[House Report 105-576]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-576
_______________________________________________________________________


 
PROVIDING FOR THE CONSIDERATION OF H.R. 3494, THE CHILD PROTECTION AND 
                     SEXUAL PREDATOR PUNISHMENT ACT

                                _______
                                

   June 10, 1998.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


Ms. Pryce of Ohio, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 465]

    The Committee on Rules, having had under consideration 
House Resolution 465, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 3494, 
the ``Child Protection and Predator Punishment Act'' under a 
structured rule. The rule provides one hour of general debate 
divided equally between the chairman and ranking minority 
member of the Committee on the Judiciary. The rule waives all 
points of order against consideration of the bill.
    The rule makes in order the Committee on the Judiciary 
amendment in the nature of a substitute now printed in the 
bill, which shall be considered as read, and waives all points 
of order against the amendment in the nature of a substitute.
    The rule also provides for consideration of only those 
amendments printed in this report accompanying the resolution, 
which may be offered only in the order printed in this report, 
may be offered only by a Member designated in this report, 
shall be considered as read, shall be debatable for the time 
specified in the report equally divided and controlled by the 
proponent and an opponent, shall not be subject to amendment, 
and shall not be subject to a demand for division of the 
question in the House or in the Committee of the Whole.
    Additionally, the rule waives all points of order against 
the amendments printed in this report.
    The rule allows the Chairman of the Committee of the Whole 
to postpone votes during consideration of the bill, and allows 
the Chairman of the Committee of the Whole to reduce votes to 
five minutes on a postponed question if the vote follows a 
fifteen minute vote. Finally, the rule provides for one motion 
to recommit with or without instructions.

  amendments Made in Order under the rule for H.R. 3494, ``The Child 
            Protection and Sexual Predator Punishment Act''

         [listed in the order in which they will be considered]

    Riley/Bachus--10 minutes: Changes the bill to create a 
``zero-tolerance'' policy that would make the possession of any 
child pornography illegal. The new language would read ``[No 
person may] knowingly possess a book, magazine, periodical, 
computer disk, film, video tape, or other matter that contains 
a visual depiction of sexually explicit conduct and the 
production of which involves the use of a minor engaging in 
that conduct . . .''
    Slaughter--10 minutes: Authorizes the National Institute of 
Justice to conduct a study of persistent sexual predators and 
report to Congress on their results. The report will include a 
synthesis of current research regarding persistent sexual 
offenders, including common characteristics of such offenders; 
recidivism rates for such offenders; treatment and deterrence; 
the possibility of early intervention to prevent people from 
becoming sexual predators; and an agenda for future research in 
this area.
    Franks (NJ)--20 minutes: Requires the reporting of child 
pornography to law enforcement agencies by Internet Service 
Providers.
    Ackerman--10 minutes: Increases sentences by 50% for 
violent crimes committed against seniors (65 years of age and 
older) and those who are mentally or physically disabled.
    Bass--10 minutes: Creates the Sex Offender Management 
Assistance Program to provide states with flexible grants to 
offset costs directly associated with meeting federal 
requirements for sex offender registration and community 
notification programs.
    Foley--10 minutes: Allows youth-serving volunteer 
organizations to request access to FBI criminal fingerprint 
background checks (if the requests are made to the appropriate 
authorities) in the absence of specific state laws allowing 
that access.
    Gutknecht--10 minutes: Expresses the sense of the Congress 
that states should implement a tier-based community 
notification system for notifying communities when sex 
offenders are released from jail. This amendment provides 
states with a model statute when implementing Megan's Law.
    Kelly--10 minutes: Establishes mandatory minimum sentences 
for any person who takes a child hostage in order to compel, 
resist or oppose the Federal government.
    Sherman--20 minutes: Establishes a national hotline 
administered by the Department of Justice and financed by a 
user fee for public access to the FNI database of convicted 
sexual predators.
    Conyers--60 minutes: Provides grants to states for law 
enforcement and prosecution to combat violence against women; 
limits the effects of domestic violence on children; allows 
victims of Federal domestic violence to enter the Federal 
Witness Protection Program; provides civilian jurisdiction for 
sexual assault and domestic violence crimes committed outside 
the U.S. by individuals accompanying the armed services; 
authorizes the Attorney General to develop curricula to train 
law enforcement officers and prosecutors in recognizing, 
addressing, investigating and prosecuting elder abuse, neglect 
and exploitation; authorizes the Attorney General to award 
grants to health professionals to assist them in identifying 
victims of domestic violence and sexual assault and documenting 
those injuries; and provides research for prevention, detection 
and investigation of violence against women.
    The amendments made in order under the rule are as follows:

  1. An Amendment To Be Offered by Representative Riley of Alabama or 
   Representative Bachus of Alabama, or a Designee, Debatable for 10 
                                Minutes

  Page 5, line 23, strike ``Technical Correction'' and insert 
``Modification of Possession Offense''.
  Page 6, beginning in line 7, strike ``possesses'' and all 
that follows through line 4 on page 8 and insert the following:
                possesses a book, magazine, periodical, 
                computer disk, film, video tape, or any other 
                matter that contains a visual depiction of 
                sexually explicit conduct and the production of 
                which involves the use of a minor engaging in 
                that conduct; or
                  ``(B) knowingly possesses a book, magazine, 
                periodical, computer disk, film, video tape, or 
                any other matter that--
                          ``(i) has been mailed, or has been 
                        shipped or transported by any means, 
                        including computer, in interstate or 
                        foreign commerce, or which was produced 
                        using materials which were mailed or so 
                        shipped or transported; and
                          ``(ii) contains a visual depiction of 
                        sexually explicit conduct and the 
                        production of which involves the use of 
                        a minor engaging in that conduct;''.
  (e) Child Pornography Possession Offense.--Section 
2252A(a)(5) of title 18, United States Code, is amended in each 
of subparagraphs (A) and (B), by striking ``3 or more images 
of'' and inserting ``an image of''.
                              ----------                              


2. An Amendment To Be Offered by Representative Slaughter of New York, 
                or a Designee, Debatable for 10 Minutes

  Page 11, after the matter following line 13, insert the 
following:

SEC. 112. STUDY OF PERSISTENT SEXUAL OFFENDERS.

  The National Institute of Justice, either directly or through 
grant, shall carry out a study of persistent sexual predators. 
Not later than one year after the date of the enactment of this 
Act, such Institute shall report to Congress and the President 
the results of such study. Such report shall include--
          (1) a synthesis of current research in psychology, 
        sociology, law, criminal justice, and other fields 
        regarding persistent sexual offenders, including--
                  (A) common characteristics of such offenders;
                  (B) recidivism rates for such offenders;
                  (C) treatment techniques and their 
                effectiveness;
                  (D) responses of offenders to treatment and 
                deterrence; and
                  (E) the possibility of early intervention to 
                prevent people from becoming sexual predators; 
                and
          (2) an agenda for future research in this area.
                              ----------                              


 3. An Amendment To Be Offered by Representative Franks of New Jersey, 
                or a Designee, Debatable for 20 Minutes

  Page 11, after the matter following line 13, insert the 
following:

SEC. 112. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC COMMUNICATION 
                    SERVICE PROVIDERS.

  Whoever, while engaged in providing an electronic 
communication service or a remote computing service to the 
public, through a facility or means of interstate or foreign 
commerce, learns of the creation, distribution, production, or 
transfer of child pornography (as defined in section 2256), 
shall as soon as reasonably possible make a report of that 
child pornography to an agency or agencies designated by the 
Attorney General. The Attorney General shall make a designation 
of the agency or agencies described in the preceding sentence 
not later than 180 days after the date of the enactment of this 
paragraph. A person who fails to make a report required under 
this section shall be fined not more than $100,000. A term used 
in this section has the same meaning given that term when used 
in section 226(a) of the Crime Control Act of 1990 (42 U.S.C. 
13031(a)).
  (b) Exception to Prohibition on Disclosure.--Section 
2702(b)(6) of title 18, United States Code, is amended to read 
as follows:
          ``(6) to a law enforcement agency--
                  ``(A) if such contents--
                          ``(i) were inadvertently obtained by 
                        the service provider; and
                          ``(ii) appear to pertain to the 
                        commission of a crime; or
                  ``(B) if required by the Child Protection and 
                Sexual Predator Punishment Act of 1998.''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Ackerman of New York, 
                or a Designee, Debatable for 10 Minutes

  Add at the end the following new title:

           TITLE V--ENHANCED PENALTIES FOR VULNERABLE VICTIMS

SEC. 501. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.

  Section 240002 of the Violent Crime Control and Law 
Enforcement Act of 1994 is amended to read as follows:

``SEC. 240002. ENHANCED PENALTIES FOR VULNERABLE VICTIMS.

  ``(a) In General.--The United States Sentencing Commission 
shall amend the Federal sentencing guidelines to provide a 
sentencing enhancement of not less than 5 levels above the 
offense level otherwise provided for a crime of violence, if 
the crime of violence is against an elderly person or other 
vulnerable person.
  ``(b) Definitions.--As used in this section--
          ``(1) the term `crime of violence' has the meaning 
        given that term in section 16 of title 18, United 
        States Code;
          ``(2) the term `elderly person' means a person who is 
        65 years of age or older; and
          ``(3) the term `vulnerable person' means a person 
        whom the defendant knew or should have known was 
        unusually vulnerable due to age, physical or mental 
        condition, or otherwise particularly susceptible to the 
        criminal conduct, or is a victim of an offense under 
        section 2241(e) of title 18, United States Code.''.
                              ----------                              


5. An Amendment To Be Offered by Representative Bass of New Hampshire, 
                or a Designee, Debatable for 10 Minutes

  Add at the end the following new title:

          TITLE V--SEX OFFENDER MANAGEMENT ASSISTANCE PROGRAM

SEC. 501. GRANTS TO STATES TO OFFSET COSTS ASSOCIATED WITH THE JACOB 
                    WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY 
                    VIOLENT OFFENDER REGISTRATION ACT.

  (a) In General.--Section 170101 of the Violent Crime Control 
and Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended 
by--
          (1) redesignating the second subsection (g) as 
        subsection (h); and
          (2) adding at the end the following new subsection:
  ``(i) Grants to States to Comply with the Wetterling Act.--
          ``(1) Program authorized.--
                  ``(i) In general.--The Director of the Bureau 
                of Justice Assistance shall award a grant to 
                each eligible State to offset costs directly 
                associated with complying with the Jacob 
                Wetterling Crimes Against Children and Sexually 
                Violent Offender Registration Act. Such grant 
                program shall be known as the ``Sex Offender 
                Management Assistance Program (SOMA)''.
                  ``(ii) Uses of funds.--Grants awarded under 
                this subsection shall be--
                          ``(I) distributed directly to the 
                        State for distribution to State and 
                        local entities; and
                          ``(II) used for training, salaries, 
                        equipment, materials, and other costs 
                        directly associated with complying with 
                        the Jacob Wetterling Crimes Against 
                        Children and Sexually Violent Offender 
                        Registration Act.
          ``(2) Eligibility.--
                  ``(i) Application.--To be eligible to receive 
                a grant under this subsection, the chief 
                executive of a State shall, on an annual basis, 
                submit an application to the Director of the 
                Bureau of Justice Assistance (in such form and 
                containing such information as the Director may 
                reasonably require) assuring that--
                          ``(I) the State complies with (or 
                        made a good faith effort to comply 
                        with) the Jacob Wetterling Crimes 
                        Against Children and Sexually Violent 
                        Offender Registration Act; and
                          ``(II) where applicable, the State 
                        has penalties comparable to or greater 
                        than Federal penalties for crimes 
                        listed in such Act.
                  ``The Director of the Bureau of Justice 
                Assistance may waive the requirement of 
                subclause (II) if a State demonstrates an 
                overriding need for assistance under this 
                subsection.
                  ``(ii) Regulations.--
                          ``(I) In general.--Not later than 90 
                        days after the date of enactment of 
                        this subsection, the Director shall 
                        promulgate regulations to implement 
                        this subsection (including the 
                        information that must be included and 
                        the requirements that the States must 
                        meet) in submitting the applications 
                        required under this subsection. In 
                        allocating funds under this subsection, 
                        the Director may consider the annual 
                        number of sex offenders registered in 
                        each eligible state's monitoring and 
                        notification programs.
                          ``(II) Certain training programs.--
                        Prior to implementing this subsection, 
                        the Director of the Bureau of Justice 
                        Assistance shall study the feasibility 
                        of incorporating into the SOMA program 
                        the activities of any technical 
                        assistance or training program 
                        established as a result of section 
                        40152 of the Violent Crime Control and 
                        Law Enforcement Act of 1994 (Public Law 
                        103-322). In a case in which 
                        incorporating such activities into the 
                        SOMA program will eliminate duplication 
                        of efforts or administrative costs, the 
                        Director shall take administrative 
                        actions, as allowable, and make 
                        recommendations to Congress to 
                        incorporate such activities into the 
                        SOMA program prior to implementing the 
                        SOMA program.''.
  (b) Study.--The Director of the Bureau of Justice Assistance 
shall conduct a study to assess the efficacy of the SOMA 
program and submit recommendations to Congress not later than 
March 1, 2000.
  (c) Authorization for Appropriations.--There are authorized 
to be appropriated to carry out subsection (i) of section 
170101 of the Violent Crime Control and Law Enforcement Act of 
1994 (42 U.S.C. 14211), $25,000,000 for each of fiscal years 
1999 and 2000.
                              ----------                              


6. An Amendment To Be Offered by Representative Foley of Florida, or a 
                   Designee, Debatable for 10 Minutes

  Add at the end the following:

   TITLE V--FACILITATING FINGERPRINT CHECKS TO PROTECT CHILDREN FROM 
                 SEXUAL PREDATORS AND VIOLENT CRIMINALS

SEC. 501. SHORT TITLE.

  This title may be cited as the ``Volunteers for Children 
Act''.

SEC. 502. ACCESS TO CRIMINAL FINGERPRINT BACKGROUND CHECKS.

  (a) State Agency.--Section 3(a) of the National Child 
Protection Act of 1993 (42 U.S.C. 5119a(a)) is amended by 
adding at the end the following:
  ``(3) In the absence of State procedures referred to in 
paragraph (1), youth-serving volunteer organizations and 
institutions may contact an authorized agency of the State to 
request national criminal fingerprint background checks. 
Entities requesting background checks under this paragraph 
shall follow the guidelines in subsection (b) and procedures, 
if any, for requesting national criminal fingerprint background 
checks established by the State in which they are located.
  (b) Federal Law.--Section 3(b)(5) of such Act (42 U.S.C. 
5119a(b)(5)) is amended by inserting before the period at the 
end the following: ``, except that this paragraph does not 
apply to any request by youth-serving volunteer organizations 
and institutions for national criminal fingerprint background 
checks pursuant to subsection (a)(3)''.
  (c) Authorization.--Section 4(b)(2) of such Act (42 U.S.C. 
5119b(b)(2)) is amended by striking ``1994, 1995, 1996, and 
1997'' and inserting ``1999, 2000, 2001, and 2002''.
                              ----------                              


7. An Amendment To Be Offered by Representative Gutknecht of Minnesota, 
                or a Designee, Debatable for 10 Minutes

  Add at the end the following new title:

                      TITLE V--MODEL NOTIFICATION

SEC. 501. FINDINGS AND SENSE OF CONGRESS.

  (a) Findings.--Congress finds the following:
          (1) States are now required to release certain 
        relevant information to protect the public from 
        sexually violent offenders.
          (2) Many States have not established guidelines 
        regarding the notification and release of a sexually 
        violent offender.
  (b) Sense of Congress.--It is the sense of the Congress that 
each State should enact legislation based on the model 
notification process described in sections 502 through 514.

SEC. 502. ESTABLISHMENT OF ADVISORY BOARD FOR RISK ASSESSMENT.

  (a) Establishment.--The State shall establish an Advisory 
Board for Risk Assessment (referred to in this title as the 
``Board'') which consists of not less than 5 members appointed 
by the Chief Executive Officer of the State.
  (b) Duties.--The Board shall comply with the requirements and 
guidelines established for a State board under section 170101 
of the Violent Crime Control and Law Enforcement Act of 1994 
and the provisions of this title.
  (c) Membership.--Each member shall, by experience or 
training, have a personal interest or professional expertise in 
law enforcement, crime prevention, victim advocacy, 
criminology, psychology, parole, public education, or community 
relations.
  (d) Term.--The term of office of each member of such Board 
shall be determined by the Chief Executive Officer of the State 
in guidelines issued pursuant to this section.
  (e) Vacancy.--Any member chosen to fill a vacancy occurring 
other than by expiration of a term shall be appointed for the 
remainder of the unexpired term.
  (f) Chairperson.--The Chief Executive Officer of the State 
shall designate 1 of the members of the Board as chairperson to 
serve in such capacity at the pleasure of the Officer or until 
the member's term of office expires and a successor is 
designated in accordance with law, whichever occurs first.
  (g) Termination.--Any member of the Board may be removed by 
the Chief Executive Officer for cause after an opportunity to 
be heard.
  (h) Quorum.--Except as otherwise provided by law, a majority 
of the Board shall constitute a quorum for the transaction of 
all business of the Board.

SEC. 503. GUIDELINES FOR TIER DETERMINATION.

  (a) In General.--The Chief Executive Officer of the State or 
a designee shall develop guidelines and procedures for use by 
the Board to assess the risk of a repeat offense by such sex 
offender and the threat posed to the public safety. Such 
guidelines shall be based upon the following:
          (1) Criminal history factors indicative of high risk 
        of repeat offense, including--
                  (A) whether the sex offender has a mental 
                abnormality;
                  (B) whether the sex offender's conduct was 
                found to be characterized by repetitive and 
                compulsive behavior, associated with drugs or 
                alcohol;
                  (C) whether the sex offender served the 
                maximum term;
                  (D) whether the sex offender committed the 
                felony sex offense against a child; and
                  (E) the age of the sex offender at the time 
                of the commission of the first sex offense.
          (2) Other factors to be considered in determining 
        risk, including--
                  (A) the relationship between such sex 
                offender and the victims;
                  (B) whether the offense involved the use of a 
                weapon, violence, or infliction of serious 
                bodily injury;
                  (C) the number, date, and nature of prior 
                offenses;
                  (D) conditions of release that minimize risk 
                of another offense, including whether the sex 
                offender is under supervision, receiving 
                counseling, therapy or treatment, or residing 
                in a home situation that provides guidance and 
                supervision;
                  (E) physical conditions that minimize risk of 
                another offense, including advanced age or 
                debilitating illness;
                  (F) whether psychological or psychiatric 
                profiles indicate a risk of recidivism;
                  (G) the sex offender's response to treatment;
                  (H) recent behavior, including behavior while 
                confined;
                  (I) recent threats or gestures against 
                persons or expression of intent to commit 
                additional offenses; and
                  (J) review of any victim impact statement.
  (b) Information Transfer.--
          (1) In general.--Notwithstanding any other provision 
        of law, any State or local correctional facility, 
        hospital, or institution shall forward relevant 
        information pertaining to a sex offender to be 
        discharged, paroled, or released to the Board for 
        review prior to the release or discharge for 
        consideration by the Board in its recommendations. 
        Information shall include the commitment file, medical 
        file, and treatment file pertaining to such person.
          (2) Confidentiality.--All confidential records 
        provided under paragraph (1) shall remain confidential, 
        unless otherwise ordered by a court, by the lawful 
        custodians of the records, or by another person duly 
        authorized to release such information.

SEC. 504. BOARD RECOMMENDATIONS.

  The Board shall use the guidelines established pursuant to 
section 503(a) to recommend to an appropriate court of the 
State 1 of the following 3 levels of notification:
          (1) Tier i.--If the risk of a repeat offense is low, 
        a tier 1 designation shall be given to such sex 
        offender. In such case the designated law enforcement 
        agency having jurisdiction and the law enforcement 
        agency having had jurisdiction at the time of his 
        conviction shall be notified in accordance with section 
        170101(b)(4) of the Violent Crime Control and Law 
        Enforcement Act of 1994.
          (2) Tier ii.--If the risk of a repeat offense is 
        moderate, a tier 2 designation shall be given to such 
        sex offender. In such case the designated law 
        enforcement agency having jurisdiction and the law 
        enforcement agency having had jurisdiction at the time 
        of conviction shall be notified and may notify any 
        victim of the proposed release of such offender and any 
        agency, organization, or group, serving individuals who 
        have similar characteristics to the previous victim or 
        victims of such offender. The notification may include 
        the approximate address (by ZIP Code), background 
        information relating to the crime, type of victim 
        targeted, conviction, including release of a photograph 
        of the offender, and any special conditions imposed on 
        the offender.
          (3) Tier iii.--If the risk of a repeat offense is 
        high and there exists a threat to the public safety, a 
        tier 3 designation shall be given to such offender. In 
        such case, the appropriate law enforcement agencies 
        shall be notified of such an offender's release and may 
        use the notification procedures described in paragraph 
        (2), except that a precise address may be released and 
        any relevant information necessary to protect the 
        public concerning a specific person required to 
        register under section 170101 of the Violent Crime 
        Control and Law Enforcement Act of 1994 shall be 
        released.

SEC. 505. JUDICIAL DETERMINATION.

  (a) Notification Level.--
          (1) In general.--An appropriate court of the State 
        also shall make a determination with respect to the 
        level of notification, after receiving a tier 
        recommendation from the Board. In making the 
        determination, the court shall review any statement by 
        a victim or victims and any materials submitted by the 
        sex offender. The court shall also allow the sex 
        offender to appear and be heard, and inform the sex 
        offender of the right to have counsel appointed if 
        necessary.
          (2) Appeal.--A sex offender may appeal a 
        determination made by the court made under paragraph 
        (1) in accordance with State law.
          (3) Notification and registration.--The filing of the 
        appeal shall not stay the designated law enforcement 
        agency's notification actions unless the court orders 
        otherwise. Such petition, if granted, shall not relieve 
        the petitioner of the duty to register pursuant to 
        section 170101 of the Violent Crime Control and Law 
        Enforcement Act of 1994 upon conviction of an offense 
        requiring registration in the future.
  (b) Reversal.--Upon the reversal of a conviction of a sexual 
offense, the court shall order the expungement of any records 
required to be kept pursuant to this title.

SEC. 506. PENALTY FOR MISUSE OF REGISTRATION INFORMATION.

  (a) Fine.--Any person who uses information disclosed pursuant 
to this title in violation of the law shall be fined under 
title 18, United States Code, or imprisoned for not more than 5 
years, or both.
  (b) Civil Action.--The State attorney general, a district 
attorney, or any person aggrieved by informationdisclosed in 
violation of the law is authorized to bring a civil action in the 
appropriate court requesting preventive relief, including an 
application for a permanent or temporary injunction, restraining order, 
or other order against the person or group of persons responsible for 
such action.
  (c) Additional Remedies.--The foregoing remedies shall be 
independent of any other remedies or procedures that may be 
available to an aggrieved party under other provisions of law.

SEC. 507. JUVENILE OFFENDERS.

  (a) In General.--A juvenile residing in a State who has been 
adjudicated delinquent for any sex offense or attempted sex 
offense, or who has been convicted of any sex offense or 
attempted sex offense, or who has been acquitted by reason of 
insanity for any sex offense or attempted sex offense shall be 
required to comply with the registration requirements 
established pursuant to section 170101 of the Violent Crime 
Control and Law Enforcement Act of 1994.
  (b) Youth Facility.--Any person who is discharged or paroled 
from a facility in another State that is equivalent to a 
Department of the Youth Authority to the custody of such a 
facility because of the commission or attempted commission of 
specified sex offenses, is required to register pursuant to 
section 170101 of the Violent Crime Control and Law Enforcement 
Act of 1994.

SEC. 508. OFFICIAL IMMUNITY FROM LIABILITY.

  (a) Immunity.--No official, employee, or agency, whether 
public or private, shall be subject to any civil or criminal 
liability for damages for any discretionary decision to release 
relevant and necessary information pursuant to this section, 
unless it is shown that such official, employee, or agency 
acted with gross negligence or in bad faith.
  (b) Information Release.--The immunity provided under this 
section applies to the release of relevant information to other 
employees or officials or to the general public.
  (c) Failure To Release Information.--Nothing in this section 
shall be deemed to impose any civil or criminal liability upon 
or to give rise to a cause of action against any official, 
employee, or agency, whether public or private, for failing to 
release information as authorized in this title unless it is 
shown that such official, employee, or agency acted with gross 
negligence or in bad faith.

SEC. 509. IDENTITY OF THE VICTIM.

  Any information identifying the victim by name, birth date, 
address, or relation to the registrant shall be excluded from 
public access or dissemination.

SEC. 510. GENERAL STATE REQUIREMENTS.

  The Chief Executive Officer of a State or designee shall 
establish reasonable notification requirements under this 
title, including notification to an offender of any procedures 
for which the offender is required or is permitted to 
participate, including the hearing process, appeal rights, and 
submission of information to the Board.

SEC. 511. ADVISORY COUNCIL FOR COMMUNITY EDUCATION.

  (a) In General.--The Chief Executive Officer of a State shall 
appoint a voluntary advisory council to design a policy to 
assist communities in which a sex offender resides to plan and 
prepare for such a resident.
  (b) Composition.--Each such advisory council shall include 
representation from--
          (1) law enforcement;
          (2) law enforcement organizations;
          (3) local corrections agencies;
          (4) victims groups; and
          (5) other interested members of the public.
  (c) Duties.--In developing a policy pursuant to subsection 
(a), an advisory council should make recommendations that 
include--
          (1) the method of distributing community notification 
        information;
          (2) methods of educating community residents at 
        public meetings on how they can use such information to 
        enhance their safety and the safety of their family;
          (3) procedures for ensuring that community members 
        are educated regarding the right of the sex offender 
        not to be subjected to harassment or criminal acts; and
          (4) other matters the council considers necessary to 
        ensure the effective and fair administration of the 
        community notification law.

SEC. 512. EXPUNGEMENT OF OUTDATED INFORMATION.

  In accordance with section 170101 of the Violent Crime 
Control and Law Enforcement Act of 1994, the department 
required to coordinate the sex offender registration program 
shall compile and update information regarding the offenders. 
Any offender whose duty to register has expired or who has been 
relieved of the duty to register shall be removed from any 
public database.

SEC. 513. EXCEPTIONAL CIRCUMSTANCES.

  Nothing in this title shall be construed to prevent law 
enforcement officers from notifying members of the public of 
individuals that pose a danger under circumstances that are not 
described in section 170101 of the Violent Crime Control and 
Law Enforcement Act of 1994 or under this title.

SEC. 514. DEFINITIONS.

  For purposes of this title:
          (1) The term ``criminal offense against a victim who 
        is a minor'' means any criminal offense that consists 
        of--
                  (A) kidnapping of a minor, except by a 
                parent;
                  (B) false imprisonment of a minor, except by 
                a parent;
                  (C) criminal sexual conduct toward a minor;
                  (D) solicitation of a minor to engage in 
                sexual conduct;
                  (E) use of a minor in a sexual performance;
                  (F) solicitation of a minor to practice 
                prostitution;
                  (G) any conduct that by its nature is a 
                sexual offense against a minor; and
                  (H) an attempt to commit an offense described 
                in any of subparagraphs (A) through (H) if the 
                State--
                          (i) makes such an attempt a criminal 
                        offense; or
                          (ii) chooses to include such an 
                        offense in those which are criminal 
                        offenses against a victim who is a 
                        minor for purposes of this section.
        For purposes of this paragraph, conduct which is 
        criminal only because of the age of the victim shall 
        not be considered a criminal offense if the perpetrator 
        is 18 years of age or younger.
          (2) The term ``sexually violent offense'' means any 
        criminal offense that consists of aggravated sexual 
        abuse or sexual abuse (as described in sections 2241 
        and 2242 of title 18, United States Code, or as 
        described in the State criminal code) or an offense 
        that has as its elements engaging in physical contact 
        with another person with intent to commit aggravated 
        sexual abuse or sexual abuse (as described in such 
        sections of title 18, United States Code, or as 
        described in the State criminal code).
          (3) The term ``mental abnormality'' means a 
        congenital or acquired condition of a person that 
        affects the emotional or volitional capacity of the 
        person in a manner that predisposes that person to the 
        commission of criminal sexual acts to a degree that 
        makes the person a menace to the health and safety of 
        other persons.
          (4) The term ``predatory'' means an act directed at a 
        stranger, or a person with whom a relationship has been 
        established or promoted for the primary purpose of 
        victimization.
Any offense committed in another State, which if committed in 
the State at issue would be one of the above enumerated 
offenses, is considered a sexual offense for the purposes of 
this title.
          (5) The term ``juvenile'' has the meaning given such 
        term under State law.
                              ----------                              


8. An Amendment To Be Offered by Representative Kelly of New York, or a 
                   Designee, Debatable for 10 Minutes

  Add at the end the following new title:

   TITLE V--CHILD HOSTAGE-TAKING TO EVADE ARREST OR OBSTRUCT JUSTICE

SEC. 501. CHILD HOSTAGE-TAKING TO EVADE ARREST OR OBSTRUCT JUSTICE.

  (a) In General.--Chapter 55 of title 18, United States Code, 
is amended by adding at the end the following new section:

``Sec. 1205. Child hostage-taking to evade arrest or obstruct justice

  ``(a) In General.--Whoever uses force or threatens to use 
force against any officer or agency of the Federal Government, 
and seizes or detains, or continues to detain, a child in order 
to--
          ``(1) obstruct, resist, or oppose any officer of the 
        United States, or other person duly authorized, in 
        serving, or attempting to serve or execute, any legal 
        or judicial writ, process, or warrant of any court of 
        the United States; or
          ``(2) compel any department or agency of the Federal 
        Government to do or to abstain from doing any act;
or attempts to do so, shall be punished in accordance with 
subsection (b).
  ``(b) Sentencing.--Any person who violates subsection (a)--
          ``(1) shall be imprisoned not less than 10 years and 
        not more than 25 years;
          ``(2) if injury results to the child as a result of 
        the violation, shall be imprisoned not less than 20 
        years and not more than 35 years; and
          ``(3) if death results to the child as a result of 
        the violation, shall be subject to the penalty of death 
        or be imprisoned for life.
  ``(c) Definition.--For purposes of this section, the term 
`child' means an individual who has not attained the age of 18 
years.''.
  (b) Clerical Amendment.--The table of sections for chapter 55 
of title 18, United States Code, is amended by adding at the 
end the following new item:

``1205. Child hostage-taking to evade arrest or obstruct justice.''.
                    ____________________________________________________

9. An Amendment To Be Offered by Representative Sherman of California, 
                or a Designee, Debatable for 20 Minutes

  At the end of the bill, add the following new title:

       TITLE V--PUBLIC ACCESS TO FBI DATABASE ON SEXUAL OFFENDERS

SEC. 501. ESTABLISHMENT OF TELEPHONE ACCESS FOR THE PUBLIC TO FBI 
                    DATABASE ON SEXUAL OFFENDERS.

  Subtitle A of title XVII of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071 et seq.) is amended by 
adding at the end the following new section:

``SEC. 170103. TELEPHONE ACCESS FOR THE PUBLIC TO FBI DATABASE.

  ``(a) Establishment.--(1) The Attorney General shall 
establish, publicize, and operate a national telephone service 
by which a person (as defined in subsection (f)(2)) may request 
the information described in paragraph (2).
  ``(2) The information described in this paragraph is whether 
an individual (as defined in subsection (f)(3)), other than a 
victim of an offense that requires registration under this 
subtitle, is listed in the database established under section 
170102.
  ``(b) Prerequisite for Access to Information.--The Attorney 
General shall not disclose the information described in 
subsection (a)(2) unless the person seeking such information 
provides his or her full name, the full name of the individual, 
and one or more of the following:
          ``(1) The address of the individual's residence.
          ``(2) The individual's Social Security number.
          ``(3) The individual's driver's license number or the 
        number the identification card issued by State or local 
        authorities in lieu of a driver's license.
          ``(4) The individual's date of birth.
          ``(5) Such other information as the Attorney General 
        determines to be appropriate for purposes of 
        identification of the individual.
  ``(c) Notice to Caller.--Prior to disclosing information 
described in subsection (a)(2), and without charging a fee for 
the same, the Attorney General shall provide the following 
general information in the form of a recorded message:
          ``(1) The requirements described in subsection (b).
          ``(2) The fee for the use of the telephone service.
          ``(3) A warning that information received pursuant to 
        such request may not be misused, as described in 
        subsection (e), and notice of the penalties for such 
        misuse of the information.
          ``(4) A warning that the service is not be available 
        to persons under 18 years of age.
          ``(5) Such other information as the Attorney General 
        determines to be appropriate.
  ``(d) Fees for Use of Service.--
          ``(1) Fee for access to information in database.--The 
        Attorney General shall charge a fee for each use of the 
        service for information described in subsection (a) 
        from the service.
          ``(2) Limitation on number of requests.--A person may 
        not make more than two requests for such information 
        per use of the service.
          ``(3) Use of fees to defray expenses of service.--To 
        the extent provided in advance in appropriations Acts, 
        moneys received under paragraph (1) shall be used to 
        pay for the expenses of the operation of the service.
  ``(e) Penalties for Misuse of Information.--
          ``(1) Prohibitions.--Whoever, having obtained 
        information described in subsection (a)(2) from the 
        service, knowingly uses such information--
                  ``(A) for any purpose other than to protect a 
                minor at risk; or
                  ``(B) with respect to insurance, housing, or 
                any other use that the Attorney General may 
                determine--
                          ``(i) is unnecessary for the 
                        protection of a minor at risk or;
                          ``(ii) which creates a 
                        disproportionate prejudicial effect,
        shall be punished as provided in paragraph (2).
          ``(2) Civil penalty.--Each person who violates the 
        provisions of paragraph (1) shall be subject to a civil 
        penalty imposed by the Attorney General of not more 
        than $1,000 for each violation.
  ``(f) Definitions.--As used in this section:
          ``(1) Minor at risk.--The term `minor at risk' means 
        a minor, as that term is defined in section 2256(1) of 
        title 18, United States Code, who is or may be in 
        danger of becoming a victim of an offense, for which 
        registration is required under this subtitle, by an 
        individual about whom the information described in 
        subsection (a)(2) is sought.
          ``(2) Person.--The term `person' means a person who 
        requests the information described in subsection 
        (a)(2).
          ``(3) Individual.--The term `individual' means an 
        individual who is required to register under this 
        subtitle.''.
                              ----------                              


 10. An Amendment To Be Offered by Representative Conyers of Michigan, 
                or a Designee, Debatable for 60 Minutes

  Add at the end the following (and conform the table of 
contents accordingly):

  TITLE V--CONTINUING THE COMMITMENT OF THE VIOLENCE AGAINST WOMEN ACT

 Subtitle A--Law Enforcement and Prosecution Grants To Combat Violence 
                             Against Women

SEC. 501. PURPOSE OF THE PROGRAM AND GRANTS.

  (a) General Program Purpose.--The purpose of this subtitle is 
to assist States, Indian tribal governments, and units of local 
government to develop and strengthen effective law enforcement 
and prosecution strategies to combat violent crimes against 
women.
  (b) Purposes for Which Grants May Be Used.--Grants under this 
subtitle shall provide personnel, training, technical 
assistance, data collection and other equipment for the more 
widespread apprehension, prosecution, and adjudication of 
persons committing violent crimes against women, and 
specifically, for the purposes of--
          (1) training law enforcement officers and prosecutors 
        to more effectively identify and respond to violent 
        crimes against women, including the crimes of sexual 
        assault and domestic violence;
          (2) developing, training, or expanding units of law 
        enforcement officers and prosecutors specifically 
        targeting violent crimes against women, including the 
        crimes of sexual assault and domestic violence;
          (3) developing and implementing more effective police 
        and prosecution policies, protocols, orders, and 
        services specifically devoted to preventing, 
        identifying, and responding to violent crimes against 
        women, including the crimes of sexual assault and 
        domestic violence;
          (4) developing, installing, or expanding data 
        collection and communication systems, including 
        computerized systems, linking police, prosecutors, and 
        courts or for the purpose of identifying and tracking 
        arrests, protection orders, violations of protection 
        orders, prosecutions, and convictions for violent 
        crimes against women, including the crimes of sexual 
        assault and domestic violence;
          (5) developing, enlarging, or strengthening programs 
        addressing stalking;
          (6) developing, enlarging, or strengthening programs 
        addressing the needs and circumstances of Indian tribes 
        in dealing with violent crimes against women, including 
        the crimes of sexual assault and domestic violence; and
          (7) developing, enlarging, or strengthening State 
        court programs, including training for State, local, 
        and tribal judges and court personnel, addressing 
        violent crimes against women, including sexual assault, 
        domestic violence, and stalking.

SEC. 502. STATE GRANTS.

  (a) General Grants.--The Attorney General may make grants to 
States, for use by States, units of local government, and 
Indian tribal governments for the purposes described in section 
501(b).
  (b) Amounts.--Of the amounts appropriated for the purposes of 
this subtitle--
          (1) 4 percent shall be available for grants to Indian 
        tribal governments;
          (2) $500,000 shall be available for grants to 
        applicants in each State; and
          (3) the remaining funds shall be available for grants 
        to applicants in each State in an amount that bears the 
        same ratio to the amount of remaining funds as the 
        population of the State bears to the population of all 
        of the States that results from a distribution among 
        the States on the basis of each State's population in 
        relation to the population of all States (not including 
        populations of Indian tribes).
  (c) Qualification.--Upon satisfying the terms of subsection 
(d), any State shall be qualified for funds provided under this 
subtitle upon certification that--
          (1) the funds shall be used for any of the purposes 
        described in section 501(b);
          (2) grantees and subgrantees shall develop a plan for 
        implementation and shall consult and coordinate with 
        nonprofit, nongovernmental victim services programs, 
        including sexual assault and domestic violence victim 
        services programs;
          (3) up to 30 percent shall be allocated to law 
        enforcement, up to 30 percent to prosecution grants, 
        and at least 10 percent to State court systems; and
          (4) any Federal funds received under this subtitle 
        shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities 
        funded under this subtitle.
  (d) Application Requirements.--Each application shall include 
the certifications of qualification required by subsection (c). 
An application shall include--
          (1) documentation from the prosecution and law 
        enforcement programs to be assisted, demonstrating--
                  (A) need for the grant funds;
                  (B) intended use of the grant funds;
                  (C) expected results from the use of grant 
                funds; and
                  (D) demographic characteristics of the 
                populations to be served, including age, 
                marital status, disability, race, ethnicity, 
                and language background;
          (2) proof of compliance with the requirements for the 
        payment of forensic medical exams provided in section 
        505; and
          (3) proof of compliance with the requirements for 
        paying filing and service fees for domestic violence 
        cases provided in section 506.
  (e) Disbursement.--
          (1) In general.--Not later than 60 days after the 
        receipt of an application under this subtitle, the 
        Attorney General shall--
                  (A) disburse the appropriate sums provided 
                for under this subtitle; or
                  (B) inform the applicant why the application 
                does not conform to the requirements of this 
                section.
          (2) Regulations.--In disbursing monies under this 
        subtitle, the Attorney General shall issue regulations 
        to ensure that States will--
                  (A) give priority to areas of varying 
                geographic size with the greatest showing of 
                need based on the availability of existing 
                domestic violence and sexual assault programs 
                in the population and geographic area to be 
                served in relation to the availability of such 
                programs in other such populations and 
                geographic areas;
                  (B) determine the amount of subgrants based 
                on the population and geographic area to be 
                served;
                  (C) equitably distribute monies on a 
                geographic basis including nonurban and rural 
                areas of various geographic sizes;
                  (D) recognize and address the needs of 
                underserved populations; and
                  (E)(i) if, at the end of the 9th month of any 
                fiscal year for which funds are appropriated 
                under section 507, the amounts made available 
                are unspent or unobligated, such unspent or 
                unobligated funds shall be reallotted to the 
                current fiscal year recipients in the victim 
                services area pursuant to section 502(c)(3) 
                proportionate to their original allotment for 
                the current fiscal year; and
                  (ii) for the first 2 fiscal years following 
                the effective date of this Act, the Attorney 
                General may waive the qualification 
                requirements of section 502(c), at the request 
                of the State and with the support of law 
                enforcement and prosecution grantees currently 
                funded under this section, if the reallocation 
                of funds among law enforcement, prosecution, 
                victims' services, and State court systems 
                mandated by this subtitle adversely impacts 
                victims of sexual assault, domestic violence, 
                and stalking, due to the reduction of funds to 
                programs and services funded under this section 
                in the prior fiscal year.
  (f) Federal Share.--The Federal share of a grant made under 
this subtitle may not exceed 75 percent of the total costs of 
the projects described in the application submitted.
  (g) Indian Tribes.--Funds appropriated by the Congress for 
the activities of any agency of an Indian tribal government or 
of the Bureau of Indian Affairs performing law enforcement 
functions on any Indian lands may be used to provide the non-
Federal share of the cost of programs or projects funded under 
this subtitle.
  (h) Grantee Reporting.--
          (1) In general.--Upon completion of the grant period 
        under this subtitle, a State or Indian tribal grantee 
        shall file a performance report with the Attorney 
        General explaining the activities carried out, which 
        report shall include an assessment of the effectiveness 
        of those activities in achieving the purposes of this 
        subtitle.
          (2) Certification by grantee and subgrantees.--A 
        section of the performance report shall be completed by 
        each grantee and subgrantee that performed the direct 
        services contemplated in the application, certifying 
        performance of direct services under the grant.
          (3) Suspension of funding.--The Attorney General 
        shall suspend funding for an approved application if--
                  (A) an applicant fails to submit an annual 
                performance report;
                  (B) funds are expended for purposes other 
                than those described in this subtitle; or
                  (C) a report under paragraph (1) or 
                accompanying assessments demonstrate to the 
                Attorney General that the program is 
                ineffective or financially unsound.
                  (D) for failure to provide documentation, 
                including memoranda of understanding, contract, 
                or other document of any collaborative efforts 
                with other agencies or organizations.

SEC. 503. DEFINITIONS.

  In this subtitle--
          (1) the term ``domestic violence'' includes felony or 
        misdemeanor crimes of violence committed by a current 
        or former spouse of the victim, by a person with whom 
        the victim shares a child in common, by a person who is 
        cohabitating with or has cohabitated with the victim as 
        a spouse, by a person similarly situated to a spouse of 
        the victim under the domestic or family violence laws 
        of the jurisdiction receiving grant monies, or by any 
        other adult person against a victim who is protected 
        from that person's acts under the domestic or family 
        violence laws of the jurisdiction receiving grant 
        monies;
          (2) the term ``Indian country'' has the meaning 
        stated in section 1151 of title 18, United States Code;
          (3) the term ``Indian tribe'' means a tribe, band, 
        pueblo, nation, or other organized group or community 
        of Indians, including any Alaska Native village or 
        regional or village corporation (as defined in, or 
        established pursuant to, the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.)), that is 
        recognized as eligible for the special programs and 
        services provided by the United States to Indians 
        because of their status as Indians;
          (4) the term ``law enforcement'' means a public 
        agency charged with policing functions, including any 
        of its component bureaus (such as governmental victim 
        services programs);
          (5) the term ``prosecution'' means any public agency 
        charged with direct responsibility for prosecuting 
        criminal offenders, including such agency's component 
        bureaus (such as governmental victim services 
        programs);
          (6) the term ``sexual assault'' means any conduct 
        proscribed by chapter 109A of title 18, United States 
        Code, whether or not the conduct occurs in the special 
        maritime and territorial jurisdiction of the United 
        States or in a Federal prison and includes both 
        assaults committed by offenders who are strangers to 
        the victim and assaults committed by offenders who are 
        known or related by blood or marriage to the victim; 
        and
          (7) the term ``underserved populations'' includes 
        populations underserved because of geographic location 
        (such as rural isolation), underserved racial or ethnic 
        populations, and populations underserved because of 
        special needs, such as language barriers or physical 
        disabilities.

SEC. 504. GENERAL TERMS AND CONDITIONS.

  (a) Nonmonetary Assistance.--In addition to the assistance 
provided under this subtitle, the Attorney General may request 
any Federal agency to use its authorities and the resources 
granted to it under Federal law (including personnel, 
equipment, supplies, facilities, and managerial, technical, and 
advisory services) in support of State, tribal, and local 
assistance efforts.
  (b) Reporting.--Not later than 180 days after the end of each 
fiscal year for which grants are made under this subtitle, the 
Attorney General shall submit to the Committee on the Judiciary 
of the House of Representatives and the Committee on the 
Judiciary of the Senate a report that includes, for each State 
and for each grantee Indian tribe--
          (1) the number of grants made and funds distributed 
        under this subtitle;
          (2) a summary of the purposes for which those grants 
        were provided and an evaluation of their progress;
          (3) a statistical summary of persons served, 
        detailing the nature of victimization, and providing 
        data on age, sex, relationship of victim to offender, 
        geographic distribution, race, ethnicity, language, and 
        disability; and
          (4) an evaluation of the effectiveness of programs 
        funded under this subtitle.
  (c) Regulations or Guidelines.--Not later than 120 days after 
the date of enactment of this subtitle, the Attorney General 
shall publish proposed regulations or guidelines implementing 
this subtitle. Not later than 180 days after the date of 
enactment, the Attorney General shall publish final regulations 
or guidelines implementing this subtitle.

SEC. 505. RAPE EXAM PAYMENTS.

  (a) Restriction of Funds.--
          (1) In general.--A State, Indian tribal government, 
        or unit of local government, shall not be entitled to 
        funds under this subtitle unless the State, Indian 
        tribal government, unit of local government, or another 
        governmental entity incurs the full out-of-pocket cost 
        of forensic medical exams described in subsection (b) 
        for victims of sexual assault.
          (2) Redistribution.--Funds withheld from a State or 
        unit of local government under paragraph (1) shall be 
        distributed to other States or units of local 
        government pro rata. Funds withheld from an Indian 
        tribal government under paragraph (1) shall be 
        distributed to other Indian tribal governments pro 
        rata.
  (b) Medical Costs.--A State, Indian tribal government, or 
unit of local government shall be deemed to incur the full out-
of-pocket cost of forensic medical exams for victims of sexual 
assault if any government entity--
          (1) provides such exams to victims free of charge to 
        the victim;
          (2) arranges for victims to obtain such exams free of 
        charge to the victims; or
          (3) reimburses victims for the cost of such exams 
        if--
                  (A) the reimbursement covers the full cost of 
                such exams, without any deductible requirement 
                or limit on the amount of a reimbursement;
                  (B) the reimbursing governmental entity 
                permits victims to apply for reimbursement for 
                not less than one year from the date of the 
                exam;
                  (C) the reimbursing governmental entity 
                provides reimbursement not later than 90 days 
                after written notification of the victim's 
                expense; and
                  (D) the State, Indian tribal government, unit 
                of local government, or reimbursing 
                governmental entity provides information at the 
                time of the exam to all victims, including 
                victims with limited or no English proficiency, 
                regarding how to obtain reimbursement.

SEC. 506. FILING COSTS FOR CRIMINAL CHARGES.

  (a) In General.--A State, Indian tribal government, or unit 
of local government, shall not be entitled to funds under this 
subtitle unless the State, Indian tribal government, or unit of 
local government--
          (1) certifies that its laws, policies, and practices 
        do not require, in connection with the prosecution of 
        any misdemeanor or felony domestic violence offense, 
        that the abused bear the costs associated with the 
        filing of criminal charges against the domestic 
        violence offender, or the costs associated with the 
        issuance or service of a warrant, protection order, or 
        witness subpoena; or
          (2) gives the Attorney General assurances that its 
        laws, policies and practices will be in compliance with 
        the requirements of paragraph (1) within the later of--
                  (A) the period ending on the date on which 
                the next session of the State legislature ends; 
                or
                  (B) 2 years.
  (b) Redistribution.--Funds withheld from a State, unit of 
local government, or Indian tribal government under subsection 
(a) shall be distributed to other States, units of local 
government, and Indian tribal government, respectively, pro 
rata.

SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
subtitle $185,000,000 for each of fiscal years 2001, 2002, and 
2003.

            Subtitle B--Grants to Encourage Arrest Policies

SEC. 511. PROGRAM AUTHORIZED.

  (a) Purpose.--The purpose of this subtitle is to encourage 
States, Indian tribal governments, and units of local 
government to treat domestic violence as a serious violation of 
criminal law.
  (b) Grant Authority.--The Attorney General may make grants to 
eligible States, Indian tribal governments, or units of local 
government for the following purposes:
          (1) To implement mandatory arrest or proarrest 
        programs and policies in police departments, including 
        mandatory arrest programs and policies for protection 
        order violations.
          (2) To develop policies and training in police 
        departments to improve tracking of cases involving 
        domestic violence.
          (3) To centralize and coordinate police enforcement, 
        prosecution, or judicial responsibility for domestic 
        violence cases in groups or units of police officers, 
        prosecutors, or judges.
          (4) To coordinate computer tracking systems to ensure 
        communication between police, prosecutors, and both 
        criminal and family courts.
          (5) To educate judges in criminal and other courts 
        about domestic violence and to improve judicial 
        handling of such cases.
  (c) Eligibility.--Eligible grantees are States, Indian tribal 
governments, or units of local government that--
          (1) certify that their laws or official policies--
                  (A) encourage or mandate arrests of domestic 
                violence offenders based on probable cause that 
                an offense has been committed; and
                  (B) encourage or mandate arrest of domestic 
                violence offenders who violate the terms of a 
                valid and outstanding protection order;
          (2) demonstrate that their laws, policies, or 
        practices and their training programs discourage dual 
        arrests of offender and victim;
          (3) certify that their laws, policies, or practices 
        prohibit issuance of mutual restraining orders of 
        protection except in cases where both spouses file a 
        claim and the court makes detailed findings of fact 
        indicating that both spouses acted primarily as 
        aggressors and that neither spouse acted primarily in 
        self-defense; and
          (4) certify that their laws, policies, or practices 
        do not require, in connection with the prosecution of 
        any misdemeanor or felony domestic violence offense, 
        that the abused bear the costs associated with the 
        filing of criminal charges or the service of such 
        charges on an abuser, or that the abused bear the costs 
        associated with the issuance or service of a warrant, 
        protection order, or witness subpoena.

SEC. 512. APPLICATIONS.

  (a) Application.--An eligible grantee shall submit an 
application to the Attorney General that--
          (1) contains a certification by the chief executive 
        officer of the State, Indian tribal government, or 
        local government entity that the conditions of section 
        511(c) are met or will be met within the later of--
                  (A) the period ending on the date on which 
                the next session of the State or Indian tribal 
                legislature ends; or
                  (B) 2 years of the date of enactment of this 
                Act;
          (2) describes plans to further the purposes stated in 
        section 511(a);
          (3) identifies the agency or office or groups of 
        agencies or offices responsible for carrying out the 
        program; and
          (4) includes documentation from nonprofit, private 
        sexual assault and domestic violence programs 
        demonstrating their participation in developing the 
        application, and identifying such programs in which 
        such groups will be consulted for development and 
        implementation.
  (b) Priority.--In awarding grants under this subtitle, the 
Attorney General shall give priority to applicants that--
          (1) do not currently provide for centralized handling 
        of cases involving domestic violence by police, 
        prosecutors, and courts; and
          (2) demonstrate a commitment to strong enforcement of 
        laws, and prosecution of cases, involving domestic 
        violence.

SEC. 513. REPORTS.

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

SEC. 514. REGULATIONS OR GUIDELINES.

  Not later than 120 days after the date of enactment of this 
Act, the Attorney General shall publish proposed regulations or 
guidelines implementing this subtitle. Not later than 180 days 
after the date of enactment of this Act, the Attorney General 
shall publish final regulations or guidelines implementing this 
subtitle.

SEC. 515. DEFINITIONS.

  For purposes of this subtitle--
          (1) the term `domestic violence' includes acts or 
        threats of violence, not including acts of self-
        defense, committed by a current or former spouse of the 
        victim, by a person with whom the victim shares a child 
        in common, by a person who is cohabitating with or has 
        cohabitated with the victim, by a person who is or has 
        been in a continuing social relationship of a romantic 
        or intimate nature with the victim, by a person 
        similarly situated to a spouse of the victim under the 
        domestic or family violence laws of the jurisdiction, 
        or by any other person against a victim who is 
        protected from that person's acts under the domestic or 
        family violence laws of the jurisdiction; and
          (2) the term ``protection order'' includes any 
        injunction issued for the purpose of preventing violent 
        or threatening acts of domestic violence, including 
        temporary and final orders issued by civil or criminal 
        courts (other than support or child custody orders or 
        provisions) whether obtained by filing an independent 
        action or as a pendente lite order in another 
        proceeding.

SEC. 516. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
subtitle--
          (1) $63,000,000 for fiscal year 1999;
          (2) $67,000,000 for fiscal year 2000;
          (3) $70,000,000 for fiscal year 2001;
          (4) $70,000,000 for fiscal year 2002; and
          (5) $70,000,000 for fiscal year 2003.

         TITLE VI--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

SEC. 601. DEFENSE TO CRIMINAL CUSTODIAL INTERFERENCE OR PARENTAL 
                    ABDUCTION CHARGE.

  Section 1073 of title 18, United States Code, is amended by 
striking ``Whoever moves'' and inserting ``(a) Whoever moves'' 
and by adding at the end the following:
  ``(b) For any charge of parental abduction, of custodial 
interference, or of felony criminal contempt of court related 
to an underlying child custody or visitation determination, 
that would otherwise provide a basis for prosecution under this 
section, it shall be a defense to such prosecution that the 
individual against whom this section is invoked--
          ``(1) acted pursuant to the provisions of a court 
        order valid when and where issued--
                  ``(A) which granted the defendant legal 
                custody or visitation rights;
                  ``(B) which was obtained in compliance with 
                section 1738A of title 28;
                  ``(C) which is not inconsistent with such 
                section or with the Uniform Child Custody 
                Jurisdiction Enforcement Act as promulgated by 
                the Uniform Law Commissioners; and
                  ``(D) which was in effect at the time the 
                defendant left the State;
          ``(2) was fleeing an incident or pattern of domestic 
        violence or sexual assault of the child, which had been 
        previously reported to law enforcement authorities; or
          ``(3) would otherwise have a defense under the terms 
        of the International Parental Kidnapping Prevention Act 
        (18 U.S.C. 1204).
  ``(c) The Attorney General shall issue guidance to assist the 
United States Attorneys and the Federal Bureau of Investigation 
in determining when to decline to initiate or to terminate an 
investigation or prosecution under subsection (b) due to the 
potential availability of any defense.''.

SEC. 602. FULL FAITH AND CREDIT GIVEN TO CHILD CUSTODY DETERMINATIONS.

  (a) Section Intent.--Section 1738A(a) of title 28, United 
States Code, is amended by adding at the end the following: 
``This section is intended to preempt any inconsistent State 
law and to apply to every proceeding in the United States or 
its territories that is not governed by inconsistent aspects of 
any treaty to which the United States Government is a signatory 
or has ratified that involves custody and visitation concerning 
a minor child. Any provisions of a protection order regarding 
the custody and visitation of a minor child, whether consensual 
or not, otherwise consistent with section 2265 of title 18 and 
with this section shall be given full faith and credit by the 
courts of any State where the party who sought the order seeks 
enforcement.''.
  (b) Definitions.--Section 1738A(b) of such title is amended--
          (1) by inserting after paragraph (3) the following:
          ``(4) `domestic violence' includes acts or threats of 
        violence, not including acts of self defense, committed 
        by a current or former spouse of the victim, by a 
        person with whom the victim shares a child in common, 
        by a person who is cohabitating with or has cohabitated 
        with the victim, by a person who is or has been in a 
        continuing social relationship of a romantic or 
        intimate nature with the victim, by a person similarly 
        situated to a spouse of the victim under the domestic 
        or family violence laws of the jurisdiction, or by any 
        other person against a victim who is protected from 
        that person's acts under the domestic or family 
        violence laws of the jurisdiction;
          ``(5) `sexual assault' means any conduct proscribed 
        by chapter 109A of title 18, United States Code, 
        whether or not the conduct occurs in the special 
        maritime and territorial jurisdiction of the United 
        States or in a Federal prison and includes both 
        assaults committed by offenders who are strangers to 
        the victim and assaults committed by offenders who are 
        known to the victim or related by blood or marriage to 
        the victim;'';
          (2) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (6), (7), and (8), respectively;
          (3) by redesignating paragraph (7) as paragraph (9) 
        and by striking ``and'' after the semicolon;
          (4) by inserting after paragraph (9) (as so 
        redesignated) the following:
          ``(10) `predominant aggressor' means the individual 
        who has been determined to be the principal perpetrator 
        of violence, by factors including--
                  ``(A) history of domestic violence;
                  ``(B) relative severity of the injuries 
                inflicted on each person;
                  ``(C) the likelihood of future injury to each 
                person;
                  ``(D) whether one of the persons acted in 
                self-defense; and
                  ``(E) the degree to which one of the persons 
                has acted with more deliberate intent to 
                control, isolate, intimidate, emotionally 
                demean, or cause severe pain or injury, or fear 
                of harm to the other or a third person''; and
          (5) by redesignating paragraph (8) as paragraph (11).
  (c) Condition for Custody Determination.--Section 
1738A(c)(2)(C) of such title is amended--
          (1) by striking ``he'' and inserting ``the child, or 
        a sibling or parent of the child,''; and
          (2) by inserting ``, including acts of domestic 
        violence by the other parent'' after ``abuse''.
  (d) Jurisdiction.--Section 1738A(d) of such title is amended 
by inserting before the period at the end the following: ``, 
except that after 2 years have passed while a child is living 
in another State after relocation due to domestic violence or 
sexual assault of the child, the court of the original State 
shall decline jurisdiction provided that the courts of the new 
State would have personal jurisdiction over the other parent 
under that State's law''.
  (e) Child Custody Determinations.--Section 1738A of such 
title is amended by adding at the end the following:
  ``(h) A court may decline to exercise jurisdiction on behalf 
of a parent who has engaged in domestic violence as a 
predominant aggressor, if a court of another State has 
emergency jurisdiction under subsection (c)(2)(C)(ii). A court 
may decline to exercise jurisdiction on behalf of a parent who 
has wrongfully taken the child from a State without 
justification, or engaged in similar unjustifiable conduct, 
unless no other State would have jurisdiction under any 
provision of subsection (c).

                  TITLE VII--SEXUAL ASSAULT PREVENTION

   Subtitle A--Standards, Practice, and Training for Sexual Assault 
                              Examinations

SEC. 701. SHORT TITLE.

  This subtitle may be cited as the ``Standards, Practice, and 
Training for Sexual Assault Examinations Act''.

SEC. 702. STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL ASSAULT 
                    EXAMINATIONS.

  (a) In General.--The Attorney General shall--
          (1) evaluate existing standards of training and 
        practice for licensed health care professionals 
        performing sexual assault forensic examinations and 
        develop a national recommended standard for training;
          (2) recommend sexual assault examination training for 
        all health care students to improve the recognition of 
        injuries suggestive of rape and sexual assault and 
        baseline knowledge of appropriate evidence collection; 
        and
          (3) review existing national, State, and local 
        protocols on sexual assault for forensic examinations, 
        and based on this review, develop a recommended 
        national protocol, and establish a mechanism for its 
        nationwide dissemination.
  (b) Consultation.--The Attorney General shall consult with 
national, State, and local experts in the area of rape and 
sexual assault, including but not limited to, rape crisis 
centers, State sexual assault and domestic violence coalitions 
and programs, criminal justice, forensic nursing, forensic 
science, emergency room medicine, law, social services, sex 
crimes in underserved communities as defined in 42 U.S.C. 
3796gg-2(7).
  (c) Report.--The Attorney General shall ensure that no later 
than 1 year after the date of enactment of this Act, a report 
of the directives in subsection (a) is submitted to Congress.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section $200,000 for fiscal 
year 1999.

  Subtitle B--Prevention of Custodial Sexual Assault by Correctional 
                                 Staff

SEC. 711. SHORT TITLE.

  This subtitle may be cited as the ``Prevention of Custodial 
Sexual Assault by Correctional Staff Act''.

SEC. 712. FINDINGS.

  Congress finds the following:
          (1) According to an extensive 1996 report by the 
        Women's Rights Project of Human Rights Watch, sexual 
        abuse of women prisoners by correctional officers is a 
        serious problem in our Nation's prisons, jails, and 
        correctional facilities.
          (2) Custodial sexual assault of women by correctional 
        officers includes documented incidents of vaginal, 
        oral, and anal rape.
          (3) Because correctional officers wield near absolute 
        power over female prisoners, officers may abuse that 
        power to sexually assault and abuse female prisoners, 
        as well as engage in constant groping, harassment, and 
        other abuse.

SEC. 713. ESTABLISHMENT OF PREVENTION PROGRAM.

  (a) Program Guidelines.--
          (1) In general.--The Attorney General shall establish 
        guidelines for States and disseminate such information 
        to the States regarding the prevention of custodial 
        sexual misconduct by correctional staff.
          (2) Requirements.--Such guidelines shall include 
        requirements that--
                  (A) prohibit a State department of 
                corrections from hiring correctional staff who 
                have been convicted on criminal charges, or 
                found liable in civil suits, for custodial 
                sexual misconduct; and
                  (B) each State department of corrections 
                maintain databases, including the names and 
                identifying information of individuals who have 
                been convicted on criminal charges or found 
                liable in civil suits for custodial sexual 
                misconduct and to check these databases prior 
                to hiring any correctional staff.
          (3) National database.--This information shall also 
        be submitted to the Department of Justice where it will 
        be maintained and updated on a national database.
  (b) Release of Information.--The information collected under 
subsection (a)(2) shall be treated as private data except 
that--
          (1) such information may be disclosed to law 
        enforcement agencies for law enforcement purposes;
          (2) such information may be disclosed to government 
        agencies conducting confidential background checks; and
          (3) the designated State law enforcement agency and 
        any local law enforcement agency authorized by the 
        State agency may release relevant information that is 
        necessary to protect prisoners concerning a specific 
        person whose name is included in the database, except 
        that the identity of a victim of an offense that 
        requires information to be maintained under this 
        section shall not be released.
  (c) Immunity for Good Faith Conduct.--Law enforcement 
agencies, employees of law enforcement agencies, and State 
officials shall be immune from criminal or civil liability for 
good faith conduct in releasing information under this section.
  (d) Ineligibility for Funds.--
          (1) In general.--A State that fails to implement the 
        program as described under this section shall not 
        receive 10 percent of the funds that would otherwise be 
        allocated to the State under subtitle A of title II of 
        the Violent Crime Control and Law Enforcement Act of 
        1994 (42 U.S.C. 13701).
          (2) Reallocation.--Any funds that are not allocated 
        for failure to comply with this section shall be 
        reallocated to States that comply with this section.
          (3) Compliance date.--Each State shall have not more 
        than 3 years from the date of enactment of this Act in 
        which to implement this section, except that the 
        Attorney General may grant an additional 2 years to a 
        State that is making good faith efforts to implement 
        this section.

SEC. 714. DEFINITIONS.

  For purposes of this subtitle--
          (1) the term ``correctional staff'' means any 
        employee, contractual employee, volunteer, or agent of 
        a correctional department who is working in any contact 
        position with any prisoners under the jurisdiction of 
        that department; and
          (2) the term ``custodial sexual misconduct'' means 
        any physical contact, directly or through the clothing, 
        with the sexual or intimate parts of a person for the 
        purpose of sexual gratification of either party, when 
        the--
                  (A) parties involved are a person in custody 
                of a correctional department and a member of 
                the correctional staff; or
                  (B) contact occurs under circumstances of 
                coercion, duress, or threat of force by a 
                member of the correctional staff.

        TITLE VIII--FULL FAITH AND CREDIT FOR PROTECTION ORDERS

SEC. 801. FULL FAITH AND CREDIT FOR PROTECTION ORDERS.

  (a) Section 2265 of title 18, United States Code, is amended 
by adding at the end the following:
  ``(d) Formula Grant Reduction for Noncompliance.--
          ``(1) Reduction.--The Attorney General shall reduce 
        by 10 percent (for redistribution to other 
        participating States that comply with subsections (a) 
        and (b)) the amount a State would receive under subpart 
        1 of part E of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 if such State fails to comply 
        with the requirements of subsections (a), (b), and (c).
          ``(2) Effective date.--The Attorney General may begin 
        to reduce funds described in paragraph (1) on the first 
        day of each fiscal year succeeding the first fiscal 
        year beginning after the date of the enactment of this 
        subsection.
  ``(e) Registration.--Nothing in this section shall require 
prior filing or registration of a protection order in the 
enforcing State in order to secure enforcement pursuant to 
subsection (a). Nothing in this section shall permit a State to 
notify the party against whom the order has been made that a 
protection order has been registered and/or filed in that 
State.''
  ``(f) Notice.--Nothing in this section shall require 
notification of the party against whom the order was made in 
order to secure enforcement by a law enforcement officer 
pursuant to subsection (a).''.
  (b) Definitions.--Section 2266 of title 18, United States 
Code, is amended--
          (1) by inserting ``issued pursuant to State divorce 
        and child custody codes'' after ``custody orders''; and
          (2) by adding ``Custody and visitation provisions in 
        protection orders are subject to the mandates of this 
        chapter.'' after ``seeking protection.''.
  (b) Compliance--Full Faith and Credit.--Within 180 days, the 
Attorney General shall issue regulations to determine whether a 
State is in compliance with 18 U.S.C. 2265(a), (b), and (c), 
taking into account the following factors:
          (1) The State's documented good faith efforts to 
        ensure compliance by judicial, law enforcement, and 
        other State officials, including the extent and nature 
        of any training programs, outreach, and other 
        activities.
          (2) The degree to which any case of noncompliance by 
        a State official represents an isolated incident, 
        rather than a pattern of nonenforcement.
          (3) Any barriers to compliance presented by outdated 
        technology, recordkeeping problems, or similar issues, 
        and the State's documented good faith efforts to 
        removing those barriers.

SEC. 802. GRANT PROGRAM.

  (a) In General.--The Attorney General may provide grants to 
assist States, Indian tribal governments, and units of local 
government to develop and strengthen effective law enforcement 
and recordkeeping strategies to assist States, Indian tribal 
governments, and units of local government to enforce 
protective orders issued by other States, Indian tribal 
governments, or units of local government.
  (b) Uses of Funds.--
          (1) In general.--Grants under this section shall 
        provide training and enhanced technology compatible 
        with existing law enforcement systems including the 
        National Crime Information Center to enforce protection 
        orders.
          (2) Uses of funds.--Funds received under this section 
        may be used to train law enforcement, prosecutors, 
        court personnel, and others responsible for the 
        enforcement of protection orders, and to develop, 
        install, or expand data collection and communication 
        systems, including computerized systems, linking 
        police, prosecutors, and courts for the purpose of 
        identifying and tracking protection orders and 
        violations of protection orders and training.
  (c) Authorization of Appropriations.--There are authorized to 
carry out this section, $5,000,000 for each of fiscal years 
1999, 2000, 2001, 2002, and 2003.

 TITLE IX--FEDERAL WITNESS PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE

SEC. 901. WITNESS PROTECTION.

  (a) Generally.--Section 3521(a)(1) of title 18, United States 
Code, is amended by inserting ``or of a victim of an offense 
set forth in chapter 110A of this title directed at victims of 
domestic violence,'' after ``other serious offense,''.
  (b) Other Actions.--Section 3521(b)(1) of title 18, United 
States Code, is amended by inserting ``or a victim of domestic 
violence,'' after ``potential witness,''.
  (c) Guidelines.--Not later than 180 days after the date of 
enactment of this section, the Attorney General shall establish 
guidelines for determining eligibility for the Federal witness 
protection program of persons who are eligible for that program 
under the amendment made by subsection (a).

    TITLE X--CIVILIAN JURISDICTION FOR CRIMES OF SEXUAL ASSAULT AND 
                           DOMESTIC VIOLENCE

SEC. 1001. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY 
                    PERSONS ACCOMPANYING THE ARMED FORCES.

  (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 211 the following new chapter:

``CHAPTER 212--DOMESTIC VIOLENCE AND SEXUAL ASSAULT OFFENSES COMMITTED 
                       OUTSIDE THE UNITED STATES

``Sec.
``3261. Domestic violence and sexual assault offenses committed by 
          persons formerly serving with, or presently employed by or 
          accompanying, the Armed Forces outside the United States.
``3262. Definitions for chapter.

``Sec. 3261. Domestic violence and sexual assault offenses committed by 
                    persons formerly serving with, or presently 
                    employed by or accompanying, the Armed Forces 
                    outside the United States

  ``(a) In General.--Whoever, while serving with, employed by, 
or accompanying the Armed Forces outside of the United States, 
engages in conduct that would constitute a misdemeanor or 
felony domestic violence or sexual assault offense, if the 
conduct had been engaged in within the special maritime and 
territorial jurisdiction of the United States, shall be subject 
to prosecution in the Federal District Court of the 
jurisdiction of origin.
  ``(b) Concurrent Jurisdiction.--Nothing contained in this 
chapter deprives courts-martial, military commissions, provost 
courts, or other military tribunals of concurrent jurisdiction 
with respect to offenders or offenses that by statute or by the 
law of war may be tried by courts-martial, military 
commissions, provost courts, or other military tribunals.
  ``(c) Action by Foreign Government.--No prosecution may be 
commenced under this section if a foreign government, in 
accordance with jurisdiction recognized by the United States, 
has prosecuted or is prosecuting such person for the conduct 
constituting such offense, except upon the approval of the 
Attorney General of the United States or the Deputy Attorney 
General of the United States (or a person acting in either such 
capacity), which function of approval shall not be delegated.

``Sec. 3262. Definitions for chapter

  ``As used in this chapter--
          ``(1) the term `Armed Forces' has the same meaning as 
        in section 101(a)(4) of title 10;
          ``(2) a person is `employed by the Armed Forces 
        outside of the United States' if the person--
                  ``(A) is employed as a civilian employee of 
                the Department of Defense, as a Department of 
                Defense contractor, or as an employee of a 
                Department of Defense contractor;
                  ``(B) is present or residing outside of the 
                United States in connection with such 
                employment; and
                  ``(C) is not a national of the host nation; 
                and
          ``(3) a person is `accompanying the Armed Forces 
        outside of the United States' if the person--
                  ``(A) is a dependent of a member of the armed 
                forces;
                  ``(B) is a dependent of a civilian employee 
                of the Department of Defense;
                  ``(C) is residing with the member or civilian 
                employee outside of the United States; and
                  ``(D) is not a national of the host nation.''
  (b) Clerical Amendment.--The table of chapters at the 
beginning of part II of title 18, United States Code, is 
amended by inserting after the item relating to chapter 211 the 
following:

``212. Domestic Violence and Sexual Assault Offenses Committed 
              Outside the United States..........................3261''.

     TITLE XI--PREVENTING VIOLENCE AGAINST WOMEN IN TRADITIONALLY 
                        UNDERSERVED COMMUNITIES

SEC. 1101. ELDER ABUSE, NEGLECT, AND EXPLOITATION.

  (a) Definitions.--In this section:
          (1) In general.--The terms `elder abuse, neglect, and 
        exploitation', `domestic violence', and `older 
        individual' have the meanings given the terms in 
        section 102 of the Older Americans Act of 1965 (42 
        U.S.C. 3002).
          (2) Sexual assault.--The term `sexual assault' has 
        the meaning given the term in section 2003 of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796gg-2).
  (b) Curricula.--The Attorney General shall develop curricula 
and offer, or provide for the offering of, training programs to 
assist law enforcement officers and prosecutors in recognizing, 
addressing, investigating, and prosecuting instances of elder 
abuse, neglect, and exploitation, including domestic violence, 
and sexual assault, against older individuals.
  (c) Authorization.--There are authorized to be appropriated 
such sums as may be necessary to carry out this subtitle.

   TITLE XII--VIOLENCE AGAINST WOMEN TRAINING FOR HEALTH PROFESSIONS

SEC. 1201. SHORT TITLE.

  This title may be cited as the ``Violence Against Women 
Training for Health Professions Act''.

SEC. 1202. DOMESTIC VIOLENCE AND SEXUAL ASSAULT FORENSIC EVIDENCE.

  (a) In general.--In the case of a health professions, the 
Attorney General shall award grants and contracts, giving 
preference to any such entity (if otherwise a qualified 
applicant for the award involved) that has in effect the 
requirement that, as a condition of receiving a degree or 
certificate (as applicable) from the entity, each student have 
had significant training developed in consultation and 
collaboration with national, State, and local domestic violence 
and sexual assault coalitions and programs in carrying out the 
following functions as a provider of health care:
          (1) Identifying victims of domestic violence and 
        sexual assault, and maintaining complete medical 
        records that include documentation of the examination, 
        treatment given, and referrals made, and recording the 
        location and nature of the victim's injuries.
          (2) Examining and treating such victims, within the 
        scope of the health professional's discipline, 
        training, and practice.
  (b) Relevant health professions entities.--For purposes of 
paragraph (1), a health professions entity specified in this 
paragraph is any entity that is a school of medicine, a school 
of osteopathic medicine, a graduate program in mental health 
practice, a school of nursing, a program for the training of 
physician assistants, or a program for the training of allied 
health professionals.
  (c) Report to congress.--Not later than 2 years after the 
date of the enactment of the Violence Against Women Training 
for Health Professions Act, the Attorney General shall submit 
to the House of Representatives, and the Senate, a report 
specifying the health professions entities that are receiving 
grants or contracts under this section; the number of hours of 
training required by the entities for purposes of such 
paragraph; the extent of clinical experience so required; and 
the types of courses through which the training is being 
provided, including the extent of involvement of nonprofit 
nongovernmental domestic violence and sexual assault victims 
services programs in the training.
  (d) Definitions.--For purposes of this section--
          (1) the term ``domestic violence'' includes acts or 
        threats of violence, not including acts of self 
        defense, committed by a current or former spouse of the 
        victim, by a person with whom the victim shares a child 
        in common, by a person who is cohabitating with or has 
        cohabitated with the victim, by a person who is or has 
        been in a continuing social relationship of a romantic 
        or intimate nature with the victim, by a person 
        similarly situated to a spouse of the victim under the 
        domestic or family violence laws of the jurisdiction, 
        or by any other person against a victim who is 
        protected from that person's acts under the domestic or 
        family violence laws of the jurisdiction; and
          (2) the term ``sexual assault'' means any conduct 
        proscribed by chapter 109A of title 18, United States 
        Code, whether or not the conduct occurs in the special 
        maritime and territorial jurisdiction ofthe United 
States or in a Federal prison and includes both assaults committed by 
offenders who are strangers to the victim and assaults committed by 
offenders who are known to the victim or related by blood or marriage 
to the victim.

   TITLE XIII--VIOLENCE AGAINST WOMEN INTERVENTION, PREVENTION, AND 
                           EDUCATION RESEARCH

     Subtitle A--Violence Against Women Prevention, Detection and 
                         Investigation Research

SEC. 1301. FINDINGS.

  (a) Findings.--Congress finds the following:
          (1) According to a Panel on Research on Violence 
        Against Women convened by the National Research Council 
        in response to the mandates by the Violence Against 
        Women Act of 1994--
                  (A) significant gaps exist in understanding 
                the extent and causes of violence against women 
                and the impact and the effectiveness of 
                education, prevention, and interventions;
                  (B) funding for research on violence against 
                women is spread across numerous Federal 
                agencies with no mechanism through which to 
                coordinate these efforts or to link with other 
                federally sponsored research initiatives; and
                  (C) research on violence against women would 
                benefit from an infrastructure that supports 
                interdisciplinary efforts and aids in 
                integrating these efforts into practice and 
                policy.
          (2) Despite the increased funding to prevent and 
        respond to violence against women in underserved 
        populations, few studies have examined incidence and 
        prevalence data from the perspective of racial, ethnic, 
        language, age, disability, and other underserved 
        populations. Moreover, little is known about the types 
        of prevention, detection, and investigation strategies 
        that are most effective in underserved populations.
          (3) Most studies currently focus on aspects of 
        domestic violence related to physical abuse. Few 
        studies explore the harm caused by emotional and 
        psychological abuse and the appropriate prevention, 
        detection, and investigation strategies for victims 
        experiencing this form of abuse.
          (4) Violence exposure as a risk factor for disease 
        must be examined for a range of diseases and diagnoses 
        to better understand the correlation between violence 
        and disease including intervening variables.
          (5) Violence against women occurs within the context 
        of a sociocultural environment that should be studied 
        to assist in a greater understanding of those factors 
        that promote and maintain violence against women and to 
        provide a framework for developing and assessing 
        education, prevention, and intervention strategies.

SEC. 1302. TASK FORCE.

  (a) Purposes.--The Attorney General shall establish a task 
force to coordinate research on violence against women. The 
task force shall comprise representation from all Federal 
agencies that fund such research.
  (b) Uses of Funds.--Funds appropriated under this section 
shall be used to--
          (1) develop a coordinated strategy to strengthen 
        research focussed on education, prevention, and 
        intervention strategies on violence against women;
          (2) track and report on all Federal research and 
        expenditures on violence against women;
          (3) identify gaps in research and develop criteria 
        for all Federal agencies for evaluating research 
        proposals, taking into account the context within which 
        women live their lives, including the broad social and 
        cultural context as well as individual factors; and
          (4) set priorities for research efforts that explore 
        factors such as race, social, and economic class, 
        geographic location, age, language, sexual orientation, 
        disability, and other factors that result in violent 
        crimes against women.
  (c) Authorization of Appropriation.--There shall be 
appropriated $500,000 for each of fiscal years 1999, 2000, and 
2001 to fulfill the purposes of this section.

SEC. 1303. PREVENTION, DETECTION, AND INVESITIGATION RESEARCH GRANTS.

  (a) Purposes.--The Department of Justice shall make grants to 
entities, including domestic violence and sexual assault 
organizations, research organizations, and academic 
institutions, to support research to further the understanding 
of the causes of violent behavior against women and to evaluate 
prevention, detection, and investigation programs.
  (b) Use of Funds.--The research conducted under this section 
shall include, but not be limited to the following areas and 
others that may be identified by the Task Force established 
under section 1302 of this title--
          (1) longitudinal research to study the developmental 
        trajectory of violent behavior against women and the 
        way such violence differs from other violent behaviors;
          (2) examination of risk factors for sexual and 
        intimate partner violence for victims and perpetrators, 
        such as poverty, childhood victimization and other 
        traumas;
          (3) examination of short- and long-term efforts of 
        programs designed to prevent sexual and intimate 
        partner violence;
          (4) outcome evaluations of interventions targeted at 
        children and teenagers;
          (5) examination of and documentation of the processes 
        and informal strategies women experience in attempting 
        to manage and end the violence in their lives; and
          (6) development and testing of effective methods of 
        screening and providing services at all points of entry 
        to the health care system, including mental health, 
        emergency medicine, and primary care.
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated $6,000,000 for each of the fiscal years 1999, 
2000, and 2001 to carry out this section.

SEC. 1304. ADDRESSING GAPS IN RESEARCH.

  (a) Purposes.--The Department of Justice shall make grants to 
domestic violence and sexual assault organizations, research 
organizations and academic institutions for the purpose of 
expanding knowledge about violence against women, with a 
particular emphasis on exploring such issues as they affect 
underserved communities.
  (b) Uses of Funds.--Funds appropriated under this section 
shall be used to examine, but not be limited to, the following 
areas--
          (1) development of national- and community-level 
        survey studies to measure the incidence and prevalence 
        of violence against women in underserved populations 
        and the definitions women use to describe their 
        experience of violence;
          (2) qualitative and quantitative research to 
        understand how factors such as race, ethnicity, 
        socioeconomic status, age, language, disability, and 
        sexual orientation that result in violent crimes 
        against women;
          (3) study of the availability and accessibility of 
        State and local legal remedies to victims of intimate 
        partner violence within the context of a same sex 
        intimate relationship;
          (4) the use of nonjudicial alternative dispute 
        resolution (such as mediation, negotiation, 
        conciliation, and restorative justice models) in cases 
        where domestic violence is a factor, comparing 
        nonjudicial alternative dispute resolution and 
        traditional judicial methods based upon the quality of 
        representation of the victim, training of mediators or 
        other facilitators, satisfaction of the parties, and 
        outcome of the proceedings, as well as other factors 
        that may be identified; and
          (5) other such research as may be determined by the 
        Task Force established under section 1302 in 
        consultation with domestic violence and sexual assault 
        advocates, coalitions, national experts, and 
        researchers.
  (c) Authorization of Appropriations.--There is authorized to 
be appropriated $4,500,000 for each of fiscal years 1999, 2000, 
and 2001 to carry out this section.

SEC. 1305. STUDY.

  The United States Sentencing Commission shall study the 
following and report to the Congress--
          (1) sentences given to persons incarcerated in 
        Federal and State prison for assault or homicide crimes 
        in which the relationship to the victim was a spouse, 
        former spouse, or intimate partner;
          (2) the effect of illicit drugs and alcohol on 
        domestic violence and the sentences imposed for 
        offenses involving such illicit drugs and alcohol where 
        domestic violence occurred;
          (3) the extent to which acts of domestic violence 
        committed against the defendant, including coercion, 
        may play a role in the commission of an offense;
          (4) analysis delineated by race, gender, type of 
        offense, and any other categories that would be useful 
        for understanding the problem; and
          (5) recommendations with respect to the offenses 
        described in this section particularly any basis for a 
        downward adjustment in any applicable guidelines 
        determination.

SEC. 1306. STATUS REPORT ON LAWS REGARDING RAPE AND SEXUAL ASSAULT 
                    OFFENSES.

  (a) Study.--The Attorney General, in consultation with 
national, State, and local domestic violence and sexual assault 
coalitions and programs, including, nationally recognized 
experts on sexual assault, such as from the judiciary, the 
legal profession, psychological associations, and sex offender 
treatment providers, shall conduct a national study to examine 
the status of the law with respect to rape and sexual assault 
offenses and the effectiveness of the implementation of laws in 
addressing such crimes and protecting their 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 under subsection 
(a), the Attorney General shall prepare a report, including an 
analysis of the uniformity of the rape and sexual assault laws 
including sex offenses committed against children and sex 
offenses involving penetration of any kind among the States and 
their effectiveness in prosecuting crimes of rape and sexual 
assault offenses as follows:
          (1) Definitions of rape and sexual assault, including 
        any marital rape exception and any other exception or 
        downgrading of offense.
          (2) Element of consent and coercive conduct, 
        including deceit.
          (3) Element of physical resistance and affirmative 
        nonconsent as a precondition for conviction.
          (4) Element of force, including penetration 
        requirement as aggravating factor and use of coercion.
          (5) Evidentiary matters--
                  (A) inferences--timeliness of complaint under 
                the Model Penal Code;
                  (B) post traumatic stress disorder (including 
                rape trauma syndrome) relevancy of scope and 
                admissibility;
                  (C) rape shield laws--in camera evidentiary 
                determinations;
                  (D) prior bad acts; and
                  (E) corroboration requirement and cautionary 
                jury instructions.
          (6) Existence of special rules for rape and sexual 
        assault offenses.
          (7) Use of experts.
          (8) Sentencing--
                  (A) plea bargains;
                  (B) presentence reports;
                  (C) recidivism and remorse;
                  (D) adolescents;
                  (E) psychological injuries;
                  (F) gravity of crime and trauma to victim; 
                and
                  (G) race.
          (9) Any personal or professional relationship between 
        the perpetrator and the victim.
          (10) Any recommendations of the Attorney General for 
        reforms to foster uniformity among the States in 
        addressing rape and sexual assault offenses in order to 
        protect victims more effectively while safeguarding due 
        process.
  (c) Definition.--For purposes of this section, the term 
``rape and sexual assault offenses'' includes carnal knowledge 
of a child, abduction with intent to defile, indecent 
liberties, beastiality, forcible sodomy, sexual penetration 
with an animate or inanimate object, forced sexual intercourse 
(labia majora penetration or anus penetration), cunnilingus, 
fellatio, anallingus, anal intercourse, sexual battery, 
aggravated sexual battery, and sexual abuse, accomplished by 
use of force, threats, or intimidation.
  (d) Report.--The Attorney General shall ensure that no later 
than 1 year after the date of enactment of this Act, the study 
required under subsection (a) is completed and a report 
describing the findings made is submitted to Congress.
  (e) Authorization of Appropriation.--It is authorized that 
$200,000 be appropriated to carry out the study required by 
this section.

SEC. 1307. RESEARCH CENTERS.

  The Attorney General shall establish 3 research centers to 
support the development of research and training program to 
focus on violence against women, to provide mechanisms for 
collaboration between researchers and practitioners, and to 
provide technical assistance for integrating research into 
service provision. Each Center shall be organized around a 
research area such as epidemiology and measurement of violence 
against women, causes and risk factors, and prevention and 
intervention evaluation research. At least one of the centers 
shall be established at an entity other than an academic 
institution. There are authorized to be appropriated $3,000,000 
for each of the fiscal years 1999, 2000, and 2001 to carry out 
this section.

                                
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