GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.

SEC. 40121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN. (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 32101(a), is amended— (1) by redesignating part T as part U; (2) by redesignating section 2001 as section 2101; and (3) by inserting after part S the following new part: “Part T— Grants To Combat Violent Crimes Against Women “SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS. “(a) General Program Purpose.— The purpose of this part is to assist States, Indian tribal governments, and units of local government to develop and strengthen effective law enforcement and prosecution strategies to combat violent crimes against women, and to develop and strengthen victim services in cases involving violent crimes against women. “(b) Purposes for Which Grants May Be Used.— Grants under this part shall provide personnel, training, technical assistance, data collection and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women, and specifically, for the purposes of— “(1) training law enforcement officers and prosecutors to more effectively identify and respond to violent crimes against 108 STAT. 1911women, including the crimes of sexual assault and domestic violence; “(2) developing, training, or expanding units of law enforcement officers and prosecutors specifically targeting violent crimes against women, including the crimes of sexual assault and domestic violence; “(3) developing and implementing more effective police and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to violent crimes against women, including the crimes of sexual assault and domestic violence; “(4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts or for the purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for violent crimes against women, including the crimes of sexual assault and domestic violence; “(5) developing, enlarging, or strengthening victim services programs, including sexual assault and domestic violence programs, developing or improving delivery of victim services to racial, cultural, ethnic, and language minorities, providing specialized domestic violence court advocates in courts where a significant number of protection orders are granted, and increasing reporting and reducing attrition rates for cases involving violent crimes against women, including crimes of sexual assault and domestic violence; “(6) developing, enlarging, or strengthening programs addressing stalking; and “(7) developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with violent crimes against women, including the crimes of sexual assault and domestic violence. “SEC. 2002. STATE GRANTS. “(a) General Grants.— The Attorney General may make grants to States, for use by States, unite of local government, nonprofit nongovernmental victim services programs, and Indian tribal governments for the purposes described in section 2001(b). “(b) Amounts.— Of the amounts appropriated for the purposes of this part— “(1) 4 percent shall be available for grants to Indian tribal governments; “(2) $500,000 shall be available for grants to applicants in each State; and “(3) the remaining funds shall be available for grants to applicants in each State in an amount that bears the same ratio to the amount of remaining funds as the population of the State bears to the population of all of the States that results from a distribution among the States on the basis of each State’s population in relation to the population of all States (not including populations of Indian tribes). “(c) Qualification.— Upon satisfying the terms of subsection (d), any State shall be qualified for funds provided under this part upon certification that— “(1) the funds shall be used for any of the purposes described in section 2001(b); 108 STAT. 1912 “(2) grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with non-profit, nongovernmental victim services programs, including sexual assault and domestic violence victim services programs; “(3) at least 25 percent of the amount granted shall be allocated, without duplication, to each of the following 3 areas: prosecution, law enforcement, and victim services; and “(4) any Federal funds received under this part shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subtitle. “(d) Application Requirements.— The application requirements provided in section 513 shall apply to grants made under this part. In addition, each application shall include the certifications of qualification required by subsection (c), including documentation from nonprofit, nongovernmental victim services programs, describing their participation in developing the plan required by subsection (c)(2). An application shall include— “(1) documentation from the prosecution, law enforcement, and victim services programs to be assisted, demonstrating— “(A) need for the grant funds; “(B) intended use of the grant funds; “(C) expected results from the use of grant funds; and “(D) demographic characteristics of the populations to be served, including age, marital status, disability, race, ethnicity and language background; “(2) proof of compliance with the requirements for the payment of forensic medical exams provided in section 2005; and “(3) proof of compliance with the requirements for paying filing and service fees for domestic violence cases provided in section 2006. “(e) Disbursement.— “(1) In general.— Not later than 60 days after the receipt of an application under this part, the Attorney General shall— “(A) disburse the appropriate sums provided for under this part; or “(B) inform the applicant why the application does not conform to the terms of section 513 or to the requirements of this section. “(2) Regulations.— In disbursing monies under this part, the Attorney General shall issue regulations to ensure that States will— “(A) give priority to areas of varying geographic size with the greatest showing of need based on the availability of existing domestic violence and sexual assault programs in the population and geographic area to be served in relation to the availability of such programs in other such populations and geographic areas; “(B) determine the amount of subgrants based on the population and geographic area to be served; “(C) equitably distribute monies on a geographic basis including nonurban and rural areas of various geographic sizes; and “(D) recognize and address the needs of underserved populations. 108 STAT. 1913 “(f) Federal Share.— The Federal share of a grant made under this subtitle may not exceed 75 percent of the total costs of the projects described in the application submitted. “(g) Indian Tribes.— Funds appropriated by the Congress for the activities of any agency of an Indian tribal government or of the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of the cost of programs or projects funded under this part. “(h) Grantee Reporting.— “(1) In general.— Upon completion of the grant period under this part, a State or Indian tribal grantee shall file a performance report with the Attorney General explaining the activities carried out, which report shall include an assessment of the effectiveness of those activities in achieving the purposes of this part. “(2) Certification by grantee and subgrantees.— A section of the performance report shall be completed by each grantee and subgrantee that performed the direct services contemplated in the application, certifying performance of direct services under the grant. “(3) Suspension of funding.— The Attorney General shall suspend funding for an approved application if— “(A) an applicant fails to submit an annual performance report; “(B) funds are expended for purposes other than those described in this part; or “(C) a report under paragraph (1) or accompanying assessments demonstrate to the Attorney General that the program is ineffective or financially unsound. “SEC. 2003. DEFINITIONS. “In 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 jurisdiction receiving grant monies; “(2) the term ‘Indian country’ has the meaning stated in section 1151 of title 18, United States Code; “(3) the term ‘Indian tribe’ means a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, 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; “(4) the term ‘law enforcement’ means a public agency charged with policing functions, including any of its component bureaus (such as governmental victim services programs); “(5) the term ‘prosecution’ means any public agency charged with direct responsibility for prosecuting criminal offenders, 108 STAT. 1914including such agency’s component bureaus (such as governmental victim services programs); “(6) the term ‘sexual assault’ means any conduct proscribed by chapter 109A of title 18, United States Code, whether or not the conduct occurs in the special maritime and territorial jurisdiction of the United States or in a Federal prison and includes both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known or related by blood or marriage to the victim; “(7) the term ‘underserved populations’ includes populations underserved because of geographic location (such as rural isolation), underserved racial or ethnic populations, and populations underserved because of special needs, such as language barriers or physical disabilities; and “(8) the term ‘victim services’ means a nonprofit, non-governmental organization that assists domestic violence or sexual assault victims, including rape crisis centers, battered women’s shelters, and other sexual assault or domestic violence programs, including nonprofit, nongovernmental organizations assisting domestic violence or sexual assault victims through the legal process. “SEC. 2004. GENERAL TERMS AND CONDITIONS. “(a) Nonmonetary Assistance.— In addition to the assistance provided under this part, the Attorney General may request any Federal agency to use its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State, tribal, and local assistance efforts. “(b) Reporting.— Not later than 180 days after the end of each fiscal year for which grants are made under this part, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that includes, for each State and for each grantee Indian tribe— “(1) the number of grants made and funds distributed under this part; “(2) a summary of the purposes for which those grants were provided and an evaluation of their progress; “(3) a statistical summary of persons served, detailing the nature of victimization, and providing data on age, sex, relationship of victim to offender, geographic distribution, race, ethnicity, language, and disability; and “(4) an evaluation of the effectiveness of programs funded under this part. “(c) 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, the Attorney General shall publish final regulations or guidelines implementing this part. “SEC. 2005. RAPE EXAM PAYMENTS. “(a) Restriction of Funds.— “(1) In general.— A State, Indian tribal government, or unit of local government, shall not be entitled to funds under this part unless the State, Indian tribal government, unit of local government, or another governmental entity incurs the 108 STAT. 1915full out-of-pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault. “(2) Redistribution.— Funds withheld from a State or unit of local government under paragraph (1) shall be distributed to other States or units of local government pro rata. Funds withheld from an Indian tribal government under paragraph (1) shall be distributed to other Indian tribal governments pro rata. “(b) Medical Costs.— A State, Indian tribal government, or unit of local government shall be deemed to incur the full out- of-pocket cost of forensic medical exams for victims of sexual assault if any government entity— “(1) provides such exams to victims free of charge to the victim; “(2) arranges for victims to obtain such exams free of charge to the victims; or “(3) reimburses victims for the cost of such exams if— “(A) the reimbursement covers the full cost of such exams, without any deductible requirement or limit on the amount of a reimbursement; “(B) the reimbursing governmental entity permits victims to apply for reimbursement for not less than one year from the date of the exam; “(C) the reimbursing governmental entity provides reimbursement not later than 90 days after written notification of the victim’s expense; and “(D) the State, Indian tribal government, unit of local government, or reimbursing governmental entity provides information at the time of the exam to all victims, including victims with limited or no English proficiency, regarding how to obtain reimbursement. “SEC. 2006. FILING COSTS FOR CRIMINAL CHARGES. “(a) In General.— A State, Indian tribal government, or unit of local government, shall not be entitled to funds under this part unless the State, Indian tribal government, or unit of local government— “(1) certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, that the abused bear the costs associated with the filing of criminal charges against the domestic violence offender, or the costs associated with the issuance or service of a warrant, protection order, or witness subpoena; or “(2) gives the Attorney General assurances that its laws, policies and practices will be in compliance with the requirements of paragraph (1) within the later of— “(A) the period ending on the date on which the next session of the State legislature ends; or “(B) 2 years. “(b) Redistribution.— Funds withheld from a State, unit of local government, or Indian tribal government under subsection (a) shall be distributed to other States, units of local government, and Indian tribal government, respectively, pro rata.”. (b) Technical Amendment.— The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 108 STAT. 1916U.S.C. 3711 et seq.), as amended by section 32101(b), is amended by striking the matter relating to part T and inserting the following: “Part T— Grants To Combat Violent Crimes Against Women “Sec. 2001. Purpose of the program and grants. “Sec. 2002. State grants. “Sec. 2003. General definitions. “Sec. 2004. General terms and conditions. “Sec. 2005. Rape exam payments. “Sec. 2006. Filing costs for criminal charges. “Part U— Transition—Effective Date—Repealer “Sec. 2101. 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 32101(d), is amended— (1) in paragraph (3) by striking “and S” and inserting “S, and T”; and (2) by adding at the end the following new paragraph: “(18) There are authorized to be appropriated to carry out part T— “(A) $26,000,000 for fiscal year 1995; “(B) $130,000,000 for fiscal year 1996; “(C) $145,000,000 for fiscal year 1997; “(D) $160,000,000 for fiscal year 1998; “(E) $165,000,000 for fiscal year 1999; and “(F) $174,000,000 for fiscal year 2000.”.