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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.
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