*"412B. Evidence of past sexual behavior in civil cases: * * "(a) Reputation and opinion evidence excluded. * * "(b) Admissible evidence. * * "(c) Procedures. * * "(d) Definitions.". * *SEC. 3253. AMENDMENTS TO RAPE SHIELD LAW. * * (a) RULE.-RULE 412 OF THE FEDERAL RULES OF EVIDENCE IS AMENDED- * * (1) BY ADDING AT THE END THE FOLLOWING NEW SUBDIVISIONS: * * "(E) INTERLOCUTORY APPEAL.-NOTWITHSTANDING ANY OTHER LAW, ANY * *EVIDENTIARY RULINGS MADE PURSUANT TO THIS RULE ARE SUBJECT TO * *INTERLOCUTORY APPEAL BY THE GOVERNMENT OR BY THE ALLEGED VICTIM. * * "(F) RULE OF RELEVANCE AND PRIVILEGE.-IF THE PROSECUTION SEEKS TO * *OFFER EVIDENCE OF PRIOR SEXUAL HISTORY, THE PROVISIONS OF THIS RULE MAY * *BE WAIVED BY THE ALLEGED VICTIM."; AND * * (2) BY ADDING AT THE END OF SUBDIVISION (C)(3) THE FOLLOWING: "IN * * ITS ORDER, THE COURT SHOULD CONSIDER (A) THE CHAIN OF REASONING * * LEADING TO ITS FINDING OF RELEVANCE; AND (B) WHY THE PROBATIVE VALUE* * OF THE EVIDENCE OUTWEIGHS THE DANGER OF UNFAIR PREJUDICE GIVEN THE * * POTENTIAL OF THE EVIDENCE TO HUMILIATE AND EMBARRASS THE ALLEGED * * VICTIM AND TO RESULT IN UNFAIR OR BIASED JURY INFERENCES.". * * (B) TECHNICAL AMENDMENT.-THE TABLE OF CONTENTS FOR THE FEDERAL RULES * *OF EVIDENCE IS AMENDED BY ADDING AT THE END THE ITEM RELATING TO RULE * *412 THE FOLLOWING: * * "(e) Interlocutory appeal. * * "(f) Rule of relevance and privilege.". * *SEC. 3254. EVIDENCE OF CLOTHING. * * (a) RULE.-THE FEDERAL RULES OF EVIDENCE, AS AMENDED BY SECTION 3252, * *ARE AMENDED BY ADDING AFTER RULE 412B THE FOLLOWING NEW RULE: * *"Rule 413. Evidence of victim's clothing as inciting violence * * "Notwithstanding any other law, in a criminal case in which a person * *is accused of an offense under chapter 109A of title 18, United States * *Code, evidence of an alleged victim's clothing is not admissible to show* *that the alleged victim incited or invited the offense charged.". * * (b) TECHNICAL AMENDMENT.-THE TABLE OF CONTENTS FOR THE FEDERAL RULES * *OF EVIDENCE, AS AMENDED BY SECTION 3252, IS AMENDED BY INSERTING AFTER * *THE ITEM RELATING TO RULE 412B THE FOLLOWING NEW ITEM: * *"413. Evidence of victim's clothing as inciting violence.". * *Subtitle F-Assistance to Victims of Sexual Assault * *SEC. 3261. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS * *AGAINST WOMEN. * * Part A of title XIX of the Public Health and Health Services Act (42 * *U.S.C. 300w et seq.) is amended by adding at the end the following new * *section: * *"SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION. * * "(a) PERMITTED USE.-NOTWITHSTANDING SECTION 1904(A)(1), AMOUNTS * *TRANSFERRED BY THE STATE FOR USE UNDER THIS PART MAY BE USED FOR RAPE * *PREVENTION AND EDUCATION PROGRAMS CONDUCTED BY RAPE CRISIS CENTERS OR * *SIMILAR NONGOVERNMENTAL NONPROFIT ENTITIES, WHICH PROGRAMS MAY INCLUDE- * * "(1) EDUCATIONAL SEMINARS; * * "(2) THE OPERATION OF HOTLINES; * * "(3) TRAINING PROGRAMS FOR PROFESSIONALS; * * "(4) THE PREPARATION OF INFORMATIONAL MATERIALS; AND * * "(5) OTHER EFFORTS TO INCREASE AWARENESS OF THE FACTS ABOUT, OR TO* * HELP PREVENT, SEXUAL ASSAULT, INCLUDING EFFORTS TO INCREASE * * AWARENESS IN UNDERSERVED RACIAL, ETHNIC, AND LANGUAGE MINORITY * * COMMUNITIES. * * "(B) TARGETING OF EDUCATION PROGRAMS.-STATES PROVIDING GRANT MONIES * *MUST ENSURE THAT AT LEAST 25 PERCENT OF THE MONIES ARE DEVOTED TO * *EDUCATION PROGRAMS TARGETED FOR MIDDLE SCHOOL, JUNIOR HIGH SCHOOL, AND * *HIGH SCHOOL STUDENTS. * * "(C) AUTHORIZATION OF APPROPRIATIONS.-THERE ARE AUTHORIZED TO BE * *APPROPRIATED TO CARRY OUT THIS SECTION $65,000,000 FOR EACH OF FISCAL * *YEARS 1994, 1995, AND 1996. * * "(D) LIMITATION.-FUNDS AUTHORIZED UNDER THIS SECTION MAY ONLY BE USED * *FOR PROVIDING RAPE PREVENTION AND EDUCATION PROGRAMS. * * "(E) DEFINITION.-FOR PURPOSES OF THIS SECTION, THE TERM 'RAPE * *PREVENTION AND EDUCATION' INCLUDES EDUCATION AND PREVENTION EFFORTS * *DIRECTED AT OFFENSES COMMITTED BY OFFENDERS WHO ARE NOT KNOWN TO THE * *VICTIM AS WELL AS OFFENDERS WHO ARE KNOWN TO THE VICTIM. * * "(F) TERMS.-STATES SHALL BE ALLOTTED FUNDS UNDER THIS SECTION PURSUANT* *TO THE TERMS OF SECTIONS 1902 AND 1903, AND SUBJECT TO THE CONDITIONS * *PROVIDED IN THIS SECTION AND SECTIONS 1904 THROUGH 1909.". * *SEC. 3262. RAPE EXAM PAYMENTS. * * (a) No State or other grantee is entitled to funds under title XXXII * *of the Violence Against Women Act of 1993 unless the State or other * *grantee incurs the full cost of forensic medical exams for victims of * *sexual assault. A State or other grantee does not incur the full medical* *cost of forensic medical exams if it chooses to reimburse the victim * *after the fact unless the reimbursement program waives any minimum loss * *or deductible requirement, provides victim reimbursement within a * *reasonable time (90 days), permits applications for reimbursement within* *one year from the date of the exam, and provides information to all * *subjects of forensic medical exams about how to obtain reimbursement. * * (b) Within 90 days after the enactment of this Act, the Director of * *the Office of Victims of Crime shall propose regulations to implement * *this section, detailing qualified programs. Such regulations shall * *specify the type and form of information to be provided victims, * *including provisions for multilingual information, where appropriate. * *SEC. 3263. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF * *FEMALE RUNAWAY, HOMELESS, AND STREET YOUTH. * * Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et seq.) * *is amended by- * * (1) redesignating sections 316 and 317 as sections 317 and 318, * * respectively; and * * (2) inserting after section 315 the following new section: * *"GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION * * "SEC. 316. (a) IN GENERAL.-THE SECRETARY SHALL MAKE GRANTS UNDER THIS * *SECTION TO PRIVATE, NONPROFIT AGENCIES FOR STREET-BASED OUTREACH AND * *EDUCATION, INCLUDING TREATMENT, COUNSELING, AND INFORMATION AND * *REFERRAL, FOR FEMALE RUNAWAY, HOMELESS, AND STREET YOUTH WHO HAVE BEEN * *SUBJECTED TO OR ARE AT RISK OF BEING SUBJECTED TO SEXUAL ABUSE. * * "(B) PRIORITY.-IN SELECTING AMONG APPLICANTS FOR GRANTS UNDER * *SUBSECTION (A), THE SECRETARY SHALL GIVE PRIORITY TO AGENCIES THAT HAVE * *EXPERIENCE IN PROVIDING SERVICES TO FEMALE RUNAWAY, HOMELESS, AND STREET* *YOUTH. * * "(C) AUTHORIZATION OF APPROPRIATIONS.-THERE ARE AUTHORIZED TO BE * *APPROPRIATED TO CARRY OUT THIS SECTION $10,000,000 FOR EACH OF FISCAL * *YEARS 1994, 1995, AND 1996. * * "(D) DEFINITIONS.-FOR THE PURPOSES OF THIS SECTION- * * "(1) THE TERM 'STREET-BASED OUTREACH AND EDUCATION' INCLUDES * * EDUCATION AND PREVENTION EFFORTS DIRECTED AT OFFENSES COMMITTED BY * * OFFENDERS WHO ARE NOT KNOWN TO THE VICTIM AS WELL AS OFFENDERS WHO * * ARE KNOWN TO THE VICTIM; AND * * "(2) THE TERM 'STREET YOUTH' MEANS A FEMALE LESS THAN 21 YEARS OLD* * WHO SPENDS A SIGNIFICANT AMOUNT OF TIME ON THE STREET OR IN OTHER * * AREAS OF EXPOSURE TO ENCOUNTERS THAT MAY LEAD TO SEXUAL ABUSE.". * *SEC. 3264. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING. * * Rule 32 of the Federal Rules of Criminal Procedure is amended- * * (1) by striking "and" at the end of subdivision (a)(1)(B); * * (2) by striking the period at the end of subdivision (a)(1)(C) and* * inserting "; and"; * * (3) by inserting after subdivision (a)(1)(C) the following new * * subdivision: * * "(D) if sentence is to be imposed for a crime of violence or * * sexual abuse, address the victim personally if the victim is present* * at the sentencing hearing and determine if the victim wishes to make* * a statement and to present any information in relation to the * * sentence."; * * (4) in the penultimate sentence of subdivision (a)(1), by striking* * "equivalent opportunity" and inserting "opportunity equivalent to * * that of the defendant's counsel"; * * (5) in the last sentence of subdivision (a)(1) by inserting "the * * victim," before "or the attorney for the Government."; and * * (6) by adding at the end the following new subdivision: * * "(f) DEFINITIONS.-FOR PURPOSES OF THIS RULE- * * "(1) THE TERM 'VICTIM' MEANS ANY PERSON AGAINST WHOM AN OFFENSE * * FOR WHICH A SENTENCE IS TO BE IMPOSED HAS BEEN COMMITTED, BUT THE * * RIGHT OF ALLOCUTION UNDER SUBDIVISION (A)(1)(D) MAY BE EXERCISED * * INSTEAD BY- * * "(A) A PARENT OR LEGAL GUARDIAN IN CASE THE VICTIM IS BELOW * * THE AGE OF 18 YEARS OR INCOMPETENT; OR * * "(B) 1 OR MORE FAMILY MEMBERS OR RELATIVES DESIGNATED BY THE * * COURT IN CASE THE VICTIM IS DECEASED OR INCAPACITATED, * * IF SUCH PERSON OR PERSONS ARE PRESENT AT THE SENTENCING HEARING, * * REGARDLESS OF WHETHER THE VICTIM IS PRESENT; AND * * "(2) THE TERM 'CRIME OF VIOLENCE OR SEXUAL ABUSE' MEANS A CRIME * * THAT INVOLVED THE USE OR ATTEMPTED OR THREATENED USE OF PHYSICAL * * FORCE AGAINST THE PERSON OR PROPERTY OF ANOTHER, OR A CRIME UNDER * * CHAPTER 109A OF TITLE 18, UNITED STATES CODE.". * *TITLE XXXIII-SAFE HOMES FOR WOMEN * *SEC. 3301. SHORT TITLE. * * This title may be cited as the "Safe Homes for Women Act of 1993". * *Subtitle A-Family Violence Prevention and Services Act Amendments * *SEC. 3311. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE. * * The Family Violence Prevention and Services Act (42 U.S.C. 10401 et * *seq.) is amended by adding at the end the following new section: * *"SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT. * * "(a) IN GENERAL.-THE SECRETARY MAY AWARD A GRANT TO A PRIVATE, * *NONPROFIT ENTITY TO PROVIDE FOR THE OPERATION OF A NATIONAL, TOLL-FREE * *TELEPHONE HOTLINE TO PROVIDE INFORMATION AND ASSISTANCE TO VICTIMS OF * *DOMESTIC VIOLENCE. * * "(B) ACTIVITIES.-FUNDS RECEIVED BY AN ENTITY UNDER THIS SECTION SHALL * *BE UTILIZED TO OPEN AND OPERATE A NATIONAL, TOLL-FREE DOMESTIC VIOLENCE * *HOTLINE. SUCH FUNDS MAY BE USED FOR ACTIVITIES INCLUDING- * * "(1) CONTRACTING WITH A CARRIER FOR THE USE OF A TOLL-FREE * * TELEPHONE LINE; * * "(2) EMPLOYING, TRAINING AND SUPERVISING PERSONNEL TO ANSWER * * INCOMING CALLS AND PROVIDE COUNSELING AND REFERRAL SERVICES TO * * CALLERS ON A 24-HOUR-A-DAY BASIS; * * "(3) ASSEMBLING, MAINTAINING, AND CONTINUALLY UPDATING A DATABASE * * OF INFORMATION AND RESOURCES TO WHICH CALLERS MAY BE REFERRED * * THROUGHOUT THE UNITED STATES; AND * * "(4) PUBLICIZING THE HOTLINE TO POTENTIAL USERS THROUGHOUT THE * * UNITED STATES. * * "(C) APPLICATION.-A GRANT MAY NOT BE MADE UNDER THIS SECTION UNLESS * *AN APPLICATION FOR SUCH GRANT HAS BEEN APPROVED BY THE SECRETARY. TO BE * *APPROVED BY THE SECRETARY UNDER THIS SUBSECTION AN APPLICATION SHALL- * * "(1) PROVIDE SUCH AGREEMENTS, ASSURANCES, AND INFORMATION, BE IN * * SUCH FORM AND BE SUBMITTED IN SUCH MANNER AS THE SECRETARY SHALL * * PRESCRIBE THROUGH NOTICE IN THE FEDERAL REGISTER; * * "(2) INCLUDE A COMPLETE DESCRIPTION OF THE APPLICANT'S PLAN FOR * * THE OPERATION OF A NATIONAL DOMESTIC VIOLENCE HOTLINE, INCLUDING * * DESCRIPTIONS OF- * * "(A) THE TRAINING PROGRAM FOR HOTLINE PERSONNEL; * * "(B) THE HIRING CRITERIA FOR HOTLINE PERSONNEL; * * "(C) THE METHODS FOR THE CREATION, MAINTENANCE AND UPDATING OF* * A RESOURCE DATABASE; AND * * "(D) A PLAN FOR PUBLICIZING THE AVAILABILITY OF THE HOTLINE; * * "(3) DEMONSTRATE THAT THE APPLICANT HAS NATIONALLY RECOGNIZED * * EXPERTISE IN THE AREA OF DOMESTIC VIOLENCE AND A RECORD OF HIGH * * QUALITY SERVICE TO VICTIMS OF DOMESTIC VIOLENCE; AND * * "(4) CONTAIN SUCH OTHER INFORMATION AS THE SECRETARY MAY REQUIRE. * * "(D) SPECIAL CONSIDERATIONS.-IN CONSIDERING AN APPLICATION UNDER * *SUBSECTION (C), THE SECRETARY SHALL ALSO TAKE INTO ACCOUNT THE * *APPLICANT'S ABILITY TO OFFER MULTILINGUAL SERVICES AND SERVICES FOR THE * *HEARING IMPAIRED. * * "(E) AUTHORIZATION OF APPROPRIATIONS.-THERE ARE AUTHORIZED TO BE * *APPROPRIATED TO CARRY OUT THIS SECTION $500,000 FOR EACH OF FISCAL YEARS* *1994, 1995, AND 1996.". * *Subtitle B-Interstate Enforcement * *SEC. 3321. INTERSTATE ENFORCEMENT. * * (a) IN GENERAL.-PART 1 OF TITLE 18, UNITED STATES CODE, IS AMENDED BY * *INSERTING AFTER CHAPTER 110 THE FOLLOWING NEW CHAPTER: * *"CHAPTER 110A-VIOLENCE AGAINST SPOUSES * *"Sec. 2261. Traveling to commit spousal abuse. * *"Sec. 2262. Interstate violation of protection orders. * *"Sec. 2263. Interim protections. * *"Sec. 2264. Restitution. * *"Sec. 2265. Full faith and credit given to protection orders. * *"Sec. 2266. Definitions. * *"2261. Traveling to commit spousal abuse * * "(a) IN GENERAL.-ANY PERSON WHO TRAVELS ACROSS A STATE LINE WITH THE * *INTENT TO INJURE, HARASS, INTIMIDATE HIS OR HER SPOUSE OR INTIMATE * *PARTNERS AND WHO, IN THE COURSE OF OR AS A RESULT OF SUCH TRAVEL, * *COMMITS AN ACT THAT INJURES HIS OR HER SPOUSE OR INTIMATE PARTNER SHALL * *BE PUNISHED AS PROVIDED IN SUBSECTION (C). * * "(B) CAUSING THE CROSSING OF A STATE LINE.-ANY PERSON WHO CAUSES A * *SPOUSE OR INTIMATE PARTNER TO CROSS A STATE LINE BY FORCE, COERCION, * *DURESS OR FRAUD AND, IN THE COURSE OR AS A RESULT OF THAT CONDUCT, * *COMMITS AN ACT THAT INJURES HIS OR HER SPOUSE OR INTIMATE PARTNER SHALL * *BE PUNISHED AS PROVIDED IN SUBSECTION (C). * * "(C) PENALTIES.-A PERSON WHO VIOLATES THIS SECTION SHALL BE PUNISHED * *AS FOLLOWS: * * "(1) IF PERMANENT DISFIGUREMENT OR LIFE-THREATENING BODILY INJURY * * RESULTS, BY IMPRISONMENT FOR NOT MORE THAN 20 YEARS; IF SERIOUS * * BODILY INJURY RESULTS, BY FINE UNDER THIS TITLE OR IMPRISONMENT FOR * * NOT MORE THAN 10 YEARS, OR BOTH. * * "(2) IF THE OFFENSE IS COMMITTED WITH INTENT TO COMMIT ANOTHER * * FELONY, BY FINE UNDER THIS TITLE OR IMPRISONMENT FOR NOT MORE THAN * * 10 YEARS, OR BOTH. * * "(3) IF THE OFFENSE IS COMMITTED WITH A DANGEROUS WEAPON, WITH * * INTENT TO DO BODILY HARM, BY FINE UNDER THIS TITLE OR IMPRISONMENT * * FOR NOT MORE THAN 5 YEARS, OR BOTH. * * "(4) IF THE OFFENSE CONSTITUTES SEXUAL ABUSE, AS THAT CONDUCT IS * * DESCRIBED UNDER CHAPTER 109A OF TITLE 18, UNITED STATES CODE * * (WITHOUT REGARD TO WHETHER THE OFFENSE WAS COMMITTED IN THE * * MARITIME, TERRITORIAL OR PRISON JURISDICTION OF THE UNITED STATES), * * by fine or term of imprisonment as provided for the applicable * * conduct under chapter 109A. * * "(5) In a case not described in paragraph (1), (2), (3), or (4), * * by fine under this title or imprisonment for not more than 5 years, * * or both. * * "(d) CRIMINAL INTENT.-THE CRIMINAL INTENT OF THE OFFENDER REQUIRED TO * *ESTABLISH AN OFFENSE UNDER SUBSECTION (B) DOES NOT REQUIRE A SHOWING OF * *THE SPECIFIC INTENT TO VIOLATE THE LAW OF A STATE. * * "(E) NO PRIOR STATE ACTION NECESSARY.-NOTHING IN THIS SECTION REQUIRES* *A PRIOR CRIMINAL PROSECUTION OR CONVICTION OR A PRIOR CIVIL PROTECTION * *ORDER ISSUED UNDER STATE LAW TO INITIATE FEDERAL PROSECUTION. * *"2262. Interstate violation of protection orders * * "(a) IN GENERAL.-ANY PERSON AGAINST WHOM A VALID PROTECTION ORDER HAS * *BEEN ENTERED WHO- * * "(1) TRAVELS ACROSS A STATE LINE WITH THE INTENT TO INJURE, * * HARASS, INTIMIDATE, OR CONTACT A SPOUSE OR INTIMATE PARTNER; AND * * "(2) COMMITS AN ACT THAT INJURES, HARASSES, OR INTIMIDATES A * * SPOUSE OR INTIMATE PARTNER OR OTHERWISE VIOLATES A VALID PROTECTION * * ORDER ISSUED BY A STATE, * *SHALL BE PUNISHED AS PROVIDED IN SUBSECTION (C). * * "(B) CAUSING THE CROSSING OF A STATE LINE.-ANY PERSON WHO CAUSES A * *SPOUSE OR INTIMATE PARTNER TO CROSS A STATE LINE BY FORCE, COERCION, * *DURESS, OR FRAUD, AND, IN THE COURSE OR AS A RESULT OF THAT CONDUCT, * *COMMITS AN ACT THAT INJURES HIS OR HER SPOUSE OR INTIMATE PARTNER IN * *VIOLATION OF A VALID PROTECTION ORDER ISSUED BY A STATE SHALL BE * *PUNISHED AS PROVIDED IN SUBSECTION (C). * * "(C) PENALTIES.-A PERSON WHO VIOLATES THIS SECTION SHALL BE PUNISHED * *AS FOLLOWS: * * "(1) IF PERMANENT DISFIGUREMENT OR LIFE-THREATENING BODILY INJURY * * RESULTS, BY IMPRISONMENT FOR NOT MORE THAN 20 YEARS; IF SERIOUS * * BODILY INJURY RESULTS, BY FINE UNDER THIS TITLE OR IMPRISONMENT FOR * * NOT MORE THAN 10 YEARS, OR BOTH. * * "(2) IF THE OFFENSE IS COMMITTED WITH INTENT TO COMMIT ANOTHER * * FELONY, BY FINE UNDER THIS TITLE OR IMPRISONMENT FOR NOT MORE THAN * * 10 YEARS, OR BOTH. * * "(3) IF THE OFFENSE IS COMMITTED WITH A DANGEROUS WEAPON, WITH * * INTENT TO DO BODILY HARM, BY FINE UNDER THIS TITLE OR IMPRISONMENT * * FOR NOT MORE THAN 5 YEARS, OR BOTH. * * "(4) IF THE OFFENDER HAS PREVIOUSLY VIOLATED ANY PRIOR PROTECTION * * ORDER ISSUED AGAINST THAT PERSON FOR THE PROTECTION OF THE SAME * * VICTIM, BY FINE UNDER THIS TITLE OR IMPRISONMENT FOR NOT MORE THAN 5* * YEARS AND NOT LESS THAN 6 MONTHS, OR BOTH. * * "(5) IF THE OFFENSE CONSTITUTES SEXUAL ABUSE, AS THAT CONDUCT IS * * DESCRIBED UNDER CHAPTER 109A OF TITLE 18, UNITED STATES CODE * * (WITHOUT REGARD TO WHETHER THE CONDUCT WAS COMMITTED IN THE SPECIAL * * MARITIME, TERRITORIAL OR PRISON JURISDICTION OF THE UNITED STATES), * * by fine or term of imprisonment as provided for the applicable * * offense under chapter 109A. * * "(6) In a case not described in paragraph (1), (2), (3), (4), or * * (5), by fine under this title or imprisonment for not more than 5 * * years, or both. * * "(d) CRIMINAL INTENT.-THE CRIMINAL INTENT REQUIRED TO ESTABLISH THE * *OFFENSE PROVIDED IN SUBSECTION (A) DOES NOT REQUIRE A SHOWING OF THE * *SPECIFIC INTENT TO VIOLATE A PROTECTION ORDER OR THE LAW OF ANY STATE. * * "(E) NO PRIOR STATE ACTION NECESSARY.-NOTHING IN THIS SECTION REQUIRES* *A PRIOR CRIMINAL PROSECUTION OR CONVICTION UNDER STATE LAW TO INITIATE * *FEDERAL PROSECUTION. * *"2263. Pretrial release of defendant * * "In any proceeding pursuant to section 3142 of this title for the * *purpose of determining whether a defendant charged under this section * *shall be released pending trial, or for the purpose of determining * *conditions of such release, the alleged victim shall be given an * *opportunity to be heard regarding the danger posed by the defendant. * *"2264. Restitution * * "(a) IN GENERAL.-IN ADDITION TO ANY FINE OR TERM OF IMPRISONMENT * *PROVIDED UNDER THIS CHAPTER, AND NOTWITHSTANDING SECTION 3663, THE COURT* *SHALL ORDER RESTITUTION TO THE VICTIM OF AN OFFENSE UNDER THIS CHAPTER. * * "(B) SCOPE AND NATURE OF ORDER.-(1) AN 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) LOST INCOME; * * "(D) ATTORNEYS' FEES, PLUS ANY COSTS INCURRED IN OBTAINING A CIVIL* * PROTECTION ORDER; AND * * "(E) ANY OTHER LOSSES SUFFERED BY THE VICTIM AS A PROXIMATE RESULT* * OF THE OFFENSE. * * "(3) A RESTITUTION ORDER UNDER THIS SECTION IS MANDATORY. A COURT MAY * *NOT DECLINE TO ISSUE AN ORDER UNDER THIS SECTION BECAUSE OF- * * "(A) THE ECONOMIC CIRCUMSTANCES OF THE DEFENDANT; OR * * "(B) THE FACT THAT VICTIM HAS, OR IS ENTITLED TO, RECEIVE * * COMPENSATION FOR HIS OR HER INJURIES FROM THE PROCEEDS OF INSURANCE.* * "(4)(A) NOTWITHSTANDING PARAGRAPH (3), THE COURT MAY TAKE INTO ACCOUNT* *THE ECONOMIC CIRCUMSTANCES OF THE DEFENDANT IN DETERMINING THE MANNER IN* *WHICH AND THE SCHEDULE ACCORDING TO WHICH THE RESTITUTION IS TO BE PAID,* *INCLUDING- * * "(I) THE FINANCIAL RESOURCES AND OTHER ASSETS OF THE DEFENDANT; * * "(II) PROJECTED EARNINGS, EARNING CAPACITY, AND OTHER INCOME OF * * THE DEFENDANT; AND * * "(III) ANY FINANCIAL OBLIGATIONS OF THE OFFENDER, INCLUDING * * OBLIGATIONS TO DEPENDENTS. * * "(B) AN ORDER UNDER THIS SECTION MAY DIRECT THE DEFENDANT TO MAKE A * *SINGLE LUMP-SUM PAYMENT, OR PARTIAL PAYMENTS AT SPECIFIED INTERVALS. THE* *ORDER SHALL PROVIDE THAT THE DEFENDANT'S RESTITUTIONARY OBLIGATION TAKES* *PRIORITY OVER ANY CRIMINAL FINE ORDERED. * * "(C) IF 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 PARAGRAPH (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 SUBSECTION, SHALL BE IN CAMERA IN THE JUDGE'S * *CHAMBERS. * * "(4) IF 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 AN ORDER MAY BE GRANTED ONLY UPON A * *SHOWING OF GOOD CAUSE FOR THE FAILURE TO INCLUDE SUCH LOSSES IN THE * *INITIAL CLAIM FOR RESTITUTIONARY RELIEF. * * "(D) RESTITUTION AND CRIMINAL PENALTIES.-AN AWARD OF RESTITUTION TO * *THE VICTIM OF AN OFFENSE UNDER THIS CHAPTER SHALL NOT BE A SUBSTITUTE * *FOR IMPOSITION OF PUNISHMENT UNDER SECTIONS 2261 AND 2262. * * "(E) DEFINITIONS.-FOR PURPOSES OF THIS SECTION, THE TERM 'VICTIM' * *INCLUDES THE PERSON 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, BUT IN * *NO EVENT SHALL THE DEFENDANT BE NAMED AS SUCH A REPRESENTATIVE OR * *GUARDIAN. * *"2265. Full faith and credit given to protection orders * * "(a) FULL FAITH AND CREDIT.-ANY PROTECTION ORDER ISSUED CONSISTENT * *WITH SUBSECTION (B) BY THE COURT OF 1 STATE (THE ISSUING STATE) SHALL BE* *ACCORDED FULL FAITH AND CREDIT BY THE COURT OF ANOTHER STATE (THE * *ENFORCING STATE) AND ENFORCED AS IF IT WERE THE ORDER OF THE ENFORCING * *STATE. * * "(B) PROTECTION ORDER.-(1) A PROTECTION ORDER ISSUED BY A STATE COURT * *IS CONSISTENT WITH THIS SUBSECTION IF- * * "(A) THE COURT HAS JURISDICTION OVER THE PARTIES AND MATTER UNDER * * THE LAW OF THE STATE; AND * * "(B) REASONABLE NOTICE AND OPPORTUNITY TO BE HEARD IS GIVEN TO THE* * PERSON AGAINST WHOM THE ORDER IS SOUGHT SUFFICIENT TO PROTECT THAT * * PERSON'S RIGHT TO DUE PROCESS. * * "(2) IN THE CASE OF AN ORDER UNDER PARAGRAPH (1) THAT IS ISSUED EX * *PARTE, NOTICE AND OPPORTUNITY TO BE HEARD SHALL BE PROVIDED WITHIN THE * *TIME REQUIRED BY STATE LAW, AND IN ANY EVENT WITHIN A REASONABLE TIME * *AFTER THE ORDER IS ISSUED, SUFFICIENT TO PROTECT THE RESPONDENT'S DUE * *PROCESS RIGHTS. * * "(C) CROSS- OR COUNTER-PETITION.-A PROTECTION ORDER ISSUED BY A STATE * *COURT AGAINST ONE WHO HAS PETITIONED, FILED A COMPLAINT, OR OTHERWISE * *FILED A WRITTEN PLEADING FOR PROTECTION AGAINST ABUSE BY A SPOUSE OR * *INTIMATE PARTNER IS NOT ENTITLED TO FULL FAITH AND CREDIT IF- * * "(1) NO CROSS- OR COUNTER-PETITION, COMPLAINT, OR OTHER WRITTEN * * PLEADING WAS FILED SEEKING SUCH A PROTECTION ORDER; OR * * "(2) IF A CROSS- OR COUNTER-PETITION HAS BEEN FILED, IF THE COURT * * DID NOT MAKE SPECIFIC FINDINGS THAT EACH PARTY WAS ENTITLED TO SUCH * * AN ORDER. * *"2266. Definitions * * "As used in this chapter- * * "(1) the term 'spouse or intimate partner' includes- * * "(A) a present or former spouse, a person who shares a child * * in common with an abuser, and a person who cohabits or has * * cohabited with an abuser as a spouse; and * * "(B) any other person similarly situated to a spouse who is * * protected by the domestic or family violence laws of the State * * in which the injury occurred or where the victim resides, or any* * other adult person who is protected from an abuser's acts under * * the domestic or family violence laws of the State in which the * * injury occurred or where the victim resides; * * "(2) the term 'protection order' includes an injunction or other * * order issued for the purpose of preventing violent or threatening * * acts by 1 spouse against his or her spouse or intimate partner, * * including a temporary or final order issued by a civil or criminal * * court (other than a support or child custody order or provision) * * whether obtained by filing an independent action or as a pendente * * lite order in another proceeding, so long as, in the case of a civil* * order, the order was issued in response to a complaint, petition, or* * motion filed by or on behalf of an abused spouse or intimate * * partner; * * "(3) the term 'act that injures' includes any act, except one done* * in self-defense, that results in physical injury or sexual abuse; * * "(4) the term 'State' includes a State of the United States, the * * District of Columbia, and any Indian tribe, commonwealth, territory,* * or possession of the United States; and * * "(5) the term 'travel across a State line' includes any travel * * except travel across a State line by an Indian tribal member when * * that member remained at all times on tribal lands.". * * (b) TECHNICAL AMENDMENT.-THE PART ANALYSIS FOR PART 1 OF TITLE 18, * *UNITED STATES CODE, IS AMENDED BY INSERTING AFTER THE ITEM FOR CHAPTER * *110 THE FOLLOWING NEW ITEM: * *"110A. Violence against spouses 2261.".* *Subtitle C-Arrest in Spousal Abuse Cases * *SEC. 3331. ENCOURAGING ARREST POLICIES. * * The Family Violence Prevention and Services Act (42 U.S.C. 10401 et * *seq.), as amended by section 3311, is amended by adding at the end the * *following new section: * *"SEC. 317. ENCOURAGING ARREST POLICIES. * * "(a) PURPOSE.-TO ENCOURAGE STATES, INDIAN TRIBES AND LOCALITIES TO * *TREAT SPOUSAL VIOLENCE AS A SERIOUS VIOLATION OF CRIMINAL LAW, THE * *SECRETARY MAY MAKE GRANTS TO ELIGIBLE STATES, INDIAN TRIBES, * *MUNICIPALITIES, OR LOCAL GOVERNMENT ENTITIES FOR THE FOLLOWING PURPOSES:* * "(1) TO IMPLEMENT PRO-ARREST PROGRAMS AND POLICIES IN POLICE * * DEPARTMENTS AND TO IMPROVE TRACKING OF CASES INVOLVING SPOUSAL * * ABUSE. * * "(2) TO CENTRALIZE POLICE ENFORCEMENT, PROSECUTION, OR JUDICIAL * * RESPONSIBILITY FOR, SPOUSAL ABUSE CASES IN ONE GROUP OR UNIT OF * * POLICE OFFICERS, PROSECUTORS, OR JUDGES. * * "(3) TO COORDINATE COMPUTER TRACKING SYSTEMS TO ENSURE * * COMMUNICATION BETWEEN POLICE, PROSECUTORS, AND BOTH CRIMINAL AND * * FAMILY COURTS. * * "(4) TO EDUCATE JUDGES IN CRIMINAL AND OTHER COURTS ABOUT SPOUSAL * * ABUSE AND TO IMPROVE JUDICIAL HANDLING OF SUCH CASES. * * "(B) ELIGIBILITY.-(1) ELIGIBLE GRANTEES ARE THOSE STATES, INDIAN * *TRIBES, MUNICIPALITIES OR OTHER LOCAL GOVERNMENT ENTITIES THAT- * * "(A) DEMONSTRATE, THROUGH ARREST AND CONVICTION STATISTICS, THAT * * THEIR LAWS OR POLICIES HAVE BEEN EFFECTIVE IN SIGNIFICANTLY * * INCREASING THE NUMBER OF ARRESTS MADE OF SPOUSE ABUSERS; * * "(B) CERTIFY THAT THEIR LAWS OR OFFICIAL POLICIES- * * "(I) MANDATE ARREST OF SPOUSE ABUSERS BASED ON PROBABLE CAUSE * * THAT VIOLENCE HAS BEEN COMMITTED; OR * * "(II) PERMIT WARRANTLESS ARRESTS OF SPOUSE ABUSERS, ENCOURAGE * * THE USE OF THAT AUTHORITY, AND MANDATE ARREST OF SPOUSES * * VIOLATING THE TERMS OF A VALID AND OUTSTANDING PROTECTION ORDER;* * "(C) DEMONSTRATE THAT THEIR LAWS, POLICIES, PRACTICES AND TRAINING* * PROGRAMS DISCOURAGE 'DUAL' ARRESTS OF ABUSED AND ABUSER; * * "(D) CERTIFY THAT THEIR LAWS, POLICIES, AND PRACTICES PROHIBIT * * ISSUANCE OF MUTUAL PROTECTION ORDERS IN CASES WHERE ONLY ONE SPOUSE * * HAS SOUGHT A PROTECTION ORDER, AND REQUIRE FINDINGS OF MUTUAL * * AGGRESSION TO ISSUE MUTUAL PROTECTION ORDERS IN CASES WHERE BOTH * * PARTIES FILE A CLAIM; AND * * "(E) CERTIFY THAT THEIR LAWS, POLICIES, AND PRACTICES DO NOT * * REQUIRE, IN CONNECTION WITH THE PROSECUTION OF ANY MISDEMEANOR OR * * FELONY SPOUSE ABUSE OFFENSE, THAT THE ABUSED BEAR THE COSTS * * ASSOCIATED WITH THE FILING OF CRIMINAL CHARGES OR THE SERVICE OF * * SUCH CHARGES ON AN ABUSER; OR THAT THE ABUSED BEAR THE COSTS * * ASSOCIATED WITH THE ISSUANCE OR SERVICE OF A WARRANT, PROTECTION * * ORDER OR WITNESS SUBPOENA. * * "(2) FOR PURPOSES OF THIS SECTION- * * "(A) THE TERM 'PROTECTION ORDER' INCLUDES ANY INJUNCTION ISSUED * * FOR THE PURPOSE OF PREVENTING VIOLENT OR THREATENING ACTS OF SPOUSE * * ABUSE, INCLUDING A TEMPORARY OR FINAL ORDER ISSUED BY CIVIL OR * * CRIMINAL COURTS (OTHER THAN SUPPORT OR CHILD CUSTODY ORDERS OR * * PROVISIONS) WHETHER OBTAINED BY FILING AN INDEPENDENT ACTION OR AS A* * PENDENTE LITE ORDER IN ANOTHER PROCEEDING; AND * * "(B) THE TERM 'SPOUSAL OR SPOUSE ABUSE' INCLUDES A FELONY OR * * MISDEMEANOR OFFENSE 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 COHABITING WITH OR HAS COHABITED 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. * * "(3) THE ELIGIBILITY REQUIREMENTS PROVIDED IN THIS SECTION SHALL TAKE * *EFFECT ON THE DATE THAT IS 1 YEAR AFTER THE DATE OF ENACTMENT OF THIS * *SECTION. * * "(C) DELEGATION AND AUTHORIZATION.-THE SECRETARY SHALL DELEGATE TO THE* *ATTORNEY GENERAL OF THE UNITED STATES THE SECRETARY'S RESPONSIBILITIES * *FOR CARRYING OUT THIS SECTION. THERE ARE AUTHORIZED TO BE APPROPRIATED * *NOT IN EXCESS OF $25,000,000 FOR EACH FISCAL YEAR TO BE USED FOR THE * *PURPOSE OF MAKING GRANTS UNDER THIS SECTION. * * "(D) APPLICATION.-AN ELIGIBLE GRANTEE SHALL SUBMIT AN APPLICATION TO * *THE SECRETARY. SUCH AN APPLICATION SHALL- * * "(1) CONTAIN A CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER OF THE* * STATE, INDIAN TRIBE, MUNICIPALITY, OR LOCAL GOVERNMENT ENTITY THAT * * THE CONDITIONS OF SUBSECTION (B) ARE MET; * * "(2) DESCRIBE THE ENTITY'S PLANS TO FURTHER THE PURPOSES LISTED IN* * SUBSECTION (A); * * "(3) IDENTIFY THE AGENCY OR OFFICE OR GROUPS OF AGENCIES OR * * OFFICES RESPONSIBLE FOR CARRYING OUT THE PROGRAM; AND * * "(4) IDENTIFY AND INCLUDE DOCUMENTATION SHOWING THE NONPROFIT * * NONGOVERNMENTAL VICTIM SERVICES PROGRAMS THAT WILL BE CONSULTED IN * * DEVELOPING, AND IMPLEMENTING, THE PROGRAM. * * "(E) PRIORITY.-IN AWARDING GRANTS UNDER THIS SECTION, THE SECRETARY * *SHALL GIVE PRIORITY TO A GRANTEE THAT- * * "(1) DOES NOT CURRENTLY PROVIDE FOR CENTRALIZED HANDLING OF CASES * * INVOLVING SPOUSAL OR FAMILY VIOLENCE IN ANY ONE OF THE AREAS LISTED * * IN THIS SUBSECTION-POLICE, PROSECUTORS, AND COURTS; AND * * "(2) DEMONSTRATES A COMMITMENT TO STRONG ENFORCEMENT OF LAWS, AND * * PROSECUTION OF CASES, INVOLVING SPOUSAL OR FAMILY VIOLENCE. * * "(F) REPORTING.-EACH GRANTEE RECEIVING FUNDS UNDER THIS SECTION SHALL * *SUBMIT A REPORT TO THE SECRETARY EVALUATING THE EFFECTIVENESS OF THE * *PLAN DESCRIBED IN SUBSECTION (D)(2) AND CONTAINING SUCH ADDITIONAL * *INFORMATION AS THE SECRETARY MAY PRESCRIBE. * * "(G) REGULATIONS.-NO LATER THAN 45 DAYS AFTER THE DATE OF ENACTMENT OF* *THIS SECTION, THE SECRETARY SHALL PUBLISH PROPOSED REGULATIONS * *IMPLEMENTING THIS SECTION. NO LATER THAN 120 DAYS AFTER SUCH DATE, THE * *SECRETARY SHALL PUBLISH FINAL REGULATIONS IMPLEMENTING THIS SECTION.". * *Subtitle D-DOMESTIC VIOLENCE, FAMILY SUPPORT, AND SHELTER GRANTS * *SEC. 3341. DOMESTIC VIOLENCE AND FAMILY SUPPORT GRANT PROGRAM. * * (a) PURPOSE.-THE PURPOSE OF THIS SECTION IS TO STRENGTHEN AND IMPROVE * *STATE AND LOCAL EFFORTS TO PREVENT AND PUNISH DOMESTIC VIOLENCE AND * *OTHER CRIMINAL AND UNLAWFUL ACTS THAT PARTICULARLY AFFECT WOMEN, AND TO * *ASSIST AND PROTECT THE VICTIMS OF SUCH CRIMES AND ACTS. * * (B) AUTHORIZATION OF GRANTS.-THE SECRETARY OF HEALTH AND HUMAN * *SERVICES SHALL MAKE GRANTS TO SUPPORT PROJECTS AND PROGRAMS RELATING TO * *DOMESTIC VIOLENCE AND OTHER CRIMINAL AND UNLAWFUL ACTS THAT PARTICULARLY* *AFFECT WOMEN, INCLUDING SUPPORT OF- * * (1) TRAINING AND POLICY DEVELOPMENT PROGRAMS FOR LAW ENFORCEMENT * * OFFICERS AND PROSECUTORS CONCERNING THE INVESTIGATION AND * * PROSECUTION OF DOMESTIC VIOLENCE; * * (2) LAW ENFORCEMENT AND PROSECUTORIAL UNITS AND TEAMS THAT TARGET * * DOMESTIC VIOLENCE; * * (3) MODEL, INNOVATIVE, AND DEMONSTRATION LAW ENFORCEMENT PROGRAMS * * RELATING TO DOMESTIC VIOLENCE THAT INVOLVE PRO-ARREST AND AGGRESSIVE* * PROSECUTION POLICIES; * * (4) MODEL, INNOVATIVE, AND DEMONSTRATION PROGRAMS FOR THE * * EFFECTIVE UTILIZATION AND ENFORCEMENT OF PROTECTIVE ORDERS; * * (5) PROGRAMS ADDRESSING STALKING AND PERSISTENT MENACING; * * (6) VICTIM SERVICES PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE; * * (7) EDUCATIONAL AND INFORMATIONAL PROGRAMS RELATING TO DOMESTIC * * VIOLENCE; * * (8) RESOURCE CENTERS PROVIDING INFORMATION, TECHNICAL ASSISTANCE, * * AND TRAINING TO DOMESTIC VIOLENCE SERVICE PROVIDERS, AGENCIES, AND * * PROGRAMS; * * (9) COALITIONS OF DOMESTIC VIOLENCE SERVICE PROVIDERS, AGENCIES, * * AND PROGRAMS; * * (10) TRAINING PROGRAMS FOR JUDGES AND COURT PERSONNEL IN RELATION * * TO CASES INVOLVING DOMESTIC VIOLENCE; * * (11) ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS, INCLUDING * * COOPERATIVE EFFORTS AND ARRANGEMENTS OF STATES TO IMPROVE * * ENFORCEMENT IN CASES INVOLVING INTERSTATE ELEMENTS; AND * * (12) SHELTERS THAT PROVIDE SERVICES FOR VICTIMS OF DOMESTIC * * VIOLENCE AND RELATED PROGRAMS. * * (C) FORMULA GRANTS.-OF THE AMOUNT APPROPRIATED IN EACH FISCAL YEAR FOR* *GRANTS UNDER THIS SECTION, OTHER THAN THE AMOUNT SET ASIDE TO CARRY OUT * *SUBSECTION (D)- * * (1) 1 PERCENT SHALL BE SET ASIDE FOR EACH PARTICIPATING STATE; AND* * (2) THE REMAINDER SHALL BE ALLOCATED TO THE PARTICIPATING * * STATES IN PROPORTION TO THEIR POPULATIONS; * *FOR THE USE OF STATE AND LOCAL GOVERNMENTS IN THE STATES. * * (D) DISCRETIONARY GRANTS.-OF THE AMOUNT APPROPRIATED IN EACH FISCAL * *YEAR, 20 PERCENT SHALL BE SET ASIDE IN A DISCRETIONARY FUND TO PROVIDE * *GRANTS TO PUBLIC AND PRIVATE AGENCIES TO FURTHER THE PURPOSES AND * *OBJECTIVES SET FORTH IN SUBSECTIONS (A) AND (B). * * (E) APPLICATION FOR FORMULA GRANTS.-TO REQUEST A GRANT UNDER * *SUBSECTION (C), THE CHIEF EXECUTIVE OFFICER OF A STATE MUST, IN EACH * *FISCAL YEAR, SUBMIT TO THE SECRETARY A PLAN FOR ADDRESSING DOMESTIC * *VIOLENCE AND OTHER CRIMINAL AND UNLAWFUL ACTS THAT PARTICULARLY AFFECT * *WOMEN IN THE STATE, INCLUDING A SPECIFICATION OF THE USES TO WHICH FUNDS* *PROVIDED UNDER SUBSECTION (C) WILL BE PUT IN CARRYING OUT THE PLAN. THE* *APPLICATION MUST INCLUDE- * * (1) CERTIFICATION THAT THE FEDERAL FUNDING PROVIDED WILL BE USED * * TO SUPPLEMENT AND NOT SUPPLANT STATE AND LOCAL FUNDS; * * (2) CERTIFICATION THAT ANY REQUIREMENT OF STATE LAW FOR REVIEW BY * * THE STATE LEGISLATURE OR A DESIGNATED BODY, AND ANY REQUIREMENT OF * * STATE LAW FOR PUBLIC NOTICE AND COMMENT CONCERNING THE PROPOSED * * PLAN, HAVE BEEN SATISFIED; AND * * (3) PROVISIONS FOR FISCAL CONTROL, MANAGEMENT, RECORDKEEPING, AND * * SUBMISSION OF REPORTS IN RELATION TO FUNDS PROVIDED UNDER THIS * * SECTION THAT ARE CONSISTENT WITH REQUIREMENTS PRESCRIBED FOR THE * * PROGRAM. * * (F) CONDITIONS ON GRANTS.- * * (1) MATCHING FUNDS.-GRANTS UNDER SUBSECTION (C) MAY BE FOR UP TO * * 50 PERCENT OF THE OVERALL COST OF A PROJECT OR PROGRAM FUNDED. * * DISCRETIONARY GRANTS UNDER SUBSECTION (D) MAY BE FOR UP TO 100 * * PERCENT OF THE OVERALL COST OF A PROJECT OR PROGRAM FUNDED. * * (2) DURATION OF GRANTS.-GRANTS UNDER SUBSECTION (C) MAY BE * * PROVIDED IN RELATION TO A PARTICULAR PROJECT OR PROGRAM FOR UP TO AN* * AGGREGATE MAXIMUM PERIOD OF 4 YEARS. * * (3) LIMIT ON ADMINISTRATIVE COSTS.-NOT MORE THAN 5 PERCENT OF A * * GRANT UNDER SUBSECTION (C) MAY BE USED FOR COSTS INCURRED TO * * ADMINISTER THE GRANT. * * (G) EVALUATION.-THE SECRETARY SHALL HAVE THE AUTHORITY TO CARRY OUT * *EVALUATIONS OF PROGRAMS FUNDED UNDER THIS SECTION. THE RECIPIENT OF ANY* *GRANT UNDER THIS SECTION MAY BE REQUIRED TO INCLUDE AN EVALUATION * *COMPONENT TO DETERMINE THE EFFECTIVENESS OF THE PROJECT OR PROGRAM * *FUNDED THAT IS CONSISTENT WITH GUIDELINES ISSUED BY THE SECRETARY. * * (H) REPORT.-THE SECRETARY SHALL SUBMIT AN ANNUAL REPORT TO CONGRESS * *CONCERNING THE OPERATION AND EFFECTIVENESS OF THE PROGRAM UNDER THIS * *SECTION. * * (I) AUTHORIZATION OF APPROPRIATIONS.-THERE ARE AUTHORIZED TO BE * *APPROPRIATED TO CARRY OUT THIS SECTION- * * (1) $100,000,000 FOR EACH OF FISCAL YEARS 1994, 1995, AND 1996; * * AND * * (2) SUCH SUMS AS ARE NECESSARY FOR EACH FISCAL YEAR THEREAFTER. * * (J) AUTHORIZATION OF APPROPRIATIONS FOR THE FAMILY VIOLENCE * *PREVENTION AND SERVICES ACT.-SECTION 310(A) OF THE FAMILY VIOLENCE * *PREVENTION AND SERVICES ACT (42 U.S.C. 10409(A)) IS AMENDED TO READ AS * *FOLLOWS: * * "(A) IN GENERAL.-THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT * *THIS TITLE $85,000,000 FOR FISCAL YEAR 1994, $100,000,000 FOR FISCAL * *YEAR 1995, AND $125,000,000 FOR FISCAL YEAR 1996.". * *Subtitle E-Family Violence Prevention and Services Act Amendments * *SEC. 3351. GRANTEE REPORTING. * * (a) SUBMISSION OF APPLICATION.-SECTION 303(A)(2)(C) OF THE FAMILY * *VIOLENCE PREVENTION AND SERVICES ACT (42 U.S.C. 10402(A)(2)(C)) IS * *AMENDED BY INSERTING "AND A PLAN TO ADDRESS THE NEEDS OF UNDERSERVED * *POPULATIONS, INCLUDING POPULATIONS UNDERSERVED BECAUSE OF ETHNIC, * *RACIAL, CULTURAL, LANGUAGE DIVERSITY OR GEOGRAPHIC ISOLATION" AFTER * *"SUCH STATE". * * (B) APPROVAL OF APPLICATION.-SECTION 303(A) OF THE FAMILY VIOLENCE * *PREVENTION AND SERVICES ACT (42 U.S.C. 10402(A)) IS AMENDED BY ADDING AT* *THE END THE FOLLOWING NEW PARAGRAPH: * * "(4) UPON COMPLETION OF THE ACTIVITIES FUNDED BY A GRANT 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 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 THE FUNDS ARE EXPENDED FOR PURPOSES * * OTHER THAN THOSE SET FORTH UNDER THIS SUBPART, AFTER FOLLOWING THE * * PROCEDURES SET FORTH IN PARAGRAPH (3). FEDERAL FUNDS MAY BE USED * * ONLY TO SUPPLEMENT, NOT SUPPLANT, STATE FUNDS.". * *Subtitle F-Youth Education and Domestic Violence * *SEC. 3361. EDUCATING YOUTH ABOUT DOMESTIC VIOLENCE. * * The Family Violence Prevention and Services Act (42 U.S.C. 10401 et * *seq.), as amended by section 3331, is amended by adding at the end the * *following new section: * *"SEC. 318. EDUCATING YOUTH ABOUT DOMESTIC VIOLENCE. * * "(a) GENERAL PURPOSE.-FOR PURPOSES OF THIS SECTION, THE SECRETARY * *SHALL DELEGATE THE SECRETARY'S POWERS TO THE SECRETARY OF EDUCATION * *(HEREAFTER IN THIS SECTION REFERRED TO AS THE 'SECRETARY'). THE * *SECRETARY SHALL SELECT, IMPLEMENT AND EVALUATE 4 MODEL PROGRAMS FOR * *EDUCATION OF YOUNG PEOPLE ABOUT DOMESTIC VIOLENCE AND VIOLENCE AMONG * *INTIMATE PARTNERS. * * "(B) NATURE OF PROGRAM.-THE SECRETARY SHALL SELECT, IMPLEMENT AND * *EVALUATE SEPARATE MODEL PROGRAMS FOR 4 DIFFERENT AUDIENCES: PRIMARY * *SCHOOLS, MIDDLE SCHOOLS, SECONDARY SCHOOLS, AND INSTITUTIONS OF HIGHER * *EDUCATION. THE MODEL PROGRAMS SHALL BE SELECTED, IMPLEMENTED, AND * *EVALUATED IN THE LIGHT OF THE COMMENTS OF EDUCATIONAL EXPERTS, LEGAL AND* *PSYCHOLOGICAL EXPERTS ON BATTERING, AND VICTIM ADVOCATE ORGANIZATIONS * *SUCH AS BATTERED WOMEN'S SHELTERS, STATE COALITIONS AND RESOURCE * *CENTERS. THE PARTICIPATION OF EACH OF THOSE GROUPS OR INDIVIDUAL * *CONSULTANTS FROM SUCH GROUPS IS ESSENTIAL TO THE SELECTION, * *IMPLEMENTATION, AND EVALUATION OF PROGRAMS THAT MEET BOTH THE NEEDS OF * *EDUCATIONAL INSTITUTIONS AND THE NEEDS OF THE DOMESTIC VIOLENCE PROBLEM.* * "(C) REVIEW AND DISSEMINATION.-NOT LATER THAN 2 YEARS AFTER THE DATE * *OF ENACTMENT OF THIS SECTION, THE SECRETARY SHALL TRANSMIT THE DESIGN * *AND EVALUATION OF THE MODEL PROGRAMS, ALONG WITH A PLAN AND COST * *ESTIMATE FOR NATIONWIDE DISTRIBUTION, TO THE RELEVANT COMMITTEES OF * *CONGRESS FOR REVIEW. * * "(D) AUTHORIZATION OF APPROPRIATIONS.-THERE IS AUTHORIZED TO BE * *APPROPRIATED TO CARRY OUT THIS SECTION $400,000 FOR FISCAL YEAR 1994.". * *Subtitle G-Confidentiality for Abused Persons * *SEC. 3371. CONFIDENTIALITY OF ABUSED PERSON'S ADDRESS. * * Not later than 90 days after enactment of this Act, the United States * *Postal Service shall promulgate regulations to secure the * *confidentiality of domestic violence shelters and abused persons' * *addresses consistent with the following guidelines: * * (1) Confidentiality shall be provided to a person upon the * * presentation to an appropriate postal official of a valid court * * order or a police report documenting abuse. * * (2) Confidentiality shall be provided to any domestic violence * * shelter upon presentation to an appropriate postal authority of * * proof from a State domestic violence coalition (within the meaning * * 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. * * (3) Disclosure of addresses to State or Federal agencies for * * legitimate law enforcement or other governmental purposes shall not * * be prohibited. * * (4) Compilations of addresses existing at the time the order is * * presented to an appropriate postal official shall be excluded from * * the scope of the proposed regulations. * *Subtitle H-Technical Amendments * *SEC. 3381. DEFINITIONS. * * Section 309(5)(B) of the Family Violence Prevention and Services Act * *(42 U.S.C. 10408(5)(B)) is amended by inserting "or other supportive * *services" before "by peers individually or in groups,". * *SEC. 3382. SPECIAL ISSUE RESOURCE CENTERS. * * (a) GRANTS.-SECTION 308(A)(2) OF THE FAMILY VIOLENCE PREVENTION AND * *SERVICES ACT (42 U.S.C. 10407(A)(2)) IS AMENDED BY STRIKING "SIX" AND * *INSERTING "SEVEN". * * (B) FUNCTIONS.-SECTION 308(C) OF THE FAMILY VIOLENCE PREVENTION AND * *SERVICES ACT (42 U.S.C. 10407(C)) IS AMENDED- * * (1) BY STRIKING THE PERIOD AT THE END OF PARAGRAPH (6) AND * * INSERTING ", INCLUDING THE ISSUANCE AND ENFORCEMENT OF PROTECTION * * ORDERS."; AND * * (2) BY ADDING AT THE END THE FOLLOWING NEW PARAGRAPH: * * "(7) PROVIDING TECHNICAL ASSISTANCE AND TRAINING TO STATE DOMESTIC* * VIOLENCE COALITIONS.". * *SEC. 3383. STATE DOMESTIC VIOLENCE COALITIONS. * * Section 311(a) of the Family Violence Prevention and Services Act (42 * *U.S.C. 10410(a)) is amended- * * (1) by redesignating paragraphs (1), (2), (3), and (4) as * * paragraphs (2), (3), (4), and (5); * * (2) by inserting before paragraph (2), as redesignated by * * paragraph (1), the following new paragraph: * * "(1) working with local domestic violence programs and providers * * of direct services to encourage appropriate responses to domestic * * violence within the State, including- * * "(A) training and technical assistance for local programs and * * professionals working with victims of domestic violence; * * "(B) planning and conducting State needs assessments and * * planning for comprehensive services; * * "(C) serving as an information clearinghouse and resource * * center for the State; and * * "(D) collaborating with other governmental systems which * * affect battered women;"; * * (3) in paragraph (2)(K), as redesignated by paragraph (1), by * * striking "and court officials and other professionals" and inserting* * ", judges, court officers and other criminal justice * * professionals,"; * * (4) in paragraph (3), as redesignated by paragraph (1)- * * (A) by inserting ", criminal court judges," after "family law * * judges," each place it appears; * * (B) in subparagraph (F), by inserting "custody" after * * "temporary"; and * * (C) in subparagraph (H), by striking "supervised visitations * * that do not endanger victims and their children," and inserting * * "supervised visitations or denial of visitation to protect * * against danger to victims or their children"; and * * (5) in paragraph (4), as redesignated by paragraph (1), by * * inserting ", including information aimed at underserved racial, * * ethnic or language-minority populations" before the semicolon. *