwithstanding paragraph (3) of 
                this subsection, the court may take into account the 
                economic circumstances of the defendant in determining 
                the manner in which and the schedule according to which 
                the restitution is to be paid, including--
                            ``(i) the financial resources and other 
                        assets of the defendant;
                            ``(ii) projected earnings, earning 
                        capacity, and other income of the defendant; 
                        and
                            ``(iii) any financial obligations of the 
                        offender, including obligations to dependents.
                    ``(B) Lump-sum or partial payment.--An order under 
                this section may direct the defendant to make a single 
                lump-sum payment, or partial payments at specified 
                intervals. The order shall provide that the defendant's 
                restitutionary obligation takes priority over any 
                criminal fine ordered.
            ``(5) Setoff.--Any amount paid to a victim under this 
        section shall be setoff against any amount later recovered as 
        compensatory damages by the victim from the defendant in--
                    ``(A) any Federal civil proceeding; and
                    ``(B) any State civil proceeding, to the extent 
                provided by the law of the State.
    ``(c) Proof of Claim.--
            ``(1) In general.--Within 60 days after conviction and, in 
        any event, no later than 10 days before sentencing, the United 
        States Attorney (or such Attorney's delegate), after consulting 
        with the victim, shall prepare and file an affidavit with the 
        court listing the amounts subject to restitution under this 
        section. The affidavit shall be signed by the United States 
        Attorney (or the delegate) and the victim. Should the victim 
        object to any of the information included in the affidavit, the 
        United States Attorney (or the delegate) shall advise the 
        victim that the victim may file a separate affidavit and assist 
        the victim in the preparation of that affidavit.
            ``(2) Objections.--If, after notifying the defendant of the 
        affidavit, no objection is raised by the defendant, the amounts 
        attested to in the affidavit filed pursuant to paragraph (1) of 
        this subsection shall be entered in the court's restitution 
        order. If objection is raised, the court may require the victim 
        or the United States Attorney (or such Attorney's delegate) to 
        submit further affidavits or other supporting documents, 
        demonstrating the victim's losses.
            ``(3) Additional documentation or testimony.--If the court 
        concludes, after reviewing the supporting documentation and 
        considering the defendant's objections, that there is a 
        substantial reason for doubting the authenticity or veracity of 
        the records submitted, the court may require additional 
        documentation or hear testimony on those questions. The privacy 
        of any records filed, or testimony heard, pursuant to this 
        section, shall be maintained to the greatest extent possible.
            ``(4) Final determination of losses.--In the event that the 
        victim's losses are not ascertainable 10 days before sentencing 
        as provided in paragraph (1) of this subsection, the United 
        States Attorney (or such Attorney's delegate) shall so inform 
        the court, and the court shall set a date for the final 
        determination of the victims's losses, not to exceed 90 days 
        after sentencing. If the victim subsequently discovers further 
        losses, the victim shall have 90 days after discovery of those 
        losses in which to petition the court for an amended 
        restitution order. Such order may be granted only upon a 
        showing of good cause for the failure to include such losses in 
        the initial claim for restitutionary relief.
    ``(d) Restitution and Criminal Penalties.--An award of restitution 
to the victim of an offense under this chapter is not a substitute for 
imposition of punishment under this chapter.
``Sec. 2265. Full faith and credit given to protection orders
    ``(a) Full Faith and Credit.--Any protection order issued that is 
consistent with subsection (b) of this section by the court of one 
State or Indian tribe (the issuing State or Indian tribe) shall be 
accorded full faith and credit by the court of another State or Indian 
tribe (the enforcing State or Indian tribe) and enforced as if it were 
the order of the enforcing State or tribe.
    ``(b) Protection Order.--A protection order issued by a State or 
tribal court is consistent with this subsection if--
            ``(1) such court has jurisdiction over the parties and 
        matter under the law of such State or Indian tribe; and
            ``(2) reasonable notice and opportunity to be heard is 
        given to the person against whom the order is sought sufficient 
        to protect that person's right to due process. In the case of 
        ex parte orders, notice and opportunity to be heard must be 
        provided within the time required by State or tribal law, and 
        in any event within a reasonable time after the order is 
        issued, sufficient to protect the respondent's due process 
        rights.
    ``(c) Cross or Counter Petition.--A protection order issued by a 
State or tribal court against one who has petitioned, filed a 
complaint, or otherwise filed a written pleading for protection against 
abuse by a spouse or intimate partner is not entitled to full faith and 
credit if--
            ``(1) no cross or counter petition, complaint, or other 
        written pleading was filed seeking such a protection order; or
            ``(2) a cross or counter petition has been filed and the 
        court did not make specific findings that each party was 
        entitled to such an order.
``Sec. 2266. Definitions for chapter
    ``As used in this chapter--
            ``(1) the term `spouse or intimate partner' includes--
                    ``(A) a spouse, a former spouse, a person who 
                shares a child in common with the abuser, a person who 
                cohabits or has cohabited with the abuser as a spouse, 
                and any other person similarly situated to a spouse; 
                and
                    ``(B) any other person, other than a minor child, 
                who is protected by the domestic or family violence 
                laws of the State in which the injury occurred or where 
                the victim resides;
            ``(2) the term `protection order' includes any injunction 
        or other order issued for the purpose of preventing violent or 
        threatening acts by one spouse against his or her spouse, 
        former spouse, or intimate partner, including temporary and 
        final orders issued by civil and criminal courts (other than 
        support or child custody orders) whether obtained by filing an 
        independent action or as a pendente lite order in another 
        proceeding so long as any civil order was issued in response to 
        a complaint, petition or motion filed by or on behalf of an 
        abused spouse or intimate partner;
            ``(3) the term `State' includes a State of the United 
        States, the District of Columbia, a commonwealth, territory, or 
        possession of the United States;
            ``(4) the term `travel across State lines' does not include 
        travel across State lines by an individual who is a member of 
        an Indian tribe when such individual remains at all times in 
        the territory of the Indian tribe of which the individual is a 
        member;
            ``(5) the term `bodily harm' means any act, except one done 
        in self-defense, that results in physical injury or sexual 
        abuse; and
            ``(6) the term `Indian country' has the meaning given to 
        such term by section 1151 of this title.''.
    (b) Table of Chapters.--The table of chapters at the beginning part 
1 of title 18, United States Code, is amended by inserting after the 
item for chapter 110 the following new item:

``110A. Violence against spouses............................   2261.''.

             Subtitle B--Arrest in Domestic Violence Cases

SEC. 221. ENCOURAGING ARREST POLICIES.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 
121, is further amended by--
            (1) redesignating part S as part T;
            (2) redesignating section 1901 as section 2001; and
            (3) adding after part R the following new part:

             ``PART S--GRANTS TO ENCOURAGE ARREST POLICIES

``SEC. 1901. ARREST POLICIES.

    ``(a) General Program Purpose.--The purpose of this part is to 
encourage States, Indian tribes, and units of local government to treat 
domestic violence as a serious violation of criminal law. The Director 
of the Bureau of Justice Assistance may make grants to eligible States, 
Indian tribes, or units of local government for the following:
            ``(1) To implement mandatory arrest or proarrest programs, 
        including mandatory arrest programs for protective order 
        violations.
            ``(2) To develop policies, and training in police 
        departments to improve tracking of cases involving domestic 
        violence.
            ``(3) To centralize and coordinate police enforcement, 
        prosecution, or judicial responsibility for domestic violence 
        cases in groups or units of police officers, prosecutors, or 
        judges.
            ``(4) To strengthen legal advocacy service programs for 
        victims of domestic violence.
            ``(5) To educate judges in criminal and other courts about 
        domestic violence and to improve judicial handling of such 
        cases.
    ``(b) Eligibility.--Eligible grantees are States, Indian tribes, or 
units of local government that--
            ``(1) certify that their laws or official policies--
                    ``(A)(i) encourage or mandate arrest of domestic 
                violence offenders based on probable cause that 
                violence has been committed; or
                    ``(ii) certify that all their law enforcement 
                personnel have received domestic violence training 
                conducted by a State Domestic Violence Coalition as 
                defined in section 10410(b) of title 42, United States 
                Code; and
                    ``(B) mandate arrest of domestic violence offenders 
                who violate the terms of a valid and outstanding 
                protection order;
            ``(2) demonstrate that their laws, policies, or practices, 
        and training programs discourage dual arrests of offender and 
        victim;
            ``(3) certify that their laws, policies, and practices 
        prohibit issuance of mutual restraining orders of protection 
        except in cases where both spouses file a claim and the court 
        makes detailed finding of fact indicating that both spouses 
        acted primarily as aggressors and that neither spouse acted 
        primarily in self-defense;
            ``(4) certify that their laws, policies, and practices do 
        not require, in connection with the prosecution of any 
        misdemeanor or felony domestic violence offense, that the 
        abused bear the costs associated with the filing of criminal 
        charges or the service of such charges on an abuser, or that 
        the abused bear the costs associated with the issuance or 
        service of a warrant, protection order, or witness subpoena; 
        and
            ``(5) certify that their laws and policies treat sex 
        offenses committed by offenders who are known to, cohabitants 
        of, or social companions of or related by blood or marriage to, 
        the victim no less severely than sex offenses committed by 
        offenders who are strangers to the victim.

``SEC. 1902. APPLICATIONS.

    ``(a) Application.--An eligible grantee shall submit an application 
to the Director that shall--
            ``(1) describe plans to implement policies described in 
        subsection (b);
            ``(2) identify the agency or office or groups of agencies 
        or offices responsible for carrying out the program; and
            ``(3) include documentation from nonprofit, private sexual 
        assault and domestic violence programs demonstrating their 
        participation in developing the application, and identifying 
        such programs in which such groups will be consulted for 
        development and implementation.
    ``(b) Priority.--In awarding grants under this part, the Director 
shall give priority to an applicant that--
            ``(1) does not currently provide for centralized handling 
        of cases involving domestic violence by policy, prosecutors, 
        and courts; and
            ``(2) demonstrates a commitment to strong enforcement of 
        laws, and prosecution of cases, involving domestic violence.

``SEC. 1903. REPORTS.

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

``SEC. 1904. DEFINITIONS.

    ``For purposes of this part--
            ``(1) the term `domestic violence' means a crime of 
        violence against a victim committed by a current or former 
        spouse of the victim, an individual with whom the victim shares 
        a child in common, an individual who cohabits with or has 
        cohabited with the victim as a spouse, or any other individual 
        similarly situated to a spouse, or any other person who is 
        protected under the domestic or family violence laws of the 
        eligible State, Indian tribe, municipality, or local government 
        entity.
            ``(2) the term `protection order' includes any injunction 
        issued for the purpose of preventing violent or threatening 
        acts of domestic violence including temporary and final orders 
        issued by civil and criminal courts (other than support or 
        child custody provisions) whether obtained by filing an 
        independent action or as a pendente lite order in another 
        proceeding.''.
    (b) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793), is amended by adding after paragraph (12), as added by section 
121 of this Act, the following:
    ``(13) There are authorized to be appropriated $25,000,000 for each 
of the fiscal years 1994, 1995, and 1996 to carry out the purposes of 
part S.''.
    (c) Administrative Provisions.--(1) Section 801(b) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968, as amended by 
section 121 of this Act, is amended by striking ``O, Q, and R'' and 
inserting ``O, Q, R, and S''; and
    (2) Section 802(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended by section 121 of this Act, is amended 
by striking ``O, Q, or R'' and inserting ``O, Q, R, or S''.
    (d) Effective Date.--The eligibility requirements provided in this 
section shall take effect 1 year after the date of enactment of this 
subtitle.
    (e) Conforming Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.), as amended by section 121, is further amended by striking the 
matter relating to part S and inserting the following:

             ``Part S--Grants to Encourage Arrest Policies

``Sec. 1901. Arrest policies.
``Sec. 1902. Applications.
``Sec. 1903. Reports.
``Sec. 1904. Definitions.
             ``Part T--Transition; Effective Date; Repealer

``Sec. 2001. Continuation of rules, authorities, and proceedings.''.

                     Subtitle C--Domestic Violence

SEC. 231. SHORT TITLE.

    This subtitle may be cited as the ``Domestic Violence Firearm 
Prevention Act''.

SEC. 232. FINDINGS.

    The Congress finds that--
            (1) domestic violence is the leading cause of injury to 
        women in the United States between the ages of 15 and 44;
            (2) firearms are used by the abuser in 7 percent of 
        domestic violence incidents and produces an adverse effect on 
        interstate commerce; and
            (3) individuals with a history of domestic abuse should not 
        have easy access to firearms.

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

    (a) Intimate Partner Defined.--Section 921(a) of title 18, United 
States Code, is amended by inserting at the end the following:
    ``(29) The term `intimate partner' means, with respect to a person, 
the spouse of the person, a former spouse of the person, an individual 
who is a parent of a child of the person, and an individual who 
cohabitates or has cohabited with the person.''.
    (b) Prohibition Against Disposal of Firearms.--Section 922(d) of 
such title is amended--
            (1) by striking ``or'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; or''; and
            (3) by inserting after paragraph (7) the following:
            ``(8) is subject to a court order that restrains such 
        person from harassing, stalking, or threatening an intimate 
        partner of such person, or engaging in other conduct that would 
        place an intimate partner in reasonable fear of bodily injury, 
        except that this paragraph shall only apply to a court order 
        that (A) was issued after a hearing of which such person 
        received actual notice, and at which such person had the 
        opportunity to participate, and (B) includes a finding that 
        such person represents a credible threat to the physical safety 
        of such intimate partner.''.
    (c) Prohibition Against Receipt of Firearms.--Section 922(g) of 
such title is amended--
            (1) by striking ``or'' at the end of paragraph (6);
            (2) by inserting ``or'' at the end of paragraph (7); and
            (3) by inserting after paragraph (7) the following:
            ``(8) who is subject to a court order that--
                    ``(A) was issued after a hearing of which such 
                person received actual or constructive notice, and at 
                which such person had an opportunity to participate;
                    ``(B) restrains such person from harassing, 
                stalking, or threatening an intimate partner of such 
                person, or engaging in other conduct that would place 
                an intimate partner in reasonable fear of bodily 
                injury; and
                    ``(C) includes a finding that such person 
                represents a credible threat to the physical safety of 
                such intimate partner,''.
    (d) Storage of Firearms.--Section 926(a) of such title is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (2) the following:
            ``(3) regulations providing for effective receipt and 
        secure storage of firearms relinquished by or seized from 
        persons described in subsection (d)(8) or (g)(8) of section 
        922.''.
    (e) Return of Firearms.--Section 924(d)(1) of such title is amended 
by striking ``the seized'' and inserting ``or lapse of or court 
termination of the restraining order to which he is subject, the seized 
or relinquished''.

               Subtitle D--Protection for Immigrant Women

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

    (a) In General.--Section 204(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``(i)'' after ``(A)'',
                    (B) by redesignating the second sentence as clause 
                (ii), and
                    (C) by adding at the end the following new clause:
    ``(iii) An alien who is the spouse of a citizen of the United 
States, who is eligible to be classified as an immediate relative under 
section 201(b)(2)(A)(i), and who has resided in the United States with 
the alien's spouse may file a petition with the Attorney General under 
this subparagraph for classification of the alien (and children of the 
alien) under such section if the alien demonstrates to the Attorney 
General that--
            ``(I) the alien is residing in the United States, the 
        marriage between the alien and the spouse was entered into in 
        good faith by the alien, and during the marriage the alien or a 
        child of the alien has been battered by or has been the subject 
        of extreme cruelty perpetrated by the alien's spouse, or
            ``(II) the alien is residing in the United States with the 
        alien's spouse, the alien has been married to and residing with 
        the spouse for a period of not less than 3 years, and the 
        alien's spouse has failed to file a petition under clause (i) 
        on behalf of the alien.''; and
            (2) in subparagraph (B)--
                    (A) by inserting ``(i)'' after ``(B)'', and
                    (B) by adding at the end the following new clause:
    ``(ii) An alien who is the spouse of an alien lawfully admitted for 
permanent residence, who is eligible for classification under section 
203(a)(2)(A), and who has resided in the United States with the alien's 
legal permanent resident spouse may file a petition with the Attorney 
General under this subparagraph for classification of the alien (and 
children of the alien) under such section if the alien demonstrates to 
the Attorney General that the conditions described in subclause (I) or 
(II) of subparagraph (A)(iii) are met with respect to the alien.''.
    (b) Conforming Amendments.--(1) Section 204(a)(2) of such Act (8 
U.S.C. 1154(a)(2)) is amended--
            (A) in subparagraph (A), by striking ``filed by an alien 
        who,'' and inserting ``for the classification of the spouse of 
        an alien if the alien,'', and
            (B) in subparagraph (B), by striking ``by an alien whose 
        prior marriage'' and inserting ``for the classification of the 
        spouse of an alien if the prior marriage of the alien''.
    (2) Section 201(b)(2)(A)(i) of such Act (8 U.S.C. 1151(b)(2)(A)(i)) 
is amended by striking ``204(a)(1)(A)'' and inserting 
``204(a)(1)(A)(ii)''.
    (c) Survival Rights to Petition.-- Section 204 of the Immigration 
and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the 
following new subsection:
    ``(h) The legal termination of a marriage may not be the basis for 
revocation under section 205 of a petition filed under subsection 
(a)(1)(A)(iii)(I) or a petition filed under subsection (a)(1)(B)(ii) 
pursuant to conditions described in subsection (a)(1)(A)(iii)(I).''.
    (d) Effective Date.--The amendments made by this section shall take 
effect January 1, 1994.

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

    (a) In General.--Section 216(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by inserting after 
the second sentence the following: ``In acting on applications under 
this paragraph, the Attorney General shall consider any credible 
evidence submitted in support of the application (whether or not the 
evidence is supported by an evaluation of a licensed mental health 
professional). The determination of what evidence is credible and the 
weight to be given that evidence shall be within the sole discretion of 
the Attorney General.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
applications made before, on, or after such date.

SEC. 243. SUSPENSION OF DEPORTATION.

    Section 244(a) of the Immigration and Nationality Act (8 U.S.C. 
1254(a)) is amended--
            (1) at the end of paragraph (1) by striking ``or'';
            (2) at the end of paragraph (2) by striking the period and 
        inserting ``; or''; and
            (3) by inserting after paragraph (2) the following:
            ``(3) is deportable under any law of the United States 
        except section 241(a)(1)(G) and the provisions specified in 
        paragraph (2); is physically present in the United States; has 
        been battered or subjected to extreme cruelty in the United 
        States by a spouse or parent who is a United States citizen or 
        lawful permanent resident; and proves that during all of such 
        time in the United States the alien was and is a person of good 
        moral character; and is a person whose deportation would, in 
        the opinion of the Attorney General, result in extreme hardship 
        to the alien or the alien's parent or child.''.

                  TITLE III--MISCELLANEOUS PROVISIONS

                          Subtitle A--Reports

SEC. 301. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF 
              DOMESTIC VIOLENCE.

    (a) Report.--The Attorney General shall conduct a study of the 
means by which abusive spouses may obtain information concerning the 
addresses or locations of estranged or former spouses, notwithstanding 
the desire of the victims to have such information withheld to avoid 
further exposure to abuse. Based on the study, the Attorney General 
shall transmit a report to Congress including--
            (1) the findings of the study concerning the means by which 
        information concerning the addresses or locations of abused 
        spouses may be obtained by abusers; and
            (2) analysis of the feasibility of creating effective means 
        of protecting the confidentiality of information concerning the 
        addresses and locations of abused spouses to protect such 
        persons from exposure to further abuse while preserving access 
        to such information for legitimate purposes.
    (b) Use of Components.--The Attorney General may use the National 
Institute of Justice and the Office for Victims of Crime in carrying 
out this section.

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

    Not later than 1 year after the date of enactment of this Act, the 
Attorney General shall complete a study of, and shall submit to 
Congress a report and recommendations on, problems of recordkeeping of 
criminal complaints involving domestic violence. The study and report 
shall examine--
            (1) the efforts that have been made by the Department of 
        Justice, including the Federal Bureau of Investigation, to 
        collect statistics on domestic violence; and
            (2) the feasibility of requiring that the relationship 
        between an offender and victim be reported in Federal records 
        of crimes of aggravated assault, rape, and other violent 
        crimes.

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

SEC. 311. ESTABLISHMENT.

    Not later than 30 days after the date of enactment of this Act, the 
Attorney General shall establish a task force to be known as the 
Attorney General's Task Force on Violence Against Women (referred to in 
this subtitle as the ``Task Force'').

SEC. 312. GENERAL PURPOSES OF TASK FORCE.

    (a) General Purpose of the Task Force.--The Task Force shall review 
Federal, State, and local strategies for preventing and punishing 
violent crimes against women, including the enhancement and protection 
of the rights of the victims of such crimes, and make recommendations 
to improve the response to such crimes.
    (b) Functions.--The Task Force shall perform such functions as the 
Attorney General deems appropriate to carry out the purposes of the 
Task Force, including--
            (1) evaluating the adequacy of, and making recommendations 
        regarding, current law enforcement efforts at the Federal and 
        State levels to reduce the rate of violent crimes against 
        women;
            (2) evaluating the adequacy of, and making recommendations 
        regarding, the responsiveness of State prosecutors and State 
        courts to violent crimes against women;
            (3) evaluating the adequacy of State and Federal rules of 
        evidence, practice, and procedure to ensure the effective 
        prosecution and conviction of violent offenders against women 
        and to protect victims from abuse in legal proceedings, making 
        recommendations, where necessary, to improve those rules;
            (4) evaluating the adequacy of pretrial release, 
        sentencing, incarceration, and post-conviction release for 
        crimes that predominantly affect women, such as rape and 
        domestic violence;
            (5) evaluating the adequacy of, and making recommendations 
        regarding, the adequacy of State and Federal laws on sexual 
        assault and the need for a more uniform statutory response to 
        sex offenses, including sexual assaults and other sex offenses 
        committed by offenders who are known or related by blood or 
        marriage to the victim;
            (6) evaluating the adequacy of, and making recommendations 
        regarding, the adequacy of State and Federal laws on domestic 
        violence and the need for a more uniform statutory response to 
        domestic violence;
            (7) evaluating the adequacy of, and making recommendations 
        regarding, the adequacy of current education, prevention, and 
        protection services for women victims of violent crimes;
            (8) assessing the issuance, formulation, and enforcement of 
        protective orders, whether or not related to a criminal 
        proceeding, and making recommendations for their more effective 
        use in domestic violence and stalking cases;
            (9) assessing the problem of stalking and persistent 
        menacing and recommending an effective Federal response to the 
        problem;
            (10) evaluating the adequacy of, and making recommendations 
        regarding, the national public awareness and the public 
        dissemination of information essential to the prevention of 
        violent crimes against women;
            (11) evaluating the treatment of women as victims of 
        violent crime in the State and Federal criminal justice system, 
        and making recommendations to improve such treatment; and
            (12) assessing the problem of sexual exploitation of women 
        and youths through prostitution and in the production of 
        pornography, and recommending effective means of response to 
        the problem.

SEC. 313. MEMBERSHIP.

    (a) Chair; Number and Appointment.--The Task Force shall be chaired 
by the Attorney General (or designee). Not later than 60 days after the 
date of the enactment of this Act, after consultation with the 
Secretary of Health and Human Services, the Secretary of Education, and 
the Secretary of Housing and Urban Development, the Attorney General 
shall select up to 14 other members to serve on the Task Force.
    (b) Participation.--The Attorney General (or designee) shall 
select, without regard to political affiliation, members who are 
specially qualified to serve on the Task Force based on their 
involvement in efforts to combat violence against women, assistance or 
service to victims of such violence, or other pertinent experience or 
expertise. The Attorney General shall ensure that the Task Force 
includes a broad base of participation by including members with 
backgrounds in such areas as law enforcement, victim services and 
advocacy, legal defense and prosecution, judicial administration, 
medical services, and counseling.
    (c) Vacancies.--The Attorney General may fill any vacancy that 
occurs on the Task Force.

SEC. 314. TASK FORCE OPERATIONS.

    (a) Meetings.--The Task Force shall hold its first meeting on a 
date specified by the Attorney General (or designee), but shall not be 
later than 60 days after the date of the enactment of this Act. After 
the initial meeting, the Task Force shall meet at the call of the 
Attorney General (or designee), but shall meet at least 6 times.
    (b) Pay.--Members of the Task Force who are officers or employees 
or elected officials of a government entity shall receive no additional 
compensation by reason of their service on the Task Force.
    (c) Per Diem.--Except as provided in subsection (b), members of the 
Task Force shall be allowed travel and other expenses including per 
diem in lieu of subsistence, at rates authorized for employees of 
agencies under sections 5702 and 5703 of title 5, United States Code.

SEC. 315. REPORTS.

    (a) In General.--Not later than 1 year after the date on which the 
Task Force is fully constituted under section 313, the Task Force shall 
prepare and submit a final report to the President and to congressional 
committees that have jurisdiction over legislation addressing violent 
crimes against women, including the crimes of domestic and sexual 
assault.
    (b) Contents.--The final report submitted under paragraph (1) shall 
contain a detailed statement of the activities of the Task Force and of 
the findings and conclusions of the Task Force, including such 
recommendations for legislation and administrative action as the Task 
Force considers appropriate.

SEC. 316. EXECUTIVE DIRECTOR AND STAFF.

    (a) Executive Director.--
            (1) Appointment.--The Task Force shall have an Executive 
        Director who shall be appointed by the Attorney General (or 
        designee), with the approval of the Task Force.
            (2) Compensation.--The Executive Director shall be 
        compensated at a rate not to exceed the maximum rate of the 
        basic pay payable for a position above GS-15 of the General 
        Schedule contained in title 5, United States Code.
    (b) Staff.--With the approval of the Task Force, the Executive 
Director may appoint and fix the compensation of such additional 
personnel as the Executive Director considers necessary to carry out 
the duties of the Task Force.
    (c) Applicability of Civil Service Laws.--The Executive Director 
and the additional personnel of the Task Force appointed under 
subsection (b) may be appointed without regard to the provisions of 
title 5, United States Code, governing appointments in the competitive 
service, and may be paid without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates.
    (d) Consultants.--Subject to such rules as may be prescribed by the 
Task Force, the Executive Director may procure temporary or 
intermittent services under section 3109(b) of title 5, United States 
Code, at rates for individuals not to exceed $200 per day.

SEC. 317. POWERS OF TASK FORCE.

    (a) Hearings.--For the purposes of carrying out this subtitle, the 
Task Force may conduct such hearings, sit and act at such times and 
places, take such testimony, and receive such evidence, as the Task 
Force considers appropriate. The Task Force may administer oaths for 
testimony before the Task Force.
    (b) Delegation.--Any member or employee of the Task Force may, if 
authorized by the Task Force, take any action that the Task Force is 
authorized to take under this subtitle.
    (c) Access to Information.--The Task Force may request directly 
from any executive department or agency such information as may be 
necessary to enable the Task Force to carry out this subtitle, on the 
request of the Attorney General (or designee).
    (d) Mails.--The Task Force may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.

SEC. 318. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 319. TERMINATION.

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

                        Subtitle C--STD Testing

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

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

                       Subtitle D--Grant Programs

SEC. 331. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

    (a) Findings.--Congress finds that--
            (1) 4,000,000 women are battered by their partners each 
        year, of which 4,000 die as a result of such abuse;
            (2) victims of domestic violence need access to resources 
        which will refer such victims and their children to safe homes 
        and shelters; and
            (3) there is a need for a national domestic violence 
        hotline to provide information and assistance to victims of 
        domestic violence because a privately funded national domestic 
        violence hotline which handled more than 65,000 crisis calls 
        annually no longer exists.
    (b) In General.--The Attorney General, through the Bureau of 
Justice Assistance, shall provide a grant to a nonprofit private 
organization to establish and operate a national, toll-free telephone 
hotline to provide information and assistance to victims of domestic 
violence. A grant provided under this subsection may extend over a 
period of not more than 3 fiscal years and the provision of payments 
under such grant shall be subject to annual approval by the Attorney 
General and subject to the availability of appropriations for the 
fiscal year involved to make the payments.
    (c) Application.--
            (1) In general.--The Attorney General may not provide a 
        grant under subsection (b) unless an application that meets the 
        requirements of paragraph (2) has been approved by the Attorney 
        General.
            (2) Requirements.--An application meets the requirements of 
        this paragraph if the application--
                    (A) contains such agreements, assurances, and 
                information, and is in such form and submitted in such 
                manner as the Attorney General shall prescribe through 
                notice in the Federal Register;
                    (B) demonstrates that the applicant has nationally 
                recognized expertise in the area of domestic violence 
                and a record of high quality service to victims of 
                domestic violence, including support from advocacy 
                groups, particularly State coalitions and recognized 
                national domestic violence groups;
                    (C) demonstrates that the applicant has a 
                commitment to diversity, including the hiring of and 
                provision of services to ethnic, racial, cultural, and 
                non-English speaking minorities, in addition to older 
                individuals and individuals with disabilities;
                    (D) demonstrates that the applicant has the ability 
                to integrate the hotline into existing services 
                provided by the applicant to victims of domestic 
                violence;
                    (E) includes a complete description of the 
                applicant's plan for the establishment and operation of 
                the hotline, including a description of--
                            (i) the hiring criteria and training 
                        program for hotline personnel;
                            (ii) the methods for the creation, 
                        maintenance, and updating of a resource 
                        database for the hotline;
                            (iii) a plan for providing service on a 24-
                        hour-a-day basis to non-English speaking 
                        callers, including hotline personnel who speak 
                        Spanish;
                            (iv) a plan for access to the hotline by 
                        individuals with hearing impairments; and
                            (v) a plan for publicizing the availability 
                        of the hotline; and
                    (F) contains such other information as the Attorney 
                General may require.
    (d) Selection.--The Attorney General shall select a nonprofit 
private organization to receive a grant under subsection (b) which has 
been in existence for at least 5 years from the date of submission of 
the application by the organization.
    (e) Uses.--A grant made under subsection (b) shall be used to 
establish and operate a national, toll-free telephone hotline to 
provide information and assistance to victims of domestic violence. In 
establishing and operating the hotline, a nonprofit private 
organization shall--
            (1) contract with a carrier for the use of a toll-free 
        telephone line;
            (2) employ, train, and supervise personnel to answer 
        incoming calls and provide counseling and referral services to 
        callers on a 24-hour-a-day basis;
            (3) establish, maintain, and update a database of 
        information relating to services for victims of domestic 
        violence, including information on the availability of shelters 
        that serve battered women; and
            (4) publicize the hotline to potential users throughout the 
        United States.
    (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $1,000,000 for each of the fiscal years 
        1994 through 1996.
            (2) Availability.--Funds authorized to be appropriated 
        under paragraph (1) shall remain available until expended.

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

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 221 
of this Act, is amended by--
            (1) redesignating part T as part U;
            (2) redesignating section 2001 as section 2101;
        and
            (3) adding after part S the following new part:

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

``SEC. 2001. GRANT AUTHORITY.

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

``SEC. 2002. APPLICATIONS.

    ``(a) In General.--An organization that desires to receive a grant 
under this section shall submit to the Director an application, in such 
form and in such manner as the Director may reasonably require that--
            ``(1) demonstrates that the applicant will serve a 
        community leadership function, bringing together opinion 
        leaders from each sector of the community to develop a 
        coordinated community consensus opposing domestic violence;
            ``(2) demonstrates a community action component to improve 
        and expand current intervention and prevention strategies 
        through increased communication and coordination among all 
        affected sectors;
            ``(3) includes a complete description of the applicant's 
        plan for the establishment and operation of the community 
        project, including a description of--
                    ``(A) the method for identification and selection 
                of an administrative committee made up of persons 
                knowledgeable in domestic violence to oversee the 
                project, hire staff, assure compliance with the project 
                outline, and secure annual evaluation of the project;
                    ``(B) the method for identification and selection 
                of project staff and a project evaluator;
                    ``(C) the method for identification and selection 
                of a project council consisting of representatives of 
                the community sectors listed in subsection (b)(2);
                    ``(D) the method for identification and selection 
                of a steering committee consisting of representatives 
                of the various community sectors who will chair 
                subcommittees of the project council focusing on each 
                of the sectors; and
                    ``(E) a plan for developing outreach and public 
                education campaigns regarding domestic violence; and
            ``(4) contains such other information, agreements, and 
        assurances as the Director may require.
    ``(b) Eligibility.--To be eligible for a grant under this section, 
such application shall include--
            ``(1) an assurance that the applicant is a nonprofit 
        private organization organized for the purpose of coordinating 
        community projects for the intervention in and prevention of 
        domestic violence; and
            ``(2) an assurance that such nonprofit organization 
        includes representation from pertinent sectors of the local 
        community, including--
                    ``(A) health care providers;
                    ``(B) the education community;
                    ``(C) the religious community;
                    ``(D) the justice system;
                    ``(E) domestic violence program advocates;
                    ``(F) human service entities such as State child 
                services divisions; and
                    ``(G) business and civic leaders.

``SEC. 2003. AWARD OF GRANTS.

    ``(a) Term.--A grant provided under this section may extend over a 
period of not more than 3 fiscal years.
    ``(b) Conditions on Payment.--Payments under a grant under this 
section shall be subject to--
            ``(1) annual approval by the Director; and
            ``(2) availability of appropriations.
    ``(c) Geographical Dispersion.--The Director shall award grants 
under this section to organizations in communities geographically 
dispersed throughout the country.

``SEC. 2004. USES OF FUNDS.

    ``(a) In General.--A grant made under subsection (a) shall be used 
to establish and operate a community project to coordinate intervention 
and prevention of domestic violence.
    ``(b) Requirements.--In establishing and operating a project, a 
nonprofit private organization shall--
            ``(1) establish protocols to improve and expand domestic 
        violence intervention and prevention strategies among all 
        affected sectors;
            ``(2) develop action plans to direct responses within each 
        community sector that are in conjunction with development in 
        all other sectors; and
            ``(3) provide for periodic evaluation of the project with a 
        written report and analysis to assist application of this 
        concept in other communities.''.
    (b) Authorization of Appropriations.--Section 1001 of the Omnibus 
Crime Control and Safe Streets Act of 1968 is amended by adding after 
paragraph (13), as added by section 221 of this Act, the following:
    ``(14) There are authorized to be appropriated to carry out part T 
$20,000,000 for fiscal year 1994 and such sums as are necessary for 
each of the fiscal years 1995, 1996, and 1997, to remain available 
until expended.''.
    (c) Administrative Provisions.--(1) Section 801(b) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968, as amended by 
section 221 of this Act, is amended by striking ``O, Q, R, and S'' and 
inserting ``O, Q, R, S, and T''; and
    (2) Section 802(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended by section 221 of this Act, is amended 
by striking ``O, Q, R, or S'' and inserting ``O, Q, R, S, or T''.
    (d) Conforming Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.), as amended by section 221 of this Act, is amended by striking 
the matter relating to part T and inserting the following:

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

``Sec. 2001. Grant authority.
``Sec. 2002. Applications.
``Sec. 2003. Award of grants.
``Sec. 2004. Uses of funds.
             ``Part U--Transition; Effective Date; Repealer

``Sec. 2101. Continuation of rules, authorities, and proceedings.''.

            TITLE IV--EQUAL JUSTICE FOR WOMEN IN THE COURTS

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

SEC. 401. GRANTS AUTHORIZED.

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

SEC. 402. TRAINING PROVIDED BY GRANTS.

    Training provided pursuant to grants made under this subtitle may 
include current information, existing studies, or current data on--
            (1) the nature and incidence of rape and sexual assault by 
        strangers and nonstrangers, marital rape, and incest;
            (2) the underreporting of rape, sexual assault, and child 
        sexual abuse;
            (3) the physical, psychological, and economic impact of 
        rape and sexual assault on the victim, the costs to society, 
        and the implications for sentencing;
            (4) the psychology of sex offenders, their high rate of 
        recidivism, and the implications for sentencing;
            (5) the historical evolution of laws and attitudes on rape 
        and sexual assault;
            (6) sex stereotyping of female and male victims of rape and 
        sexual assault, racial stereotyping of rape victims and 
        defendants, and the impact of such stereotypes on credibility 
        of witnesses, sentencing, and other aspects of the 
        administration of justice;
            (7) application of rape shield laws and other limits on 
        introduction of evidence that may subject victims to improper 
        sex stereotyping and harassment in both rape and nonrape cases, 
        including the need for sua sponte judicial intervention in 
        inappropriate cross-examination;
            (8) the use of expert witness testimony on rape trauma 
        syndrome, child sexual abuse accommodation syndrome, post-
        traumatic stress syndrome, and similar issues;
            (9) the legitimate reasons why victims or rape, sexual 
        assault, domestic violence, and incest may refuse to testify 
        against a defendant;
            (10) the nature and incidence of domestic violence;
            (11) the physical, psychological, and economic impact of 
        domestic violence on the victim, the costs to society, and the 
        implications for court procedures and sentencing;
            (12) the psychology and self-presentation of batterers and 
        victims and the negative implications for court proceedings and 
        credibility of witnesses;
            (13) sex stereotyping of female and male victims of 
        domestic violence, myths about presence or absence of domestic 
        violence in certain racial, ethnic, religious, or socioeconomic 
        groups, and their impact on the administration of justice;
            (14) historical evolution of laws and attitudes on domestic 
        violence;
            (15) proper and improper interpretations of the defenses of 
        self-defense and provocation, and the use of expert witness 
        testimony on battered woman syndrome;
            (16) the likelihood of retaliation, recidivism, and 
        escalation of violence by batterers, and the potential impact 
        of incarceration and other meaningful sanctions for acts of 
        domestic violence including violations of orders of protection;
            (17) economic, psychological, social and institutional 
        reasons for victims' inability to leave the batterer, to report 
        domestic violence or to follow through on complaints, including 
        the influence of lack of support from police, judges, and court 
        personnel, and the legitimate reasons why victims of domestic 
        violence may refuse to testify against a defendant and should 
        not be held in contempt;
            (18) the need for orders of protection, and the negative 
        implications of mutual orders of protection, dual arrest 
        policies, and mediation in domestic violence cases; and
            (19) recognition of and response to gender- motivated 
        crimes of violence other than rape, sexual assault and domestic 
        violence, such as mass or serial murder motivated by the gender 
        of the victims.

SEC. 403. COOPERATION IN DEVELOPING PROGRAMS.

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

SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for fiscal year 1994, 
$600,000 to carry out the purposes of this subtitle. Of amounts 
appropriated under this section, the State Justice Institute shall 
expend no less than 40 percent on model programs regarding domestic 
violence and no less than 40 percent on model programs regarding rape 
and sexual assault.

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

SEC. 411. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING 
              GRANTS.

    (a) Study.--In order to gain a better understanding of the nature 
and the extent of gender bias in the Federal courts, the circuit 
judicial councils are encouraged to conduct studies of the instances of 
gender bias in their respective circuits. The studies may include an 
examination of the effects of gender on--
            (1) the treatment of litigants, witnesses, attorneys, 
        jurors, and judges in the courts, including before magistrate 
        and bankruptcy judges;
            (2) the interpretation and application of the law, both 
        civil and criminal;
            (3) treatment of defendants in criminal cases;
            (4) treatment of victims of violent crimes;
            (5) sentencing;
            (6) sentencing alternatives, facilities for incarceration, 
        and the nature of supervision of probation, parole, and 
        supervised release;
            (7) appointments to committees of the Judicial Conference 
        and the courts;
            (8) case management and court sponsored alternative dispute 
        resolution programs;
            (9) the selection, retention, promotion, and treatment of 
        employees;
            (10) appointment of arbitrators, experts, and special 
        masters;
            (11) the admissibility of past sexual history in civil and 
        criminal cases; and
            (12) the aspects of the topics listed in section 402 that 
        pertain to issues within the jurisdiction of the Federal 
        courts.
    (b) Clearinghouse.--The Judicial Conference of the United States 
shall designate an entity within the Judicial Branch to act as a 
clearinghouse to disseminate any reports and materials issued by the 
gender bias task forces under subsection (a) and to respond to requests 
for such reports and materials. The gender bias task forces shall 
provide this entity with their reports and related material.
    (c) Model Programs.--The Federal Judicial Center, in carrying out 
section 620(b)(3) of title 28, United States Code, shall--
            (1) include in the educational programs it presents and 
        prepares, including the training programs for newly appointed 
        judges, information on issues related to gender bias in the 
        courts including such areas as are listed in subsection (a) 
        along with such other topics as the Federal Judicial Center 
        deems appropriate;
            (2) prepare materials necessary to implement this 
        subsection; and
            (3) take into consideration the findings and 
        recommendations of the studies conducted pursuant to subsection 
        (a), and to consult with individuals and groups with relevant 
        expertise in gender bias issues as it prepares or revises such 
        materials.

SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated--
            (1) $600,000 to the Salaries and Expenses Account of the 
        Courts of Appeals, District Courts, and other Judicial 
        Services, to carry out section 411(a), to be available until 
        expended through fiscal year 1996;
            (2) $100,000 to the Federal Judicial Center to carry out 
        section 411(c) and any activities designated by the Judicial 
        Conference under section 411(b); and
            (3) such sums as are necessary to the Administrative Office 
        of the United States Courts to carry out any activities 
        designated by the Judicial Conference under section 411(b).
    (b) The Judicial Conference of the United States.--(1) The Judicial 
Conference of the United States Courts shall allocate funds to Federal 
circuit courts under this subtitle that--
            (A) undertake studies in their own circuits; or
            (B) implement reforms recommended as a result of such 
        studies in their own or other circuits, including education and 
        training.
    (2) Funds shall be allocated to Federal circuits under this 
subtitle on a first come first serve basis in an amount not to exceed 
$100,000 on the first application. If within 6 months after the date on 
which funds authorized under this Act become available, funds are still 
available, circuits that have received funds may reapply for additional 
funds, with not more than $200,000 going to any one circuit.

                     Subtitle C--Evidentiary Rules

SEC. 421. EXPERT TESTIMONY OF DOMESTIC VIOLENCE.

    (a) Findings.--The Congress finds that--
            (1) State criminal courts often fail to admit expert 
        testimony offered by a defendant concerning the nature and 
        effect of physical, sexual, and mental abuse to assist the 
        trier of fact in assessing the behavior, beliefs, or 
        perceptions of such defendant in a domestic relationship in 
        which abuse has occurred;
            (2) the average juror often has little understanding of the 
        nature and effect of domestic violence on such a defendant's 
        behavior, beliefs, or perceptions, and the lack of 
        understanding can result in the juror blaming the woman for her 
        victimization;
            (3) the average juror is often unaware that victims of 
        domestic violence are frequently in greater danger of violence 
        after they terminate or attempt to terminate domestic 
        relationships with their abuser;
            (4) myths, misconceptions, and victim-blaming attitudes are 
        often held not only by the average lay person but also by many 
        in the criminal justice system, insofar as the criminal justice 
        system traditionally has failed to protect women from violence 
        at the hands of men;
            (5) specialized knowledge of the nature and effect of 
        domestic violence is sufficiently established to have gained 
        the general acceptance which is required for the admissibility 
        of expert testimony;
            (6) although both men and women can be victims of physical, 
        sexual, and mental abuse by their partners in domestic 
        relationships, the most frequent victims are women; and
            (7) a woman is more likely to be assaulted and injured, 
        raped, or killed by her current or former male partner than by 
        any other type of assailant, and over one-half of all women 
        murdered are killed by their current or former male partners.
    (b) Sense of Congress.--It is the sense of the Congress that the 
executive branch, working through the State Justice Institute, should 
examine programs which would allow the States to consider--
            (1) that expert testimony concerning the nature and effect 
        of domestic violence, including descriptions of the experiences 
        of battered women, be admissible when offered in a State court 
        by a defendant in a criminal case to assist the trier of fact 
        in understanding the behavior, beliefs, or perceptions of such 
        defendant in a domestic relationship in which abuse has 
        occurred;
            (2) that a witness be qualified to testify as an expert 
        witness based upon her or his knowledge, skill, experience, 
        training, or education, and be permitted to testify in the form 
        of an opinion or otherwise; and
            (3) that expert testimony about a domestic relationship be 
        admissible to include testimony of relationships between 
        spouses, former spouses, cohabitants, former cohabitants, 
        partners or former partners, and between persons who are in, or 
        have been in, a dating, courtship, or intimate relationship.

            Passed the House of Representatives November 20, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR 1133 RFS----2
HR 1133 RFS----3
HR 1133 RFS----4
HR 1133 RFS----5
HR 1133 RFS----6