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TITLE IV-VIOLENCE AGAINST WOMEN - Sections 40131-40211
CHAPTER 2-INTERSTATE ENFORCEMENT
SEC. 40221. INTERSTATE ENFORCEMENT.
(a) In General .-Part 1 of title 18, United States Code, is
inserting after chapter 110 the following new chapter:
"CHAPTER 110A-DOMESTIC VIOLENCE
"Sec. 2261. Interstate domestic violence.
"Sec. 2262. Interstate violation of protection order.
"Sec. 2263. Pretrial release of defendant.
"Sec. 2264. Restitution.
"Sec. 2265. Full faith and credit given to protection orders.
"Sec. 2266. Definitions.
" 2261. Interstate domestic violence
"(a) Offenses .-
"(1) Crossing a state line .-A person who travels across a State line
or enters or leaves Indian country with the intent to injure, harass,
or intimidate that person's spouse or intimate partner, and who, in
the course of or as a result of such travel, intentionally commits a
crime of violence and thereby causes bodily injury to such spouse or
intimate partner, shall be punished as provided in subsection (b).
"(2) Causing the crossing of a state line .-A person who causes a
spouse or intimate partner to cross a State line or to enter or leave
Indian country by force, coercion, duress, or fraud and, in the course
or as a result of that conduct, intentionally commits a crime of
violence and thereby causes bodily injury to the person's spouse or
intimate partner, shall be punished as provided in subsection (b).
"(b) Penalties .-A person who violates this section shall be fined
under this title, imprisoned-
"(1) for life or any term of years, if death of the offender's spouse
or intimate partner results;
"(2) for not more than 20 years if permanent disfigurement or life
threatening bodily injury [*H8808] to the offender's spouse or
intimate partner results;
"(3) for not more than 10 years, if serious bodily injury to the
offender's spouse or intimate partner results or if the offender uses
a dangerous weapon during the offense; "(4) as provided for the
applicable conduct under chapter 109A if the offense would constitute
an offense under chapter 109A (without regard to whether the offense
was committed in the special maritime and territorial jurisdiction of
the United States or in a Federal prison); and
"(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
" 2262. Interstate violation of protection order
"(a) Offenses .-
"(1) Crossing a state line .-A person who travels across a State line
or enters or leaves Indian country with the intent to engage in
conduct that-
"(A)(i) violates the portion of a protection order that involves
protection against credible threats of violence, repeated harassment,
or bodily injury to the person or persons for whom the protection
order was issued; or
"(ii) would violate subparagraph (A) if the conduct occurred in the
jurisdiction in which the order was issued; and
"(B) subsequently engages in such conduct,
shall be punished as provided in subsection (b).
"(2) Causing the crossing of a state line .-A person who causes a
spouse or intimate partner to cross a State line or to enter or leave
Indian country by force, coercion, duress, or fraud, and, in the
course or as a result of that conduct, intentionally commits an act
that injures the person's spouse or intimate partner in violation of a
valid protection order issued by a State shall be punished as provided
in subsection (b).
"(b) Penalties .-A person who violates this section shall be fined
under this title, imprisoned-
"(1) for life or any term of years, if death of the offender's spouse
or intimate partner results;
"(2) for not more than 20 years if permanent disfigurement or life
threatening bodily injury to the offender's spouse or intimate partner
results;
"(3) for not more than 10 years, if serious bodily injury to the
offender's spouse or intimate partner results or if the offender uses
a dangerous weapon during the offense;
"(4) as provided for the applicable conduct under chapter 109A if the
offense would constitute an offense under chapter 109A (without regard
to whether the offense was committed in the special maritime and
territorial jurisdiction of the United States or in a Federal prison);
and
"(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
" 2263. Pretrial release of defendant
"In any proceeding pursuant to section 3142 for the purpose of
determining whether a defendant charged under this chapter shall be
released pending trial, or for the purpose of determining conditions
of such release, the alleged victim shall be given an opportunity to
be heard regarding the danger posed by the defendant.
" 2264. Restitution
"(a) In General .-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 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) Affidavit .-Within 60 days after conviction and, in any event,
not later than 10 days before sentencing, the United States Attorney
(or such Attorney's delegate), 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 delegate) and the victim.
Should the victim object to any of the information included in the
affidavit, the United States Attorney (or the delegate) shall advise
the victim that the victim may file a separate affidavit and assist
the victim in the preparation of the affidavit.
"(d) 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 subsection (a) 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 delegate) to submit further affidavits or
other supporting documents, demonstrating the victim's losses.
"(e) 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.
"(f) Final Determination of Losses .-If the victim's losses are not
ascertainable 10 days before sentencing as provided in subsection (c),
the United States Attorney (or the United States Attorney's delegate)
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 90 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.
"(g) Restitution in Addition to Punishment .-An award of restitution
to the victim of an offense under this chapter is not a substitute for
imposition of punishment under this chapter.
" 2265. Full faith and credit given to protection orders
"(a) Full Faith and Credit .-Any protection order issued that is
consistent with subsection (b) of this section by the court of one
State or Indian tribe (the issuing State or Indian tribe) shall be
accorded full faith and credit by the court of another State or Indian
tribe (the enforcing State or Indian tribe)
and enforced as if it were the order of the enforcing State or tribe.
"(b) Protection Order .-A protection order issued by a State or tribal
court is consistent with this subsection if- [*H8809]
"(1) such court has jurisdiction over the parties and matter under the
law of such State or Indian tribe; and
"(2) reasonable notice and opportunity to be heard is given to the
person against whom the order is sought sufficient to protect that
person's right to due process. In the case of ex parte orders, notice
and opportunity to be heard must be provided within the time required
by State or tribal law, and in any event within a reasonable time
after the order is issued, sufficient to protect the respondent's due
process rights.
"(c) Cross or Counter Petition .-A protection order issued by a State
or tribal court against one who has petitioned, filed a complaint, or
otherwise filed a written pleading for protection against abuse by a
spouse or intimate partner is not entitled to full faith and credit
if-
"(1) no cross or counter petition, complaint, or other written
pleading was filed seeking such a protection order; or
"(2) a cross or counter petition has been filed and the court did not
make specific findings that each party was entitled to such an order.
" 2266. Definitions
"In this chapter-
" 'bodily injury' means any act, except one done in self-defense, that
results in physical injury or sexual abuse.
" 'Indian country' has the meaning stated in section 1151.
" 'protection order' includes any injunction or other order issued for
the purpose of preventing violent or threatening acts or harassment
against, or contact or communication with or physical proximity to,
another person, including temporary and final orders issued by civil
and criminal courts (other than support or child custody orders)
whether obtained by filing an independent action or as a pendente lite
order in another proceeding so long as any civil order was issued in
response to a complaint, petition or motion filed by or on behalf of a
person seeking protection.
" 'spouse or intimate partner' includes-
"(A) a spouse, a former spouse, a person who shares a child in common
with the abuser, and a person who cohabits or has cohabited with the
abuser as a spouse; and
"(B) any other person similarly situated to a spouse who is protected
by the domestic or family violence laws of the State in which the
injury occurred or where the victim resides.
" 'State' includes a State of the United States, the District of
Columbia, a commonwealth, territory, or possession of the United
States.
" 'travel across State lines' does not include travel across State
lines by an individual who is a member of an Indian tribe when such
individual remains at all times in the territory of the Indian tribe
of which the individual is a member.".
(b) Technical Amendment .-The part analysis for part I of title 18,
United States Code, is amended by inserting after the item for chapter
110 the following new item: "
110A. Domestic violence
2261. ".
CHAPTER 3-ARREST POLICIES IN DOMESTIC VIOLENCE CASES
SEC. 40231. ENCOURAGING ARREST POLICIES.
(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 40121(a),
is amended-
(1) by redesignating part U as part V;
(2) by redesignating section 2101 as section 2201; and
(3) by inserting after part T the following new part:
"PART U-GRANTS TO ENCOURAGE ARREST POLICIES
"SEC. 2101. GRANTS.
"(a) Purpose .-The purpose of this part is to encourage States, Indian
tribal governments, and units of local government to treat domestic
violence as a serious violation of criminal law.
"(b) Grant Authority .-The Attorney General may make grants to
eligible States, Indian tribal governments, or units of local
government for the following purposes:
"(1) To implement mandatory arrest or proarrest programs and policies
in police departments, including mandatory arrest programs and
policies for protection order violations.
"(2) To develop policies and training in police departments to improve
tracking of cases involving domestic violence.
"(3) To centralize and coordinate police enforcement, prosecution, or
judicial responsibility for domestic violence cases in groups or units
of police officers, prosecutors, or judges.
"(4) To coordinate computer tracking systems to ensure communication
between police, prosecutors, and both criminal and family courts.
"(5) To strengthen legal advocacy service programs for victims of
domestic violence.
"(6) To educate judges in criminal and other courts about domestic
violence and to improve judicial handling of such cases.
"(c) Eligibility .-Eligible grantees are States, Indian tribal
governments, or units of local government that-
"(1) certify that their laws or official policies-
"(A) encourage or mandate arrests of domestic violence offenders based
on probable cause that an offense has been committed; and
"(B) encourage or mandate arrest of domestic violence offenders who
violate the terms of a valid and outstanding protection order;
"(2) demonstrate that their laws, policies, or practices and their
training programs discourage dual arrests of offender and victim;
"(3) certify that their laws, policies, or practices prohibit issuance
of mutual restraining orders of protection except in cases where both
spouses file a claim and the court makes detailed findings of fact
indicating that both spouses acted primarily as aggressors and that
neither spouse acted primarily in self- defense; and
"(4) certify that their laws, policies, or 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 or the service of such charges on
an abuser, or that the abused bear the costs associated with the
issuance or service of a warrant, protection order, or witness
subpoena.
"SEC. 2102. APPLICATIONS.
"(a) Application .-An eligible grantee shall submit an application to
the Attorney General that- "(1) contains a certification by the chief
executive officer of the State, Indian tribal government, or local
government entity that the conditions of section 2101(c) are met or
will be met within the later of-
"(A) the period ending on the date on which the next session of the
State or Indian tribal legislature ends; or
"(B) 2 years of the date of enactment of this part;
"(2) describes plans to further the purposes stated in section
2101(a);
"(3) identifies the agency or office or groups of agencies or offices
responsible for carrying out the program; and
"(4) includes documentation from nonprofit, private sexual assault and
domestic violence programs demonstrating their participation in
developing the application, and identifying such programs in which
such groups will be
consulted for development and implementation.
"(b) Priority .-In awarding grants under this part, the Attorney
General shall give priority to applicants that-
"(1) do not currently provide for centralized handling of cases
involving domestic violence by police, prosecutors, and courts; and
"(2) demonstrate a commitment to strong enforcement of laws, and
prosecution of cases, involving domestic violence.
"SEC. 2103. REPORTS.
"Each grantee receiving funds under this part shall submit a report to
the Attorney General evaluating the effectiveness of projects
developed with funds provided under this part and containing such
additional information as the Attorney General may prescribe.
"SEC. 2104. 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 of this part, the Attorney General shall publish final
regulations or guidelines implementing this part.
"SEC. 2105. DEFINITIONS.
"For purposes of 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 eligible State, Indian tribal government, or unit
of local government that receives a grant under this part; and
"(2) the term 'protection order' includes any injunction issued for
the purpose of preventing violent or threatening acts of domestic
violence, including temporary and final orders issued by civil or
criminal courts (other than support or child custody orders or
provisions) whether obtained by filing an independent action or as a
pendente lite order in another proceeding.".
(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 40121(b), is amended by striking the
matter relating to part U and inserting the following:
"Part U-Grants to Encourage Arrest Policies
"Sec. 2101. Grants.
"Sec. 2102. Applications.
"Sec. 2103. Reports.
"Sec. 2104. Regulations or guidelines.
"Sec. 2105. Definitions.
"Part V-Transition-Effective Date-Repealer
"Sec. 2201. 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 40121(c), is amended-
(1) in paragraph (3) by striking "and T" and inserting "T, and U"; and
(2) by adding at the end the following new paragraph:
"(19) There are authorized to be appropriated to carry out part U-
"(A) $ 28,000,000 for fiscal year 1996;
"(B) $ 33,000,000 for fiscal year 1997; and
"(C) $ 59,000,000 for fiscal year 1998.
(d) Administrative Provisions .-
(1) Regulations .-Section 801(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)), is amended
by striking "and O" and inserting "O, and U".
(2) Denial of application .-Section 802(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) is
amended in the first sentence by striking "or O" and inserting "O, or
U". [*H8810]
CHAPTER 4-SHELTER GRANTS
SEC. 40241. GRANTS FOR BATTERED WOMEN'S SHELTERS.
Section 310(a) of the Family Violence Prevention and Services Act (42
U.S.C. 10409(a)) is amended to read as follows:
"(a) In General .-There are authorized to be appropriated to carry out
this title-
"(1) $ 50,000,000 for fiscal year 1996;
"(2) $ 60,000,000 for fiscal year 1997;
"(3) $ 70,000,000 for fiscal year 1998;
"(4) $ 72,500,000 for fiscal year 1999; and
"(5) $ 72,500,000 for fiscal year 2000.".
CHAPTER 5-YOUTH EDUCATION
SEC. 40251. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.), as amended by section 40211, is amended by adding at the end
the following new section:
"SEC. 317. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
"(a) General Purpose .-For purposes of this section, the Secretary
may, in consultation with the Secretary of Education, select,
implement and evaluate 4 model programs for education of young people
about domestic violence and violence among intimate partners.
"(b) Nature of Program .-The Secretary shall select, implement and
evaluate separate model programs for 4 different audiences: primary
schools, middle schools, secondary schools, and institutions of higher
education. The model programs shall be selected, implemented, and
evaluated in consultation with educational experts, legal and
psychological experts on battering, and victim advocate organizations
such as battered women's shelters, State coalitions and resource
centers.
"(c) Review and Dissemination .-Not later than 2 years after the date
of enactment of this section, the Secretary shall transmit the design
and evaluation of the model programs, along with a plan and cost
estimate for nationwide distribution, to the relevant committees of
Congress for review.
"(d) Authorization of Appropriations .-There are authorized to be
appropriated to carry out this section
$ 400,000 for fiscal year 1996.
CHAPTER 6-COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
SEC. 40261. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.), as amended by section 40251, is amended by adding at the end
the following new section:
"SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
"(a) In General .-The Secretary shall provide grants to nonprofit
private organizations to establish projects in local communities
involving many sectors of each community to coordinate intervention
and prevention of domestic violence.
"(b) Eligibility .-To be eligible for a grant under this section, an
entity-
"(1) shall be a nonprofit organization organized for the purpose of
coordinating community projects for the intervention in and prevention
of domestic violence; and
"(2) shall include representatives of pertinent sectors of the local
community, which may include-
"(A) health care providers;
"(B) the education community;
"(C) the religious community;
"(D) the justice system;
"(E) domestic violence program advocates;
"(F) human service entities such as State child services divisions;
"(G) business and civic leaders; and
"(H) other pertinent sectors.
"(c) Applications .-An organization that desires to receive a grant
under this section shall submit to the Secretary an application, in
such form and in such manner as the Secretary shall prescribe through
notice in the Federal Register, that-
"(1) demonstrates that the applicant will serve a community leadership
function, bringing together opinion leaders from each sector of the
community to develop a coordinated community consensus opposing
domestic violence;
"(2) demonstrates a community action component to improve and expand
current intervention and prevention strategies through increased
communication and coordination among all affected sectors;
"(3) includes a complete description of the applicant's plan for the
establishment and operation of the community project, including a
description of-
"(A) the method for identification and selection of an administrative
committee made up of persons knowledgeable in domestic violence to
oversee the project, hire staff, assure compliance with the project
outline, and secure annual evaluation of the project; "(B) the method
for identification and selection of project staff and a project
evaluator;
"(C) the method for identification and selection of a project council
consisting of representatives of the community sectors listed in
subsection (b)(2);
"(D) the method for identification and selection of a steering
committee consisting of representatives of the various community
sectors who will chair subcommittees of the project council focusing
on each of the sectors; and
"(E) a plan for developing outreach and public education campaigns
regarding domestic violence; and
"(4) contains such other information, agreements, and assurances as
the Secretary may require.
"(d) Term .-A grant provided under this section may extend over a
period of not more than 3 fiscal years.
"(e) Conditions on Payment .-Payments under a grant under this section
shall be subject to-
"(1) annual approval by the Secretary; and
"(2) availability of appropriations.
"(f) Geographical Dispersion .-The Secretary shall award grants under
this section to organizations in communities geographically dispersed
throughout the country.
"(g) Use of Grant Monies .-
"(1) In general .-A grant made under subsection (a) shall be used to
establish and operate a community project to coordinate intervention
and prevention of domestic violence.
"(2) Requirements .-In establishing and operating a project, a
nonprofit private organization shall-
"(A) establish protocols to improve and expand domestic violence
intervention and prevention strategies among all affected sectors;
"(B) develop action plans to direct responses within each community
sector that are in conjunction with development in all other sectors;
and
"(C) provide for periodic evaluation of the project with a written
report and analysis to assist application of this concept in other
communities.
"(h) Authorization of Appropriations .-There are authorized to be
appropriated to carry out this section-
"(1) $ 4,000,000 for fiscal year 1996; and
"(2) $ 6,000,000 for fiscal year 1997.
"(i) Regulations .-Not later than 60 days after the date of enactment
of this section, the Secretary shall publish proposed regulations
implementing this section. Not later than 120 days after the date of
enactment, the Secretary shall publish final regulations implementing
this section.".
CHAPTER 7-FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS
SEC. 40271. GRANTEE REPORTING.
(a) Submission of Application .-Section 303(a)(2)(C) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is
amended by inserting "and a plan to address the needs of underserved
populations, including populations underserved because of ethnic,
racial, cultural, language diversity or geographic isolation" after
"such State".
(b) Approval of Application .-Section 303(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10402(a)) is amended by adding
at the end the following new paragraph:
"(4) Upon completion of the activities funded by a grant under this
subpart, the State grantee shall file a performance report with the
Director explaining the activities carried out together with an
assessment of the effectiveness of those activities in achieving the
purposes of this subpart. A section of this performance report shall
be completed by each grantee or subgrantee that performed the direct
services contemplated in the application certifying performance of
direct services under the grant. The Director shall suspend funding
for an approved application if an applicant fails to submit an annual
performance report or if the funds are expended for purposes other
than those set forth under this subpart, after following the
procedures set forth in paragraph (3). Federal funds may be used only
to supplement, not supplant, State funds.".
SEC. 40272. TECHNICAL AMENDMENTS.
(a) Definitions .-Section 309(5)(B) of the Family Violence Prevention
and Services Act (42 U.S.C. 10408(5)(B)) is amended by inserting "or
other supportive services" before "by peers individually or in
groups,".
(b) Special Issue Resource Centers .- (1) Grants .-Section 308(a)(2)
of the Family Violence Prevention and Services Act (42 U.S.C.
10407(a)(2)) is amended by striking "six" and inserting "seven".
(2) Functions .-Section 308(c) of the Family Violence Prevention and
Services Act (42 U.S.C. 10407(c)) is amended-
(A) by striking the period at the end of paragraph (6) and inserting
", including the issuance and enforcement of protection orders."; and
(B) by adding at the end the following new paragraph:
"(7) Providing technical assistance and training to State domestic
violence coalitions.".
(c) State Domestic Violence Coalitions .-Section 311(a) of the Family
Violence Prevention and Services Act (42 U.S.C. 10410(a)) is amended-
(1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs
(2), (3), (4), and (5);
(2) by inserting before paragraph (2), as redesignated by paragraph
(1), the following new paragraph:
"(1) working with local domestic violence programs and providers of
direct services to encourage appropriate responses to domestic
violence within the State, including-
"(A) training and technical assistance for local programs and
professionals working with victims of domestic violence;
"(B) planning and conducting State needs assessments and planning for
comprehensive services;
"(C) serving as an information clearinghouse and resource center for
the State; and
"(D) collaborating with other governmental systems which affect
battered women;";
(3) in paragraph (2)(K), as redesignated by paragraph (1), by striking
"and court officials and other professionals" and inserting ", judges,
court officers and other criminal justice professionals,";
(4) in paragraph (3), as redesignated by paragraph (1)-
(A) by inserting ", criminal court judges," after "family law judges,
" each place it appears;
(B) in subparagraph (F), by inserting "custody" after "temporary"; and
(C) in subparagraph (H), by striking "supervised visitations that do
not endanger [*H8811] victims and their children," and inserting
"supervised visitations or denial of visitation to protect against
danger to victims or their children"; and
(5) in paragraph (4), as redesignated by paragraph (1), by inserting
", including information aimed at underserved racial, ethnic or
language-minority populations" before the semicolon.