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      TITLE IV-VIOLENCE AGAINST WOMEN - Sections 40281-40703



   SEC. 40281. CONFIDENTIALITY OF ABUSED PERSON'S ADDRESS.



   (a) Regulations .-Not later than 90 days after the date of
   of this Act, the United States Postal Service shall promulgate
   regulations to secure the confidentiality of domestic violence
   shelters and abused persons' addresses.



   (b) Requirements .-The regulations under subsection (a) shall




   (1) in the case of an individual, the presentation to an appropriate
   postal official of a valid, outstanding protection order; and



   (2) in the case of a domestic violence shelter, the presentation to an
   appropriate postal authority of proof from a State domestic violence
   coalition that meets the requirements of section 311 of the Family
   Violence Prevention and Services Act (42 U.S.C. 10410)) verifying that
   the organization is a domestic violence shelter.



   (c) Disclosure for Certain Purposes .-The regulations under subsection
   (a) shall not prohibit the disclosure of addresses to State or Federal
   agencies for legitimate law enforcement or other governmental
   purposes.



   (d) Existing Compilations .-Compilations of addresses existing at the
   time at which order is presented to an appropriate postal official
   shall be excluded from the scope of the regulations under subsection
   (a).



   CHAPTER 9-DATA AND RESEARCH



   SEC. 40291. RESEARCH AGENDA.



   (a) Request for Contract .-The Attorney General shall request the
   National Academy of Sciences, through its National Research Council,
   to enter into a contract to develop a research agenda to increase the
   understanding and control of violence against women, including rape
   and domestic violence. In furtherance of the contract, the National
   Academy shall convene a panel of nationally recognized experts on
   violence against women, in the fields of law, medicine, criminal
   justice, and direct services to victims and experts on domestic
   violence in diverse, ethnic, social, and language minority communities
   and the social sciences. In setting the agenda, the Academy shall
   focus primarily on preventive, educative, social, and legal
   strategies, including addressing the needs of underserved populations.




   (b) Declination of Request .-If the National Academy of Sciences
   declines to conduct the study and develop a research agenda, it shall
   recommend a nonprofit private entity that is qualified to conduct such
   a study. In that case, the Attorney General shall carry out subsection
   (a) through the nonprofit private entity recommended by the Academy.
   In either case, whether the study is conducted by the National Academy
   of Sciences or by the nonprofit group it recommends, the funds for the
   contract shall be made available from sums appropriated for the
   conduct of research by the National Institute of Justice.



   (c) Report .-The Attorney General shall ensure that no later than 1
   year after the date of enactment of this Act, the study required under
   subsection (a) is completed and a report describing the findings made
   is submitted to the Committee on the Judiciary of the Senate and the
   Committee on the Judiciary of the House of Representatives.



   SEC. 40292. STATE DATABASES.



   (a) In General .-The Attorney General shall study and report to the
   States and to Congress on how the States may collect centralized
   databases on the incidence of sexual and domestic violence offenses
   within a State.



   (b) Consultation .-In conducting its study, the Attorney General shall
   consult persons expert in the collection of criminal justice data,
   State statistical administrators, law enforcement personnel, and
   nonprofit nongovernmental agencies that provide direct services to
   victims of domestic violence. The final report shall set forth the
   views of the persons consulted on the recommendations.



   (c) Report .-The Attorney General shall ensure that no later than 1
   year after the date of enactment of this Act, the study required under
   subsection (a) is completed and a report describing the findings made
   is submitted to the



   Committees on the Judiciary of the Senate and the House of
   Representatives.



   (d) Authorization of Appropriations .-There are authorized to be
   appropriated to carry out this section-



   $ 200,000 for fiscal year 1996.



   SEC. 40293. NUMBER AND COST OF INJURIES.



   (a) Study .-The Secretary of Health and Human Services, acting through
   the Centers for Disease Control Injury Control Division, shall conduct
   a study to obtain a national projection of the incidence of injuries
   resulting from domestic violence, the cost of injuries to health care
   facilities, and recommend health care strategies for reducing the
   incidence and cost of such injuries.



   (b) Authorization of Appropriations .-There are authorized to be
   appropriated to carry out this section-



   $ 100,000 for fiscal year 1996.



   CHAPTER 10-RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT



   SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
   ASSISTANCE.



   (a) Grants .-The Attorney General may make grants to States, Indian
   tribal governments, and local governments of rural States, and to
   other public or private entities of rural States-



   (1) to implement, expand, and establish cooperative efforts and
   projects between law enforcement officers, prosecutors, victim
   advocacy groups, and other related parties to investigate and
   prosecute incidents of domestic violence and child abuse;



   (2) to provide treatment and counseling to victims of domestic
   violence and child abuse; and



   (3) to work in cooperation with the community to develop education and
   prevention strategies directed toward such issues.



   (b) Definitions .-In this section- "Indian tribe" means a tribe, band,
   pueblo, nation, or other organized group or community of Indians,
   including an Alaska Native village (as defined in or established under
   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.



   "rural State" has the meaning stated in section 1501(b) of title I of
   the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
   3796bb(B)).



   (c) Authorization of Appropriations .-



   (1) In general .-There are authorized to be appropriated to carry out
   this section-



   (A) $ 7,000,000 for fiscal year 1996;



   (B) $ 8,000,000 for fiscal year 1997; and



   (C) $ 15,000,000 for fiscal year 1998.



   (2) Additional funding .-In addition to funds received under a grant
   under subsection (a), a law enforcement agency may use funds received
   under a grant under section 103 to accomplish the objectives of this
   section.



   Subtitle C-Civil Rights for Women



   SEC. 40301. SHORT TITLE.



   This subtitle may be cited as the "Civil Rights Remedies for
   Gender-Motivated Violence Act".



   SEC. 40302. CIVIL RIGHTS.



   (a) Purpose .-Pursuant to the affirmative power of Congress to enact
   this subtitle under section 5 of the Fourteenth Amendment to the
   Constitution, as well as under section 8 of Article I of the
   Constitution, it is the purpose of this subtitle to protect the civil
   rights of victims of gender motivated violence and to promote public
   safety, health, and activities affecting interstate commerce by
   establishing a Federal civil rights cause of action for victims of
   crimes of violence motivated by gender.



   (b) Right To Be Free From Crimes of Violence .-All persons within the
   United States shall have the right to be free from crimes of violence
   motivated by gender (as defined in subsection (d)).



   (c) Cause of Action .-A person (including a person who acts under
   color of any statute, ordinance, regulation, custom, or usage of any
   State) who commits a crime of violence motivated by gender and thus
   deprives another of the right declared in subsection (b) shall be
   liable to the party injured, in an action for the recovery of
   compensatory and punitive damages, injunctive and declaratory relief,
   and such other relief as a court may deem appropriate.



   (d) Definitions .-For purposes of this section-



   (1) the term "crime of violence motivated by gender" means a crime of
   violence committed because of gender or on the basis of gender, and
   due, at least in part, to an animus based on the victim's gender; and



   (2) the term "crime of violence" means-



   (A) an act or series of acts that would constitute a felony against
   the person or that would constitute a felony against property if the
   conduct presents a serious risk of physical injury to another, and
   that would come within the meaning of State or Federal offenses
   described in section 16 of title 18, United States Code, whether or
   not those acts have actually resulted in criminal charges,
   prosecution, or conviction and whether or not those acts were
   committed in the special maritime, territorial, or prison jurisdiction
   of the United States; and



   (B) includes an act or series of acts that would constitute a felony
   described in subparagraph (A) but for the relationship between the
   person who takes such action and the individual against whom such
   action is taken.



   (e) Limitation and Procedures.-



   (1) Limitation .-Nothing in this section entitles a person to a cause
   of action under subsection (c) for random acts of violence unrelated
   to gender or for acts that cannot be demonstrated, by a preponderance
   of the evidence, to be motivated by gender (within the meaning of
   subsection (d)).



   (2) No prior criminal action .-Nothing in this section requires a
   prior criminal complaint, prosecution, or conviction to establish the
   elements of a cause of action under subsection (c).



   (3) Concurrent jurisdiction .-The Federal and State courts shall have
   concurrent jurisdiction over actions brought pursuant to this
   subtitle.



   (4) Supplemental jurisdiction .-Neither section 1367 of title 28,
   United States Code, nor subsection (c) of this section shall be
   construed, by reason of a claim arising under such subsection, to
   confer on the courts of the United States jurisdiction over any State
   law claim seeking the establishment of a divorce, alimony, equitable
   distribution of marital property, or child custody decree.



   (5) Limitation on removal .-Section 1445 of title 28, United States
   Code, is amended by adding at the end the following new subsection:



   "(d) A civil action in any State court arising under section 40302 of
   the Violence Against Women Act of 1994 may not be removed to any
   district court of the United States.".



   SEC. 40303. ATTORNEY'S FEES.



   Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended in the
   last sentence- [*H8812]



   (1) by striking "or" after "Public Law 92-318,"; and



   (2) by inserting ", or section 40302 of the Violence Against Women Act
   of 1994," after "1964".



   SEC. 40304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE PRIVACY
   OF RAPE VICTIMS.



   It is the sense of the Senate that news media, law enforcement
   officers, and other persons should exercise restraint and respect a
   rape victim's privacy by not disclosing the victim's identity to the
   general public or facilitating such disclosure without the consent of
   the victim.



   Subtitle D-Equal Justice for Women in the Courts Act



   SEC. 40401. SHORT TITLE.



   This subtitle may be cited as the "Equal Justice for Women in the
   Courts Act of 1994".



   CHAPTER 1-EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
   STATE COURTS



   SEC. 40411. GRANTS AUTHORIZED.



   The State Justice Institute may award grants for the purpose of
   developing, testing, presenting, and disseminating model programs to
   be used by States (as defined in section 202 of the State Justice
   Institute Act of 1984 (42 U.S.C. 10701)) in training judges and court
   personnel in the laws of the States and by Indian tribes in training
   tribal judges and court personnel in the laws of the tribes on rape,
   sexual assault, domestic violence, and other crimes of violence
   motivated by the victim's gender.



   SEC. 40412. TRAINING PROVIDED BY GRANTS.



   Training provided pursuant to grants made under this subtitle may
   include current information, existing studies, or current data on-



   (1) the nature and incidence of rape and sexual assault by strangers
   and nonstrangers, marital rape, and incest;



   (2) the underreporting of rape, sexual assault, and child sexual
   abuse;



   (3) the physical, psychological, and economic impact of rape and
   sexual assault on the victim, the costs to society, and the
   implications for sentencing;



   (4) the psychology of sex offenders, their high rate of recidivism,
   and the implications for sentencing;



   (5) the historical evolution of laws and attitudes on rape and sexual
   assault;



   (6) sex stereotyping of female and male victims of rape and sexual
   assault, racial stereotyping of rape victims and defendants, and the
   impact of such stereotypes on credibility of witnesses, sentencing,
   and other aspects of the administration of justice; (7) application of
   rape shield laws and other limits on introduction of evidence that may
   subject victims to improper sex stereotyping and harassment in both
   rape and nonrape cases, including the need for sua sponte judicial
   intervention in inappropriate cross- examination;



   (8) the use of expert witness testimony on rape trauma syndrome, child
   sexual abuse accommodation syndrome, post-traumatic stress syndrome,
   and similar issues;



   (9) the legitimate reasons why victims of rape, sexual assault, and
   incest may refuse to testify against a defendant;



   (10) the nature and incidence of domestic violence;



   (11) the physical, psychological, and economic impact of domestic
   violence on the victim, the costs to society, and the implications for
   court procedures and sentencing;



   (12) the psychology and self-presentation of batterers and victims and
   the implications for court proceedings and credibility of witnesses;



   (13) sex stereotyping of female and male victims of domestic violence,
   myths about presence or absence of domestic violence in certain
   racial, ethnic, religious, or socioeconomic groups, and their impact
   on the administration of justice;



   (14) historical evolution of laws and attitudes on domestic violence;



   (15) proper and improper interpretations of the defenses of
   self-defense and provocation, and the use of expert witness testimony
   on battered woman syndrome;



   (16) the likelihood of retaliation, recidivism, and escalation of
   violence by batterers, and the potential impact of incarceration and
   other meaningful sanctions for acts of domestic violence including
   violations of orders of protection;



   (17) economic, psychological, social and institutional reasons for
   victims' inability to leave the batterer, to report domestic violence
   or to follow through on complaints, including the influence of lack of
   support from police, judges, and court personnel, and the legitimate
   reasons why victims of domestic violence may refuse to testify against
   a defendant;



   (18) the need for orders of protection, and the implications of mutual
   orders of protection, dual arrest policies, and mediation in domestic
   violence cases; and



   (19) recognition of and response to gender-motivated crimes of
   violence other than rape, sexual assault and domestic violence, such
   as mass or serial murder motivated by the gender of the victims.



   SEC. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER
   THIS TITLE.



   The State Justice Institute shall ensure that model programs carried
   out pursuant to grants made under this subtitle are developed with the
   participation of law enforcement officials, public and private
   nonprofit victim advocates, legal experts, prosecutors, defense
   attorneys, and recognized experts on gender bias in the courts.



   SEC. 40414. AUTHORIZATION OF APPROPRIATIONS.



   (a) In General .-There are authorized to be appropriated to carry out
   this chapter-



   $ 600,000 for fiscal year 1996.



   (b) Model Programs .-Of amounts appropriated under this section, the
   State Justice Institute shall expend not less than 40 percent on model
   programs regarding domestic violence and not less than 40 percent on
   model programs



   regarding rape and sexual assault.



   CHAPTER 2-EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
   FEDERAL COURTS



   SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING
   GRANTS.



   (a) Studies .-In order to gain a better understanding of the nature
   and the extent of gender bias in the Federal courts, the circuit
   judicial councils are encouraged to conduct studies of the instances,
   if any, of gender bias in their respective circuits and to implement
   recommended reforms.



   (b) Matters for Examination .-The studies under subsection (a) may
   include an examination of the effects of gender on-



   (1) the treatment of litigants, witnesses, attorneys, jurors, and
   judges in the courts, including before magistrate and bankruptcy
   judges;



   (2) the interpretation and application of the law, both civil and
   criminal;



   (3) treatment of defendants in criminal cases;



   (4) treatment of victims of violent crimes in judicial proceedings;



   (5) sentencing;



   (6) sentencing alternatives and the nature of supervision of probation
   and parole;



   (7) appointments to committees of the Judicial Conference and the
   courts;



   (8) case management and court sponsored alternative dispute resolution
   programs;



   (9) the selection, retention, promotion, and treatment of employees;



   (10) appointment of arbitrators, experts, and special masters;



   (11) the admissibility of the victim's past sexual history in civil
   and criminal cases; and



   (12) the aspects of the topics listed in section 40412 that pertain to
   issues within the jurisdiction of the Federal courts.



   (c) Clearinghouse .-The Administrative Office of the United States
   Courts shall act as a clearinghouse to disseminate any reports and
   materials issued by the gender bias task forces under subsection (a)
   and to respond to requests for such reports and materials. The gender
   bias task forces shall provide the Administrative Office of the Courts
   of the United States with their reports and related material.



   (d) Model Programs .-The Federal Judicial Center, in carrying out
   section 620(b)(3) of title 28, United States Code, may-



   (1) include in the educational programs it presents and prepares,
   including the training programs for newly appointed judges,
   information on issues related to gender bias in the courts including
   such areas as are listed in subsection (a) along with such other
   topics as the Federal Judicial Center deems appropriate;



   (2) prepare materials necessary to implement this subsection; and



   (3) take into consideration the findings and recommendations of the
   studies conducted pursuant to subsection (a), and to consult with
   individuals and groups with relevant expertise in gender bias issues
   as it prepares or revises such materials.



   SEC. 40422. AUTHORIZATION OF APPROPRIATIONS.



   There are authorized to be appropriated-



   (1) to the Salaries and Expenses Account of the Courts of Appeals,
   District Courts, and other Judicial Services to carry out section
   40421(a)-



   $ 500,000 for fiscal year 1996;



   (2) to the Federal Judicial Center to carry out section 40421(d)-



   $ 100,000 for fiscal year 1996; and



   (3) to the Administrative Office of the United States Courts to carry
   out section 40421(c)-



   $ 100,000 for fiscal year 1996.



   Subtitle E-Violence Against Women Act Improvements



   SEC. 40501. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.



   Section 3156(a)(4) of title 18, United States Code, is amended-



   (1) by striking "or" at the end of subparagraph (A);



   (2) by striking the period at the end of subparagraph (B) and
   inserting "; or"; and



   (3) by adding after subparagraph (B) the following new subparagraph:



   "(C) any felony under chapter 109A or chapter 110.".



   SEC. 40502. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW
   THE AGE OF 16.



   Section 2245(2) of title 18, United States Code, is amended-



   (1) by striking "or" at the end of subparagraph (B);



   (2) by striking "; and" at the end of subparagraph (C) and inserting
   "; or"; and



   (3) by inserting after subparagraph (C) the following new
   subparagraph:



   "(D) the intentional touching, not through the clothing, of the
   genitalia of another person who has not attained the age of 16 years
   with an intent to abuse, humiliate, harass, degrade, or arouse or
   gratify the sexual desire of any person;".



   SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY TRANSMITTED
   DISEASES.



   (a) For Victims in Sex Offense Cases .-Section 503(c)(7) of the
   Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)(7)) is
   amended by adding at the end the following: "The Attorney General
   shall provide for the payment of the cost of up to 2 anonymous and
   confidential tests of the victim for sexually transmitted diseases,
   including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the
   12 months following sexual assaults that pose a risk of transmission,
   and the cost of a counseling session by a medically trained
   professional on the accuracy of such tests and the risk of
   transmission of sexually transmitted diseases to the victim as the
   result of the assault. A victim may waive anonymity and
   confidentiality of any tests paid for under this section.". [*H8813]



   (b) Limited Testing of Defendants .-



   (1) Court order. -The victim of an offense of the type referred to in
   subsection (a) may obtain an order in the district court of the United
   States for the district in which charges are brought against the
   defendant charged with the offense, after notice to the defendant and
   an opportunity to be heard, requiring that the defendant be tested for
   the presence of the etiologic agent for acquired immune deficiency
   syndrome, and that the results of the test be communicated to the
   victim and the defendant. Any test result of the defendant given to
   the victim or the defendant must be accompanied by appropriate
   counseling.



   (2) Showing required .-To obtain an order under paragraph (1), the
   victim must demonstrate that-



   (A) the defendant has been charged with the offense in a State or
   Federal court, and if the defendant has been arrested without a
   warrant, a probable cause determination has been made;



   (B) the test for the etiologic agent for acquired immune deficiency
   syndrome is requested by the victim after appropriate counseling; and



   (C) the test would provide information necessary for the health of the
   victim of the alleged offense and the court determines that the
   alleged conduct of the defendant created a risk of transmission, as
   determined by the Centers for Disease Control, of the etiologic agent
   for acquired immune deficiency syndrome to the victim.



   (3) Follow-up testing .-The court may order follow-up tests and
   counseling under paragraph (b)(1) if the initial test was negative.
   Such follow-up tests and counseling shall be performed at the request
   of the victim on dates that occur six months and twelve months
   following the initial test.



   (4) Termination of testing requirements .-An order for follow-up
   testing under paragraph (3) shall be terminated if the person obtains
   an acquittal on, or dismissal of, all charges of the type referred to
   in subsection (a).



   (5) Confidentiality of test .-The results of any test ordered under
   this subsection shall be disclosed only to the victim or, where the
   court 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 medical professional, counselor, family member or
   sexual partner(s) the victim may have had since the attack. Any such
   individual to whom the test results are disclosed by the victim shall
   maintain the confidentiality of such information.



   (6) Disclosure of test results .-The court shall issue an order to
   prohibit the disclosure by the victim of the results of any test
   performed under this subsection to anyone other than those mentioned
   in paragraph (5). 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.



   (7) Contempt for disclosure .-Any person who discloses the results of
   a test in violation of this subsection may be held in contempt of
   court.



   (c) Penalties for Intentional Transmission of HIV .-Not later than 6
   months after the date of enactment of this Act, the United States
   Sentencing Commission shall conduct a study and prepare and submit to
   the committees on the Judiciary of the Senate and the House of
   Representatives 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.



   SEC. 40504. 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. 40505. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF
   FEDERAL BENEFITS.



   Section 3663 of title 18, United States Code, is amended by adding at
   the end the following new subsection:



   "(i)(1) A Federal agency shall immediately suspend all Federal
   benefits provided by the agency to the defendant, and shall terminate
   the defendant's eligibility for Federal benefits administered by that
   agency, upon receipt of a certified copy of a written judicial finding
   that the defendant is delinquent in making restitution in accordance
   with any schedule of payments or any requirement of immediate payment
   imposed under this section.



   "(2) Any written finding of delinquency described in paragraph (1)
   shall be made by a court, after a hearing, upon motion of the victim
   named in the order to receive the restitution or upon motion of the
   United States.



   "(3) A defendant found to be delinquent may subsequently seek a
   written finding from the court that the defendant has rectified the
   delinquency or that the defendant has made and will make good faith
   efforts to rectify the delinquency. The defendant's eligibility for
   Federal benefits shall be reinstated upon receipt by the agency of a
   certified copy of such a finding.



   "(4) In this subsection, "Federal benefit" means a grant, contract,
   loan, professional license, or commercial license provided by an
   agency of the United States.".



   SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.



   (a) Study .-The Attorney General, in consultation with the Secretary
   of Education, 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) and data
   collected under the Student Right- To-Know and Campus Security Act (20
   U.S.C. 1001 note; Public Law 101-542) and amendments made by that Act,
   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) in conjunction with the report produced by the Department of
   Education in coordination with institutions of education under the
   Student Right-To-Know and Campus Security Act (20 U.S.C. 1001 note;
   Public Law 101-542) and amendments made by that Act, 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, 1996.



   (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 Appropriations .-There are authorized to be
   appropriated to carry out the study required by this section-$ 200,000
   for fiscal year 1996.



   SEC. 40507. REPORT ON BATTERED WOMEN'S SYNDROME.



   (a) Report .-Not less than 1 year after the date of enactment of this
   Act, the Attorney General and the Secretary of Health and Human
   Services shall transmit to the House Committee on Energy and Commerce,
   the Senate Committee on Labor and Human Resources, and the Committees
   on the Judiciary of the Senate and the House of Representatives a
   report on the medical and psychological basis of "battered women's
   syndrome" and on the extent to which evidence of the syndrome has been
   considered in criminal trials.



   (b) Components .-The report under subsection (a) shall include-



   (1) medical and psychological testimony on the validity of battered
   women's syndrome as a psychological condition; [*H8814]



   (2) a compilation of State, tribal, and Federal court cases in which
   evidence of battered women's syndrome was offered in criminal trials;
   and



   (3) an assessment by State, tribal, and Federal judges, prosecutors,
   and defense attorneys of the effects that evidence of battered women's
   syndrome may have in criminal trials.



   SEC. 40508. 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. 40509. 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.



   Subtitle F-National Stalker and Domestic Violence Reduction



   SEC. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION
   DATABASES.



   (a) Access and Entry .-Section 534 of title 28, United States Code, is
   amended by adding at the end the following:



   "(e)(1) Information from national crime information databases
   consisting of identification records, criminal history records,
   protection orders, and wanted person records may be disseminated to
   civil or criminal courts for use in domestic violence or stalking
   cases. Nothing in this subsection shall be construed to permit access
   to such records for any other purpose.



   "(2) Federal and State criminal justice agencies authorized to enter
   information into criminal information databases may include-



   "(A) arrests, convictions, and arrest warrants for stalking or
   domestic violence or for violations of protection orders for the
   protection of parties from stalking or domestic violence; and



   "(B) protection orders for the protection of persons from stalking or
   domestic violence, provided such orders are subject to periodic
   verification.



   "(3) As used in this subsection-



   "(A) the term 'national crime information databases' means the
   National Crime Information Center and its incorporated criminal
   history databases, including the Interstate Identification Index; and



   "(B) the term 'protection order' includes an injunction or any 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 or 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.".



   (b) Rulemaking .-The Attorney General may make rules to carry out the
   subsection added to section 534 of title 28, United States Code, by
   subsection (a), after consultation with the officials charged with
   managing the National Crime Information Center and the Criminal
   Justice Information Services Advisory Policy Board.



   SEC. 40602. GRANT PROGRAM.



   (a) In General .-The Attorney General is authorized to provide grants
   to States and units of local government to improve processes for
   entering data regarding stalking and domestic violence into local,
   State, and national crime information databases.



   (b) Eligibility .-To be eligible to receive a grant under subsection
   (a), a State or unit of local government shall certify that it has or
   intends to establish a program that enters into the National Crime
   Information Center records of-



   (1) warrants for the arrest of persons violating protection orders
   intended to protect victims from stalking or domestic violence;



   (2) arrests or convictions of persons violating protection or domestic
   violence; and



   (3) protection orders for the protection of persons from stalking or
   domestic violence.



   SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.



   There are authorized to be appropriated to carry out this subtitle-



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



   (2) $ 1,750,000 for fiscal year 1997; and



   (3) $ 2,750,000 for fiscal year 1998.



   SEC. 40604. APPLICATION REQUIREMENTS.



   An application for a grant under this subtitle shall be submitted in
   such form and manner, and contain such information, as the Attorney
   General may prescribe. In addition, applications shall include
   documentation showing-



   (1) the need for grant funds and that State or local funding, as the
   case may be, does not already cover these operations;



   (2) intended use of the grant funds, including a plan of action to
   increase record input; and



   (3) an estimate of expected results from the use of the grant funds.



   SEC. 40605. DISBURSEMENT.



   Not later than 90 days after the receipt of an application under this
   subtitle, the Attorney General shall either provide grant funds or
   shall inform the applicant why grant funds are not being provided.



   SEC. 40606. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATIONS.



   The Attorney General may provide technical assistance and training in
   furtherance of the purposes of this subtitle, and may provide for the
   evaluation of programs that receive funds under this subtitle, in
   addition to any evaluation requirements that the Attorney General may
   prescribe for grantees. The technical assistance, training, and
   evaluations authorized by this section may be carried out directly by
   the Attorney General, or through contracts or other arrangements with
   other entities.



   SEC. 40607. TRAINING PROGRAMS FOR JUDGES.



   The State Justice Institute, after consultation with nationally
   recognized nonprofit organizations with expertise in stalking and
   domestic violence cases, shall conduct training programs for State (as
   defined in section 202 of the State Justice Institute Authorization
   Act of 1984 (42 U.S.C. 10701)) and Indian



   tribal judges to ensure that a judge issuing an order in a stalking or
   domestic violence case has all available criminal history and other
   information, whether from State or Federal sources.



   SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.



   The State Justice Institute, after consultation with nationally
   recognized nonprofit associations with expertise in data sharing among
   criminal justice agencies and familiarity with the issues raised in
   stalking and domestic violence cases, shall recommend proposals
   regarding how State courts may increase intrastate communication
   between civil and criminal courts.



   SEC. 40609. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING SYSTEM.



   Not later than 2 years after the date of enactment of this Act, the
   Attorney General, in accordance with the States, shall compile data
   regarding domestic violence and intimidation (including stalking) as
   part of the National Incident-Based Reporting System (NIBRS).



   SEC. 40610. REPORT TO CONGRESS.



   The Attorney General shall submit to the Congress an annual report,
   beginning one year after the date of the enactment of this Act, that
   provides information concerning the incidence of stalking and domestic
   violence, and evaluates the effectiveness of State antistalking
   efforts and legislation.



   SEC. 40611. DEFINITIONS.



   As used in this subtitle-



   (1) the term "national crime information databases" refers to the
   National Crime Information Center and its incorporated criminal
   history databases, including the Interstate Identification Index; and



   (2) the term "protection order" includes an injunction or any 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 or 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.



   Subtitle G-Protections for Battered Immigrant Women and Children



   SEC. 40701. ALIEN PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND
   PREFERENCE STATUS.



   (a) In General .-Section 204(a)(1) of the Immigration and Nationality
   Act (8 U.S.C. 1154(a)(1)) is amended-



   (1) in subparagraph (A)-



   (A) by inserting "(i)" after "(A)",



   (B) by redesignating the second sentence as clause (ii), and



   (C) by adding at the end the following new clauses:



   "(iii) An alien who is the spouse of a citizen of the United States,
   who is a person of good moral character, who is eligible to be
   classified as an immediate relative under section 201(b)(2)(A)(i), and
   who has resided in the United States with the alien's spouse may file
   a petition with the Attorney General under this subparagraph for
   classification of the alien (and any child of the alien if such a
   child has not been classified under clause (iv)) under such section if
   the alien demonstrates to the Attorney General that-



   "(I) the alien is residing in the United States, the marriage between
   the alien and the spouse was entered into in good faith by the alien,
   and during the marriage the alien or a child of the alien has been
   battered by or has been the subject of extreme cruelty perpetrated by
   the alien's spouse; and



   "(II) the alien is a person whose deportation, in the opinion of the
   Attorney General, would result in extreme hardship to the alien or a
   child of the alien.



   "(iv) An alien who is the child of a citizen of the United States, who
   is a person of good moral [*H8815] character, who is eligible to be
   classified as an immediate relative under section 201(b)(2)(A)(i), and
   who has resided in the United States with the citizen parent may file
   a petition with the Attorney General under this subparagraph for
   classification of the alien under such section if the alien
   demonstrates to the Attorney General that-



   "(I) the alien is residing in the United States and during the period
   of residence with the citizen parent the alien has been battered by or
   has been the subject of extreme cruelty perpetrated by the alien's
   citizen parent; and



   "(II) the alien is a person whose deportation, in the opinion of the
   Attorney General, would result in extreme hardship to the alien.";



   (2) in subparagraph (B)-



   (A) by inserting "(i)" after "(B)"; and



   (B) by adding at the end the following new clauses:



   "(ii) An alien who is the spouse of an alien lawfully admitted for
   permanent residence, who is a person of good moral character, who is
   eligible for classification under section 203(a)(2)(A), and who has
   resided in the United States with the alien's legal permanent resident
   spouse may file a petition with the Attorney General under this
   subparagraph for classification of the alien (and any child of the
   alien if such a child has not been classified under clause (iii))
   under such section if the alien demonstrates to the Attorney General
   that the conditions described in subclauses (I) and (II) of
   subparagraph (A)(iii) are met with respect to the alien.



   "(iii) An alien who is the child of an alien lawfully admitted for
   permanent residence, who is a person of good moral character, who is
   eligible for classification under section 203(a)(2)(A), and who has
   resided in the United States with the alien's permanent resident alien
   parent may file a petition with the Attorney General under this
   subparagraph for classification of the alien



   under such section if the alien demonstrates to the Attorney General
   that-



   "(I) the alien is residing in the United States and during the period
   of residence with the permanent resident parent the alien has been
   battered by or has been the subject of extreme cruelty perpetrated by
   the alien's permanent resident parent; and



   "(II) the alien is a person whose deportation, in the opinion of the
   Attorney General, would result in extreme hardship to the alien."; and




   (3) by adding at the end the following new subparagraph:



   "(H) In acting on petitions filed under clause (iii) or (iv) of
   subparagraph (A) or clause (ii) or (iii) of subparagraph (B), the
   Attorney General shall consider any credible evidence relevant to the
   petition. The determination of what evidence is credible and the
   weight to be given that evidence shall be within the sole discretion
   of the Attorney General.".



   (b) Conforming Amendments .-(1) Section 204(a)(2) of the Immigration
   and Nationality Act (8 U.S.C. 1154(a)(2)) is amended-



   (A) in subparagraph (A) by striking "filed by an alien who," and
   inserting "for the classification of the spouse of an alien if the
   alien, "; and



   (B) in subparagraph (B) by striking "by an alien whose prior marriage"
   and inserting "for the classification of the spouse of an alien if the
   prior marriage of the alien".



   (2) Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
   U.S.C. 1151(b)(2)(A)(i)) is amended by striking "204(a)(1)(A)" and
   inserting "204(a)(1)(A)(ii)".



   (c) Survival Rights To Petition .-Section 204 of the Immigration and
   Nationality Act (8 U.S.C. 1154) is amended by adding at the end the
   following new subsection: "(h) The legal termination of a marriage may
   not be the sole basis for revocation under section 205 of a petition
   filed under subsection (a)(1)(A)(iii) or a petition filed under
   subsection (a)(1)(B)(ii) pursuant to conditions described in
   subsection (a)(1)(A)(iii)(I).".



   (d) Effective Date .-The amendments made by this section shall take
   effect January 1, 1995.



   SEC. 40702. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER APPLICATIONS.



   (a) In General .-Section 216(c)(4) of the Immigration and Nationality
   Act (8 U.S.C. 1186a(c)(4)) is amended by inserting after the second
   sentence the following: "In acting on applications under this
   paragraph, the Attorney General shall consider any credible evidence
   relevant to the application. The determination of what evidence is
   credible and the weight to be given that evidence shall be within the
   sole discretion of the Attorney General.".



   (b) Effective Date .-The amendment made by subsection (a) shall take
   effect on the date of enactment of this Act and shall apply to
   applications made



   before, on, or after such date.



   SEC. 40703. SUSPENSION OF DEPORTATION.



   (a) Battered Spouse or Child .-Section 244(a) of the Immigration and
   Nationality Act (8 U.S.C. 1254(a)) is amended-



   (1) by striking "or" at the end of paragraph (1);



   (2) by striking the period at the end of paragraph (2) and inserting
   "; or"; and



   (3) by inserting after paragraph (2) the following:



   "(3) is deportable under any law of the United States except section
   241(a)(1)(G) and the provisions specified in paragraph (2); has been
   physically present in the United States for a continuous period of not
   less than 3 years immediately preceding the date of such application;
   has been battered or subjected to extreme cruelty in the United States
   by a spouse or parent who is a United States citizen or lawful
   permanent resident (or is the parent of a child of a United States
   citizen or lawful permanent resident and the child has been battered
   or subjected to extreme cruelty in the United States by such citizen
   or permanent resident parent); and proves that during all of such time
   in the United States the alien was and is a person of good moral
   character; and is a person whose deportation would, in the opinion of
   the Attorney General, result in extreme hardship to the alien or the
   alien's parent or child.".



   (b) Consideration of Evidence .-Section 244 of the Immigration and
   Nationality Act (8 U.S.C. 1254) is amended by adding at the end the
   following new subsection:



   "(g) In acting on applications under subsection (a)(3), the Attorney
   General shall consider any credible evidence relevant to the
   application. The determination of what evidence is credible and the
   weight to be given that evidence shall be within the sole discretion
   of the Attorney General.".