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      TITLE IV-VIOLENCE AGAINST WOMEN - Sections 4001-40121





   SEC. 40001. SHORT TITLE.



   This title may be cited as the "Violence Against Women Act of



   Subtitle A-Safe Streets for Women



   SEC. 40101. SHORT TITLE.



   This subtitle may be cited as the "Safe Streets for Women Act of
   1994".



   CHAPTER 1-FEDERAL PENALTIES FOR SEX CRIMES



   SEC. 40111. REPEAT OFFENDERS.



   (a) In General .-Chapter 109A of title 18, United States Code, is
   amended by adding at the end the following new section:



   " 2247. Repeat offenders



   "Any person who violates a provision of this chapter, after one or
   more prior convictions for an offense punishable under this chapter,
   or after one or more prior convictions under the laws of any State
   relating to aggravated sexual abuse, sexual abuse, or abusive sexual
   contact have become final, is punishable by a term of imprisonment up
   to twice that otherwise authorized.".



   (b) Amendment of Sentencing Guidelines .-The Sentencing Commission
   shall implement the amendment made by subsection (a) by promulgating
   amendments, if appropriate, in the sentencing guidelines applicable to
   chapter 109A offenses.



   (c) Chapter Analysis .-The chapter analysis for chapter 109A of title
   18, United States Code, is amended by adding at the end the following
   new item:



   "2247. Repeat offenders.".



   SEC. 40112. FEDERAL PENALTIES.



   (a) Amendment of Sentencing Guidelines .-Pursuant to its authority
   under section 994(p) of title 28, United States Code, the United
   States Sentencing Commission shall review and amend, where necessary,
   its sentencing guidelines on aggravated sexual abuse under section
   2241 of title 18, United States Code, or sexual abuse under section
   2242 of title 18, United States Code, as follows:



   (1) The Commission shall review and promulgate amendments to the
   guidelines, if appropriate, to enhance penalties if more than 1
   offender is involved in the offense.



   (2) The Commission shall review and promulgate amendments to the
   guidelines, if appropriate, to reduce unwarranted disparities between
   the sentences for sex offenders who are known to the victim and
   sentences for sex offenders who are not known to the victim.



   (3) The Commission shall review and promulgate amendments to the
   guidelines to enhance penalties, if appropriate, to render Federal
   penalties on Federal territory commensurate with penalties for similar
   offenses in the States.



   (4) The Commission shall review and promulgate amendments to the
   guidelines, if appropriate, to account for the general problem of
   recidivism in cases of sex offenses, the severity of the offense, and
   its devastating effects on survivors.



   (b) Report .-Not later than 180 days after the date of enactment of
   this Act, the United States Sentencing Commission shall review and
   submit to Congress a report containing an analysis of Federal rape
   sentencing, accompanied by comment from independent experts in the
   field, describing-



   (1) comparative Federal sentences for cases in which the rape victim
   is known to the defendant and cases in which the rape victim is not
   known to the defendant;



   (2) comparative Federal sentences for cases on Federal territory and
   sentences in surrounding States; and



   (3) an analysis of the effect of rape sentences on populations
   residing primarily on Federal territory relative to the impact of
   other Federal offenses in which the existence of Federal jurisdiction
   [*H8802] depends upon the offense's being committed on Federal
   territory.



   SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.



   (a) Sexual Abuse .-



   (1) In general .-Chapter 109A of title 18, United States Code, is
   amended by adding at the end the following new section:



   " 2248. Mandatory restitution



   "(a) In General .-Notwithstanding section 3663, and in addition to any
   other civil or criminal penalty authorized by law, the court shall
   order restitution for any offense under this chapter.



   "(b) Scope and Nature of Order .-



   "(1) Directions .-The order of restitution under this section shall
   direct that-



   "(A) the defendant pay to the victim (through the appropriate court
   mechanism) the full amount of the victim's losses as determined by the
   court, pursuant to paragraph (3); and



   "(B) the United States Attorney enforce the restitution order by all
   available and reasonable means.



   "(2) Enforcement by victim .-An order of restitution also may be
   enforced by a victim named in the order to receive the restitution in
   the same manner as a judgment in a civil action.



   "(3) Definition .-For purposes of this subsection, the term 'full
   amount of the victim's losses' includes any costs incurred by the
   victim for-



   "(A) medical services relating to physical, psychiatric, or
   psychological care;



   "(B) physical and occupational therapy or rehabilitation;



   "(C) necessary transportation, temporary housing, and child care
   expenses;



   "(D) lost income;



   "(E) attorneys' fees, plus any costs incurred in obtaining a civil
   protection order; and



   "(F) any other losses suffered by the victim as a proximate result of
   the offense.



   "(4) Order mandatory .-(A) The issuance of a restitution order under
   this section is mandatory.



   "(B) A court may not decline to issue an order under this section
   because of-



   "(i) the economic circumstances of the defendant; or



   "(ii) the fact that a victim has, or is entitled to, receive
   compensation for his or her injuries [*H8803] from the proceeds of
   insurance or any other source.



   "(C)(i) Notwithstanding subparagraph (A), 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.



   "(ii) For purposes of this subparagraph, the term 'economic
   circumstances' includes-



   "(I) the financial resources and other assets of the defendant; "(II)
   projected earnings, earning capacity, and other income of the
   defendant; and



   "(III) any financial obligations of the defendant, including
   obligations to dependents.



   "(D) Subparagraph (A) does not apply if-



   "(i) the court finds on the record that the economic circumstances of
   the defendant do not allow for the payment of any amount of a
   restitution order, and



   do not allow for the payment of any or some portion of the amount of a
   restitution order in the foreseeable future (under any reasonable
   schedule of payments); and



   "(ii) the court enters in its order the amount of the victim's losses,
   and provides a nominal restitution award.



   "(5) More than 1 offender .-When the court finds that more than 1
   offender has contributed to the loss of a victim, the court may make
   each offender liable for payment of the full amount of restitution or
   may apportion liability among the offenders to reflect the level of
   contribution and economic circumstances of each offender.



   "(6) More than 1 victim .-When the court finds that more than 1 victim
   has sustained a loss requiring restitution by an offender, the court
   shall order full restitution of each victim but may provide for
   different payment schedules to reflect the economic circumstances of
   each victim.



   "(7) Payment schedule .-An order under this section may direct the
   defendant to make a single lump- sum payment or partial payments at
   specified intervals.



   "(8) Setoff .-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.



   "(9) Effect on other sources of compensation .-The issuance of a
   restitution order shall not affect the entitlement of a victim to
   receive compensation with respect to a loss from insurance or any
   other source until the payments actually received by the victim under
   the restitution order fully compensate the victim for the loss.



   "(10) Condition of probation or supervised release .-Compliance with a
   restitution order issued under this section shall be a condition of
   any probation or supervised release of a defendant. If an offender
   fails to comply with a restitution order, the court may, after a
   hearing, revoke probation or a term of supervised release, modify the
   terms or conditions of probation or a term of supervised release, or
   hold the defendant in contempt pursuant to section 3583(e). In
   determining whether to revoke probation or a term of supervised
   release, modify the terms or conditions of probation or supervised
   release or hold a defendant serving a term of supervised release in
   contempt, the court shall consider the defendant's employment status,
   earning ability and financial resources, the willfulness of the
   defendant's failure to comply, and any other circumstances that may
   have a bearing on the defendant's ability to comply.



   "(c) Proof of Claim .-



   "(1) Affidavit .-Within 60 days after conviction and, in any event,
   not 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) Objection .-If, after the defendant has been notified of the
   affidavit, 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) Additional documentation and testimony .-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. The privacy of any records filed, or testimony heard,
   pursuant to this section shall be maintained to the greatest extent
   possible, and such records may be filed or testimony heard in camera.



   "(4) Final determination of losses .-If the victim's losses are not
   ascertainable by the date that is 10 days prior to sentencing as
   provided in paragraph (1), the United States Attorney (or the United
   States Attorney's delegee) shall so inform the court, and the court
   shall set a date for the final determination of the victim's losses,
   not to exceed 90 days after sentencing. If the victim subsequently
   discovers further losses, the victim shall have 60 days after
   discovery of those losses in which to petition the court for an
   amended restitution order. Such order may be granted only upon a
   showing of good cause for the failure to include such losses in the
   initial claim for restitutionary relief.



   "(d) Modification of Order .-A victim or the offender may petition the
   court at any time to modify a restitution order as appropriate in view
   of a change in the economic circumstances of the offender.



   "(e) Reference to Magistrate or Special Master .-The court may refer
   any issue arising in connection with a proposed order of restitution
   to a magistrate or special master for proposed findings of fact and
   recommendations as to disposition, subject to a de novo determination
   of the issue by the court.



   "(f) Definition .-For purposes of this section, the term 'victim'
   means the individual harmed as a result of a commission of a crime
   under this chapter, including, in the case of a victim who is under 18
   years of age, incompetent, incapacitated, or deceased, the legal
   guardian of the victim or representative of the victim's estate,
   another family member, or any other person appointed as suitable by
   the court, but in no event shall the defendant be named as such
   representative or guardian.".



   (2) Technical amendment .-The chapter analysis for chapter 109A of
   title 18, United States Code, is amended by adding at the end the
   following new item:



   "2248. Mandatory restitution.".



   (b) Sexual Exploitation and Other Abuse of Children .-



   (1) In general .-Chapter 110 of title 18, United States Code, is
   amended by adding at the end the following new section:



   " 2259. Mandatory restitution



   "(a) In General .-Notwithstanding section 3663, and in addition to any
   other civil or criminal penalty authorized by law, the court shall
   order restitution for any offense under this chapter.



   "(b) Scope and Nature of Order .-



   "(1) Directions .-The order of restitution under this section shall
   direct that-



   "(A) the defendant pay to the victim (through the appropriate court
   mechanism) the full amount of the victim's losses as determined by the
   court, pursuant to paragraph (3); and



   "(B) the United States Attorney enforce the restitution order by all
   available and reasonable means.



   "(2) Enforcement by victim .-An order of restitution may also be
   enforced by a victim named in the order to receive the restitution in
   the same manner as a judgment in a civil action.



   "(3) Definition .-For purposes of this subsection, the term 'full
   amount of the victim's losses' includes any costs incurred by the
   victim for-



   "(A) medical services relating to physical, psychiatric, or
   psychological care;



   "(B) physical and occupational therapy or rehabilitation;



   "(C) necessary transportation, temporary housing, and child care
   expenses;



   "(D) lost income;



   "(E) attorneys' fees, as well as other costs incurred; and



   "(F) any other losses suffered by the victim as a proximate result of
   the offense.



   "(4) Order mandatory .-(A) The issuance of a restitution order under
   this section is mandatory.



   "(B) A court may not decline to issue an order under this section
   because of-



   "(i) the economic circumstances of the defendant; or



   "(ii) the fact that a victim has, or is entitled to, receive
   compensation for his or her injuries from the proceeds of insurance or
   any other source.



   "(C)(i) Notwithstanding subparagraph (A), 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.



   "(ii) For purposes of this subparagraph, the term 'economic
   circumstances' includes-



   "(I) the financial resources and other assets of the defendant;



   "(II) projected earnings, earning capacity, and other income of the
   defendant; and



   "(III) any financial obligations of the defendant, including
   obligations to dependents.



   "(D) Subparagraph (A) does not apply if-



   "(i) the court finds on the record that the economic circumstances of
   the defendant do not allow for the payment of any amount of a
   restitution order, and do not allow for the payment of any or some
   portion of the amount of a restitution order in the foreseeable future
   (under any reasonable schedule of payments); and



   "(ii) the court enters in its order the amount of the victim's losses,
   and provides a nominal restitution award.



   "(5) More than 1 offender .-When the court finds that more than 1
   offender has contributed to the loss of a victim, the court may make
   each offender liable for payment of the full amount of restitution or
   may apportion liability among the offenders to reflect the level of
   contribution and economic circumstances of each offender.



   "(6) More than 1 victim .-When the court finds that more than 1 victim
   has sustained a loss requiring restitution by an offender, the court
   shall order full restitution of each victim but may provide for
   different payment schedules to reflect the economic circumstances of
   each victim.



   "(7) Payment schedule .-An order under this section may direct the
   defendant to make a single lump- sum payment or partial payments at
   specified intervals.



   "(8) Setoff .-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.



   "(9) Effect on other sources of compensation .-The issuance of a
   restitution order shall not affect the entitlement of a victim to
   receive compensation with respect to a loss from insurance or any
   other source until the payments actually received by the victim under
   the restitution order fully compensate the victim for the loss.



   "(10) Condition of probation or supervised release .-Compliance with a
   restitution order issued under this section shall be a condition of
   any probation or supervised release of a defendant. If an offender
   fails to comply with a restitution order, the court may, after a
   hearing, revoke probation or a term of supervised release, modify the
   terms or conditions of probation or a term of supervised release, or
   hold the defendant in contempt pursuant to section 3583(e). In
   determining whether to revoke probation or a term of supervised
   release, modify the terms or conditions of probation or supervised
   release or hold a defendant serving a term of supervised release in
   contempt, the court shall consider the defendant's employment status,
   earning ability and financial resources, the willfulness of the
   defendant's failure to comply, and any other circumstances that may
   have a bearing on the defendant's ability to comply.



   "(c) Proof of Claim .-



   "(1) Affidavit .-Within 60 days after conviction and, in any event,
   not 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) Objection .-If, after the defendant has been notified of the
   affidavit, 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) Additional documentation and testimony .-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. The privacy of any records filed, or testimony heard,
   pursuant to this section shall be maintained to the greatest extent
   possible, and such records may be filed or testimony heard in camera.



   "(4) Final determination of losses .-If the victim's losses are not
   ascertainable by the date that is 10 days prior to sentencing as
   provided in paragraph (1), the United States Attorney (or the United
   States Attorney's delegee) shall so inform the court, and the court
   shall set a date for the final determination of the victim's losses,
   not to exceed 90 days after sentencing. If the victim subsequently
   discovers further losses, the victim shall have 60 days after
   discovery of those losses in which to petition the court for an
   amended restitution order. Such order may be granted only upon a
   showing of good cause for the failure to include such losses in the
   initial claim for restitutionary relief.



   "(d) Modification of Order .-A victim or the offender may petition the
   court at any time to modify a restitution order as appropriate in view
   of a change in the economic circumstances of the offender.



   "(e) Reference to Magistrate or Special Master .-The court may refer
   any issue arising in connection with a proposed order of restitution
   to a magistrate or special master for proposed findings of fact and
   recommendations as to disposition, subject to a de novo determination
   of the issue by the court.



   "(f) Definition .-For purposes of this section, the term 'victim'
   means the individual harmed as a result of a commission of a crime
   under this chapter, including, in the case of a victim who is under 18
   years of age, incompetent, incapacitated, or deceased, the legal
   guardian of the victim or representative of the victim's estate,
   another family member, or any other person appointed as suitable by
   the court, but in no event shall the defendant be named as such
   representative or guardian.".



   (2) Technical amendment .-The chapter analysis for chapter 110 of
   title 18, United States Code, is amended by adding at the end the
   following new item:



   "2259. Mandatory restitution.".



   SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.



   There are authorized to be appropriated for the United States
   Attorneys for the purpose of appointing Victim/Witness Counselors for
   the prosecution of sex crimes and domestic violence crimes where
   applicable (such as the District of Columbia)-



   (1) $ 500,000 for fiscal year 1996;



   (2) $ 500,000 for fiscal year 1997; and



   (3) $ 500,000 for fiscal year 1998.



   CHAPTER 2-LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE VIOLENT
   CRIMES AGAINST WOMEN



   SEC. 40121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.



   (a) In General .-Title I of the Omnibus Crime Control and Safe Streets
   Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 32101(a),
   is amended-



   (1) by redesignating part T as part U;



   (2) by redesignating section 2001 as section 2101; and



   (3) by inserting after part S the following new part:



   "Part T-Grants To Combat Violent Crimes Against Women



   "SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.



   "(a) General Program Purpose .-The purpose of this part is to assist
   States, Indian tribal governments, and units of local government to
   develop and



   strengthen effective law enforcement and prosecution strategies to
   combat violent crimes against women, and to develop and strengthen
   victim services in cases involving violent crimes against women.



   "(b) Purposes for Which Grants May Be Used .-Grants under this part
   shall provide personnel, training, technical assistance, data
   collection and other equipment for the more widespread apprehension,
   prosecution, and adjudication of persons committing violent crimes
   against women, and specifically, for the purposes of-



   "(1) training law enforcement officers and prosecutors to more
   effectively identify and respond to violent crimes against women,
   including the crimes of sexual assault and domestic violence;



   "(2) developing, training, or expanding units of law enforcement
   officers and prosecutors specifically targeting violent crimes against
   women, including the crimes of sexual assault and domestic violence;



   "(3) developing and implementing more effective police and prosecution
   policies, protocols, orders, and services specifically devoted to
   preventing, identifying, and responding to violent crimes against
   women, including the crimes of sexual assault and domestic violence;



   "(4) developing, installing, or expanding data collection and
   communication systems, including computerized systems, linking police,
   prosecutors, and courts or for the purpose of identifying and tracking
   arrests, protection orders, violations of protection orders,
   prosecutions, and convictions for violent crimes against women,
   including the crimes of sexual assault and domestic violence;



   "(5) developing, enlarging, or strengthening victim services programs,
   including sexual assault and domestic violence programs, developing or
   improving delivery of victim services to racial, cultural, ethnic, and
   language minorities, providing specialized domestic violence court
   advocates in courts where a significant number of protection orders
   are granted, and increasing reporting and reducing attrition rates for
   cases involving violent crimes against women, including crimes of
   sexual assault and domestic violence;



   "(6) developing, enlarging, or strengthening programs addressing
   stalking; and



   "(7) developing, enlarging, or strengthening programs addressing the
   needs and circumstances of Indian tribes in dealing with violent
   crimes against women, including the crimes of sexual assault and
   domestic violence.



   "SEC. 2002. STATE GRANTS.



   "(a) General Grants .-The Attorney General may make grants to States,
   for use by States, units of local government, nonprofit
   nongovernmental victim services programs, and Indian tribal
   governments for the purposes described in section 2001(b).



   "(b) Amounts .-Of the amounts appropriated for the purposes of this
   part- [*H8804]



   "(1) 4 percent shall be available for grants to Indian tribal
   governments;



   "(2) $ 500,000 shall be available for grants to applicants in each
   State; and



   "(3) the remaining funds shall be available for grants to applicants
   in each State in an amount that bears the same ratio to the amount of
   remaining funds as the population of the State bears to the population
   of all of the States that results from a distribution among the States
   on the basis of each State's population in relation to the population
   of all States (not including populations of Indian tribes).



   "(c) Qualification .-Upon satisfying the terms of subsection (d), any
   State shall be qualified for funds provided under this part upon
   certification that-



   "(1) the funds shall be used for any of the purposes described in
   section 2001(b);



   "(2) grantees and subgrantees shall develop a plan for implementation
   and shall consult and coordinate with nonprofit, nongovernmental
   victim services programs, including sexual assault and domestic
   violence victim services programs;



   "(3) at least 25 percent of the amount granted shall be allocated,
   without duplication, to each of the following 3 areas: prosecution,
   law enforcement, and victim services; and



   "(4) any Federal funds received under this part shall be used to
   supplement, not supplant, non-Federal funds that would otherwise be
   available for activities funded under this subtitle.



   "(d) Application Requirements .-The application requirements provided
   in section 513 shall apply to grants made under this part. In
   addition, each application shall include the certifications of
   qualification required by subsection (c), including documentation from
   nonprofit, nongovernmental victim services programs, describing their
   participation in developing the plan required by subsection (c)(2). An
   application shall include-



   "(1) documentation from the prosecution, law enforcement, and victim
   services programs to be assisted, demonstrating-



   "(A) need for the grant funds;



   "(B) intended use of the grant funds;



   "(C) expected results from the use of grant funds; and



   "(D) demographic characteristics of the populations to be served,
   including age, marital status, disability, race, ethnicity and
   language background;



   "(2) proof of compliance with the requirements for the payment of
   forensic medical exams provided in section 2005; and



   "(3) proof of compliance with the requirements for paying filing and
   service fees for domestic violence cases provided in section 2006.



   "(e) Disbursement .-



   "(1) In general .-Not later than 60 days after the receipt of an
   application under this part, the Attorney General shall-



   "(A) disburse the appropriate sums provided for under this part; or



   "(B) inform the applicant why the application does not conform to the
   terms of section 513 or to the requirements of this section.



   "(2) Regulations .-In disbursing monies under this part, the Attorney
   General shall issue regulations to ensure that States will-



   "(A) give priority to areas of varying geographic size with the
   greatest showing of need based on the availability of existing
   domestic violence and sexual assault programs in the population and
   geographic area to be served in relation to the availability of such
   programs in other such populations and geographic areas;



   "(B) determine the amount of subgrants based on the population and
   geographic area to be served;



   "(C) equitably distribute monies on a geographic basis including
   nonurban and rural areas of various geographic sizes; and



   "(D) recognize and address the needs of underserved populations.



   "(f) Federal Share .-The Federal share of a grant made under this
   subtitle may not exceed 75 percent of the total costs of the projects
   described in the application submitted.



   "(g) Indian Tribes .-Funds appropriated by the Congress for the
   activities of any agency of an Indian tribal government or of the
   Bureau of Indian Affairs performing law enforcement functions on any
   Indian lands may be used to provide the non-Federal share of the cost
   of programs or projects funded under this part.



   "(h) Grantee Reporting .-



   "(1) In general .-Upon completion of the grant period under this part,
   a State or Indian tribal grantee shall file a performance report with
   the Attorney General explaining the activities carried out, which
   report shall include an assessment of the effectiveness of those
   activities in achieving the purposes of this part.



   "(2) Certification by grantee and subgrantees .-A section of the
   performance report shall be completed by each grantee and subgrantee
   that performed the direct services contemplated in the application,
   certifying performance of direct services under the grant.



   "(3) Suspension of funding .-The Attorney General shall suspend
   funding for an approved application if-



   "(A) an applicant fails to submit an annual performance report;



   "(B) funds are expended for purposes other than those described in
   this part; or



   "(C) a report under paragraph (1) or accompanying assessments
   demonstrate to the Attorney General that the program is ineffective or
   financially unsound.



   "SEC. 2003. DEFINITIONS.



   "In this part-



   "(1) the term 'domestic violence' includes felony or misdemeanor
   crimes of violence committed by a current or former spouse of the
   victim, by a person with whom the victim shares a child in common, by
   a person who is cohabitating with or has cohabitated with the victim
   as a spouse, by a person similarly situated to a spouse of the victim
   under the domestic or family violence laws of the jurisdiction
   receiving grant monies, or by any other adult person against a victim
   who is protected from that person's acts under the domestic or family
   violence laws of the jurisdiction receiving grant monies;



   "(2) the term 'Indian country' has the meaning stated in section 1151
   of title 18, United States Code;



   "(3) the term 'Indian tribe' means a tribe, band, pueblo, nation, or
   other organized group or community of Indians, including any Alaska
   Native village or regional or village corporation (as defined in, or
   established pursuant to, the Alaska Native Claims Settlement Act (43
   U.S.C. 1601 et seq.)), that is recognized as eligible for the special
   programs and services provided by the United States to Indians because
   of their status as Indians;



   "(4) the term 'law enforcement' means a public agency charged with
   policing functions, including any of its component bureaus (such as
   governmental victim services programs);



   "(5) the term 'prosecution' means any public agency charged with
   direct responsibility for prosecuting criminal offenders, including
   such agency's component bureaus (such as governmental victim services
   programs);



   "(6) the term 'sexual assault' means any conduct proscribed by chapter
   109A of title 18, United States Code, whether or not the conduct
   occurs in the special maritime and territorial jurisdiction of the
   United States or in a Federal prison and includes both assaults
   committed by offenders who are strangers to the victim and assaults
   committed by offenders who are known or related by blood or marriage
   to the victim;



   "(7) the term 'underserved populations' includes populations
   underserved because of geographic location (such as rural isolation),
   underserved racial or ethnic populations, and populations underserved
   because of special needs, such as language barriers or physical
   disabilities; and



   "(8) the term 'victim services' means a nonprofit, nongovernmental
   organization that assists domestic violence or sexual assault victims,
   including rape crisis centers, battered women's shelters, and other
   sexual assault or domestic violence programs, including nonprofit,
   nongovernmental organizations assisting domestic violence or sexual
   assault victims through the legal process.



   "SEC. 2004. GENERAL TERMS AND CONDITIONS.



   "(a) Nonmonetary Assistance .-In addition to the assistance provided
   under this part, the Attorney General may request any Federal agency
   to use its authorities and the resources granted to it under Federal
   law (including personnel, equipment, supplies, facilities, and
   managerial, technical, and advisory services) in support of State,
   tribal, and local assistance efforts.



   "(b) Reporting .-Not later than 180 days after the end of each fiscal
   year for which grants are made under this part, the Attorney General
   shall submit to the Committee on the Judiciary of the House of
   Representatives and the Committee on the Judiciary of the Senate a
   report that includes, for each State and for each grantee Indian
   tribe-



   "(1) the number of grants made and funds distributed under this part;



   "(2) a summary of the purposes for which those grants were provided
   and an evaluation of their progress;



   "(3) a statistical summary of persons served, detailing the nature of
   victimization, and providing data on age, sex, relationship of victim
   to offender, geographic distribution, race, ethnicity, language, and
   disability; and



   "(4) an evaluation of the effectiveness of programs funded under this
   part.



   "(c) Regulations or Guidelines .-Not later than 120 days after the
   date of enactment of this part, the Attorney General shall publish
   proposed regulations or guidelines implementing this part. Not later
   than 180 days after the date of enactment, the Attorney General shall
   publish final regulations or guidelines implementing this part.



   "SEC. 2005. RAPE EXAM PAYMENTS.



   "(a) Restriction of Funds .- "(1) In general .-A State, Indian tribal
   government, or unit of local government, shall not be entitled to
   funds under this part unless the State, Indian tribal government, unit
   of local government, or another governmental entity incurs the full
   out-of-pocket cost of forensic medical exams described in subsection
   (b) for victims of sexual assault.



   "(2) Redistribution .-Funds withheld from a State or unit of local
   government under paragraph (1) shall be distributed to other States or
   units of local government pro rata. Funds withheld from an Indian
   tribal government under paragraph (1) shall be distributed to other
   Indian tribal governments pro rata.



   "(b) Medical Costs .-A State, Indian tribal government, or unit of
   local government shall be deemed to incur the full out-of-pocket cost
   of forensic medical exams for victims of sexual assault if any
   government entity-



   "(1) provides such exams to victims free of charge to the victim;



   "(2) arranges for victims to obtain such exams free of charge to the
   victims; or



   "(3) reimburses victims for the cost of such exams if-



   "(A) the reimbursement covers the full cost of such exams, without any
   deductible requirement or limit on the amount of a reimbursement;



   "(B) the reimbursing governmental entity permits victims to apply for
   reimbursement for not less than one year from the date of the exam;



   "(C) the reimbursing governmental entity provides reimbursement not
   later than 90 days after written notification of the victim's expense;
   and



   "(D) the State, Indian tribal government, unit of local government, or
   reimbursing [*H8805] governmental entity provides information at the
   time of the exam to all victims, including victims with limited or no
   English proficiency, regarding how to obtain reimbursement.



   "SEC. 2006. FILING COSTS FOR CRIMINAL CHARGES.



   "(a) In General .-A State, Indian tribal government, or unit of local
   government, shall not be entitled to funds under this part unless the
   State, Indian tribal government, or unit of local government-



   "(1) certifies that its laws, policies, and practices do not require,
   in connection with the prosecution of any misdemeanor or felony
   domestic violence offense, that the abused bear the costs associated
   with the filing of criminal charges against the domestic violence
   offender, or the costs associated with the issuance or service of a
   warrant, protection order, or witness subpoena; or



   "(2) gives the Attorney General assurances that its laws, policies and
   practices will be in compliance with the requirements of paragraph (1)
   within the later of-



   "(A) the period ending on the date on which the next session of the
   State legislature ends; or



   "(B) 2 years.



   "(b) Redistribution .-Funds withheld from a State, unit of local
   government, or Indian tribal government under subsection (a) shall be
   distributed to other States, units of local government, and Indian
   tribal government, respectively, pro rata.".



   (b) Technical Amendment .-The table of contents of title I of the
   Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
   seq.), as amended by section 32101(b), is amended by striking the
   matter relating to part T and inserting the following:



   "Part T-Grants To Combat Violent Crimes Against Women



   "Sec. 2001. Purpose of the program and grants.



   "Sec. 2002. State grants.



   "Sec. 2003. General definitions.



   "Sec. 2004. General terms and conditions.



   "Sec. 2005. Rape exam payments.



   "Sec. 2006. Filing costs for criminal charges.



   "Part U-Transition-Effective Date-Repealer



   "Sec. 2101. Continuation of rules, authorities, and proceedings.".



   (c) Authorization of Appropriations .-Section 1001(a) of title I of
   the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
   3793), as amended by section 32101(d), is amended-



   (1) in paragraph (3) by striking "and S" and inserting "S, and T"; and




   (2) by adding at the end the following new paragraph:



   "(18) There are authorized to be appropriated to carry out part T-



   "(A) $ 26,000,000 for fiscal year 1995;



   "(B) $ 130,000,000 for fiscal year 1996;



   "(C) $ 145,000,000 for fiscal year 1997;



   "(D) $ 160,000,000 for fiscal year 1998;



   "(E) $ 165,000,000 for fiscal year 1999; and



   "(F) $ 174,000,000 for fiscal year 2000.".