SEC. 40201. SHORT TITLE.
This title may be cited as the `Safe Homes for Women Act of 1994'.
CHAPTER 1--NATIONAL DOMESTIC VIOLENCE
HOTLINE
SEC. 40211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE
HOTLINE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401
et seq.) is amended by adding at the end the following new section:
`SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
`(a) IN GENERAL- The Secretary may award a grant to a private,
nonprofit entity to provide for the operation of a national, toll-free
telephone hotline to provide information and assistance to victims
of domestic violence.
`(b) DURATION- A grant under this section may extend over a period
of not more than 5 years.
`(c) ANNUAL APPROVAL- The provision of payments under a grant under
this section shall be subject to annual approval by the Secretary
and subject to the availability of appropriations for each fiscal
year to make the payments.
`(d) ACTIVITIES- Funds received by an entity under this section
shall be used to establish and operate a national, toll-free telephone
hotline to provide information and assistance to victims of domestic
violence. In establishing and operating the hotline, a private,
nonprofit entity shall--
`(1) contract with a carrier for the use of a toll-free telephone
line;
`(2) employ, train, and supervise personnel to answer incoming
calls and provide counseling and referral services to callers on
a 24-hour-a-day basis;
`(3) assemble and maintain a current database of information relating
to services for victims of domestic violence to which callers may
be referred throughout the United States, including information
on the availability of shelters that serve battered women; and
`(4) publicize the hotline to potential users throughout the United
States.
`(e) APPLICATION- A grant may not be made under this section unless
an application for such grant has been approved by the Secretary.
To be approved by the Secretary under this subsection an application
shall--
`(1) contain such agreements, assurances, and information, be in
such form and be submitted in such manner as the Secretary shall
prescribe through notice in the Federal Register;
`(2) include a complete description of the applicant's plan for
the operation of a national domestic violence hotline, including
descriptions of--
`(A) the training program for hotline personnel;
`(B) the hiring criteria for hotline personnel;
`(C) the methods for the creation, maintenance and updating of
a resource database;
`(D) a plan for publicizing the availability of the hotline;
`(E) a plan for providing service to non-English speaking callers,
including hotline personnel who speak Spanish; and
`(F) a plan for facilitating access to the hotline by persons with
hearing impairments;
`(3) demonstrate that the applicant has nationally recognized expertise
in the area of domestic violence and a record of high quality service
to victims of domestic violence, including a demonstration of support
from advocacy groups, such as domestic violence State coalitions
or recognized national domestic violence groups;
`(4) demonstrates that the applicant has a commitment to diversity,
and to the provision of services to ethnic, racial, and non-English
speaking minorities, in addition to older individuals and individuals
with disabilities; and
`(5) contain such other information as the Secretary may require.
`(f) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- There are authorized to be appropriated to carry
out this section--
`(A) $1,000,000 for fiscal year 1995;
`(B) $400,000 for fiscal year 1996;
`(C) $400,000 for fiscal year 1997;
`(D) $400,000 for fiscal year 1998;
`(E) $400,000 for fiscal year 1999; and
`(F) $400,000 for fiscal year 2000.
`(2) AVAILABILITY- Funds authorized to be appropriated under paragraph
(1) shall remain available until expended.'.
CHAPTER 2--INTERSTATE ENFORCEMENT
SEC. 40221. INTERSTATE ENFORCEMENT.
(a) IN GENERAL- Part 1 of title 18, United States Code, is amended
by 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.
`Sec. 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 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.
`Sec. 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.
`Sec. 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.
`Sec. 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. `Sec.
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--
`(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.
`Sec. 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:
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 findin 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'.
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 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.
CHAPTER 8--CONFIDENTIALITY FOR ABUSED
PERSONS
SEC. 40281. CONFIDENTIALITY OF ABUSED PERSON'S
ADDRESS.
(a) REGULATIONS- Not later than 90 days after the date of enactment
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 require--
(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. |