TITLE IV-VIOLENCE AGAINST WOMEN - Sections 40281-40703 SEC. 40281. CONFIDENTIALITY OF ABUSED PERSON'S ADDRESS. (a) Regulations .-Not later than 90 days after the date of of this Act, the United States Postal Service shall promulgate regulations to secure the confidentiality of domestic violence shelters and abused persons' addresses. (b) Requirements .-The regulations under subsection (a) shall (1) in the case of an individual, the presentation to an appropriate postal official of a valid, outstanding protection order; and (2) in the case of a domestic violence shelter, the presentation to an appropriate postal authority of proof from a State domestic violence coalition that meets the requirements of section 311 of the Family Violence Prevention and Services Act (42 U.S.C. 10410)) verifying that the organization is a domestic violence shelter. (c) Disclosure for Certain Purposes .-The regulations under subsection (a) shall not prohibit the disclosure of addresses to State or Federal agencies for legitimate law enforcement or other governmental purposes. (d) Existing Compilations .-Compilations of addresses existing at the time at which order is presented to an appropriate postal official shall be excluded from the scope of the regulations under subsection (a). CHAPTER 9-DATA AND RESEARCH SEC. 40291. RESEARCH AGENDA. (a) Request for Contract .-The Attorney General shall request the National Academy of Sciences, through its National Research Council, to enter into a contract to develop a research agenda to increase the understanding and control of violence against women, including rape and domestic violence. In furtherance of the contract, the National Academy shall convene a panel of nationally recognized experts on violence against women, in the fields of law, medicine, criminal justice, and direct services to victims and experts on domestic violence in diverse, ethnic, social, and language minority communities and the social sciences. In setting the agenda, the Academy shall focus primarily on preventive, educative, social, and legal strategies, including addressing the needs of underserved populations. (b) Declination of Request .-If the National Academy of Sciences declines to conduct the study and develop a research agenda, it shall recommend a nonprofit private entity that is qualified to conduct such a study. In that case, the Attorney General shall carry out subsection (a) through the nonprofit private entity recommended by the Academy. In either case, whether the study is conducted by the National Academy of Sciences or by the nonprofit group it recommends, the funds for the contract shall be made available from sums appropriated for the conduct of research by the National Institute of Justice. (c) Report .-The Attorney General shall ensure that no later than 1 year after the date of enactment of this Act, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. SEC. 40292. STATE DATABASES. (a) In General .-The Attorney General shall study and report to the States and to Congress on how the States may collect centralized databases on the incidence of sexual and domestic violence offenses within a State. (b) Consultation .-In conducting its study, the Attorney General shall consult persons expert in the collection of criminal justice data, State statistical administrators, law enforcement personnel, and nonprofit nongovernmental agencies that provide direct services to victims of domestic violence. The final report shall set forth the views of the persons consulted on the recommendations. (c) Report .-The Attorney General shall ensure that no later than 1 year after the date of enactment of this Act, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committees on the Judiciary of the Senate and the House of Representatives. (d) Authorization of Appropriations .-There are authorized to be appropriated to carry out this section- $ 200,000 for fiscal year 1996. SEC. 40293. NUMBER AND COST OF INJURIES. (a) Study .-The Secretary of Health and Human Services, acting through the Centers for Disease Control Injury Control Division, shall conduct a study to obtain a national projection of the incidence of injuries resulting from domestic violence, the cost of injuries to health care facilities, and recommend health care strategies for reducing the incidence and cost of such injuries. (b) Authorization of Appropriations .-There are authorized to be appropriated to carry out this section- $ 100,000 for fiscal year 1996. CHAPTER 10-RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT ASSISTANCE. (a) Grants .-The Attorney General may make grants to States, Indian tribal governments, and local governments of rural States, and to other public or private entities of rural States- (1) to implement, expand, and establish cooperative efforts and projects between law enforcement officers, prosecutors, victim advocacy groups, and other related parties to investigate and prosecute incidents of domestic violence and child abuse; (2) to provide treatment and counseling to victims of domestic violence and child abuse; and (3) to work in cooperation with the community to develop education and prevention strategies directed toward such issues. (b) Definitions .-In this section- "Indian tribe" means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. "rural State" has the meaning stated in section 1501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)). (c) Authorization of Appropriations .- (1) In general .-There are authorized to be appropriated to carry out this section- (A) $ 7,000,000 for fiscal year 1996; (B) $ 8,000,000 for fiscal year 1997; and (C) $ 15,000,000 for fiscal year 1998. (2) Additional funding .-In addition to funds received under a grant under subsection (a), a law enforcement agency may use funds received under a grant under section 103 to accomplish the objectives of this section. Subtitle C-Civil Rights for Women SEC. 40301. SHORT TITLE. This subtitle may be cited as the "Civil Rights Remedies for Gender-Motivated Violence Act". SEC. 40302. CIVIL RIGHTS. (a) Purpose .-Pursuant to the affirmative power of Congress to enact this subtitle under section 5 of the Fourteenth Amendment to the Constitution, as well as under section 8 of Article I of the Constitution, it is the purpose of this subtitle to protect the civil rights of victims of gender motivated violence and to promote public safety, health, and activities affecting interstate commerce by establishing a Federal civil rights cause of action for victims of crimes of violence motivated by gender. (b) Right To Be Free From Crimes of Violence .-All persons within the United States shall have the right to be free from crimes of violence motivated by gender (as defined in subsection (d)). (c) Cause of Action .-A person (including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State) who commits a crime of violence motivated by gender and thus deprives another of the right declared in subsection (b) shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate. (d) Definitions .-For purposes of this section- (1) the term "crime of violence motivated by gender" means a crime of violence committed because of gender or on the basis of gender, and due, at least in part, to an animus based on the victim's gender; and (2) the term "crime of violence" means- (A) an act or series of acts that would constitute a felony against the person or that would constitute a felony against property if the conduct presents a serious risk of physical injury to another, and that would come within the meaning of State or Federal offenses described in section 16 of title 18, United States Code, whether or not those acts have actually resulted in criminal charges, prosecution, or conviction and whether or not those acts were committed in the special maritime, territorial, or prison jurisdiction of the United States; and (B) includes an act or series of acts that would constitute a felony described in subparagraph (A) but for the relationship between the person who takes such action and the individual against whom such action is taken. (e) Limitation and Procedures.- (1) Limitation .-Nothing in this section entitles a person to a cause of action under subsection (c) for random acts of violence unrelated to gender or for acts that cannot be demonstrated, by a preponderance of the evidence, to be motivated by gender (within the meaning of subsection (d)). (2) No prior criminal action .-Nothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under subsection (c). (3) Concurrent jurisdiction .-The Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this subtitle. (4) Supplemental jurisdiction .-Neither section 1367 of title 28, United States Code, nor subsection (c) of this section shall be construed, by reason of a claim arising under such subsection, to confer on the courts of the United States jurisdiction over any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property, or child custody decree. (5) Limitation on removal .-Section 1445 of title 28, United States Code, is amended by adding at the end the following new subsection: "(d) A civil action in any State court arising under section 40302 of the Violence Against Women Act of 1994 may not be removed to any district court of the United States.". SEC. 40303. ATTORNEY'S FEES. Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended in the last sentence- [*H8812] (1) by striking "or" after "Public Law 92-318,"; and (2) by inserting ", or section 40302 of the Violence Against Women Act of 1994," after "1964". SEC. 40304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE PRIVACY OF RAPE VICTIMS. It is the sense of the Senate that news media, law enforcement officers, and other persons should exercise restraint and respect a rape victim's privacy by not disclosing the victim's identity to the general public or facilitating such disclosure without the consent of the victim. Subtitle D-Equal Justice for Women in the Courts Act SEC. 40401. SHORT TITLE. This subtitle may be cited as the "Equal Justice for Women in the Courts Act of 1994". CHAPTER 1-EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN STATE COURTS SEC. 40411. GRANTS AUTHORIZED. The State Justice Institute may award grants for the purpose of developing, testing, presenting, and disseminating model programs to be used by States (as defined in section 202 of the State Justice Institute Act of 1984 (42 U.S.C. 10701)) in training judges and court personnel in the laws of the States and by Indian tribes in training tribal judges and court personnel in the laws of the tribes on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. SEC. 40412. TRAINING PROVIDED BY GRANTS. Training provided pursuant to grants made under this subtitle may include current information, existing studies, or current data on- (1) the nature and incidence of rape and sexual assault by strangers and nonstrangers, marital rape, and incest; (2) the underreporting of rape, sexual assault, and child sexual abuse; (3) the physical, psychological, and economic impact of rape and sexual assault on the victim, the costs to society, and the implications for sentencing; (4) the psychology of sex offenders, their high rate of recidivism, and the implications for sentencing; (5) the historical evolution of laws and attitudes on rape and sexual assault; (6) sex stereotyping of female and male victims of rape and sexual assault, racial stereotyping of rape victims and defendants, and the impact of such stereotypes on credibility of witnesses, sentencing, and other aspects of the administration of justice; (7) application of rape shield laws and other limits on introduction of evidence that may subject victims to improper sex stereotyping and harassment in both rape and nonrape cases, including the need for sua sponte judicial intervention in inappropriate cross- examination; (8) the use of expert witness testimony on rape trauma syndrome, child sexual abuse accommodation syndrome, post-traumatic stress syndrome, and similar issues; (9) the legitimate reasons why victims of rape, sexual assault, and incest may refuse to testify against a defendant; (10) the nature and incidence of domestic violence; (11) the physical, psychological, and economic impact of domestic violence on the victim, the costs to society, and the implications for court procedures and sentencing; (12) the psychology and self-presentation of batterers and victims and the implications for court proceedings and credibility of witnesses; (13) sex stereotyping of female and male victims of domestic violence, myths about presence or absence of domestic violence in certain racial, ethnic, religious, or socioeconomic groups, and their impact on the administration of justice; (14) historical evolution of laws and attitudes on domestic violence; (15) proper and improper interpretations of the defenses of self-defense and provocation, and the use of expert witness testimony on battered woman syndrome; (16) the likelihood of retaliation, recidivism, and escalation of violence by batterers, and the potential impact of incarceration and other meaningful sanctions for acts of domestic violence including violations of orders of protection; (17) economic, psychological, social and institutional reasons for victims' inability to leave the batterer, to report domestic violence or to follow through on complaints, including the influence of lack of support from police, judges, and court personnel, and the legitimate reasons why victims of domestic violence may refuse to testify against a defendant; (18) the need for orders of protection, and the implications of mutual orders of protection, dual arrest policies, and mediation in domestic violence cases; and (19) recognition of and response to gender-motivated crimes of violence other than rape, sexual assault and domestic violence, such as mass or serial murder motivated by the gender of the victims. SEC. 40413. 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. 40414. AUTHORIZATION OF APPROPRIATIONS. (a) In General .-There are authorized to be appropriated to carry out this chapter- $ 600,000 for fiscal year 1996. (b) Model Programs .-Of amounts appropriated under this section, the State Justice Institute shall expend not less than 40 percent on model programs regarding domestic violence and not less than 40 percent on model programs regarding rape and sexual assault. CHAPTER 2-EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN FEDERAL COURTS SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING GRANTS. (a) Studies .-In order to gain a better understanding of the nature and the extent of gender bias in the Federal courts, the circuit judicial councils are encouraged to conduct studies of the instances, if any, of gender bias in their respective circuits and to implement recommended reforms. (b) Matters for Examination .-The studies under subsection (a) may include an examination of the effects of gender on- (1) the treatment of litigants, witnesses, attorneys, jurors, and judges in the courts, including before magistrate and bankruptcy judges; (2) the interpretation and application of the law, both civil and criminal; (3) treatment of defendants in criminal cases; (4) treatment of victims of violent crimes in judicial proceedings; (5) sentencing; (6) sentencing alternatives and the nature of supervision of probation and parole; (7) appointments to committees of the Judicial Conference and the courts; (8) case management and court sponsored alternative dispute resolution programs; (9) the selection, retention, promotion, and treatment of employees; (10) appointment of arbitrators, experts, and special masters; (11) the admissibility of the victim's past sexual history in civil and criminal cases; and (12) the aspects of the topics listed in section 40412 that pertain to issues within the jurisdiction of the Federal courts. (c) Clearinghouse .-The Administrative Office of the United States Courts shall act as a clearinghouse to disseminate any reports and materials issued by the gender bias task forces under subsection (a) and to respond to requests for such reports and materials. The gender bias task forces shall provide the Administrative Office of the Courts of the United States with their reports and related material. (d) Model Programs .-The Federal Judicial Center, in carrying out section 620(b)(3) of title 28, United States Code, may- (1) include in the educational programs it presents and prepares, including the training programs for newly appointed judges, information on issues related to gender bias in the courts including such areas as are listed in subsection (a) along with such other topics as the Federal Judicial Center deems appropriate; (2) prepare materials necessary to implement this subsection; and (3) take into consideration the findings and recommendations of the studies conducted pursuant to subsection (a), and to consult with individuals and groups with relevant expertise in gender bias issues as it prepares or revises such materials. SEC. 40422. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated- (1) to the Salaries and Expenses Account of the Courts of Appeals, District Courts, and other Judicial Services to carry out section 40421(a)- $ 500,000 for fiscal year 1996; (2) to the Federal Judicial Center to carry out section 40421(d)- $ 100,000 for fiscal year 1996; and (3) to the Administrative Office of the United States Courts to carry out section 40421(c)- $ 100,000 for fiscal year 1996. Subtitle E-Violence Against Women Act Improvements SEC. 40501. PRE-TRIAL DETENTION IN SEX OFFENSE CASES. Section 3156(a)(4) of title 18, United States Code, is amended- (1) by striking "or" at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting "; or"; and (3) by adding after subparagraph (B) the following new subparagraph: "(C) any felony under chapter 109A or chapter 110.". SEC. 40502. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW THE AGE OF 16. Section 2245(2) of title 18, United States Code, is amended- (1) by striking "or" at the end of subparagraph (B); (2) by striking "; and" at the end of subparagraph (C) and inserting "; or"; and (3) by inserting after subparagraph (C) the following new subparagraph: "(D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;". SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY TRANSMITTED DISEASES. (a) For Victims in Sex Offense Cases .-Section 503(c)(7) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by adding at the end the following: "The Attorney General shall provide for the payment of the cost of up to 2 anonymous and confidential tests of the victim for sexually transmitted diseases, including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the 12 months following sexual assaults that pose a risk of transmission, and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of transmission of sexually transmitted diseases to the victim as the result of the assault. A victim may waive anonymity and confidentiality of any tests paid for under this section.". [*H8813] (b) Limited Testing of Defendants .- (1) Court order. -The victim of an offense of the type referred to in subsection (a) may obtain an order in the district court of the United States for the district in which charges are brought against the defendant charged with the offense, after notice to the defendant and an opportunity to be heard, requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome, and that the results of the test be communicated to the victim and the defendant. Any test result of the defendant given to the victim or the defendant must be accompanied by appropriate counseling. (2) Showing required .-To obtain an order under paragraph (1), the victim must demonstrate that- (A) the defendant has been charged with the offense in a State or Federal court, and if the defendant has been arrested without a warrant, a probable cause determination has been made; (B) the test for the etiologic agent for acquired immune deficiency syndrome is requested by the victim after appropriate counseling; and (C) the test would provide information necessary for the health of the victim of the alleged offense and the court determines that the alleged conduct of the defendant created a risk of transmission, as determined by the Centers for Disease Control, of the etiologic agent for acquired immune deficiency syndrome to the victim. (3) Follow-up testing .-The court may order follow-up tests and counseling under paragraph (b)(1) if the initial test was negative. Such follow-up tests and counseling shall be performed at the request of the victim on dates that occur six months and twelve months following the initial test. (4) Termination of testing requirements .-An order for follow-up testing under paragraph (3) shall be terminated if the person obtains an acquittal on, or dismissal of, all charges of the type referred to in subsection (a). (5) Confidentiality of test .-The results of any test ordered under this subsection shall be disclosed only to the victim or, where the court deems appropriate, to the parent or legal guardian of the victim, and to the person tested. The victim may disclose the test results only to any medical professional, counselor, family member or sexual partner(s) the victim may have had since the attack. Any such individual to whom the test results are disclosed by the victim shall maintain the confidentiality of such information. (6) Disclosure of test results .-The court shall issue an order to prohibit the disclosure by the victim of the results of any test performed under this subsection to anyone other than those mentioned in paragraph (5). The contents of the court proceedings and test results pursuant to this section shall be sealed. The results of such test performed on the defendant under this section shall not be used as evidence in any criminal trial. (7) Contempt for disclosure .-Any person who discloses the results of a test in violation of this subsection may be held in contempt of court. (c) Penalties for Intentional Transmission of HIV .-Not later than 6 months after the date of enactment of this Act, the United States Sentencing Commission shall conduct a study and prepare and submit to the committees on the Judiciary of the Senate and the House of Representatives a report concerning recommendations for the revision of sentencing guidelines that relate to offenses in which an HIV infected individual engages in sexual activity if the individual knows that he or she is infected with HIV and intends, through such sexual activity, to expose another to HIV. SEC. 40504. EXTENSION AND STRENGTHENING OF RESTITUTION. Section 3663(b) of title 18, United States Code, is amended- (1) in paragraph (2) by inserting "including an offense under chapter 109A or chapter 110" after "an offense resulting in bodily injury to a victim"; (2) by striking "and" at the end of paragraph (3); (3) by redesignating paragraph (4) as paragraph (5); and (4) by inserting after paragraph (3) the following new paragraph: "(4) in any case, reimburse the victim for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense; and". SEC. 40505. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF FEDERAL BENEFITS. Section 3663 of title 18, United States Code, is amended by adding at the end the following new subsection: "(i)(1) A Federal agency shall immediately suspend all Federal benefits provided by the agency to the defendant, and shall terminate the defendant's eligibility for Federal benefits administered by that agency, upon receipt of a certified copy of a written judicial finding that the defendant is delinquent in making restitution in accordance with any schedule of payments or any requirement of immediate payment imposed under this section. "(2) Any written finding of delinquency described in paragraph (1) shall be made by a court, after a hearing, upon motion of the victim named in the order to receive the restitution or upon motion of the United States. "(3) A defendant found to be delinquent may subsequently seek a written finding from the court that the defendant has rectified the delinquency or that the defendant has made and will make good faith efforts to rectify the delinquency. The defendant's eligibility for Federal benefits shall be reinstated upon receipt by the agency of a certified copy of such a finding. "(4) In this subsection, "Federal benefit" means a grant, contract, loan, professional license, or commercial license provided by an agency of the United States.". SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT. (a) Study .-The Attorney General, in consultation with the Secretary of Education, shall provide for a national baseline study to examine the scope of the problem of campus sexual assaults and the effectiveness of institutional and legal policies in addressing such crimes and protecting victims. The Attorney General may utilize the Bureau of Justice Statistics, the National Institute of Justice, and the Office for Victims of Crime in carrying out this section. (b) Report .-Based on the study required by subsection (a) and data collected under the Student Right- To-Know and Campus Security Act (20 U.S.C. 1001 note; Public Law 101-542) and amendments made by that Act, the Attorney General shall prepare a report including an analysis of- (1) the number of reported allegations and estimated number of unreported allegations of campus sexual assaults, and to whom the allegations are reported (including authorities of the educational institution, sexual assault victim service entities, and local criminal authorities); (2) the number of campus sexual assault allegations reported to authorities of educational institutions which are reported to criminal authorities; (3) the number of campus sexual assault allegations that result in criminal prosecution in comparison with the number of non-campus sexual assault allegations that result in criminal prosecution; (4) Federal and State laws or regulations pertaining specifically to campus sexual assaults; (5) the adequacy of policies and practices of educational institutions in addressing campus sexual assaults and protecting victims, including consideration of- (A) the security measures in effect at educational institutions, such as utilization of campus police and security guards, control over access to grounds and buildings, supervision of student activities and student living arrangements, control over the consumption of alcohol by students, lighting, and the availability of escort services; (B) the articulation and communication to students of the institution's policies concerning sexual assaults; (C) policies and practices that may prevent or discourage the reporting of campus sexual assaults to local criminal authorities, or that may otherwise obstruct justice or interfere with the prosecution of perpetrators of campus sexual assaults; (D) the nature and availability of victim services for victims of campus sexual assaults; (E) the ability of educational institutions' disciplinary processes to address allegations of sexual assault adequately and fairly; (F) measures that are taken to ensure that victims are free of unwanted contact with alleged assailants, and disciplinary sanctions that are imposed when a sexual assault is determined to have occurred; and (G) the grounds on which educational institutions are subject to lawsuits based on campus sexual assaults, the resolution of these cases, and measures that can be taken to avoid the likelihood of lawsuits and civil liability; (6) in conjunction with the report produced by the Department of Education in coordination with institutions of education under the Student Right-To-Know and Campus Security Act (20 U.S.C. 1001 note; Public Law 101-542) and amendments made by that Act, an assessment of the policies and practices of educational institutions that are of greatest effectiveness in addressing campus sexual assaults and protecting victims, including policies and practices relating to the particular issues described in paragraph (5); and (7) any recommendations the Attorney General may have for reforms to address campus sexual assaults and protect victims more effectively, and any other matters that the Attorney General deems relevant to the subject of the study and report required by this section. (c) Submission of Report .-The report required by subsection (b) shall be submitted to the Congress no later than September 1, 1996. (d) Definition .-For purposes of this section, "campus sexual assaults" includes sexual assaults occurring at institutions of postsecondary education and sexual assaults committed against or by students or employees of such institutions. (e) Authorization of Appropriations .-There are authorized to be appropriated to carry out the study required by this section-$ 200,000 for fiscal year 1996. SEC. 40507. REPORT ON BATTERED WOMEN'S SYNDROME. (a) Report .-Not less than 1 year after the date of enactment of this Act, the Attorney General and the Secretary of Health and Human Services shall transmit to the House Committee on Energy and Commerce, the Senate Committee on Labor and Human Resources, and the Committees on the Judiciary of the Senate and the House of Representatives a report on the medical and psychological basis of "battered women's syndrome" and on the extent to which evidence of the syndrome has been considered in criminal trials. (b) Components .-The report under subsection (a) shall include- (1) medical and psychological testimony on the validity of battered women's syndrome as a psychological condition; [*H8814] (2) a compilation of State, tribal, and Federal court cases in which evidence of battered women's syndrome was offered in criminal trials; and (3) an assessment by State, tribal, and Federal judges, prosecutors, and defense attorneys of the effects that evidence of battered women's syndrome may have in criminal trials. SEC. 40508. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF DOMESTIC VIOLENCE. (a) Report .-The Attorney General shall conduct a study of the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses, notwithstanding the desire of the victims to have such information withheld to avoid further exposure to abuse. Based on the study, the Attorney General shall transmit a report to Congress including- (1) the findings of the study concerning the means by which information concerning the addresses or locations of abused spouses may be obtained by abusers; and (2) analysis of the feasibility of creating effective means of protecting the confidentiality of information concerning the addresses and locations of abused spouses to protect such persons from exposure to further abuse while preserving access to such information for legitimate purposes. (b) Use of Components .-The Attorney General may use the National Institute of Justice and the Office for Victims of Crime in carrying out this section. SEC. 40509. REPORT ON RECORDKEEPING RELATING TO DOMESTIC VIOLENCE. Not later than 1 year after the date of enactment of this Act, the Attorney General shall complete a study of, and shall submit to Congress a report and recommendations on, problems of recordkeeping of criminal complaints involving domestic violence. The study and report shall examine- (1) the efforts that have been made by the Department of Justice, including the Federal Bureau of Investigation, to collect statistics on domestic violence; and (2) the feasibility of requiring that the relationship between an offender and victim be reported in Federal records of crimes of aggravated assault, rape, and other violent crimes. Subtitle F-National Stalker and Domestic Violence Reduction SEC. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION DATABASES. (a) Access and Entry .-Section 534 of title 28, United States Code, is amended by adding at the end the following: "(e)(1) Information from national crime information databases consisting of identification records, criminal history records, protection orders, and wanted person records may be disseminated to civil or criminal courts for use in domestic violence or stalking cases. Nothing in this subsection shall be construed to permit access to such records for any other purpose. "(2) Federal and State criminal justice agencies authorized to enter information into criminal information databases may include- "(A) arrests, convictions, and arrest warrants for stalking or domestic violence or for violations of protection orders for the protection of parties from stalking or domestic violence; and "(B) protection orders for the protection of persons from stalking or domestic violence, provided such orders are subject to periodic verification. "(3) As used in this subsection- "(A) the term 'national crime information databases' means the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index; and "(B) the term 'protection order' includes an injunction or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.". (b) Rulemaking .-The Attorney General may make rules to carry out the subsection added to section 534 of title 28, United States Code, by subsection (a), after consultation with the officials charged with managing the National Crime Information Center and the Criminal Justice Information Services Advisory Policy Board. SEC. 40602. GRANT PROGRAM. (a) In General .-The Attorney General is authorized to provide grants to States and units of local government to improve processes for entering data regarding stalking and domestic violence into local, State, and national crime information databases. (b) Eligibility .-To be eligible to receive a grant under subsection (a), a State or unit of local government shall certify that it has or intends to establish a program that enters into the National Crime Information Center records of- (1) warrants for the arrest of persons violating protection orders intended to protect victims from stalking or domestic violence; (2) arrests or convictions of persons violating protection or domestic violence; and (3) protection orders for the protection of persons from stalking or domestic violence. SEC. 40603. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this subtitle- (1) $ 1,500,000 for fiscal year 1996; (2) $ 1,750,000 for fiscal year 1997; and (3) $ 2,750,000 for fiscal year 1998. SEC. 40604. APPLICATION REQUIREMENTS. An application for a grant under this subtitle shall be submitted in such form and manner, and contain such information, as the Attorney General may prescribe. In addition, applications shall include documentation showing- (1) the need for grant funds and that State or local funding, as the case may be, does not already cover these operations; (2) intended use of the grant funds, including a plan of action to increase record input; and (3) an estimate of expected results from the use of the grant funds. SEC. 40605. DISBURSEMENT. Not later than 90 days after the receipt of an application under this subtitle, the Attorney General shall either provide grant funds or shall inform the applicant why grant funds are not being provided. SEC. 40606. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATIONS. The Attorney General may provide technical assistance and training in furtherance of the purposes of this subtitle, and may provide for the evaluation of programs that receive funds under this subtitle, in addition to any evaluation requirements that the Attorney General may prescribe for grantees. The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, or through contracts or other arrangements with other entities. SEC. 40607. TRAINING PROGRAMS FOR JUDGES. The State Justice Institute, after consultation with nationally recognized nonprofit organizations with expertise in stalking and domestic violence cases, shall conduct training programs for State (as defined in section 202 of the State Justice Institute Authorization Act of 1984 (42 U.S.C. 10701)) and Indian tribal judges to ensure that a judge issuing an order in a stalking or domestic violence case has all available criminal history and other information, whether from State or Federal sources. SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION. The State Justice Institute, after consultation with nationally recognized nonprofit associations with expertise in data sharing among criminal justice agencies and familiarity with the issues raised in stalking and domestic violence cases, shall recommend proposals regarding how State courts may increase intrastate communication between civil and criminal courts. SEC. 40609. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING SYSTEM. Not later than 2 years after the date of enactment of this Act, the Attorney General, in accordance with the States, shall compile data regarding domestic violence and intimidation (including stalking) as part of the National Incident-Based Reporting System (NIBRS). SEC. 40610. REPORT TO CONGRESS. The Attorney General shall submit to the Congress an annual report, beginning one year after the date of the enactment of this Act, that provides information concerning the incidence of stalking and domestic violence, and evaluates the effectiveness of State antistalking efforts and legislation. SEC. 40611. DEFINITIONS. As used in this subtitle- (1) the term "national crime information databases" refers to the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index; and (2) the term "protection order" includes an injunction or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. Subtitle G-Protections for Battered Immigrant Women and Children SEC. 40701. ALIEN PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND PREFERENCE STATUS. (a) In General .-Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended- (1) in subparagraph (A)- (A) by inserting "(i)" after "(A)", (B) by redesignating the second sentence as clause (ii), and (C) by adding at the end the following new clauses: "(iii) An alien who is the spouse of a citizen of the United States, who is a person of good moral character, who is eligible to be classified as an immediate relative under section 201(b)(2)(A)(i), and who has resided in the United States with the alien's spouse may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien if such a child has not been classified under clause (iv)) under such section if the alien demonstrates to the Attorney General that- "(I) the alien is residing in the United States, the marriage between the alien and the spouse was entered into in good faith by the alien, and during the marriage the alien or a child of the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's spouse; and "(II) the alien is a person whose deportation, in the opinion of the Attorney General, would result in extreme hardship to the alien or a child of the alien. "(iv) An alien who is the child of a citizen of the United States, who is a person of good moral [*H8815] character, who is eligible to be classified as an immediate relative under section 201(b)(2)(A)(i), and who has resided in the United States with the citizen parent may file a petition with the Attorney General under this subparagraph for classification of the alien under such section if the alien demonstrates to the Attorney General that- "(I) the alien is residing in the United States and during the period of residence with the citizen parent the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's citizen parent; and "(II) the alien is a person whose deportation, in the opinion of the Attorney General, would result in extreme hardship to the alien."; (2) in subparagraph (B)- (A) by inserting "(i)" after "(B)"; and (B) by adding at the end the following new clauses: "(ii) An alien who is the spouse of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for classification under section 203(a)(2)(A), and who has resided in the United States with the alien's legal permanent resident spouse may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien if such a child has not been classified under clause (iii)) under such section if the alien demonstrates to the Attorney General that the conditions described in subclauses (I) and (II) of subparagraph (A)(iii) are met with respect to the alien. "(iii) An alien who is the child of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for classification under section 203(a)(2)(A), and who has resided in the United States with the alien's permanent resident alien parent may file a petition with the Attorney General under this subparagraph for classification of the alien under such section if the alien demonstrates to the Attorney General that- "(I) the alien is residing in the United States and during the period of residence with the permanent resident parent the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's permanent resident parent; and "(II) the alien is a person whose deportation, in the opinion of the Attorney General, would result in extreme hardship to the alien."; and (3) by adding at the end the following new subparagraph: "(H) In acting on petitions filed under clause (iii) or (iv) of subparagraph (A) or clause (ii) or (iii) of subparagraph (B), the Attorney General shall consider any credible evidence relevant to the petition. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.". (b) Conforming Amendments .-(1) Section 204(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(2)) is amended- (A) in subparagraph (A) by striking "filed by an alien who," and inserting "for the classification of the spouse of an alien if the alien, "; and (B) in subparagraph (B) by striking "by an alien whose prior marriage" and inserting "for the classification of the spouse of an alien if the prior marriage of the alien". (2) Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by striking "204(a)(1)(A)" and inserting "204(a)(1)(A)(ii)". (c) Survival Rights To Petition .-Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection: "(h) The legal termination of a marriage may not be the sole basis for revocation under section 205 of a petition filed under subsection (a)(1)(A)(iii) or a petition filed under subsection (a)(1)(B)(ii) pursuant to conditions described in subsection (a)(1)(A)(iii)(I).". (d) Effective Date .-The amendments made by this section shall take effect January 1, 1995. SEC. 40702. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER APPLICATIONS. (a) In General .-Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by inserting after the second sentence the following: "In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.". (b) Effective Date .-The amendment made by subsection (a) shall take effect on the date of enactment of this Act and shall apply to applications made before, on, or after such date. SEC. 40703. SUSPENSION OF DEPORTATION. (a) Battered Spouse or Child .-Section 244(a) of the Immigration and Nationality Act (8 U.S.C. 1254(a)) is amended- (1) by striking "or" at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting "; or"; and (3) by inserting after paragraph (2) the following: "(3) is deportable under any law of the United States except section 241(a)(1)(G) and the provisions specified in paragraph (2); has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such application; has been battered or subjected to extreme cruelty in the United States by a spouse or parent who is a United States citizen or lawful permanent resident (or is the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or permanent resident parent); and proves that during all of such time in the United States the alien was and is a person of good moral character; and is a person whose deportation would, in the opinion of the Attorney General, result in extreme hardship to the alien or the alien's parent or child.". (b) Consideration of Evidence .-Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254) is amended by adding at the end the following new subsection: "(g) In acting on applications under subsection (a)(3), the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.".