Text: H.R.1502 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 1502 SC
102d CONGRESS
1st Session
 H. R. 1502
To combat violence and crimes against women on the streets and in homes.
IN THE HOUSE OF REPRESENTATIVES
March 20, 1991
Mrs. BOXER (for herself, Mrs. MORELLA, Mrs. COLLINS of Illinois, Mrs. KENNELLY,
Mrs. MINK, Ms. NORTON, Ms. PELOSI, Mrs. SCHROEDER, Ms. SNOWE, Mr. BRYANT,
Mr. CARPER, Mr. DYMALLY, Mr. FASCELL, Mr. FUSTER, Mr. KOPETSKI, Mr. LIPINSKI,
Mr. OBERSTAR, Mr. OLIN, Mr. RAHALL, Mr. STAGGERS, Mr. WOLPE, Mr. WYDEN,
and Mr. YATES) introduced the following bill; which was referred jointly to
the Committees on the Judiciary, Public Works and Transportation, Interior
and Insular Affairs, Energy and Commerce, and Education and Labor
July 31, 1991
Additional sponsors: Mr. NAGLE, Mr. BOUCHER, Mr. HOCHBRUECKNER, Mr. RAVENEL,
Mr. STARK, Mr. BERMAN, Mr. SMITH of Florida, Mr. MCDERMOTT, Mr. UDALL,
Ms. WATERS, Mr. LAFALCE, Mr. COSTELLO, Mr. PANETTA, Mr. LEHMAN of Florida,
Mr. WASHINGTON, Mr. OWENS of Utah, Mr. LEVINE of California, Mr. OWENS
of New York, Mr. FROST, Mr. FRANK of Massachusetts, Mr. LEWIS of Georgia,
Mr. FLAKE, Mr. JEFFERSON, Mr. STUDDS, Mr. NEAL of Massachusetts, Mr. DELLUMS,
Ms. SLAUGHTER of New York, Mr. JOHNSON of South Dakota, Mr. SERRANO,
Mr. BILBRAY, Mr. MARKEY, Mr. ANDREWS of Maine, Mr. TORRICELLI, Mrs. MEYERS of
Kansas, Mr. DE LUGO, Mr. RICHARDSON, Mr. SLATTERY, Mr. AUCOIN, Mr. HERTEL,
Mr. DEFAZIO, Mr. LEVIN of Michigan, Mr. FORD of Tennessee, Mr. SIKORSKI,
Mr. HAMILTON, Mr. WISE, Mrs. LOWEY of New York, Mr. SANDERS, Mr. DWYER of
New Jersey, Mr. POSHARD, Mr. ENGEL, Mrs. UNSOELD, Mr. DURBIN, Mr. HOAGLAND,
Mr. FOGLIETTA, Mr. ATKINS, Mr. REED, Mr. MRAZEK, Mr. ECKART, Mr. MORAN,
Mr. GALLO, Mr. GEJDENSON, Mr. GAYDOS, Mr. ABERCROMBIE, Mr. MOODY, Mr. RANGEL,
Mr. BROWN, Mr. DIXON, Mr. WHEAT, Mr. WILSON, Mr. PAYNE of New Jersey,
Mr. ACKERMAN, Mr. RAMSTAD, Mr. SWETT, Ms. DELAURO, Mr. MARTINEZ, Mr. GONZALEZ,
Mr. ERDREICH, Mr. BUSTAMANTE, Mr. KILDEE, Mr. BONIOR, Mr. CONYERS, Mr. ESPY,
Mr. MFUME, Mr. SHAYS, Mr. STOKES, Mr. HAYES of Illinois, Ms. OAKAR, Mr. WEISS,
Mrs. PATTERSON, Mr. ANDERSON, Mr. MATSUI, Mr. PALLONE, Mr. BILIRAKIS, and
Mr. Coyne
A BILL
To combat violence and crimes against women on the streets and in homes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Violence Against Women Act of 1991'.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--SAFE STREETS FOR WOMEN
Sec. 101. Short title.
Subtitle A--Mandatory Restitution, Treatment, and Rehabilitation for Sex
Offenses
Sec. 111. Mandatory restitution for sex offenses.
Sec. 112. Mandatory treatment and rehabilitation for sex offenses.
Subtitle B--Law Enforcement and Prosecution Grants to Reduce Violent Crimes
Against Women
Sec. 121. Grants to combat violent crimes against women.
Sec. 122. Rape exam payments.
Subtitle C--Safety for Women in Public Transit and Public Parks
Sec. 131. Grants for capital improvements to prevent crime in public
transportation.
Sec. 132. Grants for capital improvements to prevent crime in national parks.
Sec. 133. Grants for capital improvements to prevent crime in public parks.
Subtitle D--National Commission on Violent Crime Against Women
Sec. 141. Establishment.
Sec. 142. Duties of commission.
Sec. 143. Membership.
Sec. 144. Reports.
Sec. 145. Executive Director and staff.
Sec. 146. Powers of commission.
Sec. 147. Authorization of appropriations.
Sec. 148. Termination.
Subtitle E--New Evidentiary Rules
Sec. 151. Sexual history in all criminal cases.
Sec. 152. Sexual history in civil cases.
Sec. 153. Amendments to rape shield law.
Sec. 154. Evidence of clothing.
Subtitle F--Assistance to Victims of Sexual Assault
Sec. 161. Education and prevention grants to reduce sexual assaults against
women.
Sec. 162. Funding for rape prevention demonstration projects.
TITLE II--SAFE HOMES FOR WOMEN
Sec. 201. Short title.
Subtitle A--Interstate Enforcement
Sec. 211. Interstate enforcement.
Subtitle B--Arrest in Spousal Abuse Cases
Sec. 221. Encouraging arrest policies.
Subtitle C--Funding for Shelters
Sec. 231. Authorization.
Subtitle D--Family Violence Prevention and Services Act Amendments
Sec. 241. Expansion of purpose.
Sec. 242. Expansion of State grant program.
Sec. 243. State domestic violence coalitions.
Sec. 244. Indian tribes.
Sec. 245. Funding limitations.
Sec. 246. Grants to entities other than States; local share.
Sec. 247. Shelter and related assistance.
Sec. 248. Allotment of funds.
Sec. 249. Report on recordkeeping.
Sec. 250. Model State leadership incentive grants for domestic violence
intervention.
Sec. 251. Funding for technical assistance centers.
Subtitle E--Confidentiality for Abused Persons
Sec. 261. Confidentiality for abused persons.
TITLE III--CIVIL RIGHTS
Sec. 301. Civil rights.
Sec. 302. Conforming amendments.
TITLE IV--SAFE CAMPUSES FOR WOMEN
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Grants for campus rape education.
Sec. 404. Required campus reporting of sexual assault.
TITLE V--EQUAL JUSTICE FOR WOMEN IN THE COURTS
Sec. 501. Short title.
Subtitle A--Education and Training for Judges and Court Personnel in State
Courts
Sec. 511. Grants authorized.
Sec. 512. Training provided by grants.
Sec. 513. Cooperation in developing programs in making grants under this title.
Sec. 514. Authorization of appropriations.
Subtitle B--Education and Training for Judges and Court Personnel in Federal
Courts
Sec. 521. Education and training grants.
Sec. 522. Cooperation in developing programs.
Sec. 523. Authorization of appropriations.
TITLE I--SAFE STREETS FOR WOMEN
SEC. 101. SHORT TITLE.
  This title may be cited as the `Safe Streets for Women Act of 1991'.
Subtitle A--Mandatory Restitution, Treatment, and Rehabilitation for Sex
Offenses
SEC. 111. MANDATORY RESTITUTION FOR SEX OFFENSES.
  (a) IN GENERAL- Chapter 109A of title 18, United States Code, is amended
  by adding at the end the following new section:
`Sec. 2248. Mandatory restitution for sex offenses
  `(a) IN GENERAL- Notwithstanding the terms of section 3663, and in addition
  to any other civil or criminal penalty authorized by law, the court shall
  order restitution for any offense under this chapter.
  `(b) SCOPE AND NATURE OF ORDER-
  `(1) IN GENERAL- The order of restitution under this section shall direct
  that--
  `(A) the defendant pay to the victim the full amount of the victim's losses
  as determined by the court, pursuant to paragraph (3); and
  `(B) the United States Attorney enforce the restitution order by all
  available and reasonable means.
  `(2) DEFINITIONS- As used in this subsection, the term `full amount of
  the victim's losses' includes any costs incurred by the victim for--
  `(A) medical services relating to physical, psychiatric, or psychological
  care;
  `(B) physical and occupational therapy or rehabilitation;
  `(C) lost income;
  `(D) attorneys' fees; and
  `(E) any other losses suffered by the victim as a proximate result of
  the offense.
  `(3) MANDATORY NATURE OF ORDER- Restitution orders under this section are
  mandatory. A court may not decline to issue an order under this section
  because of--
  `(A) the economic circumstances of the defendant; or
  `(B) the fact that a victim has, or is entitled to, receive compensation
  for his or her injuries from the proceeds of insurance or any other source.
  `(4) CONSIDERATION OF ECONOMIC CIRCUMSTANCES-
  `(A) IN GENERAL- Notwithstanding the terms of paragraph (3), the court
  may take into account the economic circumstances of the defendant in
  determining the manner in which and the schedule according to which the
  restitution is to be paid.
  `(B) DEFINITION- For purposes of this paragraph, the term `economic
  circumstances' includes--
  `(i) the financial resources and other assets of the defendant;
  `(ii) projected earnings, earning capacity, and other income of the
  defendant; and
  `(iii) any financial obligations of the defendant, including obligations
  to dependents.
  `(C) LUMP-SUM OR PARTIAL PAYMENT- An order under this section may direct
  the defendant to make a single lump-sum payment or partial payments at
  specified intervals. The order shall also provide that the defendant's
  restitutionary obligation takes priority over any criminal fine ordered.
  `(D) PAYMENT TO OTHER PROVIDER OF COMPENSATION- In the event that the victim
  has recovered for any amount of loss through the proceeds of insurance or
  any other source, the order of restitution shall provide that restitution
  be paid to the person who provided the compensation, but that restitution
  shall be paid to the victim before any restitution is paid to any other
  provider of compensation.
  `(5) SETOFF- Any amount paid to a victim under this section shall be set
  off against any amount later recovered as compensatory damages by the
  victim from the defendant in--
  `(A) any Federal civil proceeding; and
  `(B) any State civil proceeding, to the extent provided by the law of
  the State.
  `(c) PROOF OF CLAIM-
  `(1) IN GENERAL- Within 60 days after conviction and, in any event, no
  later than 10 days prior to sentencing, the United States Attorney (or
  his delegee), after consulting with the victim, shall prepare and file an
  affidavit with the court listing the amounts subject to restitution under
  this section. The affidavit shall be signed by the United States Attorney
  (or his delegee) and the victim. Should the victim object to any of the
  information included in the affidavit, the United States Attorney (or
  his delegee) shall advise the victim that the victim may file a separate
  affidavit.
  `(2) OBJECTIONS- If no objection is raised by the defendant, the amounts
  attested to in the affidavit filed pursuant to subsection (1) shall be
  entered in the court's restitution order. If objection is raised, the
  court may require the victim or the United States Attorney (or his delegee)
  to submit further affidavits or other supporting documents, demonstrating
  the victim's losses.
  `(3) ADDITIONAL DOCUMENTATION AND TESTIMONY- If the court concludes, after
  reviewing the supporting documentation and considering the defendant's
  objections, that there is a substantial reason for doubting the authenticity
  or veracity of the records submitted, the court may require additional
  documentation or hear testimony on those questions. Any records filed,
  or testimony heard, pursuant to this section, shall be in camera in
  the judge's chambers. Notwithstanding any other provision of law, this
  section does not entitle the defendant to discovery of the contents of,
  or matters related to, any supporting documentation, including medical,
  psychological, or psychiatric records.
  `(4) FINAL DETERMINATION OF LOSSES- In the event that the victim's losses
  are not ascertainable 10 days prior to sentencing as provided in subsection
  (c)(1), the United States Attorney (or his delegee) shall so inform the
  court, and the court shall set a date for the final determination of the
  victim's losses, not to exceed 90 days after sentencing. If the victim
  subsequently discovers further losses, the victim shall have 60 days after
  discovery of those losses in which to petition the court for an amended
  restitution order. Such order may be granted only upon a showing of good
  cause for the failure to include such losses in the initial claim for
  restitutionary relief.
  `(d) DEFINITION- For purposes of this section, the term `victim' includes
  any person who has suffered direct physical, emotional, or pecuniary harm as
  a result of a commission of a crime under this chapter, including, in the
  case of a victim who is under 18 years of age, incompetent, incapacitated,
  or deceased, the legal guardian of the victim or representative of the
  victim's estate, another family member, or any other person appointed
  as suitable by the court, except that in no event shall the defendant be
  named as such representative or guardian.'.
  (b) TABLE OF SECTIONS- The table of sections for chapter 109A of title 18,
  United States Code, is amended by adding at the end the following:
`2248. Mandatory restitution for sex offenses.'.
SEC. 112. MANDATORY TREATMENT AND REHABILITATION FOR SEX OFFENSES.
  (a) IN GENERAL- Chapter 301 of title 18, United States Code, is amended
  by adding at the end the following new section:
`Sec. 4014. Mandatory treatment and rehabilitation for sex offenses
  `(a) IN GENERAL- Participation in a psychotherapeutic treatment program
  conducted by a licensed psychotherapist shall be required for--
  `(1) each person serving a sentence of imprisonment in a Federal penal
  or correctional institution for a commission of an offense under chapter
  109A or for a commission before the effective date of such chapter of an
  offense under this title which is similar to an offense under such chapter;
  `(2) each person serving a sentence of imprisonment in a Federal penal or
  correctional institution for a commission under the law of a State of an
  offense which is similar to an offense under chapter 109A; and
  `(3) each person serving a sentence of imprisonment in an institution
  other than a Federal penal or correctional institution for a commission
  of an offense under chapter 109A or for a commission before the effective
  date of such chapter of an offense under this title which is similar to
  an offense under such chapter.
  `(b) PURPOSE-
  `(1) IN GENERAL- The treatment program shall be designed to rehabilitate
  the affected person and to deter the affected person from committing
  a sexual offense after the affected person has been released from the
  applicable institution.
  `(2) TREATMENT FOR SUBSTANCE-ABUSE RELATED CONDITIONS- Treatment for a
  substance-abuse related condition shall be made available to the affected
  person in addition to, but not as a substitute for, counseling under the
  treatment program.
  `(c) PERIOD OF TREATMENT-
  `(1) COMMENCEMENT OF TREATMENT- The treatment program shall begin by the
  later of--
  `(A) 30 days after the date on which the affected person is admitted to
  the applicable institution; or
  `(B) 30 days after the date on which the advisory committee established in
  subsection (f) has submitted the recommendations described in subsection
  (f)(2).
  `(2) FORENSIC PSYCHOLOGICAL ASSESSMENT- A complete forensic psychological
  assessment of the affected person shall be conducted prior to the
  commencement of the treatment program.
  `(3) TERMINATION OF TREATMENT- The treatment program shall terminate on
  the earlier of--
  `(A) the date on which the affected person is released from the applicable
  institution; or
  `(B) the date on which the affected person is determined to have obtained
  results from the treatment program that are sufficient to justify termination
  of the affected person's participation in the treatment program.
  `(d) SUPPLEMENTARY CHEMICAL TREATMENT-
  `(1) IN GENERAL- Chemical treatment of the affected person, including
  chemotherapy with psychopharmacological or other drug agents, may supplement,
  but not substitute for, the treatment program.
  `(2) REFUSAL OF CHEMICAL TREATMENT- The affected person may refuse to
  participate, or to continue to participate, in supplementary chemical
  treatment.
  `(e) RESPONSIBILITY OF ATTORNEY GENERAL- The Attorney General--
  `(1) may contract with any State, political subdivision of a State, public
  or private agency, or other person to provide the treatment program;
  `(2) shall refer each affected person who is released from confinement to a
  community based psychotherapeutic treatment program and shall forward the
  affected person's treatment record to such program prior to the affected
  person's release;
  `(3) after receipt of the recommendations described in subsection (f)(2)(E),
  shall document the level of subsequent criminal sexual abuse by affected
  persons; and
  `(4) after receipt of the recommendations described in subsection (f)(2)(A),
  shall transmit to the applicable institutions for the use of the licensed
  psychotherapists administering the treatment program information on the
  minimum standards required for the psychometric instruments, interview
  procedures, and other evaluation methods to be used during the forensic
  psychological assessment of the affected persons, and the conditions under
  which a psychiatric medical examination of an affected person is required
  to be conducted in addition to the forensic psychological assessment.
  `(f) ADVISORY COMMITTEE-
  `(1) ESTABLISHMENT- The Attorney General shall establish an advisory
  committee on therapeutic treatment for sex offenders.
  `(2) DUTIES- The advisory committee shall--
  `(A) submit recommendations to the Attorney General specifying the minimum
  standards required for the psychometric instruments, interview procedures,
  and other evaluation methods to be used during the forensic psychological
  assessment of the affected persons, and the conditions under which a
  psychiatric medical examination of an affected person is required to be
  conducted in addition to the forensic psychological assessment;
  `(B) after review of relevant literature, submit recommendations to the
  Attorney General specifying the type and structure of therapeutic treatment
  for sex offenders based on diagnostic categories such as the diagnostic
  categories established in the Diagnostic and Statistical Manual of the
  American Psychiatric Association;
  `(C) submit recommendations to the Attorney General specifying the
  criteria for determining whether an affected person participating in the
  treatment program has obtained results from the treatment program that are
  sufficient to justify termination of the affected person's participation
  in the treatment program;
  `(D) submit recommendations to the Attorney General specifying the criteria
  for requiring continued participation in the treatment program by each
  affected person as a condition of supervised release from the applicable
  institution;
  `(E) submit recommendations to the Attorney General specifying a systematic
  method for documenting the level of subsequent criminal sexual abuse by
  affected persons; and
  `(F) submit recommendations to the Attorney General specifying the
  conditions under which, after the termination of the advisory committee,
  the reestablishment of the advisory committee to provide further technical
  advice may be necessary.
  `(3) COMPOSITION- The advisory committee shall be composed of not fewer
  than 6 experts in the practice and evaluation of the psychotherapeutic
  treatment of sex offenders and shall include not less than 1 Native American.
  `(4) COMPENSATION AND EXPENSES- The members of the advisory committee may not
  receive compensation for service on the advisory committee. Such members,
  while engaged in the performance of their duties away from their homes or
  regular places of business, may be allowed travel expenses, including per
  diem in lieu of subsistence, as authorized by section 5703 of title 5.
  `(5) ADMINISTRATIVE STAFF AND SUPPORT- The Attorney General shall provide
  any administrative support and shall detail on a nonreimbursable basis
  any personnel of the Department of Justice as the advisory committee may
  require to carry out its functions under this section.
  `(6) REPORTS- Not later than the expiration of the 6-month period beginning
  on the date of the enactment of the Safe Streets for Women Act of 1991, the
  advisory committee shall submit to the Congress, the Attorney General, and
  the Director of the Federal Bureau of Prisons a report detailing the findings
  and recommendations made by the advisory committee under this section.
  `(7) DURATION- The advisory committee shall terminate not later than the
  expiration of the 6-month period beginning on the date of the enactment
  of the Safe Streets for Women Act of 1991.
  `(g) DEFINITIONS- For purposes of this section--
  `(1) the term `advisory committee' means the advisory committee on
  therapeutic treatment for sex offenders established by this section;
  `(2) the term `affected person' means any person required to participate
  in the treatment program established by this section;
  `(3) the term `applicable institution' means the correctional or penal
  institution in which the affected person is confined;
  `(4) the term `licensed psychotherapist' means a psychotherapist licensed
  or certified under the law of the State in which the applicable institution
  is located or certified by the Association for Treatment of Sexual Abusers;
  `(5) the term `relevant literature' means information documenting the
  effectiveness of various types and structures of psychotherapeutic treatment
  that is accepted for presentation at a scientific or professional meeting
  or for publication in a scientific or professional journal after review
  by other licensed psychotherapists; and
  `(5) the term `treatment program' means the psychotherapeutic treatment
  program established by this section.
  `(h) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
  to carry out the provisions of this section $2 million for each of the
  fiscal years 1992, 1993, 1994, 1995, and 1996. Of the amounts appropriated
  under the preceding sentence for fiscal year 1992, 5 percent shall be used
  to carry out the provisions of subsection (f).'.
  (b) TABLE OF SECTIONS- The table of sections for chapter 301 of title 18,
  United States Code, is amended by adding at the end the following new item:
`4014. Mandatory treatment and rehabilitation for sex offenses.'.
Subtitle B--Law Enforcement and Prosecution Grants to Reduce Violent Crimes
Against Women
SEC. 121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.
  (a) IN GENERAL- Title I of the Omnibus Crime Control and Safe Streets Act
  of 1968 (42 U.S.C. 3711 et seq.) is amended by--
  (1) redesignating part N as part O;
  (2) redesignating section 1401 as section 1501; and
  (3) adding after part M the following new part:
`Part N--Grants To Combat Violent Crimes Against Women
`SEC. 1401. PURPOSE OF THE PROGRAM AND GRANTS.
  `(a) GENERAL PROGRAM PURPOSE- The purpose of this part is to assist States,
  Indian tribes, cities, and other localities to develop effective law
  enforcement and prosecution strategies to combat violent crimes against
  women and, in particular, to focus efforts on those areas with the highest
  rates of violent crime against women.
  `(b) PURPOSES FOR WHICH GRANTS MAY BE USED- Grants under this part shall
  provide additional personnel, training, technical assistance, data collection
  and other equipment for the more widespread apprehension, prosecution,
  and adjudication of persons committing violent crimes against women and
  specifically, for the purposes of--
  `(1) training law enforcement officers and prosecutors to more effectively
  identify and respond to violent crimes against women, including the crimes
  of sexual assault and domestic violence;
  `(2) developing, training, or expanding units of law enforcement officers
  and prosecutors specifically targeting violent crimes against women,
  including the crimes of sexual assault and domestic violence;
  `(3) developing and implementing police and prosecution policies, protocols,
  or orders specifically devoted to identifying and responding to violent
  crimes against women, including the crimes of sexual assault and domestic
  violence;
  `(4) developing, installing, or expanding data collection systems,
  including computerized systems, linking police, prosecutors, and courts
  or for the purpose of identifying and tracking arrests, prosecutions,
  and convictions for the crimes of sexual assault and domestic violence; and
  `(5) developing, enlarging, or strengthening victim services programs,
  including sexual assault and domestic violence programs, to increase
  reporting and reduce attrition rates for cases involving violent crimes
  against women, including the crimes of sexual assault and domestic violence.
`Subpart 1--High Intensity Crime Area Grants
`SEC. 1411. HIGH INTENSITY GRANTS.
  `(a) IN GENERAL- The Director of the Bureau of Justice Assistance (hereafter
  in this part referred to as the `Director') shall make grants to each high
  intensity crime area.
  `(b) DEFINITION- For purposes of this part, the term `high intensity crime
  area' means an area with one of the 40 highest rates of violent crime
  against women, as determined by the Bureau of Justice Statistics pursuant
  to section 1412.
`SEC. 1412. HIGH INTENSITY GRANT APPLICATION.
  `(a) COMPUTATION- Within 45 days after the date of enactment of this part,
  the Bureau of Justice Statistics shall compile a list of the 40 areas with
  the highest rates of violent crime against women based on the combined
  female victimization rate per population for assault, sexual assault
  (including, but not limited to, rape), murder, robbery, and kidnapping.
  `(b) USE OF DATA- In calculating the combined female victimization rate
  required by subsection (a), the Bureau of Justice Statistics may rely on--
  `(1) existing data collected by States, municipalities, Indian reservations
  or statistical metropolitan areas showing the number of police reports of
  the crimes listed in subsection (a); and
  `(2) existing data collected by the Federal Bureau of Investigation,
  including data from those governmental entities already complying with
  the National Incident Based Reporting System, showing the number of police
  reports of crimes listed in subsection (a).
  `(c) PUBLICATION- After compiling the list set forth in subsection (a),
  the Bureau of Justice Statistics shall convey it to the Director who shall
  publish it in the Federal Register.
  `(d) QUALIFICATION- Upon satisfying the terms of subsection (e), any high
  intensity crime area shall be qualified for a grant under this subpart upon
  application by the chief executive officer of the governmental entities
  responsible for law enforcement and prosecution of criminal offenses within
  the area and certification that--
  `(1) the funds shall be used to reduce the rate of violent crimes against
  women and for the purposes outlined in section 1401(b);
  `(2) grantees and subgrantees shall develop a plan for implementation,
  and otherwise consult and coordinate program grants, with nongovernmental
  nonprofit victim services programs; and
  `(3) at least 25 percent of the amount granted shall be allocated to each of
  the following three areas: prosecution, law enforcement, and victim services.
  `(e) APPLICATION REQUIREMENTS- The application requirements provided in
  section 513 of this title shall apply to grants made under this subpart. In
  addition, each application must provide the certifications required by
  subsection (d) including documentation from nonprofit nongovernmental
  victim services programs showing their participation in developing the
  plan required by subsection (d)(2). Applications shall include--
  `(1) documentation from the prosecution, law enforcement, and victim
  services programs to be assisted showing--
  `(A) need for the grant funds;
  `(B) intended use of the grant funds; and
  `(C) expected results from the use of grant funds; and
  `(2) proof of compliance with the requirements for the payment of forensic
  medical exams provided in section 122 of this title.
  `(f) DISBURSEMENT-
  `(1) IN GENERAL- No later than 60 days after the receipt of an application
  under this subpart, the Director shall either disburse the appropriate
  sums provided for under this subpart or shall inform the applicant why the
  application does not conform to the terms of section 513 of this title or
  to the requirements of this section.
  `(2) RESPONSIBILITY OF DIRECTOR- In disbursing monies under this subpart,
  the Director shall ensure, to the extent practicable, that grantees--
  `(A) equitably distribute funds on a geographic basis;
  `(B) determine the amount of subgrants based on the population to be
  served; and
  `(C) give priority to areas with the greatest showing of need.
  `(g) GRANTEE REPORTING- Upon completion of the grant period under this
  subpart, the grantee shall file a performance report with the Director
  explaining the activities carried out together with an assessment of
  the effectiveness of those activities in achieving the purposes of this
  part. The Director shall suspend funding for an approved application if
  an applicant fails to submit an annual performance report.
`Subpart 2--Other Grants to States to Combat Violent Crimes Against Women
`SEC. 1421. GENERAL GRANTS TO STATES.
  `(a) GENERAL GRANTS- The Director is authorized to make grants to States,
  for use by States, units of local government in the States, and nonprofit
  nongovernmental victim services programs in the States, for the purposes
  outlined in section 1401(b), and to reduce the rate of violent crimes
  against women.
  `(b) AMOUNTS- From amounts appropriated, the amount of grants under
  subsection (a) shall be--
  `(1) $500,000 to each State; and
  `(2) that portion of the then remaining available money to each State that
  results from a distribution among the States on the basis of each State's
  population in relation to the population of all States.
  `(c) QUALIFICATION- Upon satisfying the terms of subsection (d), any State
  shall be qualified for funds provided under this part upon certification
  that--
  `(1) the funds shall be used to reduce the rate of violent crimes against
  women and for the purposes outlined in section 1401(b);
  `(2) grantees and subgrantees shall develop a plan for implementation, and
  otherwise consult and coordinate, with nonprofit nongovernmental victim
  services programs, including sexual assault and domestic violence victim
  services programs; and
  `(3) at least 25 percent of the amount granted shall be allocated to each
  of the following 3 areas: prosecution, law enforcement, and victim services.
  `(d) APPLICATION REQUIREMENTS- The application requirements provided in
  section 513 of this title shall apply to grants made under this subpart. In
  addition, each application shall include the certifications of qualification
  required by subsection (c) including documentation from nonprofit
  nongovernmental victim services programs showing their participation in
  developing the plan required by subsection (c)(2). Applications shall
  include--
  `(1) documentation from the prosecution, law enforcement, and victim
  services programs to be assisted showing--
  `(A) need for the grant funds;
  `(B) intended use of the grant funds; and
  `(C) expected results from the use of grant funds; and
  `(2) proof of compliance with the requirements for the payment of forensic
  medical exams provided in section 122 of this title.
  `(e) DISBURSEMENT-
  `(1) IN GENERAL- No later than 60 days after the receipt of an application
  under this subpart, the Director shall either disburse the appropriate
  sums provided for under this subpart or shall inform the applicant why the
  application does not conform to the terms of section 513 of this title or
  to the requirements of this section.
  `(2) RESPONSIBILITY OF DIRECTOR- In disbursing monies under this subpart,
  the Director shall issue regulations to ensure that States will--
  `(A) equitably distribute monies on a geographic basis, including nonurban
  and rural areas of any geographic size, and giving priority to areas of
  any geographic size with populations of not more than 100,000 individuals;
  `(B) determine the amount of subgrants based on the population and geographic
  area to be served; and
  `(C) give priority to areas of any 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.
  `(f) GRANTEE REPORTING- Upon completion of the grant period under this
  subpart, the State grantee shall file a performance report with the
  Director explaining the activities carried out together with an assessment
  of the effectiveness of those activities in achieving the purposes of this
  subpart. The Director shall suspend funding for an approved application
  if an applicant fails to submit an annual performance report.
`SEC. 1422. GENERAL GRANTS TO TRIBES.
  `(a) GENERAL GRANTS- The Director is authorized to make grants to Indian
  tribes, for use by tribes, tribal organizations or nonprofit nongovernmental
  victim services programs on Indian reservations, for the purposes outlined
  in section 1401(b), and to reduce the rate of violent crimes against women
  in Indian country.
  `(b) AMOUNTS- From amounts appropriated, the amount of grants under
  subsection (a) shall be awarded on a competitive basis to tribes, with
  minimum grants of $35,000 and maximum grants of $300,000.
  `(c) QUALIFICATION- Upon satisfying the terms of subsection (d), any tribe
  shall be qualified for funds provided under this part upon certification
  that--
  `(1) the funds shall be used to reduce the rate of violent crimes against
  women and for the purposes outlined in section 1401(b); and
  `(2) at least 25 percent of the grant funds shall be allocated to each of
  the following three areas: prosecution, law enforcement, and victim services.
  `(d) APPLICATION REQUIREMENTS-
  `(1) IN GENERAL- Applications shall be made directly to the Director and
  shall contain a description of the tribes' law enforcement responsibilities
  for the Indian country described in the application and a description of
  the tribes' system of courts, including whether the tribal government
  operates courts of Indian offenses as defined in 25 U.S.C. 1301 or CFR
  courts under 25 CFR 11 et seq.
  `(2) CONTENT- Applications shall be in such form as the Director may
  prescribe and shall specify the nature of the program proposed by the
  applicant tribe, the data and information on which the program is based,
  and the extent to which the program plans to use or incorporate existing
  services available in the Indian country where the grant will be used.
  `(3) TERM OF GRANT- The term of any grant shall be for a minimum of 3 years.
  `(e) GRANTEE REPORTING- At the end of the first 12 months of the grant period
  and at the end of each year thereafter, the Indian tribe grantee shall file
  a performance report with the Director explaining the activities carried
  out together with an assessment of the effectiveness of those activities
  in achieving the purposes of this subpart. The Director shall suspend
  funding for an approved application if an applicant fails to submit an
  annual performance report.
  `(f) DEFINITIONS- For purposes of this section--
  `(1) the term `Indian tribe' means any Indian tribe, band, nation, or
  other organized group or community, including any Alaska Native village or
  regional or village corporation (as defined in, or established pursuant
  to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601, et seq.)),
  which is recognized as eligible for the special services provided by the
  United States to Indians because of their status as Indians; and
  `(2) the term `Indian country' has the meaning given to such term by
  section 1151 of title 18, United States Code.
`Subpart 3--General Terms and Conditions
`SEC. 1431. GENERAL DEFINITIONS.
  `For purposes of this part--
  `(1) the term `victim services program' means any public or private,
  nonsectarian, nonprofit program that assists victims, including (A)
  nongovernmental nonprofit organizations such as rape crisis centers, battered
  women's shelters, and other domestic violence programs, including nonprofit
  nongovernmental organizations assisting victims through the legal process
  and (B) victim/witness programs within governmental entities;
  `(2) the term `sexual assault' includes not only assaults committed by
  offenders who are strangers to the victim but also assaults committed by
  offenders who are known or related by blood or marriage to the victim; and
  `(3) the term `domestic violence' includes felony and misdemeanor offenses
  committed by a current or former spouse of the victim, a person with whom
  the victim shares a child in common, a person who is cohabitating with or
  has cohabitated with the victim as a spouse, or any other person similarly
  situated to a spouse who is protected under the domestic or family violence
  laws of the jurisdiction receiving grant monies.
`SEC. 1432. GENERAL TERMS AND CONDITIONS.
  `(a) NONMONETARY ASSISTANCE- In addition to the assistance provided under
  subparts 1 or 2, the Director may direct any Federal agency, with or
  without reimbursement, to use its authorities and the resources granted to
  it under Federal law (including personnel, equipment, supplies, facilities,
  and managerial, technical, and advisory services) in support of State and
  local assistance efforts.
  `(b) BUREAU REPORTING- No later than 180 days after the end of each fiscal
  year for which grants are made under this part, the Director shall submit to
  the Judiciary Committees of the House and the Senate a report that includes,
  for each high intensity crime area (as provided in subpart 1) and for each
  State and for each grantee Indian tribe (as provided in subpart 2)--
  `(1) the amount of grants made under this part;
  `(2) a summary of the purposes for which those grants were provided and
  an evaluation of their progress; and
  `(3) a copy of each grantee report filed pursuant to sections 1412(g)
  and 1421(f).
  `(c) REGULATIONS- No later than 45 days after the date of enactment of
  this part, the Director shall publish proposed regulations implementing
  this part. No later than 120 days after such date, the Director shall
  publish final regulations implementing this part.
  `(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  for each of the fiscal years 1992, 1993, and 1994, $100,000,000 to carry
  out the purposes of subpart 1, and $190,000,000 to carry out the purposes
  of subpart 2, and $10,000,000 to carry out the purposes of section 1422
  of subpart 2.'.
SEC. 122. RAPE EXAM PAYMENTS.
  No State or other grantee is entitled to funds under title I of the Violence
  Against Women Act of 1991 unless the State or other grantee incurs the
  full cost of forensic medical exams for victims of sexual assault when
  such exams are required under section 122 of such title. A State or other
  grantee does not incur the full medical cost of such exams if it chooses to
  reimburse the victim after the fact unless the reimbursement program waives
  any minimum loss or deductible requirement, provides victim reimbursement
  within a reasonable time (90 days), permits applications for reimbursement
  within one year from the date of the exam, and provides information to
  all subjects of such exams about how to obtain reimbursement.
Subtitle C--Safety for Women in Public Transit and Public Parks
SEC. 131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC
TRANSPORTATION.
  Section 24 of the Urban Mass Transportation Act of 1964 is amended to read
  as follows:
`GRANTS TO PREVENT CRIME IN PUBLIC TRANSPORTATION
  `SEC. 24. (a) IN GENERAL- From funds authorized under section 21, and
  not to exceed $10,000,000, the Secretary shall make capital grants for
  the prevention of crime and to increase security in existing and future
  public transportation systems. None of the provisions of this Act may be
  construed to prohibit the financing of projects under this section where
  law enforcement responsibilities are vested in a local public body other
  than the grant applicant.
  `(b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE, AND SECURITY PHONES-
  `(1) IN GENERAL- From the sums authorized for expenditure under this
  section for crime prevention, the Secretary is authorized to make grants
  and loans to States and local public bodies or agencies for the purpose
  of increasing the safety of public transportation by--
  `(A) increasing lighting within or adjacent to public transportation systems,
  including bus stops, subway stations, parking lots, or garages;
  `(B) increasing camera surveillance of areas within and adjacent to public
  transportation systems, including bus stops, subway stations, parking lots,
  or garages;
  `(C) providing emergency phone lines to contact law enforcement or security
  personnel in areas within or adjacent to public transportation systems,
  including bus stops, subway stations, parking lots, or garages; or
  `(D) any other project intended to increase the security and safety of
  existing or planned public transportation systems.
  `(2) EXPENDITURE OF CERTAIN SUMS- From the sums authorized under this
  section, at least 75 percent shall be expended on projects of the type
  described in subsection (b)(1) (A) and (B).
  `(c) REPORTING- All grants under this section are contingent upon the
  filing of a report with the Secretary and the Department of Justice,
  Office of Victims of Crime, showing crime rates in or adjacent to
  public transportation before, and for a 1-year period after, the capital
  improvement. Statistics shall be broken down by type of crime, sex, race,
  and relationship of victim to the offender.
  `(d) INCREASED FEDERAL SHARE- Notwithstanding any other provision of this
  Act, the Federal share under this section for each capital improvement
  project which enhances the safety and security of public transportation
  systems and which is not required by law (including any other provision
  of this chapter) shall be 90 percent of the net project cost of such project.
  `(e) SPECIAL GRANTS FOR PROJECTS TO STUDY INCREASING SECURITY FOR WOMEN-
  From the sums authorized under this section, the Secretary shall provide
  grants and loans for the purpose of studying ways to reduce violent crimes
  against women in public transit through better design or operation of
  public transit systems.
  `(f) GENERAL REQUIREMENTS- All grants or loans provided under this section
  shall be subject to all the terms, conditions, requirements, and provisions
  applicable to grants and loans made under section 2(a).'.
SEC. 132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN NATIONAL PARKS.
  The Act entitled `An Act to improve the administration of the national park
  system by the Secretary of the Interior, and to clarify the authorities
  applicable to the system, and for other purposes', approved August 18, 1970
  (16 U.S.C. 1a-1 et seq.), is amended by adding at the end the following
  new section:
`SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE.
  (a) From the sums authorized pursuant to section 7 of the Land and Water
  Conservation Act of 1965, and not to exceed $10,000,000, the Secretary
  of the Interior is authorized to provide Federal assistance to reduce the
  incidence of violent crime in the National Park System.
  `(b) The Secretary shall direct the chief official responsible for law
  enforcement within the National Park Services to--
  `(1) compile a list of areas within the National Park System with the
  highest rates of violent crime;
  `(2) make recommendations concerning capital improvements, and other
  measures, needed within the National Park System to reduce the rates of
  violent crime, including the rate of sexual assault; and
  `(3) publish the information required by paragraphs (1) and (2) in the
  Federal Register.
  `(c) No later than 120 days after the date of enactment of this section,
  and based on the recommendations and list issued pursuant to subsection
  (b), the Secretary shall distribute funds throughout the National Park
  Service. Priority shall be given to those areas with the highest rates of
  sexual assault.
  `(d) Funds provided under this section may be used for the following--
  `(1) to increase lighting within or adjacent to public parks and recreation
  areas;
  `(2) to provide emergency phone lines to contact law enforcement or security
  personnel in areas within or adjacent to public parks and recreation areas;
  `(3) to increase security or law enforcement personnel within or adjacent
  to public parks and recreation areas; and
  `(4) any other project intended to increase the security and safety of
  public parks and recreation areas.'.
SEC. 133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC PARKS.
  Section 6 of the Land and Water Conservation Fund Act of 1965 (16
  U.S.C. 460l-8) is amended by adding at the end the following new subsection:
  `(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE CRIME-
  `(1) IN GENERAL- In addition to assistance for planning projects, and in
  addition to the projects identified in subsection (e), and from amounts
  appropriated, the Secretary shall provide financial assistance to the
  States, not to exceed $15,000,000 in total, for the purpose of making
  capital improvements and other measures to increase safety in urban parks
  and recreation areas, including funds for the following types of projects
  or combinations thereof--
  `(A) increase lighting within or adjacent to public parks and recreation
  areas;
  `(B) provide emergency phone lines to contact law enforcement or security
  personnel in areas within or adjacent to public parks and recreation areas;
  `(C) increase security personnel within or adjacent to public parks and
  recreation areas; and
  `(D) any other project intended to increase the security and safety of
  public parks and recreation areas.
  `(2) OTHER ELIGIBILITY REQUIREMENTS- In addition to the requirements
  for project approval imposed by this section, eligibility for assistance
  under this subsection is dependent upon a showing of need. In providing
  funds under this subsection, the Secretary shall give priority to those
  projects proposed for urban parks and recreation areas with the highest
  rates of crime and, in particular, to urban parks and recreation areas
  with the highest rates of sexual assault.
  `(3) MATCHING REQUIREMENTS- Notwithstanding the terms of subsection (c),
  the Secretary is authorized to provide 70 percent improvement grants
  for projects undertaken by any State for the purposes outlined in this
  subsection. The remaining share of the cost shall be borne by the State.'.
Subtitle D--National Commission on Violent Crime Against Women
SEC. 141. ESTABLISHMENT.
  There is established a commission to be known as the National Commission
  on Violent Crime Against Women (in this subtitle referred to as the
  `Commission').
SEC. 142. DUTIES OF COMMISSION.
  (a) GENERAL PURPOSE OF THE COMMISSION- The Commission shall carry out
  activities for the purposes of promoting a national policy on violent
  crime against women, and for making recommendations for how to reduce
  violent crime against women.
  (b) FUNCTIONS- The Commission shall perform the following functions--
  (1) evaluate the adequacy of, and make recommendations regarding, current
  law enforcement efforts at the Federal and State levels to reduce the rate
  of violent crimes against women;
  (2) evaluate the adequacy of, and make recommendations regarding, the
  responsiveness of State prosecutors and State courts to violent crimes
  against women;
  (3) evaluate the adequacy of, and make recommendations regarding, the
  adequacy of current education, prevention, and protection services for
  women victims of violent crime;
  (4) evaluate the adequacy of, and make recommendations regarding, the role
  of the Federal Government in reducing violent crimes against women;
  (5) evaluate the adequacy of, and make recommendations regarding, national
  public awareness and the public dissemination of information essential to
  the prevention of violent crimes against women;
  (6) evaluate the adequacy of, and make recommendations regarding, data
  collection and government statistics on the incidence and prevalence of
  violent crimes against women;
  (7) evaluate the adequacy of, and make recommendations regarding, the
  adequacy of State and Federal laws on sexual assault and the need for a
  more uniform statutory response to sex offenses;
  (8) evaluate the adequacy of, and make recommendations regarding, the
  adequacy of State and Federal laws on domestic violence and the need for
  a more uniform statutory response to domestic violence; and
  (9) evaluate, and make recommendations regarding, the feasibility of
  enabling victims of domestic violence to register to vote and to vote in
  Federal, State, and local elections, while maintaining the confidentiality
  of their addresses.
SEC. 143. MEMBERSHIP.
  (a) NUMBER AND APPOINTMENT-
  (1) APPOINTMENT- The Commission shall be composed of 21 members as follows:
  (A) 5 members shall be appointed by the President--
  (i) 3 of whom shall be--
  (I) the Attorney General;
  (II) the Secretary of Health and Human Services; and
  (III) the Director of the Federal Bureau of Investigation,
who shall be nonvoting members, except that in the case of a tie vote by
the Commission, the Attorney General shall be a voting member;
  (ii) 2 of whom shall be selected from the general public on the basis
  of such individuals being specially qualified to serve on the Commission
  by reason of their experience in advocacy or service organizations that
  specialize in sexual assault and domestic violence; and
  (iii) at least 1 of whom shall be selected for their experience in providing
  services to women victims of violent crime.
  (B) 8 members shall be appointed by the Speaker of the House of
  Representatives on the joint recommendation of the Majority and Minority
  Leaders of the House of Representatives, at least 1 of whom shall represent
  a State domestic violence or sexual assault coalition, and at least 2 of
  whom shall represent National or broad based domestic violence and sexual
  assault organizations.
  (C) 8 members shall be appointed by the President pro tempore of the Senate
  on the joint recommendation of the Majority and Minority Leaders of the
  Senate, at least 1 of whom shall represent a State domestic violence or
  sexual assault coalition, and at least 2 of whom shall represent National
  or broad based domestic violence and sexual assault organizations.
  (2) CONGRESSIONAL COMMITTEE RECOMMENDATIONS- In making appointments under
  subparagraphs (B) and (C) of paragraph (1), the Majority and Minority Leaders
  of the House of Representatives and the Senate shall duly consider the
  recommendations of the Chairmen and Ranking Minority Members of committees
  with jurisdiction over laws contained in title 18, United States Code.
  (3) REQUIREMENTS OF APPOINTMENTS- The Majority and Minority Leaders of
  the Senate and the House of Representatives shall--
  (A) select individuals who are specially qualified to serve on the
  Commission by reason of their experience in advocacy or service organizations
  specializing in sexual assault or domestic violence;
  (B) engage in consultations for the purpose of ensuring that the expertise
  of the 16 members appointed by the Speaker of the House of Representatives
  and the President pro tempore of the Senate shall provide as much of a
  balance as possible and, to the greatest extent possible, cover the fields
  of law enforcement, prosecution, judicial administration, legal expertise,
  victim compensation boards, and victim advocacy; and
  (C) to the greatest extent possible, include Native Americans and other
  minorities as members of the Commission.
  (4) TERM OF MEMBERS- Members of the Commission (other than members appointed
  under paragraph (1)(A)(i)) shall serve for the life of the Commission.
  (5) VACANCY- A vacancy on the Commission shall be filled in the manner in
  which the original appointment was made.
  (b) CHAIRMAN- Not later than 15 days after the members of the Commission
  are appointed, such members shall select a Chairman from among the members
  of the Commission.
  (c) QUORUM- 7 members of the Commission shall constitute a quorum, but a
  lesser number may be authorized by the Commission to conduct hearings.
  (d) MEETINGS- The Commission shall hold its first meeting on a date
  specified by the Chairman, but such date shall not be later than 60 days
  after the date of the enactment of this Act. After the initial meeting,
  the Commission shall meet at the call of the Chairman or a majority of
  its members, but shall meet at least 6 times.
  (e) PAY- Members of the Commission who are officers or employees or elected
  officials of a government entity shall receive no additional compensation
  by reason of their service on the Commission.
  (f) PER DIEM- Except as provided in subsection (e), while away from their
  homes or regular places of business in the performance of duties for the
  Commission, members of the Commission shall be allowed travel expenses,
  including per diem in lieu of subsistence, at rates authorized for employees
  of agencies under sections 5702 and 5703 of title 5, United States Code.
  (g) DEADLINE FOR APPOINTMENT- Not later than 45 days after the date of
  the enactment of this Act, the members of the Commission shall be appointed.
SEC. 144. REPORTS.
  (a) IN GENERAL- Not later than 1 year after the date on which the Commission
  is fully constituted under section 143, the Commission shall prepare and
  submit a final report to the President, congressional committees that have
  jurisdiction over legislation addressing violent crimes against women,
  including the crimes of domestic and sexual assault, and the chief executive
  officer of each State.
  (b) CONTENTS- The final report submitted under subsection (a) shall
  contain a detailed statement of the activities of the Commission and of the
  findings and conclusions of the Commission, including such recommendations
  for legislation and administrative action as the Commission considers
  appropriate.
SEC. 145. EXECUTIVE DIRECTOR AND STAFF.
  (a) EXECUTIVE DIRECTOR-
  (1) APPOINTMENT- The Commission shall have an Executive Director who
  shall be appointed by the Chairman, with the approval of the Commission,
  not later than 30 days after the Chairman is selected.
  (2) COMPENSATION- The Executive Director shall be compensated at a rate
  not to exceed the maximum rate of the basic pay payable under GS-18 of
  the General Schedule as contained in title 5, United States Code.
  (b) STAFF- With the approval of the Commission, the Executive Director
  may appoint and fix the compensation of such additional personnel as
  the Executive Director considers necessary to carry out the duties of
  the Commission.
  (c) APPLICABILITY OF CIVIL SERVICE LAWS- The Executive Director and the
  additional personnel of the Commission appointed under subsection (b) may be
  appointed without regard to the provisions of title 5, United States Code,
  governing appointments in the competitive service, and may be paid without
  regard to the provisions of chapter 51 and subchapter III of chapter 53
  of such title relating to classification and General Schedule pay rates.
  (d) CONSULTANTS- Subject to such rules as may be prescribed by the
  Commission, the Executive Director may procure temporary or intermittent
  services under section 3109(b) of title 5, United States Code, at rates
  for individuals not to exceed $200 per day.
SEC. 146. POWERS OF COMMISSION.
  (a) HEARINGS- For the purpose of carrying out this subtitle, the Commission
  may conduct such hearings, sit and act at such times and places, take
  such testimony, and receive such evidence, as the Commission considers
  appropriate. The Commission may administer oaths before the Commission.
  (b) DELEGATION- Any member or employee of the Commission may, if authorized
  by the Commission, take any action that the Commission is authorized to
  take under this subtitle.
  (c) ACCESS TO INFORMATION- The Commission may secure directly from any
  executive department or agency such information as may be necessary to enable
  the Commission to carry out this subtitle, except to the extent that the
  department or agency is expressly prohibited by law from furnishing such
  information. On the request of the Chairman of the Commission, the head
  of such a department or agency shall furnish nonprohibited information to
  the Commission.
  (d) MAILS- The Commission may use the United States mails in the same
  manner and under the same conditions as other departments and agencies of
  the United States.
SEC. 147. AUTHORIZATIONS OF APPROPRIATIONS.
  There is authorized to be appropriated for fiscal year 1992, $500,000 to
  carry out the purposes of this subtitle.
SEC. 148. TERMINATION.
  The Commission shall cease to exist 30 days after the date on which its
  final report is submitted under section 144. The President may extend the
  life of the Commission for a period of not to exceed 1 year.
Subtitle E--New Evidentiary Rules
SEC. 151. SEXUAL HISTORY IN ALL CRIMINAL CASES.
  The Federal Rules of Evidence are amended by inserting after rule 412 the
  following new rule:
`Rule 412A. Evidence of victim's past behavior in other criminal cases
  `(a) Notwithstanding any other provision of law, in a criminal case,
  other than a sex offense case governed by rule 412, reputation or opinion
  evidence of the past sexual behavior of an alleged victim is not admissible.
  `(b) Notwithstanding any other provision of law, in a criminal case,
  other than a sex offense case governed by rule 412, evidence of an alleged
  victim's past sexual behavior (other than reputation and opinion evidence)
  may be admissible if--
  `(1) the evidence is admitted in accordance with the procedures specified
  in subdivision (c); and
  `(2) the probative value of the evidence outweighs the danger of unfair
  prejudice.
  `(c)(1) If the defendant intends to offer evidence of specific instances of
  the alleged victim's past sexual behavior, the defendant shall make a written
  motion to offer such evidence not later than 15 days before the date on which
  the trial in which such evidence is to be offered is scheduled to begin,
  except that the court may allow the motion to be made at a later date,
  including during trial, if the court determines either that the evidence
  is newly discovered and could not have been obtained earlier through the
  exercise of due diligence or that the issue to which such evidence relates
  has newly arisen in the case. Any motion made under this paragraph shall
  be served on all other parties and on the alleged victim.
  `(2) The motion described in paragraph (1) shall be accompanied by a
  written offer of proof. If necessary, the court shall order a hearing in
  chambers to determine if such evidence is admissible. At such hearing,
  the parties may call witnesses, including the alleged victim and offer
  relevant evidence. Notwithstanding subdivision (b) of rule 104, if the
  relevancy of the evidence which the defendant seeks to offer in the trial
  depends upon the fulfillment of a condition of fact, the court, at the
  hearing in chambers or at a subsequent hearing in chambers scheduled for
  such purpose, shall accept evidence on the issue of whether such condition
  of fact is fulfilled and shall determine such issue.
  `(3) If the court determines on the basis of the hearing described in
  paragraph (2) that the evidence that the defendant seeks to offer is
  relevant and that the probative value of such evidence outweighs the
  danger of unfair prejudice such evidence shall be admissible in the trial
  to the extent an order made by the court specifies the evidence which
  may be offered and areas with respect to which the alleged victim may
  be examined or cross-examined. In its order, the court should consider
  (A) the chain of reasoning leading to its finding of relevance, and (B)
  why the probative value of the evidence outweighs the danger of unfair
  prejudice given the potential of the evidence to humiliate and embarrass
  the alleged victim and to result in unfair or biased jury inferences.'.
SEC. 152. SEXUAL HISTORY IN CIVIL CASES.
  The Federal Rules of Evidence, as amended by section 151 of this Act,
  are amended by adding after rule 412A the following new rule:
`Rule 412B. Evidence of past sexual behavior in civil cases
  `(a) Notwithstanding any other provision of law, in a civil case in which
  a defendant is accused of actionable sexual misconduct, as defined in
  subdivision (d), reputation or opinion evidence of the plaintiff's past
  sexual behavior is not admissible.
  `(b) Notwithstanding any other provision of law, in a civil case in which
  a defendant is accused of actionable sexual misconduct, as defined in
  subdivision (d), evidence of a plaintiff's past sexual behavior other than
  reputation or opinion evidence may be admissible if--
  `(1) admitted in accordance with the procedures specified in subdivision
  (c); and
  `(2) the probative value of such evidence outweighs the danger of unfair
  prejudice.
  `(c)(1) If the defendant intends to offer evidence of specific instances
  of the plaintiff's past sexual behavior, the defendant shall make a written
  motion to offer such evidence not later than 15 days before the date on which
  the trial in which such evidence is to be offered is scheduled to begin,
  except that the court may allow the motion to be made at a later date,
  including during trial, if the court determines either that the evidence
  is newly discovered and could not have been obtained earlier through the
  exercise of due diligence or that the issue to which such evidence relates
  has newly arisen in the case. Any motion made under this paragraph shall
  be served on all other parties and on the plaintiff.
  `(2) The motion described in paragraph (1) shall be accompanied by a
  written offer of proof. If necessary, the court shall order a hearing in
  chambers to determine if such evidence is admissible. At such hearing,
  the parties may call witnesses, including the plaintiff and offer relevant
  evidence. Notwithstanding subdivision (b) of rule 104, if the relevancy
  of the evidence which the defendant seeks to offer in the trial depends
  upon the fulfillment of a condition of fact, the court, at the hearing in
  chambers or at a subsequent hearing in chambers scheduled for such purpose,
  shall accept evidence on the issue of whether such condition of fact is
  fulfilled and shall determine such issue.
  `(3) If the court determines on the basis of the hearing described
  in paragraph (2) that the evidence that the defendant seeks to offer
  is relevant and that the probative value of such evidence outweighs the
  danger of unfair prejudice, such evidence shall be admissible in the trial
  to the extent an order made by the court specifies evidence which may be
  offered and areas with respect to which the plaintiff may be examined or
  cross-examined. In its order, the court should consider (A) the chain of
  reasoning leading to its finding of relevance, and (B) why the probative
  value of the evidence outweighs the danger of unfair prejudice given the
  potential of the evidence to humiliate and embarrass the alleged victim
  and to result in unfair or biased jury inferences.
  `(d) For purposes of this rule, a case involving a claim of actionable
  sexual misconduct, includes, but is not limited to, sex harassment or
  discrimination claims brought pursuant to title VII of the Civil Rights
  Act of 1964 (42 U.S.C. 2000(e)) and gender bias claims brought pursuant
  to title III of the Violence Against Women Act of 1991.'.
SEC. 153. AMENDMENTS TO RAPE SHIELD LAW.
  Rule 412 of the Federal Rules of Evidence is amended--
  (1) by adding at the end the following:
  `(e) Notwithstanding any other provision of law, any evidentiary rulings
  made pursuant to this rule are subject to interlocutory appeal by the
  government or by the alleged victim.
  `(f) If the prosecution seeks to offer evidence of prior sexual history,
  the provisions of this rule may be waived by the alleged victim.'; and
  (2) by adding at the end of subdivision (c)(3) the following: `In its order,
  the court should consider--
  `(A) the chain of reasoning leading to its finding of relevance; and
  `(B) why the probative value of the evidence outweighs the danger of unfair
  prejudice given the potential of the evidence to humiliate and embarrass
  the alleged victim and to result in unfair or biased jury inferences.'.
SEC. 154. EVIDENCE OF CLOTHING.
  The Federal Rules of Evidence, as amended by sections 151 and 152 of this
  Act, are amended by adding after rule 412B the following new rule:
`Rule 413. Evidence of victim's clothing as inciting violence
  `Notwithstanding any other provision of law, in a criminal case in which
  a person is accused of an offense under chapter 109A of title 18, United
  States Code, evidence of an alleged victim's clothing is not admissible
  to show that the alleged victim incited or invited the offense charged.'.
Subtitle F--Assistance to Victims of Sexual Assault
SEC. 161. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS AGAINST
WOMEN.
  Part A of title XIX of the Public Health and Health Services Act (42
  U.S.C. 300w et seq.) is amended--
  (1) by adding at the end the following new section:
`Sec. 1910A. Use of allotments for rape prevention education
  `(a) Notwithstanding the terms of section 1904(a)(1) of this title,
  amounts transferred by the State for use under this part may be used for
  rape prevention and education programs conducted by rape crisis centers
  or similar nongovernmental nonprofit entities, which programs may include--
  `(1) educational seminars;
  `(2) the operation of hotlines;
  `(3) training programs for professionals;
  `(4) the preparation of informational materials; and
  `(5) other efforts to increase awareness of the facts about, or to help
  prevent, sexual assault.
  `(b) There are authorized to be appropriated to carry out the purposes
  of this section, $60 million for fiscal year 1992, $75 million for fiscal
  year 1993, and $100 million for fiscal year 1994.
  `(c) Funds authorized under this section may only be used for providing
  rape prevention and education programs.
  `(d) For purposes of this section, the term `rape prevention and education'
  includes education and prevention efforts directed at offenses committed
  by offenders who are not known to the victim as well as offenders who are
  known to the victim.
  `(e) States, Indian tribes, and tribal organizations shall be allotted
  funds under this section pursuant to the terms of sections 1902 and 1903,
  and subject to the conditions provided in this section and sections 1904
  through 1909.'; and
  (2) by striking section 1901(b).
SEC. 162. FUNDING FOR RAPE PREVENTION DEMONSTRATION PROJECTS.
  (a) IN GENERAL- The Public Health Service Act (42 U.S.C. 201 et seq.) is
  amended--
  (1) by redesignating title XXVII as title XXVIII;
  (2) by redesignating sections 2701 through 2714 as sections 2801 through
  2814, respectively; and
  (3) by inserting after title XXVI the following new title:
`TITLE XXVII--RAPE PREVENTION
  `SEC. 2701. (a) The Secretary may make grants for research and service
  demonstration projects to develop and evaluate techniques for lowering the
  overall incidence of rape by 20 percent by the year 2000 and for reducing
  the trauma and long-term impact of rape. Such grants may be used for--
  `(1) changing relevant attitudes and sexually assaultive behaviors of boys
  and young men,
  `(2) teaching non-violent conflict resolution, self defense classes,
  and other relevant skills in schools and other youth-oriented settings,
  `(3) fostering recognition of acts meeting the legal definition of rape
  as rape, and
  `(4) developing and disseminating protocols for routinely identifying,
  treating, and properly referring victims of sexual assualt and spouse and
  child abuse by hospital emergency departments.
Grants under this subsection shall be made by the National Institute of
Child Health and Human Development.
  `(b) There is authorized to be appropriated for grants under subsection (a)
  $5,000,000 for each of the fiscal years 1992, 1993, 1994, 1995, and 1996.'.
  (b) CONFORMING AMENDMENTS- The Public Health Service Act (42 U.S.C. 201
  et seq.) is amended--
  (1) in section 406(a)(2), by striking `2701' and inserting `2801';
  (2) in section 465(f), by striking `2701' and inserting `2801';
  (3) in section 480(a)(2), by striking `2701' and inserting `2801';
  (4) in section 485(a)(2), by striking `2701' and inserting `2801';
  (5) in section 497, by striking `2701' and inserting `2801';
  (6) in section 505(a)(2), by striking `2701' and inserting `2801'; and
  (7) in section 926(b), by striking `2711' each place such term appears
  and inserting `2811'.
TITLE II--SAFE HOMES FOR WOMEN
SEC. 201. SHORT TITLE.
  This title may be cited as the `Safe Homes for Women Act'.
Subtitle A--Interstate Enforcement
SEC. 211. INTERSTATE ENFORCEMENT.
  (a) IN GENERAL- Part 1 of title 18, United States Code, is amended by
  inserting after chapter 110 the following new chapter:
`Chapter 110A--Violence Against Spouses
`Sec. 2261. Traveling to commit spousal abuse.
`Sec. 2262. Interstate violation of protection orders.
`Sec. 2263. Restitution.
`Sec. 2264. Full faith and credit given to protection orders.
`Sec. 2265. Definitions for chapter.
`Sec. 2261. Traveling to commit spousal abuse
  `(a) IN GENERAL- Any person who travels or causes another (including the
  intended victim) to travel across State lines or in interstate commerce
  with the intent to injure a spouse or intimate partner and who, during
  the course of any such travel or thereafter, does an act that injures his
  or her spouse or intimate partner in violation of a criminal law of the
  State where the injury occurs (even if such violation does not result in
  the prosecution or conviction of such person under the law of such State)
  shall be fined not more than $1,000 or imprisoned for not more than 5 years
  but not less than 3 months, or both, in addition to any fine or term of
  imprisonment provided under State law.
  `(b) NO STATE LAW- If no fine or term of imprisonment is provided for
  under the law of the State where the injury occurs, a person violating
  this section shall be punished as follows--
  `(1) if permanent disfigurement or life-threatening bodily injury results,
  by imprisonment for not more than 20 years; where serious bodily injury
  results, by fine under this title or imprisonment for not more than 10
  years, or both; where bodily injury results, by fine under this title or
  imprisonment for not more than 5 years, or both;
  `(2) if the offense is committed with intent to commit another felony,
  by fine under this title or imprisonment for not more than 10 years, or both;
  `(3) if the offense is committed with a dangerous weapon, with intent to
  do bodily harm, by fine under this title or imprisonment for not more than
  5 years, or both; and
  `(4) if the offense constitutes sexual abuse, as that conduct is described
  under chapter 109A of title 18, United States Code (without regard to
  whether the offense was committed in the maritime, territorial or prison
  jurisdiction of the United States) by fine or term of imprisonment as
  provided for the applicable conduct under chapter 109A.
  `(c) CRIMINAL INTENT- The criminal intent of the offender required to
  establish an offense under subsection (b) is the general intent to do the
  acts that result in injury to a spouse or intimate partner and not the
  specific intent to violate the law of a State.
`Sec. 2262. Interstate violation of protection orders
  `(a) IN GENERAL- Any person against whom a valid protection order has been
  entered or any agent of that person who travels or causes another (including
  the intended victim) to travel across State lines or in interstate commerce
  with the intent to injure a spouse or intimate partner and who, during the
  course of such travel or thereafter, commits an act that injures his or
  her spouse or intimate partner in violation of  a valid protection order
  issued by a State, with the intent to injure his or her spouse or intimate
  partner, shall be punished as follows--
  `(1) if permanent disfigurement or life-threatening bodily injury results,
  by imprisonment for not more than 20 years; where serious bodily injury
  results, by fine under this title or imprisonment for not more than 10
  years, or both; where bodily injury results, by fine under this title or
  imprisonment for not more than 5 years, or both;
  `(2) if the offense is committed with intent to commit another felony,
  by fine under this title or imprisonment for not more than 10 years, or both;
  `(3) if the offense is committed with a dangerous weapon, with intent to
  do bodily harm, by fine under this title or imprisonment for not more than
  5 years, or both;
  `(4) if the offender has previously violated any prior protection order
  issued against that person for the protection of the same victim, by fine
  under this title or imprisonment for not more than 5 years and not less
  than six months, or both; and
  `(5) if the offense constitutes sexual abuse, as that conduct is described
  under chapter 109A of title 18, United States Code (without regard to
  whether the conduct was committed in the special maritime, territorial or
  prison jurisdiction of the United States) by fine or term of imprisonment
  as provided for the applicable offense under chapter 109A.
  `(b) CRIMINAL INTENT- The criminal intent required to establish the offense
  provided in subsection (a) is the general intent to do the acts which
  result in injury to a spouse or intimate partner and not the specific
  intent to violate a protection order or State law.
`Sec. 2263. Interim protections
  `In furtherance of the purposes of this chapter, and to protect against
  abuse of a spouse or intimate partner, any judge or magistrate before
  whom a criminal case under this chapter is brought, shall have the power
  to issue temporary orders of protection for the protection of an abused
  spouse or intimate partner pending final adjudication of the case, upon
  a showing of a likelihood of danger to the abused spouse or intimate partner.
`Sec. 2264. Restitution
  `(a) IN GENERAL- In addition to any fine or term of imprisonment provided
  under this chapter, and notwithstanding the terms of section 3663 of this
  title, the court shall order restitution to the victim of an offense under
  this chapter.
  `(b) SCOPE AND NATURE OF ORDER-
  `(1) IN GENERAL- The order of restitution under this section shall direct
  that--
  `(A) the defendant pay to the victim the full amount of the victim's losses
  as determined by the court, pursuant to subsection (3); and
  `(B) the United States Attorney enforce the restitution order by all
  available and reasonable means.
  `(2) DEFINITION- For purposes of this subsection, the term `full amount
  of the victim's losses' includes any costs incurred by the victim for--
  `(A) medical services relating to physical, psychiatric, or psychological
  care;
  `(B) physical and occupational therapy or rehabilitation; and
  `(C) lost income;
  `(D) attorneys' fees, plus any costs incurred in obtaining a civil protection
  order; and
  `(E) any other losses suffered by the victim as a proximate result of
  the offense.
  `(3) MANDATORY NATURE OF ORDER- Restitution orders under this section are
  mandatory. A court may not decline to issue an order under this section
  because of--
  `(A) the economic circumstances of the defendant; or
  `(B) the fact that victim has, or is entitled to, receive compensation
  for his or her injuries from the proceeds of insurance.
  `(4) CONSIDERATION OF ECONOMIC CIRCUMSTANCES-
  `(A) IN GENERAL- Notwithstanding the terms of paragraph (3), the court
  may take into account the economic circumstances of the defendant in
  determining the manner in which and the schedule according to which the
  restitution is to be paid, including--
  `(i) the financial resources and other assets of the defendant;
  `(ii) projected earnings, earning capacity, and other income of the
  defendant; and
  `(iii) any financial obligations of the offender, including obligations
  to dependents.
  `(B) LUMP-SUM OR PARTIAL PAYMENT- An order under this section may direct
  the defendant to make a single lump-sum payment, or partial payments
  at specified intervals. The order shall provide that the defendant's
  restitutionary obligation takes priority over any criminal fine ordered.
  `(C) PAYMENT TO OTHER PROVIDER OF COMPENSATION- In the event that the victim
  has recovered for any amount of loss through the proceeds of insurance or
  any other source, the order of restitution shall provide that restitution
  be paid to the person who provided the compensation, but that restitution
  shall be paid to the victim before any restitution is paid to any other
  provider of compensation.
  `(5) SETOFF- Any amount paid to a victim under this section shall be set
  off against any amount later recovered as compensatory damages by the
  victim from the defendant in--
  `(A) any Federal civil proceeding; and
  `(B) any State civil proceeding, to the extent provided by the law of
  the State.
  `(c) PROOF OF CLAIM-
  `(1) IN GENERAL- Within 60 days after conviction and, in any event, no
  later than 10 days prior to sentencing, the United States Attorney (or
  his delegee), after consulting with the victim, shall prepare and file an
  affidavit with the court listing the amounts subject to restitution under
  this section. The affidavit shall be signed by the United States Attorney
  (or his delegee) and the victim. Should the victim object to any of the
  information included in the affidavit, the United States Attorney (or
  his delegee) shall advise the victim that the victim may file a separate
  affidavit.
  `(2) OBJECTIONS- If no objection is raised by the defendant, the amounts
  attested to in the affidavit filed pursuant to subsection (1) shall be
  entered in the court's restitution order. If objection is raised, the
  court may require the victim or the United States Attorney (or his delegee)
  to submit further affidavits or other supporting documents, demonstrating
  the victim's losses.
  `(3) ADDITIONAL DOCUMENTATION OR TESTIMONY- If the court concludes, after
  reviewing the supporting documentation and considering the defendant's
  objections, that there is a substantial reason for doubting the authenticity
  or veracity of the records submitted, the court may require additional
  documentation or hear testimony on those questions. Any records filed,
  or testimony heard, pursuant to this section, shall be in camera in the
  judge's chambers. Notwithstanding any other provision of law, this section
  does not entitle the defendant to discovery of the contents of, or related
  to, any supporting documentation, including medical, psychological, or
  psychiatric records.
  `(4) FINAL DETERMINATION OF LOSSES- In the event that the victim's losses
  are not ascertainable 10 days prior to sentencing as provided in subsection
  (c)(1), the United States Attorney (or his delegee) shall so inform the
  court, and the court shall set a date for the final determination of the
  victim's losses, not to exceed 90 days after sentencing. If the victim
  subsequently discovers further losses, the victim shall have 60 days after
  discovery of those losses in which to petition the court for an amended
  restitution order. Such order may be granted only upon a showing of good
  cause for the failure to include such losses in the initial claim for
  restitutionary relief.
  `(d) RESTITUTION AND CRIMINAL PENALTIES- An award of restitution to the
  victim of an offense under this chapter shall not be a substitute for
  imposition of punishment under sections 2261 and 2262.
  `(e) DEFINITION- For purposes of this section, the term `victim' includes
  any person who has suffered direct physical, emotional, or pecuniary harm as
  a result of a commission of a crime under this chapter, including, in the
  case of a victim who is under 18 years of age, incompetent, incapacitated,
  or deceased, the legal guardian of the victim or representative of the
  victim's estate, another family member, or any other person appointed
  as suitable by the court, except that in no event shall the defendant be
  named as such representative or guardian.
`Sec. 2265. Full faith and credit given to protection orders
  `(a) FULL FAITH AND CREDIT- Any protection order issued consistent with
  the terms of subsection (b) by the court of one State (the issuing State)
  shall be accorded full faith and credit by the court of another State (the
  enforcing State) and enforced as if it were the order of the enforcing State.
  `(b) PROTECTION ORDER- A protection order issued by a State court is
  consistent with the provisions of this section if--
  `(1) such court has jurisdiction over the parties and matter under the
  law of such State; and
  `(2) reasonable notice and opportunity to be heard is given to the person
  against whom the order is sought sufficient to protect that person's right
  to due process. In the case of ex parte orders, notice and opportunity to
  be heard must be provided within the time required by State law, and in
  any event within a reasonable time after the order is issued, sufficient
  to protect the respondent's due process rights.
  `(c) CROSS OR COUNTER PETITION- A protection order issued by a State court
  against one who has petitioned, filed a complaint, or otherwise filed
  a written pleading for protection against abuse by a spouse or intimate
  partner is not entitled to full faith and credit if--
  `(1) no cross or counter petition, complaint, or other written pleading
  was filed seeking such a protection order; or
  `(2) if a cross or counter petition has been filed, if the court did not
  make specific findings that each party was entitled to such an order.
`Sec. 2266. Definitions
  `For purposes of this chapter--
  `(1) the term `spouse or intimate partner' includes--
  `(A) a present or former spouse, a person who shares a child in common with
  the abuser, and a person who cohabits or has cohabited with the abuser as
  a spouse; and
  `(B) any other person similarly situated to a spouse, other than a minor
  child, who is protected by the domestic or family violence laws of the
  State in which the injury occurred or where the victim resides;
  `(2) the term `protection order' includes any injunction or other order
  issued for the purpose of preventing violent or threatening acts by one
  spouse against his or her spouse or intimate partner, including temporary
  and final orders issued by civil and criminal courts (other than support
  or child custody orders) whether obtained by filing an independent action
  or as a pendente lite order in another proceeding so long as any civil
  order was issued in response to a complaint, petition or motion of an
  abused spouse or intimate partner;
  `(3) the term `act that injures' includes any act, except those done in
  self-defense, that results in physical injury or sexual abuse;
  `(4) the term `State' includes a State of the United States, the District
  of Columbia, and any Indian tribe, commonwealth, territory, or possession
  of the United States; and
  `(5) the term `travel across State lines' does not include travel across
  State lines by an individual who is a member of an Indian tribe when such
  individual remains at all times in the territory of the Indian tribe of
  which the individual is a member.'.
  (b) TABLE OF CHAPTERS- The table of chapters for part 1 of title 18,
  United States Code, is amended by inserting after the item for chapter
  110 the following:
2261.'.
Subtitle B--Arrest in Spousal Abuse Cases
SEC. 221. ENCOURAGING ARREST POLICIES.
  Section 311 of the Family Violence Prevention and Services Act (42
  U.S.C. 10410) is amended to read as follows:
`SEC. 311. ENCOURAGING ARREST POLICIES.
  `(a) PURPOSE- To encourage States, Indian tribes and localities to treat
  spousal abuse as a serious violation of criminal law, the Secretary is
  authorized to make grants to eligible States, Indian tribes, municipalities,
  or local government entities for the following:
  `(1) to implement pro-arrest programs, policies, and training in police
  departments and to improve tracking of cases involving spousal abuse;
  `(2) to centralize and coordinate police enforcement, prosecution, or
  judicial responsibility for, spousal abuse cases in one group or unit of
  police officers, prosecutors, or judges;
  `(3) to strengthen legal advocacy services programs for victims of spousal
  abuse; and
  `(4) to educate judges in criminal and other courts about spousal abuse
  and to improve judicial handling of such cases.
  `(b) ELIGIBILITY-
  `(1) IN GENERAL- Eligible grantees are those States, Indian tribes,
  municipalities or other local government entities that--
  `(A) demonstrate, through arrest and conviction statistics, that their laws
  or policies have been effective in significantly increasing the number of
  arrests made of spouse abusers;
  `(B) certify that their laws or official policies--
  `(i)(I) mandate arrest of spouse abusers based on probable cause that
  violence has been committed; or
  `(II) permit warrantless misdemeanor arrests of spouse abusers and encourage
  the use of that authority; and
  `(ii) mandate arrest of spouse abusers who violate the terms of a valid
  and outstanding protection order;
  `(C) demonstrate that their laws, policies, or practices, and training
  programs discourage dual arrests of abused and abuser and the increase in
  arrest rates demonstrated pursuant to paragraph (1)(A) is not the result
  of increased dual arrests; and
  `(D) certify that their laws, policies, and practices prohibit issuance of
  mutual restraining orders of protection except in cases where both spouses
  file a claim and the court makes detailed findings of fact indicating that
  both spouses acted primarily as aggressors and that neither spouse acted
  primarily in self-defense.
  `(2) DEFINITIONS- For purposes of this section--
  `(A) the term `protection order' includes any injunction issued for
  the purpose of preventing violent or threatening acts of spouse abuse,
  including temporary and final orders issued by civil and criminal courts
  (other than support or child custody orders) whether obtained by filing
  an independent action or as a pendente lite order in another proceeding; and
  `(B) the term `spousal or spouse abuse' includes abuse of a current or
  former spouse, a person who shares a child in common with the abuser, and
  a person who cohabits with or has cohabited with the abuser as a spouse,
  or any other person similarly situated to the abuser who is protected under
  the domestic or family violence laws of the eligible State, Indian tribe,
  municipality, or local government entity.
  `(3) EFFECTIVE DATE- The eligibility requirements provided in this section
  shall take effect 1 year after the date of enactment of this section.
  `(c) DELEGATION AND AUTHORIZATION- The Secretary shall delegate to the
  Attorney General of the United States the Secretary's responsibilities for
  carrying out this section to the Attorney General. There is authorized to
  be appropriated  not in excess of $25,000,000 for each fiscal year to be
  used for the purpose of making grants under this section.
  `(d) APPLICATION- An eligible grantee shall submit an application to the
  Secretary. Such application shall--
  `(1) contain a certification by the chief executive officer of the State,
  Indian tribes, municipality, or local government entity that the conditions
  of subsection (b) are met;
  `(2) describe the entity's plans to further the purposes listed in subsection
  (a);
  `(3) identify the agency or office or groups of agencies or offices
  responsible for carrying out the program; and
  `(4) include documentation from nonprofit, nongovernmental domestic violence
  programs showing their participation in developing the application,
  and identifying such programs that will be consulted in developing and
  implementing the program.
  `(e) PRIORITY- In awarding grants under this section, the Secretary shall
  give priority to a grantee that--
  `(1) does not currently provide for centralized handling of cases
  involving spousal or family violence in any one of the areas listed in
  this subsection--police, prosecutors, and courts; and
  `(2) demonstrates a commitment to strong enforcement of laws, and prosecution
  of cases, involving spousal or family violence.
  `(f) REPORTING- Each grantee receiving funds under this section shall
  submit a report to the Secretary evaluating the effectiveness of the plan
  described in subsection (d)(2) and containing such additional information
  as the Secretary may prescribe.
  `(g) REGULATIONS- No later than 45 days after the date of enactment of
  this section, the Secretary shall publish proposed regulations implementing
  this section. No later than 120 days after such date, the Secretary shall
  publish final regulations implementing this section.'.
Subtitle C--Funding for Shelters
SEC. 231. AUTHORIZATION.
  Section 310 of the Family Violence Prevention and Services Act (42
  U.S.C. 10409) is amended to read as follows:
`SEC. 310. AUTHORIZATION OF APPROPRIATIONS.
  `(a) There are authorized to be appropriated to carry out the provisions
  of this title, $150,000,000 for fiscal year 1992, $175,000,000 for fiscal
  year 1993, and $200,000,000 for fiscal year 1994.
  `(b) Of the amounts appropriated pursuant to the authorization in subsection
  (a) for any fiscal year, not less than 80 percent shall be used by the
  Secretary for making grants under section 303(a), and not less than 10
  percent shall be used by the Secretary for the purposes under 303(b).
  `(c) Of the amounts appropriated pursuant to the authorization in subsection
  (a) for any fiscal year, not more than 5 percent shall be used by the
  Secretary for making grants under section 308.'.
Subtitle D--Family Violence Prevention and Services Act Amendments
SEC. 241. EXPANSION OF PURPOSE.
  (a) IN GENERAL- The Family Violence Prevention and Services Act is amended
  by striking the term `demonstration' each place it appears in the Act.
  (b) CONFORMING AMENDMENTS- Section 302 of the Family Violence Prevention
  and Services Act (42 U.S.C. 10401) is amended--
  (1) by striking `demonstrate the effectiveness of assisting' and inserting
  `assist';
  (2) by striking `to prevent' and inserting `to increase public awareness
  about and prevent'; and
  (3) by adding `, courts, and legal, social service, and health care
  professionals' after `(including law enforcement agencies' .
SEC. 242. EXPANSION OF STATE GRANT PROGRAM.
  Section 303(a) of the Family Violence Prevention and Services Act (42
  U.S.C. 10402) is amended--
  (1) by striking `to prevent' in paragraph (1) and inserting `to increase
  public awareness about and prevent'; and
  (2) by striking `, alcohol and drug abuse treatment,' and `abusers and'
  in paragraph (2)(B)(ii) and inserting at the end of the paragraph `and
  their children'.
SEC. 243. STATE DOMESTIC VIOLENCE COALITIONS.
  The Family Violence Prevention and Services Act is amended by adding at
  the end the following new section:
`GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS
  `SEC. 314. (a) The Secretary shall provide for the funding of State domestic
  violence coalitions, that shall further the purposes of domestic violence
  intervention and prevention through activities including but not limited to--
  `(1) work with judicial and law enforcement agencies to encourage appropriate
  responses to domestic violence cases and examine issues, including--
  `(A) the inappropriateness of mutual protection orders;
  `(B) the prohibition of mediation when there is domestic violence;
  `(C) the use of mandatory arrest of accused offenders;
  `(D) the discouragement of dual arrests;
  `(E) the adoption of aggressive and vertical prosecution policies and
  procedures;
  `(F) the use of mandatory requirements for presentence investigations;
  `(G) the length of time to prosecute cases or reach plea agreements;
  `(H) the use of plea agreements;
  `(I) the testifying of victims at post-conviction sentencing and release
  hearings;
  `(J) the consistency of sentencing, including comparisons of domestic
  violence crimes with other violent crimes;
  `(K) the restitution of victims;
  `(L) the use of training and technical assistance to law enforcement,
  court officials, and other professionals;
  `(M) the reporting practices of, and significance to be accorded to,
  prior convictions (both felony and misdemeanor) and protection orders;
  `(N) the use of interstate extradiction in cases of domestic violence crimes;
  `(O) the use of Statewide and regional planning; and
  `(P) any other matters that the Secretary and the State domestic violence
  coalitions believe merit investigation;
  `(2) work with family law judges, Child Protective Services agencies, and
  children's advocates to develop appropriate responses to child custody
  and visitation issues in domestic violence cases as well as cases where
  domestic violence and child abuse are both present, including--
  `(A) the inappropriateness of mutual protection orders;
  `(B) the prohibiton of mediation when there is domestic violence;
  `(C) the inappropriate use of marital or conjoint counseling in domestic
  violence cases;
  `(D) the use of training and technical assistance to family law judges
  and court personnel;
  `(E) the presumption of custody to domestic violence victims;
  `(F) the use of comprehensive protection orders to grant the greatest
  level of protection possible to victims of domestic violence, including
  temporary support and maintenance;
  `(G) the development by Child Protective Services agencies of supportive
  responses to enable victims to protect their children;
  `(H) the implementation of supervised visitations that do not endanger
  abused victims and their children; and
  `(I) the possibility of permitting domestic violence victims to remove
  their children from a State when the safety of the children or the victim
  is at risk; and
  `(3) conduct public education campaigns regarding domestic violence through
  the use of public service announcements and informative materials that
  are designed for print media, billboards, public transit advertising,
  electronic broadcast media, and other vehicles for information that inform
  the public concerning domestic violence.
  `(b) ELIGIBILITY- For purposes of this section, eligible grantees are
  Statewide, nonprofit State domestic violence coalitions whose--
  `(1) membership includes a majority of the programs for victims of domestic
  violence in the State;
  `(2) membership of the board of directors is representative of such
  programs; and
  `(3) purpose is to provide services, community education, and technical
  assistance to such programs to establish and maintain shelter and related
  services for victims of domestic violence and their children.
  `(c) AUTHORIZATION- There is authorized to be appropriated $10,000,000
  for each fiscal year to be used for the purpose of making grants under
  this section.
  `(d) ALLOTMENT OF FUNDS- From the amounts appropriated pursuant to the
  authorization in subsection (c), the Secretary shall divide the funds
  equally among the 50 States, the District of Columbia, and the combined
  United States territories. The combined United States territories shall
  be considered to be the equivalent of 1 State and shall receive not less
  than 1.5 percent of the total amount of the funds distributed.
  `(e) STANDING- Any State domestic violence coalition shall have standing
  to challenge whether a grantee is in compliance with the eligibility
  requirements, or to seek enforcement, of section 312.
  `(f) REPORTING- Each State domestic violence coalition receiving funds
  under this section shall submit a report to the Secretary detailing the
  coordination, training, and techincal assistance, and public education
  services performed, and evaluating the effectiveness of such services.
  `(g) REGULATIONS- Not later than 45 days after the date of the enactment of
  this section, the Secretary shall publish proposed regulations to implement
  this section. Not later than 120 days after such date, the Secretary shall
  publish final regulations to implement this section.
  `(h) DEFINITION- For purposes of this section, the term `combined United
  States territories' means Guam, American Samoa, the United States Virgin
  Islands, the Northern Mariana Islands, and the Trust Territory of the
  Pacific Islands.'.
SEC. 244. INDIAN TRIBES.
  Section 303(b)(1) of the Family Violence Prevention and Services Act (42
  U.S.C. 10402(b)(1)) is amended by striking `is authorized' and inserting
  `from sums appropriated shall make not less than 10 percent available for'.
SEC. 245. FUNDING LIMITATIONS.
  Section 303(c) of the Family Violence Prevention and Services Act (42
  U.S.C. 10402(c)) is amended to read as follows:
  `(c) No grant may be made under this section in any fiscal year to any
  single entity (other than to a State) for an amount in excess of $75,000.'.
SEC. 246. GRANTS TO ENTITIES OTHER THAN STATES; LOCAL SHARE.
  The 1st sentence of section 303(f) of the Family Violence Prevention
  and Services Act (42 U.S.C. 10402(f)) is amended to read as follows:
  `No grant may be made under this section to an entity other than a State
  or Indian tribe unless the entity provides for the following local share
  as a proportion of the total amount of funds provided under this chapter
  to the project involved: 35 percent for new programs for the 1st year of
  the program, and 20 percent for each year after the 1st year for existing
  programs.'.
SEC. 247. SHELTER AND RELATED ASSISTANCE.
  The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
  seq.) is amended--
  (1) by striking section 303(g) of the Act (42 U.S.C. 10402(g)); and
  (2) by striking section 309(5) of the Act (42 U.S.C. 10408(5)) and inserting
  the following:
  `(5) The term `related assistance'--
  `(A) includes any, but not requiring all, of the following--
  `(1) food, shelter, medical services, counseling with respect to family
  violence, and counseling by peers individually and in groups; and
  `(2) transportation, legal assistance, referrals for appropriate health-care
  services (including alcohol and drug abuse treatment), but not reimbursement
  for any health-care services and technical assistance with respect to
  obtaining financial assistance under Federal and State programs; and
  `(B) may include counseling, and self-help services to abusers, employment
  training, educational services, preventive health services (including
  nutrition, exercise, and prevention of substance abuse), and child care
  services for children who are victims of family violence or the dependents
  of such victims.'.
SEC. 248. ALLOTMENT OF FUNDS.
  Section 304(a)(1) of the Family Violence Prevention and Services Act is
  amended by striking `$50,000' and inserting `500,000'.
SEC. 249. REPORT ON RECORDKEEPING.
  Not later than 120 days after the date of enactment of this Act, the
  Government Accounting Office shall complete a study of, and shall submit
  to Congress a report and recommendations on, problems of recordkeeping
  of criminal complaints involving domestic violence. The study and report
  shall examine efforts to date of the FBI and Justice Department to collect
  statistics on domestic violence and the feasibility of, cost estimates for,
  and including a suggested timetable for, requiring that the relationship
  between an offender and victim be reported in Federal and State records
  of crimes of assault, aggravated assault, rape, and other violent crimes.
SEC. 250. MODEL STATE LEADERSHIP INCENTIVE GRANTS FOR DOMESTIC VIOLENCE
INTERVENTION.
  The Family Violence Prevention Services Act, as amended by section 243 of
  this Act, is amended by adding at the end the following new section:
`MODEL STATE LEADERSHIP GRANTS FOR DOMESTIC VIOLENCE INTERVENTION
  `SEC. 315. (a) The Secretary, in cooperation with the Attorney General,
  shall award grants to not less than 10 States to assist in becoming model
  demonstration States by helping States to meet the costs of implementing a
  comprehensive civil and criminal justice response to domestic violence. State
  leadership grants will encourage activities that will--
  `(1) increase the number of prosecutions for domestic violence crimes;
  `(2) encourage the reporting of incidences of domestic violence;
  `(3) facilitate arrests and aggressive prosecution policies; and
  `(4) provide legal advocacy services for victims of domestic violence.
  `(b) To be designated as a model State under subsection (a), a State shall
  have in effect--
  `(1) a law that requires mandatory arrest of a person that police have
  probable cause to believe has committed an act of domestic violence or
  probable cause to believe has violated an outstanding civil protection order;
  `(2) a law or policy that discourages dual arrests;
  `(3) laws or statewide prosecution policies that--
  `(A) authorize and encourage prosecutors to pursue cases where a criminal
  case can be proved, including proceeding without the active involvement
  of the victim if necessary;
  `(B) implement model projects that include a vertical prosecution policy; and
  `(C) limit diversion to extraordinary cases, and then only after an
  admission before a judicial officer has been entered;
  `(4) statewide guidelines for judges that--
  `(A) reduce the automatic issuance of mutual restraining or protective orders
  in cases where only one spouse has sought a restraining or protective order;
  `(B) require any history of abuse against the child or against the other
  parent to be considered when making child custody determinations; and
  `(C) require judicial training on domestic violence and related civil and
  criminal court issues;
  `(5) Statewide policies that provide for the coordination of court and
  legal victim advocacy services; and
  `(6) develop and disseminate methods to improve the criminal justice system's
  response to domestic violence to make existing remedies as easily available
  as possible to victims of domestic violence, including reducing delay,
  eliminating court fees, and providing easily understandable court forms.
  `(c)(1) In addition to the funds authorized to be appropriated under
  section 310, there are authorized to be appropriated to make grants under
  this section $25,000,000 for fiscal year 1992 and such sums as may be
  necessary for each of the fiscal years 1993 and 1994.
  `(2) Funds shall be distributed under this section so that no State shall
  receive more than $2,500,000 in each fiscal year under this section.
  `(3) The Secretary shall delegate to the Attorney General the Secretary's
  responsibilities for carrying out this section and shall transfer to the
  Attorney General the funds appropriated under this section for the purpose
  of making grants under this section.'.
SEC. 251. FUNDING FOR TECHNICAL ASSISTANCE CENTERS.
  Section 308 of the Family Violence Prevention and Services Act is amended
  to read as follows:
`SEC. 308. TECHNICAL ASSISTANCE CENTERS.
  `(a) PURPOSE- The purpose of this section is to provide training and
  technical assistance to State, Indian tribal,  and local domestic violence
  programs and to other professionals who provide services to victims
  of domestic violence. From the sums authorized under this title, the
  Secretary shall provide grants or contracts with public or private nonprofit
  organizations, for the establishment and maintenance of 1 national resource
  center and 6 specialty resource centers focusing on 1 or more issues of
  concern to domestic violence victims. The specialty resource centers shall
  provide information, training and technical assistance to State, tribal and
  local domestic violence service providers, and shall specialize in at least
  1 of the following areas of domestic violence service, prevention or law--
  `(1) criminal justice response to domestic violence, including court-mandated
  abuser treatment;
  `(2) improving the response of Child Protection Service agencies to battered
  mothers of abused children;
  `(3) child custody issues in domestic violence cases;
  `(4) the use of the self-defense plea by a domestic violence victim;
  `(5) improving interdisciplinary health care responses and access to health
  care resources for victims of domestic violence; and
  `(6) improving access to and the quality of legal representation for
  victims of domestic violence in civil litigation.
  `(b) ELIGIBILITY- Eligible grantees are private non-profit organizations
  that--
  `(1) focus primarily on domestic violence;
  `(2) provide documentation to the Secretary demonstrating a minimum of
  3 years experience with issues of domestic violence, particularly in the
  specific area for which it is applying;
  `(3) include on its advisory boards representatives from domestic violence
  programs who are geographically and culturally diverse; and
  `(4) demonstrate strong support from domestic violence advocates for their
  designation as a specialty resource center.
  `(c) REPORTING- Each grantee receiving funds under this section shall submit
  a report to the Secretary evaluating the effectiveness of the plan described
  and containing such additional information as the Secretary may prescribe.
  `(d) REGULATIONS- No later than 45 days after the date of enactment of
  this section, the Secretary shall publish proposed regulations implementing
  this section.
  `(e) FUNDING- From the amounts appropriated pursuant to the authorization
  in section 310, not less than 5 percent for each fiscal year shall be used
  for the purpose of making grants under this section.'.
Subtitle E--Confidentiality for Abused Persons
SEC. 261. CONFIDENTIALITY FOR ABUSED PERSONS.
  No later than 90 days after the enactment of this Act, the Postmaster
  General shall promulgate regulations to secure the confidentiality of
  abused persons' addresses or otherwise prohibit the disclosure of an abused
  person's address consistent with the following:
  (1) Confidentiality shall be provided upon the presentation to an appropriate
  postal official of an existing and valid court order for the protection
  of an abused spouse, or upon an affidavit containing a statement that an
  address or organization is a domestic violence shelter or service provider
  and a letter from the State coalition for domestic violence in that State
  confirming such statement.
  (2) Disclosure of addresses to State or Federal agencies for legitimate
  law enforcement or other governmental purposes shall not be prohibited.
  (3) Compilations of addresses existing at the time the order is presented
  to an appropriate postal official shall be excluded from the scope of the
  proposed regulations.
TITLE III--CIVIL RIGHTS
SEC. 301. CIVIL RIGHTS.
  (a) FINDINGS- The Congress finds that--
  (1) crimes motivated by the victim's gender constitute bias crimes in
  violation of the victim's right to be free from discrimination on the
  basis of gender;
  (2) current law provides a civil rights remedy for gender crimes committed
  in the workplace, but not for gender crimes committed on the street or in
  the home; and
  (3) State and Federal criminal laws do not adequately protect against the
  bias element of gender crimes, which separates these crimes from acts of
  random violence, nor do they adequately provide victims the opportunity
  to vindicate their interests.
  (b) RIGHTS, PRIVILEGES AND IMMUNITIES- All persons within the United States
  shall have the same rights, privileges and immunities in every State as are
  enjoyed by all other persons to be free from crimes of violence motivated
  by the victim's gender, as defined in subsection (d).
  (c) CAUSE OF ACTION- Any person, including a person who acts under color
  of any statute, ordinance, regulation, custom, or usage of any State,
  who deprives another of the rights, privileges or immunities secured by
  the Constitution and laws as enumerated in subsection (b) shall be liable
  to the party injured, in an action for the recovery of compensatory and
  punitive damages, injunctive or declaratory relief, or such other relief
  as the court may deem appropriate.
  (d) DEFINITIONS- For purposes of this section--
  (1) the term `crime of violence motivated by gender' means any crime of
  violence, as defined in this section, including rape, sexual assault,
  sexual abuse, abusive sexual contact, or any other crime of violence
  committed because of gender or on the basis of gender; and
  (2) the term `crime of violence' means an act or series of acts that would
  come within the meaning of State or Federal offenses described in section
  16 of title 18, United States Code, whether or not those acts have actually
  resulted in criminal charges, prosecution, or conviction and whether or
  not those acts were committed in the special maritime, territorial, or
  prison jurisdiction of the United States.
  (e) LIMITATION AND PROCEDURES-
  (1) LIMITATION- Nothing in this section entitles a person to a cause of
  action under subsection (c) for random acts of violence unrelated to gender
  or for acts that cannot be demonstrated, by a preponderance of the evidence,
  to be `motivated by gender' as defined in subsection (d).
  (2) NO PRIOR CRIMINAL ACTION- Nothing in this section requires a prior
  criminal complaint, prosecution, or conviction to establish the necessary
  elements of a cause of action under subsection (c).
SEC. 302. CONFORMING AMENDMENT.
  The Civil Rights Attorney's Fees Awards Act of 1976 (42 U.S.C. 1988)
  is amended--
  (1) in the last sentence, by striking `or' after `Public Law 92-318,'; and
  (2) by adding after `1964,' the following: `, or title III of the Violence
  Against Women Act,'.
TITLE IV--SAFE CAMPUSES FOR WOMEN
SEC. 401. SHORT TITLE.
  This title may be cited as the `Safe Campuses for Women Act'.
SEC. 402. FINDINGS.
  The Congress finds that--
  (1) rape prevention and education programs are essential to an educational
  environment free of fear for students' personal safety;
  (2) sexual assault on campus, whether by fellow students or not, is
  widespread among the Nation's higher education institutions, experts
  estimate that 1 in 7 of the women now in college have been raped and over
  half of college rape victims know their attackers;
  (3) sexual assault poses a grave threat to the physical and mental well-being
  of students and may significantly impair the learning process; and
  (4) action by schools to educate students may make substantial inroads on the
  incidence of rape, including the incidence of acquaintance rape on campus.
SEC. 403. GRANTS FOR CAMPUS RAPE EDUCATION.
  Title X of the Higher Education Act of 1965 is amended to add at the end
  the following:
`PART D--GRANTS FOR CAMPUS RAPE EDUCATION
`SEC. 1071. GRANTS FOR CAMPUS RAPE EDUCATION.
  `(a) IN GENERAL- (1) The Secretary of Education is authorized to make
  grants to or enter into contracts with institutions of higher education
  for rape education and prevention programs under this section.
  `(2) The Secretary shall make financial assistance available on a competitive
  basis under this section. An institution of higher education or consortium of
  such institutions which desires to receive a grant or enter into a contract
  under this section shall submit an application to the Secretary at such
  time, in such manner, and containing or accompanied by such information
  as the Secretary may reasonably require in accordance with regulations.
  `(3) The Secretary shall make every effort to ensure the equitable
  participation of private and public institutions of higher education and to
  ensure the equitable geographic participation of such institutions. In the
  award of grants and contracts under this section, the Secretary shall give
  priority to institutions who show the greatest need for the sums requested.
  `(4) Not less than 50 percent of sums available for the purposes of this
  section shall be used to make grants under subsection (c) of this section.
  `(b) GENERAL RAPE PREVENTION AND EDUCATION GRANTS- Grants under this section
  shall be used to educate and provide support services to student victims
  of rape or sexual assault. Grants may be used for the following purposes:
  `(1) to provide training for campus security and college personnel, including
  campus disciplinary or judicial boards, that address the issues of rape,
  sexual assault, and other gender-motivated crimes;
  `(2) to develop, disseminate, or implement campus security and student
  disciplinary policies to prevent and discipline rape, sexual assault,
  and other gender-motivated crimes;
  `(3) to develop, enlarge, or strengthen support services programs including
  medical or psychological counseling to assist victims' recovery from rape,
  sexual assault, or other gender-motivated crimes;
  `(4) to create, disseminate, or otherwise provide assistance and information
  about victims' options on and off campus to bring disciplinary or other
  legal action; and
  `(5) to implement, operate, or improve rape education and prevention
  programs, including programs making use of peer-to-peer education.
  `(c) MODEL GRANTS- Not less than 25 percent of the funds authorized under
  this section shall be available for grants for model demonstration programs
  to be coordinated with local rape crisis centers for the development and
  implementation of quality rape prevention and education curricula and for
  local programs to provide services to student rape victims.
  `(d) ELIGIBILITY- No institution of higher education or consortium of such
  institutions shall be eligible for a grant under this section unless--
  `(1) its student code of conduct, or other written policy governing
  student behavior, explicitly prohibits not only rape but all forms of
  sexual assault; and
  `(2) it has in effect and implements a written policy requiring the
  disclosure to the victim of any sexual assault the outcome of any
  investigation by campus police or campus disciplinary proceedings brought
  pursuant to the victim's complaint against the alleged perpetrator of the
  sexual assault, except that nothing in this section shall be interpreted
  to authorize disclosure to any person other than the victim.
  `(e) APPLICATIONS- (1) In order to be eligible to receive a grant under
  this section for any fiscal year, an institution of higher education,
  or consortium of such institutions, shall submit an application to the
  Secretary at such time and in such manner as the Secretary shall prescribe.
  `(2) Each such application shall--
  `(A) set forth the activities and programs to be carried out with funds
  granted under this part;
  `(B) contain an estimate of the cost for the establishment and operation
  of such programs;
  `(C) explain how the program intends to address the issue of acquaintance
  rape;
  `(D) provide assurances that the Federal funds made available under
  this section shall be used to supplement and, to the extent practical,
  to increase the level of funds that would, in the absence of such Federal
  funds, be made available by the applicant for the purpose described in
  this part, and in no case to supplant such funds; and
  `(E) include such other information and assurances as the Secretary
  reasonably determines to be necessary.
  `(f) GRANTEE REPORTING- Upon completion of the grant period under this
  section, the grantee institution or consortium of institutions shall file
  a performance report with the Secretary explaining the activities carried
  out together with an assessment of the effectiveness of those activities
  in achieving the purposes of this section. The Secretary shall suspend
  funding for an approved application if an applicant fails to submit an
  annual performance report.
  `(g) DEFINITIONS- (1) Except as otherwise provided, the terms used in this
  part shall have the meaning provided under section 2981 of this title.
  `(2) For purposes of this subchapter, the following terms have the following
  meanings--
  `(A) the term `rape education and prevention' includes programs that provide
  educational seminars, peer-to-peer counseling, operation of hotlines,
  self-defense courses, the preparation of informational materials, and any
  other effort to increase campus awareness of the facts about, or to help
  prevent, sexual assault; and
  `(B) the term `Secretary' means the Secretary of Education.
  `(h) GENERAL TERMS AND CONDITIONS- (1) REGULATIONS- No later than 45 days
  after the date of enactment of this section, the Secretary shall publish
  proposed regulations implementing this section. No later than 120 days
  after such date, the Secretary shall publish final regulations implementing
  this section.
  `(2) No later than 180 days after the end of each fiscal year for which
  grants are made under this section, the Secretary shall submit to the
  committees of the House of Representatives and the Senate responsible for
  issues relating to higher education and to crime, a report that includes--
  `(A) the amount of grants made under this section;
  `(B) a summary of the purposes for which those grants were provided and
  an evaluation of their progress; and
  `(C) a copy of each grantee report filed pursuant to subsection (f) of
  this section.
  `(3) For the purpose of carrying out this subchapter, there are authorized
  to be appropriated $20,000,000 for the fiscal year 1992, and such sums as
  may be necessary for each of the fiscal years 1993, 1994, and 1995.'.
SEC. 404. REQUIRED CAMPUS REPORTING OF SEXUAL ASSAULT.
  Section 485(f)(1)(F) of the General Education Provisions Act (20 U.S.C. 1092)
  is amended to read as follows:
  `(F) Statistics concerning the occurrence on campus, during the most recent
  school year, and during the 2 preceding school years for which data are
  available, of the following criminal offenses reported to campus security
  authorities or local police agencies--
  `(i) murder;
  `(ii) rape or sexual assault;
  `(iii) robbery;
  `(iv) aggravated assault;
  `(v) burglary; and
  `(vi) motor vehicle theft.'.
TITLE V--EQUAL JUSTICE FOR WOMEN IN THE COURTS
SECTION 501. SHORT TITLE.
  This title may be cited as the `Equal Justice for Women in the Courts Act'.
Subtitle A--Education and Training for Judges and Court Personnel in State
Courts
SEC. 511. GRANTS AUTHORIZED.
  The State Justice Institute is authorized to award grants for the purpose
  of developing, testing, presenting, and disseminating model programs to
  be used by States in training judges and court personnel in the laws of
  the States on rape, sexual assault, domestic violence, and other crimes
  of violence motivated by the victim's gender.
SEC. 512. TRAINING PROVIDED BY GRANTS.
  Training provided pursuant to grants made under this subtitle may include
  current information, existing studies, or current data on--
  (1) the nature and incidence of rape and sexual assault by strangers and
  nonstrangers, marital rape, and incest;
  (2) the underreporting of rape, sexual assault, and child sexual abuse;
  (3) the physical, psychological, and economic impact of rape and sexual
  assault on the victim, the costs to society, and the implications for
  sentencing;
  (4) the psychology of sex offenders, their high rate of recidivism, and
  the implications for sentencing;
  (5) the historical evolution of laws and attitudes on rape and sexual
  assault;
  (6) sex stereotyping of female and male victims of rape and sexual assault,
  racial stereotyping of rape victims and defendants, and the impact of such
  stereotypes on credibility of witnesses, sentencing, and other aspects of
  the administration of justice;
  (7) application of rape shield laws and other limits on introduction
  of evidence that may subject victims to improper sex stereotyping and
  harassment in both rape and nonrape cases, including the need for sua
  sponte judicial intervention in inappropriate cross-examination;
  (8) the use of expert witness testimony on rape trauma syndrome, child
  sexual abuse accommodation syndrome, post-traumatic stress syndrome,
  and similar issues;
  (9) the legitimate reasons why victims of rape, sexual assault, domestic
  violence, and incest may refuse to testify against a defendant;
  (10) the nature and incidence of domestic violence;
  (11) the physical, psychological, and economic impact of domestic violence on
  the victim, the costs to society, and the implications for court procedures
  and sentencing;
  (12) the psychology and self-presentation of batterers and victims and
  the negative implications for court proceedings and credibility of witnesses;
  (13) sex stereotyping of female and male victims of domestic violence,
  myths about presence or absence of domestic violence in certain racial,
  ethnic, religious, or socioeconomic groups, and their impact on the
  administration of justice;
  (14) historical evolution of laws and attitudes on domestic violence;
  (15) proper and improper interpretations of the defenses of self-defense
  and provocation, and the use of expert witness testimony on battered
  woman syndrome;
  (16) the likelihood of retaliation, recidivism, and escalation of violence by
  batterers, and the potential impact of incarceration and other meaningful
  sanctions for acts of domestic violence including violations of orders
  of protection;
  (17) economic, psychological, social and institutional reasons for victims'
  inability to leave the batterer, to report domestic violence or to follow
  through on complaints, including the influence of lack of support from
  police, judges, and court personnel, and the legitimate reasons why victims
  of domestic violence may refuse to testify against a defendant and should
  not be held in contempt;
  (18) the need for orders of protection, and the negative implications
  of mutual orders of protection, dual arrest policies, and mediation in
  domestic violence cases;
  (19) recognition of and response to gender-motivated crimes of violence
  other than rape, sexual assault and domestic violence, such as mass or
  serial murder motivated by the gender of the victims; and
  (20) current information on the impact of pornography on crimes against
  women, or data on other activities that tend to degrade women.
SEC. 513. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER THIS TITLE.
  The State Justice Institute shall ensure that model programs carried
  out pursuant to grants made under this subtitle are developed with the
  participation of law enforcement officials, public and private nonprofit
  victim advocates, legal experts, prosecutors, defense attorneys, and
  recognized experts on gender bias in the courts.
SEC. 514. AUTHORIZATION OF APPROPRIATIONS.
  There is authorized to be appropriated for fiscal year 1992, $600,000 to
  carry out the purposes of this subtitle. Of amounts appropriated under this
  section, the State Justice Institute shall expend no less than 40 percent
  on model programs regarding domestic violence and no less than 40 percent
  on model programs regarding rape and sexual assault.
Subtitle B--Education and Training for Judges and Court Personnel in Federal
Courts
SEC. 521. EDUCATION AND TRAINING GRANTS.
  (a) STUDY- The Federal Judicial Center shall conduct a study of the nature
  and extent of gender bias in the Federal courts, including in proceedings
  involving rape, sexual assault, domestic violence, and other crimes of
  violence motivated by gender. The study shall be conducted by the use of
  data collection techniques such as reviews of trial and appellate opinions
  and transcripts, public hearings, and inquiries to attorneys practicing
  in the Federal courts. The Federal Judicial Center shall publicly issue
  a final report containing a detailed description of the findings and
  conclusions of the study, including such recommendations for legislative,
  administrative, and judicial action as it considers appropriate.
  (b) MODEL PROGRAMS-
  (1) The Federal Judicial Center shall develop, test, present, and disseminate
  model programs to be used in training Federal judges and court personnel
  in the laws on rape, sexual assault, domestic violence, and other crimes
  of violence motivated by the victim's gender.
  (2) The training programs developed under this subsection shall include--
  (A) all of the topics listed in section 512; and
  (B) all procedural and substantive aspects of the legal rights and remedies
  for violent crime motivated by gender including such areas as the Federal
  penalties for sex crimes, interstate enforcement of laws against domestic
  violence and civil rights remedies for violent crimes motivated by gender.
SEC. 522. COOPERATION IN DEVELOPING PROGRAMS.
  In implementing this subtitle, the Federal Judicial Center shall ensure
  that the study and model programs are developed with the participation of
  law enforcement officials, public and private nonprofit victim advocates,
  legal experts, prosecutors, defense attorneys, and recognized experts on
  gender bias in the courts.
SEC. 523. AUTHORIZATION OF APPROPRIATIONS.
  There is authorized to be appropriated for fiscal year 1992, $400,000 to
  carry out the purposes of this subtitle. Of amounts appropriated under
  this section, no less than 25 percent and no more than 40 percent shall be
  expended by the Federal Judicial Center on the study required by section
  521(a).

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