*DEEMS APPROPRIATE, TO THE PARENT OR LEGAL GUARDIAN OF THE VICTIM, AND TO* *THE PERSON TESTED. THE VICTIM MAY DISCLOSE THE TEST RESULTS ONLY TO ANY * *PERSONAL PHYSICIAN OR SEXUAL PARTNER(S) SHE MAY HAVE HAD SINCE THE * *ATTACK. * * (E) DISCLOSURE OF TEST RESULTS.-THE COURT SHALL ISSUE AN ORDER TO * *PROHIBIT THE DISCLOSURE OF THE RESULTS OF ANY TEST PERFORMED UNDER THIS * *SECTION TO ANYONE OTHER THAN THOSE MENTIONED IN SUBSECTION (C). THE * *CONTENTS OF THE COURT PROCEEDINGS AND TEST RESULTS PURSUANT TO THIS * *SECTION SHALL BE SEALED. THE RESULTS OF SUCH TEST PERFORMED ON THE * *DEFENDANT UNDER THIS SECTION SHALL NOT BE USED AS EVIDENCE IN ANY * *CRIMINAL TRIAL. * * (F) CONTEMPT FOR DISCLOSURE.-ANY PERSON WHO DISCLOSES THE RESULTS OF A* *TEST IN VIOLATION OF THIS SECTION MAY BE HELD IN CONTEMPT OF COURT. * * (G) PENALTIES FOR INTENTIONAL TRANSMISSION OF HIV.-NOT LATER THAN 6 * *MONTHS AFTER THE DATE OF ENACTMENT OF THIS SECTION, THE UNITED STATES * *SENTENCING COMMISSION SHALL CONDUCT A STUDY AND PREPARE AND SUBMIT TO * *THE APPROPRIATE COMMITTEES OF CONGRESS A REPORT CONCERNING * *RECOMMENDATIONS FOR THE REVISION OF SENTENCING GUIDELINES THAT RELATE TO* *OFFENSES IN WHICH AN HIV INFECTED INDIVIDUAL ENGAGES IN SEXUAL ACTIVITY * *IF THE INDIVIDUAL KNOWS THAT HE OR SHE IS INFECTED WITH HIV AND INTENDS,* *THROUGH SUCH SEXUAL ACTIVITY, TO EXPOSE ANOTHER TO HIV. * * (H) AUTHORIZATION OF APPROPRIATIONS.-THERE IS AUTHORIZED TO BE * *APPROPRIATED SUCH SUMS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF * *THIS SECTION. * *SEC. 3704. EXTENSION AND STRENGTHENING OF RESTITUTION. * * Section 3663(b) of title 18, United States Code, is amended- * * (1) in paragraph (2) by inserting "including an offense under * * chapter 109A or chapter 110" after "an offense resulting in bodily * * injury to a victim"; * * (2) by striking "and" at the end of paragraph (3); * * (3) by redesignating paragraph (4) as paragraph (5); and * * (4) by inserting after paragraph (3) the following new paragraph: * * "(4) in any case, reimburse the victim for lost income and * * necessary child care, transportation, and other expenses related to * * participation in the investigation or prosecution of the offense or * * attendance at proceedings related to the offense; and". * *SEC. 3705. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF * *FEDERAL BENEFITS. * * Section 3663 of title 18, United States Code, is amended- * * (1) by redesignating subsections (g) and (h) as subsections (h) * * and (i), respectively; and * * (2) by inserting after subsection (f) the following new * * subsection: * * "(g)(1) If the defendant is delinquent in making restitution in * *accordance with any schedule of payments or any requirement of immediate* *payment imposed under this section, the court may, after a hearing, * *suspend the defendant's eligibility for all Federal benefits until such * *time as the defendant demonstrates to the court good-faith efforts to * *return to such schedule. * * "(2) In this subsection- * * "(A) 'Federal benefits'- * * "(i) means any grant, contract, loan, professional license, or* * commercial license provided by an agency of the United States or* * appropriated funds of the United States; and * * "(ii) does not include any retirement, welfare, Social * * Security, health, disability, veterans benefit, public housing, * * or other similar benefit, or any other benefit for which * * payments or services are required for eligibility. * * "(B) 'veterans benefit' means all benefits provided to veterans, * * their families, or survivors by virtue of the service of a veteran * * in the Armed Forces of the United States.". * *SEC. 3706. INADMISSIBILITY OF EVIDENCE TO SHOW PROVOCATION OR INVITATION* *BY VICTIM IN SEX OFFENSE CASES. * * (a) RULE.-THE FEDERAL RULES OF EVIDENCE, AS AMENDED BY SECTION 3254, * *ARE AMENDED BY ADDING AFTER RULE 413 THE FOLLOWING NEW RULE: * *"Rule 414. Inadmissibility of Evidence to Show Invitation or * *Provocation by Victim in Sexual Abuse Cases * * "In a criminal case in which a person is accused of an offense * *involving conduct proscribed by chapter 109A of title 18, United States * *Code, evidence is not admissible to show that the alleged victim invited* *or provoked the commission of the offense. This rule does not limit the* *admission of evidence of consent by the alleged victim if the issue of * *consent is relevant to liability and the evidence is otherwise * *admissible under these rules.". * * (b) TECHNICAL AMENDMENT.-THE TABLE OF CONTENTS FOR THE FEDERAL RULES * *OF EVIDENCE, AS AMENDED BY SECTION 4, IS AMENDED BY INSERTING AFTER THE * *ITEM RELATING TO RULE 413 THE FOLLOWING NEW ITEM: * *"414. Inadmissibility of evidence to show invitation or provocation by * *victim in sexual abuse cases.". * *SEC. 3707. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT. * * (a) STUDY.-THE ATTORNEY GENERAL SHALL PROVIDE FOR A NATIONAL BASELINE * *STUDY TO EXAMINE THE SCOPE OF THE PROBLEM OF CAMPUS SEXUAL ASSAULTS AND * *THE EFFECTIVENESS OF INSTITUTIONAL AND LEGAL POLICIES IN ADDRESSING SUCH* *CRIMES AND PROTECTING VICTIMS. THE ATTORNEY GENERAL MAY UTILIZE THE * *BUREAU OF JUSTICE STATISTICS, THE NATIONAL INSTITUTE OF JUSTICE, AND THE* *OFFICE FOR VICTIMS OF CRIME IN CARRYING OUT THIS SECTION. * * (B) REPORT.-BASED ON THE STUDY REQUIRED BY SUBSECTION (A), THE * *ATTORNEY GENERAL SHALL PREPARE A REPORT INCLUDING AN ANALYSIS OF- * * (1) THE NUMBER OF REPORTED ALLEGATIONS AND ESTIMATED NUMBER OF * * UNREPORTED ALLEGATIONS OF CAMPUS SEXUAL ASSAULTS, AND TO WHOM THE * * ALLEGATIONS ARE REPORTED (INCLUDING AUTHORITIES OF THE EDUCATIONAL * * INSTITUTION, SEXUAL ASSAULT VICTIM SERVICE ENTITIES, AND LOCAL * * CRIMINAL AUTHORITIES); * * (2) THE NUMBER OF CAMPUS SEXUAL ASSAULT ALLEGATIONS REPORTED TO * * AUTHORITIES OF EDUCATIONAL INSTITUTIONS WHICH ARE REPORTED TO * * CRIMINAL AUTHORITIES; * * (3) THE NUMBER OF CAMPUS SEXUAL ASSAULT ALLEGATIONS THAT RESULT IN* * CRIMINAL PROSECUTION IN COMPARISON WITH THE NUMBER OF NON-CAMPUS * * SEXUAL ASSAULT ALLEGATIONS THAT RESULT IN CRIMINAL PROSECUTION; * * (4) FEDERAL AND STATE LAWS OR REGULATIONS PERTAINING SPECIFICALLY * * TO CAMPUS SEXUAL ASSAULTS; * * (5) THE ADEQUACY OF POLICIES AND PRACTICES OF EDUCATIONAL * * INSTITUTIONS IN ADDRESSING CAMPUS SEXUAL ASSAULTS AND PROTECTING * * VICTIMS, INCLUDING CONSIDERATION OF- * * (A) THE SECURITY MEASURES IN EFFECT AT EDUCATIONAL * * INSTITUTIONS, SUCH AS UTILIZATION OF CAMPUS POLICE AND SECURITY * * GUARDS, CONTROL OVER ACCESS TO GROUNDS AND BUILDINGS, * * SUPERVISION OF STUDENT ACTIVITIES AND STUDENT LIVING * * ARRANGEMENTS, CONTROL OVER THE CONSUMPTION OF ALCOHOL BY * * STUDENTS, LIGHTING, AND THE AVAILABILITY OF ESCORT SERVICES; * * (B) THE ARTICULATION AND COMMUNICATION TO STUDENTS OF THE * * INSTITUTION'S POLICIES CONCERNING SEXUAL ASSAULTS; * * (C) POLICIES AND PRACTICES THAT MAY PREVENT OR DISCOURAGE THE * * REPORTING OF CAMPUS SEXUAL ASSAULTS TO LOCAL CRIMINAL * * AUTHORITIES, OR THAT MAY OTHERWISE OBSTRUCT JUSTICE OR INTERFERE* * WITH THE PROSECUTION OF PERPETRATORS OF CAMPUS SEXUAL ASSAULTS; * * (D) THE NATURE AND AVAILABILITY OF VICTIM SERVICES FOR VICTIMS* * OF CAMPUS SEXUAL ASSAULTS; * * (E) THE ABILITY OF EDUCATIONAL INSTITUTIONS' DISCIPLINARY * * PROCESSES TO ADDRESS ALLEGATIONS OF SEXUAL ASSAULT ADEQUATELY * * AND FAIRLY; * * (F) MEASURES THAT ARE TAKEN TO ENSURE THAT VICTIMS ARE FREE OF* * UNWANTED CONTACT WITH ALLEGED ASSAILANTS, AND DISCIPLINARY * * SANCTIONS THAT ARE IMPOSED WHEN A SEXUAL ASSAULT IS DETERMINED * * TO HAVE OCCURRED; AND * * (G) THE GROUNDS ON WHICH EDUCATIONAL INSTITUTIONS ARE SUBJECT * * TO LAWSUITS BASED ON CAMPUS SEXUAL ASSAULTS, THE RESOLUTION OF * * THESE CASES, AND MEASURES THAT CAN BE TAKEN TO AVOID THE * * LIKELIHOOD OF LAWSUITS AND CIVIL LIABILITY; * * (6) AN ASSESSMENT OF THE POLICIES AND PRACTICES OF EDUCATIONAL * * INSTITUTIONS THAT ARE OF GREATEST EFFECTIVENESS IN ADDRESSING CAMPUS* * SEXUAL ASSAULTS AND PROTECTING VICTIMS, INCLUDING POLICIES AND * * PRACTICES RELATING TO THE PARTICULAR ISSUES DESCRIBED IN PARAGRAPH * * (5); AND * * (7) ANY RECOMMENDATIONS THE ATTORNEY GENERAL MAY HAVE FOR REFORMS * * TO ADDRESS CAMPUS SEXUAL ASSAULTS AND PROTECT VICTIMS MORE * * EFFECTIVELY, AND ANY OTHER MATTERS THAT THE ATTORNEY GENERAL DEEMS * * RELEVANT TO THE SUBJECT OF THE STUDY AND REPORT REQUIRED BY THIS * * SECTION. * * (C) SUBMISSION OF REPORT.-THE REPORT REQUIRED BY SUBSECTION (B) SHALL * *BE SUBMITTED TO THE CONGRESS NO LATER THAN SEPTEMBER 1, 1995. * * (D) DEFINITION.-FOR PURPOSES OF THIS SECTION, "CAMPUS SEXUAL ASSAULTS"* *INCLUDES SEXUAL ASSAULTS OCCURRING AT INSTITUTIONS OF POSTSECONDARY * *EDUCATION AND SEXUAL ASSAULTS COMMITTED AGAINST OR BY STUDENTS OR * *EMPLOYEES OF SUCH INSTITUTIONS. * * (E) AUTHORIZATION OF APPROPRIATION.-THERE IS AUTHORIZED TO BE * *APPROPRIATED $200,000 TO CARRY OUT THE STUDY REQUIRED BY THIS SECTION. * *SEC. 3708. REPORT ON BATTERED WOMEN'S SYNDROME. * * (a) REPORT.-THE ATTORNEY GENERAL SHALL PREPARE AND TRANSMIT TO THE * *CONGRESS A REPORT ON THE STATUS OF BATTERED WOMEN'S SYNDROME AS A * *MEDICAL AND PSYCHOLOGICAL CONDITION AND ON ITS EFFECT IN CRIMINAL * *TRIALS. THE ATTORNEY GENERAL MAY UTILIZE THE NATIONAL INSTITUTE OF * *JUSTICE TO OBTAIN INFORMATION REQUIRED FOR THE PREPARATION OF THE * *REPORT. * * (B) COMPONENTS OF REPORT.-THE REPORT DESCRIBED IN SUBSECTION (A) SHALL* *INCLUDE- * * (1) A REVIEW OF MEDICAL AND PSYCHOLOGICAL VIEWS CONCERNING THE * * EXISTENCE, NATURE, AND EFFECTS OF BATTERED WOMEN'S SYNDROME AS A * * PSYCHOLOGICAL CONDITION; * * (2) A COMPILATION OF JUDICIAL DECISIONS THAT HAVE ADMITTED OR * * EXCLUDED EVIDENCE OF BATTERED WOMEN'S SYNDROME AS EVIDENCE OF GUILT * * OR AS A DEFENSE IN CRIMINAL TRIALS; AND * * (3) INFORMATION ON THE VIEWS OF JUDGES, PROSECUTORS, AND DEFENSE * * ATTORNEYS CONCERNING THE EFFECTS THAT EVIDENCE OF BATTERED WOMEN'S * * SYNDROME MAY HAVE IN CRIMINAL TRIALS. * *SEC. 3709. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF * *DOMESTIC VIOLENCE. * * (a) REPORT.-THE ATTORNEY GENERAL SHALL CONDUCT A STUDY OF THE MEANS BY* *WHICH ABUSIVE SPOUSES MAY OBTAIN INFORMATION CONCERNING THE ADDRESSES OR* *LOCATIONS OF ESTRANGED OR FORMER SPOUSES, NOTWITHSTANDING THE DESIRE OF * *THE VICTIMS TO HAVE SUCH INFORMATION WITHHELD TO AVOID FURTHER EXPOSURE * *TO ABUSE. BASED ON THE STUDY, THE ATTORNEY GENERAL SHALL TRANSMIT A * *REPORT TO CONGRESS INCLUDING- * * (1) THE FINDINGS OF THE STUDY CONCERNING THE MEANS BY WHICH * * INFORMATION CONCERNING THE ADDRESSES OR LOCATIONS OF ABUSED SPOUSES * * MAY BE OBTAINED BY ABUSERS; AND * * (2) ANALYSIS OF THE FEASIBILITY OF CREATING EFFECTIVE MEANS OF * * PROTECTING THE CONFIDENTIALITY OF INFORMATION CONCERNING THE * * ADDRESSES AND LOCATIONS OF ABUSED SPOUSES TO PROTECT SUCH PERSONS * * FROM EXPOSURE TO FURTHER ABUSE WHILE PRESERVING ACCESS TO SUCH * * INFORMATION FOR LEGITIMATE PURPOSES. * * (B) USE OF COMPONENTS.-THE ATTORNEY GENERAL MAY USE THE NATIONAL * *INSTITUTE OF JUSTICE AND THE OFFICE FOR VICTIMS OF CRIME IN CARRYING OUT* *THIS SECTION. * *SEC. 3710. REPORT ON RECORDKEEPING RELATING TO DOMESTIC VIOLENCE. * * Not later than 1 year after the date of enactment of this Act, the * *Attorney General shall complete a study of, and shall submit to Congress* *a report and recommendations on, problems of recordkeeping of criminal * *complaints involving domestic violence. The study and report shall * *examine- * * (1) the efforts that have been made by the Department of Justice, * * including the Federal Bureau of Investigation, to collect statistics* * on domestic violence; and * * (2) the feasibility of requiring that the relationship between an * * offender and victim be reported in Federal records of * *crimes of aggravated assault, rape, and other violent crimes. * *SEC. 3711. REPORT ON FAIR TREATMENT IN LEGAL PROCEEDINGS. * * Not later than 180 days after the date of enactment of this Act, the * *Judicial Conference of the United States shall review and make * *recommendations, and report to Congress, regarding the advisability of * *creating Federal rules of professional conduct for lawyers in Federal * *cases involving sexual misconduct that- * * (1) protect litigants from a course of conduct intended solely for* * the purpose of distressing, harassing, embarrassing, burdening, or * * inconveniencing litigants; * * (2) counsel against reliance on generalizations or stereotypes * * that demean, disgrace, or humiliate on the basis of gender; * * (3) protect litigants from a course of conduct intended solely to * * increase the expense of litigation; and * * (4) prohibit counsel from offering evidence that the lawyer knows * * to be false or from discrediting evidence the lawyer knows to be * * true. * *SEC. 3712. REPORT ON FEDERAL RULE OF EVIDENCE 404. * * (a) STUDY.-NOT LATER THAN 180 DAYS AFTER THE DATE OF ENACTMENT OF THIS* *ACT, THE JUDICIAL CONFERENCE SHALL COMPLETE A STUDY OF, AND SHALL SUBMIT* *TO CONGRESS RECOMMENDATIONS FOR AMENDING, RULE 404 OF THE FEDERAL RULES * *OF EVIDENCE AS IT AFFECTS THE ADMISSION OF EVIDENCE OF A DEFENDANT'S * *PRIOR SEX CRIMES IN CASES BROUGHT PURSUANT TO CHAPTER 109A OR OTHER * *CASES INVOLVING SEXUAL MISCONDUCT. * * (B) SPECIFIC ISSUES.-THE STUDY DESCRIBED IN SUBSECTION (A) SHALL * *INCLUDE- * * (1) A SURVEY OF EXISTING LAW ON THE INTRODUCTION OF PRIOR SIMILAR * * SEX CRIMES UNDER STATE AND FEDERAL EVIDENTIARY RULES; * * (2) A RECOMMENDATION CONCERNING WHETHER RULE 404 SHOULD BE AMENDED* * TO INTRODUCE EVIDENCE OF PRIOR SEX CRIMES AND, IF SO- * * (A) WHETHER SUCH ACTS COULD BE USED TO PROVE THE DEFENDANT'S * * PROPENSITY TO ACT THEREWITH; AND * * (B) WHETHER EVIDENCE OF PRIOR SIMILAR SEX CRIMES SHOULD BE * * ADMITTED FOR PURPOSES OTHER THAN TO SHOW CHARACTER; * * (3) A RECOMMENDATION CONCERNING WHETHER EVIDENCE OF SIMILAR ACTS, * * IF ADMITTED, SHOULD MEET A THRESHOLD OF SIMILARITY TO THE CRIME * * CHARGED; * * (4) A RECOMMENDATION CONCERNING WHETHER EVIDENCE OF SIMILAR ACTS, * * IF ADMITTED, SHOULD BE LIMITED TO A CERTAIN TIME PERIOD, (SUCH AS 10* * YEARS); AND * * (5) THE EFFECT, IF ANY, OF THE ADOPTION OF ANY PROPOSED CHANGES ON* * THE ADMISSIBILITY OF EVIDENCE UNDER RULE 412 OF THE FEDERAL RULES OF* * EVIDENCE. * *SEC. 3713. SUPPLEMENTARY GRANTS FOR STATES ADOPTING EFFECTIVE LAWS * *RELATING TO SEXUAL VIOLENCE. * * (a) IN GENERAL.-THE ATTORNEY GENERAL MAY, IN EACH FISCAL YEAR, AWARD * *AN AGGREGATE AMOUNT OF UP TO $1,000,000 TO A STATE THAT MEETS THE * *ELIGIBILITY REQUIREMENTS OF SUBSECTION (B). * * (B) ELIGIBILITY.-THE AUTHORITY TO AWARD ADDITIONAL FUNDING UNDER THIS * *SECTION IS CONDITIONAL ON CERTIFICATION BY THE ATTORNEY GENERAL THAT THE* *STATE HAS LAWS OR POLICIES RELATING TO SEXUAL VIOLENCE THAT EXCEED OR * *ARE REASONABLY COMPARABLE TO THE PROVISIONS OF FEDERAL LAW (INCLUDING * *CHANGES IN FEDERAL LAW MADE BY THIS ACT) IN THE FOLLOWING AREAS: * * (1) PROVISION OF TRAINING AND POLICY DEVELOPMENT PROGRAMS FOR LAW * * ENFORCEMENT OFFICERS, PROSECUTORS, AND JUDGES CONCERNING THE * * INVESTIGATION AND PROSECUTION OF SEXUAL OFFENSES. * * (2) AUTHORIZATION OF LAW ENFORCEMENT AND PROSECUTORIAL UNITS AND * * TEAMS THAT TARGET SEXUAL VIOLENCE. * * (3) FUNDING OF VICTIM SERVICES PROGRAMS FOR VICTIMS OF SEXUAL * * VIOLENCE. * * (4) AUTHORIZATION OF EDUCATIONAL AND INFORMATIONAL PROGRAMS * * RELATING TO SEXUAL VIOLENCE. * * (5) AUTHORIZATION OF PRETRIAL DETENTION OF DEFENDANTS IN SEXUAL * * ASSAULT CASES WHERE PROVISION OF FLIGHT OR THE SAFETY OF OTHERS * * CANNOT BE REASONABLY ASSURED BY OTHER MEANS. * * (6) AUTHORIZATION OF SERIOUS PENALTIES FOR NONCONSENSUAL SEXUAL * * ASSAULT OFFENSES. * * (7) PAYMENT OF THE COST OF MEDICAL EXAMINATIONS AND TESTING BY THE* * VICTIM FOR SEXUALLY TRANSMITTED DISEASES. * * (8) PROVISION OF RAPE SHIELD PROTECTION TO ENSURE THAT VICTIMS OF * * SEXUAL ASSAULT ARE PROTECTED FROM INQUIRY INTO UNRELATED SEXUAL * * BEHAVIOR IN SEXUAL ASSAULT CASES. * * (9) PROVISION OF RULES OF PROFESSIONAL CONDUCT INTENDED TO PROTECT* * AGAINST A COURSE OF CONDUCT INTENDED SOLELY FOR THE PURPOSE OF * * DISTRESSING, HARASSING, EMBARRASSING, BURDENING, OR INCONVENIENCING * * LITIGANTS IN SEXUAL ASSAULT CASES. * * (10) AUTHORIZATION OF THE PRESENCE OF THE VICTIM IN THE COURTROOM * * AT THE TIME OF TRIAL AND PROVIDES FOR THE VICTIM'S ADDRESSING THE * * COURT CONCERNING THE SENTENCE TO BE IMPOSED. * * (11) AUTHORIZATION OF AWARDS OF RESTITUTION TO VICTIMS OF SEXUAL * * ASSAULTS AS PART OF A CRIMINAL SENTENCE. * * (C) AUTHORIZATION OF APPROPRIATIONS.-THERE ARE AUTHORIZED TO BE * *APPROPRIATED FOR EACH FISCAL YEAR SUCH SUMS AS ARE NECESSARY TO CARRY * *OUT THIS SECTION. * *TITLE XXXVIII-ENHANCED PENALTIES FOR ANTI-FRAUD ENFORCEMENT EFFORTS * *SEC. 3801. SHORT TITLE. * * (a) SHORT TITLE.-THIS TITLE MAY BE CITED AS THE "NATIONAL HEALTH CARE * *ANTI-FRAUD AND ABUSE ACT OF 1993". * *Subtitle A-Amendments to Criminal Law * *SEC. 3811. HEALTH CARE FRAUD. * * (a) IN GENERAL.- * * (1) FINES AND IMPRISONMENT FOR HEALTH CARE FRAUD * * VIOLATIONS.-Chapter 63 of title 18, United States Code, is amended * * by adding at the end the following: * *"1347. Health care fraud * * "(a) Whoever knowingly executes, or attempts to execute, a scheme or * *artifice- * * "(1) to defraud any health care plan or other person, in * * connection with the delivery of or payment for health care benefits,* * items, or services; or * * "(2) to obtain, by means of false or fraudulent pretenses, * * representations, or promises, any of the money or property owned by,* * or under the custody or control of, any health care plan, or person * * in connection with the delivery of or payment for health care * * benefits, items, or services; * *shall be fined under this title or imprisoned not more than 10 years, or* *both. If the violation results in serious bodily injury (as defined in * *section 1365(g)(3) of this title), such person shall be imprisoned for * *life or any term of years. * * "(b) For purposes of this section, the term 'health care plan' means a* *federally funded public program or private program for the delivery of * *or payment for health care items or services.". * * (2) CLERICAL AMENDMENT.-THE TABLE OF SECTIONS AT THE BEGINNING OF * * CHAPTER 63 OF TITLE 18, UNITED STATES CODE, IS AMENDED BY ADDING AT * * THE END THE FOLLOWING: * *"1347. Health care fraud.". * *SEC. 3812. FORFEITURES FOR FEDERAL HEALTH CARE OFFENSES. * * Section 982(a) of title 18, United States Code, is amended by * *inserting after paragraph (5) the following: * * "(6)(A) If the court determines that a Federal health care offense is * *of a type that poses a serious threat to the health of any person or has* *a significant detrimental impact on the health care system, the court, * *in imposing sentence on a person convicted of that offense, shall order * *that person to forfeit property, real or personal, that- * * "(i)(I) is used in the commission of the offense; or * * "(II) constitutes or is derived from proceeds traceable to the * * commission of the offense; and * * "(ii) is of a value proportionate to the seriousness of the * * offense.". * * "(B) For purposes of this paragraph, the term 'Federal health care * *offense' means a violation of, or a criminal conspiracy to violate- * * "(i) section 1347 of this title; * * "(ii) section 1128B of the Social Security Act; * * "(iii) sections 287, 371, 664, 666, 1001, 1027, 1341, 1343, or* * 1954 of this title if the violation or conspiracy relates to * * health care fraud; * * "(iv) section 501 or 511 of the Employee Retirement Income * * Security Act of 1974, if the violation or conspiracy relates to * * health care fraud; and * * "(v) section 301, 303(a)(2), or 303 (b) or (e) of the Federal * * Food, Drug and Cosmetic Act, if the violation or conspiracy * * relates to health care fraud.". * *SEC. 3813. INJUNCTIVE RELIEF RELATING TO FEDERAL HEALTH CARE OFFENSES. * * Section 1345(a)(1) of title 18, United States Code, is amended- * * (1) by striking "or" at the end of subparagraph (A); * * (2) by inserting "or" at the end of subparagraph (B); and * * (3) by adding at the end the following: * * "(C) committing or about to commit a Federal health care * * offense (as defined in section 982(a)(6)(B) of this title);". * *SEC. 3814. RACKETEERING ACTIVITY RELATING TO FEDERAL HEALTH CARE * *OFFENSES. * * Section 1961 of title 18, United States Code, is amended by inserting * *"section 982(a)(6) (relating to Federal health care offenses)," after * *"sections 891-894 (relating to extortionate credit transactions),". * *Subtitle E-Amendments to Civil False Claims Act * *SEC. 3821. AMENDMENTS TO CIVIL FALSE CLAIMS ACT. * * Section 3729 of title 31, United States Code, is amended- * * (1) in subsection (a)(7), by inserting "or to a health care plan,"* * after "property to the Government,"; * * (2) in the matter following subsection (a)(7), by inserting "or * * health care plan" before "sustains because of the act of that * * person,"; * * (3) at the end of the first sentence of subsection (a), by * * inserting "or health care plan" before "sustains because of the act * * of the person."; * * (4) in subsection (c)- * * (A) by inserting "the term" after "section,"; and * * (B) by adding at the end the following: "The term also * * includes any request or demand, whether under contract or * * otherwise, for money or property which is made or presented to a* * health care plan."; and * * (5) by adding at the end the following: * * "(f) HEALTH CARE PLAN DEFINED.-FOR PURPOSES OF THIS SECTION, THE TERM * *'HEALTH CARE PLAN' MEANS A FEDERALLY FUNDED PUBLIC PROGRAM FOR THE * *DELIVERY OF OR PAYMENT FOR HEALTH CARE ITEMS OR SERVICES.". * *TITLE XXXIX-SENIOR CITIZENS AGAINST MARKETING SCAMS * *SEC 3901. SHORT TITLE. * * This Act may be cited as the "Senior Citizens Against Marketing Scams * *Act of 1993". * *SEC. 3902. FINDINGS AND DECLARATION. * * The Congress makes the following findings and declaration: * * (1) Unprecedented Federal law enforcement investigations have * * uncovered a national network of illicit telemarketing operations. * * (2) Most of the telemarketing industry is legitimate, employing * * over 3,000,000 people through direct and indirect means. * * (3) Illicit telemarketers, however, are an increasing problem * * which victimizes our Nation's senior citizens in disproportionate * * numbers. * * (4) Interstate telemarketing fraud has become a problem of such * * magnitude that the resources of the Department of Justice are not * * sufficient to ensure that there is adequate investigation of, and * * protection from, such fraud. * * (5) Telemarketing differs from other sales activities in that it * * can be carried out by sellers across State lines without direct * * contact. Telemarketers can also be very mobile, easily moving from * * State to State. * * (6) It is estimated that victims lose billions of dollars a year * * as a result of telemarketing fraud. * * (7) Consequently, Congress should enact legislation that will- * * (A) enhance Federal law enforcement resources; * * (B) ensure adequate punishment for telemarketing fraud; and * * (C) educate the public. * *SEC. 3903. ENHANCED PENALTIES FOR TELEMARKETING FRAUD. * * (a) OFFENSE.-PART I OF TITLE 18, UNITED STATES CODE, IS AMENDED- * * (1) BY REDESIGNATING CHAPTER 113A AS CHAPTER 113B; AND * * (2) BY INSERTING AFTER CHAPTER 113 THE FOLLOWING NEW CHAPTER: * *"CHAPTER 113A-TELEMARKETING FRAUD * *"Sec. * *"2325. Definition. * *"2326. Enhanced penalties. * *"2327. Restitution. * *"2325. Definition * * "In this chapter, 'telemarketing'- * * "(1) means a plan, program, promotion, or campaign that is * * conducted to induce- * * "(A) purchases of goods or services; or * * "(B) participation in a contest or sweepstakes, * * by use of 1 or more interstate telephone calls initiated either by a* * person who is conducting the plan, program, promotion, or campaign * * or by a prospective purchaser or contest or sweepstakes participant;* * but * * "(2) does not include the solicitation of sales through the * * mailing of a catalog that- * * "(A) contains a written description or illustration of the * * goods or services offered for sale; * * "(B) includes the business address of the seller; * * "(C) includes multiple pages of written material or * * illustration; and * * "(D) has been issued not less frequently than once a year, * * if the person making the solicitation does not solicit customers by * * telephone but only receives calls initiated by customers in response* * to the catalog and during those calls take orders without further * * solicitation. * *"2326. Enhanced penalties * * "An offender that is convicted of an offense under 1028, 1029, 1341, * *1342, 1343, or 1344 in connection with the conduct of telemarketing- * * "(1) may be imprisoned for a term of 5 years in addition to any * * term of imprisonment imposed under any of those sections, * * respectively; and * * "(2) in the case of an offense under any of those sections that- * * "(A) victimized ten or more persons over the age of 55; or * * "(B) targeted persons over the age of 55, * * may be imprisoned for a term of 10 years in addition to any term of * * imprisonment imposed under any of those sections, respectively. * *"2327. Restitution * * "In sentencing an offender under section 2326, the court shall order * *the offender to pay restitution to any victims and may order the * *offender to pay restitution to others who sustained losses as a result * *of the offender's fraudulent activity.". * * (b) TECHNICAL AMENDMENTS.- * * (1) PART ANALYSIS.-THE PART ANALYSIS FOR PART I OF TITLE 18, * * UNITED STATES CODE, IS AMENDED BY STRIKING THE ITEM RELATING TO * * CHAPTER 113A AND INSERTING THE FOLLOWING: * *"113A. Telemarketing fraud2325"113B. Terrorism 2331".* * (2) CHAPTER 113B.-THE CHAPTER HEADING FOR CHAPTER 113B OF TITLE * * 18, UNITED STATES CODE, AS REDESIGNATED BY SUBSECTION (A)(1), IS * * AMENDED TO READ AS FOLLOWS: * *"CHAPTER 113B-TERRORISM". * *SEC. 3904. FORFEITURE OF FRAUD PROCEEDS. * * Section 982(a) of title 18, United States Code, is amended by adding * *at the end the following new paragraph: * * "(6) The Court, in sentencing an offender under section 2326, * * shall order that the offender forfeit to the United States any real * * or personal property constituting or derived from proceeds that the * * offender obtained directly or indirectly as a result of the * * offense.". * *SEC. 3905. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS. * * (a) REVIEW.-THE UNITED STATES SENTENCING COMMISSION SHALL REVIEW AND, * *IF NECESSARY, AMEND THE SENTENCING GUIDELINES TO ENSURE THAT VICTIM * *RELATED ADJUSTMENTS FOR FRAUD OFFENSES AGAINST OLDER VICTIMS OVER THE * *AGE OF 55 ARE ADEQUATE. * * (B) REPORT.-NOT LATER THAN 180 DAYS AFTER THE DATE OF ENACTMENT OF * *THIS ACT, THE SENTENCING COMMISSION SHALL REPORT TO CONGRESS THE RESULT * *OF ITS REVIEW UNDER SUBSECTION (A). * *SEC. 3906. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND * *CONVICTION. * * Section 3059 of title 18, United States Code, is amended by adding at * *the end the following new subsection: * * "(c)(1) In special circumstances and in the Attorney General's sole * *discretion, the Attorney General may make a payment of up to $10,000 to * *a person who furnishes information unknown to the Government relating to* *a possible prosecution under section 2325 which results in a conviction.* * "(2) A person is not eligible for a payment under paragraph (1) if- * * "(A) the person is a current or former officer or employee of a * * Federal, State, or local government agency or instrumentality who * * furnishes information discovered or gathered in the course of * * government employment; * * "(B) the person knowingly participated in the offense; * * "(C) the information furnished by the person consists of an * * allegation or transaction that has been disclosed to the public- * * "(i) in a criminal, civil, or administrative proceeding; * * "(ii) in a congressional, administrative, or General * * Accounting Office report, hearing, audit, or investigation; or * * "(iii) by the news media, unless the person is the original * * source of the information; or * * "(D) when, in the judgment of the Attorney General, it appears * * that a person whose illegal activities are being prosecuted or * * investigated could benefit from the award. * * "(3) For the purposes of paragraph (2)(C)(iii), the term 'original * *source' means a person who has direct and independent knowledge of the * *information that is furnished and has voluntarily provided the * *information to the Government prior to disclosure by the news media. * * "(4) Neither the failure of the Attorney General to authorize a * *payment under paragraph (1) nor the amount authorized shall be subject * *to judicial review.". * *SEC. 3907. AUTHORIZATION OF APPROPRIATIONS. * * There are authorized to be appropriated for fiscal year 1994 for the * *purposes of carrying out this Act and the amendments made by this Act- * * (1) $10,000,000 for the Federal Bureau of Investigation to hire, * * equip, and train no fewer than 100 special agents and support staff * * to investigate telemarketing fraud cases; * * (2) $3,500,000 to hire, equip, and train no fewer than 30 * * Department of Justice attorneys, assistant United States Attorneys, * * and support staff to prosecute telemarketing fraud cases; and * * (3) $10,000,000 for the Department of Justice to conduct, in * * cooperation with State and local law enforcement agencies and senior* * citizen advocacy organizations, public awareness and prevention * * initiatives for senior citizens, such as seminars and training. * *SEC. 3908. BROADENING APPLICATION OF MAIL FRAUD STATUTE. * * Section 1341 of title 18, United States Code, is amended- * * (1) by inserting "or deposits or causes to be deposited any matter* * or thing whatever to be sent or delivered by any private or * * commercial interstate carrier," after "Postal Service,"; and * * (2) by inserting "or such carrier" after "causes to be delivered * * by mail". * *SEC. 3909. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES.* * Section 1029 of title 18, United States Code, is amended- * * (1) in subsection (a)- * * (A) by striking "or" at the end of paragraph (3); and * * (B) by inserting after paragraph (4) the following new * * paragraphs: * * "(5) knowingly and with intent to defraud effects transactions, * * with 1 or more access devices issued to another person or persons, * * to receive payment or any other thing of value during any 1-year * * period the aggregate value of which is equal to or greater than * * $1,000; * * "(6) without the authorization of the issuer of the access device,* * knowingly and with intent to defraud solicits a person for the * * purpose of- * * "(A) offering an access device; or * * "(B) selling information regarding or an application to obtain* * an access device; or * * "(7) without the authorization of the credit card system member or* * its agent, knowingly and with intent to defraud causes or arranges * * for another person to present to the member or its agent, for * * payment, 1 or more evidences or records of transactions made by an * * access device;"; * * (2) in subsection (c)(1) by striking "(a)(2) or (a)(3)" and * * inserting "(a) (2), (3), (5), (6), or (7)"; and * * (3) in subsection (e)- * * (A) by striking "and" at the end of paragraph (5); * * (B) by striking the period at the end of paragraph (6) and * * inserting "; and"; and * * (C) by adding at the end the following new paragraph: * * "(7) the term 'credit card system member' means a financial * * institution or other entity that is a member of a credit card * * system, including an entity, whether affiliated with or identical to* * the credit card issuer, that is the sole member of a credit card * * system.". * *SEC. 3910. INFORMATION NETWORK. * * (a) HOTLINE.-THE ATTORNEY GENERAL SHALL ESTABLISH A NATIONAL TOLL-FREE* *HOTLINE FOR THE PURPOSE OF- * * (1) PROVIDING GENERAL INFORMATION ON TELEMARKETING FRAUD TO * * INTERESTED PERSONS; AND * * (2) GATHERING INFORMATION RELATED TO POSSIBLE VIOLATIONS OF THIS * * ACT. * * (B) ACTION ON INFORMATION GATHERED.-THE ATTORNEY GENERAL SHALL WORK IN* *COOPERATION WITH THE FEDERAL TRADE COMMISSION TO ENSURE THAT INFORMATION* *GATHERED THROUGH THE HOTLINE SHALL BE ACTED ON IN AN APPROPRIATE MANNER.* *TITLE XL-CHILD SAFETY * *SEC. 4001. SHORT TITLE. * * This title may be cited as the "Child Safety Act". * *SEC. 4002. FINDINGS. * * Congress finds the following: * * (1) The problem of family violence does not necessarily cease when* * the victimized family is legally separated, divorced, or otherwise * * not sharing a household. During separation and divorce, family * * violence often escalates, and child custody and visitation become * * the new forum for the continuation of abuse. * * (2) Some perpetrators use the children as pawns to control the * * abused party after the couple is separated. * * (3) Every year an estimated 1,000 to 5,000 children are killed by * * their parents in the United States. * * (4) In 1988, the Department of Justice reported that 354,100 * * children were abducted by family members who violated custody * * agreements or decrees. Most victims were children from ages 2 to 11 * * years. * * (5) Approximately 160,000 children are seriously injured or * * impaired by abuse or neglect each year. * * (6) Studies by the American Humane Association indicate that * * reports of child abuse and neglect have increased by over 200 * * percent from 1976 to 1986. * * (7) Approximately 90 percent of children in homes in which their * * mothers are abused witness the abuse. * * (8) Data indicates that women and children are at elevated risk * * for violence during the process of and after separation. * * (9) Fifty to 70 percent of men who abuse their spouses or partners* * also abuse their children. * * (10) Up to 75 percent of all domestic assaults reported to law * * enforcement agencies were inflicted after the separation of the * * couples. * * (11) In one study of spousal homicide, over half of the male * * defendants were separated from their victims. * * (12) Seventy-three percent of battered women seeking emergency * * medical services do so after separation. * *SEC. 4003. PURPOSE. * * The purpose of this Act is to authorize funding to enable supervised * *visitation centers to provide the following: * * (1) Supervised visitation in cases where there is documented * * sexual, physical or emotional abuse as determined by the appropriate* * court. * * (2) Supervised visitation in cases where there is suspected or * * elevated risk of sexual, physical or emotional abuse, or where there* * have been threats of parental abduction of the child. * * (3) Supervised visitation for children who have been placed in * * foster homes as a result of abuse. * * (4) An evaluation of visitation between parents and children for * * child protection social services to assist such service providers in* * making determinations of whether the children should be returned to * * a previously abusive home. * * (5) A safe location for custodial parents to temporarily transfer * * custody of their children with non-custodial parents, or to provide * * a protected visitation environment, where there has been a history * * of domestic violence or an order for protection is involved. * * (6) An additional safeguard against the child witnessing abuse or * * a safeguard against the injury or death of a child or parent. * * (7) An environment for families to have healthy interaction * * activities, quality time, non-violent memory building experiences * * during visitation to help build the parent/child relationship. * * (8) Parent and child education and support groups to help parents * * heal and learn new skills, and to help children heal from past * * abuse. * *SEC. 4004. DEMONSTRATION GRANTS FOR SUPERVISED VISITATION CENTERS. * * (a) IN GENERAL.-The Secretary of Health and Human Services (hereafter * *referred to in this Act as the "Secretary") is authorized to award * *grants to and enter into contracts and cooperative agreements with * *public or nonprofit private entities to assist such entities in the * *establishment and operation of supervised visitation centers. * * (b) CONSIDERATIONS.-IN AWARDING GRANTS, CONTRACTS AND AGREEMENTS UNDER* *SUBSECTION (A), THE SECRETARY SHALL TAKE INTO ACCOUNT- * * (1) THE NUMBER OF FAMILIES TO BE SERVED BY THE PROPOSED VISITATION* * CENTER TO BE ESTABLISHED UNDER THE GRANT, CONTRACT OR AGREEMENT; * * (2) THE EXTENT TO WHICH SUPERVISED VISITATION CENTERS ARE NEEDED * * LOCALLY; * * (3) THE RELATIVE NEED OF THE APPLICANT; AND * * (4) THE CAPACITY OF THE APPLICANT TO MAKE RAPID AND EFFECTIVE USE * * OF ASSISTANCE PROVIDED UNDER THE GRANT, CONTRACT OR AGREEMENT. * * (C) USE OF FUNDS.- * * (1) IN GENERAL.-AMOUNTS PROVIDED UNDER A GRANT, CONTRACT OR * * COOPERATIVE AGREEMENT AWARDED UNDER THIS SECTION SHALL BE USED TO * * ESTABLISH SUPERVISED VISITATION CENTERS AND FOR THE PURPOSES * * DESCRIBED IN SECTION 4003. IN USING SUCH AMOUNTS, GRANTEES SHALL * * TARGET THE ECONOMICALLY DISADVANTAGED AND THOSE INDIVIDUALS WHO * * COULD NOT OTHERWISE AFFORD SUCH VISITATION SERVICES. OTHER * * INDIVIDUALS MAY BE PERMITTED TO UTILIZE THE SERVICES PROVIDED BY THE* * CENTER ON A FEE BASIS. * * (2) COSTS.-TO THE EXTENT PRACTICABLE, THE SECRETARY SHALL ENSURE * * THAT, WITH RESPECT TO RECIPIENTS OF GRANTS, CONTRACTS OR AGREEMENTS * * UNDER THIS SECTION, THE PERPETRATORS OF THE FAMILY VIOLENCE, ABUSE * * OR NEGLECT WILL BE RESPONSIBLE FOR ANY AND ALL COSTS ASSOCIATED WITH* * THE SUPERVISED VISITATION UNDERTAKEN AT THE CENTER. * *SEC. 4005. DEMONSTRATION GRANT APPLICATION. * * (a) IN GENERAL.-A GRANT, CONTRACT OR COOPERATIVE AGREEMENT MAY NOT BE * *MADE OR ENTERED INTO UNDER THIS ACT UNLESS AN APPLICATION FOR SUCH * *GRANT, CONTRACT OR COOPERATIVE AGREEMENT HAS BEEN SUBMITTED TO AND * *APPROVED BY THE SECRETARY. * * (B) APPROVAL.-GRANTS, CONTRACTS AND COOPERATIVE AGREEMENTS UNDER THIS * *ACT SHALL BE AWARDED IN ACCORDANCE WITH SUCH REGULATIONS AS THE * *SECRETARY MAY PROMULGATE. AT A MINIMUM, TO BE APPROVED BY THE SECRETARY * *UNDER THIS SECTION AN APPLICATION SHALL- * * (1) DEMONSTRATE THAT THE APPLICANT HAS RECOGNIZED EXPERTISE IN THE* * AREA OF FAMILY VIOLENCE AND A RECORD OF HIGH QUALITY SERVICE TO * * VICTIMS OF FAMILY VIOLENCE; AND * * (2) BE SUBMITTED FROM AN ENTITY LOCATED IN A STATE WHERE STATE LAW* * REQUIRES THE COURTS TO CONSIDER EVIDENCE OF VIOLENCE IN CUSTODY * * DECISIONS. * *SEC. 4006. EVALUATION OF DEMONSTRATION PROJECTS. * * (a) IN GENERAL.-NOT LATER THAN 30 DAYS AFTER THE END OF EACH FISCAL * *YEAR, A RECIPIENT OF A GRANT, CONTRACT OR COOPERATIVE AGREEMENT UNDER * *THIS ACT SHALL PREPARE AND SUBMIT TO THE SECRETARY A REPORT THAT * *CONTAINS INFORMATION CONCERNING- * * (1) THE NUMBER OF FAMILIES SERVED PER YEAR; * * (2) THE NUMBER OF FAMILIES SERVED PER YEAR CATEGORIZED BY- * * (A) FAMILIES WHO REQUIRE THAT SUPERVISED VISITATION BECAUSE OF* * CHILD ABUSE ONLY; * * (B) FAMILIES WHO REQUIRE SUPERVISED VISITATION BECAUSE OF A * * COMBINATION OF CHILD ABUSE AND DOMESTIC VIOLENCE; AND * * (C) FAMILIES WHO REQUIRE SUPERVISED VISITATION BECAUSE OF * * DOMESTIC VIOLENCE ONLY; * * (3) THE NUMBER OF VISITS PER FAMILY IN THE REPORT YEAR CATEGORIZED* * BY- * * (A) SUPERVISED VISITATION REQUIRED BY THE COURTS; * * (B) SUPERVISED VISITATION BASED ON SUSPECTED OR ELEVATED RISK * * OF SEXUAL, PHYSICAL, OR EMOTIONAL ABUSE, OR THREATS OF PARENTAL * * ABDUCTION OF THE CHILD THAT IS NOT COURT MANDATED; * * (C) SUPERVISED VISITATION THAT IS PART OF A FOSTER CARE * * ARRANGEMENT; AND * * (D) SUPERVISED VISITATION BECAUSE OF AN ORDER OF PROTECTION; * * (4) THE NUMBER OF SUPERVISED VISITATION ARRANGEMENTS TERMINATED * * BECAUSE OF VIOLATIONS OF VISITATION TERMS, INCLUDING VIOLENCE; * * (5) THE NUMBER OF PROTECTIVE TEMPORARY TRANSFERS OF CUSTODY DURING* * THE REPORT YEAR; * * (6) THE NUMBER OF PARENTAL ABDUCTION CASES IN A JUDICIAL DISTRICT * * USING SUPERVISED VISITATION SERVICES, BOTH AS IDENTIFIED IN CRIMINAL* * PROSECUTION AND CUSTODY VIOLATIONS; * * (7) THE NUMBER OF SAFETY AND SECURITY PROBLEMS THAT OCCUR DURING * * THE REPORT YEAR; * * (8) THE NUMBER OF FAMILIES WHO ARE TURNED AWAY BECAUSE THE CENTER * * CANNOT ACCOMMODATE THE DEMAND FOR SERVICES; * * (9) THE PROCESS BY WHICH CHILDREN OR ABUSED PARTNERS WILL BE * * PROTECTED DURING VISITATIONS, TEMPORARY CUSTODY TRANSFERS AND OTHER * * ACTIVITIES FOR WHICH THE SUPERVISED VISITATION CENTERS ARE CREATED; * * AND * * (10) ANY OTHER INFORMATION DETERMINED APPROPRIATE IN REGULATIONS * * PROMULGATED BY THE SECRETARY. * * (B) EVALUATION.-IN ADDITION TO SUBMITTING THE REPORTS REQUIRED UNDER * *SUBSECTION (A), AN ENTITY RECEIVING A GRANT, CONTRACT OR COOPERATIVE * *AGREEMENT UNDER THIS ACT SHALL HAVE A COLLATERAL AGREEMENT WITH THE * *COURT, THE CHILD PROTECTION SOCIAL SERVICES DIVISION OF THE STATE, AND * *LOCAL DOMESTIC VIOLENCE AGENCIES OR STATE AND LOCAL DOMESTIC VIOLENCE * *COALITIONS TO EVALUATE THE SUPERVISED VISITATION CENTER OPERATED UNDER * *THE GRANT, CONTRACT OR AGREEMENT. THE ENTITIES CONDUCTING SUCH * *EVALUATIONS SHALL SUBMIT A NARRATIVE EVALUATION OF THE CENTER TO BOTH * *THE CENTER AND THE GRANTEE. * * (C) DEMONSTRATION OF NEED.-THE RECIPIENT OF A GRANT, CONTRACT OR * *COOPERATIVE AGREEMENT UNDER THIS ACT SHALL DEMONSTRATE, DURING THE FIRST* *3 YEARS OF THE PROJECT OPERATED UNDER THE GRANT, CONTRACT OR AGREEMENT, * *THE NEED FOR CONTINUED FUNDING. * *SEC. 4007. SPECIAL GRANTS TO STUDY THE EFFECT OF SUPERVISED VISITATION * *ON SEXUALLY ABUSED OR SEVERELY PHYSICALLY ABUSED CHILDREN. * * (a) AUTHORIZATION.-THE SECRETARY IS AUTHORIZED TO AWARD SPECIAL GRANTS* *TO PUBLIC OR NONPROFIT PRIVATE ENTITIES TO ASSIST SUCH ENTITIES IN * *COLLECTING CLINICAL DATA FOR SUPERVISED VISITATION CENTERS ESTABLISHED * *UNDER THIS ACT TO DETERMINE- * * (1) THE EXTENT TO WHICH SUPERVISED VISITATION SHOULD BE ALLOWED * * BETWEEN CHILDREN WHO ARE SEXUALLY ABUSED OR SEVERELY PHYSICALLY * * ABUSED BY A PARENT, WHERE THE VISITATION IS NOT PREDICATED ON THE * * ABUSIVE PARENT HAVING SUCCESSIVELY COMPLETED A SPECIALIZED COURSE OF* * THERAPY FOR SUCH ABUSERS; * * (2) THE EFFECT OF SUPERVISED VISITATION ON CHILD VICTIMS OF SEXUAL* * ABUSE OR SEVERE PHYSICAL ABUSE WHEN THE ABUSIVE PARENT EXERCISING * * VISITATION HAS NOT COMPLETED SPECIALIZED THERAPY AND DOES NOT USE * * THE VISITATION TO ALLEVIATE THE CHILD VICTIM'S GUILT, FEAR, OR * * CONFUSION; * * (3) THE RELATIONSHIP BETWEEN THE TYPE OF ABUSE OR NEGLECT * * EXPERIENCED BY THE CHILD AND THE USE OF SUPERVISED VISITATION * * CENTERS BY THE MALTREATING PARENT; AND * * (4) IN CASES OF SPOUSE OR PARTNER ABUSE ONLY, THE EXTENT TO WHICH * * SUPERVISED VISITATION SHOULD BE PREDICATED ON PARTICIPATION BY THE * * ABUSIVE SPOUSE IN A SPECIALIZED TREATMENT PROGRAM. * * (B) APPLICATION.-TO BE ELIGIBLE TO RECEIVE A GRANT UNDER THIS SECTION * *AN ENTITY SHALL PREPARE AND SUBMIT TO THE SECRETARY AN APPLICATION AT * *SUCH TIME, IN SUCH MANNER AND CONTAINING SUCH INFORMATION AS THE * *SECRETARY MAY REQUIRE, INCLUDING DOCUMENTARY EVIDENCE TO DEMONSTRATE * *THAT THE ENTITY POSSESSES A HIGH LEVEL OF CLINICAL EXPERTISE AND * *EXPERIENCE IN CHILD ABUSE TREATMENT AND PREVENTION AS THEY RELATE TO * *VISITATION. THE LEVEL OF CLINICAL EXPERTISE AND EXPERIENCE REQUIRED WILL* *BE DETERMINED BY THE SECRETARY. * * (C) REPORT.-NOT LATER THAN 1 YEAR AFTER THE DATE ON WHICH A GRANT IS * *RECEIVED UNDER THIS SECTION, AND EACH YEAR THEREAFTER FOR THE DURATION * *OF THE GRANT, THE GRANTEE SHALL PREPARE AND SUBMIT TO THE SECRETARY A * *REPORT CONTAINING THE CLINICAL DATA COLLECTED UNDER SUCH GRANT. * *SEC. 4008. REPORTING. * * Not later than 18 months after the date of enactment of this Act, and * *annually thereafter, the Secretary shall prepare and submit to the * *appropriate committees of Congress a report containing the information * *collected under the reports received under sections 4006 and 4007, * *including recommendations made by the Secretary concerning whether or * *not the supervised visitation center demonstration and clinical data * *programs should be reauthorized. * *SEC. 4009. AUTHORIZATION OF APPROPRIATIONS. * * (a) IN GENERAL.-FOR THE PURPOSE OF AWARDING GRANTS, CONTRACTS AND * *COOPERATIVE AGREEMENTS UNDER THIS ACT, THERE ARE AUTHORIZED TO BE * *APPROPRIATED $15,000,000 FOR FISCAL YEAR 1994, $20,000,000 FOR FISCAL * *YEAR 1995, AND $25,000,000 FOR FISCAL YEAR 1996. * * (B) DISTRIBUTION.-OF THE AMOUNTS APPROPRIATED UNDER SUBSECTION (A) FOR* *EACH FISCAL YEAR- * * (1) NOT LESS THAN 80 PERCENT SHALL BE USED TO AWARD GRANTS, * * CONTRACTS, OR COOPERATIVE AGREEMENTS UNDER SECTION 4005; AND * * (2) NOT MORE THAN 20 PERCENT SHALL BE USED TO AWARD GRANTS UNDER * * SECTION 4007. * * (C) DISBURSEMENT.-AMOUNTS APPROPRIATED UNDER THIS SECTION SHALL BE * *DISBURSED AS CATEGORICAL GRANTS THROUGH THE 10 REGIONAL OFFICES OF THE * *DEPARTMENT OF HEALTH AND HUMAN SERVICES. * *TITLE XLI-FAMILY UNITY DEMONSTRATION PROJECT * *Subtitle A-Family Unity Demonstration Project * *SEC. 4101. SHORT TITLE. * * This title may be cited as the "Family Unity Demonstration Project * *Act". * *SEC. 4102. FINDINGS AND PURPOSES. * * (a) FINDINGS.-The Congress finds that- * * (1) an increasing number of children are becoming separated from * * their primary caretaker parents due to the incarceration of the * * parents in prisons and jails; * * (2) such separation of children from their primary caretaker * * parents can cause harm to children's psychological well-being and * * hinder their growth and development; * * (3) a significant number of children are born shortly before or * * during the incarceration of their mothers and are then quickly * * separated from their mothers, preventing the parent-child bonding * * that is crucial to developing in children a sense of security and * * trust; * * (4) maintaining close relationships with their children provides a* * powerful incentive for prisoners to participate in and successfully * * benefit from rehabilitative programs; and * * (5) maintaining strong family ties during imprisonment has been * * shown to decrease recidivism, thereby reducing prison costs. * * (b) PURPOSE.-The purpose of this title is to evaluate the * *effectiveness of certain demonstration projects in helping to- * * (1) alleviate the harm to children and primary caretaker parents * * caused by separation due to the incarceration of the parents; * * (2) reduce recidivism rates of prisoners by encouraging strong and* * supportive family relationships; and * * (3) explore the cost effectiveness of community correctional * * facilities. * *SEC. 4103. DEFINITIONS. * * In this title- * * "child" means a person who is less than 6 years of age. * * "community correctional facility" means a residential facility * * that- * * (A) is used only for eligible offenders and their children * * under 6 years of age; * * (B) is not within the confines of a jail or prison; * * (C) has a maximum capacity of 50 prisoners in addition to * * their children; and * * (D) provides to inmates and their children- * * (i) a safe, stable, environment for children; * * (ii) pediatric and adult medical care consistent with * * medical standards for correctional facilities; * * (iii) programs to improve the stability of the * * parent-child relationship, including educating parents * * regarding- * * (I) child development; and * * (II) household management; * * (iv) alcoholism and drug addiction treatment for * * prisoners; and * * (v) programs and support services to help inmates- * * (I) to improve and maintain mental and physical * * health, including access to counseling; * * (II) to obtain adequate housing upon release from * * State incarceration; * * (III) to obtain suitable education, employment, or * * training for employment; and * * (IV) to obtain suitable child care. * * "Director" means the Director of the Federal Bureau of Prisons. * * "eligible offender" means a primary caretaker parent who- * * (A) is sentenced to a term of imprisonment of not more than 7 * * years or is awaiting sentencing for a conviction punishable by * * such a term of imprisonment; * * (B) except in the case of an offender awaiting sentencing, is * * incarcerated currently to serve that sentence; * * (C) is not eligible currently for probation or parole until * * the expiration of a period exceeding 180 days; and * * (D) has not engaged in conduct which- * * (i) knowingly resulted in death or serious bodily injury; * * (ii) is a felony for a crime of violence against the * * person; or * * (iii) constitutes child neglect or mental, physical, or * * sexual abuse of a child. * * "primary caretaker parent" means- * * (A) a parent who has consistently assumed responsibility for * * the housing, health, and safety of a child prior to * * incarceration; or * * (B) a woman who has given birth to a child after or while * * awaiting her sentencing hearing and who expresses a willingness * * to assume responsibility for the housing, health, and safety of * * that child, * * a parent who, in the best interest of a child, has arranged for the * * temporary care of the child in the home of a relative or other * * responsible adult shall not for that reason be excluded from the * * category "primary caretaker". * * "State" means 1 of the States or the District of Columbia. *