*Subtitle I-Data and Research * *SEC. 3391. RESEARCH AGENDA. * * (a) REQUEST FOR CONTRACT.-THE DIRECTOR OF THE NATIONAL INSTITUTE OF * *JUSTICE SHALL REQUEST THE NATIONAL ACADEMY OF SCIENCES, THROUGH ITS * *NATIONAL RESEARCH COUNCIL, TO ENTER INTO A CONTRACT TO DEVELOP A * *RESEARCH AGENDA TO INCREASE THE UNDERSTANDING AND CONTROL OF VIOLENCE * *AGAINST WOMEN, INCLUDING RAPE AND DOMESTIC VIOLENCE. IN FURTHERANCE OF * *THE CONTRACT, THE NATIONAL ACADEMY SHALL CONVENE A PANEL OF NATIONALLY * *RECOGNIZED EXPERTS ON VIOLENCE AGAINST WOMEN, IN THE FIELDS OF LAW, * *MEDICINE, CRIMINAL JUSTICE AND THE SOCIAL SCIENCES. IN SETTING THE * *AGENDA, THE ACADEMY SHALL FOCUS PRIMARILY UPON PREVENTIVE, EDUCATIVE, * *SOCIAL, AND LEGAL STRATEGIES. NOTHING IN THIS SECTION SHALL BE CONSTRUED* *TO INVOKE THE TERMS OF THE FEDERAL ADVISORY COMMITTEE ACT. * * (B) DECLINATION OF REQUEST.-IF THE NATIONAL ACADEMY OF SCIENCES * *DECLINES TO CONDUCT THE STUDY AND DEVELOP A RESEARCH AGENDA, IT SHALL * *RECOMMEND A NONPROFIT PRIVATE ENTITY THAT IS QUALIFIED TO CONDUCT SUCH A* *STUDY. IN THAT CASE, THE DIRECTOR OF THE NATIONAL INSTITUTE OF JUSTICE * *SHALL CARRY OUT SUBSECTION (A) THROUGH THE NONPROFIT PRIVATE ENTITY * *RECOMMENDED BY THE ACADEMY. IN EITHER CASE, WHETHER THE STUDY IS * *CONDUCTED BY THE NATIONAL ACADEMY OF SCIENCES OR BY THE NONPROFIT GROUP * *IT RECOMMENDS, THE FUNDS FOR THE CONTRACT SHALL BE MADE AVAILABLE FROM * *SUMS APPROPRIATED FOR THE CONDUCT OF RESEARCH BY THE NATIONAL INSTITUTE * *OF JUSTICE. * * (C) REPORT.-THE DIRECTOR OF THE NATIONAL INSTITUTE OF JUSTICE SHALL * *ENSURE THAT NO LATER THAN 9 MONTHS AFTER THE DATE OF ENACTMENT OF THIS * *ACT, THE STUDY REQUIRED UNDER SUBSECTION (A) IS COMPLETED AND A REPORT * *DESCRIBING THE FINDINGS MADE IS SUBMITTED TO THE COMMITTEE ON THE * *JUDICIARY OF THE HOUSE OF REPRESENTATIVES, THE COMMITTEE ON THE * *JUDICIARY OF THE SENATE, AND THE ATTORNEY GENERAL'S TASK FORCE ON * *VIOLENCE AGAINST WOMEN. * *SEC. 3392. STATE DATABASES. * * (a) IN GENERAL.-THE NATIONAL INSTITUTE OF JUSTICE, IN CONJUNCTION WITH* *THE BUREAU OF JUSTICE STATISTICS, SHALL STUDY AND REPORT TO THE STATES * *AND TO CONGRESS ON HOW THE STATES MAY COLLECT CENTRALIZED DATABASES ON * *THE INCIDENCE OF DOMESTIC VIOLENCE OFFENSES WITHIN A STATE. * * (B) CONSULTATION.-IN CONDUCTING ITS STUDY, THE NATIONAL INSTITUTE OF * *JUSTICE SHALL CONSULT PERSONS EXPERT IN THE COLLECTION OF CRIMINAL * *JUSTICE DATA, STATE STATISTICAL ADMINISTRATORS, LAW ENFORCEMENT * *PERSONNEL, AND NONPROFIT NONGOVERNMENTAL AGENCIES THAT PROVIDE DIRECT * *SERVICES TO VICTIMS OF DOMESTIC VIOLENCE. THE INSTITUTE'S FINAL REPORT * *SHALL SET FORTH THE VIEWS OF THE PERSONS CONSULTED ON THE INSTITUTE'S * *RECOMMENDATIONS. * * (C) REPORT.-THE DIRECTOR OF THE NATIONAL INSTITUTE OF JUSTICE SHALL * *ENSURE THAT NO LATER THAN 9 MONTHS AFTER THE DATE OF ENACTMENT OF THIS * *ACT, THE STUDY REQUIRED UNDER SUBSECTION (A) IS COMPLETED AND A REPORT * *DESCRIBING THE FINDINGS MADE IS SUBMITTED TO THE COMMITTEE ON THE * *JUDICIARY OF THE HOUSE OF REPRESENTATIVES AND THE COMMITTEE ON THE * *JUDICIARY OF THE SENATE. * * (D) AUTHORIZATION OF APPROPRIATIONS.-THERE ARE AUTHORIZED SUCH SUMS AS* *ARE NECESSARY TO CARRY OUT THIS SECTION. * *SEC. 3393. NUMBER AND COST OF INJURIES. * * (a) STUDY.-THE SECRETARY OF HEALTH AND HUMAN SERVICES, ACTING THROUGH * *THE CENTERS FOR DISEASE CONTROL INJURY CONTROL DIVISION, SHALL CONDUCT A* *STUDY TO OBTAIN A NATIONAL PROJECTION OF THE INCIDENCE OF INJURIES * *RESULTING FROM DOMESTIC VIOLENCE, THE COST OF INJURIES TO HEALTH CARE * *FACILITIES, AND RECOMMEND HEALTH CARE STRATEGIES FOR REDUCING THE * *INCIDENCE AND COST OF SUCH INJURIES. * * (B) AUTHORIZATION OF APPROPRIATIONS.-THERE IS AUTHORIZED TO BE * *APPROPRIATED TO CARRY OUT THIS SECTION $100,000 FOR FISCAL YEAR 1994. * *TITLE XXXIV-CIVIL RIGHTS * *SEC. 3401. SHORT TITLE. * * This title may be cited as the "Civil Rights Remedies for * *Gender-Motivated Violence Act". * *SEC. 3402. CIVIL RIGHTS. * * (a) FINDINGS.-THE CONGRESS FINDS THAT- * * (1) CRIMES OF VIOLENCE MOTIVATED BY GENDER CONSTITUTE BIAS CRIMES * * IN VIOLATION OF THE VICTIM'S RIGHT TO BE FREE FROM DISCRIMINATION * * ON THE BASIS OF GENDER; * * (2) CURRENT LAW PROVIDES A CIVIL RIGHTS REMEDY FOR GENDER CRIMES * * COMMITTED IN THE WORKPLACE, BUT NOT FOR CRIMES OF VIOLENCE MOTIVATED* * BY GENDER COMMITTED ON THE STREET OR IN THE HOME; * * (3) STATE AND FEDERAL CRIMINAL LAWS DO NOT ADEQUATELY PROTECT * * AGAINST THE BIAS ELEMENT OF CRIMES OF VIOLENCE MOTIVATED BY GENDER, * * WHICH SEPARATES THESE CRIMES FROM ACTS OF RANDOM VIOLENCE, NOR DO * * THOSE LAWS ADEQUATELY PROVIDE VICTIMS OF GENDER-MOTIVATED CRIMES THE* * OPPORTUNITY TO VINDICATE THEIR INTERESTS; * * (4) EXISTING BIAS AND DISCRIMINATION IN THE CRIMINAL JUSTICE * * SYSTEM OFTEN DEPRIVES VICTIMS OF CRIMES OF VIOLENCE MOTIVATED BY * * GENDER OF EQUAL PROTECTION OF THE LAWS AND THE REDRESS TO WHICH THEY* * ARE ENTITLED; * * (5) CRIMES OF VIOLENCE MOTIVATED BY GENDER HAVE A SUBSTANTIAL * * ADVERSE EFFECT ON INTERSTATE COMMERCE, BY DETERRING POTENTIAL * * VICTIMS FROM TRAVELING INTERSTATE, FROM ENGAGING IN EMPLOYMENT IN * * INTERSTATE BUSINESS, AND FROM TRANSACTING WITH BUSINESS, AND IN * * PLACES INVOLVED, IN INTERSTATE COMMERCE; * * (6) CRIMES OF VIOLENCE MOTIVATED BY GENDER HAVE A SUBSTANTIAL * * ADVERSE EFFECT ON INTERSTATE COMMERCE, BY DIMINISHING NATIONAL * * PRODUCTIVITY, INCREASING MEDICAL AND OTHER COSTS, AND DECREASING THE* * SUPPLY OF AND THE DEMAND FOR INTERSTATE PRODUCTS; * * (7) A FEDERAL CIVIL RIGHTS ACTION AS SPECIFIED IN THIS SECTION IS * * NECESSARY TO GUARANTEE EQUAL PROTECTION OF THE LAWS AND TO REDUCE * * THE SUBSTANTIAL ADVERSE EFFECTS ON INTERSTATE COMMERCE CAUSED BY * * CRIMES OF VIOLENCE MOTIVATED BY GENDER; AND * * (8) THE VICTIMS OF CRIMES OF VIOLENCE MOTIVATED BY GENDER HAVE A * * RIGHT TO EQUAL PROTECTION OF THE LAWS, INCLUDING A SYSTEM OF JUSTICE* * THAT IS UNAFFECTED BY BIAS OR DISCRIMINATION AND THAT, AT EVERY * * RELEVANT STAGE, TREATS SUCH CRIMES AS SERIOUSLY AS OTHER VIOLENT * * CRIMES. * * (B) RIGHT TO BE FREE FROM CRIMES OF VIOLENCE.-ALL PERSONS WITHIN THE * *UNITED STATES SHALL HAVE THE RIGHT TO BE FREE FROM CRIMES OF VIOLENCE * *MOTIVATED BY GENDER (AS DEFINED IN SUBSECTION (D)). * * (C) CAUSE OF ACTION.-A PERSON (INCLUDING A PERSON WHO ACTS UNDER COLOR* *OF ANY STATUTE, ORDINANCE, REGULATION, CUSTOM, OR USAGE OF ANY STATE) * *WHO COMMITS A CRIME OF VIOLENCE MOTIVATED BY GENDER AND THUS DEPRIVES * *ANOTHER OF THE RIGHT DECLARED IN SUBSECTION (B) SHALL BE LIABLE TO THE * *PARTY INJURED, IN AN ACTION FOR THE RECOVERY OF COMPENSATORY AND * *PUNITIVE DAMAGES, INJUNCTIVE AND DECLARATORY RELIEF, AND SUCH OTHER * *RELIEF AS A COURT MAY DEEM APPROPRIATE. * * (D) DEFINITIONS.-FOR PURPOSES OF THIS SECTION- * * (1) THE TERM "CRIME OF VIOLENCE MOTIVATED BY GENDER" MEANS A CRIME* * OF VIOLENCE COMMITTED BECAUSE OF GENDER OR ON THE BASIS OF GENDER; * * AND DUE, AT LEAST IN PART, TO AN ANIMUS BASED ON THE VICTIM'S * * GENDER; * * (2) THE TERM "CRIME OF VIOLENCE" MEANS- * * (A) AN ACT OR SERIES OF ACTS THAT WOULD CONSTITUTE A FELONY * * AGAINST THE PERSON OR THAT WOULD CONSTITUTE A FELONY AGAINST * * PROPERTY IF THE CONDUCT PRESENTS A SERIOUS RISK OF PHYSICAL * * INJURY TO ANOTHER, AND THAT WOULD COME WITHIN THE MEANING OF * * STATE OR FEDERAL OFFENSES DESCRIBED IN SECTION 16 OF TITLE 18, * * UNITED STATES CODE, WHETHER OR NOT THOSE ACTS HAVE ACTUALLY * * RESULTED IN CRIMINAL CHARGES, PROSECUTION, OR CONVICTION AND * * WHETHER OR NOT THOSE ACTS WERE COMMITTED IN THE SPECIAL * * MARITIME, TERRITORIAL, OR PRISON JURISDICTION OF THE UNITED * * STATES; AND * * (B) INCLUDES AN ACT OR SERIES OF ACTS THAT WOULD CONSTITUTE A * * FELONY DESCRIBED IN SUBPARAGRAPH (A) BUT FOR THE RELATIONSHIP * * BETWEEN THE PERSON WHO TAKES SUCH ACTION AND THE INDIVIDUAL * * AGAINST WHOM SUCH ACTION IS TAKEN. * * (E) LIMITATION AND PROCEDURES.- * * (1) LIMITATION.-NOTHING IN THIS SECTION ENTITLES A PERSON TO A * * CAUSE OF ACTION UNDER SUBSECTION (C) FOR RANDOM ACTS OF VIOLENCE * * UNRELATED TO GENDER OR FOR ACTS THAT CANNOT BE DEMONSTRATED, BY A * * PREPONDERANCE OF THE EVIDENCE, TO BE MOTIVATED BY GENDER (WITHIN THE* * MEANING OF SUBSECTION (D)). * * (2) NO PRIOR CRIMINAL ACTION.-NOTHING IN THIS SECTION REQUIRES A * * PRIOR CRIMINAL COMPLAINT, PROSECUTION, OR CONVICTION TO ESTABLISH * * THE ELEMENTS OF A CAUSE OF ACTION UNDER SUBSECTION (C). * * (3) CONCURRENT JURISDICTION.-THE FEDERAL AND STATE COURTS SHALL * * HAVE CONCURRENT JURISDICTION OVER ACTIONS BROUGHT PURSUANT TO THIS * * TITLE. * * (4) PENDENT JURISDICTION.-NEITHER SECTION 1367 OF TITLE 28, UNITED* * STATES CODE, NOR SUBSECTION (C) OF THIS SECTION SHALL BE CONSTRUED, * * BY REASON OF A CLAIM ARISING UNDER SUCH SUBSECTION, TO CONFER ON THE* * COURTS OF THE UNITED STATES JURISDICTION OVER ANY STATE LAW CLAIM * * SEEKING THE ESTABLISHMENT OF A DIVORCE, ALIMONY, EQUITABLE * * DISTRIBUTION OF MARITAL PROPERTY, OR CHILD CUSTODY DECREE. * * (5) LIMITATION ON REMOVAL.-SECTION 1445 OF TITLE 28, UNITED STATES* * CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW SUBSECTION: * * "(D) A CIVIL ACTION IN ANY STATE COURT ARISING UNDER SECTION 3402 OF * *THE VIOLENCE AGAINST WOMEN ACT OF 1993 MAY NOT BE REMOVED TO ANY * *DISTRICT COURT OF THE UNITED STATES.". * *SEC. 3403. ATTORNEY'S FEES. * * Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended in the* *last sentence- * * (1) by striking "or" after "Public Law 92-318,"; and * * (2) by inserting ", or title XXXIV of the Violence Against Women * * Act of 1993," after "1964". * *SEC. 3404. SENSE OF THE SENATE CONCERNING PROTECTION OF THE PRIVACY OF * *RAPE VICTIMS. * * (a) FINDINGS AND DECLARATION.-THE CONGRESS FINDS AND DECLARES THAT- * * (1) THERE IS A NEED FOR A STRONG AND CLEAR FEDERAL RESPONSE TO * * VIOLENCE AGAINST WOMEN, PARTICULARLY WITH RESPECT TO THE CRIME OF * * RAPE; * * (2) RAPE IS AN ABOMINABLE AND REPUGNANT CRIME, AND ONE THAT IS * * SEVERELY UNDERREPORTED TO LAW ENFORCEMENT AUTHORITIES BECAUSE OF ITS* * STIGMATIZING NATURE; * * (3) THE VICTIMS OF RAPE ARE OFTEN FURTHER VICTIMIZED BY A CRIMINAL* * JUSTICE SYSTEM THAT IS INSENSITIVE TO THE TRAUMA CAUSED BY THE CRIME* * AND ARE INCREASINGLY VICTIMIZED BY NEWS MEDIA THAT ARE INSENSITIVE * * TO THE VICTIM'S EMOTIONAL AND PSYCHOLOGICAL NEEDS; * * (4) RAPE VICTIMS' NEED FOR PRIVACY SHOULD BE RESPECTED; * * (5) RAPE VICTIMS NEED TO BE ENCOURAGED TO COME FORWARD AND REPORT * * THE CRIME OF RAPE WITHOUT FEAR OF BEING REVICTIMIZED THROUGH * * INVOLUNTARY PUBLIC DISCLOSURE OF THEIR IDENTITIES; * * (6) RAPE VICTIMS NEED A REASONABLE EXPECTATION THAT THEIR PHYSICAL* * SAFETY WILL BE PROTECTED AGAINST RETALIATION OR HARASSMENT BY AN * * ASSAILANT; * * (7) THE NEWS MEDIA SHOULD, IN THE EXERCISE OF THEIR DISCRETION, * * BALANCE THE PUBLIC'S INTEREST IN KNOWING FACTS REPORTED BY FREE NEWS* * MEDIA AGAINST IMPORTANT PRIVACY INTERESTS OF A RAPE VICTIM, AND AN * * ABSOLUTIST VIEW OF THE PUBLIC INTEREST LEADS TO INSENSITIVITY TO A * * VICTIM'S PRIVACY INTEREST; AND * * (8) THE PUBLIC'S INTEREST IN KNOWING THE IDENTITY OF A RAPE VICTIM* * IS SMALL COMPARED WITH THE INTERESTS OF MAINTAINING THE PRIVACY OF * * RAPE VICTIMS AND ENCOURAGING RAPE VICTIMS TO REPORT AND ASSIST IN * * THE PROSECUTION OF THE CRIME OF RAPE. * * (B) SENSE OF THE SENATE.-IT IS THE SENSE OF THE SENATE THAT NEWS * *MEDIA, LAW ENFORCEMENT OFFICERS, AND OTHER PERSONS SHOULD EXERCISE * *RESTRAINT AND RESPECT A RAPE VICTIM'S PRIVACY BY NOT DISCLOSING THE * *VICTIM'S IDENTITY TO THE GENERAL PUBLIC OR FACILITATING SUCH DISCLOSURE * *WITHOUT THE CONSENT OF THE VICTIM. * *TITLE XXXV-SAFE CAMPUSES FOR WOMEN * *SEC. 3501. AUTHORIZATION OF APPROPRIATIONS. * * Section 1541(i) of the Higher Education Amendments of 1992 (20 U.S.C. * *1145h(i)) is amended to read as follows: * * "(i) For the purpose of carrying out this part, there are authorized * *to be appropriated $20,000,000 for fiscal year 1994 and such sums as are* *necessary for fiscal years 1995, 1996, and 1997.". * *TITLE XXXVI-EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT * *SEC. 3601. SHORT TITLE. * * This title may be cited as the "Equal Justice for Women in the Courts * *Act of 1993". * *Subtitle A-Education and Training for Judges and Court Personnel in * *State Courts * *SEC. 3611. GRANTS AUTHORIZED. * * The State Justice Institute may award grants for the purpose of * *developing, testing, presenting, and disseminating model programs to be * *used by States in training judges and court personnel in the laws of the* *States on rape, sexual assault, domestic violence, and other crimes of * *violence motivated by the victim's gender. * *SEC. 3612. TRAINING PROVIDED BY GRANTS. * * Training provided pursuant to grants made under this subtitle may * *include current information, existing studies, or current data on- * * (1) the nature and incidence of rape and sexual assault by * * strangers and nonstrangers, marital rape, and incest; * * (2) the underreporting of rape, sexual assault, and child sexual * * abuse; * * (3) the physical, psychological, and economic impact of rape and * * sexual assault on the victim, the costs to society, and the * * implications for sentencing; * * (4) the psychology of sex offenders, their high rate of * * recidivism, and the implications for sentencing; * * (5) the historical evolution of laws and attitudes on rape and * * sexual assault; * * (6) sex stereotyping of female and male victims of rape and sexual* * assault, racial stereotyping of rape victims and defendants, and the* * impact of such stereotypes on credibility of witnesses, sentencing, * * and other aspects of the administration of justice; * * (7) application of rape shield laws and other limits on * * introduction of evidence that may subject victims to improper sex * * stereotyping and harassment in both rape and nonrape cases, * * including the need for sua sponte judicial intervention in * * inappropriate cross-examination; * * (8) the use of expert witness testimony on rape trauma syndrome, * * child sexual abuse accommodation syndrome, post-traumatic stress * * syndrome, and similar issues; * * (9) the legitimate reasons why victims of rape, sexual assault, * * and incest may refuse to testify against a defendant; * * (10) the nature and incidence of domestic violence; * * (11) the physical, psychological, and economic impact of domestic * * violence on the victim, the costs to society, and the implications * * for court procedures and sentencing; * * (12) the psychology and self-presentation of batterers and victims* * and the implications for court proceedings and credibility of * * witnesses; * * (13) sex stereotyping of female and male victims of domestic * * violence, myths about presence or absence of domestic violence in * * certain racial, ethnic, religious, or socioeconomic groups, and * * their impact on the administration of justice; * * (14) historical evolution of laws and attitudes on domestic * * violence; * * (15) proper and improper interpretations of the defenses of * * self-defense and provocation, and the use of expert witness * * testimony on battered woman syndrome; * * (16) the likelihood of retaliation, recidivism, and escalation of * * violence by batterers, and the potential impact of incarceration and* * other meaningful sanctions for acts of domestic violence including * * violations of orders of protection; * * (17) economic, psychological, social and institutional reasons for* * victims' inability to leave the batterer, to report domestic * * violence or to follow through on complaints, including the influence* * of lack of support from police, judges, and court personnel, and the* * legitimate reasons why victims of domestic violence may refuse to * * testify against a defendant; * * (18) the need for orders of protection, and the implications of * * mutual orders of protection, dual arrest policies, and mediation in * * domestic violence cases; * * (19) recognition of and response to gender-motivated crimes of * * violence other than rape, sexual assault and domestic violence, such* * as mass or serial murder motivated by the gender of the victims; and* * (20) current information on the impact of pornography on crimes * * against women, or data on other activities that tend to degrade * * women. * *SEC. 3613. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER * *THIS TITLE. * * The State Justice Institute shall ensure that model programs carried * *out pursuant to grants made under this subtitle are developed with the * *participation of law enforcement officials, public and private nonprofit* *victim advocates, legal experts, prosecutors, defense attorneys, and * *recognized experts on gender bias in the courts. * *SEC. 3614. AUTHORIZATION OF APPROPRIATIONS. * * There is authorized to be appropriated to carry out this subtitle * *$600,000 for fiscal year 1994. Of amounts appropriated under this * *section, the State Justice Institute shall expend no less than 40 * *percent on model programs regarding domestic violence and no less than * *40 percent on model programs regarding rape and sexual assault. * *Subtitle B-Education and Training for Judges and Court Personnel in * *Federal Courts * *SEC. 3621. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING * *GRANTS. * * (a) STUDY.-IN ORDER TO GAIN A BETTER UNDERSTANDING OF THE NATURE AND * *THE EXTENT OF GENDER BIAS IN THE FEDERAL COURTS, THE CIRCUIT JUDICIAL * *COUNCILS ARE ENCOURAGED TO CONDUCT STUDIES OF THE INSTANCES, IF ANY, OF * *GENDER BIAS IN THEIR RESPECTIVE CIRCUITS. THE STUDIES MAY INCLUDE AN * *EXAMINATION OF THE EFFECTS OF GENDER ON- * * (1) THE TREATMENT OF LITIGANTS, WITNESSES, ATTORNEYS, JURORS, AND * * JUDGES IN THE COURTS, INCLUDING BEFORE MAGISTRATE AND BANKRUPTCY * * JUDGES; * * (2) THE INTERPRETATION AND APPLICATION OF THE LAW, BOTH CIVIL AND * * CRIMINAL; * * (3) TREATMENT OF DEFENDANTS IN CRIMINAL CASES; * * (4) TREATMENT OF VICTIMS OF VIOLENT CRIMES; * * (5) SENTENCING; * * (6) SENTENCING ALTERNATIVES, FACILITIES FOR INCARCERATION, AND THE* * NATURE OF SUPERVISION OF PROBATION AND PAROLE; * * (7) APPOINTMENTS TO COMMITTEES OF THE JUDICIAL CONFERENCE AND THE * * COURTS; * * (8) CASE MANAGEMENT AND COURT SPONSORED ALTERNATIVE DISPUTE * * RESOLUTION PROGRAMS; * * (9) THE SELECTION, RETENTION, PROMOTION, AND TREATMENT OF * * EMPLOYEES; * * (10) APPOINTMENT OF ARBITRATORS, EXPERTS, AND SPECIAL MASTERS; AND* * (11) THE ASPECTS OF THE TOPICS LISTED IN SECTION 3612 THAT * * PERTAIN TO ISSUES WITHIN THE JURISDICTION OF THE FEDERAL COURTS. * * (B) CLEARINGHOUSE.-THE JUDICIAL CONFERENCE OF THE UNITED STATES SHALL * *DESIGNATE AN ENTITY WITHIN THE JUDICIAL BRANCH TO ACT AS A CLEARINGHOUSE* *TO DISSEMINATE ANY REPORTS AND MATERIALS ISSUED BY THE GENDER BIAS TASK * *FORCES UNDER SUBSECTION (A) AND TO RESPOND TO REQUESTS FOR SUCH REPORTS * *AND MATERIALS. THE GENDER BIAS TASK FORCES SHALL PROVIDE THIS ENTITY * *WITH THEIR REPORTS AND RELATED MATERIAL. * * (C) MODEL PROGRAMS.-THE FEDERAL JUDICIAL CENTER, IN CARRYING OUT * *SECTION 620(B)(3) OF TITLE 28, UNITED STATES CODE, MAY- * * (1) INCLUDE IN THE EDUCATIONAL PROGRAMS IT PRESENTS AND PREPARES, * * INCLUDING THE TRAINING PROGRAMS FOR NEWLY APPOINTED JUDGES, * * INFORMATION ON ISSUES RELATED TO GENDER BIAS IN THE COURTS INCLUDING* * SUCH AREAS AS ARE LISTED IN SUBSECTION (A) ALONG WITH SUCH OTHER * * TOPICS AS THE FEDERAL JUDICIAL CENTER DEEMS APPROPRIATE; * * (2) PREPARE MATERIALS NECESSARY TO IMPLEMENT THIS SUBSECTION; AND * * (3) TAKE INTO CONSIDERATION THE FINDINGS AND RECOMMENDATIONS OF * * THE STUDIES CONDUCTED PURSUANT TO SUBSECTION (A), AND TO CONSULT * * WITH INDIVIDUALS AND GROUPS WITH RELEVANT EXPERTISE IN GENDER BIAS * * ISSUES AS IT PREPARES OR REVISES SUCH MATERIALS. * *SEC. 3622. AUTHORIZATION OF APPROPRIATIONS. * * (a) IN GENERAL.-THERE IS AUTHORIZED TO BE APPROPRIATED- * * (1) $400,000 TO THE SALARIES AND EXPENSES ACCOUNT OF THE COURTS OF* * APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL SERVICES, TO CARRY OUT * * SECTION 3621(A), TO BE AVAILABLE UNTIL EXPENDED THROUGH FISCAL YEAR * * 1995; * * (2) $100,000 TO THE FEDERAL JUDICIAL CENTER TO CARRY OUT SECTION * * 3621(C) AND ANY ACTIVITIES DESIGNATED BY THE JUDICIAL CONFERENCE * * UNDER SECTION 3621(B); AND * * (3) SUCH SUMS AS ARE NECESSARY TO THE ADMINISTRATIVE OFFICE OF THE* * UNITED STATES COURTS TO CARRY OUT ANY ACTIVITIES DESIGNATED BY THE * * JUDICIAL CONFERENCE UNDER SECTION 3621(B). * * (B) THE JUDICIAL CONFERENCE OF THE UNITED STATES.-(1) THE JUDICIAL * *CONFERENCE OF THE UNITED STATES COURTS SHALL ALLOCATE FUNDS TO FEDERAL * *CIRCUIT COURTS UNDER THIS SUBTITLE THAT- * * (A) UNDERTAKE STUDIES IN THEIR OWN CIRCUITS; OR * * (B) IMPLEMENT REFORMS RECOMMENDED AS A RESULT OF SUCH STUDIES IN * * THEIR OWN OR OTHER CIRCUITS, INCLUDING EDUCATION AND TRAINING. * * (2) FUNDS SHALL BE ALLOCATED TO FEDERAL CIRCUITS UNDER THIS SUBTITLE * *ON A FIRST COME FIRST SERVE BASIS IN AN AMOUNT NOT TO EXCEED $50,000 ON * *THE FIRST APPLICATION. IF WITHIN 6 MONTHS AFTER THE DATE ON WHICH FUNDS * *AUTHORIZED UNDER THIS ACT BECOME AVAILABLE, FUNDS ARE STILL AVAILABLE, * *CIRCUITS THAT HAVE RECEIVED FUNDS MAY REAPPLY FOR ADDITIONAL FUNDS, WITH* *NOT MORE THAN $200,000 GOING TO ANY ONE CIRCUIT. * *TITLE XXXVII-VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS * *SEC. 3701. PRE-TRIAL DETENTION IN SEX OFFENSE CASES. * * Section 3156(a)(4) of title 18, United States Code, is amended- * * (1) by striking "or" at the end of subparagraph (A); * * (2) by striking the period at the end of subparagraph (B) and * * inserting "; or"; and * * (3) by adding after subparagraph (B) the following new * * subparagraph: * * "(C) any felony under chapter 109A or chapter 110.". * *SEC. 3702. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW * *THE AGE OF 16. * * Section 2245(2) of title 18, United States Code, is amended- * * (1) by striking "or" at the end of subparagraph (B); * * (2) by striking "; and" at the end of subparagraph (C) and * * inserting "; or"; and * * (3) by inserting after subparagraph (C) the following new * * subparagraph: * * "(D) the intentional touching, not through the clothing, of the * * genitalia of another person who has not attained the age of 16 years* * with an intent to abuse, humiliate, harass, degrade, or arouse or * * gratify the sexual desire of any person;". * *SEC. 3703. PAYMENT OF COST OF HIV TESTING. * * (a) FOR VICTIMS IN SEX OFFENSE CASES.-SECTION 503(C)(7) OF THE * *VICTIMS' RIGHTS AND RESTITUTION ACT OF 1990 (42 U.S.C. 10607(C)(7)) IS * *AMENDED BY ADDING AT THE END THE FOLLOWING: "THE ATTORNEY GENERAL SHALL * *AUTHORIZE THE DIRECTOR OF THE OFFICE OF VICTIMS OF CRIME TO PROVIDE FOR * *THE PAYMENT OF THE COST OF UP TO TWO TESTS OF THE VICTIM FOR THE HUMAN * *IMMUNODEFICIENCY VIRUS DURING THE 12 MONTHS FOLLOWING A SERIOUS ASSAULT,* *AND THE COST OF A COUNSELING SESSION BY A MEDICALLY TRAINED PROFESSIONAL* *ON THE ACCURACY OF SUCH TESTS AND THE RISK OF TRANSMISSION OF THE HUMAN * *IMMUNODEFICIENCY VIRUS TO THE VICTIM AS THE RESULT OF THE ASSAULT.". * * (B) TESTING OF CERTAIN INDIVIDUALS CHARGED WITH CERTAIN SEXUAL * *OFFENSES FOR THE PRESENCE OF THE ETIOLOGIC AGENT FOR AIDS.-VICTIMS OF * *ANY OFFENSE OF THE TYPE DESCRIBED IN CHAPTER 109A OF TITLE 18, UNITED * *STATES CODE, SHALL AFTER APPROPRIATE COUNSELING, ON REQUEST, BE PROVIDED* *WITH- * * (1) ANONYMOUS AND CONFIDENTIAL TESTING FOR THE PRESENCE OF THE * * ETIOLOGIC AGENT FOR ACQUIRED IMMUNE DEFICIENCY SYNDROME, AND * * COUNSELING CONCERNING SUCH, AT NO COST BY APPROPRIATELY TRAINED * * STAFF OPERATING THROUGH APPROPRIATE SERVICE PROVIDERS, INCLUDING * * RAPE CRISIS CENTERS, COMMUNITY HEALTH CENTERS, PUBLIC HEALTH * * CLINICS, PHYSICIANS, OR OTHER APPROPRIATE SERVICE PROVIDERS; * * FOLLOW-UP TESTS AND COUNSELING WILL BE AVAILABLE AT NO COST ON DATES* * THAT OCCUR THREE, SIX AND TWELVE MONTHS FOLLOWING THE INITIAL TEST; * * AND * * (2) NECESSARY AND APPROPRIATE MEDICAL CARE. * * (C) LIMITED TESTING OF DEFENDANTS.- *