[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 688 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 688

To prevent and punish sexual violence and domestic violence, to assist 
   and protect the victims of such crimes, to assist State and local 
                    efforts, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 1993

 Ms. Molinari (for herself, Mr. Kyl, Mr. Johnson of South Dakota, Mr. 
  Manton, Ms. Fowler, Mr. Rangel, Mr. Moorhead, Mr. Ford of Michigan, 
 Mrs. Collins of Michigan, Mr. Cox, Mr. Poshard, Mr. Schiff, Mr. Pete 
  Geren of Texas, Mr. Inglis, Mr. Gingrich, Mr. Oxley, Mr. Ewing, Mr. 
 Baker of California, Mr. Zeliff, Mr. Frost, Mr. Hyde, Mr. Cunningham, 
   Mr. Blute, Mr. Roth, Mrs. Johnson of Connecticut, Mr. Barrett of 
    Wisconsin, Mr. Moran, Mr. Baker of Louisiana, Mr. Machtley, Mr. 
 Emerson, Mr. Greenwood, and Mr. Paxon) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To prevent and punish sexual violence and domestic violence, to assist 
   and protect the victims of such crimes, to assist State and local 
                    efforts, and for other purposes.

    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 ``Sexual Assault Prevention Act of 
1993''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
                        TITLE I--SEXUAL VIOLENCE

                   Subtitle A--Penalties and Remedies

Sec. 101. Pretrial detention in sex offense cases.
Sec. 102. Death penalty for murders committed by sex offenders.
Sec. 103. Increased penalties for recidivist sex offenders.
Sec. 104. Increased penalties for sex offenses against victims below 
                            the age of 16.
Sec. 105. Sentencing guidelines increase for sex offenses.
Sec. 106. HIV testing and penalty enhancement in sex offense cases.
Sec. 107. Payment of cost of HIV testing for victims in sex offense 
                            cases.
Sec. 108. Increased penalties for drug distribution to pregnant women.
Sec. 109. Extension and strengthening of restitution.
Sec. 110. Enforcement of restitution orders through suspension of 
                            federal benefits.
Sec. 111. Civil remedy for victims of sexual violence.
         Subtitle B--Rules of Evidence, Practice, and Procedure

Sec. 121. Admissibility of evidence of similar crimes in sex offense 
                            cases.
Sec. 122. Extension and strengthening of rape victim shield law.
Sec. 123. Inadmissibility of evidence to show provocation or invitation 
                            by victim in sex offense cases.
Sec. 124. Right of the victim to fair treatment in legal proceedings.
Sec. 125. Right of the victim to an impartial jury.
Sec. 126. Victim's right of allocution in sentencing.
Sec. 127. Victim's right of privacy.
                       Subtitle C--Safe Campuses

Sec. 131. National baseline study on campus sexual assault.
            Subtitle D--Assistance to States and Localities

Sec. 141. Sexual violence grant program.
Sec. 142. Supplementary grants for states adopting effective laws 
                            relating to sexual violence.
 TITLE II--DOMESTIC VIOLENCE, STALKING, AND OFFENSES AGAINST THE FAMILY

Sec. 201. Interstate travel to commit spouse abuse or to violate 
                            protective order; interstate stalking.
Sec. 202. Full faith and credit for protective orders.
Sec. 203. Non-compliance with child support obligations in interstate 
                            cases.
Sec. 204. Presumption against child custody for spouse abusers.
Sec. 205. Report on battered women's syndrome.
Sec. 206. Report on confidentiality of addresses for victims of 
                            domestic violence.
Sec. 207. Report on recordkeeping relating to domestic violence.
Sec. 208. Domestic violence and family support grant program.
        TITLE III--NATIONAL TASK FORCE ON VIOLENCE AGAINST WOMEN

Sec. 301. Establishment.
Sec. 302. Duties of task force.
Sec. 303. Membership.
Sec. 304. Pay.
Sec. 305. Executive director and staff.
Sec. 306. Powers of task force.
Sec. 307. Report.
Sec. 308. Authorization of appropriation.
Sec. 309. Termination.

                        TITLE I--SEXUAL VIOLENCE

                   Subtitle A--Penalties and Remedies

SEC. 101. PRETRIAL DETENTION IN SEX OFFENSE CASES.

    Section 3156(a)(4) of title 18, United States Code, is amended by 
striking ``, or'' at the end of subparagraph (A) and inserting a 
semicolon, by striking the period at the end of subparagraph (B) and 
inserting ``; or'', and by adding after subparagraph (B) the following 
new subparagraph:
                    ``(C) any felony under chapter 109A or chapter 110 
                of this title.''

SEC. 102. DEATH PENALTY FOR MURDERS COMMITTED BY SEX OFFENDERS.

    Title 18 of the United States Code is amended--(a) by adding the 
following new section at the end of chapter 51:
``Sec. 1118. Capital Punishment for Murders Committed by Sex Offenders
    ``(a) Offense.--Whoever--
            ``(1) causes the death of a person intentionally, 
        knowingly, or through recklessness manifesting extreme 
        indifference to human life; or
            ``(2) causes the death of a person through the intentional 
        infliction of serious bodily injury;
shall be punished as provided in subsection (c) of this section.
    ``(b) Federal Jurisdiction.--There is Federal jurisdiction over an 
offense described in this section if the conduct resulting in death 
occurs in the course of another offense against the United States.
    ``(c) Penalty.--An offense described in this section is a Class A 
felony. A sentence of death may be imposed for an offense described in 
this section as provided in subsections (d)-(l), except that a sentence 
of death may not be imposed on a defendant who was below the age of 
eighteen at the time of the commission of the crime.
    ``(d) Mitigating Factors.--In determining whether to recommend a 
sentence of death, the jury shall consider whether any aspect of the 
defendant's character, background, or record or any circumstance of the 
offense that the defendant may proffer as a mitigating factor exists, 
including the following factors:
            ``(1) Mental capacity.--The defendant's mental capacity to 
        appreciate the wrongfulness of his conduct or to conform his 
        conduct to the requirements of law was significantly impaired.
            ``(2) Duress.--The defendant was under unusual and 
        substantial duress.
            ``(3) Participation in offense minor.--The defendant is 
        punishable as a principal (pursuant to section 2 of this title) 
        in the offense, which was committed by another, but the 
        defendant's participation was relatively minor.
    ``(e) Aggravating Factors.--In determining whether to recommend a 
sentence of death, the jury shall consider any aggravating factor for 
which notice has been provided under subsection (f), including the 
following factors--
            ``(1) Killing in course of designated sex crimes.--The 
        conduct resulting in death occurred in the course of an offense 
        defined in chapter 109A, 110, or 117 of this title.
            ``(2) Killing in connection with sexual assault or child 
        molestation.--The defendant committed a crime of sexual assault 
        or crime of child molestation, as defined in subsection (x), in 
        the course of an offense on which federal jurisdiction is based 
        under subsection (b).
            ``(3) Prior conviction of sexual assault or child 
        molestation.--The defendant has previously been convicted of a 
        crime of sexual assault or crime of child molestation as 
        defined in subsection (x).
    ``(f) Notice of Intent To Seek Death Penalty.--If the government 
intends to seek the death penalty for an offense under this section, 
the attorney for the government shall file with the court and serve on 
the defendant a notice of such intent. The notice shall be provided a 
reasonable time before the trial or acceptance of a guilty plea, or at 
such later time before trial as the court may permit for good cause. If 
the court permits a late filing of the notice upon a showing of good 
cause, the court shall ensure that the defendant has adequate time to 
prepare for trial. The notice shall set forth the aggravating factor or 
factors set forth in subsection (e) and any other aggravating factor or 
factors that the government will seek to prove as the basis for the 
death penalty. The factors for which notice is provided under this 
subsection may include factors concerning the effect of the offense on 
the victim and the victim's family. The court may permit the attorney 
for the government to amend the notice upon a showing of good cause.
    ``(g) Judge and Jury at Capital Sentencing Hearing.--A hearing to 
determine whether the death penalty will be imposed for an offense 
under this section shall be conducted by the judge who presided at 
trial or accepted a guilty plea, or by another judge if that judge is 
not available. The hearing shall be conducted before the jury that 
determined the defendant's guilt if that jury is available. A new jury 
shall be impaneled for the purpose of the hearing if the defendant 
pleaded guilty, the trial of guilt was conducted without a jury, the 
jury that determined the defendant's guilt was discharged for good 
cause, or reconsideration of the sentence is necessary after the 
initial imposition of a sentence of death. A jury impaneled under this 
subsection shall have twelve members unless the parties stipulate to a 
lesser number at any time before the conclusion of the hearing with the 
approval of the judge. Upon motion of the defendant, with the approval 
of the attorney for the government, the hearing shall be carried out 
before the judge without a jury. If there is no jury, references to 
``the jury'' in this section, where applicable, shall be understood as 
referring to the judge.
    ``(h) Proof of Mitigating and Aggravating Factors.--No presentence 
report shall be prepared if a capital sentencing hearing is held under 
this section. Any information relevant to the existence of mitigating 
factors, or to the existence of aggravating factors for which notice 
has been provided under subsection (f), may be presented by either the 
government or the defendant. The information presented may include 
trial transcripts and exhibits. Information presented by the government 
in support of factors concerning the effect of the offense on the 
victim and the victim's family may include oral testimony, a victim 
impact statement that identifies the victim of the offense and the 
nature and extent of harm and loss suffered by the victim and the 
victim's family, and other relevant information. Information is 
admissible regardless of its admissibility under the rules governing 
the admission of evidence at criminal trials, except that information 
may be excluded if its probative value is outweighed by the danger of 
creating unfair prejudice, confusing the issues, or misleading the 
jury. The attorney for the government and for the defendant shall be 
permitted to rebut any information received at the hearing, and shall 
be given fair opportunity to present argument as to the adequacy of the 
information to establish the existence of any aggravating or mitigating 
factor, and as to the appropriateness in that case of imposing a 
sentence of death. The attorney for the government shall open the 
argument, the defendant shall be permitted to reply, and the government 
shall then be permitted to reply in rebuttal.
    ``(i) Findings of Aggravating and Mitigating Factors.--The jury 
shall return special findings identifying any aggravating factor or 
factors for which notice has been provided under subsection (f) and 
which the jury unanimously determines have been established by the 
government beyond a reasonable doubt. A mitigating factor is 
established if the defendant has proven its existence by a 
preponderance of the evidence, and any member of the jury who finds the 
existence of such a factor may regard it as established for purposes of 
this section regardless of the number of jurors who concur that the 
factor has been established.
    ``(j) Finding Concerning a Sentence of Death.--If the jury 
specially finds under subsection (i) that one or more aggravating 
factors set forth in subsection (e) exist, and the jury further finds 
unanimously that there are no mitigating factors or that the 
aggravating factor or factors specially found under subsection (i) 
outweigh any mitigating factors, then the jury shall recommend a 
sentence of death. In any other case, the jury shall not recommend a 
sentence of death. The jury shall be instructed that it must avoid any 
influence of sympathy, sentiment, passion, prejudice, or other 
arbitrary factors in its decision, and should make such a 
recommendation as the information warrants.
    ``(k) Special Precaution To Assure Against Discrimination.--In a 
hearing held before a jury, the court, before the return of a finding 
under subsection (j), shall instruct the jury that, in considering 
whether to recommend a sentence of death, it shall not be influenced by 
prejudice or bias relating to the race, color, religion, national 
origin, or sex of the defendant or any victim, and that the jury is not 
to recommend a sentence of death unless it has concluded that it would 
recommend a sentence of death for such a crime regardless of the race, 
color, religion, national origin, or sex of the defendant or any 
victim. The jury, upon the return of a finding under subsection (j), 
shall also return to the court a certificate, signed by each juror, 
that the race, color, religion, national origin, or sex of the 
defendant or any victim did not affect the juror's individual decision 
and that the individual juror would have recommended the same sentence 
for such a crime regardless of the race, color, religion, national 
origin, or sex of the defendant or any victim.
    ``(l) Imposition of a Sentence of Death.--Upon a recommendation 
under subsection (j) that a sentence of death be imposed, the court 
shall sentence the defendant to death. Otherwise the court shall impose 
a sentence, other than death, that is authorized by law.
    ``(m) Review of a Sentence of Death.--The defendant may appeal a 
sentence of death under this section by filing a notice of appeal of 
the sentence within the time provided for filing a notice of appeal of 
the judgment of conviction. An appeal of a sentence under this 
subsection may be consolidated with an appeal of the judgment of 
conviction and shall have priority over all noncapital matters in the 
court of appeals. The court of appeals shall review the entire record 
in the case including the evidence submitted at trial and information 
submitted during the sentencing hearing, the procedures employed in the 
sentencing hearing, and the special findings returned under subsection 
(i). The court of appeals shall uphold the sentence if it determines 
that the sentence of death was not imposed under the influence of 
passion, prejudice, or any other arbitrary factor, that the evidence 
and information support the special findings under subsection (i), and 
that the proceedings were otherwise free of prejudicial error that was 
properly preserved for and raised on appeal. In any other case, the 
court of appeals shall remand the case for reconsideration of the 
sentence or imposition of another authorized sentence as appropriate, 
except that the court shall not reverse a sentence of death on the 
ground that an aggravating factor was not supported by the evidence and 
information if at least one aggravating factor set forth in subsection 
(e) which was found to exist remains and the court, on the basis of the 
evidence submitted at trial and the information submitted at the 
sentencing hearing, finds no mitigating factor or finds that the 
remaining aggravating factor or factors which were found to exist 
outweigh any mitigating factors. The court of appeals shall state in 
writing the reasons for its disposition of an appeal of a sentence of 
death under this section.
    ``(n) Implementation of Sentence of Death.--A person sentenced to 
death under this section shall be committed to the custody of the 
Attorney General until exhaustion of the procedures for appeal of the 
judgment of conviction and review of the sentence. When the sentence is 
to be implemented, the Attorney General shall release the person 
sentenced to death to the custody of a United States Marshal. The 
Marshal shall supervise implementation of the sentence in the manner 
prescribed by the law of the State in which the sentence is imposed, or 
in the manner prescribed by the law of another State designated by the 
court if the law of the State in which the sentence was imposed does 
not provide for implementation of a sentence of death. The Marshal may 
use State or local facilities, may use the services of an appropriate 
State or local official or of a person such an official employs, and 
shall pay the costs thereof in an amount approved by the Attorney 
General.
    ``(o) Special Bar To Execution.--A sentence of death shall not be 
carried out upon a woman while she is pregnant.
    ``(p) Conscientious Objection To Participation In Execution.--No 
employee of any State department of corrections, the Federal Bureau of 
Prisons, or the United States Marshals Service, and no person providing 
services to that department, bureau, or service under contract shall be 
required, as a condition of that employment or contractual obligation, 
to be in attendance at or to participate in any execution carried out 
under this section if such participation is contrary to the moral or 
religious convictions of the employee. For purposes of this subsection, 
the term `participate in any execution' includes personal preparation 
of the condemned individual and the apparatus used for the execution, 
and supervision of the activities of other personnel in carrying out 
such activities.
    ``(q) Appointment of Counsel for Indigent Capital Defendants.--A 
defendant against whom a sentence of death is sought, or on whom a 
sentence of death has been imposed, under this section, shall be 
entitled to appointment of counsel from the commencement of trial 
proceedings until one of the conditions specified in subsection (v) has 
occurred, if the defendant is or becomes financially unable to obtain 
adequate representation. Counsel shall be appointed for trial 
representation as provided in section 3005 of this title, and at least 
one counsel so appointed shall continue to represent the defendant 
until the conclusion of direct review of the judgment, unless replaced 
by the court with other qualified counsel. Except as otherwise provided 
in this section, the provisions of section 3006A of this title shall 
apply to appointments under this section.
    ``(r) Representation After Finality of Judgment.--When a judgment 
imposing a sentence of death under this section has become final 
through affirmance by the Supreme Court on direct review, denial of 
certiorari by the Supreme Court on direct review, or expiration of the 
time for seeking direct review in the court of appeals or the Supreme 
Court, the government shall promptly notify the court that imposed the 
sentence. The court, within 10 days of receipt of such notice, shall 
proceed to make a determination whether the defendant is eligible for 
appointment of counsel for subsequent proceedings. The court shall 
issue an order appointing one or more counsel to represent the 
defendant upon a finding that the defendant is financially unable to 
obtain adequate representation and wishes to have counsel appointed or 
is unable competently to decide whether to accept or reject appointment 
of counsel. The court shall issue an order denying appointment of 
counsel upon a finding that the defendant is financially able to obtain 
adequate representation or that the defendant rejected appointment of 
counsel with an understanding of the consequences of that decision. 
Counsel appointed pursuant to this subsection shall be different from 
the counsel who represented the defendant at trial and on direct review 
unless the defendant and counsel request a continuation or renewal of 
the earlier representation.
    ``(s) Standards for Competence of Counsel.--In relation to a 
defendant who is entitled to appointment of counsel under subsections 
(q)-(r), at least one counsel appointed for trial representation must 
have been admitted to the bar for at least 5 years and have at least 
three years of experience in the trial of felony cases in the Federal 
district courts. If new counsel is appointed after judgment, at least 
one counsel so appointed must have been admitted to the bar for at 
least 5 years and have at least 3 years of experience in the litigation 
of felony cases in the Federal courts of appeals or the Supreme Court. 
The court, for good cause, may appoint counsel who does not meet these 
standards, but whose background, knowledge, or experience would 
otherwise enable him or her to properly represent the defendant, with 
due consideration of the seriousness of the penalty and the nature of 
the litigation.
    ``(t) Claims of Ineffectiveness of Counsel In Collateral 
Proceedings.--The ineffectiveness or incompetence of counsel during 
proceedings on a motion under section 2255 of title 28, United States 
Code, shall not be a ground for relief from the judgment or sentence in 
any proceeding. This limitation shall not preclude the appointment of 
different counsel at any stage of the proceedings.
    ``(u) Time For Collateral Attack on Death Sentence.--A motion under 
section 2255 of title 28, United States Code, attacking a sentence of 
death under this section, or the conviction on which it is predicated, 
must be filed within 90 days of the issuance of the order under 
subsection (r) appointing or denying the appointment of counsel for 
such proceedings. The court in which the motion is filed, for good 
cause shown, may extend the time for filing for a period not exceeding 
60 days. Such a motion shall have priority over all non-capital matters 
in the district court, and in the court of appeals on review of the 
district court's decision.
    ``(v) Stay of Execution.--The execution of a sentence of death 
under this section shall be stayed in the course of direct review of 
the judgment and during the litigation of an initial motion in the case 
under section 2255 of title 28, United States Code. The stay shall run 
continuously following imposition of the sentence and shall expire if--
            ``(1) the defendant fails to file a motion under section 
        2255 of title 28, United States Code, within the time specified 
        in subsection (u), or fails to make a timely application for 
        court of appeals review following the denial of such a motion 
        by a district court;
            ``(2) upon completion of district court and court of 
        appeals review under section 2255 of title 28, United States 
        Code, the Supreme Court disposes of a petition for certiorari 
        in a manner that leaves the capital sentence undisturbed, or 
        the defendant fails to file a timely petition for certiorari; 
        or
            ``(3) before a district court, in the presence of counsel 
        and after having been advised of the consequences of such a 
        decision, the defendant waives the right to file a motion under 
        section 2255 of title 28, United States Code.
    ``(w) Finality of the Decision on Review.--If one of the conditions 
specified in subsection (v) has occurred, no court thereafter shall 
have the authority to enter a stay of execution or grant relief in the 
case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not presented in earlier proceedings;
            ``(2) the failure to raise the claim is the result of 
        governmental action in violation of the Constitution or laws of 
        the United States, the result of the Supreme Court's 
        recognition of a new Federal right that is retroactively 
        applicable, or the result of the fact that the factual 
        predicate of the claim could not have been discovered through 
        the exercise of reasonable diligence in time to present the 
        claim in earlier proceedings; and
            ``(3) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the 
        determination of guilt on the offense or offenses for which the 
        death penalty was imposed.
    ``(x) Definitions.--For purposes of this section--
            ``(1) `crime of sexual assault' means a crime under Federal 
        or State law that involved--
                    ``(A) contact, without consent, between any part of 
                the defendant's body or an object and the genitals or 
                anus of another person;
                    ``(B) contact, without consent, between the 
                genitals or anus of the defendant and any part of the 
                body of another person;
                    ``(C) deriving sexual pleasure or gratification 
                from the infliction of death, bodily injury, or 
                physical pain on another person; or
                    ``(D) an attempt or conspiracy to engage in any 
                conduct described in paragraphs (A)-(C);
            ``(2) `crime of child molestation' means a crime under 
        Federal or State law that involved--
                    ``(A) contact between any part of the defendant's 
                body or an object and the genitals or anus of a child;
                    ``(B) contact between the genitals or anus of the 
                defendant and any part of the body of a child;
                    ``(C) deriving sexual pleasure or gratification 
                from the infliction of death, bodily injury, or 
                physical pain on a child; or
                    ``(D) an attempt or conspiracy to engage in any 
                conduct described in paragraphs (A)-(C); and
            ``(3) `child' means a person below the age of 14.''; and
    (b) by adding the following at the end of the table of sections for 
chapter 51:

                              ``1118. Capital Punishment for Murders 
                                        Committed by Sex Offenders.''.

SEC. 103. INCREASED PENALTIES FOR RECIDIVIST SEX OFFENDERS.

    (a) Section 2245 of title 18, United States Code, is redesignated 
section 2246.
    (b) Chapter 109A of title 18, United States Code, is amended by 
inserting the following new section after section 2244:

                              ``2245. Penalties for subsequent offenses
    ``Any person who violates a provision of this chapter after a prior 
conviction under a provision of this chapter or the law of a State (as 
defined in section 513 of this title) for conduct proscribed by this 
chapter has become final is punishable by a term of imprisonment up to 
twice that otherwise authorized.''.
    (c) The table of sections for chapter 109A of title 18, United 
States Code, is amended by--
            (1) striking ``2245'' and inserting in lieu thereof 
        ``2246''; and
            (2) inserting the following after the item relating to 
        section 2244:

``2245. Penalties for subsequent offenses.''.

SEC. 104. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW 
              THE AGE OF 16.

    Paragraph (2) of section 2245 of title 18, United States Code, is 
amended--
            (1) in subparagraph (B) by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (C) by striking ``; and'' and inserting 
        in lieu thereof ``; or''; and
            (3) by inserting a new subparagraph (D) as follows:
                    ``(D) the intentional touching, not through the 
                clothing, of the genitalia of another person who has 
                not attained the age of 16 years with an intent to 
                abuse, humiliate, harass, degrade, or arouse or gratify 
                the sexual desire of any person;''.

SEC. 105. SENTENCING GUIDELINES INCREASE FOR SEX OFFENSES.

    The United States Sentencing Commission shall amend the sentencing 
guidelines to increase by at least four levels the base offense level 
for an offense under section 2241 (aggravated sexual abuse) or section 
2242 (sexual abuse) of title 18, United States Code, and shall consider 
whether any other changes are warranted in the guidelines provisions 
applicable to such offenses to ensure realization of the objectives of 
sentencing. In amending the guidelines in conformity with this section, 
the Sentencing Commission shall review the appropriateness and adequacy 
of existing offense characteristics and adjustments applicable to such 
offenses, taking into account the heinousness of sexual abuse offenses, 
the severity and duration of the harm caused to victims, and any other 
relevant factors. In any subsequent amendment to the sentencing 
guidelines, the Sentencing Commission shall maintain minimum guidelines 
sentences for the offenses referenced in this section which are at 
least equal to those required by this section.

SEC. 106. HIV TESTING AND PENALTY ENHANCEMENT IN SEXUAL OFFENSE CASES

    (a) Chapter 109A of title 18, United States Code, is amended by 
inserting at the end the following new section:
``Sec. 2247. Testing for Human Immunodeficiency Virus; Disclosure of 
              Test Results to Victim; Effect on Penalty
    ``(a) Testing at Time of Pre-Trial Release Determination.--In a 
case in which a person is charged with an offense under this chapter, a 
judicial officer issuing an order pursuant to section 3142(a) of this 
title shall include in the order a requirement that a test for the 
human immunodeficiency virus be performed upon the person, and that 
follow-up tests for the virus be performed 6 months and 12 months 
following the date of the initial test, unless the judicial officer 
determines that the conduct of the person created no risk of 
transmission of the virus to the victim, and so states in the order. 
The order shall direct that the initial test be performed within 24 
hours, or as soon thereafter as feasible. The person shall not be 
released from custody until the test is performed.
    ``(b) Testing at Later Time.--If a person charged with an offense 
under this chapter was not tested for the human immunodeficiency virus 
pursuant to subsection (a), the court may at a later time direct that 
such a test be performed upon the person, and that follow-up tests be 
performed 6 months and 12 months following the date of the initial 
test, if it appears to the court that the conduct of the person may 
have risked transmission of the virus to the victim. A testing 
requirement under this subsection may be imposed at any time while the 
charge is pending, or following conviction at any time prior to the 
person's completion of service of the sentence.
    ``(c) Termination of Testing Requirement.--A requirement of follow-
up testing imposed under this section shall be canceled if any test is 
positive for the virus or the person obtains an acquittal on, or 
dismissal of, all charges under this chapter.
    ``(d) Disclosure of Test Results.--The results of any test for the 
human immunodeficiency virus performed pursuant to an order under this 
section shall be provided to the judicial officer or court. The 
judicial officer or court shall ensure that the results are disclosed 
to the victim (or to the victim's parent or legal guardian, as 
appropriate), the attorney for the government, and the person tested.
    ``(e) Effect on Penalty.--The United States Sentencing Commission 
shall amend existing guidelines for sentences for offenses under this 
chapter to enhance the sentence if the offender knew or had reason to 
know that he was infected with the human immunodeficiency virus, except 
where the offender did not engage or attempt to engage in conduct 
creating a risk of transmission of the virus to the victim.''.
    ``(b) Clerical Amendment.--The table of sections for chapter 109A 
of title 18, United States Code, is amended by inserting at the end 
thereof the following new item:

                              ``2247. Testing for Human 
                                        Immunodeficiency Virus; 
                                        Disclosure of Test Results to 
                                        Victim; Effect on Penalty''.

SEC. 107. PAYMENT OF COST OF HIV TESTING FOR VICTIMS IN SEX OFFENSE 
              CASES.

    Section 503(c)(7) of the Victims' Rights and Restitution Act of 
1990 is amended by inserting before the period at the end thereof the 
following: ``, the cost of up to two tests of the victim for the human 
immunodeficiency virus during the 12 months following the assault, and 
the cost of a counseling session by a medically trained professional on 
the accuracy of such tests and the risk of transmission of the human 
immunodeficiency virus to the victim as the result of the assault''.

SEC. 108. INCREASED PENALTIES FOR DRUG DISTRIBUTION TO PREGNANT WOMEN.

    Section 405 of the Controlled Substances Act (21 U.S.C. 859) is 
amended by inserting ``, or to a woman while she is pregnant,'' after 
``to a person under 21 years of age'' in subsection (a) and subsection 
(b).

SEC. 109. EXTENSION AND STRENGTHENING OF RESTITUTION.

    Section 3663 of title 18, United States Code, is amended--
            (1) in subsection (b), by inserting ``or an offense under 
        chapter 109A or chapter 110'' after ``an offense resulting in 
        bodily injury to a victim'' in paragraph (2);
            (2) in subsection (b), by striking ``and'' at the end of 
        paragraph (3), by redesignating paragraph (4) as paragraph (5), 
        and by inserting after paragraph (4) the following new 
        paragraph:
            ``(4) in any case, reimburse the victim for lost income and 
        necessary child care, transportation, and other expenses 
        related to participation in the investigation or prosecution of 
        the offense or attendance at proceedings related to the 
        offense; and''; and
            (3) in subsection (d), by inserting at the end the 
        following: ``However, the court shall issue an order requiring 
        restitution of the full amount of the victim's losses and 
        expenses for which restitution is authorized under this section 
        in imposing sentence for an offense under chapter 109A or 
        chapter 110 unless the government and the victim do not request 
        such restitution.''.

SEC. 110. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF 
              FEDERAL BENEFITS.

    Section 3663 of title 18, United States Code, is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively; and
            (2) by inserting after subsection (f) the following new 
        subsection:
    ``(g)(1) If the defendant is delinquent in making restitution in 
accordance with any schedule of payments or any requirement of 
immediate payment imposed under this section, the court may, after a 
hearing, suspend the defendant's eligibility for all Federal benefits 
until such time as the defendant demonstrates to the court good-faith 
efforts to return to such schedule.
    ``(2) For purposes of this subsection--
            ``(A) the term `Federal benefits'--
                    ``(i) means any grant, contract, loan, professional 
                license, or commercial license provided by an agency of 
                the United States or appropriated funds of the United 
                States; and
                    ``(ii) does not include any retirement, welfare, 
                Social Security, health, disability, veterans benefit, 
                public housing, or other similar benefit, or any other 
                benefit for which payments or services are required for 
                eligibility; and
            ``(B) the term `veterans benefit' means all benefits 
        provided to veterans, their families, or survivors by virtue of 
        the service of a veteran in the Armed Forces of the United 
        States.''.

SEC. 111. CIVIL REMEDY FOR VICTIMS OF SEXUAL VIOLENCE.

    (a) Cause of Action.--Whoever, in violation of the Constitution or 
laws of the United States, engages in sexual violence against another, 
shall be liable to the injured party in an action under this section. 
The relief available in such an action shall include compensatory and 
punitive damages and any appropriate equitable or declaratory relief.
    (b) Definition.--For purposes of this section, ``sexual violence'' 
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.
    (c) Attorney's Fees.--The Civil Rights Attorney's Fees Award Act of 
1976 (42 U.S.C. 1988) is amended by striking ``or'' after ``Public Law 
92-318'' and by inserting after ``1964'' the following: ``, or section 
111 of the Sexual Assault Prevention Act of 1993,''.

         Subtitle B--Rules of Evidence, Practice, and Procedure

SEC. 121. ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX OFFENSE 
              CASES.

    The Federal Rules of Evidence are amended by adding after Rule 412 
the following new rules:
``Rule 413. Evidence of Similar Crimes in Sexual Assault Cases
    ``(a) In a criminal case in which the defendant is accused of an 
offense of sexual assault, evidence of the defendant's commission of 
another offense or offenses of sexual assault is admissible, and may be 
considered for its bearing on any matter to which it is relevant.
    ``(b) In a case in which the government intends to offer evidence 
under this Rule, the attorney for the government shall disclose the 
evidence to the defendant, including statements of witnesses or a 
summary of the substance of any testimony that is expected to be 
offered, at least fifteen days before the scheduled date of trial or at 
such later time as the court may allow for good cause.
    ``(c) This Rule shall not be construed to limit the admission or 
consideration of evidence under any other Rule.
    ``(d) For purposes of this Rule and Rule 415, ``offense of sexual 
assault'' means a crime under Federal law or the law of a State (as 
defined in section 513 of title 18, United States Code) that involved--
            ``(1) any conduct proscribed by chapter 109A of title 18, 
        United States Code;
            ``(2) contact, without consent, between any part of the 
        defendant's body or an object and the genitals or anus of 
        another person;
            ``(3) contact, without consent, between the genitals or 
        anus of the defendant and any part of another person's body;
            ``(4) deriving sexual pleasure or gratification from the 
        infliction of death, bodily injury, or physical pain on another 
        person; or
            ``(5) an attempt or conspiracy to engage in conduct 
        described in paragraphs (1)-(4).
``Rule 414. Evidence of Similar Crimes in Child Molestation Cases
    ``(a) In a criminal case in which the defendant is accused of an 
offense of child molestation, evidence of the defendant's commission of 
another offense or offenses of child molestation is admissible, and may 
be considered for its bearing on any matter to which it is relevant.
    ``(b) In a case in which the government intends to offer evidence 
under this Rule, the attorney for the government shall disclose the 
evidence to the defendant, including statements of witnesses or a 
summary of the substance of any testimony that is expected to be 
offered, at least fifteen days before the scheduled date of trial or at 
such later time as the court may allow for good cause.
    ``(c) This Rule shall not be construed to limit the admission or 
consideration of evidence under any other Rule.
    ``(d) For purposes of this Rule and Rule 415, ``child'' means a 
person below the age of fourteen, and ``offense of child molestation'' 
means a crime under Federal law or the law of a State (as defined in 
section 513 of title 18, United States Code) that involved--
            ``(1) any conduct proscribed by chapter 109A of title 18, 
        United States Code, that was committed in relation to a child;
            ``(2) any conduct proscribed by chapter 110 of title 18, 
        United States Code;
            ``(3) contact between any part of the defendant's body or 
        an object and the genitals or anus of a child;
            ``(4) contact between the genitals or anus of the defendant 
        and any part of the body of a child;
            ``(5) deriving sexual pleasure or gratification from the 
        infliction of death, bodily injury, or physical pain on a 
        child; or
            ``(6) an attempt or conspiracy to engage in conduct 
        described in paragraphs (1)-(5).
``Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual 
              Assault or Child Molestation
    ``(a) In a civil case in which a claim for damages or other relief 
is predicated on a party's alleged commission of conduct constituting 
an offense of sexual assault or child molestation, evidence of that 
party's commission of another offense or offenses of sexual assault or 
child molestation is admissible and may be considered as provided in 
Rule 413 and Rule 414 of these Rules.
    ``(b) A party who intends to offer evidence under this Rule shall 
disclose the evidence to the party against whom it will be offered, 
including statements of witnesses or a summary of the substance of any 
testimony that is expected to be offered, at least 15 days before the 
scheduled date of trial or at such later time as the court may allow 
for good cause.
    ``(c) This Rule shall not be construed to limit the admission or 
consideration of evidence under any other Rule.''

SEC. 122. EXTENSION AND STRENGTHENING OF RAPE VICTIM SHIELD LAW.

    (a) Amendments to Rape Victim Shield Law.--Rule 412 of the Federal 
Rules of Evidence is amended--
            (1) in subdivisions (a) and (b), by striking ``criminal 
        case'' and inserting ``criminal or civil case'';
            (2) in subdivisions (a) and (b), by striking ``an offense 
        under chapter 109A of title 18, United States Code,'' and 
        inserting ``an offense or civil wrong involving conduct 
        proscribed by chapter 109A of title 18, United States Code, 
        whether or not the conduct occurred in the special maritime and 
        territorial jurisdiction of the United States or in a Federal 
        prison,'';
            (3) in subdivision (a), by striking ``victim of such 
        offense'' and inserting ``victim of such conduct'';
            (4) in subdivision (c)--
                    (A) by striking in paragraph (1) ``the person 
                accused of committing an offense under chapter 109A of 
                title 18, United States Code'' and inserting ``the 
                accused''; and
                    (B) by inserting at the end of paragraph (3) the 
                following: ``An order admitting evidence under this 
                paragraph shall explain the reasoning leading to the 
                finding of relevance, and the basis of the finding that 
                the probative value of the evidence outweighs the 
                danger of unfair prejudice notwithstanding the 
                potential of the evidence to humiliate and embarrass 
                the alleged victim and to result in unfair or biased 
                inferences.''; and
            (5) in subdivision (d), by striking ``an offense under 
        chapter 109A of title 18, United States Code'' and inserting 
        ``the conduct proscribed by chapter 109A of title 18, United 
        States Code,''.
    (b) Interlocutory Appeal.--Section 3731 of title 18, United States 
Code, is amended by inserting after the second paragraph the following:
    ``An appeal by the United States before trial shall lie to a court 
of appeals from an order of a district court admitting evidence of an 
alleged victim's past sexual behavior in a criminal case in which the 
defendant is charged with an offense involving conduct proscribed by 
chapter 109A of title 18, United States Code, whether or not the 
conduct occurred in the special maritime and territorial jurisdiction 
of the United States or in a Federal prison.''.

SEC. 123. INADMISSIBILITY OF EVIDENCE TO SHOW PROVOCATION OR INVITATION 
              BY VICTIM IN SEX OFFENSE CASES.

    The Federal Rules of Evidence are amended by adding after Rule 415 
(as added by section 121 of this Act) the following:
``Rule 416. Inadmissibility of evidence to show invitation or 
              provocation by victim in sexual abuse cases.
    ``In a criminal case in which a person is accused of an offense 
involving conduct proscribed by chapter 109A of title 18, United States 
Code, whether or not the conduct occurred in the special maritime and 
territorial jurisdiction of the United States or in a Federal prison, 
evidence is not admissible to show that the alleged victim invited or 
provoked the commission of the offense. This Rule does not limit the 
admission of evidence of consent by the alleged victim if the issue of 
consent is relevant to liability and the evidence is otherwise 
admissible under these Rules.''.

SEC. 124. RIGHT OF THE VICTIM TO FAIR TREATMENT IN LEGAL PROCEEDINGS.

    The following rules, to be known as the Rules of Professional 
Conduct for Lawyers in Federal Practice, are enacted as an appendix to 
title 28, United State Code:

    ``RULES OF PROFESSIONAL CONDUCT FOR LAWYERS IN FEDERAL PRACTICE

Rule
``1. Scope.
``2. Abuse of Victims and Others Prohibited.
``3. Duty of Enquiry in Relation to Client.
``4. Duty to Expedite Litigation.
``5. Duty to Prevent Commission of Crime.
``Rule 1. Scope.
    ``(a) These rules apply to the conduct of lawyers in their 
representation of clients in relation to proceedings and potential 
proceedings before Federal tribunals.
    ``(b) For purposes of these rules, `Federal tribunal' and 
`tribunal' mean a court of the United States or an agency of the 
federal government that carries out adjudicatory or quasi-adjudicatory 
functions.
``Rule 2. Abuse of Victims and Others Prohibited
    ``(a) A lawyer shall not engage in any action or course of conduct 
for the purpose of increasing the expense of litigation for any person, 
other than a liability under an order or judgment of a tribunal.
    ``(b) A lawyer shall not engage in any action or course of conduct 
that has no substantial purpose other than to distress, harass, 
embarrass, burden, or inconvenience another person.
    ``(c) A lawyer shall not offer evidence that the lawyer knows to be 
false or attempt to discredit evidence that the lawyer knows to be 
true.
``Rule 3. Duty of Enquiry in Relation to Client
    ``A lawyer shall attempt to elicit from the client a truthful 
account of the material facts concerning the matters in issue. In 
representing a client charged with a crime or civil wrong, the duty of 
enquiry under this rule includes--
            ``(1) attempting to elicit from the client a materially 
        complete account of the alleged criminal activity or civil 
        wrong if the client acknowledges involvement in the alleged 
        activity or wrong; and
            ``(2) attempting to elicit from the client the material 
        facts relevant to a defense of alibi if the client denies such 
        involvement.
``Rule 4. Duty to Expedite Litigation
    ``(a) A lawyer shall seek to bring about the expeditious conduct 
and conclusion of litigation.
    ``(b) A lawyer shall not seek a continuance or otherwise attempt to 
delay or prolong proceedings in the hope or expectation that--
            ``(1) evidence will become unavailable;
            ``(2) evidence will become more subject to impeachment or 
        otherwise less useful to another party because of the passage 
        of time; or
            ``(3) an advantage will be obtained in relation to another 
        party because of the expense, frustration, distress, or other 
        hardship resulting from prolonged or delayed proceedings.
``Rule 5. Duty to Prevent Commission of Crime
    ``(a) A lawyer may disclose information relating to the 
representation of a client to the extent necessary to prevent the 
commission of a crime or other unlawful act.
    ``(b) A lawyer shall disclose information relating to the 
representation of a client where disclosure is required by law. A 
lawyer shall also disclose such information to the extent necessary to 
prevent--
            ``(1) the commission of a crime involving the use or 
        threatened use of force against another, or a substantial risk 
        of death or serious bodily injury to another; or
            ``(2) the commission of a crime of sexual assault or child 
        molestation.
    ``(c) For purposes of this rule, `crime' means a crime under the 
law of the United States or the law of a State, and `unlawful act' 
means an act in violation of the law of the United States or the law of 
a State.''.

SEC. 125. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.

    Rule 24(b) of the Federal Rules of Criminal Procedure is amended by 
striking ``the Government is entitled to 6 peremptory challenges and 
the defendant or defendants jointly to 10 peremptory challenges'' and 
inserting ``each side is entitled to 6 peremptory challenges''.

SEC. 126. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.

    Rule 32 of the Federal Rules of Criminal Procedure is amended--
            (1) by striking ``and'' at the end of subdivision 
        (a)(1)(B);
            (2) by striking the period at the end of subdivision 
        (a)(1)(C) and inserting ``; and'';
            (3) by inserting after subdivision (a)(1)(C) the following:
            ``(D) if sentence is to be imposed for a crime of violence 
        or sexual abuse, address the victim personally if the victim is 
        present at the sentencing hearing and determine if the victim 
        wishes to make a statement and to present any information in 
        relation to the sentence.'';
            (4) in the penultimate sentence of subdivision (a)(1) by 
        striking ``equivalent opportunity'' and inserting ``opportunity 
        equivalent to that of the defendant's counsel'';
            (5) in the last sentence of subdivision (a)(1) by inserting 
        ``the victim,'' before ``, or the attorney for the 
        Government.''; and
            (6) by adding at the end the following new subdivision:
    ``(f) Definitions.--For purposes of this rule--
            ``(1) `crime of violence or sexual abuse' means a crime 
        that involved the use or attempted or threatened use of 
        physical force against the person or property of another, or a 
        crime under chapter 109A of title 18, United States Code; and
            ``(2) `victim' means an individual against whom an offense 
        for which a sentence is to be imposed has been committed, but 
        the right of allocution under subdivision (a)(1)(D) may be 
        exercised instead by--
                    ``(A) a parent or legal guardian if the victim is 
                below the age of 18 years or incompetent; or
                    ``(B) one or more family members or relatives 
                designated by the court if the victim is deceased or 
                incapacitated,
        if such person or persons are present at the sentencing 
        hearing, regardless of whether the victim is present.

SEC. 127. VICTIM'S RIGHT OF PRIVACY.

    (a) Findings.--The Congress finds that--
            (1) the crime of rape is underreported to law enforcement 
        authorities because of its traumatic effect on victims and the 
        stigmatizing nature of the crime;
            (2) rape victims may be further victimized by involuntary 
        public disclosure of their identities;
            (3) rape victims should be encouraged to come forward and 
        report the crime without fear of being revictimized through 
        involuntary public disclosure of their identities; and
            (4) any interest of the public in knowing the identity of a 
        rape victim notwithstanding the victim's wishes to the contrary 
        is outweighed by the interest of protecting the privacy of rape 
        victims and encouraging rape victims to report the crime and 
        assist in prosecution.
    (b) Sense of Congress.--It is the sense of Congress that news 
media, law enforcement personnel, and other persons should exercise 
restraint and respect a rape victim's privacy by not disclosing the 
victim's identity to the general public or facilitating such disclosure 
without the consent of the victim.

                       Subtitle C--Safe Campuses

SEC. 131. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.

    (a) Study.--The Attorney General shall provide for a national 
baseline study to examine the scope of the problem of campus sexual 
assaults and the effectiveness of institutional and legal policies in 
addressing such crimes and protecting victims. The Attorney General may 
utilize the Bureau of Justice Statistics, the National Institute of 
Justice, and the Office for Victims of Crime in carrying out this 
section.
    (b) Report.--Based on the study required by subsection (a), the 
Attorney General shall prepare a report including an analysis of--
            (1) the number of reported allegations and estimated number 
        of unreported allegations of campus sexual assaults, and to 
        whom the allegations are reported (including authorities of the 
        educational institution, sexual assault victim service 
        entities, and local criminal authorities);
            (2) the number of campus sexual assault allegations 
        reported to authorities of educational institutions which are 
        reported to criminal authorities;
            (3) the number of campus sexual assault allegations that 
        result in criminal prosecution in comparison with the number of 
        non-campus sexual assault allegations that result in criminal 
        prosecution;
            (4) Federal and State laws or regulations pertaining 
        specifically to campus sexual assaults;
            (5) the adequacy of policies and practices of educational 
        institutions in addressing campus sexual assaults and 
        protecting victims, including consideration of--
                    (A) the security measures in effect at educational 
                institutions, such as utilization of campus police and 
                security guards, control over access to grounds and 
                buildings, supervision of student activities and 
                student living arrangements, control over the 
                consumption of alcohol by students, lighting, and the 
                availability of escort services;
                    (B) the articulation and communication to students 
                of the institution's policies concerning sexual 
                assaults;
                    (C) policies and practices that may prevent or 
                discourage the reporting of campus sexual assaults to 
                local criminal authorities, or that may otherwise 
                obstruct justice or interfere with the prosecution of 
                perpetrators of campus sexual assaults;
                    (D) the nature and availability of victim services 
                for victims of campus sexual assaults;
                    (E) the ability of educational institutions' 
                disciplinary processes to address allegations of sexual 
                assault adequately and fairly;
                    (F) measures that are taken to ensure that victims 
                are free of unwanted contact with alleged assailants, 
                and disciplinary sanctions that are imposed when a 
                sexual assault is determined to have occurred; and
                    (G) the grounds on which educational institutions 
                are subject to lawsuits based on campus sexual 
                assaults, the resolution of these cases, and measures 
                that can be taken to avoid the likelihood of lawsuits 
                and civil liability;
            (6) an assessment of the policies and practices of 
        educational institutions that are of greatest effectiveness in 
        addressing campus sexual assaults and protecting victims, 
        including policies and practices relating to the particular 
        issues described in paragraph (5); and
            (7) any recommendations the Attorney General may have for 
        reforms to address campus sexual assaults and protect victims 
        more effectively, and any other matters that the Attorney 
        General deems relevant to the subject of the study and report 
        required by this section.
    (c) Submission of Report.--The report required by subsection (b) 
shall be submitted to the Congress no later than September 1, 1995.
    (d) Definition.--For purposes of this section, ``campus sexual 
assaults'' includes sexual assaults occurring at institutions of 
postsecondary education and sexual assaults committed against or by 
students or employees of such institutions.
    (e) Authorization of Appropriation.--There is authorized to be 
appropriated $200,000 to carry out the study required by this section.

            Subtitle D--Assistance to States and Localities

SEC. 141. SEXUAL VIOLENCE GRANT PROGRAM.

    (a) Purpose.--The purpose of this section is to strengthen and 
improve State and local efforts to prevent and punish sexual violence, 
and to assist and protect the victims of sexual violence.
    (b) Authorization of Grants.--The Attorney General, through the 
Bureau of Justice Assistance, the Office for Victims of Crime, and the 
Bureau of Justice Statistics, may make grants to support projects and 
programs relating to sexual violence, including support of--
            (1) training and policy development programs for law 
        enforcement officers and prosecutors concerning the 
        investigation and prosecution of sexual violence;
            (2) law enforcement and prosecutorial units and teams that 
        target sexual violence;
            (3) victim services programs for victims of sexual 
        violence;
            (4) educational and informational programs relating to 
        sexual violence;
            (5) improved systems for collecting, keeping, and 
        disseminating records and data concerning sexual violence and 
        offenders who engage in sexual violence;
            (6) background check systems that enable employers to 
        determine whether employees and applicants for employment have 
        criminal histories involving sexual violence, in relation to 
        employment positions for which a person may be unsuitable on 
        the basis of such a history, such as child care positions and 
        positions involving access to people's homes;
            (7) registration systems which require persons convicted of 
        sexual violence to keep law enforcement authorities informed of 
        their addresses or locations;
            (8) security measures in parks, public transportation 
        systems, public buildings and facilities, and other public 
        places which reduce the risk that acts of sexual violence will 
        occur in such places;
            (9) programs addressing campus sexual assaults, as defined 
        in section 131 of this Act;
            (10) programs assisting runaway and homeless children or 
        other persons who have been subjected to or are at risk of 
        sexual violence or sexual exploitation, including sexual 
        exploitation through prostitution or in the production of 
        pornography;
            (11) training programs for judges and court personnel in 
        relation to cases involving sexual violence; and
            (12) treatment programs in a correctional setting for 
        offenders who engage in sexual violence, which may include 
        aftercare components, and which shall include an evaluation 
        component to determine the effectiveness of the treatment in 
        reducing recidivism.
    (c) Formula Grants.--Of the amount appropriated in each fiscal year 
for grants under this section, other than the amount set aside to carry 
out subsection (d)--
            (1) 0.25 percent shall be set aside for each participating 
        State; and
            (2) the remainder shall be allocated to the participating 
        States in proportion to their populations;
for the use of State and local governments in the States.
    (d) Discretionary Grants.--Of the amount appropriated in each 
fiscal year, 20 percent shall be set aside in a discretionary fund to 
provide grants to public and private agencies to further the purposes 
and objectives set forth in subsections (a) and (b).
    (e) Application for Formula Grants.--To request a grant under 
subsection (c), the chief executive officer of a State must, in each 
fiscal year, submit to the Attorney General a plan for addressing 
sexual violence in the State, including a specification of the uses to 
which funds provided under subsection (c) will be put in carrying out 
the plan. The application must include--
            (1) certification that the Federal funding provided will be 
        used to supplement and not supplant State and local funds;
            (2) certification that any requirement of State law for 
        review by the State legislature or a designated body, and any 
        requirement of State law for public notice and comment 
        concerning the proposed plan, has been satisfied; and
            (3) provisions for fiscal control, management, 
        recordkeeping, and submission of reports in relation to funds 
        provided under this section that are consistent with 
        requirements prescribed for the program.
    (f) Conditions on Grants.--
            (1) Matching funds.--Grants under subsection (c) may be for 
        up to 50 percent of the overall cost of a project or program 
        funded. Discretionary grants under subsection (d) may be for up 
        to 100 percent of the overall cost of a project of program 
        funded.
            (2) Duration of grants.--Grants under subsection (c) may be 
        provided in relation to a particular project or program for up 
        to an aggregate maximum period of four years.
            (3) Limit on administrative costs.--Not more than 5 percent 
        of a grant under subsection (c) may be used for costs incurred 
        to administer the grant.
            (4) Payment of cost of forensic medical examinations.--It 
        is a condition of eligibility for grants under subsection (c) 
        that a State pay the cost of forensic medical examinations for 
        victims of sexual violence.
            (5) Policies against campus sexual assaults.--For an 
        institution of postsecondary education seeking a grant under 
        subsection (d), it is a condition of eligibility that the 
        institution articulate and communicate to its students a clear 
        policy that sexual violence will not be tolerated by the 
        institution.
    (g) Evaluation.--The National Institute of Justice shall have the 
authority to carry out evaluations of programs funded under this 
section. The recipient of any grant under this section may be required 
to include an evaluation component to determine the effectiveness of 
the project or program funded that is consistent with guidelines issued 
by the National Institute of Justice.
    (h) Coordination.--The Attorney General may utilize the Office of 
Justice Programs to coordinate the administration of grants under this 
section. The coordination of grants under this section shall include 
prescribing consistent program requirements for grantees, allocating 
functions and the administration of particular grants among the 
components that participate in the administration of the program under 
this section, coordinating the program under this section with the 
Domestic Violence and Family Support Grant Program established by 
section 208 of this Act, and coordinating the program under this 
section with other grant programs administered by components of the 
Department of Justice.
    (i) Definition.--For purposes of this section, ``sexual violence'' 
includes nonconsensual sex offenses and sex offenses involving victims 
who are not able to give legally effective consent because of age or 
incompetency.
    (j) Report.--The Attorney General shall submit an annual report to 
Congress concerning the operation and effectiveness of the program 
under this section.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated, in each of fiscal years 1994, 1995, and 1996, 
$250,000,000 to carry out this section, and such sums as may be 
necessary in each fiscal year thereafter.

SEC. 142. SUPPLEMENTARY GRANTS FOR STATES ADOPTING EFFECTIVE LAWS 
              RELATING TO SEXUAL VIOLENCE.

    (a) Supplementary Grants.--The Attorney General may, in each fiscal 
year, authorize the award to a State of an aggregate amount of up to $1 
million under the Sexual Violence Grant Program established by section 
141 of this Act, in addition to any funds that are otherwise authorized 
under that program. The authority to award additional funding under 
this section is conditional on certification by the Attorney General 
that the State has laws relating to sexual violence that exceed or are 
reasonably comparable to the provisions of Federal law (including 
changes in Federal law adopted by this Act) in the following areas:
            (1) Authorization of pretrial detention of defendants in 
        sexual assault cases where prevention of flight or the safety 
        of others cannot be reasonably assured by other means, and 
        denial of release pending appeal for persons convicted of 
        sexual assault offenses who have been sentenced to 
        imprisonment.
            (2) Authorization of severe penalties for sexual assault 
        offenses.
            (3) Pretrial testing for the human immunodeficiency virus 
        of persons charged with sexual assault offenses, with 
        disclosure of test results to the victim.
            (4) Payment of the cost of medical examinations and the 
        cost of testing for the human immunodeficiency virus for 
        victims of sexual assaults.
            (5) According the victim of a sexual assault the right to 
        be present at judicial proceedings in the case.
            (6) Protection of victims from injury into unrelated sexual 
        behavior in sexual assault cases.
            (7) Rules of professional conduct for lawyers that protect 
        victims from unwarranted cross-examination and impeachment, 
        dilatory tactics, and other abuses in sexual assault cases.
            (8) Authorization of admission and consideration in sexual 
        assault cases of evidence that the defendant has committed 
        sexual assaults on other occasions.
            (9) Authorization of the victim in sexual assault cases to 
        address the court concerning the sentence to be imposed.
            (10) Authorization of the award of restitution to victims 
        of sexual assaults as part of a criminal sentence.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated in each fiscal year such sums as may be necessary to carry 
out this section.

 TITLE II--DOMESTIC VIOLENCE, STALKING, AND OFFENSES AGAINST THE FAMILY

SEC. 201. INTERSTATE TRAVEL TO COMMIT SPOUSE ABUSE OR TO VIOLATE 
              PROTECTIVE ORDER; INTERSTATE STALKING.

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

             ``CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING

``Sec.
``2261. Domestic violence and stalking.
Sec. 2261. Domestic violence stalking
    ``(a) Offense.--Whoever causes or attempts to cause bodily injury 
to, engages in sexual abuse against, or violates a protective order in 
relation to, another shall be punished--
            ``(1) if death results, by death or by imprisonment for any 
        term of years or for life;
            ``(2) if permanent disfigurement or life-threatening bodily 
        injury results, by imprisonment for not more than 20 years;
            ``(3) if serious bodily injury results, or if a firearm, 
        knife, or other dangerous weapon is possessed, carried, or used 
        during the commission of the offense, by imprisonment for not 
        more than 10 years; and
            ``(4) in any other case, by imprisonment for not more than 
        five years.
If, however, the defendant engages in sexual abuse and the penalty 
authorized for such conduct under chapter 109A exceeds the penalty 
which would otherwise be authorized under this subsection, then the 
penalty authorized for such conduct under chapter 109A shall apply.
    ``(b) Mandatory Penalties.--A sentence under this section shall 
include at least 3 months of imprisonment if the offense involves the 
infliction of bodily injury on or the commission of sexual abuse 
against the victim. A sentence under this section shall include at 
least 6 months of imprisonment if the offense involves the violation of 
a protective order and the defendant has previously violated a 
protective order in relation to the same victim.
    ``(c) Jurisdiction.--There is Federal jurisdiction to prosecute an 
offense under this section if the defendant traveled in interstate or 
foreign commerce, or transported or caused another to move in 
interstate or foreign commerce, with the intention of committing or in 
furtherance of committing the offense, and--
            ``(1) the victim was a spouse or former spouse of the 
        defendant, was cohabiting with or had cohabited with the 
        defendant, or had a child in common with the defendant; or
            ``(2) the defendant on two or more occasions--
                    ``(A) has caused or attempted or threatened to 
                cause death or serious bodily injury to or engaged in 
                sexual abuse in relation to the victim; or
                    ``(B) has engaged in any conduct that caused or was 
                intended to cause apprehension by the victim that the 
                victim would be subjected to death, serious bodily 
                injury, or sexual abuse.
    ``(d) Definitions.--For purposes of this section--
            ``(1) `protective order' means an order issued by a court 
        of a State prohibiting or limiting violence against, harassment 
        of, contact or communication with, or physical proximity to 
        another person;
            ``(2) `sexual abuse' means any conduct proscribed by 
        chapter 109A of this title, whether or not the conduct occurs 
        in the special maritime and territorial jurisdiction of the 
        United States or in a Federal prison;
            ``(3) `serious bodily injury' and `bodily injury' have the 
        meanings given in section 1365(g); and
            ``(4) `State' has the meaning given in section 
        513(c)(5).''.
    (b) Clerical Amendment.--The analysis for part 1 of title 18, 
United States Code, is amended by inserting after the item for chapter 
110 the following:

``110A. Domestic violence and stalking......................    2261''.
    (c) Mandatory Restitution.--Section 3663 of title 18, United States 
Code, as amended by section 109 of this Act, is further amended by 
striking ``or chapter 110'' and inserting ``, chapter 110, or section 
2261'' in each of subsection (b)(2) and subsection (d).
    (d) Interim Protection.--Section 3156(a)(4)(C) of title 18, United 
States Code, as added by section 101 of this Act, is amended by 
striking ``or chapter 110'' and inserting ``, chapter 110, or section 
2261''.
    (e) Death Penalty Procedures.--Section 1118 of title 18, United 
States Code, as enacted by section 102 of this Act, is amended in 
paragraph (1) of subsection (e) by inserting ``or section 2261'' after 
``117''.

SEC. 202. FULL FAITH AND CREDIT FOR PROTECTIVE ORDERS.

    (a) Requirement of Full Faith and Credit.--Chapter 110A of title 
18, United States Code, as enacted by section 201, is amended by adding 
at the end the following:
``Sec. 2262. Full Faith and Credit for Protective Orders
    ``(a) A protective order issued by a court of a State shall have 
the same full faith and credit in a court in another State that it 
would have in a court of the State in which issued, and shall be 
enforced by the courts of any State as if it were issued in that State.
    ``(b) For purposes of this section--
            ``(1) `protective order' means an order prohibiting or 
        limiting violence against, harassment of, contact or 
        communication with, or physical proximity to another person; 
        and
            ``(2) `State' has the meaning given in section 
        513(c)(5).''.
    (b) Clerical Amendment.--The analysis for chapter 110A of title 18, 
United States Code, as enacted by section 201, is amended by inserting 
at the end the following:
``Sec. 2262. Full Faith and Credit for Protective Orders.''.

SEC. 203. NON-COMPLIANCE WITH CHILD SUPPORT OBLIGATIONS IN INTERSTATE 
              CASES.

    Chapter 11A of title 18, United States Code, is amended to read as 
follows:

                      ``CHAPTER 11A--CHILD SUPPORT

``Sec.
``228. Non-compliance with child support obligations.
``Sec. 228. Non-compliance with child support obligations.
    ``(a) Offense.--Whoever--
            ``(1) leaves or remains outside a State with intent to 
        avoid payment of a child support obligation; or
            ``(2) fails to pay a major child support obligation, as 
        defined in subsection (e), with respect to a child who resides 
        in another State, despite having the financial resources to pay 
        the obligation or the ability to acquire such resources through 
        reasonable diligence;
shall be punished as provided in subsection (c).
    ``(b) Presumption.--In relation to an offense charged under 
paragraph (1) of subsection (a), the absence of the defendant from the 
State for an aggregate period of 6 months without payment of the child 
support obligation shall create a rebuttable presumption that the 
intent existed to avoid payment of the obligation.
    ``(c) Penalty.--A person convicted of an offense under this section 
shall be punished by imprisonment for up to 6 months, and on a second 
or subsequent conviction, by imprisonment for up to two years.
    ``(d) Restitution.--In addition to any restitution that may be 
ordered pursuant to section 3663, a sentence for an offense under this 
section shall include an order of restitution in an amount equal to the 
past due support obligation as it exists at the time of sentencing. 
Subsections (e)-(i) of section 3663 shall apply to an order of 
restitution pursuant to this subsection.
    ``(e) Definitions.--For purposes of this section--
            ``(1) `child support obligation' means an amount determined 
        under a court order or an order of an administrative process 
        pursuant to the law of a State to be due from a person for the 
        support of a child or of a child and the parent with whom the 
        child is living;
            ``(2) `major child support obligation' means a child 
        support obligation that has remained unpaid for a period 
        exceeding one year, or that is greater than $5,000;
            ``(3) `past due support obligation' means a child support 
        obligation that is unpaid at the time of sentencing for an 
        offense under this section; and
            ``(4) `State' has the meaning given in section 
        513(c)(5).''.

SEC. 204. PRESUMPTION AGAINST CHILD CUSTODY FOR SPOUSE ABUSERS.

    (a) The Congress finds that--
            (1) courts fail to recognize the detrimental effects of 
        having as a custodial parent an individual who physically 
        abuses his or her spouse, insofar as they do not hear or weigh 
        evidence of domestic violence in child custody litigation;
            (2) joint custody forced upon hostile parents can create a 
        damaging psychological environment for a child;
            (3) physical abuse of a spouse is relevant to the 
        likelihood of child abuse in child custody disputes;
            (4) the effects on children of physical abuse of a spouse 
        include--
                    (A) traumatization and psychological damage to 
                children resulting from observation of the abuse and 
                the climate of violence and fear existing in a home 
                where abuse takes place;
                    (B) the risk that children may become targets of 
                physical abuse when they attempt to intervene on behalf 
                of an abused parent; and
                    (C) the negative effects on children of exposure to 
                an inappropriate role model, in that witnessing an 
                aggressive parent may communicate to children that 
                violence is an acceptable means of dealing with others; 
                and
            (5) the harm to children from spouse abuse may be 
        compounded by award of exclusive or joint custody to an abuser 
        because further abuse may occur when the abused spouse is 
        forced to have contact with the abuser as a result of the 
        custody arrangement, and because the child or children may be 
        exposed to abuse committed by the abuser against a subsequent 
        spouse or partner.
    (b) Sense of Congress.--It is the sense of the Congress that, for 
purposes of determining child custody, evidence establishing that a 
parent engages in physical abuse of a spouse should create a statutory 
presumption that it is detrimental to the child to be placed in the 
custody of the abusive spouse.

SEC. 205. REPORT ON BATTERED WOMEN'S SYNDROME.

    (a) Report.--The Attorney General shall prepare and transmit to the 
Congress a report on the status of battered women's syndrome as a 
medical and psychological condition and on its effect in criminal 
trials. The Attorney General may utilize the National Institute of 
Justice to obtain information required for the preparation of the 
report.
    (b) Components of Report.--The report described in subsection (a) 
shall include--
            (1) a review of medical and psychological views concerning 
        the existence, nature, and effects of battered women's syndrome 
        as a psychological condition;
            (2) a compilation of judicial decisions that have admitted 
        or excluded evidence of battered women's syndrome as evidence 
        of guilt or as a defense in criminal trials; and
            (3) information on the views of judges, prosecutors, and 
        defense attorneys concerning the effects that evidence of 
        battered women's syndrome may have in criminal trials.

SEC. 206. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF 
              DOMESTIC VIOLENCE.

    (a) 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) The Attorney General may utilize the National Institute of 
Justice and the Office for Victims of Crime in carrying out this 
section.

SEC. 207. REPORT ON RECORDKEEPING RELATING TO DOMESTIC VIOLENCE.

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

SEC. 208. DOMESTIC VIOLENCE AND FAMILY SUPPORT GRANT PROGRAM.

    (a) Purpose.--The purpose of this section is to strengthen and 
improve State and local efforts to prevent and punish domestic violence 
and other criminal and unlawful acts that particularly affect women, 
and to assist and protect the victims of such crimes and acts.
    (b) Authorization of Grants.--The Attorney General, through the 
Bureau of Justice Assistance, the Office for Victims of Crime, and the 
Bureau of Justice Statistics, may make grants to support projects and 
programs relating to domestic violence and other criminal and unlawful 
acts that particularly affect women, including support of--
            (1) training and policy development programs for law 
        enforcement officers and prosecutors concerning the 
        investigation and prosecution of domestic violence;
            (2) law enforcement and prosecutorial units and teams that 
        target domestic violence;
            (3) model, innovative, and demonstration law enforcement 
        programs relating to domestic violence that involve proarrest 
        and aggressive prosecution policies;
            (4) model, innovative, and demonstration programs for the 
        effective utilization and enforcement of protective orders;
            (5) programs addressing stalking and persistent menacing;
            (6) victim services programs for victims of domestic 
        violence;
            (7) shelters that provide services for victims of domestic 
        violence and related programs;
            (8) educational and informational programs relating to 
        domestic violence;
            (9) resource centers providing information, technical 
        assistance, and training to domestic violence service 
        providers, agencies, and programs;
            (10) coalitions of domestic violence service providers, 
        agencies, and programs;
            (11) training programs for judges and court personnel in 
        relation to cases involving domestic violence; and
            (12) enforcement of child support obligations, including 
        cooperative efforts and arrangements of States to improve 
        enforcement in cases involving interstate elements.
    (c) Formula Grants.--Of the amount appropriated in each fiscal year 
for grants under this section, other than the amount set aside to carry 
out subsection (d)--
            (1) 0.25 percent shall be set aside for each participating 
        State; and
            (2) the remainder shall be allocated to the participating 
        States in proportion to their populations; for the use of State 
        and local governments in the States.
    (d) Discretionary Grants.--Of the amount appropriated in each 
fiscal year, 20 percent shall be set aside in a discretionary fund to 
provide grants to public and private agencies to further the purposes 
and objectives set forth in subsections (a) and (b).
    (e) Application for Formula Grants.--To request a grant under 
subsection (c), the chief executive officer of a State must, in each 
fiscal year, submit to the Attorney General a plan for addressing 
domestic violence and other criminal and unlawful acts that 
particularly affect women in the State, including a specification of 
the uses to which funds provided under subsection (c) will be put in 
carrying out the plan. The application must include--
            (1) certification that the Federal funding provided will be 
        used to supplement and not supplant State and local funds;
            (2) certification that any requirement of State law for 
        review by the State legislature or a designated body, and any 
        requirement of State law for public notice and comment 
        concerning the proposed plan, has been satisfied; and
            (3) provisions for fiscal control, management, 
        recordkeeping, and submission of reports in relation to funds 
        provided under this section that are consistent with 
        requirements prescribed for the program.
    (f) Conditions on Grants.--
            (1) Matching funds.--Grants under subsection (c) may be for 
        up to 50 percent of the overall cost of a project or program 
        funded. Discretionary grants under subsection (d) may for up to 
        100 percent of the overall cost of a project or program funded.
            (2) Duration of grants.--Grants under subsection (c) may be 
        provided in relation to a particular project or program for up 
        to an aggregate maximum period of four years.
            (3) Limit on administrative costs.--Not more than 5 percent 
        of a grant under subsection (c) may be used for costs incurred 
        to administer the grant.
    (g) Evaluation.--The National Institute of Justice shall have the 
authority to carry out evaluations of programs funded under this 
section. The recipient of any grant under this section may be required 
to include an evaluation component to determine the effectiveness of 
the project or program funded that is consistent with guidelines issued 
by the National Institute of Justice.
    (h) Coordination.--The Attorney General may utilize the Office of 
Justice Programs to coordinate the administration of grants under this 
section. The coordination of grants under this section shall include 
prescribing consistent program requirements for grantees, allocating 
functions and the administration of particular grants among the 
components that participate in the administration of the program under 
this section, coordinating the program under this section with the 
Sexual Violence Grant Program established by section 141 of this Act, 
and coordinating the program under this section with other grant 
programs administered by components of the Department of Justice.
    (i) Definition.--For purposes of this section, ``domestic 
violence'' includes any act of criminal violence in which the offender 
and the victim are members of the same household or relatives, or in 
which the offender and the victim are present or former spouses or 
cohabitors or have a child in common.
    (j) Report.--The Attorney General shall submit an annual report to 
Congress concerning the operation and effectiveness of the program 
under this section.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated, in each of fiscal years 1994, 1995, and 1996, 
$250,000,000 to carry out this section, and such sums as may be 
necessary in each fiscal year thereafter.

        TITLE III--NATIONAL TASK FORCE ON VIOLENCE AGAINST WOMEN

SEC. 301. 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 
``National Task Force on Violence Against Women'' (referred to in this 
title as the ``task force'').

SEC. 302. DUTIES OF TASK FORCE.

    (a) General Purpose of Task Force.--The task force shall recommend 
Federal, State, and local strategies aimed at protecting women against 
violent crime, punishing persons who commit such crimes, and enhancing 
the rights of victims of such crimes.
    (b) Duties of Task Force.--The task force shall perform such 
functions as the Attorney General deems appropriate to carry out the 
purposes of the task force, including--
            (1) considering the reports and recommendations of past 
        Federal and State studies of violent crime, family violence, 
        and the treatment of crime victims, including the Report of the 
        Attorney General to the President on Combating Violent Crime 
        (1992), the Report of the Attorney General's Task Force on 
        Family Violence (1984), the Report of the President's Task 
        Force on Victims of Crime (1982), and the reports and 
        recommendations of the task forces and commissions established 
        by the States of Alabama, Alaska, Arkansas, Hawaii, Idaho, 
        Indiana, Kansas, Louisiana, Michigan, Minnesota, Nebraska, New 
        Mexico, New York, North Carolina, Rhode Island, Virginia, 
        Texas, and Wyoming;
            (2) developing strategies for Federal, State, and local law 
        enforcement designed to protect women against violent crime, 
        and to prosecute and punish those responsible for such crime;
            (3) evaluating the adequacy of rules of evidence, practice, 
        and procedure to ensure the effective prosecution and 
        conviction of violent offenders against women and to protect 
        victims from abuse in legal proceedings, and making 
        recommendations for the improvement of such rules;
            (4) evaluating the adequacy of pretrial release, 
        sentencing, incarceration, and postconviction release in 
        relation to violent offenders against women, and making 
        recommendations designed to ensure that such offenders are 
        restrained from causing further harm to the victim and others 
        and receive appropriate punishment, including means of ensuring 
        that the efficacy of criminal sanctions will not be undermined 
        by parole or other early release mechanisms;
            (5) assessing the issuance, formulation, and enforcement of 
        protective orders, whether or not related to a criminal 
        proceeding, and making recommendations for the effective use of 
        such orders to protect women from violence;
            (6) assessing the problem of stalking and persistent 
        menacing of women, and recommending effective means of response 
        to the problem;
            (7) 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; and
            (8) generally evaluating the treatment of women as victims 
        of violent crime in the criminal justice system, and making 
        recommendations designed to improve such treatment.

SEC. 303. MEMBERSHIP.

    (a) In General.--The task force shall consist of up to 10 members, 
who shall be appointed by the Attorney General not later than 60 days 
after the date of enactment of this Act. The Attorney General shall 
ensure that the task force includes representatives of State and local 
law enforcement, the State and local judiciary, and groups dedicated to 
protecting the rights of victims.
    (b) Chairman.--The Attorney General or the Attorney General's 
designee shall serve as chairman of the task force.

SEC. 304. PAY.

    (A) No Additional Compensation.--Members of the task force who are 
officers or employees of a governmental agency shall receive no 
additional compensation by reason of their service on the task force.
    (b) Per Diem.--While away from their homes or regular places of 
business in the performance of duties for the task force, members of 
the task force shall be allowed travel expenses, including per diem in 
lieu of subsistence, at rates authorized for employees of agencies 
under sections 5702 and 5703 of title 5, United States Code.

SEC. 305. 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 not 
        later than 30 days after the task force is fully constituted 
        under section 303.
            (2) Compensation.--The Executive Director shall be 
        compensated at a rate of not to exceed the maximum rate of the 
        basic pay payable under GS-18 of the General Schedule as 
        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 intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals not to exceed $200 per day.

SEC. 306. POWERS OF TASK FORCE.

    (a) Hearings.--For the purpose of carrying out this title, the task 
force may conduct such hearings, sit and act at such times and places, 
take such testimony, and receive such evidence, as the task force 
considers appropriate. The task force may administer oaths before the 
task force.
    (b) Delegation.--Any member or employee of the task force may, if 
authorized by the task force, take any action that the task force is 
authorized to take under this title.
    (c) Access to Information.--The task force may secure directly from 
any executive department or agency such information as may be necessary 
to enable the task force to carry out this title, to the extent access 
to such information is permitted by law. On request of the Attorney 
General, the head of such a department or agency shall furnish such 
permitted information to the task force.
    (d) Mail.--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. 307. REPORT.

    Not later than 1 years after the date on which the task force is 
fully constituted under section 303, the Attorney General shall submit 
a detailed report to the Congress on the findings and recommendations 
of the task force.

SEC. 308. AUTHORIZATION OF APPROPRIATION.

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

SEC. 309. TERMINATION.

    The task force shall cease to exist 30 days after the date on which 
the Attorney General's report is submitted under section 307. The 
Attorney General may extend the life of the task force for a period of 
not to exceed one year.

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