*"2248. Mandatory restitution.". * * (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN.-(1) CHAPTER 110 * *OF TITLE 18, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THEREOF* *THE FOLLOWING: * *"2259. Mandatory restitution * * "(a) IN GENERAL.-NOTWITHSTANDING THE TERMS OF SECTION 3663 OF THIS * *TITLE, AND IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL PENALTY AUTHORIZED* *BY LAW, THE COURT SHALL ORDER RESTITUTION FOR ANY OFFENSE UNDER THIS * *CHAPTER. * * "(B) SCOPE AND NATURE OF ORDER.-(1) THE ORDER OF RESTITUTION UNDER * *THIS SECTION SHALL DIRECT THAT- * * "(A) THE DEFENDANT PAY TO THE VICTIM (THROUGH THE APPROPRIATE * * COURT MECHANISM) THE FULL AMOUNT OF THE VICTIM'S LOSSES AS * * DETERMINED BY THE COURT, PURSUANT TO PARAGRAPH (2); AND * * "(B) THE UNITED STATES ATTORNEY ENFORCE THE RESTITUTION ORDER BY * * ALL AVAILABLE AND REASONABLE MEANS. * * "(2) 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; * * "(C) NECESSARY TRANSPORTATION, TEMPORARY HOUSING, AND CHILD CARE * * EXPENSES; * * "(D) LOST INCOME; * * "(E) ATTORNEYS' FEES, EXPERT WITNESS AND INVESTIGATORS' FEES, * * INTERPRETIVE SERVICES, AND COURT COSTS; AND * * "(F) ANY OTHER LOSSES SUFFERED BY THE VICTIM AS A PROXIMATE RESULT* * OF THE OFFENSE. * * "(3) 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)(A) 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) 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) 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) 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 FOR THE VICTIM'S OTHER LOSSES BEFORE ANY RESTITUTION IS PAID TO * *ANY OTHER PROVIDER OF COMPENSATION. * * "(5) 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) WITHIN 60 DAYS AFTER CONVICTION AND, IN ANY * *EVENT, NO LATER THAN 10 DAYS PRIOR TO SENTENCING, THE UNITED STATES * *ATTORNEY (OR THE UNITED STATES ATTORNEY'S 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 THE UNITED * *STATES ATTORNEY'S DELEGEE) AND THE VICTIM. SHOULD THE VICTIM OBJECT TO * *ANY OF THE INFORMATION INCLUDED IN THE AFFIDAVIT, THE UNITED STATES * *ATTORNEY (OR THE UNITED STATES ATTORNEY'S DELEGEE) SHALL ADVISE THE * *VICTIM THAT THE VICTIM MAY FILE A SEPARATE AFFIDAVIT AND SHALL PROVIDE * *THE VICTIM WITH AN AFFIDAVIT FORM WHICH MAY BE USED TO DO SO. * * "(2) 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 THE UNITED STATES * *ATTORNEY'S DELEGEE) TO SUBMIT FURTHER AFFIDAVITS OR OTHER SUPPORTING * *DOCUMENTS, DEMONSTRATING THE VICTIM'S LOSSES. * * "(3) 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. * * "(4) 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 THE UNITED STATES ATTORNEY'S 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) DEFINITIONS.-FOR PURPOSES OF THIS SECTION, THE TERM 'VICTIM' * *INCLUDES THE INDIVIDUAL HARMED 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: * *Provided, That in no event shall the defendant be named as such * *representative or guardian.". * * (2) The table of sections for chapter 110 of title 18, United States * *Code, is amended by adding at the end thereof the following: * *"2259. Mandatory restitution.". * *SEC. 3214. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS. * * There is authorized to be appropriated for fiscal year 1994, * *$1,500,000 for the United States Attorneys for the purpose of appointing* *Victim/Witness Counselors for the prosecution of sex crimes and domestic* *violence crimes where applicable (such as the District of Columbia). * *Subtitle B-Law Enforcement and Prosecution Grants to Reduce Violent * *Crimes Against Women * *SEC. 3221. 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.), AS AMENDED BY SECTION 4 OF PUBLIC * *LAW 102-521 (106 STAT. 3404), IS AMENDED BY- * * (1) REDESIGNATING PART Q AS PART R; * * (2) REDESIGNATING SECTION 1701 AS SECTION 1801; AND * * (3) ADDING AFTER PART P THE FOLLOWING NEW PART: * *"PART Q-GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN * *"SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS. * * "(a) GENERAL PROGRAM PURPOSE.-THE PURPOSE OF THIS PART IS TO ASSIST * *STATES, INDIAN TRIBES, 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. 1711. HIGH INTENSITY GRANTS. * * "(a) IN GENERAL.-THE DIRECTOR OF THE BUREAU OF JUSTICE ASSISTANCE * *(REFERRED TO IN THIS PART AS THE 'DIRECTOR') SHALL MAKE GRANTS TO AREAS * *OF 'HIGH INTENSITY CRIME' AGAINST WOMEN. * * "(B) DEFINITION.-FOR PURPOSES OF THIS PART, '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 1712. * *"SEC. 1712. 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 (WITHOUT REGARD TO THE RELATIONSHIP BETWEEN THE CRIME VICTIM * *AND THE OFFENDERS). * * "(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 AT LEAST 3 OF THE PURPOSES OUTLINED IN SECTION* * 1701(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,* * WITHOUT DUPLICATION, 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- * * "(1) INCLUDE 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; * * "(C) EXPECTED RESULTS FROM THE USE OF GRANT FUNDS; AND * * "(D) DEMOGRAPHIC CHARACTERISTICS OF THE POPULATION TO BE * * SERVED, INCLUDING AGE, MARITAL STATUS, DISABILITY, RACE, * * ETHNICITY, AND LANGUAGE BACKGROUND; AND * * "(2) INCLUDE PROOF OF COMPLIANCE WITH THE REQUIREMENTS FOR THE * * PAYMENT OF FORENSIC MEDICAL EXAMS PROVIDED IN SECTION 162 OF THIS * * TITLE. * * "(F) DISBURSEMENT.- * * "(1) 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) IN DISBURSING MONIES UNDER THIS SUBPART, THE DIRECTOR SHALL * * ISSUE REGULATIONS TO ENSURE THAT GRANTEES- * * "(A) EQUITABLY DISTRIBUTE FUNDS ON A GEOGRAPHIC BASIS; * * "(B) DETERMINE THE AMOUNT OF SUBGRANTS BASED ON THE POPULATION* * TO BE SERVED; * * "(C) GIVE PRIORITY TO AREAS WITH THE GREATEST SHOWING OF NEED;* * AND * * "(D) RECOGNIZE AND ADDRESS THE NEEDS OF UNDERSERVED * * POPULATIONS. * * "(G) GRANTEE REPORTING.-(1) 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. "(2) A SECTION OF THE PERFORMANCE REPORT SHALL * *BE COMPLETED BY EACH GRANTEE OR SUBGRANTEE PERFORMING THE SERVICES * *CONTEMPLATED IN THE GRANT APPLICATION, CERTIFYING PERFORMANCE OF THE * *SERVICES UNDER THE GRANTS. * * "(3) THE DIRECTOR SHALL SUSPEND FUNDING FOR AN APPROVED APPLICATION IF* *AN APPLICANT FAILS TO SUBMIT AN ANNUAL PERFORMANCE REPORT OR IF FUNDS * *ARE EXPENDED FOR PURPOSES OTHER THAN THOSE SET FORTH UNDER THIS SUBPART.* *FEDERAL FUNDS MAY BE USED TO SUPPLEMENT, NOT SUPPLANT, STATE FUNDS. * *"Subpart 2-Other Grants to States To Combat Violent Crimes Against Women* *"SEC. 1721. GENERAL GRANTS TO STATES. * * "(a) GENERAL GRANTS.-THE DIRECTOR MAY 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 1701(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 AT LEAST 3 OF THE PURPOSES OUTLINED IN SECTION* * 1701(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,* * WITHOUT DUPLICATION, TO EACH OF THE FOLLOWING THREE 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- * * "(1) INCLUDE 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; * * "(C) EXPECTED RESULTS FROM THE USE OF GRANT FUNDS; AND * * "(D) DEMOGRAPHIC CHARACTERISTICS OF THE POPULATIONS TO BE * * SERVED, INCLUDING AGE, MARITAL STATUS, DISABILITY, RACE, * * ETHNICITY AND LANGUAGE BACKGROUND; AND * * "(2) PROOF OF COMPLIANCE WITH THE REQUIREMENTS FOR THE PAYMENT OF * * FORENSIC MEDICAL EXAMS PROVIDED IN SECTION 162 OF THIS TITLE. * * "(E) DISBURSEMENT.-(1) 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) IN DISBURSING MONIES UNDER THIS SUBPART, THE DIRECTOR SHALL ISSUE* *REGULATIONS TO ENSURE THAT STATES WILL- * * "(A) GIVE PRIORITY TO AREAS WITH THE GREATEST SHOWING OF NEED; * * "(B) DETERMINE THE AMOUNT OF SUBGRANTS BASED ON THE POPULATION AND* * GEOGRAPHIC AREA TO BE SERVED; * * "(C) EQUITABLY DISTRIBUTE MONIES ON A GEOGRAPHIC BASIS INCLUDING * * NONURBAN AND RURAL AREAS, AND GIVING PRIORITY TO LOCALITIES WITH * * POPULATIONS UNDER 100,000; AND * * "(D) RECOGNIZE AND ADDRESS THE NEEDS OF UNDERSERVED POPULATIONS. * * "(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. A SECTION OF THIS PERFORMANCE REPORT SHALL BE * *COMPLETED BY EACH GRANTEE AND SUBGRANTEE THAT PERFORMED THE DIRECT * *SERVICES CONTEMPLATED IN THE APPLICATION, CERTIFYING PERFORMANCE OF * *DIRECT SERVICES UNDER THE GRANT. THE DIRECTOR SHALL SUSPEND FUNDING FOR * *AN APPROVED APPLICATION IF AN APPLICANT FAILS TO SUBMIT AN ANNUAL * *PERFORMANCE REPORT OR IF FUNDS ARE EXPENDED FOR PURPOSES OTHER THAN * *THOSE SET FORTH UNDER THIS SUBPART. FEDERAL FUNDS MAY ONLY BE USED TO * *SUPPLEMENT, NOT SUPPLANT, STATE FUNDS. * *"SEC. 1722. 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 1701(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 AT LEAST 3 OF THE PURPOSES OUTLINED IN SECTION* * 1701(B); * * "(2) GRANTEES AND SUBGRANTEES SHALL DEVELOP A PLAN FOR * * IMPLEMENTATION, AND OTHERWISE CONSULT AND COORDINATE WITH NONPROFIT;* * AND * * "(3) 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) 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 UNDER * *SECTION 201 OF PUBLIC LAW 90-284 (25 U.S.C. 1301) OR PART 11 OF TITLE * *25, CODE OF FEDERAL REGULATIONS. * * "(2) 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 VICTIM * *SERVICES AVAILABLE IN THE INDIAN COUNTRY WHERE THE GRANT WILL BE USED. * * "(3) 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 TRIBAL 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. A SECTION* *OF THIS PERFORMANCE REPORT SHALL BE COMPLETED BY EACH GRANTEE OR * *SUBGRANTEE THAT PERFORMED THE DIRECT SERVICES CONTEMPLATED IN THE * *APPLICATION, CERTIFYING PERFORMANCE OF DIRECT SERVICES UNDER THE GRANT. * *THE DIRECTOR SHALL SUSPEND FUNDING FOR AN APPROVED APPLICATION IF AN * *APPLICANT FAILS TO SUBMIT AN ANNUAL PERFORMANCE REPORT OR IF FUNDS ARE * *EXPENDED FOR PURPOSES OTHER THAN THOSE SET FORTH UNDER THIS SUBPART. * *FEDERAL FUNDS MAY ONLY BE USED TO SUPPLEMENT, NOT SUPPLANT, STATE FUNDS.* * "(F) DEFINITIONS.-(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. * * "(2) THE TERM 'INDIAN COUNTRY' HAS THE MEANING STATED IN SECTION 1151 * *OF TITLE 18, UNITED STATES CODE. * *"Subpart 3-General Terms and Conditions * *"SEC. 1731. GENERAL DEFINITIONS. * * "As used in this part- * * "(1) the term 'victim services' means any nongovernmental * * nonprofit organization that assists victims, including rape crisis * * centers, battered women's shelters, or other rape or domestic * * violence programs, including nonprofit nongovernmental organizations* * assisting victims through the legal process; * * "(2) the term 'prosecution' means any public agency charged with * * direct responsibility for prosecuting criminal offenders, including * * such agency's component bureaus (such as governmental * * victim/witness programs); * * "(3) the term 'law enforcement' means any public agency charged * * with policing functions, including any of its component bureaus * * (such as governmental victim services programs); * * "(4) 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; * * "(5) the term 'domestic violence' includes felony or 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,* * a person similarly situated to a spouse of the victim under the * * domestic or family violence laws of the jurisdiction receiving grant* * monies, or committed by any other adult person upon a victim who is * * protected from that person's acts under the domestic or family * * violence laws of the jurisdiction receiving grant monies; and * * "(6) the term 'underserved populations' includes populations * * underserved because of geographic location (such as rural * * isolation), underserved racial or ethnic populations, and * * populations underserved because of special needs, such as language * * barriers or physical disabilities. * *"SEC. 1732. 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; * * "(3) A STATISTICAL SUMMARY OF PERSONS SERVED, DETAILING THE NATURE* * OF VICTIMIZATION, AND PROVIDING DATA ON AGE, SEX, RELATIONSHIP OF * * VICTIM TO OFFENDER, GEOGRAPHIC DISTRIBUTION, RACE, ETHNICITY, * * LANGUAGE, AND DISABILITY; AND * * "(4) A COPY OF EACH GRANTEE REPORT FILED PURSUANT TO SECTIONS * * 1712(G), 1721(F) AND 1722(C). * * "(C) REGULATIONS.-NO LATER THAN 90 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 FISCAL YEARS 1994, 1995, AND 1996, $100,000,000* *TO CARRY OUT SUBPART 1, AND $190,000,000 TO CARRY OUT SUBPART 2, AND * *$10,000,000 TO CARRY OUT SECTION 1722 OF SUBPART 2.". * * (B) TECHNICAL AMENDMENT.-THE TABLE OF CONTENTS OF TITLE I OF THE * *OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 (42 U.S.C. 3711 ET * *SEQ.) IS AMENDED BY STRIKING THE MATTER RELATING TO PART Q AND INSERTING* *THE FOLLOWING: * *"PART Q-GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN * *"Sec. 1701. Purpose of the program and grants. * *"SUBPART 1-HIGH INTENSITY CRIME AREA GRANTS * *"Sec. 1711. High intensity grants. * *"Sec. 1712. High intensity grant application. * *"SUBPART 2-OTHER GRANTS TO STATES TO COMBAT VIOLENT CRIMES AGAINST WOMEN* *"Sec. 1721. General grants to States. * *"Sec. 1722. General grants to tribes. * *"SUBPART 3-GENERAL TERMS AND CONDITIONS * *"Sec. 1731. General definitions. * *"Sec. 1732. General terms and conditions. * *"PART R-TRANSITION-EFFECTIVE DATE-REPEALER * *"Sec. 1801. Continuation of rules, authorities, and proceedings.". * *Subtitle C-Safety for Women in Public Transit and Public Parks * *SEC. 3231. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC * *TRANSPORTATION. * * Section 24 of the Urban Mass Transportation Act of 1964 (49 U.S.C. * *App. 1620) is amended to read as follows: * *"GRANTS TO PREVENT CRIME IN PUBLIC TRANSPORTATION * * "SEC. 24. (A) GENERAL PURPOSE.-FROM FUNDS AUTHORIZED UNDER SECTION 21,* *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 TITLES XXXI * *THROUGH XXXVII 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) 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) 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, ETHNICITY, LANGUAGE, 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. 3232. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN NATIONAL * *PARKS. * * Public Law 91-383 (commonly known as the National Park System * *Improvements in Administration Act) (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, not to exceed $10,000,000, the Secretary* *of the Interior may 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 * *purposes: * * "(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. * * "(4) Any other project intended to increase the security and * * safety of public parks and recreation areas.". * *SEC. 3233. 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.-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 FOLLOWING TYPES OF PROJECTS OR * *COMBINATIONS THEREOF: * * "(1) FOR THE PURPOSE OF MAKING CAPITAL IMPROVEMENTS AND OTHER * * MEASURES TO INCREASE SAFETY IN URBAN PARKS AND RECREATION AREAS, * * INCLUDING FUNDS TO- * * "(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) FUND ANY OTHER PROJECT INTENDED TO INCREASE THE SECURITY * * AND SAFETY OF PUBLIC PARKS AND RECREATION AREAS. * * "(2) 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) NOTWITHSTANDING SUBSECTION (C), THE SECRETARY MAY 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 Violence Against Women * *SEC. 3241. ESTABLISHMENT. * * Not later than 30 days after the date of enactment of this Act, there * *shall be established a commission to be known as the National Commission* *on Violence Against Women (referred to in this subtitle as the * *"Commission"). * *SEC. 3242. GENERAL PURPOSES OF COMMISSION. * * (a) GENERAL PURPOSE OF THE COMMISSION.-THE COMMISSION SHALL RECOMMEND * *FEDERAL, STATE, AND LOCAL STRATEGIES FOR PREVENTING AND SANCTIONING * *VIOLENT CRIME AGAINST WOMEN, INCLUDING THE ENHANCEMENT AND PROTECTION OF* *THE RIGHTS OF THE VICTIMS OF SUCH CRIMES. * * (B) FUNCTIONS.-THE PURPOSE OF THE COMMISSION SHALL INCLUDE- * * (1) EVALUATING 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 AND TO * * PUNISH THOSE RESPONSIBLE FOR SUCH CRIME; * * (2) EVALUATING THE ADEQUACY OF, AND MAKE RECOMMENDATIONS * * REGARDING, THE RESPONSIVENESS OF STATE PROSECUTORS AND STATE COURTS * * TO VIOLENT CRIMES AGAINST WOMEN; * * (3) EVALUATING THE ADEQUACY OF RULES OF EVIDENCE, PRACTICE AND * * PROCEDURE TO ENSURE THE EFFECTIVE PROSECUTION AND CONVICTION OF * * VIOLENT OFFENDERS AGAINST WOMEN AND TO PROTECT VICTIMS FROM ABUSE IN* * LEGAL PROCEEDINGS, MAKING RECOMMENDATIONS, WHERE NECESSARY, TO * * IMPROVE THOSE RULES; * * (4) EVALUATING THE ADEQUACY OF PRETRIAL RELEASE, SENTENCING, * * INCARCERATION, AND POST-CONVICTION RELEASE FOR CRIMES THAT * * PREDOMINANTLY AFFECT WOMEN, SUCH AS RAPE AND DOMESTIC VIOLENCE; * * (5) EVALUATING THE ADEQUACY OF, AND 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, * * INCLUDING SEXUAL ASSAULTS AND OTHER SEX OFFENSES COMMITTED BY * * OFFENDERS WHO ARE KNOWN OR RELATED BY BLOOD OR MARRIAGE TO THE * * VICTIM; * * (6) EVALUATING THE ADEQUACY OF, AND 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; * * (7) EVALUATING THE ADEQUACY OF, AND MAKE RECOMMENDATIONS * * REGARDING, THE ADEQUACY OF CURRENT EDUCATION, PREVENTION, AND * * PROTECTION SERVICES FOR WOMEN VICTIMS OF VIOLENT CRIMES; * * (8) ASSESSING THE ISSUANCE, FORMULATION, AND ENFORCEMENT OF * * PROTECTIVE ORDERS, WHETHER OR NOT RELATED TO A CRIMINAL PROCEEDING, * * AND MAKING RECOMMENDATIONS FOR THEIR MORE EFFECTIVE USE IN DOMESTIC * * VIOLENCE AND STALKING CASES; * * (9) ASSESSING THE PROBLEM OF STALKING AND PERSISTENT MENACING AND * * RECOMMENDING EFFECTIVE MEANS OF RESPONSE TO THE PROBLEM; AND * * (10) EVALUATING THE ADEQUACY OF, AND MAKE RECOMMENDATIONS * * REGARDING, THE NATIONAL PUBLIC AWARENESS AND THE PUBLIC * * DISSEMINATION OF INFORMATION ESSENTIAL TO THE PREVENTION OF VIOLENT * * CRIMES AGAINST WOMEN. * *SEC. 3243. MEMBERSHIP. * * (a) IN GENERAL.-THE COMMISSION SHALL CONSIST OF 12 MEMBERS, AS * *FOLLOWS: * * (1) PRESIDENT.-FOUR INDIVIDUALS, NOT MORE THAN TWO OF WHOM SHALL * * BE OF THE SAME MAJOR POLITICAL PARTY. * * (2) SENATE.-FOUR INDIVIDUALS, TWO APPOINTED BY THE MAJORITY LEADER* * AND TWO BY THE MINORITY LEADER. * * (3) HOUSE OF REPRESENTATIVES.-FOUR INDIVIDUALS, TWO APPOINTED BY * * THE MAJORITY LEADER AND TWO BY THE MINORITY LEADER. * * (B) REPRESENTATION.-THE COMMISSION MEMBERS SHALL BE CHOSEN BASED ON * *THEIR EDUCATION, TRAINING, OR EXPERIENCE, AND SHALL INCLUDE * *REPRESENTATIVES OF STATE AND LOCAL LAW ENFORCEMENT, JUDICIAL * *ADMINISTRATION, PROSECUTION, LEGAL EXPERTS, PERSONS DEVOTED TO THE * *PROTECTION OF VICTIMS' RIGHTS, PERSONS PROVIDING SERVICES TO THE VICTIMS* *OF SEXUAL ASSAULT OR DOMESTIC VIOLENCE, AND SURVIVORS OF VIOLENCE. * * (C) VACANCIES.-A VACANCY ON THE COMMISSION SHALL BE FILLED IN THE * *MANNER IN WHICH THE ORIGINAL APPOINTMENT WAS MADE. * *SEC. 3244. COMMISSION OPERATIONS. * * (a) MEETINGS.-THE COMMISSION SHALL HOLD ITS FIRST MEETING NOT LATER * *THAN 90 DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT. AFTER THE INITIAL * *MEETING, THE COMMISSION SHALL MEET AT LEAST 6 TIMES. * * (B) CHAIR.-NOT LATER THAN 15 DAYS AFTER THE MEMBERS OF THE COMMISSION * *ARE APPOINTED, THE PRESIDENT SHALL DESIGNATE A CHAIR FROM AMONG THE * *MEMBERS OF THE COMMISSION. * * (C) 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. * * (D) PER DIEM.-EXCEPT AS PROVIDED IN SUBSECTION (C), MEMBERS OF THE * *COMMISSION SHALL BE ALLOWED TRAVEL AND OTHER EXPENSES INCLUDING PER DIEM* *IN LIEU OF SUBSISTENCE, AT RATES AUTHORIZED FOR EMPLOYEES OF AGENCIES * *UNDER SECTIONS 5702 AND 5703 OF TITLE 5, UNITED STATES CODE. * *SEC. 3245. REPORTS. * * (a) IN GENERAL.-NOT LATER THAN 1 YEAR AFTER THE DATE ON WHICH THE * *COMMISSION IS FULLY CONSTITUTED UNDER SECTION 3243, THE COMMISSION SHALL* *PREPARE AND SUBMIT A FINAL REPORT TO THE PRESIDENT, THE SENATE MAJORITY * *LEADER, THE SENATE REPUBLICAN LEADER, THE HOUSE MAJORITY LEADER, THE * *HOUSE REPUBLICAN LEADER, AND TO THE CONGRESSIONAL COMMITTEES THAT HAVE * *JURISDICTION OVER LEGISLATION ADDRESSING VIOLENT CRIMES AGAINST WOMEN, * *INCLUDING THE CRIMES OF DOMESTIC AND SEXUAL ASSAULT. * * (B) CONTENTS.-THE FINAL REPORT SUBMITTED UNDER PARAGRAPH (1) SHALL * *CONTAIN A DETAILED STATEMENT OF THE ACTIVITIES OF THE COMMISSION AND OF * *THE FINDINGS AND CONCLUSIONS OF THE COMMISSION, INCLUDING SUCH * *RECOMMENDATIONS FOR LEGISLATION AND ADMINISTRATIVE ACTION AS THE * *COMMISSION CONSIDERS APPROPRIATE. * *SEC. 3246. EXECUTIVE DIRECTOR AND STAFF. * * (a) EXECUTIVE DIRECTOR.- * * (1) APPOINTMENT.-THE COMMISSION SHALL HAVE AN EXECUTIVE DIRECTOR * * WHO SHALL BE APPOINTED BY THE CHAIR, WITH THE APPROVAL OF THE * * COMMISSION, NOT LATER THAN 30 DAYS AFTER THE CHAIR IS SELECTED. * * (2) COMPENSATION.-THE EXECUTIVE DIRECTOR SHALL BE COMPENSATED AT A* * RATE NOT TO EXCEED THE MAXIMUM RATE OF THE BASIC PAY PAYABLE FOR A * * POSITION ABOVE GS-15 OF THE GENERAL SCHEDULE CONTAINED IN TITLE 5, * * UNITED STATES CODE. * * (B) STAFF.-WITH THE APPROVAL OF THE 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. 3247. 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 REQUEST DIRECTLY FROM * *ANY EXECUTIVE DEPARTMENT OR AGENCY SUCH INFORMATION AS MAY BE NECESSARY * *TO ENABLE THE COMMISSION TO CARRY OUT THIS SUBTITLE, ON THE REQUEST OF * *THE CHAIR OF 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. 3248. AUTHORIZATION OF APPROPRIATIONS. * * There is authorized to be appropriated to carry out this subtitle * *$500,000 for fiscal year 1994. * *SEC. 3249. TERMINATION. * * The Commission shall cease to exist 30 days after the date on which * *its final report is submitted under section 3244. * *Subtitle E-New Evidentiary Rules * *SEC. 3251. SEXUAL HISTORY IN ALL CRIMINAL CASES. * * (a) RULE.-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) REPUTATION AND OPINION EVIDENCE EXCLUDED.-NOTWITHSTANDING ANY * *OTHER 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) ADMISSIBILITY.-NOTWITHSTANDING ANY OTHER 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) PROCEDURES.-(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 THE 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 THE DEFENDANT SEEKS TO OFFER IS * *RELEVANT, NOT EXCLUDED BY ANY OTHER EVIDENTIARY RULE, 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.". * * (B) TECHNICAL AMENDMENT.-THE TABLE OF CONTENTS FOR THE FEDERAL RULES * *OF EVIDENCE IS AMENDED BY INSERTING AFTER THE ITEM RELATING TO RULE 412 * *THE FOLLOWING NEW ITEM: * *"412A. Evidence of victim's past behavior in other criminal cases: * * "(a) Reputation and opinion evidence excluded. * * "(b) Admissibility. * * "(c) Procedures.". * *SEC. 3252. SEXUAL HISTORY IN CIVIL CASES. * * (a) RULE.-THE FEDERAL RULES OF EVIDENCE, AS AMENDED BY SECTION 3251, * *ARE AMENDED BY ADDING AFTER RULE 412A THE FOLLOWING NEW RULE: * *"Rule 412B. Evidence of past sexual behavior in civil cases * * "(a) REPUTATION AND OPINION EVIDENCE EXCLUDED.-NOTWITHSTANDING ANY * *OTHER LAW, IN A CIVIL CASE IN WHICH A DEFENDANT IS ACCUSED OF ACTIONABLE* *SEXUAL MISCONDUCT, REPUTATION OR OPINION EVIDENCE OF THE PLAINTIFF'S * *PAST SEXUAL BEHAVIOR IS NOT ADMISSIBLE. * * "(B) ADMISSIBLE EVIDENCE.-NOTWITHSTANDING ANY OTHER LAW, IN A CIVIL * *CASE IN WHICH A DEFENDANT IS ACCUSED OF ACTIONABLE SEXUAL MISCONDUCT, * *EVIDENCE OF A PLAINTIFF'S PAST SEXUAL BEHAVIOR OTHER THAN REPUTATION OR * *OPINION EVIDENCE MAY BE ADMISSIBLE IF- * * "(1) IT 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) PROCEDURES.-(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 THE 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 THAT 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* *THE PURPOSE, SHALL ACCEPT EVIDENCE ON THE ISSUE OF WHETHER THE 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 THE DEFENDANT SEEKS TO OFFER IS RELEVANT* *AND NOT EXCLUDED BY ANY OTHER EVIDENTIARY RULE, AND THAT THE PROBATIVE * *VALUE OF THE EVIDENCE OUTWEIGHS THE DANGER OF UNFAIR PREJUDICE, THE * *EVIDENCE SHALL BE ADMISSIBLE IN THE TRIAL TO THE EXTENT AN ORDER MADE BY* *THE COURT SPECIFIES EVIDENCE THAT 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) DEFINITIONS.-FOR PURPOSES OF THIS RULE, A CASE INVOLVING A CLAIM * *OF ACTIONABLE SEXUAL MISCONDUCT, INCLUDES SEXUAL HARASSMENT OR SEX * *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 XXXIV OF THE VIOLENCE AGAINST WOMEN ACT OF 1993.". * * (B) TECHNICAL AMENDMENT.-THE TABLE OF CONTENTS FOR THE FEDERAL RULES * *OF EVIDENCE, AS AMENDED BY SECTION 3251, IS AMENDED BY INSERTING AFTER * *THE ITEM RELATING TO RULE 412A THE FOLLOWING NEW ITEM: *