
*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 * 
*PERSONAL PHYSICIAN OR SEXUAL PARTNER(S) SHE MAY HAVE HAD SINCE THE      * 
*ATTACK.                                                                 * 
*  (E) DISCLOSURE OF TEST RESULTS.-THE COURT SHALL ISSUE AN ORDER TO     * 
*PROHIBIT THE DISCLOSURE OF THE RESULTS OF ANY TEST PERFORMED UNDER THIS * 
*SECTION TO ANYONE OTHER THAN THOSE MENTIONED IN SUBSECTION (C). 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.                                                         * 
*  (F) CONTEMPT FOR DISCLOSURE.-ANY PERSON WHO DISCLOSES THE RESULTS OF A* 
*TEST IN VIOLATION OF THIS SECTION MAY BE HELD IN CONTEMPT OF COURT.     * 
*  (G) PENALTIES FOR INTENTIONAL TRANSMISSION OF HIV.-NOT LATER THAN 6   * 
*MONTHS AFTER THE DATE OF ENACTMENT OF THIS SECTION, THE UNITED STATES   * 
*SENTENCING COMMISSION SHALL CONDUCT A STUDY AND PREPARE AND SUBMIT TO   * 
*THE APPROPRIATE COMMITTEES OF CONGRESS 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.                 * 
*  (H) AUTHORIZATION OF APPROPRIATIONS.-THERE IS AUTHORIZED TO BE        * 
*APPROPRIATED SUCH SUMS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF * 
*THIS SECTION.                                                           * 
*SEC. 3704. 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. 3705. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF      * 
*FEDERAL BENEFITS.                                                       * 
*  Section 3663 of title 18, United States Code, is amended-             * 
*      (1) by redesignating subsections (g) and (h) as subsections (h)   * 
*    and (i), respectively; and                                          * 
*      (2) by inserting after subsection (f) the following new           * 
*    subsection:                                                         * 
*  "(g)(1) If the defendant is delinquent in making restitution in       * 
*accordance with any schedule of payments or any requirement of immediate* 
*payment imposed under this section, the court may, after a hearing,     * 
*suspend the defendant's eligibility for all Federal benefits until such * 
*time as the defendant demonstrates to the court good-faith efforts to   * 
*return to such schedule.                                                * 
*  "(2) In this subsection-                                              * 
*      "(A) 'Federal benefits'-                                          * 
*          "(i) means any grant, contract, loan, professional license, or* 
*        commercial license provided by an agency of the United States or* 
*        appropriated funds of the United States; and                    * 
*          "(ii) does not include any retirement, welfare, Social        *
*        Security, health, disability, veterans benefit, public housing, * 
*        or other similar benefit, or any other benefit for which        * 
*        payments or services are required for eligibility.              * 
*      "(B) 'veterans benefit' means all benefits provided to veterans,  * 
*    their families, or survivors by virtue of the service of a veteran  * 
*    in the Armed Forces of the United States.".                         * 
*SEC. 3706. INADMISSIBILITY OF EVIDENCE TO SHOW PROVOCATION OR INVITATION* 
*BY VICTIM IN SEX OFFENSE CASES.                                         * 
*  (a) RULE.-THE FEDERAL RULES OF EVIDENCE, AS AMENDED BY SECTION 3254,  * 
*ARE AMENDED BY ADDING AFTER RULE 413 THE FOLLOWING NEW RULE:            * 
*"Rule 414.  Inadmissibility of Evidence to Show Invitation or           * 
*Provocation by Victim in Sexual Abuse Cases                             * 
*  "In a criminal case in which a person is accused of an offense        * 
*involving conduct proscribed by chapter 109A of title 18, United States * 
*Code, evidence is not admissible to show that the alleged victim invited* 
*or provoked the commission of the offense.  This rule does not limit the* 
*admission of evidence of consent by the alleged victim if the issue of  * 
*consent is relevant to liability and the evidence is otherwise          * 
*admissible under these rules.".                                         * 
*  (b) TECHNICAL AMENDMENT.-THE TABLE OF CONTENTS FOR THE FEDERAL RULES  * 
*OF EVIDENCE, AS AMENDED BY SECTION 4, IS AMENDED BY INSERTING AFTER THE * 
*ITEM RELATING TO RULE 413 THE FOLLOWING NEW ITEM:                       * 
*"414. Inadmissibility of evidence to show invitation or provocation by  * 
*victim in sexual abuse cases.".                                         * 
*SEC. 3707. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.            * 
*  (a) STUDY.-THE ATTORNEY GENERAL 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), 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) 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, 1995.           * 
*  (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 APPROPRIATION.-THERE IS AUTHORIZED TO BE         * 
*APPROPRIATED $200,000 TO CARRY OUT THE STUDY REQUIRED BY THIS SECTION.  * 
*SEC. 3708. REPORT ON BATTERED WOMEN'S SYNDROME.                         * 
*  (a) REPORT.-THE ATTORNEY GENERAL SHALL PREPARE AND TRANSMIT TO THE    * 
*CONGRESS A REPORT ON THE STATUS OF BATTERED WOMEN'S SYNDROME AS A       * 
*MEDICAL AND PSYCHOLOGICAL CONDITION AND ON ITS EFFECT IN CRIMINAL       * 
*TRIALS.  THE ATTORNEY GENERAL MAY UTILIZE THE NATIONAL INSTITUTE OF     * 
*JUSTICE TO OBTAIN INFORMATION REQUIRED FOR THE PREPARATION OF THE       * 
*REPORT.                                                                 * 
*  (B) COMPONENTS OF REPORT.-THE REPORT DESCRIBED IN SUBSECTION (A) SHALL* 
*INCLUDE-                                                                * 
*      (1) A REVIEW OF MEDICAL AND PSYCHOLOGICAL VIEWS CONCERNING THE    * 
*    EXISTENCE, NATURE, AND EFFECTS OF BATTERED WOMEN'S SYNDROME AS A    * 
*    PSYCHOLOGICAL CONDITION;                                            * 
*      (2) A COMPILATION OF JUDICIAL DECISIONS THAT HAVE ADMITTED OR     * 
*    EXCLUDED EVIDENCE OF BATTERED WOMEN'S SYNDROME AS EVIDENCE OF GUILT * 
*    OR AS A DEFENSE IN CRIMINAL TRIALS; AND                             * 
*      (3) INFORMATION ON THE VIEWS OF JUDGES, PROSECUTORS, AND DEFENSE  * 
*    ATTORNEYS CONCERNING THE EFFECTS THAT EVIDENCE OF BATTERED WOMEN'S  * 
*    SYNDROME MAY HAVE IN CRIMINAL TRIALS.                               *
*SEC. 3709.  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. 3710.  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.           * 
*SEC. 3711. REPORT ON FAIR TREATMENT IN LEGAL PROCEEDINGS.               * 
*  Not later than 180 days after the date of enactment of this Act, the  * 
*Judicial Conference of the United States shall review and make          * 
*recommendations, and report to Congress, regarding the advisability of  * 
*creating Federal rules of professional conduct for lawyers in Federal   * 
*cases involving sexual misconduct that-                                 * 
*      (1) protect litigants from a course of conduct intended solely for* 
*    the purpose of distressing, harassing, embarrassing, burdening, or  * 
*    inconveniencing litigants;                                          * 
*      (2) counsel against reliance on generalizations or stereotypes    * 
*    that demean, disgrace, or humiliate on the basis of gender;         * 
*      (3) protect litigants from a course of conduct intended solely to * 
*    increase the expense of litigation; and                             * 
*      (4) prohibit counsel from offering evidence that the lawyer knows * 
*    to be false or from discrediting evidence the lawyer knows to be    * 
*    true.                                                               * 
*SEC. 3712. REPORT ON FEDERAL RULE OF EVIDENCE 404.                      * 
*  (a) STUDY.-NOT LATER THAN 180 DAYS AFTER THE DATE OF ENACTMENT OF THIS* 
*ACT, THE JUDICIAL CONFERENCE SHALL COMPLETE A STUDY OF, AND SHALL SUBMIT* 
*TO CONGRESS RECOMMENDATIONS FOR AMENDING, RULE 404 OF THE FEDERAL RULES * 
*OF EVIDENCE AS IT AFFECTS THE ADMISSION OF EVIDENCE OF A DEFENDANT'S    * 
*PRIOR SEX CRIMES IN CASES BROUGHT PURSUANT TO CHAPTER 109A OR OTHER     * 
*CASES INVOLVING SEXUAL MISCONDUCT.                                      * 
*  (B) SPECIFIC ISSUES.-THE STUDY DESCRIBED IN SUBSECTION (A) SHALL      *
*INCLUDE-                                                                * 
*      (1) A SURVEY OF EXISTING LAW ON THE INTRODUCTION OF PRIOR SIMILAR * 
*    SEX CRIMES UNDER STATE AND FEDERAL EVIDENTIARY RULES;               * 
*      (2) A RECOMMENDATION CONCERNING WHETHER RULE 404 SHOULD BE AMENDED* 
*    TO INTRODUCE EVIDENCE OF PRIOR SEX CRIMES AND, IF SO-               * 
*          (A) WHETHER SUCH ACTS COULD BE USED TO PROVE THE DEFENDANT'S  * 
*        PROPENSITY TO ACT THEREWITH; AND                                * 
*          (B) WHETHER EVIDENCE OF PRIOR SIMILAR SEX CRIMES SHOULD BE    * 
*        ADMITTED FOR PURPOSES OTHER THAN TO SHOW CHARACTER;             * 
*      (3) A RECOMMENDATION CONCERNING WHETHER EVIDENCE OF SIMILAR ACTS, * 
*    IF ADMITTED, SHOULD MEET A THRESHOLD OF SIMILARITY TO THE CRIME     * 
*    CHARGED;                                                            * 
*      (4) A RECOMMENDATION CONCERNING WHETHER EVIDENCE OF SIMILAR ACTS, * 
*    IF ADMITTED, SHOULD BE LIMITED TO A CERTAIN TIME PERIOD, (SUCH AS 10* 
*    YEARS); AND                                                         * 
*      (5) THE EFFECT, IF ANY, OF THE ADOPTION OF ANY PROPOSED CHANGES ON* 
*    THE ADMISSIBILITY OF EVIDENCE UNDER RULE 412 OF THE FEDERAL RULES OF* 
*    EVIDENCE.                                                           * 
*SEC. 3713. SUPPLEMENTARY GRANTS FOR STATES ADOPTING EFFECTIVE LAWS      * 
*RELATING TO SEXUAL VIOLENCE.                                            * 
*  (a) IN GENERAL.-THE ATTORNEY GENERAL MAY, IN EACH FISCAL YEAR, AWARD  * 
*AN AGGREGATE AMOUNT OF UP TO $1,000,000 TO A STATE THAT MEETS THE       * 
*ELIGIBILITY REQUIREMENTS OF SUBSECTION (B).                             * 
*  (B) ELIGIBILITY.-THE AUTHORITY TO AWARD ADDITIONAL FUNDING UNDER THIS * 
*SECTION IS CONDITIONAL ON CERTIFICATION BY THE ATTORNEY GENERAL THAT THE* 
*STATE HAS LAWS OR POLICIES RELATING TO SEXUAL VIOLENCE THAT EXCEED OR   * 
*ARE REASONABLY COMPARABLE TO THE PROVISIONS OF FEDERAL LAW (INCLUDING   * 
*CHANGES IN FEDERAL LAW MADE BY THIS ACT) IN THE FOLLOWING AREAS:        * 
*      (1) PROVISION OF TRAINING AND POLICY DEVELOPMENT PROGRAMS FOR LAW * 
*    ENFORCEMENT OFFICERS, PROSECUTORS, AND JUDGES CONCERNING THE        * 
*    INVESTIGATION AND PROSECUTION OF SEXUAL OFFENSES.                   * 
*      (2)  AUTHORIZATION OF LAW ENFORCEMENT AND PROSECUTORIAL UNITS AND * 
*    TEAMS THAT TARGET SEXUAL VIOLENCE.                                  * 
*      (3) FUNDING OF VICTIM SERVICES PROGRAMS FOR VICTIMS OF SEXUAL     * 
*    VIOLENCE.                                                           * 
*      (4) AUTHORIZATION OF EDUCATIONAL AND INFORMATIONAL PROGRAMS       * 
*    RELATING TO SEXUAL VIOLENCE.                                        * 
*      (5) AUTHORIZATION OF PRETRIAL DETENTION OF DEFENDANTS IN SEXUAL   * 
*    ASSAULT CASES WHERE PROVISION OF FLIGHT OR THE SAFETY OF OTHERS     * 
*    CANNOT BE REASONABLY ASSURED BY OTHER MEANS.                        * 
*      (6) AUTHORIZATION OF SERIOUS PENALTIES FOR NONCONSENSUAL SEXUAL   * 
*    ASSAULT OFFENSES.                                                   * 
*      (7) PAYMENT OF THE COST OF MEDICAL EXAMINATIONS AND TESTING BY THE* 
*    VICTIM FOR SEXUALLY TRANSMITTED DISEASES.                           * 
*      (8) PROVISION OF RAPE SHIELD PROTECTION TO ENSURE THAT VICTIMS OF * 
*    SEXUAL ASSAULT ARE PROTECTED FROM INQUIRY INTO UNRELATED SEXUAL     * 
*    BEHAVIOR IN SEXUAL ASSAULT CASES.                                   * 
*      (9) PROVISION OF RULES OF PROFESSIONAL CONDUCT INTENDED TO PROTECT* 
*    AGAINST A COURSE OF CONDUCT INTENDED SOLELY FOR THE PURPOSE OF      * 
*    DISTRESSING, HARASSING, EMBARRASSING, BURDENING, OR INCONVENIENCING * 
*    LITIGANTS IN SEXUAL ASSAULT CASES.                                  * 
*      (10) AUTHORIZATION OF THE PRESENCE OF THE VICTIM IN THE COURTROOM * 
*    AT THE TIME OF TRIAL AND PROVIDES FOR THE VICTIM'S ADDRESSING THE   * 
*    COURT CONCERNING THE SENTENCE TO BE IMPOSED.                        * 
*      (11) AUTHORIZATION OF AWARDS OF RESTITUTION TO VICTIMS OF SEXUAL  *
*    ASSAULTS AS PART OF A CRIMINAL SENTENCE.                            * 
*  (C) AUTHORIZATION OF APPROPRIATIONS.-THERE ARE AUTHORIZED TO BE       * 
*APPROPRIATED FOR EACH FISCAL YEAR SUCH SUMS AS ARE NECESSARY TO CARRY   * 
*OUT THIS SECTION.                                                       * 
   *TITLE XXXVIII-ENHANCED PENALTIES FOR ANTI-FRAUD ENFORCEMENT EFFORTS  * 
*SEC. 3801. SHORT TITLE.                                                 * 
*  (a) SHORT TITLE.-THIS TITLE MAY BE CITED AS THE "NATIONAL HEALTH CARE * 
*ANTI-FRAUD AND ABUSE ACT OF 1993".                                      * 
                  *Subtitle A-Amendments to Criminal Law                 * 
*SEC. 3811. HEALTH CARE FRAUD.                                           * 
*  (a) IN GENERAL.-                                                      * 
*      (1) FINES AND IMPRISONMENT FOR HEALTH CARE FRAUD                  * 
*    VIOLATIONS.-Chapter 63 of title 18, United States Code, is amended  * 
*    by adding at the end the following:                                 * 
*"1347. Health care fraud                                                * 
*  "(a) Whoever knowingly executes, or attempts to execute, a scheme or  * 
*artifice-                                                               * 
*      "(1) to defraud any health care plan or other person, in          * 
*    connection with the delivery of or payment for health care benefits,* 
*    items, or services; or                                              * 
*      "(2) to obtain, by means of false or fraudulent pretenses,        * 
*    representations, or promises, any of the money or property owned by,* 
*    or under the custody or control of, any health care plan, or person * 
*    in connection with the delivery of or payment for health care       * 
*    benefits, items, or services;                                       * 
*shall be fined under this title or imprisoned not more than 10 years, or* 
*both.  If the violation results in serious bodily injury (as defined in * 
*section 1365(g)(3) of this title), such person shall be imprisoned for  * 
*life or any term of years.                                              * 
*  "(b) For purposes of this section, the term 'health care plan' means a* 
*federally funded public program or private program for the delivery of  * 
*or payment for health care items or services.".                         * 
*      (2) CLERICAL AMENDMENT.-THE TABLE OF SECTIONS AT THE BEGINNING OF * 
*    CHAPTER 63 OF TITLE 18, UNITED STATES CODE, IS AMENDED BY ADDING AT * 
*    THE END THE FOLLOWING:                                              * 
*"1347. Health care fraud.".                                             * 
*SEC. 3812. FORFEITURES FOR FEDERAL HEALTH CARE OFFENSES.                * 
*  Section 982(a) of title 18, United States Code, is amended by         * 
*inserting after paragraph (5) the following:                            * 
*  "(6)(A) If the court determines that a Federal health care offense is * 
*of a type that poses a serious threat to the health of any person or has* 
*a significant detrimental impact on the health care system, the court,  * 
*in imposing sentence on a person convicted of that offense, shall order * 
*that person to forfeit property, real or personal, that-                * 
*      "(i)(I) is used in the commission of the offense; or              * 
*      "(II) constitutes or is derived from proceeds traceable to the    * 
*    commission of the offense; and                                      * 
*      "(ii) is of a value proportionate to the seriousness of the       * 
*    offense.".                                                          * 
*  "(B) For purposes of this paragraph, the term 'Federal health care    * 
*offense' means a violation of, or a criminal conspiracy to violate-     * 
*          "(i) section 1347 of this title;                              * 
*          "(ii) section 1128B of the Social Security Act;               * 
*          "(iii) sections 287, 371, 664, 666, 1001, 1027, 1341, 1343, or* 
*        1954 of this title if the violation or conspiracy relates to    *
*        health care fraud;                                              * 
*          "(iv) section 501 or 511 of the Employee Retirement Income    * 
*        Security Act of 1974, if the violation or conspiracy relates to * 
*        health care fraud; and                                          * 
*          "(v) section 301, 303(a)(2), or 303 (b) or (e) of the Federal * 
*        Food, Drug and Cosmetic Act, if the violation or conspiracy     * 
*        relates to health care fraud.".                                 * 
*SEC. 3813. INJUNCTIVE RELIEF RELATING TO FEDERAL HEALTH CARE OFFENSES.  * 
*  Section 1345(a)(1) of title 18, United States Code, is amended-       * 
*      (1) by striking "or" at the end of subparagraph (A);              * 
*      (2) by inserting "or" at the end of subparagraph (B); and         * 
*      (3) by adding at the end the following:                           * 
*          "(C) committing or about to commit a Federal health care      * 
*        offense (as defined in section 982(a)(6)(B) of this title);".   * 
*SEC. 3814. RACKETEERING ACTIVITY RELATING TO FEDERAL HEALTH CARE        * 
*OFFENSES.                                                               * 
*  Section 1961 of title 18, United States Code, is amended by inserting * 
*"section 982(a)(6) (relating to Federal health care offenses)," after   * 
*"sections 891-894 (relating to extortionate credit transactions),".     * 
             *Subtitle E-Amendments to Civil False Claims Act            * 
*SEC. 3821. AMENDMENTS TO CIVIL FALSE CLAIMS ACT.                        * 
*  Section 3729 of title 31, United States Code, is amended-             * 
*      (1) in subsection (a)(7), by inserting "or to a health care plan,"* 
*    after "property to the Government,";                                * 
*      (2) in the matter following subsection (a)(7), by inserting "or   * 
*    health care plan" before "sustains because of the act of that       * 
*    person,";                                                           * 
*      (3) at the end of the first sentence of subsection (a), by        * 
*    inserting "or health care plan" before "sustains because of the act * 
*    of the person.";                                                    * 
*      (4) in subsection (c)-                                            * 
*          (A) by inserting "the term" after "section,"; and             * 
*          (B) by adding at the end the following: "The term also        * 
*        includes any request or demand, whether under contract or       * 
*        otherwise, for money or property which is made or presented to a* 
*        health care plan."; and                                         * 
*      (5) by adding at the end the following:                           * 
*  "(f) HEALTH CARE PLAN DEFINED.-FOR PURPOSES OF THIS SECTION, THE TERM * 
*'HEALTH CARE PLAN' MEANS A FEDERALLY FUNDED PUBLIC PROGRAM FOR THE      * 
*DELIVERY OF OR PAYMENT FOR HEALTH CARE ITEMS OR SERVICES.".             * 
           *TITLE XXXIX-SENIOR CITIZENS AGAINST MARKETING SCAMS          * 
*SEC 3901. SHORT TITLE.                                                  * 
*  This Act may be cited as the "Senior Citizens Against Marketing Scams * 
*Act of 1993".                                                           * 
*SEC. 3902. FINDINGS AND DECLARATION.                                    * 
*  The Congress makes the following findings and declaration:            * 
*      (1) Unprecedented Federal law enforcement investigations have     * 
*    uncovered a national network of illicit telemarketing operations.   * 
*      (2) Most of the telemarketing industry is legitimate, employing   * 
*    over 3,000,000 people through direct and indirect means.            * 
*      (3) Illicit telemarketers, however, are an increasing problem     * 
*    which victimizes our Nation's senior citizens in disproportionate   * 
*    numbers.                                                            * 
*      (4) Interstate telemarketing fraud has become a problem of such   * 
*    magnitude that the resources of the Department of Justice are not   *
*    sufficient to ensure that there is adequate investigation of, and   * 
*    protection from, such fraud.                                        * 
*      (5) Telemarketing differs from other sales activities in that it  * 
*    can be carried out by sellers across State lines without direct     * 
*    contact. Telemarketers can also be very mobile, easily moving from  * 
*    State to State.                                                     * 
*      (6) It is estimated that victims lose billions of dollars a year  * 
*    as a result of telemarketing fraud.                                 * 
*      (7) Consequently, Congress should enact legislation that will-    * 
*          (A) enhance Federal law enforcement resources;                * 
*          (B) ensure adequate punishment for telemarketing fraud; and   * 
*          (C) educate the public.                                       * 
*SEC. 3903. ENHANCED PENALTIES FOR TELEMARKETING FRAUD.                  * 
*  (a) OFFENSE.-PART I OF TITLE 18, UNITED STATES CODE, IS AMENDED-      * 
*      (1) BY REDESIGNATING CHAPTER 113A AS CHAPTER 113B; AND            * 
*      (2) BY INSERTING AFTER CHAPTER 113 THE FOLLOWING NEW CHAPTER:     * 
                    *"CHAPTER 113A-TELEMARKETING FRAUD                   * 
*"Sec.                                                                   * 
*"2325. Definition.                                                      * 
*"2326. Enhanced penalties.                                              * 
*"2327. Restitution.                                                     * 
*"2325. Definition                                                       * 
*  "In this chapter, 'telemarketing'-                                    * 
*      "(1) means a plan, program, promotion, or campaign that is        * 
*    conducted to induce-                                                * 
*          "(A) purchases of goods or services; or                       * 
*          "(B) participation in a contest or sweepstakes,               * 
*    by use of 1 or more interstate telephone calls initiated either by a* 
*    person who is conducting the plan, program, promotion, or campaign  * 
*    or by a prospective purchaser or contest or sweepstakes participant;* 
*    but                                                                 * 
*      "(2) does not include the solicitation of sales through the       * 
*    mailing of a catalog that-                                          * 
*          "(A) contains a written description or illustration of the    * 
*        goods or services offered for sale;                             * 
*          "(B) includes the business address of the seller;             * 
*          "(C) includes multiple pages of written material or           * 
*        illustration; and                                               * 
*          "(D) has been issued not less frequently than once a year,    * 
*    if the person making the solicitation does not solicit customers by * 
*    telephone but only receives calls initiated by customers in response* 
*    to the catalog and during those calls take orders without further   * 
*    solicitation.                                                       * 
*"2326. Enhanced penalties                                               * 
*  "An offender that is convicted of an offense under 1028, 1029, 1341,  * 
*1342, 1343, or 1344 in connection with the conduct of  telemarketing-   * 
*      "(1) may be imprisoned for a term of 5 years in addition to any   * 
*    term of imprisonment imposed under any of those sections,           * 
*    respectively; and                                                   * 
*      "(2) in the case of an offense under any of those sections that-  * 
*          "(A) victimized ten or more persons over the age of 55; or    * 
*          "(B) targeted persons over the age of 55,                     * 
*    may be imprisoned for a term of 10 years in addition to any term of * 
*    imprisonment imposed under any of those sections, respectively.     * 
*"2327. Restitution                                                      *
*  "In sentencing an offender under section 2326, the court shall order  * 
*the offender to pay restitution to any victims and may order the        * 
*offender to pay restitution to others who sustained losses as a result  * 
*of the offender's fraudulent activity.".                                * 
*  (b) TECHNICAL AMENDMENTS.-                                            * 
*      (1) PART ANALYSIS.-THE PART ANALYSIS FOR PART I OF TITLE 18,      * 
*    UNITED STATES CODE, IS AMENDED BY STRIKING THE ITEM RELATING TO     * 
*    CHAPTER 113A AND INSERTING THE FOLLOWING:                           * 
*"113A. Telemarketing fraud2325"113B. Terrorism                    2331".* 
*      (2) CHAPTER 113B.-THE CHAPTER HEADING FOR CHAPTER 113B OF TITLE   * 
*    18, UNITED STATES CODE, AS REDESIGNATED BY SUBSECTION (A)(1), IS    * 
*    AMENDED TO READ AS FOLLOWS:                                         * 
                        *"CHAPTER 113B-TERRORISM".                       * 
*SEC. 3904. FORFEITURE OF FRAUD PROCEEDS.                                * 
*  Section 982(a) of title 18, United States Code, is amended by adding  * 
*at the end the following new paragraph:                                 * 
*      "(6) The Court, in sentencing an offender under section 2326,     * 
*    shall order that the offender forfeit to the United States any real * 
*    or personal property constituting or derived from proceeds that the * 
*    offender obtained directly or indirectly as a result of the         * 
*    offense.".                                                          * 
*SEC. 3905. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS.         * 
*  (a) REVIEW.-THE UNITED STATES SENTENCING COMMISSION SHALL REVIEW AND, * 
*IF NECESSARY, AMEND THE SENTENCING GUIDELINES TO ENSURE THAT VICTIM     * 
*RELATED ADJUSTMENTS FOR FRAUD OFFENSES AGAINST OLDER VICTIMS OVER THE   * 
*AGE OF 55 ARE ADEQUATE.                                                 * 
*  (B) REPORT.-NOT LATER THAN 180 DAYS AFTER THE DATE OF ENACTMENT OF    * 
*THIS ACT, THE SENTENCING COMMISSION SHALL REPORT TO CONGRESS THE RESULT * 
*OF ITS REVIEW UNDER SUBSECTION (A).                                     * 
*SEC. 3906. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND           * 
*CONVICTION.                                                             * 
*  Section 3059 of title 18, United States Code, is amended by adding at * 
*the end the following new subsection:                                   * 
*  "(c)(1) In special circumstances and in the Attorney General's sole   * 
*discretion, the Attorney General may make a payment of up to $10,000 to * 
*a person who furnishes information unknown to the Government relating to* 
*a possible prosecution under section 2325 which results in a conviction.* 
*  "(2) A person is not eligible for a payment under paragraph (1) if-   * 
*      "(A) the person is a current or former officer or employee of a   * 
*    Federal, State, or local government agency or instrumentality who   * 
*    furnishes information discovered or gathered in the course of       * 
*    government employment;                                              * 
*      "(B) the person knowingly participated in the offense;            * 
*      "(C) the information furnished by the person consists of an       * 
*    allegation or transaction that has been disclosed to the public-    * 
*          "(i) in a criminal, civil, or administrative proceeding;      * 
*          "(ii) in a congressional, administrative, or General          * 
*        Accounting Office report, hearing, audit, or investigation; or  * 
*          "(iii) by the news media, unless the person is the original   * 
*        source of the information; or                                   * 
*      "(D) when, in the judgment of the Attorney General, it appears    * 
*    that a person whose illegal activities are being prosecuted or      * 
*    investigated could benefit from the award.                          * 
*  "(3) For the purposes of paragraph (2)(C)(iii), the term 'original    * 
*source' means a person who has direct and independent knowledge of the  *
*information that is furnished and has voluntarily provided the          * 
*information to the Government prior to disclosure by the news media.    * 
*  "(4) Neither the failure of the Attorney General to authorize a       * 
*payment under paragraph (1) nor the amount authorized shall be subject  * 
*to judicial review.".                                                   * 
*SEC. 3907. AUTHORIZATION OF APPROPRIATIONS.                             * 
*  There are authorized to be appropriated for fiscal year 1994 for the  * 
*purposes of carrying out this Act and the amendments made by this Act-  * 
*      (1) $10,000,000 for the Federal Bureau of Investigation to hire,  * 
*    equip, and train no fewer than 100 special agents and support staff * 
*    to investigate telemarketing fraud cases;                           * 
*      (2) $3,500,000 to hire, equip, and train no fewer than 30         * 
*    Department of Justice attorneys, assistant United States Attorneys, * 
*    and support staff to prosecute telemarketing fraud cases; and       * 
*      (3) $10,000,000 for the Department of Justice to conduct, in      * 
*    cooperation with State and local law enforcement agencies and senior* 
*    citizen advocacy organizations, public awareness and prevention     * 
*    initiatives for senior citizens, such as seminars and training.     * 
*SEC. 3908. BROADENING APPLICATION OF MAIL FRAUD STATUTE.                * 
*  Section 1341 of title 18, United States Code, is amended-             * 
*      (1) by inserting "or deposits or causes to be deposited any matter* 
*    or thing whatever to be sent or delivered by any private or         * 
*    commercial interstate carrier," after "Postal Service,"; and        * 
*      (2) by inserting "or such carrier" after "causes to be delivered  * 
*    by mail".                                                           * 
*SEC. 3909. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES.* 
*  Section 1029 of title 18, United States Code, is amended-             * 
*      (1) in subsection (a)-                                            * 
*          (A) by striking "or" at the end of paragraph (3); and         * 
*          (B) by inserting after paragraph (4) the following new        * 
*        paragraphs:                                                     * 
*      "(5) knowingly and with intent to defraud effects transactions,   * 
*    with 1 or more access devices issued to another person or persons,  * 
*    to receive payment or any other thing of value during any 1-year    * 
*    period the aggregate value of which is equal to or greater than     * 
*    $1,000;                                                             * 
*      "(6) without the authorization of the issuer of the access device,* 
*    knowingly and with intent to defraud solicits a person for the      * 
*    purpose of-                                                         * 
*          "(A) offering an access device; or                            * 
*          "(B) selling information regarding or an application to obtain* 
*        an access device; or                                            * 
*      "(7) without the authorization of the credit card system member or* 
*    its agent, knowingly and with intent to defraud causes or arranges  * 
*    for another person to present to the member or its agent, for       * 
*    payment, 1 or more evidences or records of transactions made by an  * 
*    access device;";                                                    * 
*      (2) in subsection (c)(1) by striking "(a)(2) or (a)(3)" and       * 
*    inserting "(a) (2), (3), (5), (6), or (7)"; and                     * 
*      (3) in subsection (e)-                                            * 
*          (A) by striking "and" at the end of paragraph (5);            * 
*          (B) by striking the period at the end of paragraph (6) and    * 
*        inserting "; and"; and                                          * 
*          (C) by adding at the end the following new paragraph:         * 
*      "(7) the term 'credit card system member' means a financial       *
*    institution or other entity that is a member of a credit card       * 
*    system, including an entity, whether affiliated with or identical to* 
*    the credit card issuer, that is the sole member of a credit card    * 
*    system.".                                                           * 
*SEC. 3910. INFORMATION NETWORK.                                         * 
*  (a) HOTLINE.-THE ATTORNEY GENERAL SHALL ESTABLISH A NATIONAL TOLL-FREE* 
*HOTLINE FOR THE PURPOSE OF-                                             * 
*      (1) PROVIDING GENERAL INFORMATION ON TELEMARKETING FRAUD TO       * 
*    INTERESTED PERSONS; AND                                             * 
*      (2) GATHERING INFORMATION RELATED TO POSSIBLE VIOLATIONS OF THIS  * 
*    ACT.                                                                * 
*  (B) ACTION ON INFORMATION GATHERED.-THE ATTORNEY GENERAL SHALL WORK IN* 
*COOPERATION WITH THE FEDERAL TRADE COMMISSION TO ENSURE THAT INFORMATION* 
*GATHERED THROUGH THE HOTLINE SHALL BE ACTED ON IN AN APPROPRIATE MANNER.* 
                          *TITLE XL-CHILD SAFETY                         * 
*SEC. 4001. SHORT TITLE.                                                 * 
*  This title may be cited as the "Child Safety Act".                    * 
*SEC. 4002. FINDINGS.                                                    * 
*  Congress finds the following:                                         * 
*      (1) The problem of family violence does not necessarily cease when* 
*    the victimized family is legally separated, divorced, or otherwise  * 
*    not sharing a household. During separation and divorce, family      * 
*    violence often escalates, and child custody and visitation become   * 
*    the new forum for the continuation of abuse.                        * 
*      (2) Some perpetrators use the children as pawns to control the    * 
*    abused party after the couple is separated.                         * 
*      (3) Every year an estimated 1,000 to 5,000 children are killed by * 
*    their parents in the United States.                                 * 
*      (4) In 1988, the Department of Justice reported that 354,100      * 
*    children were abducted by family members who violated custody       * 
*    agreements or decrees. Most victims were children from ages 2 to 11 * 
*    years.                                                              * 
*      (5) Approximately 160,000 children are seriously injured or       * 
*    impaired by abuse or neglect each year.                             * 
*      (6) Studies by the American Humane Association indicate that      * 
*    reports of child abuse and neglect have increased by over 200       * 
*    percent from 1976 to 1986.                                          * 
*      (7) Approximately 90 percent of children in homes in which their  * 
*    mothers are abused witness the abuse.                               * 
*      (8) Data indicates that women and children are at elevated risk   * 
*    for violence during the process of and after separation.            * 
*      (9) Fifty to 70 percent of men who abuse their spouses or partners* 
*    also abuse their children.                                          * 
*      (10) Up to 75 percent of all domestic assaults reported to law    * 
*    enforcement agencies were inflicted after the separation of the     * 
*    couples.                                                            * 
*      (11) In one study of spousal homicide, over half of the male      * 
*    defendants were separated from their victims.                       * 
*      (12) Seventy-three percent of battered women seeking emergency    * 
*    medical services do so after separation.                            * 
*SEC. 4003. PURPOSE.                                                     * 
*  The purpose of this Act is to authorize funding to enable supervised  * 
*visitation centers to provide the following:                            * 
*      (1) Supervised visitation in cases where there is documented      * 
*    sexual, physical or emotional abuse as determined by the appropriate*
*    court.                                                              * 
*      (2) Supervised visitation in cases where there is suspected or    * 
*    elevated risk of sexual, physical or emotional abuse, or where there* 
*    have been threats of parental abduction of the child.               * 
*      (3) Supervised visitation for children who have been placed in    * 
*    foster homes as a result of abuse.                                  * 
*      (4) An evaluation of visitation between parents and children for  * 
*    child protection social services to assist such service providers in* 
*    making determinations of whether the children should be returned to * 
*    a previously abusive home.                                          * 
*      (5) A safe location for custodial parents to temporarily transfer * 
*    custody of their children with non-custodial parents, or to provide * 
*    a protected visitation environment, where there has been a history  * 
*    of domestic violence or an order for protection is involved.        * 
*      (6) An additional safeguard against the child witnessing abuse or * 
*    a safeguard against the injury or death of a child or parent.       * 
*      (7) An environment for families to have healthy interaction       * 
*    activities, quality time, non-violent memory building experiences   * 
*    during visitation to help build the parent/child relationship.      * 
*      (8) Parent and child education and support groups to help parents * 
*    heal and learn new skills, and to help children heal from past      * 
*    abuse.                                                              * 
*SEC. 4004. DEMONSTRATION GRANTS FOR SUPERVISED VISITATION CENTERS.      * 
*  (a) IN GENERAL.-The Secretary of Health and Human Services (hereafter * 
*referred to in this Act as the "Secretary") is authorized to award      * 
*grants to and enter into contracts and cooperative agreements with      * 
*public or nonprofit private entities to assist such entities in the     * 
*establishment and operation of supervised visitation centers.           * 
*  (b) CONSIDERATIONS.-IN AWARDING GRANTS, CONTRACTS AND AGREEMENTS UNDER* 
*SUBSECTION (A), THE SECRETARY SHALL TAKE INTO ACCOUNT-                  * 
*      (1) THE NUMBER OF FAMILIES TO BE SERVED BY THE PROPOSED VISITATION* 
*    CENTER TO BE ESTABLISHED UNDER THE GRANT, CONTRACT OR AGREEMENT;    * 
*      (2) THE EXTENT TO WHICH SUPERVISED VISITATION CENTERS ARE NEEDED  * 
*    LOCALLY;                                                            * 
*      (3) THE RELATIVE NEED OF THE APPLICANT; AND                       * 
*      (4) THE CAPACITY OF THE APPLICANT TO MAKE RAPID AND EFFECTIVE USE * 
*    OF ASSISTANCE PROVIDED UNDER THE GRANT, CONTRACT OR AGREEMENT.      * 
*  (C) USE OF FUNDS.-                                                    * 
*      (1) IN GENERAL.-AMOUNTS PROVIDED UNDER A GRANT, CONTRACT OR       * 
*    COOPERATIVE AGREEMENT AWARDED UNDER THIS SECTION SHALL BE USED TO   * 
*    ESTABLISH SUPERVISED VISITATION CENTERS AND FOR THE PURPOSES        * 
*    DESCRIBED IN SECTION 4003. IN USING SUCH AMOUNTS, GRANTEES SHALL    * 
*    TARGET THE ECONOMICALLY DISADVANTAGED AND THOSE INDIVIDUALS WHO     * 
*    COULD NOT OTHERWISE AFFORD SUCH VISITATION SERVICES. OTHER          * 
*    INDIVIDUALS MAY BE PERMITTED TO UTILIZE THE SERVICES PROVIDED BY THE* 
*    CENTER ON A FEE BASIS.                                              * 
*      (2) COSTS.-TO THE EXTENT PRACTICABLE, THE SECRETARY SHALL ENSURE  * 
*    THAT, WITH RESPECT TO RECIPIENTS OF GRANTS, CONTRACTS OR AGREEMENTS * 
*    UNDER THIS SECTION, THE PERPETRATORS OF THE FAMILY VIOLENCE, ABUSE  * 
*    OR NEGLECT WILL BE RESPONSIBLE FOR ANY AND ALL COSTS ASSOCIATED WITH* 
*    THE SUPERVISED VISITATION UNDERTAKEN AT THE CENTER.                 * 
*SEC. 4005. DEMONSTRATION GRANT APPLICATION.                             * 
*  (a) IN GENERAL.-A GRANT, CONTRACT OR COOPERATIVE AGREEMENT MAY NOT BE * 
*MADE OR ENTERED INTO UNDER THIS ACT UNLESS AN APPLICATION FOR SUCH      * 
*GRANT, CONTRACT OR COOPERATIVE AGREEMENT HAS BEEN SUBMITTED TO AND      *
*APPROVED BY THE SECRETARY.                                              * 
*  (B) APPROVAL.-GRANTS, CONTRACTS AND COOPERATIVE AGREEMENTS UNDER THIS * 
*ACT SHALL BE AWARDED IN ACCORDANCE WITH SUCH REGULATIONS AS THE         * 
*SECRETARY MAY PROMULGATE. AT A MINIMUM, TO BE APPROVED BY THE SECRETARY * 
*UNDER THIS SECTION AN APPLICATION SHALL-                                * 
*      (1) DEMONSTRATE THAT THE APPLICANT HAS RECOGNIZED EXPERTISE IN THE* 
*    AREA OF FAMILY VIOLENCE AND A RECORD OF HIGH QUALITY SERVICE TO     * 
*    VICTIMS OF FAMILY VIOLENCE; AND                                     * 
*      (2) BE SUBMITTED FROM AN ENTITY LOCATED IN A STATE WHERE STATE LAW* 
*    REQUIRES THE COURTS TO CONSIDER EVIDENCE OF VIOLENCE IN CUSTODY     * 
*    DECISIONS.                                                          * 
*SEC. 4006. EVALUATION OF DEMONSTRATION PROJECTS.                        * 
*  (a) IN GENERAL.-NOT LATER THAN 30 DAYS AFTER THE END OF EACH FISCAL   * 
*YEAR, A RECIPIENT OF A GRANT, CONTRACT OR COOPERATIVE AGREEMENT UNDER   * 
*THIS ACT SHALL PREPARE AND SUBMIT TO THE SECRETARY A REPORT THAT        * 
*CONTAINS INFORMATION CONCERNING-                                        * 
*      (1) THE NUMBER OF FAMILIES SERVED PER YEAR;                       * 
*      (2) THE NUMBER OF FAMILIES SERVED PER YEAR CATEGORIZED BY-        * 
*          (A) FAMILIES WHO REQUIRE THAT SUPERVISED VISITATION BECAUSE OF* 
*        CHILD ABUSE ONLY;                                               * 
*          (B) FAMILIES WHO REQUIRE SUPERVISED VISITATION BECAUSE OF A   * 
*        COMBINATION OF CHILD ABUSE AND DOMESTIC VIOLENCE; AND           * 
*          (C) FAMILIES WHO REQUIRE SUPERVISED VISITATION BECAUSE OF     * 
*        DOMESTIC VIOLENCE ONLY;                                         * 
*      (3) THE NUMBER OF VISITS PER FAMILY IN THE REPORT YEAR CATEGORIZED* 
*    BY-                                                                 * 
*          (A) SUPERVISED VISITATION REQUIRED BY THE COURTS;             * 
*          (B) SUPERVISED VISITATION BASED ON SUSPECTED OR ELEVATED RISK * 
*        OF SEXUAL, PHYSICAL, OR EMOTIONAL ABUSE, OR THREATS OF PARENTAL * 
*        ABDUCTION OF THE CHILD THAT IS NOT COURT MANDATED;              * 
*          (C) SUPERVISED VISITATION THAT IS PART OF A FOSTER CARE       * 
*        ARRANGEMENT; AND                                                * 
*          (D) SUPERVISED VISITATION BECAUSE OF AN ORDER OF PROTECTION;  * 
*      (4) THE NUMBER OF SUPERVISED VISITATION ARRANGEMENTS TERMINATED   * 
*    BECAUSE OF VIOLATIONS OF VISITATION TERMS, INCLUDING VIOLENCE;      * 
*      (5) THE NUMBER OF PROTECTIVE TEMPORARY TRANSFERS OF CUSTODY DURING* 
*    THE REPORT YEAR;                                                    * 
*      (6) THE NUMBER OF PARENTAL ABDUCTION CASES IN A JUDICIAL DISTRICT * 
*    USING SUPERVISED VISITATION SERVICES, BOTH AS IDENTIFIED IN CRIMINAL* 
*    PROSECUTION AND CUSTODY VIOLATIONS;                                 * 
*      (7) THE NUMBER OF SAFETY AND SECURITY PROBLEMS THAT OCCUR DURING  * 
*    THE REPORT YEAR;                                                    * 
*      (8) THE NUMBER OF FAMILIES WHO ARE TURNED AWAY BECAUSE THE CENTER * 
*    CANNOT ACCOMMODATE THE DEMAND FOR SERVICES;                         * 
*      (9) THE PROCESS BY WHICH CHILDREN OR ABUSED PARTNERS WILL BE      * 
*    PROTECTED DURING VISITATIONS, TEMPORARY CUSTODY TRANSFERS AND OTHER * 
*    ACTIVITIES FOR WHICH THE SUPERVISED VISITATION CENTERS ARE CREATED; * 
*    AND                                                                 * 
*      (10) ANY OTHER INFORMATION DETERMINED APPROPRIATE IN REGULATIONS  * 
*    PROMULGATED BY THE SECRETARY.                                       * 
*  (B) EVALUATION.-IN ADDITION TO SUBMITTING THE REPORTS REQUIRED UNDER  * 
*SUBSECTION (A), AN ENTITY RECEIVING A GRANT, CONTRACT OR COOPERATIVE    * 
*AGREEMENT UNDER THIS ACT SHALL HAVE A COLLATERAL AGREEMENT WITH THE     * 
*COURT, THE CHILD PROTECTION SOCIAL SERVICES DIVISION OF THE STATE, AND  * 
*LOCAL DOMESTIC VIOLENCE AGENCIES OR STATE AND LOCAL DOMESTIC VIOLENCE   *
*COALITIONS TO EVALUATE THE SUPERVISED VISITATION CENTER OPERATED UNDER  * 
*THE GRANT, CONTRACT OR AGREEMENT. THE ENTITIES CONDUCTING SUCH          * 
*EVALUATIONS SHALL SUBMIT A NARRATIVE EVALUATION OF THE CENTER TO BOTH   * 
*THE CENTER AND THE GRANTEE.                                             * 
*  (C) DEMONSTRATION OF NEED.-THE RECIPIENT OF A GRANT, CONTRACT OR      * 
*COOPERATIVE AGREEMENT UNDER THIS ACT SHALL DEMONSTRATE, DURING THE FIRST* 
*3 YEARS OF THE PROJECT OPERATED UNDER THE GRANT, CONTRACT OR AGREEMENT, * 
*THE NEED FOR CONTINUED FUNDING.                                         * 
*SEC. 4007. SPECIAL GRANTS TO STUDY THE EFFECT OF SUPERVISED VISITATION  * 
*ON SEXUALLY ABUSED OR SEVERELY PHYSICALLY ABUSED CHILDREN.              * 
*  (a) AUTHORIZATION.-THE SECRETARY IS AUTHORIZED TO AWARD SPECIAL GRANTS* 
*TO PUBLIC OR NONPROFIT PRIVATE ENTITIES TO ASSIST SUCH ENTITIES IN      * 
*COLLECTING CLINICAL DATA FOR SUPERVISED VISITATION CENTERS ESTABLISHED  * 
*UNDER THIS ACT TO DETERMINE-                                            * 
*      (1) THE EXTENT TO WHICH SUPERVISED VISITATION SHOULD BE ALLOWED   * 
*    BETWEEN CHILDREN WHO ARE SEXUALLY ABUSED OR SEVERELY PHYSICALLY     * 
*    ABUSED BY A PARENT, WHERE THE VISITATION IS NOT PREDICATED ON THE   * 
*    ABUSIVE PARENT HAVING SUCCESSIVELY COMPLETED A SPECIALIZED COURSE OF* 
*    THERAPY FOR SUCH ABUSERS;                                           * 
*      (2) THE EFFECT OF SUPERVISED VISITATION ON CHILD VICTIMS OF SEXUAL* 
*    ABUSE OR SEVERE PHYSICAL ABUSE WHEN THE ABUSIVE PARENT EXERCISING   * 
*    VISITATION HAS NOT COMPLETED SPECIALIZED THERAPY AND DOES NOT USE   * 
*    THE VISITATION TO ALLEVIATE THE CHILD VICTIM'S GUILT, FEAR, OR      * 
*    CONFUSION;                                                          * 
*      (3) THE RELATIONSHIP BETWEEN THE TYPE OF ABUSE OR NEGLECT         * 
*    EXPERIENCED BY THE CHILD AND THE USE OF SUPERVISED VISITATION       * 
*    CENTERS BY THE MALTREATING PARENT; AND                              * 
*      (4) IN CASES OF SPOUSE OR PARTNER ABUSE ONLY, THE EXTENT TO WHICH * 
*    SUPERVISED VISITATION SHOULD BE PREDICATED ON PARTICIPATION BY THE  * 
*    ABUSIVE SPOUSE IN A SPECIALIZED TREATMENT PROGRAM.                  * 
*  (B) APPLICATION.-TO BE ELIGIBLE TO RECEIVE A GRANT UNDER THIS SECTION * 
*AN ENTITY SHALL PREPARE AND SUBMIT TO THE SECRETARY AN APPLICATION AT   * 
*SUCH TIME, IN SUCH MANNER AND CONTAINING SUCH INFORMATION AS THE        * 
*SECRETARY MAY REQUIRE, INCLUDING DOCUMENTARY EVIDENCE TO DEMONSTRATE    * 
*THAT THE ENTITY POSSESSES A HIGH LEVEL OF CLINICAL EXPERTISE AND        * 
*EXPERIENCE IN CHILD ABUSE TREATMENT AND PREVENTION AS THEY RELATE TO    * 
*VISITATION. THE LEVEL OF CLINICAL EXPERTISE AND EXPERIENCE REQUIRED WILL* 
*BE DETERMINED BY THE SECRETARY.                                         * 
*  (C) REPORT.-NOT LATER THAN 1 YEAR AFTER THE DATE ON WHICH A GRANT IS  * 
*RECEIVED UNDER THIS SECTION, AND EACH YEAR THEREAFTER FOR THE DURATION  * 
*OF THE GRANT, THE GRANTEE SHALL PREPARE AND SUBMIT TO THE SECRETARY A   * 
*REPORT CONTAINING THE CLINICAL DATA COLLECTED UNDER SUCH GRANT.         * 
*SEC. 4008. REPORTING.                                                   * 
*  Not later than 18 months after the date of enactment of this Act, and * 
*annually thereafter, the Secretary shall prepare and submit to the      * 
*appropriate committees of Congress a report containing the information  * 
*collected under the reports received under sections 4006 and 4007,      * 
*including recommendations made by the Secretary concerning whether or   * 
*not the supervised visitation center demonstration and clinical data    * 
*programs should be reauthorized.                                        * 
*SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.                             * 
*  (a) IN GENERAL.-FOR THE PURPOSE OF AWARDING GRANTS, CONTRACTS AND     * 
*COOPERATIVE AGREEMENTS UNDER THIS ACT, THERE ARE AUTHORIZED TO BE       * 
*APPROPRIATED $15,000,000 FOR FISCAL YEAR 1994, $20,000,000 FOR FISCAL   * 
*YEAR 1995, AND $25,000,000 FOR FISCAL YEAR 1996.                        *
*  (B) DISTRIBUTION.-OF THE AMOUNTS APPROPRIATED UNDER SUBSECTION (A) FOR* 
*EACH FISCAL YEAR-                                                       * 
*      (1) NOT LESS THAN 80 PERCENT SHALL BE USED TO AWARD GRANTS,       * 
*    CONTRACTS, OR COOPERATIVE AGREEMENTS UNDER SECTION 4005; AND        * 
*      (2) NOT MORE THAN 20 PERCENT SHALL BE USED TO AWARD GRANTS UNDER  * 
*    SECTION 4007.                                                       * 
*  (C) DISBURSEMENT.-AMOUNTS APPROPRIATED UNDER THIS SECTION SHALL BE    * 
*DISBURSED AS CATEGORICAL GRANTS THROUGH THE 10 REGIONAL OFFICES OF THE  * 
*DEPARTMENT OF HEALTH AND HUMAN SERVICES.                                * 
              *TITLE XLI-FAMILY UNITY DEMONSTRATION PROJECT              * 
              *Subtitle A-Family Unity Demonstration Project             * 
*SEC. 4101. SHORT TITLE.                                                 * 
*  This title may be cited as the "Family Unity Demonstration Project    * 
*Act".                                                                   * 
*SEC. 4102. FINDINGS AND PURPOSES.                                       * 
*  (a) FINDINGS.-The Congress finds that-                                * 
*      (1) an increasing number of children are becoming separated from  * 
*    their primary caretaker parents due to the incarceration of the     * 
*    parents in prisons and jails;                                       * 
*      (2) such separation of children from their primary caretaker      * 
*    parents can cause harm to children's psychological well-being and   * 
*    hinder their growth and development;                                * 
*      (3) a significant number of children are born shortly before or   * 
*    during the incarceration of their mothers and are then quickly      * 
*    separated from their mothers, preventing the parent-child bonding   * 
*    that is crucial to developing in children a sense of security and   * 
*    trust;                                                              * 
*      (4) maintaining close relationships with their children provides a* 
*    powerful incentive for prisoners to participate in and successfully * 
*    benefit from rehabilitative programs; and                           * 
*      (5) maintaining strong family ties during imprisonment has been   * 
*    shown to decrease recidivism, thereby reducing prison costs.        * 
*  (b) PURPOSE.-The purpose of this title is to evaluate the             * 
*effectiveness of certain demonstration projects in helping to-          * 
*      (1) alleviate the harm to children and primary caretaker parents  * 
*    caused by separation due to the incarceration of the parents;       * 
*      (2) reduce recidivism rates of prisoners by encouraging strong and* 
*    supportive family relationships; and                                * 
*      (3) explore the cost effectiveness of community correctional      * 
*    facilities.                                                         * 
*SEC. 4103. DEFINITIONS.                                                 * 
*  In this title-                                                        * 
*      "child" means a person who is less than 6 years of age.           * 
*      "community correctional facility" means a residential facility    * 
*    that-                                                               * 
*          (A) is used only for eligible offenders and their children    * 
*        under 6 years of age;                                           * 
*          (B) is not within the confines of a jail or prison;           * 
*          (C) has a maximum capacity of 50 prisoners in addition to     * 
*        their children; and                                             * 
*          (D) provides to inmates and their children-                   * 
*              (i) a safe, stable, environment for children;             * 
*              (ii) pediatric and adult medical care consistent with     * 
*            medical standards for correctional facilities;              * 
*              (iii) programs to improve the stability of the            *
*            parent-child relationship, including educating parents      * 
*            regarding-                                                  * 
*                  (I) child development; and                            * 
*                  (II) household management;                            * 
*              (iv) alcoholism and drug addiction treatment for          * 
*            prisoners; and                                              * 
*              (v) programs and support services to help inmates-        * 
*                  (I) to improve and maintain mental and physical       * 
*                health, including access to counseling;                 * 
*                  (II) to obtain adequate housing upon release from     * 
*                State incarceration;                                    * 
*                  (III) to obtain suitable education, employment, or    * 
*                training for employment; and                            * 
*                  (IV) to obtain suitable child care.                   * 
*      "Director" means the Director of the Federal Bureau of Prisons.   * 
*      "eligible offender" means a primary caretaker parent who-         * 
*          (A) is sentenced to a term of imprisonment of not more than 7 * 
*        years or is awaiting sentencing for a conviction punishable by  * 
*        such a term of imprisonment;                                    * 
*          (B) except in the case of an offender awaiting sentencing, is * 
*        incarcerated currently to serve that sentence;                  * 
*          (C) is not eligible currently for probation or parole until   * 
*        the expiration of a period exceeding 180 days; and              * 
*          (D) has not engaged in conduct which-                         * 
*              (i) knowingly resulted in death or serious bodily injury; * 
*              (ii) is a felony for a crime of violence against the      * 
*            person; or                                                  * 
*              (iii) constitutes child neglect or mental, physical, or   * 
*            sexual abuse of a child.                                    * 
*      "primary caretaker parent" means-                                 * 
*          (A) a parent who has consistently assumed responsibility for  * 
*        the housing, health, and safety of a child prior to             * 
*        incarceration; or                                               * 
*          (B) a woman who has given birth to a child after or while     * 
*        awaiting her sentencing hearing and who expresses a willingness * 
*        to assume responsibility for the housing, health, and safety of * 
*        that child,                                                     * 
*    a parent who, in the best interest of a child, has arranged for the * 
*    temporary care of the child in the home of a relative or other      * 
*    responsible adult shall not for that reason be excluded from the    * 
*    category  "primary caretaker".                                      * 
*      "State" means 1 of the States or the District of Columbia.        * 
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