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112th Congress Rept. 112-480
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT
OF 2012
_______
May 15, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4970]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 4970) to reauthorize the Violence Against Women Act
of 1994, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 47
Background and Need for the Legislation.......................... 48
Hearings......................................................... 61
Committee Consideration.......................................... 61
Committee Votes.................................................. 61
Committee Oversight Findings..................................... 71
New Budget Authority and Tax Expenditures........................ 71
Congressional Budget Office Cost Estimate........................ 72
Performance Goals and Objectives................................. 77
Advisory on Earmarks............................................. 78
Section-by-Section Analysis...................................... 78
Changes in Existing Law Made by the Bill, as Reported............ 92
Committee Jurisdiction Letters................................... 221
Dissenting Views................................................. 227
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violence Against Women Reauthorization
Act of 2012''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. VAWA definitions and grant conditions.
Sec. 4. Accountability provisions.
Sec. 5. Effective date.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
Sec. 101. STOP grants.
Sec. 102. Grants to encourage arrest policies and enforcement of
protection orders.
Sec. 103. Legal assistance for victims.
Sec. 104. Consolidation of grants to support families in the justice
system.
Sec. 105. Court-appointed special advocate program.
Sec. 106. Outreach and services to underserved populations grant.
Sec. 107. Culturally specific services grant.
Sec. 108. Reduction in rape kit backlog.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 201. Sexual assault services program.
Sec. 202. Rural domestic violence, dating violence, sexual assault,
stalking, and child abuse enforcement assistance.
Sec. 203. Training and services to end violence against women with
disabilities grants.
Sec. 204. Grant for training and services to end violence against women
in later life.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
Sec. 301. Rape prevention and education grant.
Sec. 302. Creating hope through outreach, options, services, and
education for children and youth.
Sec. 303. Grants to combat violent crimes on campuses.
Sec. 304. National Center for Campus Public Safety.
TITLE IV--VIOLENCE REDUCTION PRACTICES
Sec. 401. Study conducted by the centers for disease control and
prevention.
Sec. 402. Saving money and reducing tragedies through prevention
grants.
TITLE V--STRENGTHENING THE HEALTH CARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 501. Consolidation of grants to strengthen the health care
system's response to domestic violence, dating violence, sexual
assault, and stalking.
TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING
Sec. 601. Housing protections for victims of domestic violence, dating
violence, sexual assault, and stalking.
Sec. 602. Transitional housing assistance grants for victims of
domestic violence, dating violence, sexual assault, and stalking.
Sec. 603. Addressing the housing needs of victims of domestic violence,
dating violence, sexual assault, and stalking.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
Sec. 701. National Resource Center on Workplace Responses to assist
victims of domestic and sexual violence.
TITLE VIII--IMMIGRATION PROVISIONS
Sec. 801. Fraud prevention initiatives.
Sec. 802. Clarification of the requirements applicable to U visas.
Sec. 803. Protections for a fiancee or fiance of a citizen.
Sec. 804. Regulation of international marriage brokers.
Sec. 805. GAO report.
Sec. 806. Temporary Nature of U Visa Status.
Sec. 807. Annual report on immigration applications made by victims of
abuse.
Sec. 808. Protection for children of VAWA self-petitioners.
Sec. 809. Public charge.
Sec. 810. Age-Out Protection for U Visa Applicants.
Sec. 811. Hardship waivers.
Sec. 812. Disclosure of Information for National Security Purpose.
Sec. 813. GAO report on requirements to cooperate with law enforcement
officials.
Sec. 814. Consideration of other evidence.
TITLE IX--SAFETY FOR INDIAN WOMEN
Sec. 901. Grants to Indian tribal governments.
Sec. 902. Grants to Indian tribal coalitions.
Sec. 903. Consultation.
Sec. 904. Analysis and research on violence against Indian women.
Sec. 905. Assistant United States attorney domestic violence tribal
liaisons.
TITLE X--CRIMINAL PROVISIONS
Sec. 1001. Criminal provisions relating to sexual abuse.
Sec. 1002. Sexual abuse in custodial settings.
Sec. 1003. Criminal provision relating to stalking, including
cyberstalking.
Sec. 1004. Amendments to the Federal assault statute.
Sec. 1005. Mandatory minimum sentence.
SEC. 3. VAWA DEFINITIONS AND GRANT CONDITIONS.
(a) Definitions.--Subsection (a) of section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)) is amended--
(1) in paragraph (2), by inserting ``to an unemancipated
minor'' after ``serious harm'';
(2) in paragraph (3), by striking ``an organization'' and
inserting ``a nonprofit, nongovernmental, or tribal
organization that serves a specific geographic community'';
(3) in paragraph (6) by inserting ``or intimate partner''
after ``former spouse'' and after ``as a spouse'';
(4) by amending paragraph (16) to read as follows:
``(16) Legal assistance.--The term `legal assistance'--
``(A) includes assistance to adult and youth victims
of domestic violence, dating violence, sexual assault,
and stalking in--
``(i) family, tribal, territorial,
immigration, employment, administrative agency,
housing matters, campus administrative or
protection or stay away order proceedings, and
other similar matters; and
``(ii) criminal justice investigations,
prosecutions and post-trial matters (including
sentencing, parole, and probation) that impact
the victim's safety and privacy; and
``(B) may include services and assistance to victims
of domestic violence, dating violence, sexual assault,
or stalking who are also victims of severe forms of
trafficking in persons as defined by section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102);
except that intake or referral, without other action, does not
constitute legal assistance.''.
(5) by amending paragraph (18) to read as follows:
``(18) Personally identifying information or personal
information.--The term `personally identifying information' or
`personal information' means individually identifying
information for or about an individual, including information
likely to disclose the location of a victim of domestic
violence, dating violence, sexual assault, or stalking,
regardless of whether the information is encoded, encrypted,
hashed, or otherwise protected, including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-mail
or Internet protocol address, or telephone or facsimile
number);
``(D) a social security number, driver license
number, passport number, or student identification
number; and
``(E) any other information, including date of birth,
racial or ethnic background, or religious affiliation,
that would serve to identify any individual.'';
(6) in paragraph (19), by striking ``services'' and inserting
``assistance'';
(7) in paragraph (21)--
(A) in subparagraph (A), by striking ``or'' after the
semicolon;
(B) in subparagraph (B)(ii), by striking the period
and inserting ``; or''; and
(C) by adding at the end the following:
``(C) any federally recognized Indian tribe.'';
(8) in paragraph (22)--
(A) by striking ``52'' and inserting ``57''; and
(B) by striking ``150,000'' and inserting
``250,000'';
(9) by amending paragraph (23) to read as follows:
``(23) Sexual assault.--The term `sexual assault' means any
nonconsensual sexual act proscribed by Federal, tribal, or
State law, including when the victim lacks capacity to
consent.'';
(10) by amending paragraph (33) to read as follows:
``(33) Underserved populations.--The term `underserved
populations' means populations who face barriers to accessing
and using victim services, and includes populations underserved
because of geographic location or religion, underserved racial
and ethnic populations, populations underserved because of
special needs (such as language barriers, disabilities,
alienage status, or age), and any other population determined
to be underserved by the Attorney General or the Secretary of
Health and Human Services, as appropriate.'';
(11) by amending paragraph (37) to read as follows:
``(37) Youth.--The term `youth' means a person who is 11 to
24 years of age.'';
(12) by adding at the end the following new paragraphs:
``(38) Alaska native village.--The term `Alaska Native
village' has the same meaning given such term in the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
``(39) Child.--The term `child' means a person who is under
11 years of age.
``(40) Culturally specific.--The term `culturally specific'
(except when used as part of the term `culturally specific
services') means primarily composed of racial and ethnic
minority groups (as defined in section 1707(g) of the Public
Health Service Act (42 U.S.C. 300u-6(g))).
``(41) Culturally specific services.--The term `culturally
specific services' means community-based services and resources
that are culturally relevant and linguistically specific to
culturally specific communities.
``(42) Homeless, homeless individual, homeless person.--The
terms `homeless', `homeless individual', and `homeless
person'--
``(A) mean an individual who lacks a fixed, regular,
and adequate nighttime residence; and
``(B) includes--
``(i) an individual who--
``(I) is sharing the housing of other
persons due to loss of housing,
economic hardship, or a similar reason;
``(II) is living in a motel, hotel,
trailer park, or campground due to the
lack of alternative adequate
accommodations;
``(III) is living in an emergency or
transitional shelter;
``(IV) is abandoned in a hospital; or
``(V) is awaiting foster care
placement;
``(ii) an individual who has a primary
nighttime residence that is a public or private
place not designed for or ordinarily used as a
regular sleeping accommodation for human
beings; or
``(iii) migratory children (as defined in
section 1309 of the Elementary and Secondary
Education Act of 1965; 20 U.S.C. 6399) who
qualify as homeless under this section because
the children are living in circumstances
described in this paragraph.
``(43) Population specific organization.--The term
`population specific organization' means a nonprofit,
nongovernmental organization that primarily serves members of a
specific underserved population and has demonstrated experience
and expertise providing targeted services to members of that
specific underserved population.
``(44) Population specific services.--The term `population
specific services' means victim services that--
``(A) address the safety, health, economic, legal,
housing, workplace, immigration, confidentiality, or
other needs of victims of domestic violence, dating
violence, sexual assault, or stalking; and
``(B) are designed primarily for, and are targeted
to, a specific underserved population.
``(45) Rape crisis center.--The term `rape crisis center'
means--
``(A) a nonprofit, nongovernmental, or tribal
organization that provides intervention and related
assistance, as specified in section 41601(b)(2)(C), to
victims of sexual assault without regard to the age of
the victims; or
``(B) a governmental entity that--
``(i) is located in a State other than a
Territory;
``(ii) provides intervention and related
assistance, as specified in section
41601(b)(2)(C), to victims of sexual assault
without regard to the age of the victims;
``(iii) is not a law enforcement agency or
other entity that is part of the criminal
justice system; and
``(iv) offers a level of confidentiality to
victims that is comparable to a nonprofit
entity that provides similar victim services.
``(46) Sex trafficking.--The term `sex trafficking' means any
conduct proscribed by section 1591 of title 18, United States
Code, whether or not the conduct occurs in interstate or
foreign commerce or within the special maritime and territorial
jurisdiction of the United States.
``(47) Tribal coalition.--The term `tribal coalition' means
an established nonprofit, nongovernmental Indian organization,
Alaska Native organization, or a Native Hawaiian organization
that--
``(A) provides education, support, and technical
assistance to member Indian service providers in a
manner that enables those member providers to establish
and maintain culturally appropriate services, including
shelter and rape crisis services, designed to assist
Indian women and the dependents of those women who are
victims of domestic violence, dating violence, sexual
assault, and stalking; and
``(B) is comprised of board and general members that
are representative of--
``(i) the member service providers described
in subparagraph (A); and
``(ii) the tribal communities in which the
services are being provided.
``(48) Unit of local government.--The term `unit of local
government' means any city, county, township, town, borough,
parish, village, or other general purpose political subdivision
of a State.
``(49) Victim services.--The term `victim services'--
``(A) means services provided to victims of domestic
violence, dating violence, sexual assault, or stalking,
including telephonic or web-based hotlines, legal
advocacy, economic advocacy, emergency and transitional
shelter, accompaniment and advocacy through medical,
civil or criminal justice, immigration, and social
support systems, crisis intervention, short-term
individual and group support services, information and
referrals, culturally specific services, population
specific services, and other related supportive
services; and
``(B) may include services and assistance to victims
of domestic violence, dating violence, sexual assault,
or stalking who are also victims of severe forms of
trafficking in persons as defined by section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
``(50) Victim service provider.--The term `victim service
provider' means a nonprofit, nongovernmental or tribal
organization or rape crisis center, including a State sexual
assault coalition or tribal coalition, that--
``(A) assists domestic violence, dating violence,
sexual assault, or stalking victims, including domestic
violence shelters, faith-based organizations, and other
organizations; and
``(B) has a documented history of effective work
concerning domestic violence, dating violence, sexual
assault, or stalking.''; and
(13) by striking paragraphs (17), (29), and (36), and then
reordering the remaining paragraphs of such subsection
(including the paragraphs added by paragraph (12) of this
subsection) in alphabetical order based on the headings of such
paragraphs, and renumbering such paragraphs as so reordered.
(b) Grants Conditions.--Subsection (b) of section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by amending clauses (i) and
(ii) to read as follows:
``(i) disclose, reveal, or release any
personally identifying information or
individual information collected in connection
with services requested, utilized, or denied
through grantees' and subgrantees' programs,
regardless of whether the information has been
encoded, encrypted, hashed, or otherwise
protected; or
``(ii) disclose, reveal, or release
individual client information without the
informed, written, reasonably time-limited
consent of the person (or in the case of an
unemancipated minor, the minor and the parent
or guardian or in the case of legal incapacity,
a court-appointed guardian) about whom
information is sought, whether for this program
or any other Federal, State, tribal, or
territorial grant program, except that--
``(I) consent for release may not be
given by the abuser of the minor,
incapacitated person, or the abuser of
the other parent of the minor; and
``(II) if a minor or a person with a
legally appointed guardian is permitted
by law to receive services without the
parent's or guardian's consent, such
minor or person with a guardian may
release information without additional
consent.'';
(B) by amending subparagraph (D), to read as follows:
``(D) Information sharing.--
``(i) In general.--Grantees and subgrantees
may share--
``(I) nonpersonally identifying data
in the aggregate regarding services to
their clients and nonpersonally
identifying demographic information in
order to comply with Federal, State,
tribal, or territorial reporting,
evaluation, or data collection
requirements;
``(II) court-generated information
and law enforcement-generated
information contained in secure,
governmental registries for protection
order enforcement purposes; and
``(III) law enforcement-generated and
prosecution-generated information
necessary for law enforcement,
intelligence, national security, or
prosecution purposes.
``(ii) Limitations.--Grantees and subgrantees
may not--
``(I) require an adult, youth, or
child victim of domestic violence,
dating violence, sexual assault, or
stalking to provide a consent to
release his or her personally
identifying information as a condition
of eligibility for the services
provided by the grantee or subgrantee;
or
``(II) share any personally
identifying information in order to
comply with Federal reporting,
evaluation, or data collection
requirements, whether for this program
or any other Federal grant program.'';
(C) by redesignating subparagraph (E) as subparagraph
(F);
(D) by inserting after subparagraph (D) the
following:
``(E) Statutorily mandated reports of abuse or
neglect.--Nothing in this paragraph prohibits a grantee
or subgrantee from reporting suspected abuse or
neglect, as those terms are defined by law, when
specifically mandated by the State or tribe
involved.''; and
(E) by adding at the end the following new
subparagraph:
``(G) Confidentiality assessment and assurances.--
Grantees and subgrantees shall certify their compliance
with the confidentiality and privacy provisions
required under this section.'';
(2) by striking paragraph (3) and inserting the following:
``(3) Approved activities.--In carrying out the activities
under this title, grantees and subgrantees may collaborate with
and provide information to Federal, State, local, tribal, and
territorial public officials and agencies to develop and
implement policies, and develop and promote State, local, or
tribal legislation or model codes, designed to reduce or
eliminate domestic violence, dating violence, sexual assault,
and stalking.'';
(3) in paragraph (7), by inserting at the end the following:
``Final reports of such evaluations shall be made publically
available on the website of the disbursing agency.''; and
(4) by inserting after paragraph (11) the following:
``(12) Delivery of legal assistance.--Any grantee or
subgrantee providing legal assistance with funds awarded under
this title shall comply with the eligibility requirements in
section 1201(d) of the Violence Against Women Act of 2000 (42
U.S.C. 3796gg-6(d)).
``(13) Civil rights.--
``(A) Nondiscrimination.--No person in any State
shall on the basis of actual or perceived race, color,
religion, national origin, sex, or disability be
excluded from participation in, be denied the benefits
of, or be subjected to discrimination under, any
program or activity funded in whole or in part with
funds made available under the Violence Against Women
Act of 1994 (title IV of Public Law 103-322; 108 Stat.
1902), the Violence Against Women Act of 2000 (division
B of Public Law 106-386; 114 Stat. 1491), the Violence
Against Women and Department of Justice Reauthorization
Act of 2005 (title IX of Public Law 109-162; 119 Stat.
3080), the Violence Against Women Reauthorization Act
of 2012, or any other program or activity funded in
whole or in part with funds appropriated for grants,
cooperative agreements, and other assistance
administered by the Office on Violence Against Women.
``(B) Reasonable accommodation.--Nothing in this
paragraph shall prevent consideration of an
individual's gender for purposes of a program or
activity described in subparagraph (A) if the grantee
involved determines that gender segregation or gender-
specific programming is necessary to the essential
operation of such program or activity. In such a case,
alternative reasonable accommodations are sufficient to
meet the requirements of this paragraph.
``(C) Application.--The provisions of paragraphs (2)
through (4) of section 809(c) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3789d(c)) shall apply to violations of subparagraph
(A).
``(D) Rule of construction.--Nothing in this
paragraph shall be construed, interpreted, or applied
to supplant, displace, preempt, or otherwise diminish
the responsibilities and liabilities of grantees under
other Federal or State civil rights law, whether
statutory or common.''.
(c) Conforming Amendment.--Section 41403(6) of the Violence Against
Women Act of 1994 (14043e-2(6)) is amended to read as follows:
``(6) the terms `homeless', `homeless individual', and
`homeless person' have the meanings given such terms in section
40002(a);''.
SEC. 4. ACCOUNTABILITY PROVISIONS.
(a) Requirement for DOJ Grant Applicants To Include Certain
Information About Federal Grants in DOJ Grant Applications.--Each
applicant for a grant from the Department of Justice shall submit, as
part of the application for the grant, the following information:
(1) A list of each Federal grant the applicant applied for
during the one-year period preceding the date of submission of
the application.
(2) A list of each Federal grant the applicant received
during the five-year period preceding the date of submission of
the application.
(b) Enhancing Grant Efficiency and Coordination.--
(1) In general.--The Attorney General, in consultation with
the Secretary of Health and Human Services, shall, to the
greatest extent practicable, take actions to further the
coordination of the administration of grants within the
Department of Justice to increase the efficiency of such
administration.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall submit to the
Committee on the Judiciary and the Committee on Appropriations
of the Senate and the Committee on the Judiciary and the
Committee on Appropriations of the House of Representatives a
report on the actions taken by the Attorney General under
paragraph (1) and the progress of such actions in achieving
coordination described in such paragraph.
(c) Requiring Office of Audit, Assessment, and Management Functions
To Apply to VAWA Grants.--
(1) In general.--Section 109(b) of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended--
(A) by redesignating paragraph (3) as paragraph (4);
and
(B) by inserting after paragraph (2), the following
new paragraph:
``(3) Any program or activity funded in whole or in part with
funds made available under the Violence Against Women Act of
1994 (title IV of Public Law 103-322; 108 Stat. 1902), the
Violence Against Women Act of 2000 (division B of Public Law
106-386; 114 Stat. 1491), the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (title IX of
Public Law 109-162; 119 Stat. 3080), the Violence Against Women
Reauthorization Act of 2012, or any other program or activity
funded in whole or in part with funds appropriated for grants,
cooperative agreements, and other assistance administered by
the Office on Violence Against Women.''.
(2) Effective date.--The amendments made by subsection (a)
shall apply with respect to grant periods beginning on or after
the date of the enactment of this Act.
(d) VAWA Grant Accountability.--Section 40002 of the Violence Against
Women Act of 1994 (42 U.S.C. 13925) is further amended by adding at the
end the following:
``(c) Accountability.--All grants awarded under this title shall be
subject to the following accountability provisions:
``(1) Audit requirement.--Beginning in fiscal year 2013, and
in each fiscal year thereafter, the Inspector General of the
Department of Justice or the Inspector General of the
Department of Health and Human Services, as applicable, shall
conduct an audit of not fewer than 10 percent of all grantees
under this title to prevent waste, fraud, and abuse of funds by
such grantees.
``(2) Mandatory exclusion.--A grantee described in paragraph
(1) that is found by the Inspector General of the Department of
Justice or the Inspector General of the Department of Health
and Human Services, as applicable, to have an unresolved audit
finding (as defined in paragraph (5)) shall not be eligible to
receive grant funds under this title during the 2 fiscal years
beginning after the 12-month period described in such
paragraph.
``(3) Reimbursement.--If an entity is awarded grant funds
under this title during any period in which the entity is
prohibited from receiving funds under paragraph (2), the head
of the Federal agency administering a grant program under this
title shall--
``(A) deposit into the General Fund of the Treasury
an amount equal to the grant funds that were improperly
awarded to the grantee; and
``(B) seek to recoup the costs of the repayment to
the Fund from the entity that was erroneously awarded
such grant funds.
``(4) Unresolved audit finding defined.--In this subsection,
the term `unresolved audit finding' means, with respect to a
grantee described in paragraph (1), an audit report finding,
statement, or recommendation by the Inspector General of the
Department of Justice or the Inspector General of the
Department of Health and Human Service, as applicable, that the
grantee has utilized grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not closed or
resolved within 12 months from the date of an initial
notification of the finding, statement, or recommendation.
``(5) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph,
the term `nonprofit organization' means an organization
that is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and is exempt from taxation under
section 501(a) of such Code.
``(B) Prohibition.--The Attorney General shall not
award a grant under any grant program under this title
to a nonprofit organization that holds money in
offshore accounts for the purpose of avoiding paying
the tax described in section 511(a) of the Internal
Revenue Code of 1986.
``(6) Administrative expenses.--Unless otherwise explicitly
provided in authorizing legislation, not more than 5.0 percent
of the amounts authorized to be appropriated under this title
may be used by the Attorney General for salaries and
administrative expenses of the Office on Violence Against
Women.
``(7) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be
appropriated to the Department of Justice or Department
of Health and Human Services under this title may be
used by the Attorney General, the Secretary of Health
and Human Services, or by any individual or
organization awarded funds under this title, to host or
support any expenditure for conferences, unless in the
case of the Department of Justice, the Deputy Attorney
General or the appropriate Assistant Attorney General,
or in the case of the Department of Health and Human
Services the Deputy Secretary, provides prior written
authorization that the funds may be expended to host or
support any expenditure for such a conference.
``(B) Written approval.--Written authorization under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food and beverages, audio/visual equipment,
honoraria for speakers, and any entertainment.
``(C) Report.--The Deputy Attorney General and Deputy
Secretary of Health and Human Services shall submit an
annual report to the Committee on the Judiciary and the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on the Judiciary and the
Committee on Energy and Commerce of the House of
Representatives on all conference expenditures approved
and denied during the fiscal year for which the report
is submitted.
``(8) Prohibition on lobbying activity.--
``(A) In general.--Amounts authorized to be
appropriated under this title may not be utilized by
any grantee or subgrantee to lobby any representative
of the Federal Government (including the Department of
Justice) or a State, local, or tribal government
regarding the award of grant funding.
``(B) Penalty.--If the Attorney General determines
that any grantee or subgrantee receiving funds under
this title has violated subparagraph (A), the Attorney
General shall--
``(i) require the grantee or subgrantee to
repay such funds in full; and
``(ii) prohibit the grantee or subgrantee
from receiving any funds under this title for
not less than 5 years.
``(9) Annual certification.--Beginning in the first fiscal
year beginning after the date of the enactment of the Violence
Against Women Reauthorization Act of 2012, the Assistant
Attorney General for the Office of Justice Programs, the
Director of the Office on Violence Against Women, and the
Deputy Secretary for Health and Human Services shall submit to
the Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the Judiciary
and the Committee on Appropriations of the House of
Representatives a certification for such year that--
``(A) all audits issued by the Office of the
Inspector General under paragraph (1) have been
completed and reviewed by the Assistant Attorney
General for the Office of Justice Programs;
``(B) all mandatory exclusions required under
paragraph (2) have been issued;
``(C) all reimbursements required under paragraph (3)
have been made; and
``(D) includes a list of any grantees and subgrantees
excluded during the previous year under paragraph
(2).''.
SEC. 5. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, the provisions
of titles I, II, III, IV, VII, and sections 3, 602, 901, and 902 of
this Act shall not take effect until the first day of the fiscal year
following the date of enactment of this Act.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
SEC. 101. STOP GRANTS.
(a) STOP Grants.--Part T of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) in section 2001(b) (42 U.S.C. 3796gg(b)), as amended by
paragraph (2)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``equipment'' and inserting
``resources''; and
(ii) by inserting ``for the protection and
safety of victims,'' before ``and
specifically,'';
(B) in paragraph (1), by striking ``sexual assault''
and all that follows through ``dating violence'' and
inserting ``domestic violence, dating violence, sexual
assault, and stalking'';
(C) in paragraph (2), by striking ``sexual assault
and domestic violence'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking'';
(D) in paragraph (3), by striking ``sexual assault
and domestic violence'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking, as well as the appropriate treatment of
victims'';
(E) in paragraph (4)--
(i) by inserting ``, classifying,'' after
``identifying''; and
(ii) by striking ``sexual assault and
domestic violence'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking'';
(F) in paragraph (5)--
(i) by inserting ``and legal assistance''
after ``victim services'';
(ii) by striking ``sexual assault and
domestic violence'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking''; and
(iii) by striking ``including crimes'' and
all that follows and inserting ``including
crimes of domestic violence, dating violence,
sexual assault, and stalking;'';
(G) by striking paragraph (6) and redesignating
paragraphs (7) through (14) as paragraphs (6) through
(13), respectively;
(H) in paragraph (6), as so redesignated by
subparagraph (G), by striking ``sexual assault and
domestic violence'' and inserting ``domestic violence,
dating violence, sexual assault, and stalking'';
(I) in paragraph (7), as so redesignated by
subparagraph (G), by striking ``and dating violence''
and inserting ``dating violence, and stalking'';
(J) in paragraph (9), as so redesignated by
subparagraph (G)--
(i) by striking ``domestic violence or sexual
assault'' and inserting ``domestic violence,
dating violence, sexual assault, or stalking'';
and
(ii) by striking ``such violence or assault''
and inserting ``such violence, assault, or
stalking'';
(K) in paragraph (12), as so redesignated by
subparagraph (G)--
(i) in subparagraph (A), by striking ``triage
protocols to ensure that dangerous or
potentially lethal cases are identified and
prioritized'' and inserting ``the use of
evidence-based indicators to assess the risk of
domestic and dating violence homicide and
prioritize dangerous or potentially lethal
cases''; and
(ii) in subparagraph (D), by striking ``and''
at the end;
(L) in paragraph (13), as so redesignated by
subparagraph (G)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``to provide'' and
inserting ``providing'';
(II) by striking ``nonprofit
nongovernmental''; and
(III) by striking the comma after
``local governments'';
(ii) by inserting ``and'' after the semicolon
in subparagraph (B); and
(iii) by striking the period at the end of
subparagraph (C) and inserting a semicolon;
(M) by inserting after paragraph (13), as so
redesignated by subparagraph (G), the following:
``(14) developing and promoting State, local, or tribal
legislation and policies that enhance best practices for
responding to domestic violence, dating violence, sexual
assault, and stalking;
``(15) developing, implementing, or enhancing Sexual Assault
Response Teams, or other similar coordinated community
responses to sexual assault;
``(16) developing and strengthening policies, protocols, best
practices, and training for law enforcement agencies and
prosecutors relating to the investigation and prosecution of
sexual assault cases and the appropriate treatment of victims;
``(17) developing, enlarging, or strengthening programs
addressing sexual assault against men, women, and youth in
correctional and detention settings;
``(18) identifying and conducting inventories of backlogs of
sexual assault evidence collection kits and developing
protocols and policies for responding to and addressing such
backlogs, including protocols and policies for notifying and
involving victims; and
``(19) with not more than 5 percent of the total amount
allocated to a State for this part, developing, enhancing, or
strengthening prevention and educational programming to address
domestic violence, dating violence, sexual assault, or
stalking.''; and
(N) in the flush text at the end, by striking
``paragraph (14)'' and inserting ``paragraph (13)'';
(2) in section 2007 (42 U.S.C. 3796gg-1)--
(A) in subsection (a), by striking ``nonprofit
nongovernmental victim services programs'' and
inserting ``victim service providers'';
(B) in subsection (b)(6), by striking ``(not
including populations of Indian tribes)'';
(C) in subsection (c)--
(i) by amending paragraph (2) to read as
follows:
``(2) grantees and subgrantees shall develop a plan for
implementation and may consult and coordinate with--
``(A) the State sexual assault coalition;
``(B) the State domestic violence coalition;
``(C) the law enforcement entities within the State;
``(D) prosecution offices;
``(E) State and local courts;
``(F) tribal governments or tribal coalitions in
those States with State or federally recognized Indian
tribes;
``(G) representatives from underserved populations;
``(H) victim service providers;
``(I) population specific organizations; and
``(J) other entities that the State or the Attorney
General identifies as necessary for the planning
process;'';
(ii) by striking paragraph (4);
(iii) by redesignating paragraph (3) as
paragraph (4);
(iv) by inserting after paragraph (2) the
following:
``(3) grantees shall coordinate the State implementation plan
described in paragraph (2) with the State plans described in
section 307 of the Family Violence Prevention and Services Act
(42 U.S.C. 10407) and the plans described in the Victims of
Crime Act of 1984 (42 U.S.C. 10601 et seq.) and section 393A of
the Public Health Service Act (42 U.S.C. 280b-1b); and''; and
(v) in paragraph (4), as so redesignated by
clause (iii)--
(I) in subparagraph (A), by striking
``and not less than 25 percent shall be
allocated for prosecutors'';
(II) by redesignating subparagraphs
(B) and (C) as subparagraphs (D) and
(E);
(III) by inserting after subparagraph
(A), the following:
``(B) not less than 25 percent shall be allocated for
prosecutors;
``(C) for each fiscal year beginning on or after the
date that is 2 years after the date of enactment of the
Violence Against Women Reauthorization Act of 2012, not
less than 20 percent shall be allocated for programs or
projects that meaningfully address sexual assault,
including stranger rape, acquaintance rape, alcohol or
drug-facilitated rape, and rape within the context of
an intimate partner relationship;'';
(IV) in subparagraph (D), as so
redesignated by subclause (II), by
striking ``culturally specific
community-based'' and inserting
``population specific''; and
(V) in subparagraph (E), as so
redesignated by subclause (II), by
striking ``; and'' and inserting a
period;
(D) by amending subsection (d) to read as follows:
``(d) Application Requirements.--An application for a grant under
this part shall include--
``(1) the certifications of qualification required under
subsection (c);
``(2) proof of compliance with the requirements for the
payment of forensic medical exams and judicial notification,
described in section 2010;
``(3) proof of compliance with the requirements for paying
fees and costs relating to domestic violence and protection
order cases described in section 2011;
``(4) proof of compliance with the requirements prohibiting
polygraph examinations of victims of sexual assault described
in section 2013;
``(5) an implementation plan required under subsection (i);
and
``(6) any other documentation that the Attorney General may
require.'';
(E) in subsection (e)--
(i) in paragraph (2)--
(I) in subparagraph (A), by striking
``domestic violence and sexual
assault'' and inserting ``domestic
violence, dating violence, sexual
assault, and stalking''; and
(II) in subparagraph (D), by striking
``linguistically and culturally'' and
inserting ``population''; and
(ii) by adding at the end the following:
``(3) Conditions.--In disbursing grants under this part, the
Attorney General may impose reasonable conditions on grant
awards disbursed after the date of enactment of the Violence
Against Women Reauthorization Act of 2012 to ensure that the
States meet statutory, regulatory, and other programs
requirements.'';
(F) in subsection (f), by striking the period at the
end and inserting ``, except that, for purposes of this
subsection, the costs of the projects for victim
services or tribes for which there is an exemption
under section 40002(b)(1) of the Violence Against Women
Act of 1994 (42 U.S.C. 13925(b)(1)) shall not count
toward the total costs of the projects.''; and
(G) by adding at the end the following:
``(i) Implementation Plans.--A State applying for a grant under this
part shall--
``(1) develop an implementation plan in consultation with
representatives of the entities listed in subsection (c)(2),
that identifies how the State will use the funds awarded under
this part; and
``(2) submit to the Attorney General as part of the
application submitted in accordance with subsection (d)--
``(A) the implementation plan developed under
paragraph (1);
``(B) documentation from each member of the planning
committee with respect to the member's participation in
the planning process;
``(C) documentation from the prosecution, law
enforcement, court, and victim services programs to be
assisted, describing--
``(i) the need for the grant funds;
``(ii) the intended use of the grant funds;
``(iii) the expected result of the grant
funds; and
``(iv) the demographic characteristics of the
populations to be served, including age,
disability, race, ethnicity, and language
background;
``(D) a description of how the State will ensure that
any subgrantees will consult with victim service
providers during the course of developing their grant
applications to ensure that the proposed activities are
designed to promote the safety, confidentiality, and
economic independence of victims;
``(E) demographic data on the distribution of
underserved populations within the State and a
description of how the State will meet the needs of
underserved populations, including the minimum
allocation for population specific services required
under subsection (c)(4)(C);
``(F) a description of how the State plans to meet
the requirements pursuant to regulations issued under
subsection (e)(2);
``(G) goals and objectives for reducing domestic and
dating violence-related homicides within the State; and
``(H) any other information requested by the Attorney
General.
``(j) Reallocation of Funds.--A State may use any returned or
remaining funds for any authorized purpose under this part if--
``(1) funds from a subgrant awarded under this part are
returned to the State; or
``(2) the State does not receive sufficient eligible
applications to award the full funding within the allocations
under subsection (c)(4).'';
(3) in section 2010 (42 U.S.C. 3796gg-4)--
(A) in subsection (a), by amending paragraph (1) to
read as follows:
``(1) In general.--A State, Indian tribal government, or unit
of local government shall not be entitled to funds under this
subchapter unless the State, Indian tribal government, unit of
local government, or another governmental entity--
``(A) incurs the full out-of-pocket cost of forensic
medical exams described in subsection (b) for victims
of sexual assault; and
``(B) coordinates with health care providers in the
region to notify victims of sexual assault of the
availability of rape exams at no cost to the
victims.'';
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``or''
after the semicolon;
(ii) in paragraph (2), by striking ``; or''
and inserting a period; and
(iii) by striking paragraph (3);
(C) in subsection (c), by striking ``, except that
such funds'' and all that follows and inserting a
period; and
(D) by amending subsection (d) to read as follows:
``(d) Noncooperation.--
``(1) In general.--To be in compliance with this section, a
State, Indian tribal government, or unit of local government
shall comply with subsection (b) without regard to whether the
victim participates in the criminal justice system or
cooperates with law enforcement.
``(2) Compliance period.--States, territories, and Indian
tribal governments shall have 3 years from the date of
enactment of the Violence Against Women Reauthorization Act of
2012 to come into compliance with this subsection.''; and
(4) in section 2011(a)(1) (42 U.S.C. 3796gg-5(a)(1))--
(A) by inserting ``modification, enforcement,
dismissal,'' after ``registration,'' each place it
appears; and
(B) by striking ``domestic violence, stalking, or
sexual assault'' and inserting ``domestic violence,
dating violence, sexual assault, or stalking''.
(b) Authorization of Appropriations.--Section 1001(a)(18) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(18)), is amended by striking ``$225,000,000 for each of fiscal
years 2007 through 2011'' and inserting ``$222,000,000 for each of
fiscal years 2013 through 2017''.
SEC. 102. GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF
PROTECTION ORDERS.
(a) In General.--Part U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--
(1) in section 2101 (42 U.S.C. 3796hh)--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1), by
striking ``States,'' and all that follows
through ``units of local government'' and
inserting ``grantees'';
(ii) in paragraph (1), by inserting ``and
enforcement of protection orders across State
and tribal lines'' before the period;
(iii) in paragraph (2), by striking ``and
training in police departments to improve
tracking of cases'' and inserting ``data
collection systems, and training in police
departments to improve tracking of cases and
classification of complaints'';
(iv) in paragraph (4), by inserting ``and
provide the appropriate training and education
about domestic violence, dating violence,
sexual assault, and stalking'' after ``computer
tracking systems'';
(v) in paragraph (5), by inserting ``and
other victim services'' after ``legal advocacy
service programs'';
(vi) in paragraph (6), by striking ``judges''
and inserting ``Federal, State, tribal,
territorial, and local judges, and court-based
and court-related personnel'';
(vii) in paragraph (8), by striking ``and
sexual assault'' and inserting ``, dating
violence, sexual assault, and stalking'';
(viii) in paragraph (10), by striking ``non-
profit, non-governmental victim services
organizations,'' and inserting ``victim service
providers, population specific
organizations,''; and
(ix) by adding at the end the following:
``(14) To develop and implement training programs for
prosecutors and other prosecution-related personnel regarding
best practices to ensure offender accountability, victim
safety, and victim consultation in cases involving domestic
violence, dating violence, sexual assault, and stalking.
``(15) To develop or strengthen policies, protocols, and
training for law enforcement officers, prosecutors, and the
judiciary in recognizing, investigating, and prosecuting
instances of domestic violence, dating violence, sexual
assault, and stalking.
``(16) To develop and promote State, local, or tribal
legislation and policies that enhance best practices for
responding to the crimes of domestic violence, dating violence,
sexual assault, and stalking, including the appropriate
treatment of victims.
``(17) To develop, implement, or enhance sexual assault nurse
examiner programs or sexual assault forensic examiner programs,
including the hiring and training of such examiners.
``(18) To develop, implement, or enhance Sexual Assault
Response Teams or similar coordinated community responses to
sexual assault.
``(19) To develop and strengthen policies, protocols, and
training for law enforcement officers and prosecutors regarding
the investigation and prosecution of sexual assault cases and
the appropriate treatment of victims of sexual assault.
``(20) To provide the following human immunodeficiency virus
services for victims of sexual assault:
``(A) Testing.
``(B) Counseling.
``(C) Prophylaxis.
``(21) To identify and inventory backlogs of sexual assault
evidence collection kits and to develop protocols for
responding to and addressing such backlogs, including policies
and protocols for notifying and involving victims.
``(22) To develop multidisciplinary high-risk teams focusing
on reducing domestic violence and dating violence homicides
by--
``(A) using evidence-based indicators to assess the
risk of homicide and link high-risk victims to
immediate crisis intervention services;
``(B) identifying and managing high-risk offenders;
and
``(C) providing ongoing victim advocacy and referrals
to comprehensive services including legal, housing,
health care, and economic assistance.'';
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by inserting ``except
for a court,'' before ``certify''; and
(II) by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii),
respectively, and adjusting the margin
accordingly;
(ii) in paragraph (2), by inserting ``except
for a court,'' before ``demonstrate'';
(iii) in paragraph (4)--
(I) by inserting ``modification,
enforcement, dismissal,'' after
``registration,'' each place it
appears;
(II) by inserting ``dating
violence,'' after the second occurrence
of ``domestic violence,''; and
(III) by striking ``and'' at the end;
(iv) in paragraph (5)--
(I) in the matter preceding
subparagraph (A), by striking ``, not
later than 3 years after the date of
enactment of this section,'';
(II) by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii),
respectively, and adjusting the margin
accordingly;
(III) in clause (ii), as redesignated
by subclause (II) of this clause, by
striking ``subparagraph (A)'' and
inserting ``clause (i)''; and
(IV) by striking the period at the
end and inserting ``; and'';
(v) by redesignating paragraphs (1) through
(5), as amended by this subparagraph, as
subparagraphs (A) through (E), respectively;
(vi) in the matter preceding subparagraph
(A), as redesignated by clause (v) of this
subparagraph--
(I) by striking the second comma; and
(II) by striking ``grantees are
States'' and inserting the following:
``grantees are--
``(1) States''; and
(vii) by adding at the end the following:
``(2) a State, tribal, or territorial domestic violence or
sexual assault coalition or a victim service provider that
partners with a State, Indian tribal government, or unit of
local government that certifies that the State, Indian tribal
government, or unit of local government meets the requirements
under paragraph (1).'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by inserting ``,
policy,'' after ``law''; and
(II) in subparagraph (A), by
inserting ``and the defendant is in
custody or has been served with the
information or indictment'' before the
semicolon; and
(ii) in paragraph (2), by striking ``it'' and
inserting ``its''; and
(D) by adding at the end the following:
``(f) Allocation for Tribal Coalitions.--Of the amounts appropriated
for purposes of this part for each fiscal year, not less than 5 percent
shall be available for grants under section 2001(d) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)).
``(g) Allocation for Sexual Assault.--Of the amounts appropriated for
purposes of this part for each fiscal year, not less than 25 percent
shall be available for projects that address sexual assault, including
stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and
rape within the context of an intimate partner relationship.''; and
(2) in section 2102(a) (42 U.S.C. 3796hh-1(a))--
(A) in paragraph (1), by inserting ``court,'' after
``tribal government,''; and
(B) in paragraph (4), by striking ``nonprofit,
private sexual assault and domestic violence programs''
and inserting ``victim service providers and, as
appropriate, population specific organizations''.
(b) Authorization of Appropriations.--Section 1001(a)(19) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(19)) is amended--
(1) by striking ``$75,000,000'' and all that follows through
``2011'' and inserting ``$73,000,000 for each of fiscal years
2013 through 2017''; and
(2) by striking the second period.
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.
Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C.
3796gg-6) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``arising as a
consequence of'' and inserting ``relating to or arising
out of''; and
(B) in the second sentence, by inserting ``or arising
out of'' after ``relating to'';
(2) in subsection (b)--
(A) in the heading, by inserting ``and Grant
Conditions'' after ``Definitions''; and
(B) by inserting ``and grant conditions'' after
``definitions'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``victim services
organizations'' and inserting ``victim service
providers''; and
(B) by striking paragraph (3) and inserting the
following:
``(3) to implement, expand, and establish efforts and
projects to provide competent, supervised pro bono legal
assistance for victims of domestic violence, dating violence,
sexual assault, or stalking.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``subsection (c)
has completed'' and all that follows and inserting the
following: ``this section--''
``(A) has demonstrated expertise in providing legal
assistance or advocacy to victims of domestic violence,
dating violence, sexual assault, or stalking in the
targeted population; or
``(B)(i) is partnered with an entity or person that
has demonstrated expertise described in subparagraph
(A); and
``(ii) has completed, or will complete, training in
connection with domestic violence, dating violence,
stalking, or sexual assault and related legal issues,
including training on evidence-based risk factors for
domestic and dating violence homicide;''; and
(B) in paragraph (2), by striking ``stalking
organization'' and inserting ``stalking victim service
provider''; and
(5) in subsection (f)--
(A) in paragraph (1), by striking ``this section''
and all that follows through the period at the end and
inserting ``this section $57,000,000 for each of fiscal
years 2013 through 2017.''; and
(B) in paragraph (2), by adding at the end the
following new subparagraph:
``(D) Of the amount made available under this
subsection in each fiscal year, not more than 10
percent may be used for purposes described in
subsection (c)(3).''.
SEC. 104. CONSOLIDATION OF GRANTS TO SUPPORT FAMILIES IN THE JUSTICE
SYSTEM.
(a) In General.--Title III of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law 106-386;
114 Stat. 1509) is amended by striking the section preceding section
1302 (42 U.S.C. 10420), as amended by section 306 of the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162; 119 Stat. 3016), and inserting the following:
``SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION IMPROVEMENTS.
``(a) In General.--The Attorney General may make grants to States,
units of local government, courts (including juvenile courts), Indian
tribal governments, nonprofit organizations, legal services providers,
and victim services providers to improve the response of all aspects of
the civil and criminal justice system to families with a history of
domestic violence, dating violence, sexual assault, or stalking, or in
cases involving allegations of child sexual abuse.
``(b) Use of Funds.--A grant under this section may be used to--
``(1) provide supervised visitation and safe visitation
exchange of children and youth by and between parents in
situations involving domestic violence, dating violence, child
sexual abuse, sexual assault, or stalking;
``(2) develop and promote State, local, and tribal
legislation, policies, and best practices for improving civil
and criminal court functions, responses, practices, and
procedures in cases involving a history of domestic violence or
sexual assault, or in cases involving allegations of child
sexual abuse, including cases in which the victim proceeds pro
se;
``(3) educate court-based and court-related personnel
(including custody evaluators and guardians ad litem) and child
protective services workers on the dynamics of domestic
violence, dating violence, sexual assault, and stalking,
including information on perpetrator behavior, evidence-based
risk factors for domestic and dating violence homicide, and on
issues relating to the needs of victims, including safety,
security, privacy, and confidentiality, including cases in
which the victim proceeds pro se;
``(4) provide adequate resources in juvenile court matters to
respond to domestic violence, dating violence, sexual assault
(including child sexual abuse), and stalking and ensure
necessary services dealing with the physical health and mental
health of victims are available;
``(5) enable courts or court-based or court-related programs
to develop or enhance--
``(A) court infrastructure (such as specialized
courts, consolidated courts, dockets, intake centers,
or interpreter services);
``(B) community-based initiatives within the court
system (such as court watch programs, victim
assistants, pro se victim assistance programs, or
community-based supplementary services);
``(C) offender management, monitoring, and
accountability programs;
``(D) safe and confidential information-storage and
information-sharing databases within and between court
systems;
``(E) education and outreach programs to improve
community access, including enhanced access for
underserved populations; and
``(F) other projects likely to improve court
responses to domestic violence, dating violence, sexual
assault, and stalking;
``(6) collect data and provide training and technical
assistance, including developing State, local, and tribal model
codes and policies, to improve the capacity of grantees and
communities to address the civil justice needs of victims of
domestic violence, dating violence, sexual assault, and
stalking who have legal representation, who are proceeding pro
se, or who are proceeding with the assistance of a legal
advocate; and
``(7) improve training and education to assist judges,
judicial personnel, attorneys, child welfare personnel, and
legal advocates in the civil justice system regarding domestic
violence, dating violence, sexual assault, stalking, or child
abuse.
``(c) Considerations.--
``(1) In general.--In making grants for purposes described in
paragraphs (1) through (6) of subsection (b), the Attorney
General shall consider--
``(A) the number of families to be served by the
proposed programs and services;
``(B) the extent to which the proposed programs and
services serve underserved populations;
``(C) the extent to which the applicant demonstrates
cooperation and collaboration with nonprofit,
nongovernmental entities in the local community with
demonstrated histories of effective work on domestic
violence, dating violence, sexual assault, or stalking,
including State or tribal domestic violence coalitions,
State or tribal sexual assault coalitions, local
shelters, and programs for domestic violence and sexual
assault victims; and
``(D) the extent to which the applicant demonstrates
coordination and collaboration with State, tribal, and
local court systems, including mechanisms for
communication and referral.
``(2) Other grants.--In making grants under subsection (b)(8)
the Attorney General shall take into account the extent to
which the grantee has expertise addressing the judicial
system's handling of family violence, child custody, child
abuse and neglect, adoption, foster care, supervised
visitation, divorce, and parentage.
``(d) Applicant Requirements.--The Attorney General may make a grant
under this section to an applicant that--
``(1) demonstrates expertise in the areas of domestic
violence, dating violence, sexual assault, stalking, or child
sexual abuse, as appropriate;
``(2) ensures that any fees charged to individuals for use of
supervised visitation programs and services are based on the
income of those individuals, unless otherwise provided by court
order;
``(3) if the applicant proposes to operate supervised
visitation programs and services or safe visitation exchange,
demonstrates that adequate security measures, including
adequate facilities, procedures, and personnel capable of
preventing violence, and adequate standards are, or will be, in
place (including the development of protocols or policies to
ensure that confidential information is not shared with courts,
law enforcement agencies, or child welfare agencies unless
necessary to ensure the safety of any child or adult using the
services of a program funded under this section);
``(4) certifies that the organizational policies of the
applicant do not require mediation or counseling involving
offenders and victims being physically present in the same
place, in cases where domestic violence, dating violence,
sexual assault, or stalking is alleged;
``(5) certifies that any person providing legal assistance
through a program funded under this section has completed or
will complete training on domestic violence, dating violence,
sexual assault, and stalking, including child sexual abuse, and
related legal issues; and
``(6) certifies that any person providing custody evaluation
or guardian ad litem services through a program funded under
this section has completed or will complete training, developed
with input from and in collaboration with a tribal, State,
territorial, or local domestic violence, dating violence,
sexual assault, or stalking victim service provider or
coalition, on the dynamics of domestic violence and sexual
assault, including child sexual abuse, that includes training
on how to review evidence of past abuse and the use of
evidenced-based theories to make recommendations on custody and
visitation.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $22,000,000 for each of the
fiscal years 2013 through 2017. Amounts appropriated pursuant to this
subsection are authorized to remain available until expended.
``(f) Allotment for Indian Tribes.--
``(1) In general.--Not less than 10 percent of the total
amount available under this section for each fiscal year shall
be available for grants under the program authorized by section
2015 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg-10).
``(2) Applicability of part.--The requirements of this
section shall not apply to funds allocated for the program
described in paragraph (1).''.
(b) Technical and Conforming Amendment.--Subtitle J of the Violence
Against Women Act of 1994 (42 U.S.C. 14043 et seq.) is repealed.
SEC. 105. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Subtitle B of title II of the Crime Control Act of 1990 (42 U.S.C.
13011 et seq.) is amended--
(1) in section 216 (42 U.S.C. 13012), by striking ``January
1, 2010'' and inserting ``January 1, 2015'';
(2) in section 217 (42 U.S.C. 13013)--
(A) in subsection (c)(2)(A), by striking ``Code of
Ethics'' and inserting ``Standards for Programs''; and
(B) by adding at the end the following new
subsection:
``(e) Reporting.--An organization that receives a grant under this
section for a fiscal year shall submit to the Administrator a report
regarding the use of the grant for the fiscal year, including a
discussion of outcome performance measures (which shall be established
by the Administrator) to determine the effectiveness of the programs of
the organization in meeting the needs of children in the child welfare
system.''; and
(3) in section 219(a) (42 U.S.C. 13014(a)), by striking
``fiscal years 2007 through 2011'' and inserting ``fiscal years
2013 through 2017''.
SEC. 106. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS GRANT.
Section 120 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045) is amended to read as
follows:
``SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UNDERSERVED
POPULATIONS.
``(a) Grants Authorized.--
``(1) In general.--Of the amounts appropriated under the
grant programs identified in paragraph (2), the Attorney
General shall take 2 percent of such appropriated amounts and
combine them to award grants to eligible entities described in
subsection (b) of this section to develop and implement
outreach strategies targeted at adult or youth victims of
domestic violence, dating violence, sexual assault, or stalking
in underserved populations and to provide victim services to
meet the needs of adult and youth victims of domestic violence,
dating violence, sexual assault, and stalking in underserved
populations. The requirements of the grant programs identified
in paragraph (2) shall not apply to this grant program.
``(2) Programs covered.--The programs identified in this
paragraph are the programs carried out under the following
provisions:
``(A) Part T of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (STOP grants).
``(B) Part U of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (Grants to encourage
arrest policies).
``(b) Eligible Entities.--Eligible entities under this section are--
``(1) population specific organizations that have
demonstrated experience and expertise in providing population
specific services in the relevant underserved communities, or
population specific organizations working in partnership with a
victim service provider or domestic violence or sexual assault
coalition;
``(2) victim service providers offering population specific
services for a specific underserved population; or
``(3) victim service providers working in partnership with a
national, State, or local organization that has demonstrated
experience and expertise in providing population specific
services in the relevant underserved population.
``(c) Planning Grants.--The Attorney General may use up to 20 percent
of funds available under this section to make one-time planning grants
to eligible entities to support the planning and development of
specially designed and targeted programs for adult and youth victims in
one or more underserved populations, including--
``(1) identifying, building, and strengthening partnerships
with potential collaborators within underserved populations,
Federal, State, tribal, territorial or local government
entities, and public and private organizations;
``(2) conducting a needs assessment of the community and the
targeted underserved population or populations to determine
what the barriers are to service access and what factors
contribute to those barriers, using input from the targeted
underserved population or populations;
``(3) identifying promising prevention, outreach, and
intervention strategies for victims from a targeted underserved
population or populations; and
``(4) developing a plan, with the input of the targeted
underserved population or populations, for--
``(A) implementing prevention, outreach, and
intervention strategies to address the barriers to
accessing services;
``(B) promoting community engagement in the
prevention of domestic violence, dating violence,
sexual assault, and stalking within the targeted
underserved populations; and
``(C) evaluating the program.
``(d) Implementation Grants.--The Attorney General shall make grants
to eligible entities for the purpose of providing or enhancing
population specific outreach and victim services to adult and youth
victims in one or more underserved populations, including--
``(1) working with Federal, State, tribal, territorial and
local governments, agencies, and organizations to develop or
enhance population specific victim services;
``(2) strengthening the capacity of underserved populations
to provide population specific services;
``(3) strengthening the capacity of traditional victim
service providers to provide population specific services;
``(4) strengthening the effectiveness of criminal and civil
justice interventions by providing training for law
enforcement, prosecutors, judges and other court personnel on
domestic violence, dating violence, sexual assault, or stalking
in underserved populations; or
``(5) working in cooperation with an underserved population
to develop and implement outreach, education, prevention, and
intervention strategies that highlight available resources and
the specific issues faced by victims of domestic violence,
dating violence, sexual assault, or stalking from underserved
populations.
``(e) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Director of the Office on
Violence Against Women at such time, in such form, and in such manner
as the Director may prescribe.
``(f) Reports.--Each eligible entity receiving a grant under this
section shall annually submit to the Director of the Office on Violence
Against Women a report that describes the activities carried out with
grant funds during the preceding fiscal year.
``(g) Definitions and Grant Conditions.--In this section the
definitions and grant conditions in section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925) shall apply.
``(h) Authorization of Appropriations.--In addition to the funds
identified in subsection (a)(1), there are authorized to be
appropriated to carry out this section $2,000,000 for each of the
fiscal years 2013 through 2017.''.
SEC. 107. CULTURALLY SPECIFIC SERVICES GRANT.
Section 121 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045a) is amended--
(1) in the section heading, by striking ``and
linguistically'';
(2) by striking ``and linguistically'' each place it appears;
(3) by striking ``and linguistic'' each place it appears;
(4) by amending paragraph (2) of subsection (a) to read as
follows:
``(2) Programs covered.--The programs identified in this
paragraph are the programs carried out under the following
provisions:
``(A) Part U of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796hh) (Grants
to encourage arrest policies).
``(B) Section 1201 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (42
U.S.C. 3796gg-6) (Legal assistance for victims).
``(C) Section 40295 of the Violence Against Women Act
of 1994 (42 U.S.C. 13971) (Rural domestic violence,
dating violence, sexual assault, stalking, and child
abuse enforcement assistance).
``(D) Section 40802 of the Violence Against Women Act
of 1994 (42 U.S.C. 14041a) (Enhanced training and
services to end violence against women later in life).
``(E) Section 1402 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (42
U.S.C. 3796gg-7) (Education, training, and enhanced
services to end violence against and abuse of women
with disabilities).''; and
(5) in subsection (g), by striking ``linguistic and''.
SEC. 108. REDUCTION IN RAPE KIT BACKLOG.
Section 2(c)(3) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(c)(3)), is amended--
(1) in subparagraph (B), by striking ``2014'' and inserting
``2012''; and
(2) by adding at the end the following new subparagraph:
``(C) For each of the fiscal years 2013 and 2014, not less
than 75 percent of the grant amounts shall be awarded for
purposes under subsection (a)(2).''.
SEC. 109. ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT TRAINING PROGRAMS.
Section 40152(c) of the Violence Against Women Act of 1994 (42 U.S.C.
13941(c)) is amended by striking ``to carry out this section'' and all
that follows through the period at the end and inserting ``to carry out
this section $5,000,000 for each of fiscal years 2013 through 2017.''.
SEC. 110. CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND
PRACTITIONERS.
Section 224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13024(a)) is amended by striking ``$2,300,000'' and all that follows
through the period at the end and inserting ``$2,300,000 for each of
fiscal years 2013 through 2017.''.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
(a) Grants to States and Territories.--Section 41601(b) of the
Violence Against Women Act of 1994 (42 U.S.C. 14043g(b)) is amended--
(1) in paragraph (1), by striking ``other programs'' and all
that follows through the period at the end and inserting
``other nongovernmental or tribal programs and projects to
assist individuals who have been victimized by sexual assault,
without regard to the age of the individual.'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``nonprofit,
nongovernmental organizations for programs and
activities'' and inserting ``nongovernmental or tribal
programs and activities''; and
(B) in subparagraph (C)(v), by striking
``linguistically and''; and
(3) in paragraph (4)--
(A) in the first sentence--
(i) by inserting ``and territory'' after
``each State'';
(ii) by striking ``1.50 percent'' and
inserting ``0.75 percent''; and
(iii) by striking ``, except that'' and all
that follows through ``of the total
appropriations''; and
(B) in the last sentence, by striking ``the preceding
formula'' and inserting ``this paragraph''.
(b) Authorization of Appropriations.--Section 41601(f)(1) of the
Violence Against Women Act of 1994 (42 U.S.C. 14043g(f)(1)) is amended
by striking ``$50,000,000 to remain available until expended for each
of the fiscal years 2007 through 2011'' and inserting ``$40,000,000 to
remain available until expended for each of fiscal years 2013 through
2017''.
SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.
Section 40295 of the Violence Against Women Act of 1994 (42 U.S.C.
13971) is amended--
(1) in subsection (a)(1)(H), by inserting ``, including
sexual assault forensic examiners'' before the semicolon;
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``victim advocacy groups''
and inserting ``victim service providers''; and
(ii) by inserting ``, including developing
multidisciplinary teams focusing on high-risk
cases with the goal of preventing domestic and
dating violence homicides'' before the
semicolon;
(B) in paragraph (2)--
(i) by striking ``and other long- and short-
term assistance'' and inserting ``legal
assistance, and other long-term and short-term
victim services and population specific
services''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) to develop, expand, or strengthen programs addressing
sexual assault, including sexual assault forensic examiner
programs, Sexual Assault Response Teams, law enforcement
training, and programs addressing rape kit backlogs.''; and
(3) in subsection (e)(1), by striking ``$55,000,000 for each
of the fiscal years 2007 through 2011'' and inserting
``$50,000,000 for each of fiscal years 2013 through 2017''.
SEC. 203. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN WITH
DISABILITIES GRANTS.
Section 1402 of division B of the Victims of Trafficking and Violence
Protection Act of 2000 (42 U.S.C. 3796gg-7) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``(including using
evidence-based indicators to assess the risk of
domestic and dating violence homicide)'' after ``risk
reduction'';
(B) in paragraph (4), by striking ``victim service
organizations'' and inserting ``victim service
providers''; and
(C) in paragraph (5), by striking ``victim services
organizations'' and inserting ``victim service
providers'';
(2) in subsection (c)(1)(D), by striking ``nonprofit and
nongovernmental victim services organization, such as a State''
and inserting ``victim service provider, such as a State or
tribal''; and
(3) in subsection (e), by striking ``$10,000,000 for each of
the fiscal years 2007 through 2011'' and inserting ``$9,000,000
for each of fiscal years 2013 through 2017''.
SEC. 204. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN
IN LATER LIFE.
Section 40802 of the Violence Against Women Act of 1994 (42 U.S.C.
14041a) is amended to read as follows:
``SEC. 40802. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST
WOMEN IN LATER LIFE.
``(a) Definitions.--In this section:
``(1) The term `eligible entity' means an entity that--
``(A) is--
``(i) a State;
``(ii) a unit of local government;
``(iii) a tribal government or tribal
organization;
``(iv) a population specific organization
with demonstrated experience in assisting
individuals in later life;
``(v) a victim service provider; or
``(vi) a State, tribal, or territorial
domestic violence or sexual assault coalition;
and
``(B) is partnered with--
``(i) a law enforcement agency;
``(ii) an office of a prosecutor;
``(iii) a victim service provider; or
``(iv) a nonprofit program or government
agency with demonstrated experience in
assisting individuals in later life.
``(2) The term `elder abuse' means domestic violence, dating
violence, sexual assault, or stalking committed against
individuals in later life.
``(3) The term `individual in later life' means an individual
who is 60 years of age or older.
``(b) Grant Program.--
``(1) Grants authorized.--The Attorney General may make
grants to eligible entities to carry out the activities
described in paragraph (2). In awarding such grants, the
Attorney General shall consult with the Secretary of Health and
Human Services to ensure that the activities funded under this
section are not duplicative with the activities funded under
the elder abuse prevention programs of the Department of Health
and Human Services.
``(2) Mandatory and permissible activities.--
``(A) Mandatory activities.--An eligible entity
receiving a grant under this section shall use the
funds received under the grant to--
``(i) provide training programs to assist law
enforcement agencies, prosecutors, agencies of
States or units of local government, population
specific organizations, victim service
providers, victim advocates, and relevant
officers in Federal, tribal, State,
territorial, and local courts in recognizing
and addressing instances of elder abuse;
``(ii) provide or enhance services for
victims of elder abuse;
``(iii) establish or support
multidisciplinary collaborative community
responses to victims of elder abuse; and
``(iv) conduct cross-training for law
enforcement agencies, prosecutors, agencies of
States or units of local government, attorneys,
health care providers, population specific
organizations, faith-based advocates, victim
service providers, and courts to better serve
victims of elder abuse.
``(B) Permissible activities.--An eligible entity
receiving a grant under this section may use not more
than 10 percent of the funds received under the grant
to--
``(i) provide training programs to assist
attorneys, health care providers, faith-based
leaders, or other community-based organizations
in recognizing and addressing instances of
elder abuse; or
``(ii) conduct outreach activities and
awareness campaigns to ensure that victims of
elder abuse receive appropriate assistance.
``(3) Underserved populations.--In making grants under this
section, the Attorney General shall give priority to proposals
providing culturally specific or population specific services.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $9,000,000 for
each of fiscal years 2013 through 2017.''.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
SEC. 301. RAPE PREVENTION AND EDUCATION GRANT.
Section 393A of the Public Health Service Act (42 U.S.C. 280b-1b) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, territorial, or tribal'' after ``crisis
centers, State''; and
(B) in paragraph (6), by inserting ``and alcohol''
after ``about drugs'';
(2) in subsection (c)(1), by striking ``$80,000,000 for each
of fiscal years 2007 through 2011'' and inserting ``$50,000,000
for each of fiscal years 2013 through 2017''; and
(3) in subsection (c), by adding at the end the following new
paragraph:
``(3) Funding formula.--Amounts provided under this section
shall be allotted to each State, territory, and the District of
Columbia based on population. If the amounts appropriated under
paragraph (1) exceed $48,000,000 in any fiscal year, a minimum
allocation of $150,000 shall be awarded to each State and
territory and the District of Columbia. Any remaining funds
shall be allotted to each State and territory and the District
of Columbia based on population.''.
SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND
EDUCATION FOR CHILDREN AND YOUTH.
(a) In General.--Subtitle L of the Violence Against Women Act of 1994
(42 U.S.C. 14043c et seq.) is amended by striking sections 41201
through 41204 and inserting the following:
``SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND
EDUCATION FOR CHILDREN AND YOUTH (CHOOSE CHILDREN
AND YOUTH).
``(a) Grants Authorized.--The Attorney General, working in
collaboration with the Secretary of Health and Human Services and the
Secretary of Education, shall award grants to enhance the safety of
youth and children who are victims of, or exposed to, domestic
violence, dating violence, sexual assault, or stalking and to prevent
future violence.
``(b) Program Purposes.--Funds provided under this section may be
used for the following program purpose areas:
``(1) Services to advocate for and respond to youth.--To
develop, expand, and strengthen victim interventions and
services that target youth who are victims of domestic
violence, dating violence, sexual assault, and stalking.
Services may include victim services, counseling, advocacy,
mentoring, educational support, transportation, legal
assistance in civil, criminal and administrative matters, such
as family law cases, housing cases, child welfare proceedings,
campus administrative proceedings, and civil protection order
proceedings, services to address sex trafficking, population
specific services, and other activities that support youth in
finding safety, stability, and justice and in addressing the
emotional, cognitive, and physical effects of trauma on youth.
Funds may be used to--
``(A) assess and analyze available services for youth
victims of domestic violence, dating violence, sexual
assault, and stalking, determining relevant barriers to
such services in a particular locality, and developing
a community protocol to address such problems
collaboratively;
``(B) develop and implement policies, practices, and
procedures to effectively respond to domestic violence,
dating violence, sexual assault, or stalking against
youth; or
``(C) provide technical assistance and training to
enhance the ability of school personnel, victim service
providers, child protective service workers, staff of
law enforcement agencies, prosecutors, court personnel,
individuals who work in after school programs, medical
personnel, social workers, mental health personnel, and
workers in other programs that serve children and youth
to improve their ability to appropriately respond to
the needs of children and youth who are victims of
domestic violence, dating violence, sexual assault, and
stalking, as well as homeless youth, and to properly
refer such children, youth, and their families to
appropriate services.
``(2) Supporting youth through education and protection.--To
enable secondary or elementary schools that serve students in
any of grades five through twelve and institutions of higher
education to--
``(A) provide training to school personnel, including
health care providers and security personnel, on the
needs of students who are victims of domestic violence,
dating violence, sexual assault, or stalking;
``(B) develop and implement age-appropriate
prevention and intervention policies in accordance with
State law in secondary or elementary schools that serve
students in any of grades five through twelve,
including appropriate responses to, and identification
and referral procedures for, students who are
experiencing or perpetrating domestic violence, dating
violence, sexual assault, or stalking, and procedures
for handling the requirements of court protective
orders issued to or against students;
``(C) provide support services for student victims of
domestic violence, dating violence, sexual assault, or
stalking, such as a resource person who is either on-
site or on-call;
``(D) provide evidence-based educational programs for
students regarding domestic violence, dating violence,
sexual assault, and stalking; or
``(E) develop strategies to increase identification,
support, referrals, and prevention programs for youth
who are at high risk of domestic violence, dating
violence, sexual assault, or stalking.
``(c) Eligible Applicants.--
``(1) In general.--To be eligible to receive a grant under
this section, an entity shall be--
``(A) a victim service provider, tribal nonprofit
organization, population specific organization, or
community-based organization with a demonstrated
history of effective work addressing the needs of
youth, including runaway or homeless youth, who are
victims of domestic violence, dating violence, sexual
assault, or stalking; or
``(B) a victim service provider that is partnered
with an entity that has a demonstrated history of
effective work addressing the needs of youth.
``(2) Partnerships.--
``(A) Education.--To be eligible to receive a grant
for the purposes described in subsection (b)(2), an
entity described in paragraph (1) shall be partnered
with an elementary school or secondary school (as such
terms are defined in section 9101 of the Elementary and
Secondary Education Act of 1965), charter school (as
defined in section 5210 of such Act), a school that is
operated or supported by the Bureau of Indian
Education, or a legally operating private school, a
school administered by the Department of Defense under
section 2164 of title 10, United States Code, or
section 1402 of the Defense Dependents' Education Act
of 1978, a group of such schools, a local educational
agency (as defined in section 9101(26) of the
Elementary and Secondary Education Act of 1965), or an
institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965).
``(B) Other partnerships.--All applicants under this
section are encouraged to work in partnership with
organizations and agencies that work with the relevant
youth population. Such entities may include--
``(i) a State, tribe, unit of local
government, or territory;
``(ii) a population specific or community-
based organization;
``(iii) batterer intervention programs or sex
offender treatment programs with specialized
knowledge and experience working with youth
offenders; or
``(iv) any other agencies or nonprofit,
nongovernmental organizations with the capacity
to provide effective assistance to the adult,
youth, and child victims served by the
partnership.
``(d) Grantee Requirements.--Applicants for grants under this section
shall establish and implement policies, practices, and procedures
that--
``(1) require and include appropriate referral systems for
child and youth victims;
``(2) protect the confidentiality and privacy of child and
youth victim information, particularly in the context of
parental or third-party involvement and consent, mandatory
reporting duties, and working with other service providers with
priority on victim safety and autonomy;
``(3) ensure that all individuals providing intervention or
prevention programs to children or youth through a program
funded under this section have completed, or will complete,
sufficient training in connection with domestic violence,
dating violence, sexual assault, and stalking; and
``(4) ensure that parents are informed of the programs funded
under this program that are being offered at their child's
school.
``(e) Priority.--The Attorney General shall prioritize grant
applications under this section that coordinate with prevention
programs in the community.
``(f) Definitions and Grant Conditions.--In this section, the
definitions and grant conditions provided for in section 40002 shall
apply.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000 for each of the
fiscal years 2013 through 2017.
``(h) Allotment.--
``(1) In general.--Not less than 50 percent of the total
amount appropriated under this section for each fiscal year
shall be used for the purposes described in subsection (b)(1).
``(2) Indian tribes.--Not less than 10 percent of the total
amount appropriated under this section for each fiscal year
shall be made available for grants under the program authorized
by section 2015 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg-10).''.
(b) VAWA Grant Requirements.--Section 40002(b) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(b)), as amended by section
3(b)(4), is further amended by adding at the end the following:
``(14) Requirement for evidence-based programs.--Any
educational programming, training, or public awareness
communications regarding domestic violence, dating violence,
sexual assault, or stalking that are funded under this title
must be evidence-based.''.
SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
Section 304 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045b) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``and'' after ``stalking on
campuses,'';
(ii) by striking ``crimes against women on''
and inserting ``crimes on''; and
(iii) by inserting ``, and to develop and
strengthen prevention education and awareness
programs'' before the period; and
(B) in paragraph (2), by striking ``$500,000'' and
inserting ``$300,000'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by inserting ``, strengthen,'' after ``To
develop''; and
(ii) by striking ``assault and stalking,''
and inserting ``assault, and stalking,
including the use of technology to commit these
crimes,'';
(B) in paragraph (4)--
(i) by inserting ``and population specific
services'' after ``strengthen victim services
programs'';
(ii) by striking ``entities carrying out''
and all that follows through ``stalking victim
services programs'' and inserting ``victim
service providers''; and
(iii) by inserting ``, regardless of whether
the services provided by such program are
provided by the institution or in coordination
with community victim service providers''
before the period at the end; and
(C) by adding at the end the following:
``(9) To provide evidence-based educational programming for
students regarding domestic violence, dating violence, sexual
assault, and stalking.
``(10) To develop or adapt population specific strategies and
projects for victims of domestic violence, dating violence,
sexual assault, and stalking from underserved populations on
campus.'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``any
non-profit'' and all that follows through
``victim services programs'' and inserting
``victim service providers'';
(ii) by redesignating subparagraphs (D)
through (F) as subparagraphs (E) through (G),
respectively; and
(iii) by inserting after subparagraph (C),
the following:
``(D) describe how underserved populations in the
campus community will be adequately served, including
the provision of relevant population specific
services;''; and
(B) in paragraph (3), by striking ``2007 through
2011'' and inserting ``2013 through 2017'';
(4) in subsection (d)--
(A) by striking paragraph (3); and
(B) by inserting after paragraph (2), the following:
``(3) Grantee minimum requirements.--Each grantee shall
comply with the following minimum requirements during the grant
period:
``(A) The grantee shall create a coordinated
community response including both organizations
external to the institution and relevant divisions of
the institution.
``(B) The grantee shall establish a mandatory
prevention and education program on domestic violence,
dating violence, sexual assault, and stalking for all
incoming students.
``(C) The grantee shall train all campus law
enforcement to respond effectively to domestic
violence, dating violence, sexual assault, and
stalking.
``(D) The grantee shall train all members of campus
disciplinary boards to respond effectively to
situations involving domestic violence, dating
violence, sexual assault, or stalking.''; and
(5) in subsection (e), by striking ``$12,000,000'' and all
that follows through the period and inserting ``$12,000,000 for
each of the fiscal years 2013 through 2017.''.
SEC. 304. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.
(a) Establishment.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at
the end the following new part:
``PART LL--NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY
``SEC. 3021. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.
``(a) Authority to Establish and Operate Center.--
``(1) In general.--The Director of the Office of Community
Oriented Policing Services is authorized to establish and
operate a National Center for Campus Public Safety (referred to
in this section as the `Center').
``(2) Grant authority.--The Director of the Office of
Community Oriented Policing Services is authorized to award
grants to institutions of higher education and other nonprofit
organizations to assist in carrying out the functions of the
Center required under subsection (b).
``(b) Functions of the Center.--The center shall--
``(1) provide quality education and training for campus
public safety agencies of institutions of higher education and
the agencies' collaborative partners, including campus mental
health agencies;
``(2) foster quality research to strengthen the safety and
security of institutions of higher education;
``(3) serve as a clearinghouse for the identification and
dissemination of information, policies, procedures, and best
practices relevant to campus public safety, including off-
campus housing safety, the prevention of violence against
persons and property, and emergency response and evacuation
procedures;
``(4) develop protocols, in conjunction with the Attorney
General, the Secretary of Homeland Security, the Secretary of
Education, State, local, and tribal governments and law
enforcement agencies, private and nonprofit organizations and
associations, and other stakeholders, to prevent, protect
against, respond to, and recover from, natural and man-made
emergencies or dangerous situations involving an immediate
threat to the health or safety of the campus community;
``(5) promote the development and dissemination of effective
behavioral threat assessment and management models to prevent
campus violence;
``(6) coordinate campus safety information (including ways to
increase off-campus housing safety) and resources available
from the Department of Justice, the Department of Homeland
Security, the Department of Education, State, local, and tribal
governments and law enforcement agencies, and private and
nonprofit organizations and associations;
``(7) increase cooperation, collaboration, and consistency in
prevention, response, and problem-solving methods among law
enforcement, mental health, and other agencies and
jurisdictions serving institutions of higher education;
``(8) develop standardized formats and models for mutual aid
agreements and memoranda of understanding between campus
security agencies and other public safety organizations and
mental health agencies; and
``(9) report annually to Congress and the Attorney General on
activities performed by the Center during the previous 12
months.
``(c) Coordination With Available Resources.--In establishing the
Center, the Director of the Office of Community Oriented Policing
Services shall--
``(1) consult with the Secretary of Homeland Security, the
Secretary of Education, and the Attorney General of each State;
and
``(2) coordinate the establishment and operation of the
Center with campus public safety resources that may be
available within the Department of Homeland Security and the
Department of Education.
``(d) Definition of Institution of Higher Education.--In this
section, the term `institution of higher education' has the meaning
given the term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).''.
(b) Justice Program Consolidations.--Effective 30 days after the date
of enactment of this section, the Office of Dispute Resolution of the
Department of Justice and the jurisdiction and employees of such office
shall be--
(1) transferred to the Office of Legal Policy of the
Department of Justice; and
(2) funded through the general administration appropriation
of the Office of Legal Policy.
TITLE IV--VIOLENCE REDUCTION PRACTICES
SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
Section 402(c) of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 280b-4(c)) is amended by
striking ``$2,000,000 for each of the fiscal years 2007 through 2011''
and inserting ``$1,000,000 for each of the fiscal years 2013 through
2017''.
SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION
GRANTS.
(a) SMART Prevention.--Section 41303 of the Violence Against Women
Act of 1994 (42 U.S.C. 14043d-2) is amended to read as follows:
``SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION
(SMART PREVENTION).
``(a) Grants Authorized.--The Attorney General, in consultation with
the Secretary of Health and Human Services and the Secretary of
Education, is authorized to award grants for the purpose of preventing
domestic violence, dating violence, sexual assault, and stalking by
taking a comprehensive approach that focuses on youth, children exposed
to violence, and men as leaders and influencers of social norms.
``(b) Use of Funds.--Funds provided under this section may be used
for the following purposes:
``(1) Teen dating violence awareness and prevention.--To
develop, maintain, or enhance programs that change attitudes
and behaviors around the acceptability of domestic violence,
dating violence, sexual assault, and stalking and provide
education and skills training to young individuals and
individuals who influence young individuals. The prevention
program may use evidence-based, evidence-informed, or
innovative strategies and practices focused on youth. Such a
program should include--
``(A) evidence-based age education on domestic
violence, dating violence, sexual assault, stalking,
and sexual coercion, as well as healthy relationship
skills, in school, in the community, or in health care
settings;
``(B) community-based collaboration and training for
those with influence on youth, such as parents,
teachers, coaches, health care providers, faith-
leaders, older teens, and mentors;
``(C) education and outreach to change environmental
factors contributing to domestic violence, dating
violence, sexual assault, and stalking; and
``(D) policy development targeted to prevention,
including school-based policies and protocols.
``(2) Children exposed to violence and abuse.--To develop,
maintain or enhance programs designed to prevent future
incidents of domestic violence, dating violence, sexual
assault, and stalking by preventing, reducing and responding to
children's exposure to violence in the home. Such programs may
include--
``(A) providing services for children exposed to
domestic violence, dating violence, sexual assault or
stalking, including direct counseling or advocacy, and
support for the non-abusing parent; and
``(B) training and coordination for educational,
after-school, and childcare programs on how to safely
and confidentially identify children and families
experiencing domestic violence, dating violence, sexual
assault, or stalking and properly refer children
exposed and their families to services and violence
prevention programs.
``(3) Engaging men as leaders and role models.--To develop,
maintain or enhance programs that work with men to prevent
domestic violence, dating violence, sexual assault, and
stalking by helping men to serve as role models and social
influencers of other men and youth at the individual, school,
community or statewide levels.
``(c) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be--
``(1) a victim service provider, community-based
organization, tribe or tribal organization, or other nonprofit,
nongovernmental organization that has a history of effective
work preventing domestic violence, dating violence, sexual
assault, or stalking and expertise in the specific area for
which they are applying for funds; or
``(2) a partnership between a victim service provider,
community-based organization, tribe or tribal organization, or
other nonprofit, nongovernmental organization that has a
history of effective work preventing domestic violence, dating
violence, sexual assault, or stalking and at least one of the
following that has expertise in serving children exposed to
domestic violence, dating violence, sexual assault, or
stalking, youth domestic violence, dating violence, sexual
assault, or stalking prevention, or engaging men to prevent
domestic violence, dating violence, sexual assault, or
stalking:
``(A) A public, charter, tribal, or nationally
accredited private middle or high school, a school
administered by the Department of Defense under section
2164 of title 10, United States Code or section 1402 of
the Defense Dependents' Education Act of 1978, a group
of schools, or a school district.
``(B) A local community-based organization,
population-specific organization, or faith-based
organization that has established expertise in
providing services to youth.
``(C) A community-based organization, population-
specific organization, university or health care
clinic, faith-based organization, or other nonprofit,
nongovernmental organization.
``(D) A nonprofit, nongovernmental entity providing
services for runaway or homeless youth affected by
domestic violence, dating violence, sexual assault, or
stalking.
``(E) Health care entities eligible for reimbursement
under title XVIII of the Social Security Act, including
providers that target the special needs of children and
youth.
``(F) Any other agencies, population-specific
organizations, or nonprofit, nongovernmental
organizations with the capacity to provide necessary
expertise to meet the goals of the program.
``(d) Grantee Requirements.--
``(1) In general.--Applicants for grants under this section
shall prepare and submit to the Director an application at such
time, in such manner, and containing such information as the
Director may require that demonstrates the capacity of the
applicant and partnering organizations to undertake the
project.
``(2) Policies and procedures.--Applicants under this section
shall establish and implement policies, practices, and
procedures that are consistent with the best practices
developed under section 402 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
280b-4) and--
``(A) include appropriate referral systems to direct
any victim identified during program activities to
highly qualified follow-up care;
``(B) protect the confidentiality and privacy of
adult and youth victim information, particularly in the
context of parental or third-party involvement and
consent, mandatory reporting duties, and working with
other service providers;
``(C) ensure that all individuals providing
prevention programming through a program funded under
this section have completed or will complete sufficient
training in connection with domestic violence, dating
violence, sexual assault or stalking; and
``(D) document how prevention programs are
coordinated with service programs in the community.
``(3) Preference.--In selecting grant recipients under this
section, the Attorney General shall give preference to
applicants that--
``(A) include outcome-based evaluation; and
``(B) identify any other community, school, or State-
based efforts that are working on domestic violence,
dating violence, sexual assault, or stalking prevention
and explain how the grantee or partnership will add
value, coordinate with other programs, and not
duplicate existing efforts.
``(e) Definitions and Grant Conditions.--In this section, the
definitions and grant conditions provided for in section 40002 shall
apply.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000 for each of fiscal
years 2013 through 2017.
``(g) Allotment.--
``(1) In general.--Not less than 25 percent of the total
amounts appropriated under this section in each fiscal year
shall be used for each set of purposes described in paragraphs
(1), (2), and (3) of subsection (b).
``(2) Indian tribes.--Not less than 10 percent of the total
amounts appropriated under this section in each fiscal year
shall be made available for grants to Indian tribes or tribal
organizations.''.
(b) Repeals.--The following provisions are repealed:
(1) Sections 41304 and 41305 of the Violence Against Women
Act of 1994 (42 U.S.C. 14043d-3 and 14043d-4).
(2) Section 403 of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (42 U.S.C. 14045c).
TITLE V--STRENGTHENING THE HEALTH CARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN THE HEALTH CARE
SYSTEM'S RESPONSE TO DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING.
(a) Grants.--Section 399P of the Public Health Service Act (42 U.S.C.
280g-4) is amended to read as follows:
``SEC. 399P. GRANTS TO STRENGTHEN THE HEALTH CARE SYSTEM'S RESPONSE TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
AND STALKING.
``(a) In General.--The Secretary shall award grants for--
``(1) the development or enhancement and implementation of
interdisciplinary training for health professionals, public
health staff, and allied health professionals;
``(2) the development or enhancement and implementation of
education programs for medical, nursing, dental, and other
health profession students and residents to prevent and respond
to domestic violence, dating violence, sexual assault, and
stalking; and
``(3) the development or enhancement and implementation of
comprehensive statewide strategies to improve the response of
clinics, public health facilities, hospitals, and other health
settings (including behavioral and mental health programs) to
domestic violence, dating violence, sexual assault, and
stalking.
``(b) Use of Funds.--
``(1) Required uses.--Amounts provided under a grant under
this section shall be used to--
``(A) fund interdisciplinary training and education
programs under paragraphs (1) and (2) of subsection (a)
that--
``(i) are designed to train medical,
psychology, dental, social work, nursing, and
other health profession students, interns,
residents, fellows, or current health care
providers to identify and provide health care
services (including mental or behavioral health
care services and referrals to appropriate
community services) to individuals who are or
who have been victims of domestic violence,
dating violence, sexual assault, or stalking;
and
``(ii) plan and develop clinical training
components for integration into approved
internship, residency, and fellowship training
or continuing medical or other health education
training that address physical, mental, and
behavioral health issues, including protective
factors, related to domestic violence, dating
violence, sexual assault, stalking, and other
forms of violence and abuse, focus on reducing
health disparities and preventing violence and
abuse, and include the primacy of victim safety
and confidentiality; and
``(B) design and implement comprehensive strategies
to improve the response of the health care system to
domestic or sexual violence in clinical and public
health settings, hospitals, clinics, and other health
settings (including behavioral and mental health),
under subsection (a)(3) through--
``(i) the implementation, dissemination, and
evaluation of policies and procedures to guide
health professionals and public health staff in
identifying and responding to domestic
violence, dating violence, sexual assault, and
stalking, including strategies to ensure that
health information is maintained in a manner
that protects the patient's privacy and safety,
and safely uses health information technology
to improve documentation, identification,
assessment, treatment, and follow-up care;
``(ii) the development of on-site access to
services to address the safety, medical, and
mental health needs of patients by increasing
the capacity of existing health care
professionals and public health staff to
address domestic violence, dating violence,
sexual assault, and stalking, or by contracting
with or hiring domestic or sexual assault
advocates to provide such services or to model
other services appropriate to the geographic
and cultural needs of a site;
``(iii) the development of measures and
methods for the evaluation of the practice of
identification, intervention, and documentation
regarding victims of domestic violence, dating
violence, sexual assault, and stalking,
including the development and testing of
quality improvement measurements; and
``(iv) the provision of training and followup
technical assistance to health care
professionals, and public health staff, and
allied health professionals to identify,
assess, treat, and refer clients who are
victims of domestic violence, dating violence,
sexual assault, or stalking, including using
tools and training materials already developed.
``(2) Permissible uses.--
``(A) Child and elder abuse.--To the extent
consistent with the purpose of this section, a grantee
may use amounts received under this section to address,
as part of a comprehensive programmatic approach
implemented under the grant, issues relating to child
or elder abuse.
``(B) Rural areas.--Grants funded under paragraphs
(1) and (2) of subsection (a) may be used to offer to
rural areas community-based training opportunities
(which may include the use of distance learning
networks and other available technologies needed to
reach isolated rural areas) for medical, nursing, and
other health profession students and residents on
domestic violence, dating violence, sexual assault,
stalking, and, as appropriate, other forms of violence
and abuse.
``(C) Other uses.--Grants funded under subsection
(a)(3) may be used for--
``(i) the development of training modules and
policies that address the overlap of child
abuse, domestic violence, dating violence,
sexual assault, and stalking and elder abuse,
as well as childhood exposure to domestic and
sexual violence;
``(ii) the development, expansion, and
implementation of sexual assault forensic
medical examination or sexual assault nurse
examiner programs;
``(iii) the inclusion of the health effects
of lifetime exposure to violence and abuse as
well as related protective factors and
behavioral risk factors in health professional
training schools, including medical, dental,
nursing, social work, and mental and behavioral
health curricula, and allied health service
training courses; or
``(iv) the integration of knowledge of
domestic violence, dating violence, sexual
assault, and stalking into health care
accreditation and professional licensing
examinations, such as medical, dental, social
work, and nursing boards, and where
appropriate, other allied health exams.
``(c) Requirements for Grantees.--
``(1) Confidentiality and safety.--
``(A) In general.--Grantees under this section shall
ensure that all programs developed with grant funds
address issues of confidentiality and patient safety
and comply with applicable confidentiality and
nondisclosure requirements under section 40002(b)(2) of
the Violence Against Women Act of 1994 and the Family
Violence Prevention and Services Act, and that faculty
and staff associated with delivering educational
components are fully trained in procedures that will
protect the immediate and ongoing security and
confidentiality of the patients, patient records, and
staff. Such grantees shall consult entities with
demonstrated expertise in the confidentiality and
safety needs of victims of domestic violence, dating
violence, sexual assault, and stalking on the
development and adequacy of confidentially and security
procedures, and provide documentation of such
consultation.
``(B) Advance notice of information disclosure.--
Grantees under this section shall provide to patients
advance notice about any circumstances under which
information may be disclosed, such as mandatory
reporting laws, and shall give patients the option to
receive information and referrals without affirmatively
disclosing abuse.
``(2) Limitation on administrative expenses.--A grantee shall
use not more than 10 percent of the amounts received under a
grant under this section for administrative expenses.
``(3) Preference.--In selecting grant recipients under this
section, the Secretary shall give preference to applicants
based on the strength of their evaluation strategies, with
priority given to outcome-based evaluations.
``(4) Application.--
``(A) Subsection (a)(1) and (2) grantees.--An entity
desiring a grant under paragraph (1) or (2) of
subsection (a) shall submit an application to the
Secretary at such time, in such manner, and containing
such information and assurances as the Secretary may
require, including--
``(i) documentation that the applicant
represents a team of entities working
collaboratively to strengthen the response of
the health care system to domestic violence,
dating violence, sexual assault, or stalking,
and which includes at least one of each of--
``(I) an accredited school of
allopathic or osteopathic medicine,
psychology, nursing, dentistry, social
work, or other health field;
``(II) a health care facility or
system; or
``(III) a government or nonprofit
entity with a history of effective work
in the fields of domestic violence,
dating violence, sexual assault, or
stalking; and
``(ii) strategies for the dissemination and
sharing of curricula and other educational
materials developed under the grant, if any,
with other interested health professions
schools and national resource repositories for
materials on domestic violence, dating
violence, sexual assault, and stalking.
``(B) Subsection (a)(3) grantees.--An entity desiring
a grant under subsection (a)(3) shall submit an
application to the Secretary at such time, in such
manner, and containing such information and assurances
as the Secretary may require, including--
``(i) documentation that all training,
education, screening, assessment, services,
treatment, and any other approach to patient
care will be informed by an understanding of
violence and abuse victimization and trauma-
specific approaches that will be integrated
into prevention, intervention, and treatment
activities;
``(ii) strategies for the development and
implementation of policies to prevent and
address domestic violence, dating violence,
sexual assault, and stalking over the lifespan
in health care settings;
``(iii) a plan for consulting with State and
tribal domestic violence or sexual assault
coalitions, national nonprofit victim advocacy
organizations, State or tribal law enforcement
task forces (where appropriate), and
population-specific organizations with
demonstrated expertise in addressing domestic
violence, dating violence, sexual assault, or
stalking;
``(iv) with respect to an application for a
grant under which the grantee will have contact
with patients, a plan, developed in
collaboration with local victim service
providers, to respond appropriately to and make
correct referrals for individuals who disclose
that they are victims of domestic violence,
dating violence, sexual assault, stalking, or
other types of violence, and documentation
provided by the grantee of an ongoing
collaborative relationship with a local victim
service provider; and
``(v) with respect to an application for a
grant proposing to fund a program described in
subsection (b)(2)(C)(ii), a certification that
any sexual assault forensic medical examination
and sexual assault nurse examiner programs
supported with such grant funds will adhere to
the guidelines set forth by the Attorney
General.
``(d) Eligible Entities.--
``(1) In general.--To be eligible to receive funding under
paragraph (1) or (2) of subsection (a), an entity shall be--
``(A) a nonprofit organization with a history of
effective work in the field of training health
professionals with an understanding of, and clinical
skills pertinent to, domestic violence, dating
violence, sexual assault, or stalking, and lifetime
exposure to violence and abuse;
``(B) an accredited school of allopathic or
osteopathic medicine, psychology, nursing, dentistry,
social work, or allied health;
``(C) a health care provider membership or
professional organization, or a health care system; or
``(D) a State, tribal, territorial, or local entity.
``(2) Subsection (a)(3) grantees.--To be eligible to receive
funding under subsection (a)(3), an entity shall be--
``(A) a State department (or other division) of
health, a State, tribal, or territorial domestic
violence or sexual assault coalition or victim service
provider, or any other nonprofit, nongovernmental
organization with a history of effective work in the
fields of domestic violence, dating violence, sexual
assault, or stalking, and health care, including
physical or mental health care; or
``(B) a local victim service provider, a local
department (or other division) of health, a local
health clinic, hospital, or health system, or any other
community-based organization with a history of
effective work in the field of domestic violence,
dating violence, sexual assault, or stalking and health
care, including physical or mental health care.
``(e) Technical Assistance.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may make grants
or enter into contracts to provide technical assistance with
respect to the planning, development, and operation of any
program, activity or service carried out pursuant to this
section. Not more than 8 percent of the funds appropriated
under this section in each fiscal year may be used to fund
technical assistance under this subsection.
``(2) Availability of materials.--The Secretary shall make
publicly available materials developed by grantees under this
section, including materials on training, best practices, and
research and evaluation.
``(3) Reporting.--The Secretary shall publish a biennial
report on--
``(A) the distribution of funds under this section;
and
``(B) the programs and activities supported by such
funds.
``(f) Research and Evaluation.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may use not
more than 20 percent to make a grant or enter into a contract
for research and evaluation of--
``(A) grants awarded under this section; and
``(B) other training for health professionals and
effective interventions in the health care setting that
prevent domestic violence, dating violence, and sexual
assault across the lifespan, prevent the health effects
of such violence, and improve the safety and health of
individuals who are currently being victimized.
``(2) Research.--Research authorized in paragraph (1) may
include--
``(A) research on the effects of domestic violence,
dating violence, sexual assault, and childhood exposure
to domestic violence, dating violence, or sexual
assault on health behaviors, health conditions, and
health status of individuals, families, and
populations, including underserved populations;
``(B) research to determine effective health care
interventions to respond to and prevent domestic
violence, dating violence, sexual assault, and
stalking;
``(C) research on the impact of domestic, dating, and
sexual violence, childhood exposure to such violence,
and stalking on the health care system, health care
utilization, health care costs, and health status; and
``(D) research on the impact of adverse childhood
experiences on adult experience with domestic violence,
dating violence, sexual assault, stalking, and adult
health outcomes, including how to reduce or prevent the
impact of adverse childhood experiences through the
health care setting.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2013 through 2017.
``(h) Definitions.--Except as otherwise provided in this section, the
definitions in section 40002 of the Violence Against Women Act of 1994
apply to this section.''.
(b) Repeals.--The following provisions are repealed:
(1) Chapter 11 of subtitle B of the Violence Against Women
Act of 1994 (relating to research on effective interventions to
address violence; 42 U.S.C. 13973; as added by section 505 of
Public Law 109--162 (119 Stat. 3028)) .
(2) Section 758 of the Public Health Service Act (42 U.S.C.
294h).
TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING
SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING.
(a) Amendment.--Subtitle N of the Violence Against Women Act of 1994
(42 U.S.C. 14043e et seq.) is amended--
(1) by inserting after the subtitle heading the following:
``CHAPTER 1--GRANT PROGRAMS'';
(2) in section 41402 (42 U.S.C. 14043e-1), in the matter
preceding paragraph (1), by striking ``subtitle'' and inserting
``chapter'';
(3) in section 41403 (42 U.S.C. 14043e-2), in the matter
preceding paragraph (1), by striking ``subtitle'' and inserting
``chapter''; and
(4) by adding at the end the following:
``CHAPTER 2--HOUSING RIGHTS
``SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
``(a) Definitions.--In this chapter:
``(1) Affiliated individual.--The term `affiliated
individual' means, with respect to an individual--
``(A) a spouse, parent, brother, sister, or child of
that individual, or an individual to whom that
individual stands in loco parentis; or
``(B) any individual, tenant, or lawful occupant
living in the household of that individual.
``(2) Appropriate agency.--The term `appropriate agency'
means, with respect to a covered housing program, the Executive
department (as defined in section 101 of title 5, United States
Code) that carries out the covered housing program.
``(3) Covered housing program.--The term `covered housing
program' means--
``(A) the program under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q);
``(B) the program under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
8013);
``(C) the program under subtitle D of title VIII of
the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12901 et seq.);
``(D) each of the programs under title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360
et seq.);
``(E) the program under subtitle A of title II of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12741 et seq.);
``(F) the program under paragraph (3) of section
221(d) of the National Housing Act (12 U.S.C. 1715l(d))
for insurance of mortgages that bear interest at a rate
determined under the proviso under paragraph (5) of
such section 221(d);
``(G) the program under section 236 of the National
Housing Act (12 U.S.C. 1715z-1);
``(H) the programs under sections 6 and 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437d and
1437f);
``(I) rural housing assistance provided under
sections 514, 515, 516, 533, and 538 of the Housing Act
of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m, and 1490p-
2); and
``(J) the low-income housing tax credit program under
section 42 of the Internal Revenue Code of 1986.
``(b) Prohibited Basis for Denial or Termination of Assistance or
Eviction.--
``(1) In general.--An applicant for or tenant of housing
assisted under a covered housing program may not be denied
admission to, denied assistance under, terminated from
participation in, or evicted from the housing program or
housing on the basis that the applicant or tenant is or has
been a victim of domestic violence, dating violence, sexual
assault, or stalking, if the applicant or tenant otherwise
qualifies for admission, assistance, participation, or
occupancy.
``(2) Construction of lease terms.--An incident of actual or
threatened domestic violence, dating violence, sexual assault,
or stalking shall not be construed as--
``(A) a serious or repeated violation of a lease for
housing assisted under a covered housing program by the
victim or threatened victim of such incident; or
``(B) good cause for terminating the assistance,
tenancy, or occupancy rights to housing assisted under
a covered housing program of the victim or threatened
victim of such incident.
``(3) Termination on the basis of criminal activity.--
``(A) Denial of assistance, tenancy, and occupancy
rights prohibited.--No person may deny assistance,
tenancy, or occupancy rights to housing assisted under
a covered housing program to a tenant solely on the
basis of criminal activity directly relating to
domestic violence, dating violence, sexual assault, or
stalking that is engaged in by a member of the
household of the tenant or any guest or other person
under the control of the tenant, if the tenant or an
affiliated individual of the tenant is the victim or
threatened victim of such domestic violence, dating
violence, sexual assault, or stalking.
``(B) Bifurcation.--
``(i) In general.--Notwithstanding
subparagraph (A), a public housing agency or
owner or manager of housing assisted under a
covered housing program may bifurcate a lease
for the housing in order to evict, remove, or
terminate assistance to any individual who is a
tenant or lawful occupant of the housing and
who engages in criminal activity directly
relating to domestic violence, dating violence,
sexual assault, or stalking against an
affiliated individual or other individual,
without evicting, removing, terminating
assistance to, or otherwise penalizing a victim
of such criminal activity who is also a tenant
or lawful occupant of the housing.
``(ii) Effect of eviction on other tenants.--
If a public housing agency or owner or manager
of housing assisted under a covered housing
program evicts, removes, or terminates
assistance to an individual under clause (i),
and the individual is the sole tenant eligible
to receive assistance under a covered housing
program, the public housing agency or owner or
manager of housing assisted under the covered
housing program shall provide any remaining
tenant an opportunity to establish eligibility
for the covered housing program. If a tenant
described in the preceding sentence cannot
establish eligibility, the public housing
agency or owner or manager of the housing shall
provide the tenant a reasonable time, as
determined by the appropriate agency, to find
new housing or to establish eligibility for
housing under another covered housing program.
``(C) Rules of construction.--Nothing in subparagraph
(A) shall be construed--
``(i) to limit the authority of a public
housing agency or owner or manager of housing
assisted under a covered housing program, when
notified of a court order, to comply with a
court order with respect to--
``(I) the rights of access to or
control of property, including civil
protection orders issued to protect a
victim of domestic violence, dating
violence, sexual assault, or stalking;
or
``(II) the distribution or possession
of property among members of a
household in a case;
``(ii) to limit any otherwise available
authority of a public housing agency or owner
or manager of housing assisted under a covered
housing program to evict or terminate
assistance to a tenant for any violation of a
lease not premised on the act of violence in
question against the tenant or an affiliated
person of the tenant, if the public housing
agency or owner or manager does not subject an
individual who is or has been a victim of
domestic violence, dating violence, sexual
assault, or stalking to a more demanding
standard than other tenants in determining
whether to evict or terminate;
``(iii) to limit the authority to terminate
assistance to a tenant or evict a tenant from
housing assisted under a covered housing
program if a public housing agency or owner or
manager of the housing can demonstrate that an
actual and imminent threat to other tenants or
individuals employed at or providing service to
the property would be present if the assistance
is not terminated or the tenant is not evicted;
or
``(iv) to supersede any provision of any
Federal, State, or local law that provides
greater protection than this section for
victims of domestic violence, dating violence,
sexual assault, or stalking.
``(c) Documentation.--
``(1) Request for documentation.--If an applicant for, or
tenant of, housing assisted under a covered housing program
represents to a public housing agency or owner or manager of
the housing that the individual is entitled to protection under
subsection (b), the public housing agency or owner or manager
may request, in writing, that the applicant or tenant submit to
the public housing agency or owner or manager a form of
documentation described in paragraph (3).
``(2) Failure to provide certification.--
``(A) In general.--If an applicant or tenant does not
provide the documentation requested under paragraph (1)
within 14 business days after the tenant receives a
request in writing for such certification from a public
housing agency or owner or manager of housing assisted
under a covered housing program, nothing in this
chapter may be construed to limit the authority of the
public housing agency or owner or manager to--
``(i) deny admission by the applicant or
tenant to the covered program;
``(ii) deny assistance under the covered
program to the applicant or tenant;
``(iii) terminate the participation of the
applicant or tenant in the covered program; or
``(iv) evict the applicant, the tenant, or a
lawful occupant that commits violations of a
lease.
``(B) Extension.--A public housing agency or owner or
manager of housing may extend the 14-day deadline under
subparagraph (A) at its discretion.
``(3) Form of documentation.--A form of documentation
described in this paragraph is--
``(A) a certification form approved by the
appropriate agency that--
``(i) states that an applicant or tenant is a
victim of domestic violence, dating violence,
sexual assault, or stalking;
``(ii) states that the incident of domestic
violence, dating violence, sexual assault, or
stalking that is the ground for protection
under subsection (b) meets the requirements
under subsection (b); and
``(iii) includes the name of the individual
who committed the domestic violence, dating
violence, sexual assault, or stalking, if the
name is known and safe to provide;
``(B) a document that--
``(i) is signed by--
``(I) an employee, agent, or
volunteer of a victim service provider,
an attorney, a medical professional, or
a mental health professional from whom
an applicant or tenant has sought
assistance relating to domestic
violence, dating violence, sexual
assault, or stalking, or the effects of
the abuse; and
``(II) the applicant or tenant; and
``(ii) states under penalty of perjury that
the individual described in clause (i)(I)
believes that the incident of domestic
violence, dating violence, sexual assault, or
stalking that is the ground for protection
under subsection (b) meets the requirements
under subsection (b);
``(C) a record of a Federal, State, tribal,
territorial, or local law enforcement agency, court, or
administrative agency; or
``(D) at the discretion of a public housing agency or
owner or manager of housing assisted under a covered
housing program, a statement or other evidence provided
by an applicant or tenant.
``(4) Confidentiality.--Any information submitted to a public
housing agency or owner or manager under this subsection,
including the fact that an individual is a victim of domestic
violence, dating violence, sexual assault, or stalking shall be
maintained in confidence by the public housing agency or owner
or manager and may not be entered into any shared database or
disclosed to any other entity or individual, except to the
extent that the disclosure is--
``(A) requested or consented to by the individual in
writing;
``(B) required for use in an eviction proceeding
under subsection (b); or
``(C) otherwise required by applicable law.
``(5) Documentation not required.--Nothing in this subsection
shall be construed to require a public housing agency or owner
or manager of housing assisted under a covered housing program
to request that an individual submit documentation of the
status of the individual as a victim of domestic violence,
dating violence, sexual assault, or stalking.
``(6) Compliance not sufficient to constitute evidence of
unreasonable act.--Compliance with subsection (b) by a public
housing agency or owner or manager of housing assisted under a
covered housing program based on documentation received under
this subsection, shall not be sufficient to constitute evidence
of an unreasonable act or omission by the public housing agency
or owner or manager or an employee or agent of the public
housing agency or owner or manager. Nothing in this paragraph
shall be construed to limit the liability of a public housing
agency or owner or manager of housing assisted under a covered
housing program for failure to comply with subsection (b).
``(7) Response to conflicting certification.--If a public
housing agency or owner or manager of housing assisted under a
covered housing program receives documentation under this
subsection that contains conflicting information, the public
housing agency or owner or manager may require an applicant or
tenant to submit third-party documentation, as described in
subparagraph (B), (C), or (D) of paragraph (3).
``(8) Preemption.--Nothing in this subsection shall be
construed to supersede any provision of any Federal, State, or
local law that provides greater protection than this subsection
for victims of domestic violence, dating violence, sexual
assault, or stalking.
``(d) Notification.--
``(1) Development.--The Secretary of Housing and Urban
Development shall develop a notice of the rights of individuals
under this section, including the right to confidentiality and
the limits thereof, and include such notice in documents
required by law to be provided to tenants assisted under a
covered housing program.
``(2) Provision.--The applicable public housing agency or
owner or manager of housing assisted under a covered housing
program shall provide the notice developed under paragraph (1)
to an applicant for or tenant of housing assisted under a
covered housing program--
``(A) at the time the applicant is denied residency
in a dwelling unit assisted under the covered housing
program;
``(B) at the time the individual is admitted to a
dwelling unit assisted under the covered housing
program; and
``(C) in multiple languages, consistent with guidance
issued by the Secretary of Housing and Urban
Development in accordance with Executive Order 13166
(42 U.S.C. 2000d-1 note; relating to access to services
for persons with limited English proficiency).
``(e) Emergency Relocation and Transfers.--Each appropriate agency
shall develop a model emergency relocation and transfer plan for
voluntary use by public housing agencies and owners or managers of
housing assisted under a covered housing program that--
``(1) allows tenants who are victims of domestic violence,
dating violence, sexual assault, or stalking to relocate or
transfer to another available and safe dwelling unit assisted
under a covered housing program and retain their status as
tenants under the covered housing program if--
``(A) the tenant expressly requests to move;
``(B)(i) the tenant reasonably believes that the
tenant is threatened with imminent harm from further
violence if the tenant remains within the same dwelling
unit assisted under a covered housing program; or
``(ii) the sexual assault, domestic violence, dating
violence, or stalking occurred on the premises during
the 90-day period preceding the request to move; and
``(C) the tenant has provided documentation as
described in subparagraph (A), (B), (C) or (D) of
subsection (c)(3) if requested by a public housing
agency or owner or manager;
``(2) incorporates reasonable confidentiality measures to
ensure that the public housing agency or owner or manager does
not disclose the location of the dwelling unit of a tenant to a
person that commits an act of domestic violence, dating
violence, sexual assault, or stalking against the tenant;
``(3) describes how the appropriate agency will coordinate
relocations or transfers between dwelling units assisted under
a covered housing program;
``(4) takes into consideration the existing rules and
regulations of the covered housing program;
``(5) is tailored to the specific type of the covered housing
program based on the volume and availability of dwelling units
under the control or management of the public housing agency,
owner, or manager; and
``(6) provides guidance for use in situations in which it is
not feasible for an individual public housing agency, owner, or
manager to effectuate a transfer.
``(f) Policies and Procedures for Emergency Transfer.--The Secretary
of Housing and Urban Development shall establish policies and
procedures under which a victim requesting an emergency transfer under
subsection (e) may receive, subject to the availability of tenant
protection vouchers for assistance under section 8(o)(16) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(16)), assistance under
such section.
``(g) Implementation.--The appropriate agency with respect to each
covered housing program shall implement this section, as this section
applies to the covered housing program.''.
(b) Conforming Amendments.--
(1) Section 6.--Section 6 of the United States Housing Act of
1937 (42 U.S.C. 1437d) is amended--
(A) in subsection (c)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4) and (5)
as paragraphs (3) and (4), respectively;
(B) in subsection (l)--
(i) in paragraph (5), by striking ``, and
that an incident'' and all that follows through
``victim of such violence''; and
(ii) in paragraph (6), by striking ``; except
that'' and all that follows through
``stalking.''; and
(C) by striking subsection (u).
(2) Section 8.--Section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) is amended--
(A) in subsection (c), by striking paragraph (9);
(B) in subsection (d)(1)--
(i) in subparagraph (A), by striking ``and
that an applicant'' and all that follows
through ``assistance or admission''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking ``,
and that an incident'' and all that
follows through ``victim of such
violence''; and
(II) in clause (iii), by striking ``,
except that:'' and all that follows
through ``stalking.'';
(C) in subsection (f)--
(i) in paragraph (6), by adding ``and'' at
the end;
(ii) in paragraph (7), by striking the
semicolon at the end and inserting a period;
and
(iii) by striking paragraphs (8), (9), (10),
and (11);
(D) in subsection (o)--
(i) in paragraph (6)(B), by striking the last
sentence;
(ii) in paragraph (7)--
(I) in subparagraph (C), by striking
``and that an incident'' and all that
follows through ``victim of such
violence''; and
(II) in subparagraph (D), by striking
``; except that'' and all that follows
through ``stalking.''; and
(iii) by striking paragraph (20); and
(E) by striking subsection (ee).
(3) Rule of construction.--Nothing in this Act, or the
amendments made by this Act, shall be construed--
(A) to limit the rights or remedies available to any
person under section 6 or 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437d and 1437f), as in
effect on the day before the date of enactment of this
Act;
(B) to limit any right, remedy, or procedure
otherwise available under any provision of part 5, 91,
880, 882, 883, 884, 886, 891, 903, 960, 966, 982, or
983 of title 24, Code of Federal Regulations, that--
(i) was issued under the Violence Against
Women and Department of Justice Reauthorization
Act of 2005 (Public Law 109-162; 119 Stat.
2960) or an amendment made by that Act; and
(ii) provides greater protection for victims
of domestic violence, dating violence, sexual
assault, and stalking than this Act or the
amendments made by this Act; or
(C) to disqualify an owner, manager, or other
individual from participating in or receiving the
benefits of the low-income housing tax credit program
under section 42 of the Internal Revenue Code of 1986
because of noncompliance with the provisions of this
Act or the amendments made by this Act.
SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
AND STALKING.
Chapter 11 of subtitle B of the Violence Against Women Act of 1994
(42 U.S.C. 13975; as added by section 611 of Public Law 108-21 (117
Stat. 693)) is amended--
(1) in the chapter heading, by striking ``CHILD VICTIMS OF
DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT'' and inserting
``VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING''; and
(2) in section 40299 (42 U.S.C. 13975)--
(A) in the header, by striking ``child victims of
domestic violence, stalking, or sexual assault'' and
inserting ``victims of domestic violence, dating
violence, sexual assault, or stalking'';
(B) in subsection (a)(1), by striking ``fleeing'';
(C) by striking subsection (f); and
(D) in subsection (g)--
(i) in paragraph (1), by striking
``$40,000,000 for each of the fiscal years 2007
through 2011'' and inserting ``$35,000,000 for
each of fiscal years 2013 through 2017''; and
(ii) in paragraph (3)--
(I) in subparagraph (A), by striking
``eligible'' and inserting
``qualified''; and
(II) by adding at the end the
following:
``(D) Qualified application defined.--In this
paragraph, the term `qualified application' means an
application that--
``(i) has been submitted by an eligible
applicant;
``(ii) does not propose any significant
activities that may compromise victim safety;
``(iii) reflects an understanding of the
dynamics of domestic violence, dating violence,
sexual assault, or stalking; and
``(iv) does not propose prohibited
activities, including mandatory services for
victims, background checks of victims, or
clinical evaluations to determine eligibility
for services.''.
SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
Subtitle N of the Violence Against Women Act of 1994 (42 U.S.C.
14043e et seq.) is amended--
(1) in section 41404(i) (42 U.S.C. 14043e-3(i)), by striking
``$10,000,000 for each of fiscal years 2007 through 2011'' and
inserting ``$4,000,000 for each of fiscal years 2013 through
2017''; and
(2) in section 41405(g) (42 U.S.C. 14043e-4(g)), by striking
``$10,000,000 for each of fiscal years 2007 through 2011'' and
inserting ``$4,000,000 for each of fiscal years 2013 through
2017''.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST
VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
Section 41501(e) of the Violence Against Women Act of 1994 (42 U.S.C.
14043f(e)) is amended by striking ``fiscal years 2007 through 2011''
and inserting ``fiscal years 2013 through 2017''.
TITLE VIII--IMMIGRATION PROVISIONS
SEC. 801. FRAUD PREVENTION INITIATIVES.
(a) Credible Evidence Considered.--Section 240A(b)(2) of the
Immigration and Nationality Act (8 U.S.C. 1229b) is amended by striking
subparagraph (D) and inserting the following:
``(D) Credible evidence considered.--In acting on
applications under this paragraph, the Attorney General
shall consider any credible evidence relevant to the
application, including credible evidence submitted by a
national of the United States or an alien lawfully
admitted for permanent residence accused of the conduct
described in subparagraph (A)(i).''.
(b) Application of Special Rule for Battered Spouse, Parent, or
Child.--Section 204(a)(1) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)) is amended--
(1) in subparagraph (A)(iii), by inserting after subclause
(II) the following:
``(III)(aa) Upon filing, each
petition under this clause shall be
transferred to a local office of United
States Citizenship and Immigration
Services and assigned to an
investigative officer for adjudication
and final determination of eligibility.
``(bb) During the adjudication of
each petition under this paragraph, an
investigative officer from a local
office of United States Citizenship and
Immigration Services shall conduct an
in-person interview of the alien who
filed the petition. The investigative
officer may also gather other evidence
and interview other witnesses,
including the accused United States
citizen or lawful permanent resident,
if they consent to be interviewed.
``(cc) All interviews under this
clause shall be conducted under oath
and subject to applicable penalties for
perjury.
``(dd) Upon the conclusion of the
adjudication process under this
subparagraph, the investigative officer
shall issue a final written
determination to approve or deny the
petition. The investigative officer
shall not approve the petition unless
the officer finds, in writing and with
particularity, that all requirements
under this paragraph, including proof
that the alien is a victim of the
conduct described in clause
(iii)(I)(bb), have been proven by clear
and convincing evidence.
``(IV) During the adjudication of a
petition under this clause--
``(aa) the petition shall not
be granted unless the petition
is supported by clear and
convincing evidence; and
``(bb) all credible evidence
submitted by an accused
national of the United States
or alien lawfully admitted for
permanent residence shall be
considered.
``(V)(aa) During the adjudication of
a petition under this paragraph, the
investigative officer at the local
office of United States Citizenship and
Immigration Services shall determine
whether any Federal, State,
territorial, tribal, or local law
enforcement agency has undertaken an
investigation or prosecution of the
abusive conduct alleged by the
petitioning alien.
``(bb) If an investigation or
prosecution was commenced, the
investigative officer shall--
``(AA) obtain as much
information as possible about
the investigation or
prosecution; and
``(BB) consider that
information as part of the
adjudication of the petition.
``(cc) If an investigation or
prosecution is pending, the
adjudication of the petition shall be
stayed pending the conclusion of the
investigation or prosecution. If no
investigation has been undertaken or if
a prosecutor's office has not commenced
a prosecution after the matter was
referred to it, that fact shall be
considered by the investigative officer
as part of the adjudication of the
petition.
``(VI)(aa) If an investigative
officer makes a written finding that
the petitioning alien made a material
misrepresentation on a petition, during
an interview, or during any other
aspect of the adjudication--
``(AA) the alien's petition
shall be denied and the alien
shall be removed from the
country on an expedited basis;
``(BB) the alien shall be
permanently ineligible for any
lawful immigration status or
benefits;
``(CC) any public assistance
or other public benefits
received by the alien or the
alien's beneficiaries shall be
immediately discontinued; and
``(DD) the alien and the
alien's beneficiaries shall not
be eligible for any programs or
initiatives undertaken by the
Department of Homeland Security
or any other agency or
department to delay or exempt
removal, including deferred
action.
``(bb) Upon receiving any evidence of
any material misrepresentation on a
petition, during an interview, or
during any other aspect of the
adjudication, the appropriate officer
of United States Citizenship and
Immigration Services and the Secretary
of Homeland Security shall--
``(AA) deny the petition and
process the alien for expedited
removal, pursuant to item
(aa)(AA); and
``(BB) refer the matter and
all evidence to the Federal
Bureau of Investigation for a
criminal investigation.
``(VII) If a petition filed under
this paragraph is denied, any
obligations under an underlying
affidavit of support previously filed
by the accused national of the United
States or alien lawfully admitted for
permanent residence shall be
terminated.'';
(2) in subparagraph (A)(iv), by adding at the end the
following: ``The petition shall be adjudicated according to the
procedures that apply to self-petitioners under clause
(iii).'';
(3) in subparagraph (A)(vii), by adding at the end the
following: ``The petition shall be adjudicated according to the
procedures that apply to self-petitioners under clause
(iii).'';
(4) in subparagraph (B)(ii), by inserting after subclause
(II) the following:
``(III)(aa) Upon filing, each
petition under this clause shall be
transferred to a local office of United
States Citizenship and Immigration
Services and assigned to an
investigative officer for adjudication
and final determination of eligibility.
``(bb) During the adjudication of
each petition under this paragraph, an
investigative officer from a local
office of United States Citizenship and
Immigration Services shall conduct an
in-person interview of the alien who
filed the petition. The investigative
officer may also gather other evidence
and interview other witnesses,
including the accused United States
citizen or lawful permanent resident,
if they consent to be interviewed.
``(cc) All interviews under this
clause shall be conducted under oath
and subject to applicable penalties for
perjury.
``(dd) Upon the conclusion of the
adjudication process under this
subparagraph, the investigative officer
shall issue a final written
determination to approve or deny the
petition. The investigative officer
shall not approve the petition unless
the officer finds, in writing and with
particularity, that all requirements
under this paragraph, including proof
that the alien is a victim of the
conduct described in clause
(ii)(I)(bb), have been proven by clear
and convincing evidence.
``(IV) During the adjudication of a
petition under this clause--
``(aa) the petition shall not
be granted unless the petition
is supported by clear and
convincing evidence; and
``(bb) all credible evidence
submitted by an accused
national of the United States
or alien lawfully admitted for
permanent residence shall be
considered.
``(V)(aa) During the adjudication of
a petition under this clause, the
investigative officer at the local
office of United States Citizenship and
Immigration Services shall determine
whether any Federal, State,
territorial, tribal, or local law
enforcement agency has undertaken an
investigation or prosecution of the
abusive conduct alleged by the
petitioning alien.
``(bb) If an investigation or
prosecution was commenced, the
investigative officer shall--
``(AA) obtain as much
information as possible about
the investigation or
prosecution; and
``(BB) consider that
information as part of the
adjudication of the petition.
``(cc) If an investigation or
prosecution is pending, the
adjudication of the petition shall be
stayed pending the conclusion of the
investigation or prosecution. If no
investigation has been undertaken or if
a prosecutor's office has not commenced
a prosecution after the matter was
referred to it, that fact shall be
considered by the investigative officer
as part of the adjudication of the
petition.
``(VI)(aa) If an investigative
officer makes a written finding that
the petitioning alien made a material
misrepresentation on a petition, during
an interview, or during any other
aspect of the adjudication--
``(AA) the alien's petition
shall be denied and the alien
shall be removed from the
country on an expedited basis;
``(BB) the alien shall be
permanently ineligible for any
lawful immigration status or
benefits;
``(CC) any public assistance
or other public benefits
received by the alien or the
alien's beneficiaries shall be
immediately discontinued; and
``(DD) the alien and the
alien's beneficiaries shall not
be eligible for any programs or
initiatives undertaken by the
Department of Homeland Security
or any other agency or
department to delay or exempt
removal, including deferred
action.
``(bb) Upon receiving any evidence of
any material misrepresentation on a
petition, during an interview, or
during any other aspect of the
adjudication, the appropriate officer
of United States Citizenship and
Immigration Services and the Secretary
of Homeland Security shall--
``(AA) deny the petition and
process the alien for expedited
removal, pursuant to subclause
(VI)(aa)(AA); and
``(BB) refer the matter and
all evidence to the Federal
Bureau of Investigation for a
criminal investigation.
``(VII) If a petition filed under
this clause is denied, any obligations
under an underlying affidavit of
support previously filed by the accused
national of the United States or alien
lawfully admitted for permanent
residence shall be terminated.''; and
(5) in subparagraph (B)(iii), by adding at the end the
following: ``The petition shall be adjudicated according to the
procedures that apply to self-petitioners under clause (ii).''.
SEC. 802. CLARIFICATION OF THE REQUIREMENTS APPLICABLE TO U VISAS.
Section 214(p)(1) of the Immigration and Nationality Act (8 U.S.C.
1184(p)(1)) is amended as follows:
(1) By striking ``The petition'' and inserting the following:
``(A) In general.--The petition''.
(2) By adding at the end the following:
``(B) Certification requirements.--Each certification
submitted under subparagraph (A) shall confirm under
oath that--
``(i) the criminal activity is actively under
investigation or a prosecution has been
commenced; and
``(ii) the petitioner has provided to law
enforcement information that will assist in
identifying the perpetrator of the criminal
activity or the perpetrator's identity is
known.
``(C) Requirement for certification.--No application
for a visa under section 101(a)(15)(U) may be granted
unless accompanied by the certification as described in
this paragraph.''.
SEC. 803. PROTECTIONS FOR A FIANCEE OR FIANCE OF A CITIZEN.
(a) In General.--Section 214 of the Immigration and Nationality Act
(8 U.S.C. 1184) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``crime.'' and
inserting ``crime described in paragraph (3)(B) and
information on any permanent protection or restraining
order issued against the petitioner related to any
specified crime described in paragraph (3)(B)(i).'';
and
(B) in paragraph (3)(B)(i), by striking ``abuse, and
stalking.'' and inserting ``abuse, stalking, or an
attempt to commit any such crime.''; and
(2) in subsection (r)--
(A) in paragraph (1), by striking ``crime.'' and
inserting ``crime described in paragraph (5)(B) and
information on any permanent protection or restraining
order issued against the petitioner related to any
specified crime described in subsection (5)(B)(i).'';
and
(B) in paragraph (5)(B)(i), by striking ``abuse, and
stalking.'' and inserting ``abuse, stalking, or an
attempt to commit any such crime.''.
(b) Provision of Information to K Nonimmigrants.--Section 833 of the
International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a)
is amended in subsection (b)(1)(A), by striking ``or'' after ``orders''
and inserting ``and''.
SEC. 804. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) Implementation of the International Marriage Broker Act of
2005.--Not later than 90 days after the date of the enactment of this
Act, the Attorney General shall submit to Congress a report that
includes the name of the component of the Department of Justice
responsible for prosecuting violations of the International Marriage
Broker Act of 2005 (subtitle D of Public Law 109-162; 119 Stat. 3066)
and the amendments made by this title.
(b) Regulation of International Marriage Brokers.--Section 833(d) of
the International Marriage Broker Regulation Act of 2005 (8 U.S.C.
1375a(d)) is amended as follows:
(1) By amending paragraph (1) to read as follows:
``(1) Prohibition on marketing of or to children.--
``(A) In general.--An international marriage broker
shall not provide any individual or entity with
personal contact information, photograph, or general
information about the background or interests of any
individual under the age of 18.
``(B) Compliance.--To comply with the requirements of
subparagraph (A), an international marriage broker
shall--
``(i) obtain a valid copy of each foreign
national client's birth certificate or other
proof of age document issued by an appropriate
government entity;
``(ii) indicate on such certificate or
document the date it was received by the
international marriage broker;
``(iii) retain the original of such
certificate or document for 5 years after such
date of receipt; and
``(iv) produce such certificate or document
upon request to an appropriate authority
charged with the enforcement of this
paragraph.''.
(2) In paragraph (2)(B)(ii), by striking ``or stalking.'' and
inserting ``stalking, or an attempt to commit any such
crime.''.
SEC. 805. GAO REPORT.
(a) Requirement for Report.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report
regarding the adjudication of petitions and applications under section
101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)) and the self-petitioning process for VAWA self-
petitioners (as that term is defined in section 101(a)(51) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(51)).
(b) Contents.--The report required by subsection (a) shall--
(1) assess the efficiency and reliability of the process for
reviewing such petitions and applications, including whether
the process includes adequate safeguards against fraud and
abuse; and
(2) identify possible improvements to the adjudications of
petitions and applications in order to reduce fraud and abuse.
SEC. 806. TEMPORARY NATURE OF U VISA STATUS.
(a) In General.--Section 245 of the Immigration and Nationality Act
(8 U.S.C. 1255) is amended by striking subsection (m).
(b) Duration of Nonimmigrant Status.--Section 214(p)(6) of such Act
(8 U.S.C. 1184(p)(6)) is amended by striking ``Such alien's
nonimmigrant status shall be extended beyond the 4-year period
authorized under this section if the alien is eligible for relief under
section 245(m) and is unable to obtain such relief because regulations
have not been issued to implement such section and shall be extended
during the pendency of an application for adjustment of status under
section 245(m).''.
(c) Surviving Relative Consideration for Certain Petitions and
Applications.--Section 204(l)(2)(E) of such Act (8 U.S.C.
1154(l)(2)(E)) is amended by striking ``or in `U' nonimmigrant status
as described in section 101(a)(15)(U)(ii);'' and inserting a semicolon.
(d) Effective Date.--The amendments made by this section shall apply
to applications for adjustment of status submitted on or after the date
of the enactment of this Act, and to previously filed applications that
are pending on the date of enactment of this Act.
SEC. 807. ANNUAL REPORT ON IMMIGRATION APPLICATIONS MADE BY VICTIMS OF
ABUSE.
Not later than December 1, 2012, and annually thereafter, the
Secretary of Homeland Security shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report that includes the following:
(1) The number of aliens who--
(A) submitted an application for nonimmigrant status
under paragraph (15)(T)(i), (15)(U)(i), or (51) of
section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)) during the preceding fiscal year;
(B) were granted such nonimmigrant status during such
fiscal year; or
(C) were denied such nonimmigrant status during such
fiscal year.
(2) The mean amount of time and median amount of time to
adjudicate an application for such nonimmigrant status during
such fiscal year.
(3) The mean amount of time and median amount of time between
the receipt of an application for such nonimmigrant status and
the issuance of work authorization to an eligible applicant
during the preceding fiscal year.
(4) The number of aliens granted continued presence in the
United States under section 107(c)(3) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) during
the preceding fiscal year.
(5) A description of any actions being taken to reduce the
adjudication and processing time, while ensuring the safe and
competent processing, of an application described in paragraph
(1) or a request for continued presence referred to in
paragraph (4).
(6) The actions being taken to combat fraud and to ensure
program integrity.
(7) Each type of criminal activity by reason of which an
alien received nonimmigrant status under section 101(a)(15)(U)
of the Immigration and Nationality Act (8 U.S.C 1101(a)(15)(U))
during the preceding fiscal year and the number of occurrences
of that criminal activity that resulted in such aliens
receiving such status.
SEC. 808. PROTECTION FOR CHILDREN OF VAWA SELF-PETITIONERS.
Section 204(l)(2) of the Immigration and Nationality Act (8 U.S.C.
1154(l)(2)) is amended--
(1) in subparagraph (E), by striking ``or'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) a child of an alien who filed a pending or
approved petition for classification or application for
adjustment of status or other benefit specified in
section 101(a)(51) as a VAWA self-petitioner; or''.
SEC. 809. PUBLIC CHARGE.
Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(4)) is amended by adding at the end the following:
``(E) Special rule for qualified alien victims.--
Subparagraphs (A), (B), and (C) shall not apply to an
alien who--
``(i) is a VAWA self-petitioner;
``(ii) is an applicant for, or is granted,
nonimmigrant status under section
101(a)(15)(U); or
``(iii) is a qualified alien described in
section 431(c) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(c)).''.
SEC. 810. AGE-OUT PROTECTION FOR U VISA APPLICANTS.
Section 214(p) of the Immigration and Nationality Act (8 U.S.C.
1184(p)) is amended by adding at the end the following:
``(7) Age determinations.--
``(A) Children.--An unmarried alien who seeks to
accompany, or follow to join, a parent granted status
under section 101(a)(15)(U)(i), and who was under 21
years of age on the date on which such parent
petitioned for such status, shall continue to be
classified as a child for purposes of section
101(a)(15)(U)(ii), if the alien attains 21 years of age
after such parent's petition was filed but while it was
pending.
``(B) Principal aliens.--An alien described in clause
(i) of section 101(a)(15)(U) shall continue to be
treated as an alien described in clause (ii)(I) of such
section if the alien attains 21 years of age after the
alien's application for status under such clause (i) is
filed but while it is pending.''.
SEC. 811. HARDSHIP WAIVERS.
(a) In General.--Section 216(c)(4) of the Immigration and Nationality
Act (8 U.S.C. 1186a(c)(4)) is amended--
(1) in subparagraph (A), by striking the comma at the end and
inserting a semicolon;
(2) in subparagraph (B), by striking ``(1), or'' and
inserting ``(1); or'';
(3) in subparagraph (C), by striking the period at the end
and inserting a semicolon and ``or''; and
(4) by inserting after subparagraph (C) the following:
``(D) the alien meets the requirements under section
204(a)(1)(A)(iii)(II)(aa)(BB) and following the
marriage ceremony was battered by or subject to extreme
cruelty perpetrated by the alien's intended spouse and
was not at fault in failing to meet the requirements of
paragraph (1).''.
(b) Technical Corrections.--Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)), as amended by subsection (a),
is further amended--
(1) in the matter preceding subparagraph (A), by striking
``The Attorney General, in the Attorney General's'' and
inserting ``The Secretary of Homeland Security, in the
Secretary's''; and
(2) in the undesignated paragraph at the end--
(A) in the first sentence, by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security'';
(B) in the second sentence, by striking ``Attorney
General'' and inserting ``Secretary'';
(C) in the third sentence, by striking ``Attorney
General.'' and inserting ``Secretary.''; and
(D) in the fourth sentence, by striking ``Attorney
General'' and inserting ``Secretary''.
SEC. 812. DISCLOSURE OF INFORMATION FOR NATIONAL SECURITY PURPOSE.
(a) Information Sharing.--Section 384(b) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(b)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``Secretary of Homeland Security or
the'' before ``Attorney General may''; and
(B) by inserting ``Secretary's or the'' before
``Attorney General's discretion'';
(2) in paragraph (2)--
(A) by inserting ``Secretary of Homeland Security or
the'' before ``Attorney General may'';
(B) by inserting ``Secretary or the'' before
``Attorney General for''; and
(C) by inserting ``in a manner that protects the
confidentiality of such information'' after ``law
enforcement purpose'';
(3) in paragraph (5), by striking ``Attorney General is'' and
inserting ``Secretary of Homeland Security and the Attorney
General are''; and
(4) by adding at the end a new paragraph as follows:
``(8) Notwithstanding subsection (a)(2), the Secretary of
Homeland Security, the Secretary of State, or the Attorney
General may provide in the discretion of either such Secretary
or the Attorney General for the disclosure of information to
national security officials to be used solely for a national
security purpose in a manner that protects the confidentiality
of such information.''.
(b) Guidelines.--Subsection (d) (as added by section 817(4) of the
Violence Against Women and Department of Justice Reauthorization Act of
2005) of section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367(d)) is amended by inserting
``and severe forms of trafficking in persons or criminal activity
listed in section 101(a)(15)(U) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(u))'' after ``domestic violence''.
(c) Implementation.--Not later than 180 days after the date of
enactment of this Act, the Attorney General and Secretary of Homeland
Security shall provide the guidance required by section 384(d) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1367(d)), consistent with the amendments made by subsections (a)
and (b).
(d) Clerical Amendment.--Section 384(a)(1) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 is amended by striking
``241(a)(2)'' in the matter following subparagraph (F) and inserting
``237(a)(2)''.
SEC. 813. GAO REPORT ON REQUIREMENTS TO COOPERATE WITH LAW ENFORCEMENT
OFFICIALS.
(a) Requirement for Report.--Not later than three years after the
date of enactment of this Act, the Comptroller General of the United
States shall submit a report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report regarding the adjudication of petitions and
applications under section 101(a)(15)(U) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(U)).
(b) Contents.--The report required by subsection (a) shall--
(1) assess the effectiveness of the requirements set out in
Section 802 of this Act in ensuring that potential U visa
recipients aid in the investigation, apprehension, and
prosecution of criminals;
(2) determine the effect of the requirements set out in
Section 802 of this Act, on the number of U visas issued
annually; and
(3) determine the effect of the requirements set out in
Section 802 of this Act, on the number of individuals seeking U
visas.
SEC. 814. CONSIDERATION OF OTHER EVIDENCE.
Section 237(a)(2)(E)(i) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(2)(E)(i)) is amended by adding at the end the following:
``If the conviction records do not conclusively establish whether a
crime of domestic violence constitutes a crime of violence (as defined
in section 16 of title 18, United States Code), the Attorney General
may consider any other evidence that the Attorney General determines to
be reliable in making this determination, including sentencing reports
and police reports.''.
TITLE IX--SAFETY FOR INDIAN WOMEN
SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
Section 2015(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-10(a)) is amended--
(1) in paragraph (2), by inserting ``sex trafficking,'' after
``sexual assault,'';
(2) in paragraph (4), by inserting ``sex trafficking,'' after
``sexual assault,'';
(3) in paragraph (5), by striking ``and stalking'' and all
that follows and inserting ``sexual assault, sex trafficking,
and stalking;'';
(4) in paragraph (7)--
(A) by inserting ``sex trafficking,'' after ``sexual
assault,'' each place it appears; and
(B) by striking ``and'' at the end;
(5) in paragraph (8)--
(A) by inserting ``sex trafficking,'' after
``stalking,''; and
(B) by striking the period at the end and inserting a
semicolon; and
(6) by adding at the end the following:
``(9) provide services to address the needs of youth who are
victims of domestic violence, dating violence, sexual assault,
sex trafficking, or stalking and the needs of children exposed
to domestic violence, dating violence, sexual assault, or
stalking, including support for the nonabusing parent or the
caretaker of the child; and
``(10) develop and promote legislation and policies that
enhance best practices for responding to violent crimes against
Indian women, including the crimes of domestic violence, dating
violence, sexual assault, sex trafficking, and stalking.''.
SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS.
Section 2001(d) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) developing and promoting State, local, or
tribal legislation and policies that enhance best
practices for responding to violent crimes against
Indian women, including the crimes of domestic
violence, dating violence, sexual assault, stalking,
and sex trafficking.''; and
(2) in paragraph (2)(B), by striking ``individuals or''.
SEC. 903. CONSULTATION.
Section 903 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045d) is amended--
(1) in subsection (a)--
(A) by striking ``and the Violence Against Women Act
of 2000'' and inserting ``, the Violence Against Women
Act of 2000''; and
(B) by inserting ``, and the Violence Against Women
Reauthorization Act of 2012'' before the period at the
end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``Secretary of the Department of Health and
Human Services'' and inserting ``Secretary of Health
and Human Services, the Secretary of the Interior,'';
and
(B) in paragraph (2), by striking ``and stalking''
and inserting ``stalking, and sex trafficking''; and
(3) by adding at the end the following:
``(c) Annual Report.--The Attorney General shall submit to Congress
an annual report on the annual consultations required under subsection
(a) that--
``(1) contains the recommendations made under subsection (b)
by Indian tribes during the year covered by the report;
``(2) describes actions taken during the year covered by the
report to respond to recommendations made under subsection (b)
during the year or a previous year; and
``(3) describes how the Attorney General will work in
coordination and collaboration with Indian tribes, the
Secretary of Health and Human Services, and the Secretary of
the Interior to address the recommendations made under
subsection (b).
``(d) Notice.--Not later than 120 days before the date of a
consultation under subsection (a), the Attorney General shall notify
tribal leaders of the date, time, and location of the consultation.''.
SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.
(a) In General.--Section 904(a) of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg-10
note) is amended--
(1) in paragraph (1)--
(A) by striking ``The National'' and inserting ``Not
later than 2 years after the date of enactment of the
Violence Against Women Reauthorization Act of 2012, the
National''; and
(B) by inserting ``and in Native villages (as defined
in section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602))'' before the period at the end;
(2) in paragraph (2)(A)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(vi) sex trafficking.'';
(3) in paragraph (4), by striking ``this Act'' and inserting
``the Violence Against Women Reauthorization Act of 2012''; and
(4) in paragraph (5), by striking ``this section $1,000,000
for each of fiscal years 2007 and 2008'' and inserting ``this
subsection $1,000,000 for each of fiscal years 2013 and 2014''.
(b) Authorization of Appropriations.--Section 905(b)(2) of the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (28 U.S.C. 534 note) is amended by striking ``fiscal years 2007
through 2011'' and inserting ``fiscal years 2013 through 2017''.
SEC. 905. ASSISTANT UNITED STATES ATTORNEY DOMESTIC VIOLENCE TRIBAL
LIAISONS.
(a) Appointment.--The Attorney General is authorized and encouraged
to appoint the Assistant United States Attorney Tribal Liaison
appointed in each judicial district that includes Indian country to
also serve as a domestic violence tribal liaison.
(b) Duties.--The duties of a domestic violence tribal liaison
appointed under this section shall include the following:
(1) Encouraging and assisting in arrests and Federal
prosecution for crimes, including misdemeanor crimes, of
domestic violence, dating violence, sexual assault, and
stalking that occur in Indian country.
(2) Conducting training sessions for tribal law enforcement
officers and other individuals and entities responsible for
responding to crimes in Indian country to ensure that such
officers, individuals, and entities understand their arrest
authority over non-Indian offenders.
(3) Developing multidisciplinary teams to combat domestic and
sexual violence offenses against Indians by non-Indians.
(4) Consulting and coordinating with tribal justice officials
and victims' advocates to address any backlog in the
prosecution of crimes, including misdemeanor crimes, of
domestic violence, dating violence, sexual assault, and
stalking that occur in Indian country.
(5) Developing working relationships and maintaining
communication with tribal leaders, tribal community and
victims' advocates, and tribal justice officials to gather
information from, and share appropriate information with,
tribal justice officials.
(c) Indian Country.--In this section, the term ``Indian country'' has
the meaning given such term in section 1151 of title 18.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
TITLE X--CRIMINAL PROVISIONS
SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL ABUSE.
(a) Sexual Abuse of a Minor or Ward.--Section 2243(b) of title 18,
United States Code, is amended to read as follows:
``(b) Of a Ward.--
``(1) Offenses.--It shall be unlawful for any person to
knowingly engage, or knowingly attempt to engage, in a sexual
act with another person who is--
``(A) in official detention or supervised by, or
otherwise under the control of, the United States--
``(i) during arrest;
``(ii) during pretrial release;
``(iii) while in official detention or
custody; or
``(iv) while on probation, supervised
release, or parole;
``(B) under the professional custodial, supervisory,
or disciplinary control or authority of the person
engaging or attempting to engage in the sexual act; and
``(C) at the time of the sexual act--
``(i) in the special maritime and territorial
jurisdiction of the United States;
``(ii) in a Federal prison, or in any prison,
institution, or facility in which persons are
held in custody by direction of, or pursuant to
a contract or agreement with, the United
States; or
``(iii) under supervision or other control by
the United States, or by direction of, or
pursuant to a contract or agreement with, the
United States.
``(2) Penalties.--Whoever violates paragraph (1)(A) shall--
``(A) be fined under this title, imprisoned for not
more than 15 years, or both; and
``(B) if, in the course of committing the violation
of paragraph (1), the person engages in conduct that
would constitute an offense under section 2241 or 2242
if committed in the special maritime and territorial
jurisdiction of the United States, be subject to the
penalties provided for under section 2241 or 2242,
respectively.''.
(b) Penalties for Sexual Abuse.--
(1) In general.--Chapter 13 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 250. Penalties for sexual abuse
``(a) Offense.--It shall be unlawful for any person, in the course of
committing an offense under this chapter or under section 901 of the
Fair Housing Act (42 U.S.C. 3631) to engage in conduct that would
constitute an offense under chapter 109A if committed in the special
maritime and territorial jurisdiction of the United States.
``(b) Penalties.--A person that violates subsection (a) shall be
subject to the penalties under the provision of chapter 109A that would
have been violated if the conduct was committed in the special maritime
and territorial jurisdiction of the United States, unless a greater
penalty is otherwise authorized by law.''.
(2) Clerical amendment.--The table of sections for chapter 13
of title 18, United States Code, is amended by adding at the
end the following:
``250. Penalties for sexual abuse.''.
SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS.
(a) Suits by Prisoners.--Section 7(e) of the Civil Rights of
Institutionalized Persons Act (42 U.S.C. 1997e(e)) is amended by
inserting before the period at the end the following: ``or the
commission of a sexual act (as defined in section 2246 of title 18,
United States Code)''.
(b) United States as Defendant.--Section 1346(b)(2) of title 28,
United States Code, is amended by inserting before the period at the
end the following: ``or the commission of a sexual act (as defined in
section 2246 of title 18)''.
(c) Adoption and Effect of National Standards.--Section 8 of the
Prison Rape Elimination Act of 2003 (42 U.S.C. 15607) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Applicability to Detention Facilities Operated by the
Department of Homeland Security.--
``(1) In general.--Not later than 180 days after the date of
enactment of the Violence Against Women Reauthorization Act of
2012, the Secretary of Homeland Security shall publish a final
rule adopting national standards for the detection, prevention,
reduction, and punishment of rape and sexual assault in
facilities that maintain custody of aliens detained for a
violation of the immigrations laws of the United States.
``(2) Applicability.--The standards adopted under paragraph
(1) shall apply to detention facilities operated by the
Department of Homeland Security and to detention facilities
operated under contract with, or pursuant to an
intergovernmental service agreement with, the Department.
``(3) Compliance.--The Secretary of Homeland Security shall--
``(A) assess compliance with the standards adopted
under paragraph (1) on a regular basis; and
``(B) include the results of the assessments in
performance evaluations of facilities completed by the
Department of Homeland Security.
``(4) Considerations.--In adopting standards under paragraph
(1), the Secretary of Homeland Security shall give due
consideration to the recommended national standards provided by
the Commission under section 7(e).
``(d) Applicability to Custodial Facilities Operated by the
Department of Health and Human Services.--
``(1) In general.--Not later than 180 days after the date of
enactment of the Violence Against Women Reauthorization Act of
2012, the Secretary of Health and Human Services shall publish
a final rule adopting national standards for the detection,
prevention, reduction, and punishment of rape and sexual
assault in facilities that maintain custody of unaccompanied
alien children (as defined in section 462(g) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g))).
``(2) Applicability.--The standards adopted under paragraph
(1) shall apply to facilities operated by the Department of
Health and Human Services and to facilities operated under
contract with the Department.
``(3) Compliance.--The Secretary of Health and Human Services
shall--
``(A) assess compliance with the standards adopted
under paragraph (1) on a regular basis; and
``(B) include the results of the assessments in
performance evaluations of facilities completed by the
Department of Health and Human Services.
``(4) Considerations.--In adopting standards under paragraph
(1), the Secretary of Health and Human Services shall give due
consideration to the recommended national standards provided by
the Commission under section 7(e).''.
SEC. 1003. CRIMINAL PROVISION RELATING TO STALKING, INCLUDING
CYBERSTALKING.
(a) In General.--Section 2261A of title 18, United States Code, is
amended to read as follows:
``SEC. 2261A. STALKING.
``(a) Whoever uses the mail, any interactive computer service, or any
facility of interstate or foreign commerce to engage in a course of
conduct or travels in interstate or foreign commerce or within the
special maritime and territorial jurisdiction of the United States, or
enters or leaves Indian country, with the intent to kill, injure,
harass, or intimidate another person, or place another person under
surveillance with the intent to kill, injure, harass, or intimidate
such person and in the course of, or as a result of, such travel or
course of conduct--
``(1) places that person in reasonable fear of the death of,
or serious bodily injury to such person, a member of their
immediate family (as defined in section 115), or their spouse
or intimate partner; or
``(2) causes or attempts to cause serious bodily injury or
serious emotional distress to such person, a member of their
immediate family (as defined in section 115), or their spouse
or intimate partner;
shall be punished as provided in subsection (b).
``(b) The punishment for an offense under this section is the same as
that for an offense under section 2261, except that if--
``(1) the offense involves conduct in violation of a
protection order; or
``(2) the victim of the offense is under the age of 18 years
or over the age of 65 years, the offender has reached the age
of 18 years at the time the offense was committed, and the
offender knew or should have known that the victim was under
the age of 18 years or over the age of 65 years;
the maximum term of imprisonment that may be imposed is increased by 5
years over the term of imprisonment otherwise provided for that offense
in section 2261''.
(b) Clerical Amendment.--The item relating to section 2261A in the
table of sections at the beginning of chapter 110A of title 18, United
States Code, is amended to read as follows:
``2261A. Stalking.''.
SEC. 1004. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.
(a) In General.--Section 113 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Assault with intent to commit murder or a violation of
section 2241 or 2242, by a fine under this title, imprisonment
for not more than 20 years, or both.'';
(B) in paragraph (2), by striking ``felony under
chapter 109A'' and inserting ``violation of section
2241 or 2242'';
(C) in paragraph (3), by striking ``and without just
cause or excuse,'';
(D) in paragraph (4), by striking ``six months'' and
inserting ``1 year'';
(E) in paragraph (5), by striking ``1 year'' and
inserting ``5 years'';
(F) in paragraph (7)--
(i) by striking ``substantial bodily injury
to an individual who has not attained the age
of 16 years'' and inserting ``substantial
bodily injury to a spouse or intimate partner,
a dating partner, or an individual who has not
attained the age of 16 years''; and
(ii) by striking ``fine'' and inserting ``a
fine''; and
(G) by adding at the end the following:
``(8) Assault of a spouse, intimate partner, or dating
partner by strangling, suffocating, or attempting to strangle
or suffocate, by a fine under this title, imprisonment for not
more than 10 years, or both.''; and
(2) in subsection (b)--
(A) by striking ``(b) As used in this subsection--''
and inserting the following:
``(b) In this section--'';
(B) in paragraph (1)(B), by striking ``and'' at the
end;
(C) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(3) the terms `dating partner' and `spouse or intimate
partner' have the meanings given those terms in section 2266;
``(4) the term `strangling' means knowingly or recklessly
impeding the normal breathing or circulation of the blood of a
person by applying pressure to the throat or neck, regardless
of whether that conduct results in any visible injury or
whether there is any intent to kill or protractedly injure the
victim; and
``(5) the term `suffocating' means knowingly or recklessly
impeding the normal breathing of a person by covering the mouth
of the person, the nose of the person, or both, regardless of
whether that conduct results in any visible injury or whether
there is any intent to kill or protractedly injure the
victim.''.
(b) Indian Major Crimes.--Section 1153(a) of title 18, United States
Code, is amended by striking ``assault with intent to commit murder,
assault with a dangerous weapon, assault resulting in serious bodily
injury (as defined in section 1365 of this title)'' and inserting ``a
felony assault under section 113''.
SEC. 1005. MANDATORY MINIMUM SENTENCE.
Section 2241 of title 18, United States Code, is amended--
(1) in subsection (a), in the undesignated matter following
paragraph (2), by striking ``any term of years or life'' and
inserting ``not less than 10 years or imprisoned for life'';
and
(2) in subsection (b), in the undesignated matter following
paragraph (2), by striking ``any term of years or life'' and
inserting ``not less than 5 years or imprisoned for life''.
Purpose and Summary
H.R. 4970 reauthorizes the Violence Against Women Act
(VAWA) grant programs administered by the Department of Justice
and the Department of Health and Human Services for fiscal
years 2013 through 2017. VAWA established essential programs
that support efforts to prevent and prosecute the crimes of
domestic violence, dating violence, sexual assault and
stalking, and to provide assistance and services to the victims
of these crimes. Over the years, its reach has been expanded to
help both the young and the elderly. VAWA's programs support
the work of victim advocates, attorneys, counselors, law
enforcement personnel, prosecutors, health care providers, and
emergency shelters.
Background and Need for the Legislation
DOJ AND HHS GRANT PROGRAMS
VAWA was enacted as Title IV of the Violent Crime Control
and Law Enforcement Act (P.L. 103-322) in 1994. VAWA addresses
violence against women by establishing within the Department of
Justice (DOJ) and the Department of Health and Human Services
(HHS) a number of grant programs for state, local and Indian
tribal governments. Among other provisions, the Act encourages
collaboration among law enforcement, judicial personnel, and
public and private sector providers to victims of domestic and
sexual violence. It also addresses the needs of victims of
domestic and sexual violence who are elderly, disabled,
children, youth, and individuals of ethnic and racial
communities, including Native Americans. Congress has
reauthorized the VAWA grant programs twice in 2000 and 2006.
The VAWA grant programs authorized in 2006 expired at the end
of FY 2011.
The Office on Violence Against Women (OVW) was created in
1995 to provide financial and technical assistance to
communities in order to develop programs, policies, and
practices aimed at ending domestic violence, dating violence,
sexual assault, and stalking.
In 2002, Congress established OVW as a separate office
within DOJ. The goals of OVW are to provide Federal leadership
in developing the nation's capacity to reduce violence against
women; and to administer justice for and strengthen services to
victims of domestic violence, dating violence, sexual assault,
and stalking. Since its creation in 1995, OVW has awarded over
$4.7 billion in grants and cooperative agreements. According to
the OVW, in 2011, the office awarded 832 grants totaling over
$453 million.
DOJ received $412.5 million in appropriations for Fiscal
Year 2012 for its VAWA grant programs.\1\ OVW administers three
formula-based and 14 discretionary grant programs. The
Services, Training, Officers, Prosecutors (STOP) Grant Program,
the largest formula grant program authorized by VAWA, provides
funds for effective law enforcement and prosecution strategies
to address violent crimes against women, and the development
and improvement of advocacy and services in cases involving
violent crimes against women. The Sexual Assault Victims
Services Program or SASP provides intervention and support
services to victims of sexual assault. The State Coalitions
Grant Program, a subset of the SASP program, provides support
to rape crisis centers and other victim services.
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\1\In FY 2009, FY 2010, and FY 2011, OVW was allocated management
and administration funding through a separate Department of Justice
Salaries and Expense Appropriation. M&A; expenses include staff salaries
and benefits, travel and training expenses, space, telecommunications
and other necessary expenses to support the mission of OVW. In FY 2012,
OVW's management and administration (M&A;) expenses are not expressly
provided for in the Appropriations Act; the joint explanatory statement
noted that M&A; should be supported with program funding. As part of
their 2013 Budget Justification, OVW reported that $18,186,000 were
allocated for M&A; in FY 2012.
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VAWA includes a number of discretionary grant programs to
support victims and hold perpetrators accountable through
promoting a coordinated community response. Funding is provided
to local, state and tribal governments, courts, non-profit
organizations, community-based organizations, institutes of
higher education, and state and tribal coalitions in support of
direct services, crisis intervention, transitional housing,
legal assistance to victims, court improvement, and training
for law enforcement and courts. These entities also work with
specific populations, such as elder victims, persons with
disabilities, college students, teens, and culturally-specific
populations.
HHS received $187.3 million for Fiscal Year 2012 for its
grant programs established under VAWA, the majority of which
are allocated for Domestic Violence Shelters and the Family
Violence Prevention and Services Act (FVPSA).\2\ HHS grants
also provide support for the National Domestic Violence Hotline
and a number of Centers for Disease Control programs to address
domestic violence and rape prevention.
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\2\The Family Violence Prevention and Services Act (FVPSA), first
authorized in 1984, is the only Federal funding source dedicated
directly to domestic violence shelters and programs. FVPSA expired in
2008. In 2010, Congress passed a bill to reauthorize FVPSA as part of
the Child Abuse Prevention and Treatment Act (CAPTA) reauthorization
through fiscal year 2015.
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H.R. 4970 reauthorizes these important programs for 5
years. The funding levels mirror those contained in companion
legislation, S. 1925, approved by the Senate on April 26, 2012.
H.R. 4970 incorporates the vast majority of the program reforms
and improvements contained in S. 1925 including consolidation
of a number of court-training, youth-targeted, and health-
related programs and streamlined grant application procedures.
H.R. 4970 provides additional resources for sexual assault
investigations, prosecutions, and victim services to bring
those resources in proportion with victimization rate. The bill
provides a 20 percent set-aside for sexual assault programs
funded under the STOP program and a 25 percent set-aside for
sexual assault programs funded under the discretionary Arrest
program. The bill increases sexual assault prevention and
education funding for territories and the District of Columbia
through improved formulas for the SASP and Rape Prevention and
Education (RPE) programs. The bill also requires that 75% of
funding under the DNA Analysis Backlog Elimination Act of 2000
is dedicated to testing rape kits to reduce the backlog. Under
current law, only 40% of funding is used to actually test these
kits.
H.R. 4970 improves emergency and transitional housing
services for victims. In certain cases, it is important for
victims of domestic violence to be transferred or relocated for
their protection. VAWA housing provisions cover a wide variety
of housing programs, administered by multiple agencies with
widely different requirements. Properties owned by the private
sector are generally separate legal entities (e.g. Section 8
project-based assisted housing and Low Income Housing Tax
Credit properties). Even where the same person or business
enterprise is a partner in two properties, they are considered
separate properties.
Private owners and managers are not able to transfer
residents between properties, and are not in a position to
assist individuals in making alternative housing choices.
Public Housing authorities, however, generally operate multiple
properties and can move tenants fairly easily from one property
to another. For Section 8 voucher recipients, the portability
feature of the program already permits the voucher holder to
move on their own.
S. 1925 requires the housing provider to assume
responsibility for these transfers for victims of domestic
violence. This is simply not workable or realistic in all types
of housing programs. It is burdensome for the owners, who may
not even have the authority to assume this responsibility. H.R.
4970 makes this provision voluntary rather than mandatory.
Opponents of H.R. 4970 criticize its omission of specific
language referencing the Lesbian, Gay, Bisexual and Transgender
(LGBT) community. Adding ``gender identity'' and ``sexual
orientation'' as a factor for VAWA grants is a significant
change in focus from current law. There is nothing in current
law or H.R. 4970 that prevents LGBT victims of domestic
violence from receiving federally-funded resources. There is
little data to support providing protected status to the LGBT
community. The study relied upon by our colleagues in the
Senate, admittedly the first of its kind, had less than a 7%
response rate. Of those that did respond, their chief complaint
was the lack of data collection on LGBT victims. If a study
whose respondents' chief complaint is that more information is
needed, then more research should be conducted before Congress
legislates a solution in search of a problem. LGBT individuals
experience domestic violence at the same rate as heterosexual
individuals. If the rate of violence is the same, then the
availability of funding for services to victims should be the
same, and that's what this bill does.
GRANT ADMINISTRATION AND ACCOUNTABILITY
Audits of DOJ-administered VAWA grants in recent years
identified instances of waste, abuse and fraudulent use of
grant funds. The DOJ Inspector General (IG) has frequently
questioned OVW grantees' use of sizeable portions of the grants
they received.
Between 2005 and 2011, the DOJ IG conducted at least 26
audits of OVW grant recipients. The audit reports detail a
series of violations of grant requirements ranging from very
significant amounts of unsupported or unallowable expenditures,
to sloppy or non-existent required record keeping and failure
to file reports accurately and in a timely manner.
Some specific examples of the DOJ IG's more recent and
significant findings touching upon many of OVW's grant programs
include:
LAn August 2011 audit of the Boston,
Massachusetts-based Jane Doe, Inc., also known as the
Massachusetts Coalition Against Sexual Assault and
Domestic Violence, which received four OVW grants. The
mission of Jane Doe is to bring together organizations
and people committed to ending domestic violence and
sexual assault. The goals of the four Federal grant-
funded programs were to: develop and operate a computer
system to track domestic violence and sexual assault
incidents within Massachusetts; produce a newsletter
and administer a website to increase Jane Doe's state-
wide voice; conduct training via the Jane Doe Training
Institute; coordinate training for police officers and
prosecutors; and hire and retain staff to stimulate
economic recovery. The IG audit concluded that Jane Doe
had engaged in: unsupported and unallowable personnel
expenditures; unallowable or unreasonable non-personnel
grant expenditures; and ineffective contractor
monitoring. The IG questioned as unallowable or
unsupportable $638,000 in grant expenditures, or about
47% of the $1,341,000 awarded.
LA July 2010 audit of the Wilmington,
Delaware-based Community Legal Aid Society, Inc.
(CLASI), which received a grant (and two supplements)
pursuant to the Legal Assistance for Victims Grant
Program. The purpose of the grant was to provide legal
services to victims of domestic violence, sexual
assault, and/or stalking. The IG found that nearly
$830,000 of the $890,000 grant received by CLASI
constituted either unsupported or unallowable
expenditures.\3\
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\3\In a December 7, 2011 letter to Congressman Poe responding to
his earlier inquiry about OVW's grant management capabilities, the
Department attempted to explain why this grantee had not misspent any
of the grant funds it had received. However, the Department made no
effort to explain why OVW had not discovered the problems with the
management of this grant before the IG in the course of its own grant
oversight.
LA March 2009 audit of a grant awarded to
Asotin County, Washington to fund the efforts of
Asotin's Coordinated Community Response Task Force to
review mandatory arrest policies and ensure best
practices are utilized by law enforcement in the pro-
active investigation of domestic violence occurrences
and the violation of protective orders. The grant was
administered by the Asotin County Sheriff's Office. The
IG questioned as unsupportable or unallowable
expenditures $477,000 of the $681,000 grant received by
Asotin County.\4\
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\4\Id.
LAn April 2010 audit of 16 DOJ grants and
cooperative agreements\5\ made to the National District
Attorneys Association (NDAA). Of the 16 grants,
totaling over $16.3 million, 13 were made by various
offices within OJP, and three totaling over $4.75
million were made by OVW. The audit found that the NDAA
did not meet important DOJ grant reporting, expenditure
tracking and cost allocation requirements. The audit
report also found that the NDAA submitted inaccurate
financial status reports to OJP and OVW. Further, the
NDAA did not follow standard accounting practices and
did not maintain adequate internal controls to ensure
compliance with grant requirements. With respect to the
three OVW grants, the IG found over $998,000 in
questionable or unallowable expenditures.\6\
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\5\According to the DOJ IG, cooperative agreements are subject to
the same rules and regulations as grants. Therefore, for purposes of
its audit report, cooperative agreements and grants are used
interchangeably.
\6\The IG also found over $3 million of questionable or unallowable
changes to the 13 OJP grants.
Since 2005, the Government Accountability Office (GAO) has
issued five reports related to DOJ grant program management and
oversight, often recommending the need for improvements,
accountability and simplification and streamlining of
processes. A sixth GAO report will be available in June 2012.
The GAO found in FY10 that DOJ offered 56 different grant
programs in the area of victim assistance. OVW accounted for 15
of those grant programs while the rest were offered by OJP.
Total victim assistance grants amounted to $872 million.\7\
However, OVW and OJP do not share common oversight in the areas
of assessment of internal control processes, oversight of
monitoring activities, program assessments, grants management
training and grants management reports.
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\7\Government Accountability Office, 2012 Annual Report:
Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve
Savings, and Enhance Revenue, GAO-12-342SP, at 112 (February 2012).
---------------------------------------------------------------------------
``OVW officials stated they intended to require that
applicants for all of OVW's programs identify other Federal
funding they are receiving beginning in fiscal year 2012. While
this is a positive step, there is no indication that this
information would be shared with other granting agencies or
whether other granting agencies are considering implementing a
similar practice.''\8\
---------------------------------------------------------------------------
\8\Id. at 114.
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Based on ongoing work, GAO anticipates recommending that
the Attorney General conduct an assessment to better understand
the extent to which its grant programs overlap with one another
and determine if grant programs may be consolidated to mitigate
the risk of unnecessary duplication.
H.R. 4970 brings greater accountability to VAWA grant
administration and ensures that more taxpayer money is spent on
victims of domestic violence, dating violence, sexual assault
and stalking than on Washington bureaucrats. To achieve these
goals, this bill requires that the Inspectors General of DOJ
and HHS conduct an annual audit of at least 10 per cent of all
VAWA grant recipients. The bill prohibits the use of grant
funds to lobby Congress, the administration or state
legislatures regarding the awarding of grant funds and limits
the use of funds for OVW salaries and administrative expenses
to 5 percent of the annual authorization.
The 2006 VAWA reauthorization created the Office of Audit,
Assessment and Management or OAAM to improve and enhance
programmatic oversight for grants administered by DOJ. But the
2006 bill did not expressly include VAWA grants within OAAM
auditing. Section 4 of H.R. 4970 does just that, ensuring that
VAWA grants are subjected to the same oversight as other grants
within DOJ.
H.R. 4970 also requires the Attorney General, in
consultation with the Secretary of Health and Human Services,
to improve the coordination of grants within the Department.
There are numerous grant programs in the various grant-making
offices that are redundant, duplicative, or overlap with one
another. The Government Accountability Office issued a report
in February that found that DOJ should improve how it targets
nearly $3.9 billion in spending to reduce the risk of
potential, unnecessary duplication across the more than 11,000
grant awards it makes annually.\9\ This provision is an
important first step to reduce unnecessary waste of taxpayer
dollars and improve the efficiency of grant administration.
---------------------------------------------------------------------------
\9\Id. at 110.
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IMMIGRATION REFORMS TO REDUCE FRAUD, PROTECT THE TRUE VICTIMS OF
DOMESTIC VIOLENCE, AND ASSIST POLICE AND PROSECUTORS IN INVESTIGATING
CRIMES AND PROSECUTING CRIMINALS
VAWA Self-Petitions
The Immigration and Nationality Act (``INA'') allows U.S.
citizens to petition for their alien spouses, minor sons and
daughters and parents for permanent residence.\10\ Permanent
residents may petition for their alien spouses and minor
children.\11\ Such aliens who are victims of battery or extreme
cruelty by their U.S. citizen spouses, parents or children, or
permanent resident spouses or parents may apply on their own--
``self-petition''--for classification as permanent
residents.\12\
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\10\See sections 201(b)(2)(A)(i) and 204(a)(1)(A)(i) of the INA.
\11\See sections 203(a)(2) and 204(a)(1)(B)(i)(I) of the INA.
\12\See section 204(a)(1)(A)(iii), (iv) and (vii) and section
204(a)(1)(B)(ii)-(iii) of the INA.
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Unfortunately, U.S. Citizenship and Immigration Services
(``USCIS'') must deal with falsified claims of domestic abuse
by self-petitioners, often after the initial petition filed by
their sponsoring spouse has been denied for failure to
demonstrate a valid marriage. The U.S. citizen or permanent
resident spouse may have been a willing participant in the
fraudulent marriage or may have entered into it under the
illusion it was legitimate. Following the denial, the alien
spouse then claims abuse and seeks to self-petition--
confidentiality protections for domestic violence victims
prevent the U.S. citizen or permanent resident spouse from
presenting evidence that counters the alien's claims of
abuse.\13\
---------------------------------------------------------------------------
\13\See section 1367(a)(2) of the INA.
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Also, as soon as a self-petition is filed, the adjudication
is moved to the domestic violence unit at USCIS's Vermont
Service Center (``VSC'').\14\ The self-petitioner is never
interviewed--the VSC is in a remote location and it bases its
decision primarily on documents submitted by the self-
petitioner. The U.S. citizen is never interviewed--the
confidentiality protection prohibits this.
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\14\See memo from the Office of Programs, Immigration and
Naturalization Service, to Regional Directors, District Directors,
Officers-in-Charge, and Service Center Directors, May 6, 1997.
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An example of fraud in the self-petition process involves a
self-petition that the VSC approved in 2006. Regarding the
alleged abuse, the Appellate Division of the Supreme Court of
New York ruled in 2008 that:
[T]he Supreme Court [of New York] found, with support
in the record, that the mother, on at least one
occasion, had filed false charges of physical abuse
against the father. Indeed the record was clear that
the mother made numerous false charges against the
father. There were four incidents of physical abuse
accusations by the mother against the father, in August
2004, December 2004, January 2005, and December 2005.
All of the Family Court petitions, when filed,
apparently were withdrawn or dismissed. All of the
mother's reports to child protective authorities were
investigated and determined to be ``unfounded.''
Moreover, expert medical testimony in the record
strongly suggests that, regarding the January 2005
alleged incident, the mother manufactured proof of
physical injury to herself.\15\
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\15\Mohen v. Mohen, 11 N.Y.3d 710; 900 N.E.2d 555; 872 N.Y.S.2d 72
(2008).
American citizen Julie Poner has testified before the
Senate Judiciary Committee about how she was victimized by the
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self-petition process:
Facing deportation for marriage fraud . . . my [alien]
husband, a former professional hockey player, at 6
feet, 2 inches tall and over 200 pounds, self-
petitioned as a battered and abused spouse. It was at
this point that all communication I'd had with the two
[government] trial attorneys stopped, because once an
immigrant files [a self petition] they are protected by
the Federal Government. Immigration officials are
prohibited from entering into a discussion with the
American named in the claim.
. . . .
``Over the years I have talked with countless men and
women who have similar stories to tell, American
citizens who have lost access to their children, their
homes, their jobs, and in some cases their freedom
because of false allegations of abuse. Currently there
are no safeguards in place to prevent fraud or to
prevent an immigrant from fabricating tales of spousal
abuse. . . . No one from a local USCIS Service Center
investigates or conducts a face-to-face interview with
the immigrant. The only evidence considered is what is
submitted by the self-petitioning immigrant, and the
entire process is handled via paperwork in the Vermont
Service Center. . . . [C]laims of battery and abuse go
unchallenged . . . . [T]he immigrant is presumed to be
the victim. . . .\16\
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\16\The Violence against Women Act: Building on 17 Years of
Accomplishments: Hearing Before the Senate Committee on the Judiciary,
112th Cong. 13 (2011).
In order to ensure that fraudulent self-petitions are
identified, section 801 of the bill provides that 1) all
credible evidence relevant to the petitions are to be
considered by the adjudicator, including that provided by the
alleged abusive U.S. citizens or permanent residents, 2)
petitions are to be adjudicated by the local office of USCIS,
which shall conduct in-person interviews of the aliens who
filed the petitions and may conduct interviews of the alleged
abusive U.S. citizens or permanent residents and of other
persons, if they consent to be interviewed, and 3) in order to
approve a petition, the local USCIS must find that all
statutory requirements, including that the aliens were victims
of abuse, have been proven by clear and convincing evidence. A
self-petitioning alien's whereabouts will not be disclosed to
the alleged abusive U.S. citizen or permanent resident.
Finally, where the self-petitioning alien made material
misrepresentations in the petition, interview, or elsewhere,
the alien's application shall be denied, the alien shall be
removed from the country and be permanently ineligible for any
lawful immigration status and the FBI shall be notified.
The required interviews of self-petitioning aliens and the
discretionary interviews of the alleged abusive U.S. citizens
or permanent residents are absolutely essential to combat
fraud. There is no substitute for an in-person interview in
order to get to the truth.\17\ There is no substitute to
hearing both sides of a dispute to get at the truth--American
courts and American juries could not effectively operate any
other way. Julie Poner testified as to the necessity of
interviews. ``We respectfully ask that you please . . .
require[] a local USCIS agent to conduct a proper and thorough
investigation into these types of cases which would include
access to interview both spouses in the process.''\18\ Any
potential inconvenience is abated by moving the adjudication
process out of the VSC and into local USCIS offices.
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\17\While it is true that interviews of successful self-petitioners
do occur at the later stage of applications for adjustment of status to
permanent residence. However, the adjustment of status adjudicator does
not revisit the VAWA self-petition to determine if it was fraudulent.
They only determine whether the requirements for adjustment of status
have been met.
\18\The Violence against Women Act: Building on 17 Years of
Accomplishments at 14.
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USCIS' own model shows that dispersed adjudication officers
can be trained effectively to handle sensitive applications and
victims of trauma. Asylum officers stationed around the country
are trained to make determinations as to whether aliens have
suffered persecution or have reasonable fears that they will
suffer persecution. Asylees have undergone traumatic
experiences such as the murder of their friends and family,
rape, torture and other violence. These issues are just as
sensitive and complex as those found in domestic violence self-
petition cases.
U Visas
U visas are temporary visas given to illegal immigrants who
have been victims of crimes (or attempted crimes) in the U.S.,
including offenses such as murder, domestic violence,
involuntary servitude, felonious assault, obstruction of
justice and perjury.\19\
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\19\See sec. 101(a)(15)(U) of the INA.
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The annual limitation on the award of U visas is
10,000.\20\ However, this limitation does not apply to the
derivative family members of U visa recipients--the spouses and
minor children of U visa recipients are themselves eligible for
U visas, as are the minor siblings and parents of U visa
recipients who are minors.\21\ Since the issuance of the first
U visa in fiscal year 2009, almost 50,000 illegal immigrants
have received U visas.\22\ The number of U visa petitions has
been increasing dramatically year by year. In fiscal year 2009,
U visa petitions were submitted for 10,937 illegal immigrants.
In 2010, petitions were submitted for 17,160 illegal
immigrants; in 2011, petitions were submitted for 26,801. So
far in 2012, petitions have been filed for 12,192 illegal
immigrants--at this rate, the total will approach 36,576 by the
end of the fiscal year.\23\
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\20\See sec. 214(p)(2)(A) of the INA.
\21\See sec. 214(p)(2)(B) of the INA.
\22\Information provided by USCIS.
\23\Id.
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The U visa program was created in order to allow illegal
immigrant victims of crime to stay in the country in order to
assist with the apprehension and prosecution of criminal
perpetrators.\24\ However, this primary rationale has been
poorly served by the current U visa program because in order to
receive U visas, illegal immigrants are not required to
actually provide assistance to police and prosecutors, only to
be ``likely'' to be helpful.\25\ This has limited the ability
of law enforcement officials and prosecutors to investigate and
prosecute criminals.
---------------------------------------------------------------------------
\24\See sec. 1513(a)(2) of title V of division B of Pub. L. No.
106-386 (2005).
\25\See sec. 101(a)(15)(U)(i)(III) of the INA.
---------------------------------------------------------------------------
Therefore, section 802 of the bill makes clear that in
order for an illegal immigrant to be eligible for a U visa, a
law enforcement official must certify that the criminal
activity is actively under investigation or a prosecution has
commenced, and the petitioner has provided law enforcement with
information that will assist in identifying the perpetrator of
the criminal activity (unless the perpetrator's identity is
already known). These provisions will ensure that U visas
remain the tools for which they were designed--to assist law
enforcement in solving crimes and prosecuting criminals.
As the primary justification for U visas is to make illegal
immigrants available to assist law enforcement in the
investigation and prosecution of crimes, temporary U visas are
sufficient for this purpose. Aliens with U visas can stay in
the U.S. as long as law enforcement considers necessary to
assist in criminal investigations and prosecutions.\26\
---------------------------------------------------------------------------
\26\See sec. 214(p)(6) of the INA.
---------------------------------------------------------------------------
However, current law allows U visa recipients to receive
permanent residence after 3 years in U visa status in the U.S.
if USCIS finds that the aliens' continued presence in the U.S.
is justified on humanitarian grounds, to ensure family unity,
or is otherwise in the public interest.\27\ USCIS grants 97% of
such requests for permanent residence.\28\ This is not fair to
the American people. Neither is the provision of a special
pathway to citizenship fair to all those millions of immigrants
and prospective immigrants who have played by the rules. And it
makes a mockery of our generous legal immigration system. Thus,
section 806 of the bill eliminates this special access to
permanent residence.
---------------------------------------------------------------------------
\27\See sec. 245(m)(1) of the INA.
\28\Information provided by the Congressional Research Service.
---------------------------------------------------------------------------
Deportation for Aliens Convicted of Domestic Violence
In 1996, Congress made it a deportable offense for ``[a]ny
alien [to be] convicted of a crime of domestic violence. . .
.''\29\ The Immigration and Nationality Act defines the term
``crime of domestic violence'' to be any crime of violence (as
defined in section 16 of title 18 of the U.S. Code) committed
by a current or former spouse or certain other family
members.\30\
---------------------------------------------------------------------------
\29\See sec. 350 of division C of Pub. L. No. 104-208 (1996), found
at sec. 237(a)(2)(E)(i) of the INA.
\30\Id.
---------------------------------------------------------------------------
Section 16 in turn defines a crime of violence as ``an
offense that has as an element the use, attempted use, or
threatened use of physical force against the person or property
of another . . . or any other offense that is a felony and
that, by its nature, involves a substantial risk that physical
force against the person or property of another may be used in
the course of committing the offense.''
As a result of a number of Supreme Court decisions, many
aliens who such commit domestic violence can frustrate their
deportations. In the 2010 decision of Johnson v. U.S.,\31\ the
Court ruled that the term ``physical force'' must mean
``violent force--that is, force capable of causing physical
pain or injury to another person.''\32\ The Court stated:
---------------------------------------------------------------------------
\31\130 S. Ct. 1265 (2010).
\32\Id. at 1271 (emphasis in original).
[T]he government asserts that our interpretation will
make it more difficult to remove . . . an alien
convicted of a ``crime of domestic violence.'' . . .
The Government contends it will be harder to obtain
removal based upon battery convictions that, like those
in Florida, do not require the use of violent physical
force. The dissent likewise anticipates that in the
States it has identified . . . as having generic
felony-battery statutes that cover both violent force
and unwanted physical contact, our decision will render
convictions under those statutes . . . ``outside the
scope of [deportation].''\33\
---------------------------------------------------------------------------
\33\Id. at 1273 (citation omitted).
---------------------------------------------------------------------------
As Justice Alito argued in dissent:
Cases of spousal and child abuse are frequently
prosecuted under generally applicable assault and
battery statutes . . . and . . . the assault and
battery statutes of almost half the States apply both
to cases involving the use of violent force and cases
involving offensive touching. . . . [I]f the Court's
interpretation of the term ``physical force'' is
applied to [the deportation for domestic violence
statute], many convicted spousal and child abusers will
escape removal. . . .\34\
---------------------------------------------------------------------------
\34\Id. at 1278 (Alito, J., dissenting).
This is exactly what has happened. The Board of Immigration
Appeals has since ruled that aliens cannot be deported simply
by virtue of convictions for domestic violence offenses that
don't specify the level of physical violence used.\35\
---------------------------------------------------------------------------
\35\See Matter of Velasquez, 25 I&N; Dec. 278 (BIA 2010).
---------------------------------------------------------------------------
The Supreme Court in Johnson did state that ``a court [may]
determine which statutory phrase was the basis for the
conviction by consulting the trial record--including charging
documents, plea agreements, transcripts of plea colloquies,
findings of fact and conclusions of law from a bench trial, and
jury instructions and verdict forms.''\36\
---------------------------------------------------------------------------
\36\See Johnson at 1273.
---------------------------------------------------------------------------
However, as Justice Alito stated in dissent, it will
``often be impossible'' for the government to produce trial
records showing that the offender's conduct involved the use of
violent force, as ``charging documents frequently simply track
the language of the statute, and jury instructions often do not
require juries to draw distinctions based on the type of force
that the defendant employed.''\37\ And in the 2005 decision of
Shepard v. U.S., the Supreme Court interpreted a particular
statute to not allow a judge to look to documents such as
police reports or complaint applications in similar
scenarios.\38\
---------------------------------------------------------------------------
\37\Id. at 1278 (Alito, J., dissenting).
\38\See 544 U.S. 13, 16 (2005).
---------------------------------------------------------------------------
In response, section 814 of the bill allows immigration
judges to consider all evidence they find reliable in making a
determination as to whether an alien batterer used sufficient
violent force to justify deportation under the INA. They will
be able to use documents like police reports and sentencing
reports, which they cannot use currently.
RESOURCES TO ADDRESS VIOLENCE AGAINST INDIAN WOMEN
Title IX of H.R. 4970 reauthorizes two grant programs to
Indian tribal governments and tribal coalitions specifically
targeted at curbing domestic violence, sexual assault, dating
violence, and stalking in Indian country. Title IX also
includes a report to Congress from DOJ on its annual
consultation with Indian tribal governments on the
administration VAWA program in Indian country. This title also
expands an ongoing study of violence committed against Indian
women to include women in Alaska Native Villages and sex
trafficking crimes.
Opponents of H.R. 4970 criticize the legislation for
omitting two unconstitutional provisions approved by the Senate
in S. 1925. Unfortunately, proponents of these provisions are
willing to place election-year politics above the rule of law.
S. 1925 grants Indian Tribal governments jurisdiction to issue
civil protection orders against and prosecute non-Indians for
domestic violence and dating violence offenses against Indians
occurring within Indian Country.
Current law allows Indian tribes to issue civil protection
orders against and prosecute crimes committed by any Indian
(even if not a member of the prosecuting tribe) in the Indian
Country of that tribe, but it does not allow the tribes to
issue protection orders against or criminally prosecute non-
Indians.
Indian tribes are not foreign nations but rather ``domestic
dependent nations'' within the United States. Indian tribes are
not parties to the U.S. Constitution and derive neither powers
nor obligations from it. Tribes are therefore not subject to
the government limitations enumerated in the Constitution,
either directly via the Bill of Rights or through the
Incorporation Clause of the 14th Amendment. The Supreme Court,
in Oliphant v. Suquamish Indian Tribe (435 U.S. 191 (1978)),
held the tribes do not have inherent sovereignty to try non-
Indians.
It is an unsettled question of constitutional law whether
Congress has the authority under the Indian Commerce Clause to
recognize inherent tribal sovereignty over non-Indians. As the
Congressional Research Service notes, Congress may ``not have
authority to subject citizens to inherent tribal criminal
authority.''\39\ However, ``it is possible that the courts
would uphold tribal authority to try [non-Indian] defendants as
a delegation of Federal authority.''\40\
---------------------------------------------------------------------------
\39\Congressional Research Service, Tribal Criminal Jurisdiction
over Non-Indians in VAWA and the SAVE Act, CRS R42488, at 7 (May 2012).
\40\Id.
---------------------------------------------------------------------------
If Congress acts to delegate its authority to Indian
tribes, then tribes would be required to provide defendants
full constitutional rights. If, instead, Congress acts to
recognize the tribes' ``inherent'' sovereign authority, then
the Constitution does not apply. Criminal defendants would
therefore have to rely upon statutory protections under the
Indian Civil Rights Act (ICRA), enacted in 1968, and the Tribal
Law and Order Act (TLOA), enacted in 2010. S. 1925 achieves its
goal of tribal jurisdiction over non-Indian defendants by
recognizing ``inherent'' sovereign authority rather than by
delegating Federal authority. Therefore, only ICRA and TLOA
apply.
ICRA and TLOA protections are similar to the Bill of
Rights, but not identical. Moreover, the Supreme Court noted in
Nevada v. Hicks (533 U.S. 353 (2001)), that ``there is a
definite trend by tribal courts toward the view that they have
leeway in interpreting the ICRA's due process and equal
protection clauses and need not follow the U.S. Supreme Court
precedents jot-for-jot.''
Therefore, tribes have discretion as to whether or how to
implement the statutory rights in ICRA and TLOA. If signed into
law, this would be the first time that Indian Tribal
governments have civil and criminal jurisdiction over non-
Indians and there are legitimate Constitutional concerns. Non-
Indians tried within the Indian Tribal government system would
not be guaranteed their full constitutional rights, including
their right to court-appointed counsel and their right to trial
by an impartial trial by a jury of their peers. Even DOJ
acknowledges that under this proposal, a defendant tried and
punished in the tribal court would have ``no direct right of
appeal to a Federal court''\41\ meaning they could not assert a
denial of a right except through a habeas corpus petition.
---------------------------------------------------------------------------
\41\Letter from Mr. Ronald Weich, Assistant Attorney General, U.S.
Dept. of Justice, to the Honorable Joseph R. Biden, Jr., President,
U.S. Senate, Attachment 2 at 8 (July 2011).
---------------------------------------------------------------------------
Habeas relief is inadequate. Defendants would have no right
to challenge a constitutional violation pre-trial, such as the
sufficiency of probable cause to arrest and try the defendant,
or the ability to exclude from trial evidence obtained in
violation of the 4th amendment. Therefore, illegitimate
prosecutions based on illegally-obtained evidence can proceed
with only an ``after-the-fact'' remedy. Habeas relief would
also require the non-Indian defendant to exhaust all tribal
appeals before pursuing habeas relief in Federal court.
The civil jurisdiction provision of S. 1925 also raises due
process concerns. The Supreme Court has held that due process
requires that a defendant have ``minimum contacts'' with a
jurisdiction ``such that the maintenance of the suit [in the
jurisdiction] does not offend traditional notions of fair play
and substantial justice.''
The justification for why these provisions are necessary is
also questionable. Proponents of these provisions tout
unverifiable statistics about the rate of non-Indian violence
against Indian women on Indian land, claiming that 88 percent
of the perpetrators of violence against Indians are non-
Indians. The two principal reports relied on by proponents of
the tribal jurisdictional changes in S. 1925 were prepared by
the Bureau of Justice Statistics. A 1999 BJS study found that
70 percent of all crimes against Indians were committed by non-
Indian offenders. A second BJS study, published in 2004, found
that 66 percent of crimes against Indians were committed by a
non-Indian.
But a published 2008 study by the South Dakota Attorney
General (SDAG) demonstrates the inaccuracy of this data.\42\
According to the SDAG study, these two reports suffered two
design flaws. First, the researchers ``ignored Federal case
data . . . on American Indian crime.''\43\ The Attorney General
noted this was a ``serious error of omission.''\44\ Second,
researchers relied primarily upon data from the National Crime
Victim Survey rather than the Uniform Crime Report. When the
SDAG recalculated South Dakota data using both state and
Federal crime data for intentional homicide and forcible rape,
the results were dramatically different than those of the BJS
studies.
---------------------------------------------------------------------------
\42\Larry Long et al., Understanding Contextual Differences in
American Indian Criminal Justice, 32 Amer. Indian Culture & Research J.
4, 41 (2008).
\43\Id. at 45.
\44\Id.
---------------------------------------------------------------------------
While the BJS studies claimed that the rate of Indian
homicides by non-Indian offenders was 42 percent, the SDAG
study found that the rate of Indian homicides by Indian
offenders was 92 percent. The BJS studies claimed that the rate
of Indian rape or sexual assault by non-Indian offenders ranged
between 80 and 88 percent (1999 = 82 percent white offenders, 6
percent black offenders; 2004 = 4 out of 5 offenders non-
Indian). The SDAG data showed that 69 percent of these crimes
were, in fact, intra-racial.
In 2011, the FBI's Indian Country Crimes Unit conducted a
``snapshot'' study of crimes reported within six FBI Safe
Trails Task Force locations over a 60-day period on ten
different reservations around the country. Over 30,000 calls
were analyzed. Of these, 650 were domestic violence-related. Of
those 650, four (4) calls involved an identified non-Indian
offender.
Over the last year, the FBI and Bureau of Indian Affairs
(BIA) have begun reviewing 20 years' worth of crime reports
across 6 different reservations as part of the President's High
Priority Performance Goal (HPPG) Initiative. Based on the
review of tens of thousands of reports, the rate of non-Indian
domestic violence against Indian victims is consistent with the
FBI's ``snapshot'' study. It is the BIA's opinion that non-
native domestic violence offenders represent a very small
percentage of domestic violence-reported crimes in Indian
Country.
In meetings with committee staff, both the Justice
Department and Indian tribe representatives acknowledge that
the non-Indian DV offender statistics previously relied upon as
justification for granting tribes criminal jurisdiction of non-
Indian defendants are flawed. But they ``assume'' that domestic
violence is occurring within inter-racial relationships in
Indian country.
The data demonstrates that the vast majority of domestic
violence in Indian country is intra-racial. In an effort to
target additional resources to combat violence against Indian
women, we were pleased to work with the gentleman from
Virginia, Mr. Scott, on an amendment unanimously approved in
markup. This provision provides additional resources to
investigate and prosecute domestic violence in Indian Country.
The amendment expands the duties of the Assistant United States
Attorney Tribal Liaisons to provide greater focus on domestic
violence in Indian country. These domestic violence tribal
liaisons are required to encourage and assist in arrests and
prosecutions of domestic violence, dating violence, sexual
assault, and stalking, including misdemeanor offenses, that
occur in Indian country; provide training for tribal law
enforcement officers; and work to address any backlog of these
crimes that occur in Indian country.
ENHANCED CRIMINAL PENALTIES
Title X of H.R. 4970 enhances penalties for sexual abuse,
stalking and sexual assault. The bill expands existing offense
of sexual abuse of a minor or ward to prohibit a person who has
supervisory or custodial authority over a person who is under
arrest, on pretrial release, on probation, or otherwise under
supervision pending further judicial proceedings from engaging
in sexual activity with the person who is under his or her
supervisory or custodial authority.
The penalties for criminal civil rights violations
involving sexual abuse are made consistent with the penalties
for sexual abuse in other Federal statutes. Currently, civil
rights violations involving sexual abuse are punished only as
misdemeanors, even though the same sexual misconduct would
result in serious felony penalties under other Federal statutes
if it occurred on Federal land or was within other Federal
jurisdiction. The bill also provides that if in the course of
committing a civil rights violation enumerated in Chapter 13 of
Title 18 of the United States Code (including section 901 of
the Fair Housing Act (42 U.S.C. 3631)), a person engages in
conduct that would constitute a sexual abuse offense under
Chapter 109A of title 18 of the United States Code, will be
subject to the applicable penalties under that chapter.
H.R. 4970 increases Federal assault penalties and rewrites
the Federal stalking statute, 18 U.S.C. Sec. 2261A, and adds
additional penalties for stalking against vulnerable victims or
in violation of a protection order. The bill also adds
mandatory penalties under the Federal aggravated sexual abuse
statute. The current penalty for this offense is ``any term of
years or life, or both.'' H.R. 4970 imposes a 10 year mandatory
penalty for forcible rape and a 5 year mandatory penalty for
rape committed by other means, i.e., rendering a person
unconscious or inducing incapacitation by a drug or intoxicant.
Hearings
The Committee on the Judiciary's Subcommittee on Crime,
Terrorism and National Security held a hearing on the Office on
Violence Against Women on February 16, 2012. Testimony was
received from Susan Carbon, Director of the Department of
Justice's Office on Violence Against Women. The Committee on
the Judiciary held no legislative hearings on H.R. 4970.
Committee Consideration
On May 8, 2012, the Committee met in open session and
ordered the bill H.R. 4970 favorably reported with an
amendment, by a rollcall vote of 17 to 15, a quorum being
present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following rollcall votes occurred during the Committee's
consideration of H.R. 4970.
1. An amendment offered by Mr. Poe to strike the provision
requiring U visa applicants to have reported criminal activity
they were victim of within 60 days of its occurrence and
requiring that the statute of limitations for prosecuting an
offense based on the criminal activity had not lapsed. Approved
30-0.
ROLLCALL NO. 1
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Smith, Chairman.......................... X
Mr. Sensenbrenner, Jr........................
Mr. Coble.................................... X
Mr. Gallegly................................. X
Mr. Goodlatte................................ X
Mr. Lungren.................................. X
Mr. Chabot................................... X
Mr. Issa..................................... X
Mr. Pence....................................
Mr. Forbes................................... X
Mr. King..................................... X
Mr. Franks................................... X
Mr. Gohmert..................................
Mr. Jordan...................................
Mr. Poe...................................... X
Mr. Chaffetz................................. X
Mr. Griffin.................................. X
Mr. Marino................................... X
Mr. Gowdy.................................... X
Mr. Ross..................................... X
Ms. Adams.................................... X
Mr. Quayle...................................
Mr. Amodei................................... X
Mr. Conyers, Jr., Ranking Member............. X
Mr. Berman................................... X
Mr. Nadler...................................
Mr. Scott.................................... X
Mr. Watt..................................... X
Ms. Lofgren.................................. X
Ms. Jackson Lee.............................. X
Ms. Waters................................... X
Mr. Cohen....................................
Mr. Johnson, Jr..............................
Mr. Pierluisi................................ X
Mr. Quigley.................................. X
Ms. Chu......................................
Mr. Deutch................................... X
Ms. Sanchez.................................. X
Mr. Polis.................................... X
--------------------------
Total.................................... 30 0
------------------------------------------------------------------------
2. An amendment offered by Ms. Lofgren and Mr. Berman to
replace the immigration title of the bill with language from
the immigration title of S. 1925. Defeated 12-17.
ROLLCALL NO. 2
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Smith, Chairman.......................... X
Mr. Sensenbrenner, Jr........................ X
Mr. Coble.................................... X
Mr. Gallegly.................................
Mr. Goodlatte................................ X
Mr. Lungren.................................. X
Mr. Chabot................................... X
Mr. Issa..................................... X
Mr. Pence....................................
Mr. Forbes...................................
Mr. King..................................... X
Mr. Franks................................... X
Mr. Gohmert..................................
Mr. Jordan................................... X
Mr. Poe...................................... X
Mr. Chaffetz................................. X
Mr. Griffin..................................
Mr. Marino................................... X
Mr. Gowdy.................................... X
Mr. Ross..................................... X
Ms. Adams.................................... X
Mr. Quayle................................... X
Mr. Amodei................................... X
Mr. Conyers, Jr., Ranking Member............. X
Mr. Berman................................... X
Mr. Nadler................................... X
Mr. Scott.................................... X
Mr. Watt..................................... X
Ms. Lofgren.................................. X
Ms. Jackson Lee..............................
Ms. Waters................................... X
Mr. Cohen....................................
Mr. Johnson, Jr.............................. X
Mr. Pierluisi................................ X
Mr. Quigley.................................. X
Ms. Chu...................................... X
Mr. Deutch...................................
Ms. Sanchez..................................
Mr. Polis....................................
--------------------------
Total.................................... 12 17
------------------------------------------------------------------------
3. An amendment offered by Mr. Nadler, Mr. Polis, and Mr.
Quigley to add a purpose area to the STOP Grants authorized
under Part T of Title I of the Omnibus Crime Control and Safe
Streets Act of 1968. Defeated 12-15.
ROLLCALL NO. 3
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Smith, Chairman.......................... X
Mr. Sensenbrenner, Jr........................ X
Mr. Coble.................................... X
Mr. Gallegly.................................
Mr. Goodlatte................................
Mr. Lungren.................................. X
Mr. Chabot................................... X
Mr. Issa.....................................
Mr. Pence....................................
Mr. Forbes................................... X
Mr. King.....................................
Mr. Franks................................... X
Mr. Gohmert..................................
Mr. Jordan................................... X
Mr. Poe...................................... X
Mr. Chaffetz.................................
Mr. Griffin.................................. X
Mr. Marino................................... X
Mr. Gowdy.................................... X
Mr. Ross.....................................
Ms. Adams.................................... X
Mr. Quayle................................... X
Mr. Amodei................................... X
Mr. Conyers, Jr., Ranking Member............. X
Mr. Berman...................................
Mr. Nadler................................... X
Mr. Scott.................................... X
Mr. Watt..................................... X
Ms. Lofgren.................................. X
Ms. Jackson Lee.............................. X
Ms. Waters................................... X
Mr. Cohen.................................... X
Mr. Johnson, Jr..............................
Mr. Pierluisi................................ X
Mr. Quigley.................................. X
Ms. Chu......................................
Mr. Deutch................................... X
Ms. Sanchez.................................. X
Mr. Polis....................................
--------------------------
Total.................................... 12 15
------------------------------------------------------------------------
4. An amendment offered by Mr. Quigley, Mr. Polis, and Mr.
Nadler to amend the definition of ``underserved populations''
in Section 3. Defeated 13-16.
ROLLCALL NO. 4
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Smith, Chairman.......................... X
Mr. Sensenbrenner, Jr........................ X
Mr. Coble.................................... X
Mr. Gallegly.................................
Mr. Goodlatte................................ X
Mr. Lungren.................................. X
Mr. Chabot................................... X
Mr. Issa.....................................
Mr. Pence....................................
Mr. Forbes...................................
Mr. King..................................... X
Mr. Franks................................... X
Mr. Gohmert..................................
Mr. Jordan................................... X
Mr. Poe......................................
Mr. Chaffetz................................. X
Mr. Griffin..................................
Mr. Marino................................... X
Mr. Gowdy.................................... X
Mr. Ross..................................... X
Ms. Adams.................................... X
Mr. Quayle................................... X
Mr. Amodei................................... X
Mr. Conyers, Jr., Ranking Member............. X
Mr. Berman...................................
Mr. Nadler...................................
Mr. Scott.................................... X
Mr. Watt..................................... X
Ms. Lofgren.................................. X
Ms. Jackson Lee.............................. X
Ms. Waters................................... X
Mr. Cohen.................................... X
Mr. Johnson, Jr.............................. X
Mr. Pierluisi................................ X
Mr. Quigley.................................. X
Ms. Chu......................................
Mr. Deutch................................... X
Ms. Sanchez.................................. X
Mr. Polis.................................... X
--------------------------
Total.................................... 13 16
------------------------------------------------------------------------
5. An amendment offered by Ms. Jackson-Lee to authorize
audits of untested rape kits under the DNA Analysis Backlog
Elimination Act of 2000. Defeated 12-16.
ROLLCALL NO. 5
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Smith, Chairman.......................... X
Mr. Sensenbrenner, Jr........................ X
Mr. Coble.................................... X
Mr. Gallegly.................................
Mr. Goodlatte................................ X
Mr. Lungren.................................. X
Mr. Chabot...................................
Mr. Issa.....................................
Mr. Pence.................................... X
Mr. Forbes................................... X
Mr. King..................................... X
Mr. Franks................................... X
Mr. Gohmert..................................
Mr. Jordan................................... X
Mr. Poe......................................
Mr. Chaffetz................................. X
Mr. Griffin.................................. X
Mr. Marino................................... X
Mr. Gowdy.................................... X
Mr. Ross.....................................
Ms. Adams.................................... X
Mr. Quayle...................................
Mr. Amodei................................... X
Mr. Conyers, Jr., Ranking Member............. X
Mr. Berman...................................
Mr. Nadler...................................
Mr. Scott....................................
Mr. Watt..................................... X
Ms. Lofgren.................................. X
Ms. Jackson Lee.............................. X
Ms. Waters................................... X
Mr. Cohen.................................... X
Mr. Johnson, Jr.............................. X
Mr. Pierluisi................................ X
Mr. Quigley.................................. X
Ms. Chu......................................
Mr. Deutch................................... X
Ms. Sanchez.................................. X
Mr. Polis.................................... X
--------------------------
Total.................................... 12 16
------------------------------------------------------------------------
6. An amendment offered by Mr. Deutch, Ms. Chu, and Mr.
Polis to strike section 801, amending the self-petition process
for permanent residence. Defeated 11-17.
ROLLCALL NO. 6
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Smith, Chairman.......................... X
Mr. Sensenbrenner, Jr........................ X
Mr. Coble.................................... X
Mr. Gallegly................................. X
Mr. Goodlatte................................ X
Mr. Lungren.................................. X
Mr. Chabot................................... X
Mr. Issa..................................... X
Mr. Pence....................................
Mr. Forbes................................... X
Mr. King..................................... X
Mr. Franks................................... X
Mr. Gohmert.................................. X
Mr. Jordan...................................
Mr. Poe...................................... X
Mr. Chaffetz................................. X
Mr. Griffin.................................. X
Mr. Marino................................... X
Mr. Gowdy.................................... X
Mr. Ross.....................................
Ms. Adams.................................... X
Mr. Quayle...................................
Mr. Amodei...................................
Mr. Conyers, Jr., Ranking Member............. X
Mr. Berman...................................
Mr. Nadler...................................
Mr. Scott.................................... X
Mr. Watt..................................... X
Ms. Lofgren.................................. X
Ms. Jackson Lee.............................. X
Ms. Waters...................................
Mr. Cohen....................................
Mr. Johnson, Jr.............................. X
Mr. Pierluisi................................ X
Mr. Quigley..................................
Ms. Chu......................................
Mr. Deutch................................... X
Ms. Sanchez.................................. X
Mr. Polis.................................... X
--------------------------
Total.................................... 11 17
------------------------------------------------------------------------
7. An amendment by Ms. Jackson Lee, Ms. Lofgren and Mr.
Polis to strike section 801, amending the self-petition process
for permanent residence, sections 802 and 806, amending the U
visa program, and section 813, calling for a GAO report on the
U visa program. Defeated 10-15.
ROLLCALL NO. 7
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Smith, Chairman.......................... X
Mr. Sensenbrenner, Jr........................ X
Mr. Coble.................................... X
Mr. Gallegly................................. X
Mr. Goodlatte................................
Mr. Lungren..................................
Mr. Chabot................................... X
Mr. Issa..................................... X
Mr. Pence....................................
Mr. Forbes................................... X
Mr. King..................................... X
Mr. Franks................................... X
Mr. Gohmert.................................. X
Mr. Jordan................................... X
Mr. Poe......................................
Mr. Chaffetz................................. X
Mr. Griffin..................................
Mr. Marino................................... X
Mr. Gowdy.................................... X
Mr. Ross..................................... X
Ms. Adams.................................... X
Mr. Quayle...................................
Mr. Amodei...................................
Mr. Conyers, Jr., Ranking Member............. X
Mr. Berman...................................
Mr. Nadler...................................
Mr. Scott.................................... X
Mr. Watt.....................................
Ms. Lofgren.................................. X
Ms. Jackson Lee.............................. X
Ms. Waters...................................
Mr. Cohen.................................... X
Mr. Johnson, Jr..............................
Mr. Pierluisi................................ X
Mr. Quigley..................................
Ms. Chu......................................
Mr. Deutch................................... X
Ms. Sanchez.................................. X
Mr. Polis.................................... X
--------------------------
Total.................................... 10 15
------------------------------------------------------------------------
8. An amendment by Mr. Pierluisi and Ms. Jackson Lee to
allocate additional U visas. Defeated 11-12.
ROLLCALL NO. 8
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Smith, Chairman.......................... X
Mr. Sensenbrenner, Jr........................ X
Mr. Coble....................................
Mr. Gallegly................................. X
Mr. Goodlatte................................ X
Mr. Lungren.................................. X
Mr. Chabot................................... X
Mr. Issa.....................................
Mr. Pence....................................
Mr. Forbes................................... X
Mr. King..................................... X
Mr. Franks................................... X
Mr. Gohmert..................................
Mr. Jordan...................................
Mr. Poe......................................
Mr. Chaffetz.................................
Mr. Griffin..................................
Mr. Marino................................... X
Mr. Gowdy....................................
Mr. Ross..................................... X
Ms. Adams.................................... X
Mr. Quayle...................................
Mr. Amodei...................................
Mr. Conyers, Jr., Ranking Member............. X
Mr. Berman...................................
Mr. Nadler...................................
Mr. Scott.................................... X
Mr. Watt.....................................
Ms. Lofgren.................................. X
Ms. Jackson Lee.............................. X
Ms. Waters...................................
Mr. Cohen.................................... X
Mr. Johnson, Jr.............................. X
Mr. Pierluisi................................ X
Mr. Quigley.................................. X
Ms. Chu......................................
Mr. Deutch................................... X
Ms. Sanchez.................................. X
Mr. Polis.................................... X
--------------------------
Total.................................... 11 12
------------------------------------------------------------------------
9. An amendment offered by Mr. Polis, Mr. Nadler, Mr.
Quigley, Ms. Waters, and Ms. Chu to amend the nondiscrimination
grant condition in Section 3. Defeated 14-18.
ROLLCALL NO. 9
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Smith, Chairman.......................... X
Mr. Sensenbrenner, Jr........................ X
Mr. Coble....................................
Mr. Gallegly................................. X
Mr. Goodlatte................................ X
Mr. Lungren.................................. X
Mr. Chabot................................... X
Mr. Issa..................................... X
Mr. Pence....................................
Mr. Forbes................................... X
Mr. King..................................... X
Mr. Franks................................... X
Mr. Gohmert..................................
Mr. Jordan................................... X
Mr. Poe...................................... X
Mr. Chaffetz.................................
Mr. Griffin.................................. X
Mr. Marino................................... X
Mr. Gowdy.................................... X
Mr. Ross..................................... X
Ms. Adams.................................... X
Mr. Quayle...................................
Mr. Amodei................................... X
Mr. Conyers, Jr., Ranking Member............. X
Mr. Berman................................... X
Mr. Nadler...................................
Mr. Scott.................................... X
Mr. Watt..................................... X
Ms. Lofgren.................................. X
Ms. Jackson Lee.............................. X
Ms. Waters................................... X
Mr. Cohen.................................... X
Mr. Johnson, Jr.............................. X
Mr. Pierluisi................................ X
Mr. Quigley.................................. X
Ms. Chu......................................
Mr. Deutch................................... X
Ms. Sanchez.................................. X
Mr. Polis.................................... X
--------------------------
Total.................................... 14 18
------------------------------------------------------------------------
10. Motion to report H.R. 4970, as amended, favorably to
the House. Motion agreed to, 17-15.
ROLLCALL NO. 10
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Smith, Chairman.......................... X
Mr. Sensenbrenner, Jr........................ X
Mr. Coble....................................
Mr. Gallegly................................. X
Mr. Goodlatte................................ X
Mr. Lungren.................................. X
Mr. Chabot................................... X
Mr. Issa..................................... X
Mr. Pence....................................
Mr. Forbes................................... X
Mr. King..................................... X
Mr. Franks................................... X
Mr. Gohmert..................................
Mr. Jordan................................... X
Mr. Poe...................................... X
Mr. Chaffetz.................................
Mr. Griffin.................................. X
Mr. Marino................................... X
Mr. Gowdy.................................... X
Mr. Ross..................................... X
Ms. Adams.................................... X
Mr. Quayle...................................
Mr. Amodei................................... X
Mr. Conyers, Jr., Ranking Member............. X
Mr. Berman................................... X
Mr. Nadler...................................
Mr. Scott.................................... X
Mr. Watt..................................... X
Ms. Lofgren.................................. X
Ms. Jackson Lee.............................. X
Ms. Waters................................... X
Mr. Cohen.................................... X
Mr. Johnson, Jr.............................. X
Mr. Pierluisi................................ X
Mr. Quigley.................................. X
Ms. Chu......................................
Mr. Deutch................................... X
Ms. Sanchez.................................. X
Mr. Polis.................................... X
--------------------------
Total.................................... 17 15
------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 4970, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 11, 2012.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4970, the
``Violence Against Women Reauthorization Act of 2012.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 4970--Violence Against Women Reauthorization Act
of 2012.
As ordered reported by the House Committee on the Judiciary on May 8,
2012.
SUMMARY
H.R. 4970 would authorize the appropriation of close to
$660 million annually over the 2013-2017 period for programs in
the Department of Justice (DOJ) and the Department of Health
and Human Services (HHS) to combat violence against women. In
addition, H.R. 4970 would establish new Federal crimes and
broaden the coverage of existing crimes relating to violence
against women. Finally, the bill would reduce the number of
individuals with legal permanent resident (LPR) status, which
would effectively decrease direct spending in a number of
programs.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 4970 would cost about $2.2
billion over the 2013-2017 period. Enacting the legislation
would affect direct spending and revenues; therefore, pay-as-
you-go procedures apply. CBO estimates that enacting the bill
would reduce direct spending by $429 million (including $33
million that would be classified as off-budget savings) and
increase revenues by $7 million over the 2013-2022 period.
CBO has not reviewed a provision in section 3 of H.R. 4970
for intergovernmental or private-sector mandates since that
provision prohibits discrimination on the basis of race, color,
religion, national origin, sex, or disability. Section 4 of the
Unfunded Mandates Reform Act (UMRA) excludes from the
application of that act any legislative provision that
establishes or enforces statutory rights prohibiting such
discrimination.
Other provisions of H.R. 4970 would impose no
intergovernmental mandates as defined in UMRA. The bill would,
however, impose private-sector mandates as defined in UMRA on
brokers of international marriage and certain supervisors over
persons under official control of the United States. CBO
estimates that the cost of those mandates would fall well below
the annual threshold established in UMRA ($146 million in 2012,
adjusted annually for inflation).
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 4970 is shown in the
following table. The costs of this legislation fall within
budget functions 500 (education, training, employment, and
social services), 550 (health), 570 (Medicare), 600 (income
security), 650 (social security), 750 (administration of
justice), and 800 (general government).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2013 2014 2015 2016 2017 2013-2017
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
DOJ Programs
Authorization Level 589 589 589 589 589 2,945
Estimated Outlays 130 306 424 512 589 1,961
HHS Program
Authorization Level 65 65 65 65 65 325
Estimated Outlays 24 54 61 63 63 265
Other Programs
Estimated Authorization Level 3 2 1 1 1 8
Estimated Outlays 3 2 1 1 1 8
Total Changes
Estimated Authorization Level 657 656 655 655 655 3,278
Estimated Outlays 157 362 486 576 653 2,234
CHANGES IN DIRECT SPENDING\1\
Estimated Budget Authority 0 -5 -9 -14 -19 -47
Estimated Outlays 0 -5 -9 -14 -19 -47
----------------------------------------------------------------------------------------------------------------
Note: DOJ = Department of Justice; HHS = Department of Health and Human Services.
1. CBO estimates that enacting H.R. 4970 would reduce direct spending by $429 million over the 2013-2022 period.
Included in that estimated decrease in direct spending is $33 million that would be recorded as a change in
off-budget spending. Enacting the bill also would increase revenues by $7 million over the 2013-2022 period.
BASIS OF ESTIMATE
For this estimate, CBO assumes that the bill will be
enacted in 2012, that the necessary amounts will be provided
each year, and that spending will follow historical patterns
for similar activities.
Spending Subject to Appropriation
H.R. 4970 would authorize the appropriation of $589 million
annually over the 2013-2017 period for DOJ to make grants to
State, local, and tribal governments and nonprofit
organizations for programs to reduce violence against women.
Activities authorized by the bill include legal assistance for
victims, outreach services for victims of rural domestic
violence, and training for investigators and prosecutors of
sexual assault crimes. CBO estimates that implementing those
programs would cost about $2 billion over the 2013-2017 period.
H.R. 4970 also would authorize the appropriation of $65
million annually over the 2013-2017 period for several grant
programs administered by HHS. The legislation would authorize
grants for rape prevention and education programs, programs to
educate health professionals who address domestic violence and
other crimes, and collaborative grants to assist homeless
victims. CBO estimates that implementing those programs would
cost $265 million over the 2013-2017 period.
In addition, H.R. 4970 would require DOJ, the Department of
Homeland Security, and the Government Accountability Office to
carry out certain studies concerning efforts to combat violence
against women. Based on the cost of similar activities, CBO
estimates that those studies would cost about $8 million to
complete over the 2013-2017 period.
CBO projects that enacting the bill would reduce the number
of students eligible for Pell grants, the bulk of which are
funded through annual appropriations. Assuming appropriations
are reduced by the estimated amounts and provide for a maximum
discretionary award level of $4,860 (as in the most recently
enacted appropriations act), CBO estimates the bill would
reduce discretionary costs by a negligible amount over the
2013-2017 period and by $2 million over the 2013-2022 period.
As discussed below under the heading, ``Assistance for Higher
Education,'' the bill also would affect direct spending for
Pell grants.
Direct Spending
CBO estimates that enacting H.R. 4970 would decrease direct
spending by $429 million and increase revenues by $7 million
over the 2013-2022 period. Section 806 would eliminate the
separate track to legal permanent resident status currently
available to holders of U visas. CBO estimates that a total of
117,000 U visa holders that would have obtained LPR status
under current law would no longer be able to obtain this status
under this bill. (U visas are issued to people who were victims
of specified crimes and who are assisting or are expected to
assist law enforcement officials in the investigation and
prosecution of those crimes.)
Medicaid. By eliminating the path by which individuals
issued nonimmigrant U visas can adjust to LPR status and later
naturalize, H.R. 4970 would decrease the number of adults and
their dependent children who would be eligible to enroll in
Medicaid and receive full Medicaid benefits after being in the
country for five years. In addition, fewer people would receive
emergency services from Medicaid under the bill. CBO estimates
that decreasing the number of people eligible for Medicaid
services under H.R. 4970 would reduce direct spending by $169
million over the 2013-2022 period.
Exchange Subsidies. Eliminating the path through which U
visa holders can obtain LPR status would decrease the number of
people eligible to receive subsidies for health insurance
through the insurance ``exchanges'' created by the Affordable
Care Act, starting in 2014. Legal permanent residents can be
eligible for exchange subsidies if they meet income
requirements and do not have access to certain other sources of
health insurance coverage. H.R. 4970 would reduce the number of
legal permanent residents relative to current law, and would
therefore result in budgetary savings. CBO and the staff of the
Joint Committee on Taxation (JCT) estimate that the outlay
portion of the decrease in premium and cost-sharing subsidies
for health insurance offered through exchanges under H.R. 4970
would be about $162 million over the 2013-2022 period.\1\
(There is also an effect on revenues as discussed below under
the heading, ``Revenues.'')
---------------------------------------------------------------------------
\1\Subsidies for health insurance premiums are structured as
refundable tax credits; the portions of such credits that exceed
taxpayers' liabilities are classified as outlays, while the portions
that reduce tax payments are reflected in the budget as reductions in
revenues.
Nutrition. By reducing the number of people with LPR
status, H.R. 4970 would reduce the number of people eligible
for benefits under the Supplemental Nutrition Assistance
Program (SNAP) and the child nutrition programs. Under current
law, adults who obtain legal permanent resident status are
eligible for SNAP after a five-year waiting period, assuming
that they meet the program's eligibility requirements, though
children born in the United States and LPRs under the age of 18
are eligible immediately. In addition, foreign-born children
are eligible for child nutrition programs, such as school lunch
and breakfast, regardless of their immigration status. CBO
estimates that, under the bill, direct spending on those
nutrition programs would decline by $52 million over the 2013-
---------------------------------------------------------------------------
2022 period.
Social Security and Medicare. Few of the U visa holders
affected by H.R. 4970 would have been able to work long enough
to become eligible for Social Security retirement benefits or
age-based Medicare during the 2013-2022 period, but many could
have become eligible for Social Security Disability Insurance
and, consequently, disability-based Medicare over that period.
Based on information from the Current Population Survey (CPS),
CBO projects that under the bill, about 600 fewer people would
receive Social Security benefits (primarily for disability
insurance) by 2022. CBO estimates that enacting H.R. 4970 would
reduce (off-budget) Social Security outlays by $33 million and
(on-budget) Medicare outlays by $11 million over the 2013-2022
period.
Supplemental Security Income (SSI). Based on information
from the CPS, CBO projects that under current law fewer than 50
U visa holders affected by H.R. 4970 would have naturalized and
received SSI benefits based on old age or disability during the
2013-2022 period. In addition, CBO expects that around 1
percent of the citizen-children who would have been born in the
United States to those visa holders affected by H.R. 4970 would
have qualified for SSI as the result of birth defects or other
severe disabilities. In total, CBO estimates that enacting H.R.
4970 would reduce SSI outlays by $1 million over the 2013-2022
period.
Assistance for Higher Education. CBO also projects that the
bill would reduce the number of students eligible for Pell
grants. Though most Pell grant funding is discretionary, CBO
estimates enacting the bill would decrease direct spending by
$1 million over the 2013-2022 period for the mandatory portion
of the Pell Grant program. (The bill would have an
insignificant effect on direct spending for student loans.)
Revenues
CBO and JCT estimate that enacting H.R. 4970 would increase
revenues by $7 million over the 2013-2022 period. That estimate
is the revenue portion of the decrease in premium and cost-
sharing subsidies for health insurance offered through
exchanges that would occur by decreasing the number of LPRs
under H.R. 4970, discussed above under the heading, ``Exchange
Subsidies.''
H.R. 4970 also would establish new Federal crimes and
broaden the coverage of existing crimes relating to violence
against women. Enacting the bill could increase collections of
criminal fines (which are recorded in the budget as revenues)
for violations of the bill's provisions. CBO estimates that any
additional collections would not be significant because of the
relatively small number of additional cases likely to be
affected. Criminal fines are recorded as revenues, deposited in
the Crime Victims Fund, and subsequently spent without further
appropriation.
PAY-AS-YOU-GO CONSIDERATIONS
The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting
on-budget direct spending or revenues. The net changes in
outlays and revenues that are subject to those pay-as-you-go
procedures are shown in the following table.
_______________________________________________________________________
CBO Estimate of Pay-As-You-Go Effects for H.R. 4970 as ordered reported
by the House Committee on the Judiciary on May 8, 2012
_______________________________________________________________________
By Fiscal Year, in Millions of Dollars
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2013-2017 2013-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE ON-BUDGET DEFICIT
Statutory Pay-As-You-Go Impact 0 -5 -9 -14 -17 -29 -50 -69 -93 -116 -45 -403
Memorandum:
Changes in Outlays 0 -4 -9 -13 -17 -29 -49 -68 -91 -114 -44 -396
Changes in Revenues 0 0 0 0 1 1 1 1 1 2 1 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
CBO has not reviewed a provision in section 3 of H.R. 4970
for intergovernmental or private-sector mandates since that
provision prohibits discrimination on the basis of race, color,
religion, national origin, sex, or disability. Section 4 of
UMRA excludes from the application of that act any legislative
provision that establishes or enforces statutory rights
prohibiting such discrimination.
Other provisions of H.R. 4970 would impose no
intergovernmental mandates as defined in UMRA. The proposed
changes to the U visa program would reduce the number of
individuals eligible for Medicaid assistance. Since a portion
of Medicaid is paid for by State governments, CBO estimates
that State spending on the program would decline by about $104
million over the 2013-2022 period. The bill would authorize the
appropriation of about $3.3 billion over the 2013-2017 period
for a variety of new and existing programs to assist law
enforcement, public service providers, institutions of higher
education, and housing agencies. Public and private entities
would benefit from those programs. Any increased costs to those
entities as a result of complying with grant requirements would
be incurred voluntarily as conditions of receiving Federal
assistance.
The bill would impose private-sector mandates as defined in
UMRA by increasing reporting requirements for international
marriage brokers and prohibiting certain activities for
individuals that hold a supervisory role over persons under
official control of the United States. Because the requirements
would be small changes from existing requirements, CBO
estimates that the incremental costs of those mandates on the
private sector would fall well below the annual threshold
established in UMRA ($146 million in 2012, adjusted annually
for inflation).
PREVIOUS CBO ESTIMATE
On March 29, 2012, CBO transmitted a cost estimate for S.
1925, the Violence Against Women Reauthorization Act of 2011,
as reported by the Senate Committee on the Judiciary on
February 7, 2012. We estimated that implementing that
legislation would cost about $2.2 billion over the 2012-2017
period, assuming appropriation of the necessary amounts. In
addition, CBO estimated that enacting S. 1925 would increase
direct spending by $108 million and decrease revenues by $3
million over the 2012-2022 period.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz (DHS), Stephanie Cameron (HHS),
Jonathan Morancy (visas), Kirstin Nelson (Medicaid), Sarah
Anders (exchange subsidies), Justin Humphrey (higher
education), Kathleen FitzGerald and Emily Holcombe
(nutrition), David Rafferty (Medicare, Social Security, and
Supplemental Security Income)
Impact on State, Local, and Tribal Governments: Melissa Merrell
Impact on the Private Sector: Marin Randall
ESTIMATE APPROVED BY:
Peter H. Fontaine
Assistant Director for Budget Analysis
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
4970 reauthorizes the Violence Against Women Act grants
administered by Department of Justice and the Department of
Health and Human Services for Fiscal Years 2013 to 2017, amends
certain sections of Title 18, United States Code, relating to
protecting alien victims of domestic violence and assisting
police and prosecutors in investigating crimes and prosecuting
criminals.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 4970 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Section 1. Short Title.
This section cites the short title of the bill at the
``Violence Against Women Act Reauthorization Act of 2012.''
Section 2. Table of Contents.
This section provides the table of contents for the bill.
Section 3. Universal Definitions and Grant Conditions.
This section provides technical corrections to existing
definitions and universal definitions for all VAWA programs,
including: ``Alaska native village,'' ``child,'' ``culturally
specific services,'' ``culturally specific,'' ``homeless,''
``personally identifying information or personal information,''
``population specific organization,'' ``population specific
services,'' ``rape crisis center,'' ``sex trafficking,''
``sexual assault,'' ``tribal coalition,'' ``underserved
populations,'' ``unit of local government,'' ``victim
services,'' ``victim service provider,'' and ``youth.''
This section also revises the grant conditions that apply
to all VAWA programs, including: providers of legal assistance
must be sufficiently trained or experienced in providing such
assistance to victims consistent with the requirements in the
Legal Assistance to Victims program; restrictions on disclosure
of victims' confidential and personally identifying
information; provides grantees with the ability to advocate for
state, local or tribal model codes or legislation to better
respond to the needs of victims; and updates the anti-
discrimination provision for VAWA grantees.
Section 4. Accountability Provisions.
This section requires VAWA audits to be performed by the
Office of Audit, Assessment, and Management (OAAM) in DOJ,
requires grantees to identify other sources of Federal grant
funding in their applications, and requires the Attorney
General to improve the coordination between the grant-making
offices to reduce duplication and overlap.
This section imposes new accountability requirements on
DOJ, HHS and VAWA grantees, including: requires the DOJ and HHS
IGs to conduct an annual audit of no fewer than 10 percent of
all VAWA grant recipients; excludes the award of funds for 2
fiscal years to grantees found to have an unresolved audit
finding for 1 year; requires DOJ to deposit into the General
Fund of the Treasury the equivalent of monies awarded to a
grantee barred by an IG finding and seek to recoup the funds
from the grantee; prohibits the use of grant funds to lobby
DOJ, Congress or state or local governments regarding the award
of grant funding, a grantee found to be in violation of this
prohibition must repay the grant in full and is prohibited from
receiving another grant under this Act for 5 years; prohibits
the award of grant funds to nonprofit organizations that hold
money in offshore accounts for the purposes of avoiding Federal
taxes; limits the use of funds for salaries and administrative
expenses to 5 percent of funds authorized under the Act; and
prohibits the use of funds to host or support any expenditure
for conferences unless such conference receives prior written
approval by the Deputy Attorney General, appropriate Assistant
Attorney General or the Deputy Secretary of Health and Human
Services.
Section 5. Effective Date.
This section provides an effective date for Titles I, II,
III, IV, VII, and sections 3, 602, 901, and 902 of the first
day of the fiscal year following date of enactment unless
otherwise specified in the Act.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
Section 101. STOP Grants.
This section reauthorizes the STOP (Services -Training--
Officers--Prosecutors) grant program for 5 years. The
authorized funding for STOP is reduced from $225 million to
$222 million. The STOP grant is the primary VAWA formula grant
program to state and local governments to address the crimes of
domestic violence, sexual assault, dating violence and
stalking. Each state, U.S. territory, and the District of
Columbia receives grants according to a statutory formula.
Recipients can then subgrant these funds to state agencies,
state and local courts, units of local government, tribal
governments, and nonprofit, nongovernmental victim services
providers. This section increases the emphasis on training and
enforcement of crimes of sexual violence, adds the offense of
stalking to grant purpose areas, promotes efforts to reduce
rape kit backlogs, and includes a 20 percent set-aside for
sexual assault programs. Although VAWA's focus on violence
against women appropriately reflects the disproportionate
number of women who experience severe forms of domestic and
sexual violence, men are also the victims of these crimes.
This section streamlines the application process for the
STOP program, which currently requires states to provide
extensive documentation that is of little use to OVW in
monitoring the use of funds, and instead requires the state to
develop a comprehensive implementation plan addressing how it
will spend the funds received.
Section 102. Grants to Encourage Arrest Policies and Enforce Protection
Orders.
This section reauthorizes the Arrest program for 5 years.
The authorized funding for Arrest is reduced from $75 million
to $73 million. The Arrest program is the primary discretionary
grant to help state, local, and tribal governments and agencies
investigate and prosecute instances of domestic violence,
dating violence, sexual assault, and stalking. This section
increases the emphasis on sexual assault offenses by promoting
the implementation of Sexual Assault Nurse Examiner programs,
Forensic Examiner programs, Sexual Assault Response Teams, and
programs to reduce rape kit backlogs. This section sets aside
25 percent of the available amounts for sexual assault
offenses.
This section modifies the requirement that state and local
government grant recipients certify that they test sex
offenders for HIV at the request of the victim within 48 hours
of information or indictment and provide the results of the
testing to the victim. Grantees that cannot certify in this
manner lose 5 percent of the funding from their grant. Current
law makes no allowance for jurisdictions that must exceed the
48-hour limit when offenders are not in custody or otherwise
easily accessible. This section clarifies that the test be
performed within 48 hours of the offender being in custody or
served with the information or indictment.
This section clarifies the provision that requires grantees
to certify that they do not charge victims for costs associated
with the modification, enforcement or dismissal of a protection
order.
Section 103. Legal Assistance for Victims.
This section reauthorizes the Legal Assistance for Victims
program for 5 years. The authorized funding for LAV is reduced
from $65 million to $57 million. This section expands the
training requirements for eligible entities to ensure that they
have the relevant expertise in providing legal assistance to
victims of domestic violence, dating violence, sexual assault,
or stalking. Those without such expertise may provide
assistance only if they complete appropriate training in this
area of law and also practice while partnered with a legal
assistance provider with demonstrated expertise. This section
allows grantees to recruit, train, and mentor pro bono
attorneys and law students.
Section 104. Consolidated Grants to Support Families in the Justice
System.
This section consolidates two programs that train judges
and court personnel regarding the intersection between domestic
violence and family court proceedings and promotes safe
supervised visitation for families in cases involving domestic
violence and sexual assault. The single grant program created
by this consolidation is authorized for 5 years. The
authorization is reduced from $25 million to $22 million.
Section 105. Court-Appointed Special Advocate Program.
This section reauthorizes the Court-Appointed Special
Advocate program for 5 years. The program provides assistance
to child victims of abuse or neglect. A new annual reporting
requirement is added. Authorized funding for this program
remains at $12 million.
Section 106. Outreach and Services to Underserved Populations Grant.
This section removes the existing Outreach to Underserved
Populations grant program, which focused exclusively on public
information campaigns, and replaces it with a program offering
services to adult and youth victims in underserved communities.
Outreach, education, prevention, and intervention strategies
remain an allowable purpose for the grant funding. The current
$2,000,000 authorization levels for this program does not
change, but is augmented with a 2-percent set-aside from funds
appropriated to the STOP and Arrest programs.
Section 107. Culturally-Specific Services Grant.
This section removes the term ``linguistically'' which has
caused confusion about the purpose of the program. Many
entities that provide culturally specific programming but not
linguistically specific programming mistakenly believed they
would not be eligible. This change clarifies that the program
is not limited to linguistically specific services. Funding for
this program does not change and continues to be drawn from
set-asides from the Arrest, LAV, Rural, Elder, and Disabilities
programs.
Section 108. Reduction in Rape Kit Backlog.
This section amends the DNA Analysis Backlog Elimination
Act of 2000 to require that not less than 75 percent of the
grant amounts awarded be spent on analyzing untested DNA
evidence from crime scenes, or enhancing the capacity of labs
to do so.
Section 109. Assistance to Victims of Sexual Assault.
This section reauthorizes grants to assist probation and
parole officers and other personnel who work with released sex
offenders. Authorized funding for this program remains at $5
million.
Section 110. Child Abuse Training Programs for Judicial Personnel and
Practitioners.
This section reauthorizes grants to provide judicial and
legal professionals with training and technical assistance to
address the unique challenges facing juvenile and family
courts. Authorized funding for this program remains at $2.3
million.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Section 201. Sexual Assault Services Program.
The Sexual Assault Services Program provides assistance to
victims of sexual assault. SASP provides grants to states and
territories, tribes, state sexual assault coalitions, tribal
coalitions, and culturally specific organizations, without
regard to the age of the victim. This section implements a new
funding formula whereby each State, territory and the District
of Columbia receive a minimum allocation of .75% of funds
appropriated. The authorized funding for SASP is reduced from
$50 million to $40 million for each of the fiscal years 2013
through 2017.
Section 202. Rural Domestic Violence, Dating Violence, Sexual Assault,
Stalking, and Child Abuse Enforcement Assistance.
The Rural Grant Program addresses the unique challenges
faced by victims of domestic violence and dating violence in
rural jurisdictions. It encourages cooperation among law
enforcement and victim service providers, among others, to
investigate criminal incidents and provide treatment,
education, and prevention strategies. This section strengthens
responses to sexual assault through the inclusion of additional
purpose areas. It also incorporates the use of
multidisciplinary teams to address and prevent domestic and
dating violence homicide. This section also provides for legal
assistance and other victim services as well as programs to
address rape kit backlogs. The authorized funding for the Rural
Grant Program is reduced from $55 million to $50 million for
each of the fiscal years 2013 through 2017.
Section 203. Training and Services to End Violence Against Women with
Disabilities Grant.
The Disability grant program addresses the gaps in abuse
suffered by domestic violence, dating violence, sexual assault,
and stalking victims with disabilities. This section
reauthorizes the program and adds the use of evidence-based
indicators to assess the risk of domestic and dating violence
homicide. The authorized funding for the Disability grant
program is reduced from $10 million to $9 million.
Section 204. Training and Services to End Violence Against Women in
Later Life Grant.
This section strikes the existing Elder Abuse grant program
and replaces it with a more comprehensive response to this
problem. The program funds grantees to train law enforcement
and prosecutors in recognizing and responding to elder abuse
and provide services for victims of elder abuse. This section
adds that entities may also educate and train health care
providers, faith-based leaders, and conduct outreach activities
to ensure that victims of elder abuse receive appropriate
assistance. This section instructs the Attorney General to
consult the Secretary of HHS to ensure that the Elder Abuse
grants administered by DOJ do not duplicate those administered
by HHS. The authorized funding for the Elder Abuse grant
program is reduced from $10 million to $9 million.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
Section 301. Rape Prevention Education Grant.
The RPE grant program supports the efforts of rape crisis
centers, sexual assault coalitions, and other nonprofit
organizations to educate and increase awareness on how to
prevent sexual assaults. Funding is distributed to states based
on population. The authorized funding for RPE is reduced from
$80 million to $50 million for each of the fiscal years 2013
through 2017.
Section 302. Creating Hope through Outreach, Options, Services, and
Education for Children and Youth.
This section, along with section 402, consolidates eight
existing grants to provide services for children and youth
victims, such as counseling, mentoring, and legal assistance,
as well as training and assistance to personnel at middle and
high schools who can help victims. Grantees may be victim
service providers and community-based organizations that are
encouraged to partner with state, tribal, and local
governments, and other agencies that work with children and
youth. This section also requires the grant funds made
available be used to provide evidence-based programs and
training. The authorized funding for this consolidated grant
program is $15 million, a $15 million reduction from the $30
million authorized by the individual programs.
Section 303. Grants to Combat Violent Crimes on Campuses.
The Campus program encourages institutions of higher
education to partner with community-based organizations to
adopt comprehensive, coordinated responses to domestic
violence, dating violence, sexual assault, and stalking. This
section clarifies that a grantee must address the following
four components to meet minimum requirements during the grant
period: (1) implementing a coordinated community response both
internal to and external to the campus; (2) providing
prevention education for all incoming students; (3) providing
training on domestic violence, dating violence, sexual assault
and stalking for campus law enforcement; and (4) providing
training on such crimes to members of the campus judicial
board. The authorized funding for the Campus program is reduced
from $15 million to $12 million.
Section 304. National Center for Campus Public Safety.
This section authorizes the Director of the Office of
Community Oriented Policing Services to establish and operate a
National Center for Campus Public Safety to (1) train IHE
public safety agencies and their collaborative partners; (2)
foster relevant research; (3) collect, coordinate, and
disseminate information and best practices regarding campus
safety; (4) develop protocols to prevent, protect against,
respond to, and recover from natural and man-made emergencies
that threaten the campus community; and (5) increase
cooperation between IHEs and the law enforcement, mental
health, and other agencies and jurisdictions that serve them.
This section authorizes the Director to award grants to IHEs
and other nonprofit organizations for activities that will
assist the Center in performing its functions. In establishing
the Center, the Director of the COPS Office shall coordinate
with the Secretary of Homeland Security, the Secretary of
Education, and the Attorney General of each state, and
coordinate the establishment and operation of the Center with
campus public safety resources that may be available within DHS
and the Department of Education.
TITLE IV--VIOLENCE REDUCTION PRACTICES
Section 401. Study Conducted by the Centers for Disease Control and
Prevention.
This section reauthorizes funding to the Centers for
Disease Control and Prevention (CDC) to provide grants to
academic institutions and organizations to conduct research
that examine best practices for reducing and preventing
domestic violence, dating violence, sexual assault, and
stalking. The authorized funding for this research is reduced
from $2 million to $1 million.
Section 402. Saving Money and Reducing Tragedies through Prevention
Grant.
This section consolidates four programs into one grant
aimed at prevention. The new SMART grant provides funds for
three primary purposes: (1) raising awareness and changing
attitudes about teen dating violence; (2) preventing, reducing,
and responding to children's exposure to violence at home; and
(3) helping men to serve as role models in preventing domestic
violence, dating violence, sexual assault, and stalking. This
section reduces the authorization from $37 million to $15
million.
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Section 501. Consolidated Grants to Strengthen the Healthcare System's
Response to Domestic Violence, Dating Violence, Sexual Assault,
and Stalking.
This section consolidates three existing VAWA programs
related to the healthcare system's response to domestic
violence, dating violence, sexual assault, and stalking and
creates a comprehensive updated program that focuses on grants
for developing interdisciplinary training for health
professionals and education programs for health students. It
also encourages the development of comprehensive strategies to
improve the response of hospitals, clinics, and other public
health facilities to domestic violence, dating violence, sexual
assault, and stalking. A grantee may be a nonprofit
organization, a healthcare provider, an accredited healthcare
school, or a state, local, or tribal governmental entity.
Grantees are also required to comply with relevant
confidentiality and nondisclosure requirements. The authorized
funding for this consolidated program is $10 million, a $3
million reduction from the $13 million authorized for the
individual programs.
TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING
Section 601. Housing protections of victims of domestic violence,
dating violence, sexual assault, and stalking.
The 2005 reauthorization of VAWA added protections that
prevented applicants from being evicted from or denied
admission to certain housing programs because they were
victims. This section modifies these protections to extend the
housing protections to victims of sexual assault. The VAWA
housing protections are extended to nine Federal programs that
are not covered currently, including the McKinney-Vento Act,
which provides housing for the homeless, the HOME Improvement
Partnership Program, the Low Income Housing Tax Credit, and the
Rural Housing Services program. There are no funds authorized
for this section.
Section 602. Transitional Housing Assistance Grants for Victims of
Domestic Violence, Dating Violence, Sexual Assault, and
Stalking.
This section reauthorizes the Transitional Housing
Assistance program for 5 years. The authorized funding for
Transitional Housing is lowered from $40 million to $35
million. The program provides transitional housing services
that move individuals into permanent housing and for victims
for whom emergency shelter services are unavailable or
insufficient. This section clarifies that a qualified applicant
is one whose policies protect victim safety, reflect an
understanding of the dynamics of the four covered crimes, and
do not include prohibited activities such as background checks
or clinical evaluations to determine eligibility for services.
Section 603. Addressing the Housing needs of victims of domestic
violence, dating violence, sexual assault, and stalking.
This section reauthorizes two VAWA housing programs for 5
years. The authorized funding for each program is reduced from
$10 million to $4 million. The first program awards grant funds
to entities that assist victims who are currently homeless or
at risk of becoming homeless by designing and implementing new
activities, services, and programs to increase their stability
and self-sufficiency. The second program provides grants to
promote full and equal access to housing by adult and youth
victims.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS
OF VIOLENCE
Section 701. National Resource Center on Workplace Responses to assist
victims of domestic and sexual violence.
This section reauthorizes funding for the operation of the
National Resource Center on Workplace Responses, which provides
information and assistance to employers to aid in efforts to
develop and implement responses to domestic and sexual
violence. The authorized funding for the National Resource
Center is maintained at $1 million.
TITLE VIII--IMMIGRATION PROVISIONS
Section 801. Fraud Prevention Initiatives.
Under section 240A(b)(2)(A) of the INA, illegal immigrants
can apply for ``cancellation of removal'' and to become
permanent residents if they have been battered or subjected to
extreme cruelty by a U.S. citizen or permanent resident spouse
or parent, have lived in the U.S. for 3 years, have been of
good moral character and if their removal would result in
extreme hardship to the alien, the alien's child, or the
alien's parent. Subsection (a) of section 801 of the bill
clarifies that in acting on such a cancellation application, an
immigration judge shall consider any credible evidence,
including that submitted by the U.S. citizen or permanent
resident accused of the abuse. Section 801(a) supersedes
section 1367(a)(2) of title 8 of the U.S. Code as after-enacted
legislation, but only to the extent necessary carry out section
801(a).
Under section 204(a) of the INA, U.S. citizens and
permanent residents can petition for alien spouses to receive
permanent residence. In instances where the aliens (or the
aliens' children) have been battered or subjected to extreme
cruelty, the aliens can petition for permanent residence on
their own--they can ``self-petition''. Abused children of
citizens and permanent residents and abused parents of U.S.
citizens can also self-petition for permanent residence.
Subsection (b) of section 801 provides that such self-petitions
are to be adjudicated by local U.S. Citizenship and Immigration
Services (``USCIS'') offices and that the offices shall
interview in-person the self-petitioning aliens and may
interview the U.S. citizens or permanent residents accused of
abuse and other persons if they consent to be interviewed. All
interviews shall be conducted under oath and or subject to
applicable penalties for perjury. The offices can also gather
other evidence. All credible evidence provided by the U.S.
citizens or permanent residents accused of abuse shall be
considered by the local office. Section 801(b) supersedes
section 1367(a)(2) as after-enacted legislation, but only to
the extent necessary carry out section 801(b).
Subsection (b) additionally provides that the local USCIS
office shall not approve a self-petition unless it finds in
writing and with particularity that all requirements of section
204(a)(1) of the INA have been proven by clear and convincing
evidence (including that the self-petitioning alien was a
victim of battery or extreme cruelty). It also provides that
the local USCIS office shall determine whether any Federal,
State, territorial, tribal, or local law enforcement agency has
undertaken an investigation or prosecution of the abusive
conduct alleged by the self-petitioning alien. If so, the local
office shall obtain as much information as possible about the
investigation or prosecution and shall consider that
information in adjudicating the self-petition. Again, section
201(b) supersedes section 1367(a)(2) of title 8 of the U.S.
Code as after-enacted legislation, but only to the extent
necessary carry out section 801(b). If an investigation or
prosecution is pending, adjudication of the self-petition shall
be stayed pending the conclusion of the investigation or
prosecution. If no investigation or prosecution has been
undertaken, the local office shall take this into consideration
in adjudicating the self-petition.
Subsection (b) also provides that if the local office makes
a written finding that the self-petitioning alien has made a
material misrepresentation on their petition, during an
interview, or during any other aspect of the adjudication of
the self-petition, the self-petition shall be denied and the
alien shall be removed from the U.S. on an expedited basis (and
not be eligible for any delay or exemption from removal), shall
be permanently ineligible for any lawful immigration status or
benefits, and shall have any public benefits terminated (along
with those of the alien's beneficiaries). Also, if the local
office has received any evidence of a material
misrepresentation, the office shall refer the matter and all
evidence to the Federal Bureau of Investigation.
Subsection (b) also provides that if a self-petition has
been denied, any obligation under an affidavit of support
previously filed by the U.S. citizen or permanent resident
accused of abuse shall be terminated.
Section 802. Clarification of the Requirements Applicable to U Visas.
U visas are temporary visas available to illegal immigrants
who are victims of certain specified criminal activity in the
U.S. To be eligible, a Federal, State, or local law enforcement
official, prosecutor, judge or other official investigating the
crime, or certain Department of Homeland Security officials,
must certify that the alien has been, is, or is likely to be
helpful in the investigation or prosecution of the criminal
activity. Section 802 of the bill requires the certification
provided by an alien along with the U visa petition confirm
under oath that such criminal activity is actively under
investigation or a prosecution has commenced and that an alien
seeking a U visa has actually provided law enforcement with
information that will assist in identifying the responsible
criminals (unless their identity is already known).
Section 803. Protections for a Fiancee or Fiance of a Citizen.
Section 214(d) of the INA provides that before the State
Department can issue a temporary visa to the fiance (``K-1'')
or spouse (``K-2'') of a U.S. citizen, the petition filed by
the citizen must include information on any specified crimes
for which the citizen has been convicted. Section 803 of the
bill provides that the petition also must contain information
on convictions for attempts to commit these crimes and on any
permanent protection or restraining orders issued against the
citizen.
Section 804. Regulation of International Marriage Brokers.
Section 1375a of title 8 of the U.S. Code, the
``International Marriage Broker Act of 2005 (``IMBA''),''
prohibits international marriage brokers from providing anyone
with the personal contact information, photographs, or general
information about the background or interests of any persons
under the age of 18 and more generally requires that certain
information be provided to alien applicants for K-1 or K-2
visas.
Subsection (a) of section 804 of the bill requires the
Attorney General to report to Congress on the name of the
component of the Justice Department responsible for prosecuting
violations of the IMBA.
Subsection (b) of section 804 amends IMBA to require that
an international marriage broker obtain, retain for a specified
period, and produce upon the request of the Department of
Justice the birth certificate or other proof of age document of
each foreign national client.
Under IMBA, international marriage brokers must collect
certifications by their U.S. clients including information on
any arrests or conviction in the U.S. for certain specified
crimes. Section 804(b) also requires the provision of
information on arrests or convictions for attempts to commit
such crimes.
Section 805. GAO Report.
The Government Accountability Office shall prepare a report
to Congress on the approval processes for U visa petitions and
self-petitions for permanent residence filed by battered aliens
in order to assess safeguards against fraud and abuse.
Section 806. Temporary Nature of U Visa Status.
Section 245(m) of the INA provides that the Department of
Homeland Security can grant U visa recipients the status of
permanent residents if they have had U visas for 3 years and
their continued presence in the U.S. would be justified on
humanitarian grounds, to ensure family unity, or was otherwise
in the public interest. Section 806 of the bill rescinds this
authority to grant permanent residence to U visa recipients,
and applies to applications for adjustment of status submitted
on or after the date of enactment of this bill and to
previously filed applications that are pending on the date of
enactment.
Section 807. Annual Report on Immigration Applications Made by Victims
of Abuse.
The Department of Homeland Security shall report to
Congress each year on the U visa program, the T visa program
(for victims of trafficking) and the self-petition process for
battered aliens, including information on processing times and
efforts to reduce processing times while ensuring safe and
competent processing and while combating fraud and ensuring
program integrity, and information on each type of criminal
activity by reason of which aliens received U visas.
Section 808. Protection for Children of VAWA Self-Petitioners.
Section 808 of the bill provides that if a self-petitioner
dies, the minor children of the alien can still have their
derivative petitions for permanent residence adjudicated.
Section 809. Public Charge.
Section 809 of the bill provides that the public charge
ground of inadmissibility (section 212(a)(4) of the INA) shall
not apply to self-petitioners, aliens who have applied for or
been granted U visas, and certain other battered aliens.
Section 810. Age-Out Protection for U Visa Applicants.
The minor sons and daughters of U visa recipients are
eligible for U visas on a derivative basis. Section 810
provides that if they turn 21 while their U visa petitions are
being adjudicated shall retain their status as minors for
purpose of eligibility.
Section 811. Hardship Waivers.
Pursuant to section 216 of the INA, 2 years after an alien
spouse of a U.S. citizen or permanent resident receives
conditional permanent residence, USCIS determines whether the
marriage is ongoing and was not entered into fraudulently and
if so removes the conditional status of the permanent
residence. The two spouses must jointly file a petition to seek
removal of the conditional status and appear for an interview.
USCIS has the discretion to remove the conditional status
without the necessity for a joint petition and interview if
extreme hardship would result should the alien be removed, the
marriage ended in divorce or the alien was battered or
subjected to extreme cruelty. Section 811 of the bill extends
USCIS's discretion to cases of aliens who were battered or
subject to extreme cruelty after unknowingly entering into
bigamous marriages.
Section 812. Information Sharing for National Security Purpose.
Section 1367(a)(2) of title 8 of the U.S. Code provides
that officials of the Departments of Justice, State and
Homeland Security may not permit use by or disclosure to anyone
(other than officials of these agencies for legitimate agency
purposes) of any information which relates to aliens who are
the beneficiaries of applications for U and T visas, self-
petitions for permanent residence, applicants for cancellation
of removal as battered aliens, and for certain other
immigration benefits. Section 1367(b) of title 8 of the U.S.
Code provides for certain exceptions to this prohibition,
including for the provision of information to law enforcement
officials for law enforcement purposes.
Subsection (a) of section 812 of the bill adds to the
waivers in section 1367(b) by providing a waiver for the
Departments of Justice, State and Homeland Security, allowing
them to provide for the disclosure of information to national
security officials to be used solely for a national security
purpose in a manner that protects the confidentiality of such
information.
Subsection (b) of section 812 requires that within 180 days
of enactment, the Departments of Justice and Homeland Security
to provide guidance to employees who have access to the
information protected by section 1367(a) of title regarding the
requirements of the section, including provisions to protect
victims of domestic violence from harm that could result from
inappropriate disclosure. Section 812(b) clarifies that
guidance should also be provided regarding protecting victims
of trafficking in persons and specified criminal activity from
the harms of inappropriate disclosure.
Section 813. GAO Report on Requirements to Cooperate With Law
Enforcement Officials.
Section 813 of the bill provides that the Government
Accountability Office shall issue a report to Congress on the
adjudication of U visa petitions in order to assess the
effectiveness of the reforms made by section 802 in ensuring
that potential U visa recipients aid in the investigation of
crimes and apprehension and prosecution of criminals and the
effect such reforms have on the number of persons seeking and
receiving U visas.
Section 814. Consideration of other Evidence
Section 237(a)(2)(E) of the Immigration and Nationality Act
provides a ground of deportation for any alien who has been
convicted of a crime of domestic violence. A crime of domestic
means any crime of violence as defined in section 16 of title 8
of the U.S. Code committed against certain family members.
Section 814 of the bill provides that in determining
whether the domestic abuse an alien has been convicted of meets
the definition of crime of violence in circumstances where the
conviction records do not conclusively answer the question, the
Department of Justice may consider any other evidence that it
determines to be reliable in making the determination,
including sentencing reports and police reports.
TITLE IX--SAFETY FOR INDIAN WOMEN
Section 901. Grants to Indian Tribal Governments.
This section improves an existing grant program targeted at
curbing domestic violence, sexual assault, dating violence, and
stalking in Indian country, by extending its coverage to sex
trafficking crimes. It also adds two purpose areas to the
program. The first allows grant money to go toward developing
and promoting best practices for responding to domestic
violence, dating violence, sexual assault, sex trafficking, and
stalking in Indian country. The second allows grant money to go
toward providing services to address the needs of youth in
Indian country who are victims of domestic violence, dating
violence, sexual assault, sex trafficking, or stalking and the
needs of children exposed to domestic violence, dating
violence, sexual assault, or stalking.
Section 902. Grants to Indian Tribal Coalitions.
This section improves the existing tribal coalition grant
program, by incorporating a purpose area that would allow grant
money to go toward developing and promoting policies that
promote best practices for responding to domestic violence,
dating violence, sexual assault, sex trafficking, and stalking.
Section 903. Consultation.
Current law requires the Attorney General to consult
annually with Indian tribal governments on the Federal
administration of programs funded by VAWA. This section
requires the Attorney General to report to Congress on the
annual consultations, and on the administration's
recommendations for administering tribal funds and programs,
enhancing the safety of Indian women, and strengthening the
Federal response to such violent crimes.
Section 904. Analysis and Research on Violence Against Indian Women.
This section expands a study of violence committed against
Indian women to include women in Alaska Native Villages and sex
trafficking crimes. Authorized funding for the study is
maintained at $1 million. This section also maintains the $1
million authorization for tribal sex offender registries.
Section 905. Assistant United States Attorney Domestic Violence Tribal
Liaisons.
This section authorizes the Attorney General to expand the
duties of existing Assistant U.S. Attorney Tribal Liaisons to
afford greater focus to domestic violence in Indian country.
TITLE X--CRIMINAL PROVISIONS
Section 1001. Criminal Provisions Relating to Sexual Abuse.
This section prohibits a person who has supervisory or
custodial authority over a person who is under arrest, on
pretrial release, on probation, or otherwise under supervision
pending further judicial proceedings from engaging in sexual
activity with the person who is under his or her supervisory or
custodial authority. Current law only prohibits such sexual
activity with a person in official detention, yet the same
imbalance of power and potential for abuse of authority exists
in the supervised release context. This section would prohibit
such conduct if it occurs in the special maritime and
territorial jurisdiction of the United States or if the person
engaging in the sexual activity was exercising Federal
supervisory or custodial authority. This section also makes the
penalties for criminal civil rights violations involving sexual
abuse consistent with the penalties for sexual abuse in other
Federal statutes. Currently, civil rights violations involving
sexual abuse are punished only as misdemeanors, even though the
same sexual misconduct would garner serious felony penalties
under other Federal statutes if it occurred on Federal land or
was within other Federal jurisdiction.
Section 1002. Sexual Abuse in Custodial Settings.
The Prison Rape Elimination Act of 2003 (PREA) required the
Attorney General to adopt national standards for the detection,
prevention, reduction, and punishment of rape and sexual
assault in Federal facilities. When PREA was introduced, all
immigration detention facilities were under the authority of
the Department of Justice. When the Homeland Security Act of
2002 was enacted, adult immigration authority was transferred
to the Department of Homeland Security (DHS), and the authority
for detaining unaccompanied minors was transferred to the
Department of Health and Human Services (HHS). This section
fulfills the congressional intent of PREA by extending its
requirements for national standards to DHS and HHS.
Section 1003. Criminal Provision Relating to Stalking, including
Cyberstalking.
This section updates the Federal anti-stalking statute to
capture more modern forms of communication that perpetrators
use to stalk their victims.
Section 1004. Amendments to the Federal Assault Statute.
This section amends the Federal Criminal Code to provide a
10-year offense for assaulting a spouse, intimate partner, or
dating partner by strangling or suffocating; a 5-year offense
for assaulting a spouse, intimate partner, or dating partner
resulting in substantial bodily injury; and a 1-year offense
for assaulting a person by striking, beating or wounding. These
changes will enable Federal prosecutors to more effectively
combat three types of assault frequently committed against
women in Indian country and to appropriately address the
gradual escalation of seriousness often associated with
domestic violence offenses.
Section 1005. Mandatory Minimum Sentence.
This section amends section 2241 of title 18 regarding
aggravated sexual abuse offenses to amend the penalty from
``any term of years or life'' to not less than 10 years for
offenses committed by force or threat of force and not less
than 5 years for offenses committed by other means.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
VIOLENCE AGAINST WOMEN ACT OF 1994
TITLE IV--VIOLENCE AGAINST WOMEN
* * * * * * *
SEC. 40002. DEFINITIONS AND GRANT PROVISIONS.
(a) Definitions.--In this title:
(1) Alaska native village.--The term ``Alaska
Native village'' has the same meaning given such term
in the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.).
(2) Child.--The term ``child'' means a person who
is under 11 years of age.
[(2)] (3) Child abuse and neglect.--The term
``child abuse and neglect'' means any recent act or
failure to act on the part of a parent or caregiver
with intent to cause death, serious physical or
emotional harm, sexual abuse, or exploitation, or an
act or failure to act which presents an imminent risk
of serious harm to an unemancipated minor. This
definition shall not be construed to mean that failure
to leave an abusive relationship, in the absence of
other action constituting abuse or neglect, is itself
abuse or neglect.
(4) Child maltreatment.--The term ``child
maltreatment'' means the physical or psychological
abuse or neglect of a child or youth, including sexual
assault and abuse.
[(3)] (5) Community-based organization.--The term
``community-based organization'' means [an
organization] a nonprofit, nongovernmental, or tribal
organization that serves a specific geographic
community that--
(A) * * *
* * * * * * *
[(1)] (6) Courts.--The term ``courts'' means any
civil or criminal, tribal, and Alaska Native Village,
Federal, State, local or territorial court having
jurisdiction to address domestic violence, dating
violence, sexual assault or stalking, including
immigration, family, juvenile, and dependency courts,
and the judicial officers serving in those courts,
including judges, magistrate judges, commissioners,
justices of the peace, or any other person with
decisionmaking authority.
[(5)] (7) Court-based and court-related
personnel.--The term ``court-based'' and ``court-
related personnel'' mean persons working in the court,
whether paid or volunteer, including--
(A) * * *
* * * * * * *
(8) Culturally specific.--The term ``culturally
specific'' (except when used as part of the term
``culturally specific services'') means primarily
composed of racial and ethnic minority groups (as
defined in section 1707(g) of the Public Health Service
Act (42 U.S.C. 300u-6(g))).
(9) Culturally specific services.--The term
``culturally specific services'' means community-based
services and resources that are culturally relevant and
linguistically specific to culturally specific
communities.
[(7)] (10) Dating partner.--The term ``dating
partner'' refers to a person who is or has been in a
social relationship of a romantic or intimate nature
with the abuser, and where the existence of such a
relationship shall be determined based on a
consideration of--
(A) * * *
* * * * * * *
[(8)] (11) Dating violence.--The term ``dating
violence'' means violence committed by a person--
(A) * * *
* * * * * * *
[(6)] (12) Domestic violence.--The term ``domestic
violence'' includes felony or misdemeanor crimes of
violence committed by a current or former spouse or
intimate partner 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 or intimate partner, 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 person against an adult
or youth victim who is protected from that person's
acts under the domestic or family violence laws of the
jurisdiction.
[(9)] (13) Elder abuse.--The term ``elder abuse''
means any action against a person who is 50 years of
age or older that constitutes the willful--
(A) * * *
* * * * * * *
(14) Homeless, homeless individual, homeless
person.--The terms ``homeless'', ``homeless
individual'', and ``homeless person''--
(A) mean an individual who lacks a fixed,
regular, and adequate nighttime residence; and
(B) includes--
(i) an individual who--
(I) is sharing the housing
of other persons due to loss of
housing, economic hardship, or
a similar reason;
(II) is living in a motel,
hotel, trailer park, or
campground due to the lack of
alternative adequate
accommodations;
(III) is living in an
emergency or transitional
shelter;
(IV) is abandoned in a
hospital; or
(V) is awaiting foster care
placement;
(ii) an individual who has a
primary nighttime residence that is a
public or private place not designed
for or ordinarily used as a regular
sleeping accommodation for human
beings; or
(iii) migratory children (as
defined in section 1309 of the
Elementary and Secondary Education Act
of 1965; 20 U.S.C. 6399) who qualify as
homeless under this section because the
children are living in circumstances
described in this paragraph.
[(10)] (15) Indian.--The term ``Indian'' means a
member of an Indian tribe.
[(11)] (16) Indian country.--The term ``Indian
country'' has the same meaning given such term in
section 1151 of title 18, United States Code.
[(12)] (17) Indian housing.--The term ``Indian
housing'' means housing assistance described in the
Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq., as
amended).
[(14)] (18) Indian law enforcement.--The term
``Indian law enforcement'' means the departments or
individuals under the direction of the Indian tribe
that maintain public order.
[(13)] (19) Indian tribe.--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.
[(15)] (20) Law enforcement.--The term ``law
enforcement'' means a public agency charged with
policing functions, including any of its component
bureaus (such as governmental victim services
programs), including those referred to in section 3 of
the Indian Enforcement Reform Act (25 U.S.C. 2802).
[(16) Legal assistance.--The term ``legal
assistance'' includes assistance to adult and youth
victims of domestic violence, dating violence, sexual
assault, and stalking in--
[(A) family, tribal, territorial,
immigration, employment, administrative agency,
housing matters, campus administrative or
protection or stay away order proceedings, and
other similar matters; and
[(B) criminal justice investigations,
prosecutions and post-trial matters (including
sentencing, parole, and probation) that impact
the victim's safety and privacy.
[(17) Linguistically and culturally specific
services.--The term ``linguistically and culturally
specific services'' means community-based services that
offer full linguistic access and culturally specific
services and resources, including outreach,
collaboration, and support mechanisms primarily
directed toward underserved communities.
[(18) Personally identifying information or
personal information.--The term ``personally
identifying information'' or ``personal information''
means individually identifying information for or about
an individual including information likely to disclose
the location of a victim of domestic violence, dating
violence, sexual assault, or stalking, including--
[(A) a first and last name;
[(B) a home or other physical address;
[(C) contact information (including a
postal, e-mail or Internet protocol address, or
telephone or facsimile number);
[(D) a social security number; and
[(E) any other information, including date
of birth, racial or ethnic background, or
religious affiliation, that, in combination
with any of subparagraphs (A) through (D),
would serve to identify any individual.]
(21) Legal assistance.--The term ``legal
assistance''--
(A) includes assistance to adult and youth
victims of domestic violence, dating violence,
sexual assault, and stalking in--
(i) family, tribal, territorial,
immigration, employment, administrative
agency, housing matters, campus
administrative or protection or stay
away order proceedings, and other
similar matters; and
(ii) criminal justice
investigations, prosecutions and post-
trial matters (including sentencing,
parole, and probation) that impact the
victim's safety and privacy; and
(B) may include services and assistance to
victims of domestic violence, dating violence,
sexual assault, or stalking who are also
victims of severe forms of trafficking in
persons as defined by section 103 of the
Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102);
except that intake or referral, without other action,
does not constitute legal assistance.
(22) Personally identifying information or personal
information.--The term ``personally identifying
information'' or ``personal information'' means
individually identifying information for or about an
individual, including information likely to disclose
the location of a victim of domestic violence, dating
violence, sexual assault, or stalking, regardless of
whether the information is encoded, encrypted, hashed,
or otherwise protected, including--
(A) a first and last name;
(B) a home or other physical address;
(C) contact information (including a
postal, e-mail or Internet protocol address, or
telephone or facsimile number);
(D) a social security number, driver
license number, passport number, or student
identification number; and
(E) any other information, including date
of birth, racial or ethnic background, or
religious affiliation, that would serve to
identify any individual.
(23) Population specific organization.--The term
``population specific organization'' means a nonprofit,
nongovernmental organization that primarily serves
members of a specific underserved population and has
demonstrated experience and expertise providing
targeted services to members of that specific
underserved population.
(24) Population specific services.--The term
``population specific services'' means victim services
that--
(A) address the safety, health, economic,
legal, housing, workplace, immigration,
confidentiality, or other needs of victims of
domestic violence, dating violence, sexual
assault, or stalking; and
(B) are designed primarily for, and are
targeted to, a specific underserved population.
[(19)] (25) Prosecution.--The term ``prosecution''
means any public agency charged with direct
responsibility for prosecuting criminal offenders,
including such agency's component bureaus (such as
governmental victim [services] assistance programs).
[(20)] (26) Protection order or restraining
order.--The term ``protection order'' or ``restraining
order'' includes--
(A) * * *
* * * * * * *
(27) Rape crisis center.--The term ``rape crisis
center'' means--
(A) a nonprofit, nongovernmental, or tribal
organization that provides intervention and
related assistance, as specified in section
41601(b)(2)(C), to victims of sexual assault
without regard to the age of the victims; or
(B) a governmental entity that--
(i) is located in a State other
than a Territory;
(ii) provides intervention and
related assistance, as specified in
section 41601(b)(2)(C), to victims of
sexual assault without regard to the
age of the victims;
(iii) is not a law enforcement
agency or other entity that is part of
the criminal justice system; and
(iv) offers a level of
confidentiality to victims that is
comparable to a nonprofit entity that
provides similar victim services.
[(21)] (28) Rural area and rural community.--The
term ``rural area'' and ``rural community'' mean--
(A) any area or community, respectively, no
part of which is within an area designated as a
standard metropolitan statistical area by the
Office of Management and Budget; [or]
(B) any area or community, respectively,
that is--
(i) * * *
(ii) located in a rural census
tract[.]; or
(C) any federally recognized Indian tribe.
[(22)] (29) Rural state.--The term ``rural State''
means a State that has a population density of [52] 57
or fewer persons per square mile or a State in which
the largest county has fewer than [150,000] 250,000
people, based on the most recent decennial census.
(30) Sex trafficking.--The term ``sex trafficking''
means any conduct proscribed by section 1591 of title
18, United States Code, whether or not the conduct
occurs in interstate or foreign commerce or within the
special maritime and territorial jurisdiction of the
United States.
[(23) Sexual assault.--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.]
(31) Sexual assault.--The term ``sexual assault''
means any nonconsensual sexual act proscribed by
Federal, tribal, or State law, including when the
victim lacks capacity to consent.
[(24)] (32) Stalking.--The term ``stalking'' means
engaging in a course of conduct directed at a specific
person that would cause a reasonable person to--
(A) * * *
* * * * * * *
[(25)] (33) State.--The term ``State'' means each
of the several States and the District of Columbia, and
except as otherwise provided, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Virgin Islands,
and the Northern Mariana Islands.
[(26)] (34) State domestic violence coalition.--The
term ``State domestic violence coalition'' means a
program determined by the Administration for Children
and Families under sections 302 and 311 of the Family
Violence Prevention and Services Act.
[(27)] (35) State sexual assault coalition.--The
term ``State sexual assault coalition'' means a program
determined by the Center for Injury Prevention and
Control of the Centers for Disease Control and
Prevention under the Public Health Service Act (42
U.S.C. 280b et seq.).
[(28)] (36) Territorial domestic violence or sexual
assault coalition.--The term ``territorial domestic
violence or sexual assault coalition'' means a program
addressing domestic or sexual violence that is--
(A) * * *
* * * * * * *
[(29) Tribal coalition.--The term ``tribal
coalition'' means--
[(A) an established nonprofit,
nongovernmental tribal coalition addressing
domestic violence and sexual assault against
American Indian or Alaskan Native women; or
[(B) individuals or organizations that
propose to incorporate as nonprofit,
nongovernmental tribal coalitions to address
domestic violence and sexual assault against
American Indian or Alaska Native women.]
(37) Tribal coalition.--The term ``tribal
coalition'' means an established nonprofit,
nongovernmental Indian organization, Alaska Native
organization, or a Native Hawaiian organization that--
(A) provides education, support, and
technical assistance to member Indian service
providers in a manner that enables those member
providers to establish and maintain culturally
appropriate services, including shelter and
rape crisis services, designed to assist Indian
women and the dependents of those women who are
victims of domestic violence, dating violence,
sexual assault, and stalking; and
(B) is comprised of board and general
members that are representative of--
(i) the member service providers
described in subparagraph (A); and
(ii) the tribal communities in
which the services are being provided.
[(30)] (38) Tribal government.--The term ``tribal
government'' means--
(A) * * *
* * * * * * *
[(31)] (39) Tribal nonprofit organization.--The
term ``tribal nonprofit organization'' means--
(A) * * *
* * * * * * *
[(32)] (40) Tribal organization.--The term ``tribal
organization'' means--
(A) * * *
* * * * * * *
[(33) Underserved populations.--The term
``underserved populations'' includes populations
underserved because of geographic location, underserved
racial and ethnic populations, populations underserved
because of special needs (such as language barriers,
disabilities, alienage status, or age), and any other
population determined to be underserved by the Attorney
General or by the Secretary of Health and Human
Services, as appropriate.]
(41) Underserved populations.--The term
``underserved populations'' means populations who face
barriers to accessing and using victim services, and
includes populations underserved because of geographic
location or religion, underserved racial and ethnic
populations, populations underserved because of special
needs (such as language barriers, disabilities,
alienage status, or age), and any other population
determined to be underserved by the Attorney General or
the Secretary of Health and Human Services, as
appropriate.
(42) Unit of local government.--The term ``unit of
local government'' means any city, county, township,
town, borough, parish, village, or other general
purpose political subdivision of a State.
[(34)] (43) Victim advocate.--The term ``victim
advocate'' means a person, whether paid or serving as a
volunteer, who provides services to victims of domestic
violence, sexual assault, stalking, or dating violence
under the auspices or supervision of a victim services
program.
[(35)] (44) Victim assistant.--The term ``victim
assistant'' means a person, whether paid or serving as
a volunteer, who provides services to victims of
domestic violence, sexual assault, stalking, or dating
violence under the auspices or supervision of a court
or a law enforcement or prosecution agency.
(45) Victim service provider.--The term ``victim
service provider'' means a nonprofit, nongovernmental
or tribal organization or rape crisis center, including
a State sexual assault coalition or tribal coalition,
that--
(A) assists domestic violence, dating
violence, sexual assault, or stalking victims,
including domestic violence shelters, faith-
based organizations, and other organizations;
and
(B) has a documented history of effective
work concerning domestic violence, dating
violence, sexual assault, or stalking.
[(36) Victim services or victim service provider.--
The term ``victim services'' or ``victim service
provider'' means a nonprofit, nongovernmental
organization that assists domestic violence, dating
violence, sexual assault, or stalking victims,
including rape crisis centers, domestic violence
shelters, faith-based organizations, and other
organizations, with a documented history of effective
work concerning domestic violence, dating violence,
sexual assault, or stalking.]
(46) Victim services.--The term ``victim
services''--
(A) means services provided to victims of
domestic violence, dating violence, sexual
assault, or stalking, including telephonic or
web-based hotlines, legal advocacy, economic
advocacy, emergency and transitional shelter,
accompaniment and advocacy through medical,
civil or criminal justice, immigration, and
social support systems, crisis intervention,
short-term individual and group support
services, information and referrals, culturally
specific services, population specific
services, and other related supportive
services; and
(B) may include services and assistance to
victims of domestic violence, dating violence,
sexual assault, or stalking who are also
victims of severe forms of trafficking in
persons as defined by section 103 of the
Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102).
[(37) Youth.--The term ``youth'' means teen and
young adult victims of domestic violence, dating
violence, sexual assault, or stalking.]
(47) Youth.--The term ``youth'' means a person who
is 11 to 24 years of age.
(b) Grant Conditions.--
(1) * * *
(2) Nondisclosure of confidential or private
information.--
(A) * * *
(B) Nondisclosure.--Subject to
subparagraphs (C) and (D), grantees and
subgrantees shall not--
[(i) disclose any personally
identifying information or individual
information collected in connection
with services requested, utilized, or
denied through grantees' and
subgrantees' programs; or
[(ii) reveal individual client
information without the informed,
written, reasonably time-limited
consent of the person (or in the case
of an unemancipated minor, the minor
and the parent or guardian or in the
case of persons with disabilities, the
guardian) about whom information is
sought, whether for this program or any
other Federal, State, tribal, or
territorial grant program, except that
consent for release may not be given by
the abuser of the minor, person with
disabilities, or the abuser of the
other parent of the minor.]
(i) disclose, reveal, or release
any personally identifying information
or individual information collected in
connection with services requested,
utilized, or denied through grantees'
and subgrantees' programs, regardless
of whether the information has been
encoded, encrypted, hashed, or
otherwise protected; or
(ii) disclose, reveal, or release
individual client information without
the informed, written, reasonably time-
limited consent of the person (or in
the case of an unemancipated minor, the
minor and the parent or guardian or in
the case of legal incapacity, a court-
appointed guardian) about whom
information is sought, whether for this
program or any other Federal, State,
tribal, or territorial grant program,
except that--
(I) consent for release may
not be given by the abuser of
the minor, incapacitated
person, or the abuser of the
other parent of the minor; and
(II) if a minor or a person
with a legally appointed
guardian is permitted by law to
receive services without the
parent's or guardian's consent,
such minor or person with a
guardian may release
information without additional
consent.
* * * * * * *
[(D) Information sharing.--Grantees and
subgrantees may share--
[(i) nonpersonally identifying data
in the aggregate regarding services to
their clients and nonpersonally
identifying demographic information in
order to comply with Federal, State,
tribal, or territorial reporting,
evaluation, or data collection
requirements;
[(ii) court-generated information
and law-enforcement generated
information contained in secure,
governmental registries for protection
order enforcement purposes; and
[(iii) law enforcement- and
prosecution-generated information
necessary for law enforcement and
prosecution purposes.]
(D) Information sharing.--
(i) In general.--Grantees and
subgrantees may share--
(I) nonpersonally
identifying data in the
aggregate regarding services to
their clients and nonpersonally
identifying demographic
information in order to comply
with Federal, State, tribal, or
territorial reporting,
evaluation, or data collection
requirements;
(II) court-generated
information and law
enforcement-generated
information contained in
secure, governmental registries
for protection order
enforcement purposes; and
(III) law enforcement-
generated and prosecution-
generated information necessary
for law enforcement,
intelligence, national
security, or prosecution
purposes.
(ii) Limitations.--Grantees and
subgrantees may not--
(I) require an adult,
youth, or child victim of
domestic violence, dating
violence, sexual assault, or
stalking to provide a consent
to release his or her
personally identifying
information as a condition of
eligibility for the services
provided by the grantee or
subgrantee; or
(II) share any personally
identifying information in
order to comply with Federal
reporting, evaluation, or data
collection requirements,
whether for this program or any
other Federal grant program.
(E) Statutorily mandated reports of abuse
or neglect.--Nothing in this paragraph
prohibits a grantee or subgrantee from
reporting suspected abuse or neglect, as those
terms are defined by law, when specifically
mandated by the State or tribe involved.
[(E)] (F) Oversight.--Nothing in this
paragraph shall prevent the Attorney General
from disclosing grant activities authorized in
this Act to the chairman and ranking members of
the Committee on the Judiciary of the House of
Representatives and the Committee on the
Judiciary of the Senate exercising
Congressional oversight authority. All
disclosures shall protect confidentiality and
omit personally identifying information,
including location information about
individuals.
(G) Confidentiality assessment and
assurances.--Grantees and subgrantees shall
certify their compliance with the
confidentiality and privacy provisions required
under this section.
[(3) Approved activities.--In carrying out the
activities under this title, grantees and subgrantees
may collaborate with and provide information to
Federal, State, local, tribal, and territorial public
officials and agencies to develop and implement
policies to reduce or eliminate domestic violence,
dating violence, sexual assault, and stalking.]
(3) Approved activities.--In carrying out the
activities under this title, grantees and subgrantees
may collaborate with and provide information to
Federal, State, local, tribal, and territorial public
officials and agencies to develop and implement
policies, and develop and promote State, local, or
tribal legislation or model codes, designed to reduce
or eliminate domestic violence, dating violence, sexual
assault, and stalking.
* * * * * * *
(7) Evaluation.--Federal agencies disbursing funds
under this title shall set aside up to 3 percent of
such funds in order to conduct--
(A) * * *
* * * * * * *
Final reports of such evaluations shall be made
publically available on the website of the disbursing
agency.
* * * * * * *
(12) Delivery of legal assistance.--Any grantee or
subgrantee providing legal assistance with funds
awarded under this title shall comply with the
eligibility requirements in section 1201(d) of the
Violence Against Women Act of 2000 (42 U.S.C. 3796gg-
6(d)).
(13) Civil rights.--
(A) Nondiscrimination.--No person in any
State shall on the basis of actual or perceived
race, color, religion, national origin, sex, or
disability be excluded from participation in,
be denied the benefits of, or be subjected to
discrimination under, any program or activity
funded in whole or in part with funds made
available under the Violence Against Women Act
of 1994 (title IV of Public Law 103-322; 108
Stat. 1902), the Violence Against Women Act of
2000 (division B of Public Law 106-386; 114
Stat. 1491), the Violence Against Women and
Department of Justice Reauthorization Act of
2005 (title IX of Public Law 109-162; 119 Stat.
3080), the Violence Against Women
Reauthorization Act of 2012, or any other
program or activity funded in whole or in part
with funds appropriated for grants, cooperative
agreements, and other assistance administered
by the Office on Violence Against Women.
(B) Reasonable accommodation.--Nothing in
this paragraph shall prevent consideration of
an individual's gender for purposes of a
program or activity described in subparagraph
(A) if the grantee involved determines that
gender segregation or gender-specific
programming is necessary to the essential
operation of such program or activity. In such
a case, alternative reasonable accommodations
are sufficient to meet the requirements of this
paragraph.
(C) Application.--The provisions of
paragraphs (2) through (4) of section 809(c) of
title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3789d(c)) shall
apply to violations of subparagraph (A).
(D) Rule of construction.--Nothing in this
paragraph shall be construed, interpreted, or
applied to supplant, displace, preempt, or
otherwise diminish the responsibilities and
liabilities of grantees under other Federal or
State civil rights law, whether statutory or
common.
(14) Requirement for evidence-based programs.--Any
educational programming, training, or public awareness
communications regarding domestic violence, dating
violence, sexual assault, or stalking that are funded
under this title must be evidence-based.
(c) Accountability.--All grants awarded under this title
shall be subject to the following accountability provisions:
(1) Audit requirement.--Beginning in fiscal year
2013, and in each fiscal year thereafter, the Inspector
General of the Department of Justice or the Inspector
General of the Department of Health and Human Services,
as applicable, shall conduct an audit of not fewer than
10 percent of all grantees under this title to prevent
waste, fraud, and abuse of funds by such grantees.
(2) Mandatory exclusion.--A grantee described in
paragraph (1) that is found by the Inspector General of
the Department of Justice or the Inspector General of
the Department of Health and Human Services, as
applicable, to have an unresolved audit finding (as
defined in paragraph (5)) shall not be eligible to
receive grant funds under this title during the 2
fiscal years beginning after the 12-month period
described in such paragraph.
(3) Reimbursement.--If an entity is awarded grant
funds under this title during any period in which the
entity is prohibited from receiving funds under
paragraph (2), the head of the Federal agency
administering a grant program under this title shall--
(A) deposit into the General Fund of the
Treasury an amount equal to the grant funds
that were improperly awarded to the grantee;
and
(B) seek to recoup the costs of the
repayment to the Fund from the entity that was
erroneously awarded such grant funds.
(4) Unresolved audit finding defined.--In this
subsection, the term ``unresolved audit finding''
means, with respect to a grantee described in paragraph
(1), an audit report finding, statement, or
recommendation by the Inspector General of the
Department of Justice or the Inspector General of the
Department of Health and Human Service, as applicable,
that the grantee has utilized grant funds for an
unauthorized expenditure or otherwise unallowable cost
that is not closed or resolved within 12 months from
the date of an initial notification of the finding,
statement, or recommendation.
(5) Nonprofit organization requirements.--
(A) Definition.--For purposes of this
paragraph, the term ``nonprofit organization''
means an organization that is described in
section 501(c)(3) of the Internal Revenue Code
of 1986 and is exempt from taxation under
section 501(a) of such Code.
(B) Prohibition.--The Attorney General
shall not award a grant under any grant program
under this title to a nonprofit organization
that holds money in offshore accounts for the
purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of
1986.
(6) Administrative expenses.--Unless otherwise
explicitly provided in authorizing legislation, not
more than 5.0 percent of the amounts authorized to be
appropriated under this title may be used by the
Attorney General for salaries and administrative
expenses of the Office on Violence Against Women.
(7) Conference expenditures.--
(A) Limitation.--No amounts authorized to
be appropriated to the Department of Justice or
Department of Health and Human Services under
this title may be used by the Attorney General,
the Secretary of Health and Human Services, or
by any individual or organization awarded funds
under this title, to host or support any
expenditure for conferences, unless in the case
of the Department of Justice, the Deputy
Attorney General or the appropriate Assistant
Attorney General, or in the case of the
Department of Health and Human Services the
Deputy Secretary, provides prior written
authorization that the funds may be expended to
host or support any expenditure for such a
conference.
(B) Written approval.--Written
authorization under subparagraph (A) shall
include a written estimate of all costs
associated with the conference, including the
cost of all food and beverages, audio/visual
equipment, honoraria for speakers, and any
entertainment.
(C) Report.--The Deputy Attorney General
and Deputy Secretary of Health and Human
Services shall submit an annual report to the
Committee on the Judiciary and the Committee on
Health, Education, Labor, and Pensions of the
Senate and the Committee on the Judiciary and
the Committee on Energy and Commerce of the
House of Representatives on all conference
expenditures approved and denied during the
fiscal year for which the report is submitted.
(8) Prohibition on lobbying activity.--
(A) In general.--Amounts authorized to be
appropriated under this title may not be
utilized by any grantee or subgrantee to lobby
any representative of the Federal Government
(including the Department of Justice) or a
State, local, or tribal government regarding
the award of grant funding.
(B) Penalty.--If the Attorney General
determines that any grantee or subgrantee
receiving funds under this title has violated
subparagraph (A), the Attorney General shall--
(i) require the grantee or
subgrantee to repay such funds in full;
and
(ii) prohibit the grantee or
subgrantee from receiving any funds
under this title for not less than 5
years.
(9) Annual certification.--Beginning in the first
fiscal year beginning after the date of the enactment
of the Violence Against Women Reauthorization Act of
2012, the Assistant Attorney General for the Office of
Justice Programs, the Director of the Office on
Violence Against Women, and the Deputy Secretary for
Health and Human Services shall submit to the Committee
on the Judiciary and the Committee on Appropriations of
the Senate and the Committee on the Judiciary and the
Committee on Appropriations of the House of
Representatives a certification for such year that--
(A) all audits issued by the Office of the
Inspector General under paragraph (1) have been
completed and reviewed by the Assistant
Attorney General for the Office of Justice
Programs;
(B) all mandatory exclusions required under
paragraph (2) have been issued;
(C) all reimbursements required under
paragraph (3) have been made; and
(D) includes a list of any grantees and
subgrantees excluded during the previous year
under paragraph (2).
Subtitle A--Safe Streets for Women
* * * * * * *
CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
* * * * * * *
SEC. 40152. TRAINING PROGRAMS.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--There are authorized
to be appropriated [to carry out this section $3,000,000 for
each of fiscal years 2007 through 2011.] to carry out this
section $5,000,000 for each of fiscal years 2013 through 2017.
* * * * * * *
Subtitle B--Safe Homes for Women
* * * * * * *
CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.
(a) Purposes.--The purposes of this section are--
(1) to identify, assess, and appropriately respond
to child, youth, and adult victims of domestic
violence, sexual assault, dating violence, and stalking
in rural communities, by encouraging collaboration
among--
(A) * * *
* * * * * * *
(H) health care providers, including sexual
assault forensic examiners;
* * * * * * *
(b) Grants Authorized.--The Attorney General, acting
through the Director of the Office on Violence Against Women
(referred to in this section as the ``Director''), may award
grants to States, Indian tribes, local governments, and
nonprofit, public or private entities, including tribal
nonprofit organizations, to carry out programs serving rural
areas or rural communities that address domestic violence,
dating violence, sexual assault, and stalking by--
(1) implementing, expanding, and establishing
cooperative efforts and projects among law enforcement
officers, prosecutors, [victim advocacy groups] victim
service providers, and other related parties to
investigate and prosecute incidents of domestic
violence, dating violence, sexual assault, and
stalking, including developing multidisciplinary teams
focusing on high-risk cases with the goal of preventing
domestic and dating violence homicides;
(2) providing treatment, counseling, advocacy, [and
other long- and short-term assistance] legal
assistance, and other long-term and short-term victim
services and population specific services to adult and
minor victims of domestic violence, dating violence,
sexual assault, and stalking in rural communities,
including assistance in immigration matters; [and]
(3) working in cooperation with the community to
develop education and prevention strategies directed
toward such issues[.]; and
(4) to develop, expand, or strengthen programs
addressing sexual assault, including sexual assault
forensic examiner programs, Sexual Assault Response
Teams, law enforcement training, and programs
addressing rape kit backlogs.
* * * * * * *
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated [$55,000,000 for each of the fiscal years
2007 through 2011] $50,000,000 for each of fiscal years
2013 through 2017 to carry out this section.
* * * * * * *
CHAPTER 11--TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR [CHILD VICTIMS
OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT] VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
SEC. 40299. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR [CHILD VICTIMS
OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT]
VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING.
(a) In General.--The Attorney General, acting in
consultation with the Director of the Violence Against Women
Office of the Department of Justice, the Department of Housing
and Urban Development, and the Department of Health and Human
Services, shall award grants under this section to States,
units of local government, Indian tribes, and other
organizations, including domestic violence and sexual assault
victim service providers, domestic violence and sexual assault
coalitions, other nonprofit, nongovernmental organizations, or
community-based and culturally specific organizations, that
have a documented history of effective work concerning domestic
violence, dating violence, sexual assault, or stalking
(referred to in this section as the ``recipient'') to carry out
programs to provide assistance to minors, adults, and their
dependents--
(1) who are homeless, or in need of transitional
housing or other housing assistance, as a result of
[fleeing] a situation of domestic violence, dating
violence, sexual assault, or stalking; and
* * * * * * *
[(f) Report to Congress.--
[(1) Reporting requirement.--The Attorney General,
with the Director of the Violence Against Women Office,
shall prepare and submit to the Committee on the
Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that
contains a compilation of the information contained in
the report submitted under subsection (e) of this
section not later than 1 month after the end of each
even-numbered fiscal year.
[(2) Availability of report.--In order to
coordinate efforts to assist the victims of domestic
violence, the Attorney General, in coordination with
the Director of the Violence Against Women Office,
shall transmit a copy of the report submitted under
paragraph (1) to--
[(A) the Office of Community Planning and
Development at the United States Department of
Housing and Urban Development; and
[(B) the Office of Women's Health at the
United States Department of Health and Human
Services.]
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to carry out this section [$40,000,000 for
each of the fiscal years 2007 through 2011] $35,000,000
for each of fiscal years 2013 through 2017.
* * * * * * *
(3) Minimum amount.--
(A) In general.--Except as provided in
subparagraph (B), unless all [eligible]
qualified applications submitted by any States,
units of local government, Indian tribes, or
organizations within a State for a grant under
this section have been funded, that State,
together with the grantees within the State
(other than Indian tribes), shall be allocated
in each fiscal year, not less than 0.75 percent
of the total amount appropriated in the fiscal
year for grants pursuant to this section.
* * * * * * *
(D) Qualified application defined.--In this
paragraph, the term ``qualified application''
means an application that--
(i) has been submitted by an
eligible applicant;
(ii) does not propose any
significant activities that may
compromise victim safety;
(iii) reflects an understanding of
the dynamics of domestic violence,
dating violence, sexual assault, or
stalking; and
(iv) does not propose prohibited
activities, including mandatory
services for victims, background checks
of victims, or clinical evaluations to
determine eligibility for services.
CHAPTER 11--RESEARCH ON EFFECTIVE INTERVENTIONS TO ADDRESS VIOLENCE
AGAINST WOMEN
[SEC. 40297. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE HEALTH CARE
SETTING.
[(a) Purpose.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention and the
Director of the Agency for Healthcare Research and Quality,
shall award grants and contracts to fund research on effective
interventions in the health care setting that prevent domestic
violence, dating violence, and sexual assault across the
lifespan and that prevent the health effects of such violence
and improve the safety and health of individuals who are
currently being victimized.
[(b) Use of Funds.--Research conducted with amounts
received under a grant or contract under this section shall
include the following:
[(1) With respect to the authority of the Centers
for Disease Control and Prevention--
[(A) research on the effects of domestic
violence, dating violence, sexual assault, and
childhood exposure to domestic, dating, or
sexual violence, on health behaviors, health
conditions, and the health status of
individuals, families, and populations;
[(B) research and testing of best messages
and strategies to mobilize public and health
care provider action concerning the prevention
of domestic, dating, or sexual violence; and
[(C) measure the comparative effectiveness
and outcomes of efforts under this Act to
reduce violence and increase women's safety.
[(2) With respect to the authority of the Agency
for Healthcare Research and Quality--
[(A) research on the impact on the health
care system, health care utilization, health
care costs, and health status of domestic
violence, dating violence, and childhood
exposure to domestic and dating violence,
sexual violence and stalking and childhood
exposure; and
[(B) research on effective interventions
within primary care and emergency health care
settings and with health care settings that
include clinical partnerships within community
domestic violence providers for adults and
children exposed to domestic or dating
violence.
[(c) Use of Data.--Research funded under this section shall
be utilized by eligible entities under section 399O of the
Public Health Service Act.
[(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $5,000,000 for
each of fiscal years 2007 through 2011.]
* * * * * * *
Subtitle H--Elder Abuse, Neglect, and Exploitation, Including Domestic
Violence and Sexual Assault Against Older or Disabled Individuals
* * * * * * *
[SEC. 40802. ENHANCED TRAINING AND SERVICES TO END VIOLENCE AGAINST AND
ABUSE OF WOMEN LATER IN LIFE.
[(a) Grants Authorized.--The Attorney General, through the
Director of the Office on Violence Against Women, may award
grants, which may be used for--
[(1) training programs to assist law enforcement,
prosecutors, governmental agencies, victim assistants,
and relevant officers of Federal, State, tribal,
territorial, and local courts in recognizing,
addressing, investigating, and prosecuting instances of
elder abuse, neglect, and exploitation, including
domestic violence, dating violence, sexual assault, or
stalking against victims who are 50 years of age or
older;
[(2) providing or enhancing services for victims of
elder abuse, neglect, and exploitation, including
domestic violence, dating violence, sexual assault, or
stalking, who are 50 years of age or older;
[(3) creating or supporting multidisciplinary
collaborative community responses to victims of elder
abuse, neglect, and exploitation, including domestic
violence, dating violence, sexual assault, and
stalking, who are 50 years of age or older; and
[(4) conducting cross-training for victim service
organizations, governmental agencies, courts, law
enforcement, and nonprofit, nongovernmental
organizations serving victims of elder abuse, neglect,
and exploitation, including domestic violence, dating
violence, sexual assault, and stalking, who are 50
years of age or older.
[(b) Eligible Entities.--An entity shall be eligible to
receive a grant under this section if the entity is--
[(1) a State;
[(2) a unit of local government;
[(3) an Indian tribal government or tribal
organization; or
[(4) a nonprofit and nongovernmental victim
services organization with demonstrated experience in
assisting elderly women or demonstrated experience in
addressing domestic violence, dating violence, sexual
assault, and stalking.
[(c) Underserved Populations.--In awarding grants under
this section, the Director shall ensure that services are
culturally and linguistically relevant and that the needs of
underserved populations are being addressed.]
SEC. 40802. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST
WOMEN IN LATER LIFE.
(a) Definitions.--In this section:
(1) The term ``eligible entity'' means an entity
that--
(A) is--
(i) a State;
(ii) a unit of local government;
(iii) a tribal government or tribal
organization;
(iv) a population specific
organization with demonstrated
experience in assisting individuals in
later life;
(v) a victim service provider; or
(vi) a State, tribal, or
territorial domestic violence or sexual
assault coalition; and
(B) is partnered with--
(i) a law enforcement agency;
(ii) an office of a prosecutor;
(iii) a victim service provider; or
(iv) a nonprofit program or
government agency with demonstrated
experience in assisting individuals in
later life.
(2) The term ``elder abuse'' means domestic
violence, dating violence, sexual assault, or stalking
committed against individuals in later life.
(3) The term ``individual in later life'' means an
individual who is 60 years of age or older.
(b) Grant Program.--
(1) Grants authorized.--The Attorney General may
make grants to eligible entities to carry out the
activities described in paragraph (2). In awarding such
grants, the Attorney General shall consult with the
Secretary of Health and Human Services to ensure that
the activities funded under this section are not
duplicative with the activities funded under the elder
abuse prevention programs of the Department of Health
and Human Services.
(2) Mandatory and permissible activities.--
(A) Mandatory activities.--An eligible
entity receiving a grant under this section
shall use the funds received under the grant
to--
(i) provide training programs to
assist law enforcement agencies,
prosecutors, agencies of States or
units of local government, population
specific organizations, victim service
providers, victim advocates, and
relevant officers in Federal, tribal,
State, territorial, and local courts in
recognizing and addressing instances of
elder abuse;
(ii) provide or enhance services
for victims of elder abuse;
(iii) establish or support
multidisciplinary collaborative
community responses to victims of elder
abuse; and
(iv) conduct cross-training for law
enforcement agencies, prosecutors,
agencies of States or units of local
government, attorneys, health care
providers, population specific
organizations, faith-based advocates,
victim service providers, and courts to
better serve victims of elder abuse.
(B) Permissible activities.--An eligible
entity receiving a grant under this section may
use not more than 10 percent of the funds
received under the grant to--
(i) provide training programs to
assist attorneys, health care
providers, faith-based leaders, or
other community-based organizations in
recognizing and addressing instances of
elder abuse; or
(ii) conduct outreach activities
and awareness campaigns to ensure that
victims of elder abuse receive
appropriate assistance.
(3) Underserved populations.--In making grants
under this section, the Attorney General shall give
priority to proposals providing culturally specific or
population specific services.
(4) Authorization of appropriations.--There is
authorized to be appropriated to carry out this section
$9,000,000 for each of fiscal years 2013 through 2017.
* * * * * * *
[Subtitle J--Violence Against Women Act Court Training and Improvements
[SEC. 41001. SHORT TITLE.
[This subtitle may be cited as the ``Violence Against Women
Act Court Training and Improvements Act of 2005''.
[SEC. 41002. PURPOSE.
[The purpose of this subtitle is to enable the Attorney
General, though the Director of the Office on Violence Against
Women, to award grants to improve court responses to adult and
youth domestic violence, dating violence, sexual assault, and
stalking to be used for--
[(1) improved internal civil and criminal court
functions, responses, practices, and procedures;
[(2) education for court-based and court-related
personnel on issues relating to victims' needs,
including safety, security, privacy, confidentiality,
and economic independence, as well as information about
perpetrator behavior and best practices for holding
perpetrators accountable;
[(3) collaboration and training with Federal,
State, tribal, territorial, and local public agencies
and officials and nonprofit, nongovernmental
organizations to improve implementation and enforcement
of relevant Federal, State, tribal, territorial, and
local law;
[(4) enabling courts or court-based or court-
related programs to develop new or enhance current--
[(A) court infrastructure (such as
specialized courts, dockets, intake centers, or
interpreter services);
[(B) community-based initiatives within the
court system (such as court watch programs,
victim assistants, or community-based
supplementary services);
[(C) offender management, monitoring, and
accountability programs;
[(D) safe and confidential information-
storage and -sharing databases within and
between court systems;
[(E) education and outreach programs to
improve community access, including enhanced
access for underserved populations; and
[(F) other projects likely to improve court
responses to domestic violence, dating
violence, sexual assault, and stalking; and
[(5) providing technical assistance to Federal,
State, tribal, territorial, or local courts wishing to
improve their practices and procedures or to develop
new programs.
[SEC. 41003. GRANT REQUIREMENTS.
[Grants awarded under this subtitle shall be subject to the
following conditions:
[(1) Eligible grantees.--Eligible grantees may
include--
[(A) Federal, State, tribal, territorial,
or local courts or court-based programs; and
[(B) national, State, tribal, territorial,
or local private, nonprofit organizations with
demonstrated expertise in developing and
providing judicial education about domestic
violence, dating violence, sexual assault, or
stalking.
[(2) Conditions of eligibility.--To be eligible for
a grant under this section, applicants shall certify in
writing that--
[(A) any courts or court-based personnel
working directly with or making decisions about
adult or youth parties experiencing domestic
violence, dating violence, sexual assault, and
stalking have completed or will complete
education about domestic violence, dating
violence, sexual assault, and stalking;
[(B) any education program developed under
section 41002 has been or will be developed
with significant input from and in
collaboration with a national, tribal, State,
territorial, or local victim services provider
or coalition; and
[(C) the grantee's internal organizational
policies, procedures, or rules do not require
mediation or counseling between offenders and
victims physically together in cases where
domestic violence, dating violence, sexual
assault, or stalking is an issue.
[SEC. 41004. NATIONAL EDUCATION CURRICULA.
[(a) In General.--The Attorney General, through the
Director of the Office on Violence Against Women, shall fund
efforts to develop a national education curriculum for use by
State and national judicial educators to ensure that all courts
and court personnel have access to information about relevant
Federal, State, territorial, or local law, promising practices,
procedures, and policies regarding court responses to adult and
youth domestic violence, dating violence, sexual assault, and
stalking.
[(b) Eligible Entities.--Any curricula developed under this
section--
[(1) shall be developed by an entity or entities
having demonstrated expertise in developing judicial
education curricula on issues relating to domestic
violence, dating violence, sexual assault, and
stalking; or
[(2) if the primary grantee does not have
demonstrated expertise with such issues, shall be
developed by the primary grantee in partnership with an
organization having such expertise.
[SEC. 41005. TRIBAL CURRICULA.
[(a) In General.--The Attorney General, through the Office
on Violence Against Women, shall fund efforts to develop
education curricula for tribal court judges to ensure that all
tribal courts have relevant information about promising
practices, procedures, policies, and law regarding tribal court
responses to adult and youth domestic violence, dating
violence, sexual assault, and stalking.
[(b) Eligible Entities.--Any curricula developed under this
section--
[(1) shall be developed by a tribal organization
having demonstrated expertise in developing judicial
education curricula on issues relating to domestic
violence, dating violence, sexual assault, and
stalking; or
[(2) if the primary grantee does not have such
expertise, the curricula shall be developed by the
primary grantee through partnership with organizations
having such expertise.
[SEC. 41006. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There is authorized to be appropriated to
carry out this subtitle $5,000,000 for each of fiscal years
2007 to 2011.
[(b) Availability.--Funds appropriated under this section
shall remain available until expended and may only be used for
the specific programs and activities described in this
subtitle.
[(c) Set Aside.--
[(1) In general.--Not less than 10 percent of the
total amount available under this section for each
fiscal year shall be available for grants under the
program authorized by section 2015 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
10).
[(2) Applicability of part.--The requirements of
this section shall not apply to funds allocated for the
program described in paragraph (1).]
* * * * * * *
Subtitle L--Services, Education, Protection and Justice for Young
Victims of Violence
[SEC. 41201. SERVICES TO ADVOCATE FOR AND RESPOND TO YOUTH.
[(a) Grants Authorized.--The Attorney General, in
consultation with the Department of Health and Human Services,
shall award grants to eligible entities to conduct programs to
serve youth victims of domestic violence, dating violence,
sexual assault, and stalking. Amounts appropriated under this
section may only be used for programs and activities described
under subsection (c).
[(b) Eligible Grantees.--To be eligible to receive a grant
under this section, an entity shall be--
[(1) a nonprofit, nongovernmental entity, the
primary purpose of which is to provide services to teen
and young adult victims of domestic violence, dating
violence, sexual assault, or stalking;
[(2) a community-based organization specializing in
intervention or violence prevention services for youth;
[(3) an Indian Tribe or tribal organization
providing services primarily to tribal youth or tribal
victims of domestic violence, dating violence, sexual
assault or stalking; or
[(4) a nonprofit, nongovernmental entity providing
services for runaway or homeless youth affected by
domestic or sexual abuse.
[(c) Use of Funds.--
[(1) In general.--An entity that receives a grant
under this section shall use amounts provided under the
grant to design or replicate, and implement, programs
and services, using domestic violence, dating violence,
sexual assault, and stalking intervention models to
respond to the needs of youth who are victims of
domestic violence, dating violence, sexual assault or
stalking.
[(2) Types of programs.--Such a program--
[(A) shall provide direct counseling and
advocacy for youth and young adults, who have
experienced domestic violence, dating violence,
sexual assault or stalking;
[(B) shall include linguistically,
culturally, and community relevant services for
underserved populations or linkages to existing
services in the community tailored to the needs
of underserved populations;
[(C) may include mental health services for
youth and young adults who have experienced
domestic violence, dating violence, sexual
assault, or stalking;
[(D) may include legal advocacy efforts on
behalf of youth and young adults with respect
to domestic violence, dating violence, sexual
assault or stalking;
[(E) may work with public officials and
agencies to develop and implement policies,
rules, and procedures in order to reduce or
eliminate domestic violence, dating violence,
sexual assault, and stalking against youth and
young adults; and
[(F) may use not more than 25 percent of
the grant funds to provide additional services
and resources for youth, including childcare,
transportation, educational support, and
respite care.
[(d) Awards Basis.--
[(1) Grants to indian tribes.--Not less than 7
percent of funds appropriated under this section in any
year shall be available for grants to Indian Tribes or
tribal organizations.
[(2) Administration.--The Attorney General shall
not use more than 2.5 percent of funds appropriated
under this section in any year for administration,
monitoring, and evaluation of grants made available
under this section.
[(3) Technical assistance.--Not less than 5 percent
of funds appropriated under this section in any year
shall be available to provide technical assistance for
programs funded under this section.
[(e) Term.--The Attorney General shall make the grants
under this section for a period of 3 fiscal years.
[(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $15,000,000 for
each of fiscal years 2007 through 2011.
[SEC. 41202. ACCESS TO JUSTICE FOR YOUTH.
[(a) Purpose.--It is the purpose of this section to
encourage cross training and collaboration between the courts,
domestic violence and sexual assault service providers, youth
organizations and service providers, violence prevention
programs, and law enforcement agencies, so that communities can
establish and implement policies, procedures, and practices to
protect and more comprehensively and effectively serve young
victims of dating violence, domestic violence, sexual assault,
and stalking who are between the ages of 12 and 24, and to
engage, where necessary, other entities addressing the safety,
health, mental health, social service, housing, and economic
needs of young victims of domestic violence, dating violence,
sexual assault, and stalking, including community-based
supports such as schools, local health centers, community
action groups, and neighborhood coalitions.
[(b) Grant Authority.--
[(1) In general.--The Attorney General, through the
Director of the Office on Violence Against Women (in
this section referred to as the ``Director''), shall
make grants to eligible entities to carry out the
purposes of this section.
[(2) Grant periods.--Grants shall be awarded under
this section for a period of 2 fiscal years.
[(3) Eligible entities.--To be eligible for a grant
under this section, a grant applicant shall establish a
collaboration that--
[(A) shall include a victim service
provider that has a documented history of
effective work concerning domestic violence,
dating violence, sexual assault, or stalking
and the effect that those forms of abuse have
on young people;
[(B) shall include a court or law
enforcement agency partner; and
[(C) may include--
[(i) batterer intervention programs
or sex offender treatment programs with
specialized knowledge and experience
working with youth offenders;
[(ii) community-based youth
organizations that deal specifically
with the concerns and problems faced by
youth, including programs that target
teen parents and underserved
communities;
[(iii) schools or school-based
programs designed to provide prevention
or intervention services to youth
experiencing problems;
[(iv) faith-based entities that
deal with the concerns and problems
faced by youth;
[(v) healthcare entities eligible
for reimbursement under title XVIII of
the Social Security Act, including
providers that target the special needs
of youth;
[(vi) education programs on HIV and
other sexually transmitted diseases
that are designed to target teens;
[(vii) Indian Health Service,
tribal child protective services, the
Bureau of Indian Affairs, or the
Federal Bureau of Investigations; or
[(viii) law enforcement agencies of
the Bureau of Indian Affairs providing
tribal law enforcement.
[(c) Uses of Funds.--An entity that receives a grant under
this section shall use the funds made available through the
grant for cross-training and collaborative efforts--
[(1) addressing domestic violence, dating violence,
sexual assault, and stalking, assessing and analyzing
currently available services for youth and young adult
victims, determining relevant barriers to such services
in a particular locality, and developing a community
protocol to address such problems collaboratively;
[(2) to establish and enhance linkages and
collaboration between--
[(A) domestic violence and sexual assault
service providers; and
[(B) where applicable, law enforcement
agencies, courts, Federal agencies, and other
entities addressing the safety, health, mental
health, social service, housing, and economic
needs of young victims of abuse, including
community-based supports such as schools, local
health centers, community action groups, and
neighborhood coalitions--
[(i) to respond effectively and
comprehensively to the varying needs of
young victims of abuse;
[(ii) to include linguistically,
culturally, and community relevant
services for underserved populations or
linkages to existing services in the
community tailored to the needs of
underserved populations; and
[(iii) to include where appropriate
legal assistance, referral services,
and parental support;
[(3) to educate the staff of courts, domestic
violence and sexual assault service providers, and, as
applicable, the staff of law enforcement agencies,
Indian child welfare agencies, youth organizations,
schools, healthcare providers, and other community
prevention and intervention programs to responsibly
address youth victims and perpetrators of domestic
violence, dating violence, sexual assault, and
stalking;
[(4) to identify, assess, and respond appropriately
to dating violence, domestic violence, sexual assault,
or stalking against teens and young adults and meet the
needs of young victims of violence; and
[(5) to provide appropriate resources in juvenile
court matters to respond to dating violence, domestic
violence, sexual assault, and stalking and ensure
necessary services dealing with the health and mental
health of victims are available.
[(d) Grant Applications.--To be eligible for a grant under
this section, the entities that are members of the applicant
collaboration described in subsection (b)(3) shall jointly
submit an application to the Director at such time, in such
manner, and containing such information as the Director may
require.
[(e) Priority.--In awarding grants under this section, the
Director shall give priority to entities that have submitted
applications in partnership with community organizations and
service providers that work primarily with youth, especially
teens, and who have demonstrated a commitment to coalition
building and cooperative problem solving in dealing with
problems of dating violence, domestic violence, sexual assault,
and stalking in teen populations.
[(f) Distribution.--In awarding grants under this section--
[(1) not less than 10 percent of funds appropriated
under this section in any year shall be available to
Indian tribal governments to establish and maintain
collaborations involving the appropriate tribal justice
and social services departments or domestic violence or
sexual assault service providers, the purpose of which
is to provide culturally appropriate services to
American Indian women or youth;
[(2) the Director shall not use more than 2.5
percent of funds appropriated under this section in any
year for monitoring and evaluation of grants made
available under this section;
[(3) the Attorney General of the United States
shall not use more than 2.5 percent of funds
appropriated under this section in any year for
administration of grants made available under this
section; and
[(4) up to 8 percent of funds appropriated under
this section in any year shall be available to provide
technical assistance for programs funded under this
section.
[(g) Dissemination of Information.--Not later than 12
months after the end of the grant period under this section,
the Director shall prepare, submit to Congress, and make widely
available, including through electronic means, summaries that
contain information on--
[(1) the activities implemented by the recipients
of the grants awarded under this section; and
[(2) related initiatives undertaken by the Director
to promote attention to dating violence, domestic
violence, sexual assault, and stalking and their impact
on young victims by--
[(A) the staffs of courts;
[(B) domestic violence, dating violence,
sexual assault, and stalking victim service
providers; and
[(C) law enforcement agencies and community
organizations.
[(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section, $5,000,000 in
each of fiscal years 2007 through 2011.
[SEC. 41203. GRANTS FOR TRAINING AND COLLABORATION ON THE INTERSECTION
BETWEEN DOMESTIC VIOLENCE AND CHILD MALTREATMENT.
[(a) Purpose.--The purpose of this section is to support
efforts by child welfare agencies, domestic violence or dating
violence victim services providers, courts, law enforcement,
and other related professionals and community organizations to
develop collaborative responses and services and provide cross-
training to enhance community responses to families where there
is both child maltreatment and domestic violence.
[(b) Grants Authorized.--The Secretary of the Department of
Health and Human Services (in this section referred to as the
``Secretary''), through the Family and Youth Services Bureau,
and in consultation with the Office on Violence Against Women,
shall award grants on a competitive basis to eligible entities
for the purposes and in the manner described in this section.
[(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2007 through 2011. Funds appropriated
under this section shall remain available until expended. Of
the amounts appropriated to carry out this section for each
fiscal year, the Secretary shall--
[(1) use not more than 3 percent for evaluation,
monitoring, site visits, grantee conferences, and other
administrative costs associated with conducting
activities under this section;
[(2) set aside not more than 7 percent for grants
to Indian tribes to develop programs addressing child
maltreatment and domestic violence or dating violence
that are operated by, or in partnership with, a tribal
organization; and
[(3) set aside up to 8 percent for technical
assistance and training to be provided by organizations
having demonstrated expertise in developing
collaborative community and system responses to
families in which there is both child maltreatment and
domestic violence or dating violence, which technical
assistance and training may be offered to jurisdictions
in the process of developing community responses to
families in which children are exposed to child
maltreatment and domestic violence or dating violence,
whether or not they are receiving funds under this
section.
[(d) Underserved Populations.--In awarding grants under
this section, the Secretary shall consider the needs of
underserved populations.
[(e) Grant Awards.--The Secretary shall award grants under
this section for periods of not more than 2 fiscal years.
[(f) Uses of Funds.--Entities receiving grants under this
section shall use amounts provided to develop collaborative
responses and services and provide cross-training to enhance
community responses to families where there is both child
maltreatment and domestic violence or dating violence. Amounts
distributed under this section may only be used for programs
and activities described in subsection (g).
[(g) Programs and Activities.--The programs and activities
developed under this section shall--
[(1) encourage cross training, education, service
development, and collaboration among child welfare
agencies, domestic violence victim service providers,
and courts, law enforcement agencies, community-based
programs, and other entities, in order to ensure that
such entities have the capacity to and will identify,
assess, and respond appropriately to--
[(A) domestic violence or dating violence
in homes where children are present and may be
exposed to the violence;
[(B) domestic violence or dating violence
in child protection cases; and
[(C) the needs of both the child and
nonabusing parent;
[(2) establish and implement policies, procedures,
programs, and practices for child welfare agencies,
domestic violence victim service providers, courts, law
enforcement agencies, and other entities, that are
consistent with the principles of protecting and
increasing the immediate and long-term safety and well
being of children and non-abusing parents and
caretakers;
[(3) increase cooperation and enhance linkages
between child welfare agencies, domestic violence
victim service providers, courts, law enforcement
agencies, and other entities to provide more
comprehensive community-based services (including
health, mental health, social service, housing, and
neighborhood resources) to protect and to serve both
child and adult victims;
[(4) identify, assess, and respond appropriately to
domestic violence or dating violence in child
protection cases and to child maltreatment when it co-
occurs with domestic violence or dating violence;
[(5) analyze and change policies, procedures, and
protocols that contribute to overrepresentation of
certain populations in the court and child welfare
system; and
[(6) provide appropriate referrals to community-
based programs and resources, such as health and mental
health services, shelter and housing assistance for
adult and youth victims and their children, legal
assistance and advocacy for adult and youth victims,
assistance for parents to help their children cope with
the impact of exposure to domestic violence or dating
violence and child maltreatment, appropriate
intervention and treatment for adult perpetrators of
domestic violence or dating violence whose children are
the subjects of child protection cases, programs
providing support and assistance to underserved
populations, and other necessary supportive services.
[(h) Grantee Requirements.--
[(1) Applications.--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, consistent with the requirements described
herein. The application shall--
[(A) ensure that communities impacted by
these systems or organizations are adequately
represented in the development of the
application, the programs and activities to be
undertaken, and that they have a significant
role in evaluating the success of the project;
[(B) describe how the training and
collaboration activities will enhance or ensure
the safety and economic security of families
where both child maltreatment and domestic
violence or dating violence occurs by providing
appropriate resources, protection, and support
to the victimized parents of such children and
to the children themselves; and
[(C) outline methods and means
participating entities will use to ensure that
all services are provided in a developmentally,
linguistically and culturally competent manner
and will utilize community-based supports and
resources.
[(2) Eligible entities.--To be eligible for a grant
under this section, an entity shall be a collaboration
that--
[(A) shall include a State or local child
welfare agency or Indian Tribe;
[(B) shall include a domestic violence or
dating violence victim service provider;
[(C) shall include a law enforcement agency
or Bureau of Indian Affairs providing tribal
law enforcement;
[(D) may include a court; and
[(E) may include any other such agencies or
private nonprofit organizations and faith-based
organizations, including community-based
organizations, with the capacity to provide
effective help to the child and adult victims
served by the collaboration.
[SEC. 41204. GRANTS TO COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING IN MIDDLE AND HIGH
SCHOOLS.
[(a) Short Title.--This section may be cited as the
``Supporting Teens through Education and Protection Act of
2005'' or the ``STEP Act''.
[(b) Grants Authorized.--The Attorney General, through the
Director of the Office on Violence Against Women, is authorized
to award grants to middle schools and high schools that work
with domestic violence and sexual assault experts to enable the
schools--
[(1) to provide training to school administrators,
faculty, counselors, coaches, healthcare providers,
security personnel, and other staff on the needs and
concerns of students who experience domestic violence,
dating violence, sexual assault, or stalking, and the
impact of such violence on students;
[(2) to develop and implement policies in middle
and high schools regarding appropriate, safe responses
to, and identification and referral procedures for,
students who are experiencing or perpetrating domestic
violence, dating violence, sexual assault, or stalking,
including procedures for handling the requirements of
court protective orders issued to or against students
or school personnel, in a manner that ensures the
safety of the victim and holds the perpetrator
accountable;
[(3) to provide support services for students and
school personnel, such as a resource person who is
either on-site or on-call, and who is an expert
described in subsections (i)(2) and (i)(3), for the
purpose of developing and strengthening effective
prevention and intervention strategies for students and
school personnel experiencing domestic violence, dating
violence, sexual assault or stalking;
[(4) to provide developmentally appropriate
educational programming to students regarding domestic
violence, dating violence, sexual assault, and
stalking, and the impact of experiencing domestic
violence, dating violence, sexual assault, and stalking
on children and youth by adapting existing curricula
activities to the relevant student population;
[(5) to work with existing mentoring programs and
develop strong mentoring programs for students,
including student athletes, to help them understand and
recognize violence and violent behavior, how to prevent
it and how to appropriately address their feelings; and
[(6) to conduct evaluations to assess the impact of
programs and policies assisted under this section in
order to enhance the development of the programs.
[(c) Award Basis.--The Director shall award grants and
contracts under this section on a competitive basis.
[(d) Policy Dissemination.--The Director shall disseminate
to middle and high schools any existing Department of Justice,
Department of Health and Human Services, and Department of
Education policy guidance and curricula regarding the
prevention of domestic violence, dating violence, sexual
assault, and stalking, and the impact of the violence on
children and youth.
[(e) Nondisclosure of Confidential or Private
Information.--In order to ensure the safety of adult, youth,
and minor victims of domestic violence, dating violence, sexual
assault, or stalking and their families, grantees and
subgrantees shall protect the confidentiality and privacy of
persons receiving services. Grantees and subgrantees pursuant
to this section shall not disclose any personally identifying
information or individual information collected in connection
with services requested, utilized, or denied through grantees'
and subgrantees' programs. Grantees and subgrantees shall not
reveal individual client information without the informed,
written, reasonably time-limited consent of the person (or in
the case of unemancipated minor, the minor and the parent or
guardian, except that consent for release may not be given by
the abuser of the minor or of the other parent of the minor)
about whom information is sought, whether for this program or
any other Tribal, Federal, State or Territorial grant program.
If release of such information is compelled by statutory or
court mandate, grantees and subgrantees shall make reasonable
attempts to provide notice to victims affected by the
disclosure of information. If such personally identifying
information is or will be revealed, grantees and subgrantees
shall take steps necessary to protect the privacy and safety of
the persons affected by the release of the information.
Grantees may share non-personally identifying data in the
aggregate regarding services to their clients and non-
personally identifying demographic information in order to
comply with Tribal, Federal, State or Territorial reporting,
evaluation, or data collection requirements. Grantees and
subgrantees may share court-generated information contained in
secure, governmental registries for protection order
enforcement purposes.
[(f) Grant Term and Allocation.--
[(1) Term.--The Director shall make the grants
under this section for a period of 3 fiscal years.
[(2) Allocation.--Not more than 15 percent of the
funds available to a grantee in a given year shall be
used for the purposes described in subsection (b)(4),
(b)(5), and (b)(6).
[(g) Distribution.--
[(1) In general.--Not less than 5 percent of funds
appropriated under subsection (l) in any year shall be
available for grants to tribal schools, schools on
tribal lands or schools whose student population is
more than 25 percent Native American.
[(2) Administration.--The Director shall not use
more than 5 percent of funds appropriated under
subsection (l) in any year for administration,
monitoring and evaluation of grants made available
under this section.
[(3) Training, technical assistance, and data
collection.--Not less than 5 percent of funds
appropriated under subsection (l) in any year shall be
available to provide training, technical assistance,
and data collection for programs funded under this
section.
[(h) Application.--To be eligible to be awarded a grant or
contract under this section for any fiscal year, a middle or
secondary school, in consultation with an expert as described
in subsections (i)(2) and (i)(3), shall submit an application
to the Director at such time and in such manner as the Director
shall prescribe.
[(i) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be a partnership that--
[(1) shall include a public, charter, tribal, or
nationally accredited private middle or high school, a
school administered by the Department of Defense under
10 U.S.C. 2164 or 20 U.S.C. 921, a group of schools, or
a school district;
[(2) shall include a domestic violence victim
service provider that has a history of working on
domestic violence and the impact that domestic violence
and dating violence have on children and youth;
[(3) shall include a sexual assault victim service
provider, such as a rape crisis center, program serving
tribal victims of sexual assault, or coalition or other
nonprofit nongovernmental organization carrying out a
community-based sexual assault program, that has a
history of effective work concerning sexual assault and
the impact that sexual assault has on children and
youth; and
[(4) may include a law enforcement agency, the
State, Tribal, Territorial or local court, nonprofit
nongovernmental organizations and service providers
addressing sexual harassment, bullying or gang-related
violence in schools, and any other such agencies or
nonprofit nongovernmental organizations with the
capacity to provide effective assistance to the adult,
youth, and minor victims served by the partnership.
[(j) Priority.--In awarding grants under this section, the
Director shall give priority to entities that have submitted
applications in partnership with relevant courts or law
enforcement agencies.
[(k) Reporting and Dissemination of Information.--
[(1) Reporting.--Each of the entities that are
members of the applicant partnership described in
subsection (i), that receive a grant under this section
shall jointly prepare and submit to the Director every
18 months a report detailing the activities that the
entities have undertaken under the grant and such
additional information as the Director shall require.
[(2) Dissemination of information.--Within 9 months
of the completion of the first full grant cycle, the
Director shall publicly disseminate, including through
electronic means, model policies and procedures
developed and implemented in middle and high schools by
the grantees, including information on the impact the
policies have had on their respective schools and
communities.
[(l) Authorization of Appropriations.--
[(1) In general.--There is authorized to be
appropriated to carry out this section, $5,000,000 for
each of fiscal years 2007 through 2011.
[(2) Availability.--Funds appropriated under
paragraph (1) shall remain available until expended.]
SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND
EDUCATION FOR CHILDREN AND YOUTH (CHOOSE CHILDREN
AND YOUTH).
(a) Grants Authorized.--The Attorney General, working in
collaboration with the Secretary of Health and Human Services
and the Secretary of Education, shall award grants to enhance
the safety of youth and children who are victims of, or exposed
to, domestic violence, dating violence, sexual assault, or
stalking and to prevent future violence.
(b) Program Purposes.--Funds provided under this section
may be used for the following program purpose areas:
(1) Services to advocate for and respond to
youth.--To develop, expand, and strengthen victim
interventions and services that target youth who are
victims of domestic violence, dating violence, sexual
assault, and stalking. Services may include victim
services, counseling, advocacy, mentoring, educational
support, transportation, legal assistance in civil,
criminal and administrative matters, such as family law
cases, housing cases, child welfare proceedings, campus
administrative proceedings, and civil protection order
proceedings, services to address sex trafficking,
population specific services, and other activities that
support youth in finding safety, stability, and justice
and in addressing the emotional, cognitive, and
physical effects of trauma on youth. Funds may be used
to--
(A) assess and analyze available services
for youth victims of domestic violence, dating
violence, sexual assault, and stalking,
determining relevant barriers to such services
in a particular locality, and developing a
community protocol to address such problems
collaboratively;
(B) develop and implement policies,
practices, and procedures to effectively
respond to domestic violence, dating violence,
sexual assault, or stalking against youth; or
(C) provide technical assistance and
training to enhance the ability of school
personnel, victim service providers, child
protective service workers, staff of law
enforcement agencies, prosecutors, court
personnel, individuals who work in after school
programs, medical personnel, social workers,
mental health personnel, and workers in other
programs that serve children and youth to
improve their ability to appropriately respond
to the needs of children and youth who are
victims of domestic violence, dating violence,
sexual assault, and stalking, as well as
homeless youth, and to properly refer such
children, youth, and their families to
appropriate services.
(2) Supporting youth through education and
protection.--To enable secondary or elementary schools
that serve students in any of grades five through
twelve and institutions of higher education to--
(A) provide training to school personnel,
including health care providers and security
personnel, on the needs of students who are
victims of domestic violence, dating violence,
sexual assault, or stalking;
(B) develop and implement age-appropriate
prevention and intervention policies in
accordance with State law in secondary or
elementary schools that serve students in any
of grades five through twelve, including
appropriate responses to, and identification
and referral procedures for, students who are
experiencing or perpetrating domestic violence,
dating violence, sexual assault, or stalking,
and procedures for handling the requirements of
court protective orders issued to or against
students;
(C) provide support services for student
victims of domestic violence, dating violence,
sexual assault, or stalking, such as a resource
person who is either on-site or on-call;
(D) provide evidence-based educational
programs for students regarding domestic
violence, dating violence, sexual assault, and
stalking; or
(E) develop strategies to increase
identification, support, referrals, and
prevention programs for youth who are at high
risk of domestic violence, dating violence,
sexual assault, or stalking.
(c) Eligible Applicants.--
(1) In general.--To be eligible to receive a grant
under this section, an entity shall be--
(A) a victim service provider, tribal
nonprofit organization, population specific
organization, or community-based organization
with a demonstrated history of effective work
addressing the needs of youth, including
runaway or homeless youth, who are victims of
domestic violence, dating violence, sexual
assault, or stalking; or
(B) a victim service provider that is
partnered with an entity that has a
demonstrated history of effective work
addressing the needs of youth.
(2) Partnerships.--
(A) Education.--To be eligible to receive a
grant for the purposes described in subsection
(b)(2), an entity described in paragraph (1)
shall be partnered with an elementary school or
secondary school (as such terms are defined in
section 9101 of the Elementary and Secondary
Education Act of 1965), charter school (as
defined in section 5210 of such Act), a school
that is operated or supported by the Bureau of
Indian Education, or a legally operating
private school, a school administered by the
Department of Defense under section 2164 of
title 10, United States Code, or section 1402
of the Defense Dependents' Education Act of
1978, a group of such schools, a local
educational agency (as defined in section
9101(26) of the Elementary and Secondary
Education Act of 1965), or an institution of
higher education (as defined in section 101(a)
of the Higher Education Act of 1965).
(B) Other partnerships.--All applicants
under this section are encouraged to work in
partnership with organizations and agencies
that work with the relevant youth population.
Such entities may include--
(i) a State, tribe, unit of local
government, or territory;
(ii) a population specific or
community-based organization;
(iii) batterer intervention
programs or sex offender treatment
programs with specialized knowledge and
experience working with youth
offenders; or
(iv) any other agencies or
nonprofit, nongovernmental
organizations with the capacity to
provide effective assistance to the
adult, youth, and child victims served
by the partnership.
(d) Grantee Requirements.--Applicants for grants under this
section shall establish and implement policies, practices, and
procedures that--
(1) require and include appropriate referral
systems for child and youth victims;
(2) protect the confidentiality and privacy of
child and youth victim information, particularly in the
context of parental or third-party involvement and
consent, mandatory reporting duties, and working with
other service providers with priority on victim safety
and autonomy;
(3) ensure that all individuals providing
intervention or prevention programs to children or
youth through a program funded under this section have
completed, or will complete, sufficient training in
connection with domestic violence, dating violence,
sexual assault, and stalking; and
(4) ensure that parents are informed of the
programs funded under this program that are being
offered at their child's school.
(e) Priority.--The Attorney General shall prioritize grant
applications under this section that coordinate with prevention
programs in the community.
(f) Definitions and Grant Conditions.--In this section, the
definitions and grant conditions provided for in section 40002
shall apply.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $15,000,000 for
each of the fiscal years 2013 through 2017.
(h) Allotment.--
(1) In general.--Not less than 50 percent of the
total amount appropriated under this section for each
fiscal year shall be used for the purposes described in
subsection (b)(1).
(2) Indian tribes.--Not less than 10 percent of the
total amount appropriated under this section for each
fiscal year shall be made available for grants under
the program authorized by section 2015 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-10).
* * * * * * *
Subtitle M--Strengthening America's Families by Preventing Violence
Against Women and Children
* * * * * * *
[SEC. 41303. GRANTS TO ASSIST CHILDREN AND YOUTH EXPOSED TO VIOLENCE.
[(a) Grants Authorized.--
[(1) In general.--The Attorney General, acting
through the Director of the Office on Violence Against
Women, and in collaboration with the Department of
Health and Human Services, is authorized to award
grants on a competitive basis to eligible entities for
the purpose of mitigating the effects of domestic
violence, dating violence, sexual assault, and stalking
on children exposed to such violence, and reducing the
risk of future victimization or perpetration of
domestic violence, dating violence, sexual assault, and
stalking.
[(2) Term.--The Director shall make grants under
this section for a period of 2 fiscal years.
[(3) Award basis.--The Director shall award
grants--
[(A) considering the needs of underserved
populations;
[(B) awarding not less than 10 percent of
such amounts to Indian tribes for the funding
of tribal projects from the amounts made
available under this section for a fiscal year;
[(C) awarding up to 8 percent for the
funding of technical assistance programs from
the amounts made available under this section
for a fiscal year; and
[(D) awarding not less than 66 percent to
programs described in subsection (c)(1) from
the amounts made available under this section
for a fiscal year.
[(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2007 through 2011.
[(c) Use of Funds.--The funds appropriated under this
section shall be used for--
[(1) programs that provide services for children
exposed to domestic violence, dating violence, sexual
assault, or stalking, which may include direct
counseling, advocacy, or mentoring, and must include
support for the nonabusing parent or the child's
caretaker; or
[(2) training, coordination, and advocacy for
programs that serve children and youth (such as Head
Start, child care, and after-school programs) on how to
safely and confidentially identify children and
families experiencing domestic violence and properly
refer them to programs that can provide direct services
to the family and children, and coordination with other
domestic violence or other programs serving children
exposed to domestic violence, dating violence, sexual
assault, or stalking that can provide the training and
direct services referenced in this subsection.
[(d) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be a--
[(1) a victim service provider, tribal nonprofit
organization or community-based organization that has a
documented history of effective work concerning
children or youth exposed to domestic violence, dating
violence, sexual assault, or stalking, including
programs that provide culturally specific services,
Head Start, childcare, faith-based organizations, after
school programs, and health and mental health
providers; or
[(2) a State, territorial, or tribal, or local unit
of government agency that is partnered with an
organization described in paragraph (1).
[(e) Grantee Requirements.--Under this section, an entity
shall--
[(1) prepare and submit to the Director an
application at such time, in such manner, and
containing such information as the Director may
require; and
[(2) at a minimum, describe in the application the
policies and procedures that the entity has or will
adopt to--
[(A) enhance or ensure the safety and
security of children who have been or are being
exposed to violence and their nonabusing
parent, enhance or ensure the safety and
security of children and their nonabusing
parent in homes already experiencing domestic
violence, dating violence, sexual assault, or
stalking; and
[(B) ensure linguistically, culturally, and
community relevant services for underserved
communities.
[SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT PROGRAMS FOR HOME
VISITATION PROJECTS.
[(a) Grants Authorized.--
[(1) In general.--The Attorney General, acting
through the Director of the Office on Violence Against
Women, and in collaboration with the Department of
Health and Human Services, shall award grants on a
competitive basis to home visitation programs, in
collaboration with victim service providers, for the
purposes of developing and implementing model policies
and procedures to train home visitation service
providers on addressing domestic violence, dating
violence, sexual assault, and stalking in families
experiencing violence, or at risk of violence, to
reduce the impact of that violence on children,
maintain safety, improve parenting skills, and break
intergenerational cycles of violence.
[(2) Term.--The Director shall make the grants
under this section for a period of 2 fiscal years.
[(3) Award basis.--The Director shall--
[(A) consider the needs of underserved
populations;
[(B) award not less than 7 percent of such
amounts for the funding of tribal projects from
the amounts made available under this section
for a fiscal year; and
[(C) award up to 8 percent for the funding
of technical assistance programs from the
amounts made available under this section for a
fiscal year.
[(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $7,000,000 for
each of fiscal years 2007 through 2011.
[(c) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be a national, Federal,
State, local, territorial, or tribal--
[(1) home visitation program that provides services
to pregnant women and to young children and their
parent or primary caregiver that are provided in the
permanent or temporary residence or in other familiar
surroundings of the individual or family receiving such
services; or
[(2) victim services organization or agency in
collaboration with an organization or organizations
listed in paragraph (1).
[(d) Grantee Requirements.--Under this section, an entity
shall--
[(1) prepare and submit to the Director an
application at such time, in such manner, and
containing such information as the Director may
require; and
[(2) describe in the application the policies and
procedures that the entity has or will adopt to--
[(A) enhance or ensure the safety and
security of children and their nonabusing
parent in homes already experiencing domestic
violence, dating violence, sexual assault, or
stalking;
[(B) ensure linguistically, culturally, and
community relevant services for underserved
communities;
[(C) ensure the adequate training by
domestic violence, dating violence, sexual
assault or stalking victim service providers of
home visitation grantee program staff to--
[(i) safely screen for and/or
recognize domestic violence, dating
violence, sexual assault, and stalking;
[(ii) understand the impact of
domestic violence or sexual assault on
children and protective actions taken
by a nonabusing parent or caretaker in
response to violence against anyone in
the household; and
[(iii) link new parents with
existing community resources in
communities where resources exist; and
[(D) ensure that relevant State and local
domestic violence, dating violence, sexual
assault, and stalking victim service providers
and coalitions are aware of the efforts of
organizations receiving grants under this
section, and are included as training partners,
where possible.
[SEC. 41305. ENGAGING MEN AND YOUTH IN PREVENTING DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
[(a) Grants Authorized.--
[(1) In general.--The Attorney General, acting
through the Director of the Office on Violence Against
Women, and in collaboration with the Department of
Health and Human Services, shall award grants on a
competitive basis to eligible entities for the purpose
of developing or enhancing programs related to engaging
men and youth in preventing domestic violence, dating
violence, sexual assault, and stalking by helping them
to develop mutually respectful, nonviolent
relationships.
[(2) Term.--The Director shall make grants under
this section for a period of 2 fiscal years.
[(3) Award basis.--The Director shall award
grants--
[(A) considering the needs of underserved
populations;
[(B) awarding not less than 10 percent of
such amounts for the funding of Indian tribes
from the amounts made available under this
section for a fiscal year; and
[(C) awarding up to 8 percent for the
funding of technical assistance for grantees
and non-grantees working in this area from the
amounts made available under this section for a
fiscal year.
[(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2007 through 2011.
[(c) Use of Funds.--
[(1) Programs.--The funds appropriated under this
section shall be used by eligible entities--
[(A) to develop or enhance community-based
programs, including gender-specific programs in
accordance with applicable laws that--
[(i) encourage children and youth
to pursue nonviolent relationships and
reduce their risk of becoming victims
or perpetrators of domestic violence,
dating violence, sexual assault, or
stalking; and
[(ii) that include at a minimum--
[(I) information on
domestic violence, dating
violence, sexual assault,
stalking, or child sexual abuse
and how they affect children
and youth; and
[(II) strategies to help
participants be as safe as
possible; or
[(B) to create public education campaigns
and community organizing to encourage men and
boys to work as allies with women and girls to
prevent violence against women and girls
conducted by entities that have experience in
conducting public education campaigns that
address domestic violence, dating violence,
sexual assault, or stalking.
[(2) Media limits.--No more than 40 percent of
funds received by a grantee under this section may be
used to create and distribute media materials.
[(d) Eligible Entities.--
[(1) Relationships.--Eligible entities under
subsection (c)(1)(A) are--
[(A) nonprofit, nongovernmental domestic
violence, dating violence, sexual assault, or
stalking victim service providers or
coalitions;
[(B) community-based child or youth
services organizations with demonstrated
experience and expertise in addressing the
needs and concerns of young people;
[(C) a State, territorial, tribal, or unit
of local governmental entity that is partnered
with an organization described in subparagraph
(A) or (B); or
[(D) a program that provides culturally
specific services.
[(2) Awareness campaign.--Eligible entities under
subsection (c)(1)(B) are--
[(A) nonprofit, nongovernmental
organizations or coalitions that have a
documented history of creating and
administering effective public education
campaigns addressing the prevention of domestic
violence, dating violence, sexual assault or
stalking; or
[(B) a State, territorial, tribal, or unit
of local governmental entity that is partnered
with an organization described in subparagraph
(A).
[(e) Grantee Requirements.--Under this section, an entity
shall--
[(1) prepare and submit to the Director an
application at such time, in such manner, and
containing such information as the Director may
require; and
[(2) eligible entities pursuant to subsection
(c)(1)(A) shall describe in the application the
policies and procedures that the entity has or will
adopt to--
[(A) enhance or ensure the safety and
security of children and youth already
experiencing domestic violence, dating
violence, sexual assault, or stalking in their
lives;
[(B) ensure linguistically, culturally, and
community relevant services for underserved
communities;
[(C) inform participants about laws,
services, and resources in the community, and
make referrals as appropriate; and
[(D) ensure that State and local domestic
violence, dating violence, sexual assault, and
stalking victim service providers and
coalitions are aware of the efforts of
organizations receiving grants under this
section.]
SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION
(SMART PREVENTION).
(a) Grants Authorized.--The Attorney General, in
consultation with the Secretary of Health and Human Services
and the Secretary of Education, is authorized to award grants
for the purpose of preventing domestic violence, dating
violence, sexual assault, and stalking by taking a
comprehensive approach that focuses on youth, children exposed
to violence, and men as leaders and influencers of social
norms.
(b) Use of Funds.--Funds provided under this section may be
used for the following purposes:
(1) Teen dating violence awareness and
prevention.--To develop, maintain, or enhance programs
that change attitudes and behaviors around the
acceptability of domestic violence, dating violence,
sexual assault, and stalking and provide education and
skills training to young individuals and individuals
who influence young individuals. The prevention program
may use evidence-based, evidence-informed, or
innovative strategies and practices focused on youth.
Such a program should include--
(A) evidence-based age education on
domestic violence, dating violence, sexual
assault, stalking, and sexual coercion, as well
as healthy relationship skills, in school, in
the community, or in health care settings;
(B) community-based collaboration and
training for those with influence on youth,
such as parents, teachers, coaches, health care
providers, faith-leaders, older teens, and
mentors;
(C) education and outreach to change
environmental factors contributing to domestic
violence, dating violence, sexual assault, and
stalking; and
(D) policy development targeted to
prevention, including school-based policies and
protocols.
(2) Children exposed to violence and abuse.--To
develop, maintain or enhance programs designed to
prevent future incidents of domestic violence, dating
violence, sexual assault, and stalking by preventing,
reducing and responding to children's exposure to
violence in the home. Such programs may include--
(A) providing services for children exposed
to domestic violence, dating violence, sexual
assault or stalking, including direct
counseling or advocacy, and support for the
non-abusing parent; and
(B) training and coordination for
educational, after-school, and childcare
programs on how to safely and confidentially
identify children and families experiencing
domestic violence, dating violence, sexual
assault, or stalking and properly refer
children exposed and their families to services
and violence prevention programs.
(3) Engaging men as leaders and role models.--To
develop, maintain or enhance programs that work with
men to prevent domestic violence, dating violence,
sexual assault, and stalking by helping men to serve as
role models and social influencers of other men and
youth at the individual, school, community or statewide
levels.
(c) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be--
(1) a victim service provider, community-based
organization, tribe or tribal organization, or other
nonprofit, nongovernmental organization that has a
history of effective work preventing domestic violence,
dating violence, sexual assault, or stalking and
expertise in the specific area for which they are
applying for funds; or
(2) a partnership between a victim service
provider, community-based organization, tribe or tribal
organization, or other nonprofit, nongovernmental
organization that has a history of effective work
preventing domestic violence, dating violence, sexual
assault, or stalking and at least one of the following
that has expertise in serving children exposed to
domestic violence, dating violence, sexual assault, or
stalking, youth domestic violence, dating violence,
sexual assault, or stalking prevention, or engaging men
to prevent domestic violence, dating violence, sexual
assault, or stalking:
(A) A public, charter, tribal, or
nationally accredited private middle or high
school, a school administered by the Department
of Defense under section 2164 of title 10,
United States Code or section 1402 of the
Defense Dependents' Education Act of 1978, a
group of schools, or a school district.
(B) A local community-based organization,
population-specific organization, or faith-
based organization that has established
expertise in providing services to youth.
(C) A community-based organization,
population-specific organization, university or
health care clinic, faith-based organization,
or other nonprofit, nongovernmental
organization.
(D) A nonprofit, nongovernmental entity
providing services for runaway or homeless
youth affected by domestic violence, dating
violence, sexual assault, or stalking.
(E) Health care entities eligible for
reimbursement under title XVIII of the Social
Security Act, including providers that target
the special needs of children and youth.
(F) Any other agencies, population-specific
organizations, or nonprofit, nongovernmental
organizations with the capacity to provide
necessary expertise to meet the goals of the
program.
(d) Grantee Requirements.--
(1) In general.--Applicants for grants under this
section shall prepare and submit to the Director an
application at such time, in such manner, and
containing such information as the Director may require
that demonstrates the capacity of the applicant and
partnering organizations to undertake the project.
(2) Policies and procedures.--Applicants under this
section shall establish and implement policies,
practices, and procedures that are consistent with the
best practices developed under section 402 of the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 280b-4) and--
(A) include appropriate referral systems to
direct any victim identified during program
activities to highly qualified follow-up care;
(B) protect the confidentiality and privacy
of adult and youth victim information,
particularly in the context of parental or
third-party involvement and consent, mandatory
reporting duties, and working with other
service providers;
(C) ensure that all individuals providing
prevention programming through a program funded
under this section have completed or will
complete sufficient training in connection with
domestic violence, dating violence, sexual
assault or stalking; and
(D) document how prevention programs are
coordinated with service programs in the
community.
(3) Preference.--In selecting grant recipients
under this section, the Attorney General shall give
preference to applicants that--
(A) include outcome-based evaluation; and
(B) identify any other community, school,
or State-based efforts that are working on
domestic violence, dating violence, sexual
assault, or stalking prevention and explain how
the grantee or partnership will add value,
coordinate with other programs, and not
duplicate existing efforts.
(e) Definitions and Grant Conditions.--In this section, the
definitions and grant conditions provided for in section 40002
shall apply.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $15,000,000 for
each of fiscal years 2013 through 2017.
(g) Allotment.--
(1) In general.--Not less than 25 percent of the
total amounts appropriated under this section in each
fiscal year shall be used for each set of purposes
described in paragraphs (1), (2), and (3) of subsection
(b).
(2) Indian tribes.--Not less than 10 percent of the
total amounts appropriated under this section in each
fiscal year shall be made available for grants to
Indian tribes or tribal organizations.
Subtitle N--Addressing the Housing Needs of Victims of Domestic
Violence, Dating Violence, Sexual Assault, and Stalking
CHAPTER 1--GRANT PROGRAMS
SEC. 41402. PURPOSE.
The purpose of this [subtitle] chapter is to reduce
domestic violence, dating violence, sexual assault, and
stalking, and to prevent homelessness by--
(1) * * *
* * * * * * *
SEC. 41403. DEFINITIONS.
For purposes of this [subtitle] chapter--
(1) * * *
* * * * * * *
[(6) the terms ``homeless'', ``homeless
individual'', and ``homeless person''--
[(A) mean an individual who lacks a fixed,
regular, and adequate nighttime residence; and
[(B) includes--
[(i) an individual who--
[(I) is sharing the housing
of other persons due to loss of
housing, economic hardship, or
a similar reason;
[(II) is living in a motel,
hotel, trailer park, or
campground due to the lack of
alternative adequate
accommodations;
[(III) is living in an
emergency or transitional
shelter;
[(IV) is abandoned in a
hospital; or
[(V) is awaiting foster
care placement;
[(ii) an individual who has a
primary nighttime residence that is a
public or private place not designed
for or ordinarily used as a regular
sleeping accommodation for human
beings; or
[(iii) migratory children (as
defined in section 1309 of the
Elementary and Secondary Education Act
of 1965; 20 U.S.C. 6399) who qualify as
homeless under this section because the
children are living in circumstances
described in this paragraph;]
(6) the terms ``homeless'', ``homeless
individual'', and ``homeless person'' have the meanings
given such terms in section 40002(a);
* * * * * * *
SEC. 41404. COLLABORATIVE GRANTS TO INCREASE THE LONG-TERM STABILITY OF
VICTIMS.
(a) * * *
* * * * * * *
(i) Authorization of Appropriations.--There are authorized
to be appropriated [$10,000,000 for each of fiscal years 2007
through 2011] $4,000,000 for each of fiscal years 2013 through
2017 to carry out the provisions of this section.
SEC. 41405. GRANTS TO COMBAT VIOLENCE AGAINST WOMEN IN PUBLIC AND
ASSISTED HOUSING.
(a) * * *
* * * * * * *
(g) Authorization of Appropriations.--There are authorized
to be appropriated [$10,000,000 for each of fiscal years 2007
through 2011] $4,000,000 for each of fiscal years 2013 through
2017 to carry out the provisions of this section.
CHAPTER 2--HOUSING RIGHTS
SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
(a) Definitions.--In this chapter:
(1) Affiliated individual.--The term ``affiliated
individual'' means, with respect to an individual--
(A) a spouse, parent, brother, sister, or
child of that individual, or an individual to
whom that individual stands in loco parentis;
or
(B) any individual, tenant, or lawful
occupant living in the household of that
individual.
(2) Appropriate agency.--The term ``appropriate
agency'' means, with respect to a covered housing
program, the Executive department (as defined in
section 101 of title 5, United States Code) that
carries out the covered housing program.
(3) Covered housing program.--The term ``covered
housing program'' means--
(A) the program under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(B) the program under section 811 of the
Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013);
(C) the program under subtitle D of title
VIII of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12901 et
seq.);
(D) each of the programs under title IV of
the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11360 et seq.);
(E) the program under subtitle A of title
II of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12741 et seq.);
(F) the program under paragraph (3) of
section 221(d) of the National Housing Act (12
U.S.C. 1715l(d)) for insurance of mortgages
that bear interest at a rate determined under
the proviso under paragraph (5) of such section
221(d);
(G) the program under section 236 of the
National Housing Act (12 U.S.C. 1715z-1);
(H) the programs under sections 6 and 8 of
the United States Housing Act of 1937 (42
U.S.C. 1437d and 1437f);
(I) rural housing assistance provided under
sections 514, 515, 516, 533, and 538 of the
Housing Act of 1949 (42 U.S.C. 1484, 1485,
1486, 1490m, and 1490p-2); and
(J) the low-income housing tax credit
program under section 42 of the Internal
Revenue Code of 1986.
(b) Prohibited Basis for Denial or Termination of
Assistance or Eviction.--
(1) In general.--An applicant for or tenant of
housing assisted under a covered housing program may
not be denied admission to, denied assistance under,
terminated from participation in, or evicted from the
housing program or housing on the basis that the
applicant or tenant is or has been a victim of domestic
violence, dating violence, sexual assault, or stalking,
if the applicant or tenant otherwise qualifies for
admission, assistance, participation, or occupancy.
(2) Construction of lease terms.--An incident of
actual or threatened domestic violence, dating
violence, sexual assault, or stalking shall not be
construed as--
(A) a serious or repeated violation of a
lease for housing assisted under a covered
housing program by the victim or threatened
victim of such incident; or
(B) good cause for terminating the
assistance, tenancy, or occupancy rights to
housing assisted under a covered housing
program of the victim or threatened victim of
such incident.
(3) Termination on the basis of criminal
activity.--
(A) Denial of assistance, tenancy, and
occupancy rights prohibited.--No person may
deny assistance, tenancy, or occupancy rights
to housing assisted under a covered housing
program to a tenant solely on the basis of
criminal activity directly relating to domestic
violence, dating violence, sexual assault, or
stalking that is engaged in by a member of the
household of the tenant or any guest or other
person under the control of the tenant, if the
tenant or an affiliated individual of the
tenant is the victim or threatened victim of
such domestic violence, dating violence, sexual
assault, or stalking.
(B) Bifurcation.--
(i) In general.--Notwithstanding
subparagraph (A), a public housing
agency or owner or manager of housing
assisted under a covered housing
program may bifurcate a lease for the
housing in order to evict, remove, or
terminate assistance to any individual
who is a tenant or lawful occupant of
the housing and who engages in criminal
activity directly relating to domestic
violence, dating violence, sexual
assault, or stalking against an
affiliated individual or other
individual, without evicting, removing,
terminating assistance to, or otherwise
penalizing a victim of such criminal
activity who is also a tenant or lawful
occupant of the housing.
(ii) Effect of eviction on other
tenants.--If a public housing agency or
owner or manager of housing assisted
under a covered housing program evicts,
removes, or terminates assistance to an
individual under clause (i), and the
individual is the sole tenant eligible
to receive assistance under a covered
housing program, the public housing
agency or owner or manager of housing
assisted under the covered housing
program shall provide any remaining
tenant an opportunity to establish
eligibility for the covered housing
program. If a tenant described in the
preceding sentence cannot establish
eligibility, the public housing agency
or owner or manager of the housing
shall provide the tenant a reasonable
time, as determined by the appropriate
agency, to find new housing or to
establish eligibility for housing under
another covered housing program.
(C) Rules of construction.--Nothing in
subparagraph (A) shall be construed--
(i) to limit the authority of a
public housing agency or owner or
manager of housing assisted under a
covered housing program, when notified
of a court order, to comply with a
court order with respect to--
(I) the rights of access to
or control of property,
including civil protection
orders issued to protect a
victim of domestic violence,
dating violence, sexual
assault, or stalking; or
(II) the distribution or
possession of property among
members of a household in a
case;
(ii) to limit any otherwise
available authority of a public housing
agency or owner or manager of housing
assisted under a covered housing
program to evict or terminate
assistance to a tenant for any
violation of a lease not premised on
the act of violence in question against
the tenant or an affiliated person of
the tenant, if the public housing
agency or owner or manager does not
subject an individual who is or has
been a victim of domestic violence,
dating violence, sexual assault, or
stalking to a more demanding standard
than other tenants in determining
whether to evict or terminate;
(iii) to limit the authority to
terminate assistance to a tenant or
evict a tenant from housing assisted
under a covered housing program if a
public housing agency or owner or
manager of the housing can demonstrate
that an actual and imminent threat to
other tenants or individuals employed
at or providing service to the property
would be present if the assistance is
not terminated or the tenant is not
evicted; or
(iv) to supersede any provision of
any Federal, State, or local law that
provides greater protection than this
section for victims of domestic
violence, dating violence, sexual
assault, or stalking.
(c) Documentation.--
(1) Request for documentation.--If an applicant
for, or tenant of, housing assisted under a covered
housing program represents to a public housing agency
or owner or manager of the housing that the individual
is entitled to protection under subsection (b), the
public housing agency or owner or manager may request,
in writing, that the applicant or tenant submit to the
public housing agency or owner or manager a form of
documentation described in paragraph (3).
(2) Failure to provide certification.--
(A) In general.--If an applicant or tenant
does not provide the documentation requested
under paragraph (1) within 14 business days
after the tenant receives a request in writing
for such certification from a public housing
agency or owner or manager of housing assisted
under a covered housing program, nothing in
this chapter may be construed to limit the
authority of the public housing agency or owner
or manager to--
(i) deny admission by the applicant
or tenant to the covered program;
(ii) deny assistance under the
covered program to the applicant or
tenant;
(iii) terminate the participation
of the applicant or tenant in the
covered program; or
(iv) evict the applicant, the
tenant, or a lawful occupant that
commits violations of a lease.
(B) Extension.--A public housing agency or
owner or manager of housing may extend the 14-
day deadline under subparagraph (A) at its
discretion.
(3) Form of documentation.--A form of documentation
described in this paragraph is--
(A) a certification form approved by the
appropriate agency that--
(i) states that an applicant or
tenant is a victim of domestic
violence, dating violence, sexual
assault, or stalking;
(ii) states that the incident of
domestic violence, dating violence,
sexual assault, or stalking that is the
ground for protection under subsection
(b) meets the requirements under
subsection (b); and
(iii) includes the name of the
individual who committed the domestic
violence, dating violence, sexual
assault, or stalking, if the name is
known and safe to provide;
(B) a document that--
(i) is signed by--
(I) an employee, agent, or
volunteer of a victim service
provider, an attorney, a
medical professional, or a
mental health professional from
whom an applicant or tenant has
sought assistance relating to
domestic violence, dating
violence, sexual assault, or
stalking, or the effects of the
abuse; and
(II) the applicant or
tenant; and
(ii) states under penalty of
perjury that the individual described
in clause (i)(I) believes that the
incident of domestic violence, dating
violence, sexual assault, or stalking
that is the ground for protection under
subsection (b) meets the requirements
under subsection (b);
(C) a record of a Federal, State, tribal,
territorial, or local law enforcement agency,
court, or administrative agency; or
(D) at the discretion of a public housing
agency or owner or manager of housing assisted
under a covered housing program, a statement or
other evidence provided by an applicant or
tenant.
(4) Confidentiality.--Any information submitted to
a public housing agency or owner or manager under this
subsection, including the fact that an individual is a
victim of domestic violence, dating violence, sexual
assault, or stalking shall be maintained in confidence
by the public housing agency or owner or manager and
may not be entered into any shared database or
disclosed to any other entity or individual, except to
the extent that the disclosure is--
(A) requested or consented to by the
individual in writing;
(B) required for use in an eviction
proceeding under subsection (b); or
(C) otherwise required by applicable law.
(5) Documentation not required.--Nothing in this
subsection shall be construed to require a public
housing agency or owner or manager of housing assisted
under a covered housing program to request that an
individual submit documentation of the status of the
individual as a victim of domestic violence, dating
violence, sexual assault, or stalking.
(6) Compliance not sufficient to constitute
evidence of unreasonable act.--Compliance with
subsection (b) by a public housing agency or owner or
manager of housing assisted under a covered housing
program based on documentation received under this
subsection, shall not be sufficient to constitute
evidence of an unreasonable act or omission by the
public housing agency or owner or manager or an
employee or agent of the public housing agency or owner
or manager. Nothing in this paragraph shall be
construed to limit the liability of a public housing
agency or owner or manager of housing assisted under a
covered housing program for failure to comply with
subsection (b).
(7) Response to conflicting certification.--If a
public housing agency or owner or manager of housing
assisted under a covered housing program receives
documentation under this subsection that contains
conflicting information, the public housing agency or
owner or manager may require an applicant or tenant to
submit third-party documentation, as described in
subparagraph (B), (C), or (D) of paragraph (3).
(8) Preemption.--Nothing in this subsection shall
be construed to supersede any provision of any Federal,
State, or local law that provides greater protection
than this subsection for victims of domestic violence,
dating violence, sexual assault, or stalking.
(d) Notification.--
(1) Development.--The Secretary of Housing and
Urban Development shall develop a notice of the rights
of individuals under this section, including the right
to confidentiality and the limits thereof, and include
such notice in documents required by law to be provided
to tenants assisted under a covered housing program.
(2) Provision.--The applicable public housing
agency or owner or manager of housing assisted under a
covered housing program shall provide the notice
developed under paragraph (1) to an applicant for or
tenant of housing assisted under a covered housing
program--
(A) at the time the applicant is denied
residency in a dwelling unit assisted under the
covered housing program;
(B) at the time the individual is admitted
to a dwelling unit assisted under the covered
housing program; and
(C) in multiple languages, consistent with
guidance issued by the Secretary of Housing and
Urban Development in accordance with Executive
Order 13166 (42 U.S.C. 2000d-1 note; relating
to access to services for persons with limited
English proficiency).
(e) Emergency Relocation and Transfers.--Each appropriate
agency shall develop a model emergency relocation and transfer
plan for voluntary use by public housing agencies and owners or
managers of housing assisted under a covered housing program
that--
(1) allows tenants who are victims of domestic
violence, dating violence, sexual assault, or stalking
to relocate or transfer to another available and safe
dwelling unit assisted under a covered housing program
and retain their status as tenants under the covered
housing program if--
(A) the tenant expressly requests to move;
(B)(i) the tenant reasonably believes that
the tenant is threatened with imminent harm
from further violence if the tenant remains
within the same dwelling unit assisted under a
covered housing program; or
(ii) the sexual assault, domestic violence,
dating violence, or stalking occurred on the
premises during the 90-day period preceding the
request to move; and
(C) the tenant has provided documentation
as described in subparagraph (A), (B), (C) or
(D) of subsection (c)(3) if requested by a
public housing agency or owner or manager;
(2) incorporates reasonable confidentiality
measures to ensure that the public housing agency or
owner or manager does not disclose the location of the
dwelling unit of a tenant to a person that commits an
act of domestic violence, dating violence, sexual
assault, or stalking against the tenant;
(3) describes how the appropriate agency will
coordinate relocations or transfers between dwelling
units assisted under a covered housing program;
(4) takes into consideration the existing rules and
regulations of the covered housing program;
(5) is tailored to the specific type of the covered
housing program based on the volume and availability of
dwelling units under the control or management of the
public housing agency, owner, or manager; and
(6) provides guidance for use in situations in
which it is not feasible for an individual public
housing agency, owner, or manager to effectuate a
transfer.
(f) Policies and Procedures for Emergency Transfer.--The
Secretary of Housing and Urban Development shall establish
policies and procedures under which a victim requesting an
emergency transfer under subsection (e) may receive, subject to
the availability of tenant protection vouchers for assistance
under section 8(o)(16) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(16)), assistance under such section.
(g) Implementation.--The appropriate agency with respect to
each covered housing program shall implement this section, as
this section applies to the covered housing program.
Subtitle O--National Resource Center
SEC. 41501. GRANT FOR NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES
TO ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
(a) * * *
* * * * * * *
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000 for
each of [fiscal years 2007 through 2011] fiscal years 2013
through 2017.
* * * * * * *
Subtitle P--Sexual Assault Services
SEC. 41601. SEXUAL ASSAULT SERVICES PROGRAM.
(a) * * *
(b) Grants to States and Territories.--
(1) Grants authorized.--The Attorney General shall
award grants to States and territories to support the
establishment, maintenance, and expansion of rape
crisis centers and [other programs and projects to
assist those victimized by sexual assault.] other
nongovernmental or tribal programs and projects to
assist individuals who have been victimized by sexual
assault, without regard to the age of the individual.
(2) Allocation and use of funds.--
(A) * * *
(B) Grant funds.--Any funds received by a
State or territory under this subsection that
are not used for administrative costs shall be
used to provide grants to rape crisis centers
and other [nonprofit, nongovernmental
organizations for programs and activities]
nongovernmental or tribal programs and
activities within such State or territory that
provide direct intervention and related
assistance.
(C) Intervention and related assistance.--
Intervention and related assistance under
subparagraph (B) may include--
(i) * * *
* * * * * * *
(v) community-based,
[linguistically and] culturally
specific services and support
mechanisms, including outreach
activities for underserved communities;
and
* * * * * * *
(4) Minimum amount.--The Attorney General shall
allocate to each State and territory not less than
[1.50 percent] 0.75 percent of the total amount
appropriated in a fiscal year for grants under this
section[, except that the United States Virgin Islands,
American Samoa, Guam, the District of Columbia, Puerto
Rico, and the Commonwealth of the Northern Mariana
Islands shall each be allocated 0.125 percent of the
total appropriations]. The remaining funds shall be
allotted to each State and each territory in an amount
that bears the same ratio to such remaining funds as
the population of such State and such territory bears
to the population of all the States and the
territories. The District of Columbia shall be treated
as a territory for purposes of calculating its
allocation under [the preceding formula] this
paragraph.
* * * * * * *
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated [$50,000,000 to remain available until
expended for each of the fiscal years 2007 through
2011] $40,000,000 to remain available until expended
for each of fiscal years 2013 through 2017 to carry out
the provisions of this section.
* * * * * * *
----------
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
Part A--Office of Justice Programs
* * * * * * *
SEC. 109. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT.
(a) * * *
(b) Covered Programs.--The programs referred to in
subsection (a) are the following:
(1) * * *
* * * * * * *
(3) Any program or activity funded in whole or in
part with funds made available under the Violence
Against Women Act of 1994 (title IV of Public Law 103-
322; 108 Stat. 1902), the Violence Against Women Act of
2000 (division B of Public Law 106-386; 114 Stat.
1491), the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (title IX of Public
Law 109-162; 119 Stat. 3080), the Violence Against
Women Reauthorization Act of 2012, or any other program
or activity funded in whole or in part with funds
appropriated for grants, cooperative agreements, and
other assistance administered by the Office on Violence
Against Women.
[(3)] (4) Any other grant program carried out by
the Department of Justice that the Attorney General
considers appropriate.
* * * * * * *
Part J--Funding
AUTHORIZATION OF APPROPRIATIONS
Sec. 1001. (a)(1) * * *
* * * * * * *
(18) There is authorized to be appropriated to carry out
part T [$225,000,000 for each of fiscal years 2007 through
2011] $222,000,000 for each of fiscal years 2013 through 2017.
(19) There is authorized to be appropriated to carry out
part U [$75,000,000 for each of fiscal years 2007 through 2011]
$73,000,000 for each of fiscal years 2013 through 2017. Funds
appropriated under this paragraph shall remain available until
expended.[.]
* * * * * * *
Part T--Grants To Combat Violent Crimes Against Women
SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.
(a) * * *
(b) Purposes for Which Grants May Be Used.--Grants under
this part shall provide personnel, training, technical
assistance, data collection and other [equipment] resources for
the more widespread apprehension, prosecution, and adjudication
of persons committing violent crimes against women, for the
protection and safety of victims, and specifically, for the
purposes of--
(1) training law enforcement officers, judges,
other court personnel, and prosecutors to more
effectively identify and respond to violent crimes
against women, including the crimes of [sexual assault,
domestic violence, and dating violence] domestic
violence, dating violence, sexual assault, and
stalking;
(2) developing, training, or expanding units of law
enforcement officers, judges, other court personnel,
and prosecutors specifically targeting violent crimes
against women, including the crimes of [sexual assault
and domestic violence] domestic violence, dating
violence, sexual assault, and stalking;
(3) developing and implementing more effective
police, court, 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] domestic violence,
dating violence, sexual assault, and stalking, as well
as the appropriate treatment of victims;
(4) developing, installing, or expanding data
collection and communication systems, including
computerized systems, linking police, prosecutors, and
courts or for the purpose of identifying, classifying,
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] domestic
violence, dating violence, sexual assault, and
stalking;
(5) developing, enlarging, or strengthening victim
services and legal assistance programs, including
[sexual assault and domestic violence] domestic
violence, dating violence, sexual assault, and stalking
programs, developing or improving delivery of victim
services to underserved populations, 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,
domestic violence, and dating violence;] including
crimes of domestic violence, dating violence, sexual
assault, and stalking;
[(6) developing, enlarging, or strengthening
programs addressing stalking;]
[(7)] (6) 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] domestic violence, dating violence,
sexual assault, and stalking;
[(8)] (7) supporting formal and informal statewide,
multidisciplinary efforts, to the extent not supported
by State funds, to coordinate the response of State law
enforcement agencies, prosecutors, courts, victim
services agencies, and other State agencies and
departments, to violent crimes against women, including
the crimes of sexual assault, domestic violence, [and
dating violence] dating violence, and stalking;
[(9)] (8) training of sexual assault forensic
medical personnel examiners in the collection and
preservation of evidence, analysis, prevention, and
providing expert testimony and treatment of trauma
related to sexual assault;
[(10)] (9) developing, enlarging, or strengthening
programs to assist law enforcement, prosecutors,
courts, and others to address the needs and
circumstances of older and disabled women who are
victims of [domestic violence or sexual assault]
domestic violence, dating violence, sexual assault, or
stalking, including recognizing, investigating, and
prosecuting instances of [such violence or assault]
such violence, assault, or stalking and targeting
outreach and support, counseling, and other victim
services to such older and disabled individuals;
[(11)] (10) providing assistance to victims of
domestic violence and sexual assault in immigration
matters;
[(12)] (11) maintaining core victim services and
criminal justice initiatives, while supporting
complementary new initiatives and emergency services
for victims and their families;
[(13)] (12) supporting the placement of special
victim assistants (to be known as ``Jessica Gonzales
Victim Assistants'') in local law enforcement agencies
to serve as liaisons between victims of domestic
violence, dating violence, sexual assault, and stalking
and personnel in local law enforcement agencies in
order to improve the enforcement of protection orders.
Jessica Gonzales Victim Assistants shall have expertise
in domestic violence, dating violence, sexual assault,
or stalking and may undertake the following
activities--
(A) developing, in collaboration with
prosecutors, courts, and victim service
providers, standardized response policies for
local law enforcement agencies, including
[triage protocols to ensure that dangerous or
potentially lethal cases are identified and
prioritized] the use of evidence-based
indicators to assess the risk of domestic and
dating violence homicide and prioritize
dangerous or potentially lethal cases;
* * * * * * *
(D) taking other appropriate action to
assist or secure the safety of the person
seeking enforcement of a protection order;
[and]
[(14) to provide] (13) providing funding to law
enforcement agencies, [nonprofit nongovernmental]
victim services providers, and State, tribal,
territorial, and local governments[,] (which funding
stream shall be known as the Crystal Judson Domestic
Violence Protocol Program) to promote--
(A) * * *
(B) the implementation of protocols within
law enforcement agencies to ensure consistent
and effective responses to the commission of
domestic violence by personnel within such
agencies (such as the model policy promulgated
by the International Association of Chiefs of
Police (``Domestic Violence by Police Officers:
A Policy of the IACP, Police Response to
Violence Against Women Project'' July 2003));
and
(C) the development of such protocols in
collaboration with State, tribal, territorial
and local victim service providers and domestic
violence coalitions[.];
(14) developing and promoting State, local, or
tribal legislation and policies that enhance best
practices for responding to domestic violence, dating
violence, sexual assault, and stalking;
(15) developing, implementing, or enhancing Sexual
Assault Response Teams, or other similar coordinated
community responses to sexual assault;
(16) developing and strengthening policies,
protocols, best practices, and training for law
enforcement agencies and prosecutors relating to the
investigation and prosecution of sexual assault cases
and the appropriate treatment of victims;
(17) developing, enlarging, or strengthening
programs addressing sexual assault against men, women,
and youth in correctional and detention settings;
(18) identifying and conducting inventories of
backlogs of sexual assault evidence collection kits and
developing protocols and policies for responding to and
addressing such backlogs, including protocols and
policies for notifying and involving victims; and
(19) with not more than 5 percent of the total
amount allocated to a State for this part, developing,
enhancing, or strengthening prevention and educational
programming to address domestic violence, dating
violence, sexual assault, or stalking.
Any law enforcement, State, tribal, territorial, or local
government agency receiving funding under the Crystal Judson
Domestic Violence Protocol Program under [paragraph (14)]
paragraph (13) shall on an annual basis, receive additional
training on the topic of incidents of domestic violence
committed by law enforcement personnel from domestic violence
and sexual assault nonprofit organizations and, after a period
of 2 years, provide a report of the adopted protocol to the
Department of Justice, including a summary of progress in
implementing such protocol.
* * * * * * *
(d) Tribal Coalition Grants.--
(1) Purpose.--The Attorney General shall award
grants to tribal domestic violence and sexual assault
coalitions for purposes of--
(A) * * *
(B) enhancing the response to violence
against American Indian and Alaska Native women
at the tribal, Federal, and State levels; [and]
(C) identifying and providing technical
assistance to coalition membership and tribal
communities to enhance access to essential
services to American Indian women victimized by
domestic and sexual violence[.]; and
(D) developing and promoting State, local,
or tribal legislation and policies that enhance
best practices for responding to violent crimes
against Indian women, including the crimes of
domestic violence, dating violence, sexual
assault, stalking, and sex trafficking.
(2) Grants to tribal coalitions.--The Attorney
General shall award grants under paragraph (1) to--
(A) * * *
(B) [individuals or] organizations that
propose to incorporate as nonprofit,
nongovernmental tribal coalitions to address
domestic violence and sexual assault against
American Indian and Alaska Native women.
* * * * * * *
SEC. 2007. STATE GRANTS.
(a) General Grants.--The Attorney General may make grants
to States, for use by States, State and local courts (including
juvenile courts), units of local government, [nonprofit
nongovernmental victim services programs] victim service
providers, 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) * * *
* * * * * * *
(6) 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) * * *
[(2) grantees and subgrantees shall develop a plan
for implementation and shall consult and coordinate
with nonprofit, nongovernmental victim services
programs, including sexual assault and domestic
violence victim services programs and describe how the
State will address the needs of underserved
populations;]
(2) grantees and subgrantees shall develop a plan
for implementation and may consult and coordinate
with--
(A) the State sexual assault coalition;
(B) the State domestic violence coalition;
(C) the law enforcement entities within the
State;
(D) prosecution offices;
(E) State and local courts;
(F) tribal governments or tribal coalitions
in those States with State or federally
recognized Indian tribes;
(G) representatives from underserved
populations;
(H) victim service providers;
(I) population specific organizations; and
(J) other entities that the State or the
Attorney General identifies as necessary for
the planning process;
(3) grantees shall coordinate the State
implementation plan described in paragraph (2) with the
State plans described in section 307 of the Family
Violence Prevention and Services Act (42 U.S.C. 10407)
and the plans described in the Victims of Crime Act of
1984 (42 U.S.C. 10601 et seq.) and section 393A of the
Public Health Service Act (42 U.S.C. 280b-1b); and
[(3)] (4) of the amount granted--
(A) not less than 25 percent shall be
allocated for law enforcement [and not less
than 25 percent shall be allocated for
prosecutors];
(B) not less than 25 percent shall be
allocated for prosecutors;
(C) for each fiscal year beginning on or
after the date that is 2 years after the date
of enactment of the Violence Against Women
Reauthorization Act of 2012, not less than 20
percent shall be allocated for programs or
projects that meaningfully address sexual
assault, including stranger rape, acquaintance
rape, alcohol or drug-facilitated rape, and
rape within the context of an intimate partner
relationship;
[(B)] (D) not less than 30 percent shall be
allocated for victims services of which at
least 10 percent shall be distributed to
[culturally specific community-based]
population specific organizations; and
[(C)] (E) not less than 5 percent shall be
allocated for State and local courts (including
juvenile courts)[; 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 submitted by a
State 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). In addition, each application submitted by a
State or tribal government shall include--
[(1) documentation from the prosecution, law
enforcement, court, 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 2010; and
[(3) proof of compliance with the requirements for
paying filing and service fees for domestic violence
cases provided in section 2011; and
[(4) documentation showing that tribal,
territorial, State or local prosecution, law
enforcement, and courts have consulted with tribal,
territorial, State, or local victim service programs
during the course of developing their grant
applications in order to ensure that proposed services,
activities and equipment acquisitions are designed to
promote the safety, confidentiality, and economic
independence of victims of domestic violence, sexual
assault, stalking, and dating violence.]
(d) Application Requirements.--An application for a grant
under this part shall include--
(1) the certifications of qualification required
under subsection (c);
(2) proof of compliance with the requirements for
the payment of forensic medical exams and judicial
notification, described in section 2010;
(3) proof of compliance with the requirements for
paying fees and costs relating to domestic violence and
protection order cases described in section 2011;
(4) proof of compliance with the requirements
prohibiting polygraph examinations of victims of sexual
assault described in section 2013;
(5) an implementation plan required under
subsection (i); and
(6) any other documentation that the Attorney
General may require.
(e) Disbursement.--
(1) * * *
(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] domestic
violence, dating violence, sexual assault, and
stalking 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;
* * * * * * *
(D) recognize and meaningfully respond to
the needs of underserved populations and ensure
that monies set aside to fund [linguistically
and culturally] population specific services
and activities for underserved populations are
distributed equitably among those populations.
(3) Conditions.--In disbursing grants under this
part, the Attorney General may impose reasonable
conditions on grant awards disbursed after the date of
enactment of the Violence Against Women Reauthorization
Act of 2012 to ensure that the States meet statutory,
regulatory, and other programs requirements.
(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[.], except
that, for purposes of this subsection, the costs of the
projects for victim services or tribes for which there is an
exemption under section 40002(b)(1) of the Violence Against
Women Act of 1994 (42 U.S.C. 13925(b)(1)) shall not count
toward the total costs of the projects.
* * * * * * *
(i) Implementation Plans.--A State applying for a grant
under this part shall--
(1) develop an implementation plan in consultation
with representatives of the entities listed in
subsection (c)(2), that identifies how the State will
use the funds awarded under this part; and
(2) submit to the Attorney General as part of the
application submitted in accordance with subsection
(d)--
(A) the implementation plan developed under
paragraph (1);
(B) documentation from each member of the
planning committee with respect to the member's
participation in the planning process;
(C) documentation from the prosecution, law
enforcement, court, and victim services
programs to be assisted, describing--
(i) the need for the grant funds;
(ii) the intended use of the grant
funds;
(iii) the expected result of the
grant funds; and
(iv) the demographic
characteristics of the populations to
be served, including age, disability,
race, ethnicity, and language
background;
(D) a description of how the State will
ensure that any subgrantees will consult with
victim service providers during the course of
developing their grant applications to ensure
that the proposed activities are designed to
promote the safety, confidentiality, and
economic independence of victims;
(E) demographic data on the distribution of
underserved populations within the State and a
description of how the State will meet the
needs of underserved populations, including the
minimum allocation for population specific
services required under subsection (c)(4)(C);
(F) a description of how the State plans to
meet the requirements pursuant to regulations
issued under subsection (e)(2);
(G) goals and objectives for reducing
domestic and dating violence-related homicides
within the State; and
(H) any other information requested by the
Attorney General.
(j) Reallocation of Funds.--A State may use any returned or
remaining funds for any authorized purpose under this part if--
(1) funds from a subgrant awarded under this part
are returned to the State; or
(2) the State does not receive sufficient eligible
applications to award the full funding within the
allocations under subsection (c)(4).
* * * * * * *
SEC. 2010. 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 full out-of-
pocket cost of forensic medical exams described in
subsection (b) for victims of sexual assault.]
(1) In general.--A State, Indian tribal government,
or unit of local government shall not be entitled to
funds under this subchapter unless the State, Indian
tribal government, unit of local government, or another
governmental entity--
(A) incurs the full out-of-pocket cost of
forensic medical exams described in subsection
(b) for victims of sexual assault; and
(B) coordinates with health care providers
in the region to notify victims of sexual
assault of the availability of rape exams at no
cost to the victims.
* * * * * * *
(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; or
(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.]
(c) Use of Funds.--A State or Indian tribal government may
use Federal grant funds under this part to pay for forensic
medical exams performed by trained examiners for victims of
sexual assault[, except that such funds may not be used to pay
for forensic medical exams by any State, Indian tribal
government, or territorial government that requires victims of
sexual assault to seek reimbursement for such exams from their
insurance carriers.].
[(d) Rule of Construction.--(1) In general.--in this
section shall be construed to permit a State, Indian tribal
government, or territorial government to require a victim of
sexual assault to participate in the criminal justice system or
cooperate with law enforcement in order to be provided with a
forensic medical exam, reimbursement for charges incurred on
account of such an exam, or both.
[(2) Compliance period.--States, territories, and
Indian tribal governments shall have 3 years from the
date of enactment of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 to
come into compliance with this subsection.]
(d) Noncooperation.--
(1) In general.--To be in compliance with this
section, a State, Indian tribal government, or unit of
local government shall comply with subsection (b)
without regard to whether the victim participates in
the criminal justice system or cooperates with law
enforcement.
(2) Compliance period.--States, territories, and
Indian tribal governments shall have 3 years from the
date of enactment of the Violence Against Women
Reauthorization Act of 2012 to come into compliance
with this subsection.
* * * * * * *
SEC. 2011. COSTS FOR CRIMINAL CHARGES AND PROTECTION ORDERS.
(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, or in connection with the filing,
issuance, registration, modification, enforcement,
dismissal, or service of a protection order, or a
petition for a protection order, to protect a victim of
[domestic violence, stalking, or sexual assault]
domestic violence, dating violence, sexual assault, or
stalking, that the victim bear the costs associated
with the filing of criminal charges against the
offender, or the costs associated with the filing,
issuance, registration, modification, enforcement,
dismissal, or service of a warrant, protection order,
petition for a protection order, or witness subpoena,
whether issued inside or outside the State, tribal, or
local jurisdiction; or
* * * * * * *
SEC. 2015. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
(a) Grants.--The Attorney General may make grants to Indian
tribal governments or authorized designees of Indian tribal
governments to--
(1) * * *
(2) increase tribal capacity to respond to domestic
violence, dating violence, sexual assault, sex
trafficking, and stalking crimes against Indian women;
* * * * * * *
(4) enhance services to Indian women victimized by
domestic violence, dating violence, sexual assault, sex
trafficking, and stalking;
(5) work in cooperation with the community to
develop education and prevention strategies directed
toward issues of domestic violence, dating violence,
[and stalking programs and to address the needs of
children exposed to domestic violence;] sexual assault,
sex trafficking, and stalking;
* * * * * * *
(7) provide transitional housing for victims of
domestic violence, dating violence, sexual assault, sex
trafficking, or stalking, including rental or utilities
payments assistance and assistance with related
expenses such as security deposits and other costs
incidental to relocation to transitional housing, and
support services to enable a victim of domestic
violence, dating violence, sexual assault, sex
trafficking, or stalking to locate and secure permanent
housing and integrate into a community; [and]
(8) provide legal assistance necessary to provide
effective aid to victims of domestic violence, dating
violence, stalking, sex trafficking, or sexual assault
who are seeking relief in legal matters arising as a
consequence of that abuse or violence, at minimal or no
cost to the victims[.];
(9) provide services to address the needs of youth
who are victims of domestic violence, dating violence,
sexual assault, sex trafficking, or stalking and the
needs of children exposed to domestic violence, dating
violence, sexual assault, or stalking, including
support for the nonabusing parent or the caretaker of
the child; and
(10) develop and promote legislation and policies
that enhance best practices for responding to violent
crimes against Indian women, including the crimes of
domestic violence, dating violence, sexual assault, sex
trafficking, and stalking.
* * * * * * *
PART U--GRANTS TO ENCOURAGE ARREST POLICIES
SEC. 2101. GRANTS.
(a) * * *
(b) Grant Authority.--The Attorney General may make grants
to eligible [States, Indian tribal governments, State, tribal,
territorial, and local courts (including juvenile courts), or
units of local government] grantees for the following purposes:
(1) To implement proarrest programs and policies in
police departments, including policies for protection
order violations and enforcement of protection orders
across State and tribal lines.
(2) To develop policies, educational programs,
protection order registries, [and training in police
departments to improve tracking of cases] data
collection systems, and training in police departments
to improve tracking of cases and classification of
complaints involving domestic violence, dating
violence, sexual assault, and stalking. Policies,
educational programs, protection order registries, and
training described in this paragraph shall incorporate
confidentiality, and privacy protections for victims of
domestic violence, dating violence, sexual assault, and
stalking.
* * * * * * *
(4) To coordinate computer tracking systems and
provide the appropriate training and education about
domestic violence, dating violence, sexual assault, and
stalking to ensure communication between police,
prosecutors, parole and probation officers, and both
criminal and family courts.
(5) To strengthen legal advocacy service programs
and other victim services for victims of domestic
violence, dating violence, sexual assault, and
stalking, including strengthening assistance to such
victims in immigration matters.
(6) To educate [judges] Federal, State, tribal,
territorial, and local judges, and court-based and
court-related personnel in criminal and civil courts
(including juvenile courts) about domestic violence,
dating violence, sexual assault, and stalking and to
improve judicial handling of such cases.
* * * * * * *
(8) To develop or strengthen policies and training
for police, prosecutors, and the judiciary in
recognizing, investigating, and prosecuting instances
of domestic violence [and sexual assault], dating
violence, sexual assault, and stalking against older
individuals (as defined in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002)) and individuals
with disabilities (as defined in section 3(2) of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12102(2))).
* * * * * * *
(10) To plan, develop and establish comprehensive
victim service and support centers, such as family
justice centers, designed to bring together victim
advocates from [non-profit, non-governmental victim
services organizations,] victim service providers,
population specific organizations, law enforcement
officers, prosecutors, probation officers, governmental
victim assistants, forensic medical professionals,
civil legal attorneys, chaplains, legal advocates,
representatives from community-based organizations and
other relevant public or private agencies or
organizations into one centralized location, in order
to improve safety, access to services, and
confidentiality for victims and families. Although
funds may be used to support the colocation of project
partners under this paragraph, funds may not support
construction or major renovation expenses or activities
that fall outside of the scope of the other statutory
purpose areas.
* * * * * * *
(14) To develop and implement training programs for
prosecutors and other prosecution-related personnel
regarding best practices to ensure offender
accountability, victim safety, and victim consultation
in cases involving domestic violence, dating violence,
sexual assault, and stalking.
(15) To develop or strengthen policies, protocols,
and training for law enforcement officers, prosecutors,
and the judiciary in recognizing, investigating, and
prosecuting instances of domestic violence, dating
violence, sexual assault, and stalking.
(16) To develop and promote State, local, or tribal
legislation and policies that enhance best practices
for responding to the crimes of domestic violence,
dating violence, sexual assault, and stalking,
including the appropriate treatment of victims.
(17) To develop, implement, or enhance sexual
assault nurse examiner programs or sexual assault
forensic examiner programs, including the hiring and
training of such examiners.
(18) To develop, implement, or enhance Sexual
Assault Response Teams or similar coordinated community
responses to sexual assault.
(19) To develop and strengthen policies, protocols,
and training for law enforcement officers and
prosecutors regarding the investigation and prosecution
of sexual assault cases and the appropriate treatment
of victims of sexual assault.
(20) To provide the following human
immunodeficiency virus services for victims of sexual
assault:
(A) Testing.
(B) Counseling.
(C) Prophylaxis.
(21) To identify and inventory backlogs of sexual
assault evidence collection kits and to develop
protocols for responding to and addressing such
backlogs, including policies and protocols for
notifying and involving victims.
(22) To develop multidisciplinary high-risk teams
focusing on reducing domestic violence and dating
violence homicides by--
(A) using evidence-based indicators to
assess the risk of homicide and link high-risk
victims to immediate crisis intervention
services;
(B) identifying and managing high-risk
offenders; and
(C) providing ongoing victim advocacy and
referrals to comprehensive services including
legal, housing, health care, and economic
assistance.
(c) Eligibility.--Eligible [grantees are States] grantees
are--
(1) States, Indian tribal governments State and
local courts (including juvenile courts),[,] or units
of local government that--
[(1)] (A) except for a court, certify that their
laws or official policies--
[(A)] (i) encourage or mandate arrests of
domestic violence offenders based on probable
cause that an offense has been committed; and
[(B)] (ii) encourage or mandate arrest of
domestic violence offenders who violate the
terms of a valid and outstanding protection
order;
[(2)] (B) except for a court, demonstrate that
their laws, policies, or practices and their training
programs discourage dual arrests of offender and
victim;
[(3)] (C) 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 findings of
fact indicating that both spouses acted primarily as
aggressors and that neither spouse acted primarily in
self-defense;
[(4)] (D) certify that their laws, policies, and
practices do not require, in connection with the
prosecution of any misdemeanor or felony domestic
violence offense, or in connection with the filing,
issuance, registration, modification, enforcement,
dismissal, or service of a protection order, or a
petition for a protection order, to protect a victim of
domestic violence, dating violence, stalking, or sexual
assault, that the victim bear the costs associated with
the filing of criminal charges against the offender, or
the costs associated with the filing, issuance,
registration, modification, enforcement, dismissal, or
service of a warrant, protection order, petition for a
protection order, or witness subpoena, whether issued
inside or outside the State, tribal, or local
jurisdiction; [and]
[(5)] (E) certify that[, not later than 3 years
after the date of enactment of this section,] their
laws, policies, or practices will ensure that--
[(A)] (i) no law enforcement officer,
prosecuting officer or other government
official shall ask or require an adult, youth,
or child victim of a sex offense as defined
under Federal, tribal, State, territorial, or
local law to submit to a polygraph examination
or other truth telling device as a condition
for proceeding with the investigation of such
an offense; and
[(B)] (ii) the refusal of a victim to
submit to an examination described in
[subparagraph (A)] clause (i) shall not prevent
the investigation of the offense[.]; and
(2) a State, tribal, or territorial domestic
violence or sexual assault coalition or a victim
service provider that partners with a State, Indian
tribal government, or unit of local government that
certifies that the State, Indian tribal government, or
unit of local government meets the requirements under
paragraph (1).
(d) Speedy Notice to Victims.--A State or unit of local
government shall not be entitled to 5 percent of the funds
allocated under this part unless the State or unit of local
government--
(1) certifies that it has a law, policy, or
regulation that requires--
(A) the State or unit of local government
at the request of a victim to administer to a
defendant, against whom an information or
indictment is presented for a crime in which by
force or threat of force the perpetrator
compels the victim to engage in sexual
activity, testing for the immunodeficiency
virus (HIV) not later than 48 hours after the
date on which the information or indictment is
presented and the defendant is in custody or
has been served with the information or
indictment;
* * * * * * *
(2) gives the Attorney General assurances that [it]
its laws and regulations will be in compliance with
requirements of paragraph (1) within the later of--
(A) * * *
* * * * * * *
(f) Allocation for Tribal Coalitions.--Of the amounts
appropriated for purposes of this part for each fiscal year,
not less than 5 percent shall be available for grants under
section 2001(d) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg(d)).
(g) Allocation for Sexual Assault.--Of the amounts
appropriated for purposes of this part for each fiscal year,
not less than 25 percent shall be available for projects that
address sexual assault, including stranger rape, acquaintance
rape, alcohol or drug-facilitated rape, and rape within the
context of an intimate partner relationship.
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, court,
or local government entity that the conditions of
section 2101(c) are met or will be met within the later
of--
(A) * * *
* * * * * * *
(4) includes documentation from [nonprofit, private
sexual assault and domestic violence programs] victim
service providers and, as appropriate, population
specific organizations demonstrating their
participation in developing the application, and
identifying such programs in which such groups will be
consulted for development and implementation.
* * * * * * *
PART LL--NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY
SEC. 3021. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.
(a) Authority to Establish and Operate Center.--
(1) In general.--The Director of the Office of
Community Oriented Policing Services is authorized to
establish and operate a National Center for Campus
Public Safety (referred to in this section as the
``Center'').
(2) Grant authority.--The Director of the Office of
Community Oriented Policing Services is authorized to
award grants to institutions of higher education and
other nonprofit organizations to assist in carrying out
the functions of the Center required under subsection
(b).
(b) Functions of the Center.--The center shall--
(1) provide quality education and training for
campus public safety agencies of institutions of higher
education and the agencies' collaborative partners,
including campus mental health agencies;
(2) foster quality research to strengthen the
safety and security of institutions of higher
education;
(3) serve as a clearinghouse for the identification
and dissemination of information, policies, procedures,
and best practices relevant to campus public safety,
including off-campus housing safety, the prevention of
violence against persons and property, and emergency
response and evacuation procedures;
(4) develop protocols, in conjunction with the
Attorney General, the Secretary of Homeland Security,
the Secretary of Education, State, local, and tribal
governments and law enforcement agencies, private and
nonprofit organizations and associations, and other
stakeholders, to prevent, protect against, respond to,
and recover from, natural and man-made emergencies or
dangerous situations involving an immediate threat to
the health or safety of the campus community;
(5) promote the development and dissemination of
effective behavioral threat assessment and management
models to prevent campus violence;
(6) coordinate campus safety information (including
ways to increase off-campus housing safety) and
resources available from the Department of Justice, the
Department of Homeland Security, the Department of
Education, State, local, and tribal governments and law
enforcement agencies, and private and nonprofit
organizations and associations;
(7) increase cooperation, collaboration, and
consistency in prevention, response, and problem-
solving methods among law enforcement, mental health,
and other agencies and jurisdictions serving
institutions of higher education;
(8) develop standardized formats and models for
mutual aid agreements and memoranda of understanding
between campus security agencies and other public
safety organizations and mental health agencies; and
(9) report annually to Congress and the Attorney
General on activities performed by the Center during
the previous 12 months.
(c) Coordination With Available Resources.--In establishing
the Center, the Director of the Office of Community Oriented
Policing Services shall--
(1) consult with the Secretary of Homeland
Security, the Secretary of Education, and the Attorney
General of each State; and
(2) coordinate the establishment and operation of
the Center with campus public safety resources that may
be available within the Department of Homeland Security
and the Department of Education.
(d) Definition of Institution of Higher Education.--In this
section, the term ``institution of higher education'' has the
meaning given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
* * * * * * *
----------
SECTION 1201 OF THE VIOLENCE AGAINST WOMEN ACT OF 2000
SEC. 1201. LEGAL ASSISTANCE FOR VICTIMS.
(a) In General.--The purpose of this section is to enable
the Attorney General to award grants to increase the
availability of civil and criminal legal assistance necessary
to provide effective aid to adult and youth victims of domestic
violence, dating violence, stalking, or sexual assault who are
seeking relief in legal matters [arising as a consequence of]
relating to or arising out of that abuse or violence, at
minimal or no cost to the victims. Criminal legal assistance
provided for under this section shall be limited to criminal
matters relating to or arising out of domestic violence, sexual
assault, dating violence, and stalking.
(b) Definitions and Grant Conditions.--In this section, the
definitions and grant conditions provided in section 40002 of
the Violence Against Women Act of 1994 shall apply.
(c) Legal Assistance for Victims Grants.--The Attorney
General may award grants under this subsection to private
nonprofit entities, Indian tribal governments and tribal
organizations, territorial organizations, and publicly funded
organizations not acting in a governmental capacity such as law
schools, and which shall be used--
(1) to implement, expand, and establish cooperative
efforts and projects between domestic violence, dating
violence, and sexual assault [victim services
organizations] victim service providers and legal
assistance providers to provide legal assistance for
victims of domestic violence, dating violence,
stalking, and sexual assault;
* * * * * * *
[(3) to provide training, technical assistance, and
data collection to improve the capacity of grantees and
other entities to offer legal assistance to victims of
domestic violence, dating violence, stalking, and
sexual assault.]
(3) to implement, expand, and establish efforts and
projects to provide competent, supervised pro bono
legal assistance for victims of domestic violence,
dating violence, sexual assault, or stalking.
(d) Eligibility.--To be eligible for a grant under
subsection (c), applicants shall certify in writing that--
(1) any person providing legal assistance through a
program funded under [subsection (c) has completed or
will complete training in connection with domestic
violence, dating violence, or sexual assault and
related legal issues;] this section--
(A) has demonstrated expertise in providing
legal assistance or advocacy to victims of
domestic violence, dating violence, sexual
assault, or stalking in the targeted
population; or
(B)(i) is partnered with an entity or
person that has demonstrated expertise
described in subparagraph (A); and
(ii) has completed, or will complete,
training in connection with domestic violence,
dating violence, stalking, or sexual assault
and related legal issues, including training on
evidence-based risk factors for domestic and
dating violence homicide;
(2) any training program conducted in satisfaction
of the requirement of paragraph (1) has been or will be
developed with input from and in collaboration with a
tribal, State, territorial, or local domestic violence,
dating violence, sexual assault or [stalking
organization] stalking victim service provider or
coalition, as well as appropriate tribal, State,
territorial, and local law enforcement officials;
* * * * * * *
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out [this section $65,000,000 for
each of fiscal years 2007 through 2011.] this section
$57,000,000 for each of fiscal years 2013 through 2017.
(2) Allocation of funds.--
(A) * * *
* * * * * * *
(D) Of the amount made available under this
subsection in each fiscal year, not more than
10 percent may be used for purposes described
in subsection (c)(3).
* * * * * * *
----------
VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000
* * * * * * *
DIVISION B--VIOLENCE AGAINST WOMEN ACT OF 2000
* * * * * * *
TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN
[SEC. 10402. SAFE HAVENS FOR CHILDREN.
[(a) In General.--The Attorney General, through the
Director of the Office on Violence Against Women, may award
grants to States, units of local government, and Indian tribal
governments that propose to enter into or expand the scope of
existing contracts and cooperative agreements with public or
private nonprofit entities
[(1) to provide supervised visitation and safe
visitation exchange of children by and between parents
in situations involving domestic violence, dating
violence, child abuse, sexual assault, or stalking;
[(2) to protect children from the trauma of
witnessing domestic or dating violence or experiencing
abduction, injury, or death during parent and child
visitation exchanges;
[(3) to protect parents or caretakers who are
victims of domestic and dating violence from
experiencing further violence, abuse, and threats
during child visitation exchanges; and
[(4) to protect children from the trauma of
experiencing sexual assault or other forms of physical
assault or abuse during parent and child visitation and
visitation exchanges.
[(b) Considerations.--In awarding grants under subsection
(a), the Attorney General shall take into account--
[(1) the number of families to be served by the
proposed visitation programs and services;
[(2) the extent to which the proposed supervised
visitation programs and services serve underserved
populations (as defined in section 2003 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg-2));
[(3) with respect to an applicant for a contract or
cooperative agreement, the extent to which the
applicant demonstrates cooperation and collaboration
with nonprofit, nongovernmental entities in the local
community served, including the State or tribal
domestic violence coalition, State or tribal sexual
assault coalition, local shelters, and programs for
domestic violence and sexual assault victims; and
[(4) the extent to which the applicant demonstrates
coordination and collaboration with State and local
court systems, including mechanisms for communication
and referral.
[(c) Applicant Requirements.--The Attorney General shall
award grants for contracts and cooperative agreements to
applicants that--
[(1) demonstrate expertise in the area of family
violence, including the areas of domestic violence or
sexual assault, as appropriate;
[(2) ensure that any fees charged to individuals
for use of programs and services are based on the
income of those individuals, unless otherwise provided
by court order;
[(3) demonstrate that adequate security measures,
including adequate facilities, procedures, and
personnel capable of preventing violence, are in place
for the operation of supervised visitation programs and
services or safe visitation exchange; and
[(4) prescribe standards by which the supervised
visitation or safe visitation exchange will occur.
[(d) Reporting.--
[(1) In general.--Not later than 1 month after the
end of each even-numbered fiscal year, the Attorney
General shall submit to Congress a report that includes
information concerning--
[(A) the number of--
[(i) individuals served and the
number of individuals turned away from
visitation programs and services and
safe visitation exchange (categorized
by State);
[(ii) the number of individuals
from underserved populations served and
turned away from services; and
[(iii) the type of problems that
underlie the need for supervised
visitation or safe visitation exchange,
such as domestic violence, child abuse,
sexual assault, other physical abuse,
or a combination of such factors;
[(B) the numbers of supervised visitations
or safe visitation exchanges ordered under this
section during custody determinations under a
separation or divorce decree or protection
order, through child protection services or
other social services agencies, or by any other
order of a civil, criminal, juvenile, or family
court;
[(C) the process by which children or
abused partners are protected during
visitations, temporary custody transfers, and
other activities for which supervised
visitation is established under this section;
[(D) safety and security problems occurring
during the reporting period during supervised
visitation under this section, including the
number of parental abduction cases; and
[(E) the number of parental abduction cases
in a judicial district using supervised
visitation programs and services under this
section, both as identified in criminal
prosecution and custody violations.
[(2) Guidelines.--The Attorney General shall
establish guidelines for the collection and reporting
of data under this subsection.
[(e) Authorization of Appropriations.--
[(1) In general.--There is authorized to be
appropriated to carry out this section, $20,000,000 for
each of fiscal years 2007 through 2011. Funds
appropriated under this section shall remain available
until expended.
[(2) Use of funds.--Of the amounts appropriated to
carry out this section for each fiscal year, the
Attorney General shall--
[(A) use not more than 3 percent for
evaluation, monitoring, site visits, grantee
conferences, and other administrative costs
associated with conducting activities under
this section; and
[(B) set aside not more than 8 percent for
technical assistance and training to be
provided by organizations having nationally
recognized expertise in the design of safe and
secure supervised visitation programs and
visitation exchange of children in situations
involving domestic violence, dating violence,
sexual assault, or stalking.
[(f) Allotment for Indian Tribes.--
[(1) In general.--Not less than 10 percent of the
total amount available under this section for each
fiscal year shall be available for grants under the
program authorized by section 2015 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
10).
[(2) Applicability of part.--The requirements of
this section shall not apply to funds allocated for the
program described in paragraph (1).]
SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION IMPROVEMENTS.
(a) In General.--The Attorney General may make grants to
States, units of local government, courts (including juvenile
courts), Indian tribal governments, nonprofit organizations,
legal services providers, and victim services providers to
improve the response of all aspects of the civil and criminal
justice system to families with a history of domestic violence,
dating violence, sexual assault, or stalking, or in cases
involving allegations of child sexual abuse.
(b) Use of Funds.--A grant under this section may be used
to--
(1) provide supervised visitation and safe
visitation exchange of children and youth by and
between parents in situations involving domestic
violence, dating violence, child sexual abuse, sexual
assault, or stalking;
(2) develop and promote State, local, and tribal
legislation, policies, and best practices for improving
civil and criminal court functions, responses,
practices, and procedures in cases involving a history
of domestic violence or sexual assault, or in cases
involving allegations of child sexual abuse, including
cases in which the victim proceeds pro se;
(3) educate court-based and court-related personnel
(including custody evaluators and guardians ad litem)
and child protective services workers on the dynamics
of domestic violence, dating violence, sexual assault,
and stalking, including information on perpetrator
behavior, evidence-based risk factors for domestic and
dating violence homicide, and on issues relating to the
needs of victims, including safety, security, privacy,
and confidentiality, including cases in which the
victim proceeds pro se;
(4) provide adequate resources in juvenile court
matters to respond to domestic violence, dating
violence, sexual assault (including child sexual
abuse), and stalking and ensure necessary services
dealing with the physical health and mental health of
victims are available;
(5) enable courts or court-based or court-related
programs to develop or enhance--
(A) court infrastructure (such as
specialized courts, consolidated courts,
dockets, intake centers, or interpreter
services);
(B) community-based initiatives within the
court system (such as court watch programs,
victim assistants, pro se victim assistance
programs, or community-based supplementary
services);
(C) offender management, monitoring, and
accountability programs;
(D) safe and confidential information-
storage and information-sharing databases
within and between court systems;
(E) education and outreach programs to
improve community access, including enhanced
access for underserved populations; and
(F) other projects likely to improve court
responses to domestic violence, dating
violence, sexual assault, and stalking;
(6) collect data and provide training and technical
assistance, including developing State, local, and
tribal model codes and policies, to improve the
capacity of grantees and communities to address the
civil justice needs of victims of domestic violence,
dating violence, sexual assault, and stalking who have
legal representation, who are proceeding pro se, or who
are proceeding with the assistance of a legal advocate;
and
(7) improve training and education to assist
judges, judicial personnel, attorneys, child welfare
personnel, and legal advocates in the civil justice
system regarding domestic violence, dating violence,
sexual assault, stalking, or child abuse.
(c) Considerations.--
(1) In general.--In making grants for purposes
described in paragraphs (1) through (6) of subsection
(b), the Attorney General shall consider--
(A) the number of families to be served by
the proposed programs and services;
(B) the extent to which the proposed
programs and services serve underserved
populations;
(C) the extent to which the applicant
demonstrates cooperation and collaboration with
nonprofit, nongovernmental entities in the
local community with demonstrated histories of
effective work on domestic violence, dating
violence, sexual assault, or stalking,
including State or tribal domestic violence
coalitions, State or tribal sexual assault
coalitions, local shelters, and programs for
domestic violence and sexual assault victims;
and
(D) the extent to which the applicant
demonstrates coordination and collaboration
with State, tribal, and local court systems,
including mechanisms for communication and
referral.
(2) Other grants.--In making grants under
subsection (b)(8) the Attorney General shall take into
account the extent to which the grantee has expertise
addressing the judicial system's handling of family
violence, child custody, child abuse and neglect,
adoption, foster care, supervised visitation, divorce,
and parentage.
(d) Applicant Requirements.--The Attorney General may make
a grant under this section to an applicant that--
(1) demonstrates expertise in the areas of domestic
violence, dating violence, sexual assault, stalking, or
child sexual abuse, as appropriate;
(2) ensures that any fees charged to individuals
for use of supervised visitation programs and services
are based on the income of those individuals, unless
otherwise provided by court order;
(3) if the applicant proposes to operate supervised
visitation programs and services or safe visitation
exchange, demonstrates that adequate security measures,
including adequate facilities, procedures, and
personnel capable of preventing violence, and adequate
standards are, or will be, in place (including the
development of protocols or policies to ensure that
confidential information is not shared with courts, law
enforcement agencies, or child welfare agencies unless
necessary to ensure the safety of any child or adult
using the services of a program funded under this
section);
(4) certifies that the organizational policies of
the applicant do not require mediation or counseling
involving offenders and victims being physically
present in the same place, in cases where domestic
violence, dating violence, sexual assault, or stalking
is alleged;
(5) certifies that any person providing legal
assistance through a program funded under this section
has completed or will complete training on domestic
violence, dating violence, sexual assault, and
stalking, including child sexual abuse, and related
legal issues; and
(6) certifies that any person providing custody
evaluation or guardian ad litem services through a
program funded under this section has completed or will
complete training, developed with input from and in
collaboration with a tribal, State, territorial, or
local domestic violence, dating violence, sexual
assault, or stalking victim service provider or
coalition, on the dynamics of domestic violence and
sexual assault, including child sexual abuse, that
includes training on how to review evidence of past
abuse and the use of evidenced-based theories to make
recommendations on custody and visitation.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $22,000,000 for
each of the fiscal years 2013 through 2017. Amounts
appropriated pursuant to this subsection are authorized to
remain available until expended.
(f) Allotment for Indian Tribes.--
(1) In general.--Not less than 10 percent of the
total amount available under this section for each
fiscal year shall be available for grants under the
program authorized by section 2015 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-10).
(2) Applicability of part.--The requirements of
this section shall not apply to funds allocated for the
program described in paragraph (1).
* * * * * * *
TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE
AGAINST WOMEN
* * * * * * *
SEC. 1402. EDUCATION, TRAINING, AND ENHANCED SERVICES TO END VIOLENCE
AGAINST AND ABUSE OF WOMEN WITH DISABILITIES.
(a) * * *
(b) Use of Funds.--Grants awarded under this section shall
be used--
(1) to provide personnel, training, technical
assistance, advocacy, intervention, risk reduction
(including using evidence-based indicators to assess
the risk of domestic and dating violence homicide) and
prevention of domestic violence, dating violence,
stalking, and sexual assault against disabled
individuals;
* * * * * * *
(4) to provide technical assistance to assist with
modifications to existing policies, protocols, and
procedures to ensure equal access to the services,
programs, and activities of [victim service
organizations] victim service providers for disabled
individuals;
(5) to provide training and technical assistance on
the requirements of shelters and [victim services
organizations] victim service providers under Federal
antidiscrimination laws, including--
(A) * * *
* * * * * * *
(c) Eligible Entities.--
(1) In general.--An entity shall be eligible to
receive a grant under this section if the entity is--
(A) * * *
* * * * * * *
(D) a [nonprofit and nongovernmental victim
services organization, such as a State] victim
service provider, such as a State or tribal
domestic violence or sexual assault coalition
or a nonprofit, nongovernmental organization
serving disabled individuals.
* * * * * * *
(e) Authorization of Appropriations.--There are authorized
to be appropriated [$10,000,000 for each of the fiscal years
2007 through 2011] $9,000,000 for each of fiscal years 2013
through 2017 to carry out this section.
* * * * * * *
----------
CRIME CONTROL ACT OF 1990
* * * * * * *
TITLE II--VICTIMS OF CHILD ABUSE ACT OF 1990
* * * * * * *
Subtitle B--Court-Appointed Special Advocate Program
* * * * * * *
SEC. 216. PURPOSE.
The purpose of this subtitle is to ensure that by [January
1, 2010] January 1, 2015, a court-appointed special advocate
shall be available to every victim of child abuse or neglect in
the United States that needs such an advocate.
SEC. 217. STRENGTHENING OF THE COURT-APPOINTED SPECIAL ADVOCATE
PROGRAM.
(a) * * *
* * * * * * *
(c) Grant Criteria.--(1) * * *
(2) In general, the grant criteria established pursuant to
paragraph (1) shall require that a court-appointed special
advocate program provide screening, training, and supervision
of court-appointed special advocates in accordance with
standards developed by the National Court-Appointed Special
Advocate Association. Such criteria may include the
requirements that--
(A) a court-appointed special advocate association
program have a mission and purpose in keeping with the
mission and purpose of the National Court-Appointed
Special Advocate Association and that it abide by the
National Court-Appointed Special Advocate Association
[Code of Ethics] Standards for Programs;
* * * * * * *
(e) Reporting.--An organization that receives a grant under
this section for a fiscal year shall submit to the
Administrator a report regarding the use of the grant for the
fiscal year, including a discussion of outcome performance
measures (which shall be established by the Administrator) to
determine the effectiveness of the programs of the organization
in meeting the needs of children in the child welfare system.
SEC. 219. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There is authorized to be appropriated
to carry out this subtitle $12,000,000 for each of [fiscal
years 2007 through 2011] fiscal years 2013 through 2017.
* * * * * * *
----------
VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICE REAUTHORIZATION ACT OF
2005
* * * * * * *
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
* * * * * * *
[SEC. 120. GRANTS FOR OUTREACH TO UNDERSERVED POPULATIONS.
[(a) Grants Authorized.--
[(1) In general.--From amounts made available to
carry out this section, the Attorney General, acting
through the Director of the Office on Violence Against
Women, shall award grants to eligible entities
described in subsection (b) to carry out local,
regional, or national public information campaigns
focused on addressing adult, youth, or minor domestic
violence, dating violence, sexual assault, stalking, or
trafficking within tribal and underserved populations
and immigrant communities, including information on
services available to victims and ways to prevent or
reduce domestic violence, dating violence, sexual
assault, and stalking.
[(2) Term.--The Attorney General shall award grants
under this section for a period of 1 fiscal year.
[(b) Eligible Entities.--Eligible entities under this
section are--
[(1) nonprofit, nongovernmental organizations or
coalitions that represent the targeted tribal and
underserved populations or immigrant community that--
[(A) have a documented history of creating
and administering effective public awareness
campaigns addressing domestic violence, dating
violence, sexual assault, and stalking; or
[(B) work in partnership with an
organization that has a documented history of
creating and administering effective public
awareness campaigns addressing domestic
violence, dating violence, sexual assault, and
stalking; or
[(2) a governmental entity that demonstrates a
partnership with organizations described in paragraph
(1).
[(c) Allocation of Funds.--Of the amounts appropriated for
grants under this section--
[(1) not more than 20 percent shall be used for
national model campaign materials targeted to specific
tribal and underserved populations or immigrant
community, including American Indian tribes and Alaskan
native villages for the purposes of research, testing,
message development, and preparation of materials; and
[(2) the balance shall be used for not less than 10
State, regional, territorial, tribal, or local
campaigns targeting specific communities with
information and materials developed through the
national campaign or, if appropriate, new materials to
reach an underserved population or a particularly
isolated community.
[(d) Use of Funds.--Funds appropriated under this section
shall be used to conduct a public information campaign and
build the capacity and develop leadership of racial, ethnic
populations, or immigrant community members to address domestic
violence, dating violence, sexual assault, and stalking.
[(e) Application.--An eligible entity desiring a grant
under this section shall submit an application to the Director
of the Office on Violence Against Women at such time, in such
form, and in such manner as the Director may prescribe.
[(f) Criteria.--In awarding grants under this section, the
Attorney General shall ensure--
[(1) reasonable distribution among eligible
grantees representing various underserved and immigrant
communities;
[(2) reasonable distribution among State, regional,
territorial, tribal, and local campaigns; and
[(3) that not more than 8 percent of the total
amount appropriated under this section for each fiscal
year is set aside for training, technical assistance,
and data collection.
[(g) Reports.--Each eligible entity receiving a grant under
this section shall submit to the Director of the Office of
Violence Against Women a report that describes the activities
carried out with grant funds.
[(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $2,000,000 for
each of fiscal years 2007 through 2011.
[(i) Definitions and Grant Conditions.--In this section the
definitions and grant conditions in section 40002 of the
Violence Against Women Act of 1994 shall apply.]
SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS.
(a) Grants Authorized.--
(1) In general.--Of the amounts appropriated under
the grant programs identified in paragraph (2), the
Attorney General shall take 2 percent of such
appropriated amounts and combine them to award grants
to eligible entities described in subsection (b) of
this section to develop and implement outreach
strategies targeted at adult or youth victims of
domestic violence, dating violence, sexual assault, or
stalking in underserved populations and to provide
victim services to meet the needs of adult and youth
victims of domestic violence, dating violence, sexual
assault, and stalking in underserved populations. The
requirements of the grant programs identified in
paragraph (2) shall not apply to this grant program.
(2) Programs covered.--The programs identified in
this paragraph are the programs carried out under the
following provisions:
(A) Part T of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (STOP
grants).
(B) Part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (Grants to
encourage arrest policies).
(b) Eligible Entities.--Eligible entities under this
section are--
(1) population specific organizations that have
demonstrated experience and expertise in providing
population specific services in the relevant
underserved communities, or population specific
organizations working in partnership with a victim
service provider or domestic violence or sexual assault
coalition;
(2) victim service providers offering population
specific services for a specific underserved
population; or
(3) victim service providers working in partnership
with a national, State, or local organization that has
demonstrated experience and expertise in providing
population specific services in the relevant
underserved population.
(c) Planning Grants.--The Attorney General may use up to 20
percent of funds available under this section to make one-time
planning grants to eligible entities to support the planning
and development of specially designed and targeted programs for
adult and youth victims in one or more underserved populations,
including--
(1) identifying, building, and strengthening
partnerships with potential collaborators within
underserved populations, Federal, State, tribal,
territorial or local government entities, and public
and private organizations;
(2) conducting a needs assessment of the community
and the targeted underserved population or populations
to determine what the barriers are to service access
and what factors contribute to those barriers, using
input from the targeted underserved population or
populations;
(3) identifying promising prevention, outreach, and
intervention strategies for victims from a targeted
underserved population or populations; and
(4) developing a plan, with the input of the
targeted underserved population or populations, for--
(A) implementing prevention, outreach, and
intervention strategies to address the barriers
to accessing services;
(B) promoting community engagement in the
prevention of domestic violence, dating
violence, sexual assault, and stalking within
the targeted underserved populations; and
(C) evaluating the program.
(d) Implementation Grants.--The Attorney General shall make
grants to eligible entities for the purpose of providing or
enhancing population specific outreach and victim services to
adult and youth victims in one or more underserved populations,
including--
(1) working with Federal, State, tribal,
territorial and local governments, agencies, and
organizations to develop or enhance population specific
victim services;
(2) strengthening the capacity of underserved
populations to provide population specific services;
(3) strengthening the capacity of traditional
victim service providers to provide population specific
services;
(4) strengthening the effectiveness of criminal and
civil justice interventions by providing training for
law enforcement, prosecutors, judges and other court
personnel on domestic violence, dating violence, sexual
assault, or stalking in underserved populations; or
(5) working in cooperation with an underserved
population to develop and implement outreach,
education, prevention, and intervention strategies that
highlight available resources and the specific issues
faced by victims of domestic violence, dating violence,
sexual assault, or stalking from underserved
populations.
(e) Application.--An eligible entity desiring a grant under
this section shall submit an application to the Director of the
Office on Violence Against Women at such time, in such form,
and in such manner as the Director may prescribe.
(f) Reports.--Each eligible entity receiving a grant under
this section shall annually submit to the Director of the
Office on Violence Against Women a report that describes the
activities carried out with grant funds during the preceding
fiscal year.
(g) Definitions and Grant Conditions.--In this section the
definitions and grant conditions in section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925) shall
apply.
(h) Authorization of Appropriations.--In addition to the
funds identified in subsection (a)(1), there are authorized to
be appropriated to carry out this section $2,000,000 for each
of the fiscal years 2013 through 2017.
SEC. 121. ENHANCING CULTURALLY [AND LINGUISTICALLY] SPECIFIC SERVICES
FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING
(a) Establishment.--
(1) In general.--Of the amounts appropriated under
certain grant programs identified in paragraph (a)(2)
of this Section, the Attorney General, through the
Director of the Violence Against Women Office (referred
to in this section as the ``Director''), shall take 5
percent of such appropriated amounts and combine them
to establish a new grant program to enhance culturally
[and linguistically] specific services for victims of
domestic violence, dating violence, sexual assault, and
stalking. Grants made under this new program shall be
administered by the Director. The requirements of the
grant programs identified in paragraph (2) shall not
apply to this new grant program.
[(2) Programs covered.--The programs covered by
paragraph (1) are the programs carried out under the
following provisions:
[(A) Section 2101 (42 U.S.C. 3796hh),
Grants to Encourage Arrest Policies.
[(B) Section 1201 of the Violence Against
Women Act of 2000 (42 U.S.C. 3796gg-6), Legal
Assistance for Victims.
[(C) Section 40295 of the Violence Against
Women Act of 1994 (42 U.S.C. 13971), Rural
Domestic Violence and Child Abuser Enforcement
Assistance.
[(D) Section ___ of the Violence Against
Women Act of 1994 (42 U.S.C. ___), Older
Battered Women.
[(E) Section ___ of the Violence Against
Women Act of 2000 (42 U.S.C. ___), Disabled
Women Program.]
(2) Programs covered.--The programs identified in
this paragraph are the programs carried out under the
following provisions:
(A) Part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C.
3796hh) (Grants to encourage arrest policies).
(B) Section 1201 of division B of the
Victims of Trafficking and Violence Protection
Act of 2000 (42 U.S.C. 3796gg-6) (Legal
assistance for victims).
(C) Section 40295 of the Violence Against
Women Act of 1994 (42 U.S.C. 13971) (Rural
domestic violence, dating violence, sexual
assault, stalking, and child abuse enforcement
assistance).
(D) Section 40802 of the Violence Against
Women Act of 1994 (42 U.S.C. 14041a) (Enhanced
training and services to end violence against
women later in life).
(E) Section 1402 of division B of the
Victims of Trafficking and Violence Protection
Act of 2000 (42 U.S.C. 3796gg-7) (Education,
training, and enhanced services to end violence
against and abuse of women with disabilities).
(b) Purpose of Program and Grants.--
(1) General program purpose.--The purpose of the
program required by this section is to promote:
(A) The maintenance and replication of
existing successful services in domestic
violence, dating violence, sexual assault, and
stalking community-based programs providing
culturally [and linguistically] specific
services and other resources.
(B) The development of innovative
culturally [and linguistically] specific
strategies and projects to enhance access to
services and resources for victims of domestic
violence, dating violence, sexual assault, and
stalking who face obstacles to using more
traditional services and resources.
(2) Purposes for which grants may be used.--The
Director shall make grants to community-based programs
for the purpose of enhancing culturally [and
linguistically] specific services for victims of
domestic violence, dating violence, sexual assault, and
stalking. Grants under the program shall support
community-based efforts to address distinctive cultural
[and linguistic] responses to domestic violence, dating
violence, sexual assault, and stalking, including--
(A) working with State and local
governments and social service agencies to
develop and enhance effective strategies to
provide culturally [and linguistically]
specific services to victims of domestic
violence, dating violence, sexual assault, and
stalking;
(B) increasing communities' capacity to
provide culturally [and linguistically]
specific resources and support for victims of
domestic violence, dating violence, sexual
assault, and stalking crimes and their
families;
(C) strengthening criminal justice
interventions, by providing training for law
enforcement, prosecution, courts, probation,
and correctional facilities on culturally [and
linguistically] specific responses to domestic
violence, dating violence, sexual assault, and
stalking;
(D) enhancing traditional services to
victims of domestic violence, dating violence,
sexual assault, and stalking through the
leadership of culturally [and linguistically]
specific programs offering services to victims
of domestic violence, dating violence, sexual
assault, and stalking;
(E) working in cooperation with the
community to develop education and prevention
strategies highlighting culturally [and
linguistically] specific issues and resources
regarding victims of domestic violence, dating
violence, sexual assault, and stalking;
(F) providing culturally [and
linguistically] specific programs for children
exposed to domestic violence, dating violence,
sexual assault, and stalking;
(G) providing culturally [and
linguistically] specific resources and services
that address the safety, economic, housing, and
workplace needs of victims of domestic
violence, dating violence, sexual assault, or
stalking, including emergency assistance; or
(H) examining the dynamics of culture and
its impact on victimization and healing.
(3) Technical assistance and training.--The
Director shall provide technical assistance and
training to grantees of this and other programs under
this Act regarding the development and provision of
effective culturally [and linguistically] specific
community-based services by entering into cooperative
agreements or contracts with an organization or
organizations having a demonstrated expertise in and
whose primary purpose is addressing the development and
provision of culturally [and linguistically] specific
community-based services to victims of domestic
violence, dating violence, sexual assault, and
stalking.
(c) Eligible Entities.--Eligible entities for grants under
this Section include--
(1) community-based programs whose primary purpose
is providing culturally [and linguistically] specific
services to victims of domestic violence, dating
violence, sexual assault, and stalking; and
(2) community-based programs whose primary purpose
is providing culturally [and linguistically] specific
services who can partner with a program having
demonstrated expertise in serving victims of domestic
violence, dating violence, sexual assault, and
stalking.
(d) Reporting.--The Director shall issue a biennial report
on the distribution of funding under this section, the progress
made in replicating and supporting increased services to
victims of domestic violence, dating violence, sexual assault,
and stalking who face obstacles to using more traditional
services and resources, and the types of culturally [and
linguistically] accessible programs, strategies, technical
assistance, and training developed or enhanced through this
program.
* * * * * * *
(f) Evaluation.--The Director shall award a contract or
cooperative agreement to evaluate programs under this section
to an entity with the demonstrated expertise in and primary
goal of providing enhanced cultural [and linguistic] access to
services and resources for victims of domestic violence, dating
violence, sexual assault, and stalking who face obstacles to
using more traditional services and resources.
(g) Non-Exclusivity.--Nothing in this Section shall be
interpreted to exclude [linguistic and] culturally specific
community-based programs from applying to other grant programs
authorized under this Act.
* * * * * * *
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
* * * * * * *
SEC. 304. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
(a) Grants Authorized.--
(1) In general.--The Attorney General is authorized
to make grants to institutions of higher education, for
use by such institutions or consortia consisting of
campus personnel, student organizations, campus
administrators, security personnel, and regional crisis
centers affiliated with the institution, to develop and
strengthen effective security and investigation
strategies to combat domestic violence, dating
violence, sexual assault, and stalking on campuses,
[and] to develop and strengthen victim services in
cases involving such [crimes against women on] crimes
on campuses, which may include partnerships with local
criminal justice authorities and community-based victim
services agencies, and to develop and strengthen
prevention education and awareness programs.
(2) Award basis.--The Attorney General shall award
grants and contracts under this section on a
competitive basis for a period of 3 years. The Attorney
General, through the Director of the Office on Violence
Against Women, shall award the grants in amounts of not
more than [$500,000] $300,000 for individual
institutions of higher education and not more than
$1,000,000 for consortia of such institutions.
* * * * * * *
(b) Use of Grant Funds.--Grant funds awarded under this
section may be used for the following purposes:
(1) * * *
(2) To develop, strengthen, and implement campus
policies, protocols, and services that more effectively
identify and respond to the crimes of domestic
violence, dating violence, sexual [assault and
stalking,] assault, and stalking, including the use of
technology to commit these crimes, and to train campus
administrators, campus security personnel, and
personnel serving on campus disciplinary or judicial
boards on such policies, protocols, and services.
Within 90 days after the date of enactment of this Act,
the Attorney General shall issue and make available
minimum standards of training relating to domestic
violence, dating violence, sexual assault, and stalking
on campus, for all campus security personnel and
personnel serving on campus disciplinary or judicial
boards.
* * * * * * *
(4) To develop, enlarge, or strengthen victim
services programs and population specific services on
the campuses of the institutions involved, including
programs providing legal, medical, or psychological
counseling, for victims of domestic violence, dating
violence, sexual assault, and stalking, and to improve
delivery of victim assistance on campus. To the extent
practicable, such an institution shall collaborate with
any [entities carrying out nonprofit and other victim
services programs, including domestic violence, dating
violence, sexual assault, and stalking victim services
programs] victim service providers in the community in
which the institution is located. If appropriate victim
services programs are not available in the community or
are not accessible to students, the institution shall,
to the extent practicable, provide a victim services
program on campus or create a victim services program
in collaboration with a community-based organization.
The institution shall use not less than 20 percent of
the funds made available through the grant for a victim
services program provided in accordance with this
paragraph, regardless of whether the services provided
by such program are provided by the institution or in
coordination with community victim service providers.
* * * * * * *
(9) To provide evidence-based educational
programming for students regarding domestic violence,
dating violence, sexual assault, and stalking.
(10) To develop or adapt population specific
strategies and projects for victims of domestic
violence, dating violence, sexual assault, and stalking
from underserved populations on campus.
(c) Applications.--
(1) * * *
(2) Contents.--Each application submitted under
paragraph (1) shall--
(A) * * *
(B) include proof that the institution of
higher education collaborated with any non-
profit, nongovernmental entities carrying out
other victim services programs, including
domestic violence, dating violence, sexual
assault, and stalking victim services programs
in the community in which the institution is
located;
* * * * * * *
(D) describe how underserved populations in
the campus community will be adequately served,
including the provision of relevant population
specific services;
[(D)] (E) provide measurable goals and
expected results from the use of the grant
funds;
[(E)] (F) provide assurances that the
Federal funds made available under this section
shall be used to supplement and, to the extent
practical, increase the level of funds that
would, in the absence of Federal funds, be made
available by the institution for the purposes
described in subsection (b); and
[(F)] (G) include such other information
and assurances as the Attorney General
reasonably determines to be necessary.
(3) Compliance with campus crime reporting
required.--No institution of higher education shall be
eligible for a grant under this section unless such
institution is in compliance with the requirements of
section 485(f) of the Higher Education Act of 1965 (20
U.S.C. 1092(f)). Up to $200,000 of the total amount of
grant funds appropriated under this section for fiscal
years [2007 through 2011] 2013 through 2017 may be used
to provide technical assistance in complying with the
mandatory reporting requirements of section 485(f) of
such Act.
(d) General Terms and Conditions.--
(1) * * *
* * * * * * *
[(3) Report to congress.--Not later than 180 days
after the end of the fiscal year for which grants are
awarded under this section, the Attorney General shall
submit to Congress a report that includes--
[(A) the number of grants, and the amount
of funds, distributed under this section;
[(B) a summary of the purposes for which
the grants were provided and an evaluation of
the progress made under the grant;
[(C) a statistical summary of the persons
served, detailing the nature of victimization,
and providing data on age, sex, race,
ethnicity, language, disability, relationship
to offender, geographic distribution, and type
of campus; and
[(D) an evaluation of the effectiveness of
programs funded under this part.]
(3) Grantee minimum requirements.--Each grantee
shall comply with the following minimum requirements
during the grant period:
(A) The grantee shall create a coordinated
community response including both organizations
external to the institution and relevant
divisions of the institution.
(B) The grantee shall establish a mandatory
prevention and education program on domestic
violence, dating violence, sexual assault, and
stalking for all incoming students.
(C) The grantee shall train all campus law
enforcement to respond effectively to domestic
violence, dating violence, sexual assault, and
stalking.
(D) The grantee shall train all members of
campus disciplinary boards to respond
effectively to situations involving domestic
violence, dating violence, sexual assault, or
stalking.
(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated [$12,000,000 for fiscal year 2007 and $15,000,000
for each of fiscal years 2008 through 2011.] $12,000,000 for
each of the fiscal years 2013 through 2017.
* * * * * * *
TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE
* * * * * * *
SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--There shall be
authorized to be appropriated to carry out this title
[$2,000,000 for each of the fiscal years 2007 through 2011]
$1,000,000 for each of the fiscal years 2013 through 2017.
[SEC. 403. PUBLIC AWARENESS CAMPAIGN.
[(a) In General.--The Attorney General, acting through the
Office on Violence Against Women], shall make grants to States
for carrying out a campaign to increase public awareness of
issues regarding domestic violence against pregnant women.
[(b) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2006 through 2010.]
* * * * * * *
TITLE IX--SAFETY FOR INDIAN WOMEN
* * * * * * *
SEC. 903. CONSULTATION.
(a) In General.--The Attorney General shall conduct annual
consultations with Indian tribal governments concerning the
Federal administration of tribal funds and programs established
under this Act, the Violence Against Women Act of 1994 (title
IV of Public Law 103-322; 108 Stat. 1902) [and the Violence
Against Women Act of 2000], the Violence Against Women Act of
2000 (division B of Public Law 106-386; 114 Stat. 1491), and
the Violence Against Women Reauthorization Act of 2012.
(b) Recommendations.--During consultations under subsection
(a), the [Secretary of the Department of Health and Human
Services] Secretary of Health and Human Services, the Secretary
of the Interior, and the Attorney General shall solicit
recommendations from Indian tribes concerning--
(1) * * *
(2) enhancing the safety of Indian women from
domestic violence, dating violence, sexual assault,
[and stalking] stalking, and sex trafficking; and
* * * * * * *
(c) Annual Report.--The Attorney General shall submit to
Congress an annual report on the annual consultations required
under subsection (a) that--
(1) contains the recommendations made under
subsection (b) by Indian tribes during the year covered
by the report;
(2) describes actions taken during the year covered
by the report to respond to recommendations made under
subsection (b) during the year or a previous year; and
(3) describes how the Attorney General will work in
coordination and collaboration with Indian tribes, the
Secretary of Health and Human Services, and the
Secretary of the Interior to address the
recommendations made under subsection (b).
(d) Notice.--Not later than 120 days before the date of a
consultation under subsection (a), the Attorney General shall
notify tribal leaders of the date, time, and location of the
consultation.
SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.
(a) National Baseline Study.--
(1) In general.--[The National] Not later than 2
years after the date of enactment of the Violence
Against Women Reauthorization Act of 2012, the National
Institute of Justice, in consultation with the Office
on Violence Against Women, shall conduct a national
baseline study to examine violence against Indian women
in Indian country and in Native villages (as defined in
section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602)).
(2) Scope.--
(A) In general.--The study shall examine
violence committed against Indian women,
including--
(i) * * *
* * * * * * *
(iv) stalking; [and]
(v) murder[.]; and
(vi) sex trafficking.
* * * * * * *
(4) Report.--Not later than 2 years after the date
of enactment of [this Act] the Violence Against Women
Reauthorization Act of 2012, the Attorney General shall
submit to the Committee on Indian Affairs of the
Senate, the Committee on the Judiciary of the Senate,
and the Committee on the Judiciary of the House of
Representatives a report that describes the study.
(5) Authorization of appropriations.--There is
authorized to be appropriated to carry out [this
section $1,000,000 for each of fiscal years 2007 and
2008] this subsection $1,000,000 for each of fiscal
years 2013 and 2014, to remain available until
expended.
* * * * * * *
SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN WOMEN.
(a) * * *
(b) Tribal Registry.--
(1) * * *
(2) Authorization of appropriations.--There is
authorized to be appropriated to carry out this section
$1,000,000 for each of [fiscal years 2007 through 2011]
fiscal years 2013 through 2017, to remain available
until expended.
* * * * * * *
----------
SECTION 2 OF THE DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000
SEC. 2. AUTHORIZATION OF GRANTS.
(a) * * *
* * * * * * *
(c) Formula for Distribution of Grants.--
(1) * * *
* * * * * * *
(3) Limitation.--Grant amounts distributed under
paragraph (1) shall be awarded to conduct DNA analyses
of samples from casework or from victims of crime under
subsection (a)(2) in accordance with the following
limitations:
(A) * * *
(B) For each of the fiscal years 2010
through [2014] 2012, not less than 40 percent
of the grant amounts shall be awarded for
purposes under subsection (a)(2).
(C) For each of the fiscal years 2013 and 2014, not
less than 75 percent of the grant amounts shall be
awarded for purposes under subsection (a)(2).
----------
VICTIMS OF CHILD ABUSE ACT OF 1990
* * * * * * *
TITLE II--VICTIMS OF CHILD ABUSE ACT OF 1990
* * * * * * *
Subtitle C--Child Abuse Training Programs for Judicial Personnel and
Practitioners
* * * * * * *
SEC. 224. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There is authorized to be appropriated
to carry out this subtitle [$2,300,000 for each of fiscal years
2001 through 2005.] $2,300,000 for each of fiscal years 2013
through 2017.
* * * * * * *
----------
PUBLIC HEALTH SERVICE ACT
* * * * * * *
TITLE III--GENERAL POWERS AND DUTIES OF PUBLIC HEALTH SERVICE
* * * * * * *
Part J--Prevention and Control of Injuries
* * * * * * *
SEC. 393A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
(a) Permitted Use.--The Secretary, acting through the
National Center for Injury Prevention and Control at the
Centers for Disease Control and Prevention, shall award
targeted grants to States to be used for rape prevention and
education programs conducted by rape crisis centers, State,
territorial, or tribal sexual assault coalitions, and other
public and private nonprofit entities for--
(1) * * *
* * * * * * *
(6) education to increase awareness about drugs and
alcohol used to facilitate rapes or sexual assaults;
and
* * * * * * *
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section [$80,000,000 for
each of fiscal years 2007 through 2011] $50,000,000 for
each of fiscal years 2013 through 2017.
* * * * * * *
(3) Funding formula.--Amounts provided under this
section shall be allotted to each State, territory, and
the District of Columbia based on population. If the
amounts appropriated under paragraph (1) exceed
$48,000,000 in any fiscal year, a minimum allocation of
$150,000 shall be awarded to each State and territory
and the District of Columbia. Any remaining funds shall
be allotted to each State and territory and the
District of Columbia based on population.
* * * * * * *
PART P--ADDITIONAL PROGRAMS
* * * * * * *
[SEC. 399P. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
[(a) Authority to Award Grants.--
[(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and
Prevention, shall award grants to eligible State,
tribal, territorial, or local entities to strengthen
the response of State, tribal, territorial, or local
health care systems to domestic violence, dating
violence, sexual assault, and stalking.
[(2) Eligible entities.--To be eligible to receive
a grant under this section, an entity shall--
[(A) be--
[(i) a State department (or other
division) of health, a State domestic
or sexual assault coalition or service-
based program, State law enforcement
task force, or any other nonprofit,
nongovernmental, tribal, territorial,
or State entity with a history of
effective work in the fields of
domestic violence, dating violence,
sexual assault or stalking, and health
care; or
[(ii) a local, nonprofit domestic
violence, dating violence, sexual
assault, or stalking service-based
program, a local department (or other
division) of health, a local health
clinic, hospital, or health system, or
any other nonprofit, tribal, or local
entity with a history of effective work
in the field of domestic or sexual
violence and health;
[(B) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such agreements, assurances, and
information as the Secretary determines to be
necessary to carry out the purposes for which
the grant is to be made; and
[(C) demonstrate that the entity is
representing a team of organizations and
agencies working collaboratively to strengthen
the response of the health care system involved
to domestic violence, dating violence, sexual
assault, or stalking and that such team
includes domestic violence, dating violence,
sexual assault or stalking and health care
organizations.
[(3) Duration.--A program conducted under a grant
awarded under this section shall not exceed 2 years.
[(b) Use of Funds.--
[(1) In general.--An entity shall use amounts
received under a grant under this section to design and
implement comprehensive strategies to improve the
response of the health care system involved to domestic
or sexual violence in clinical and public health
settings, hospitals, clinics, managed care settings
(including behavioral and mental health), and other
health settings.
[(2) Mandatory strategies.--Strategies implemented
under paragraph (1) shall include the following:
[(A) The implementation, dissemination, and
evaluation of policies and procedures to guide
health care professionals and behavioral and
public health staff in responding to domestic
violence, dating violence, sexual assault, and
stalking, including strategies to ensure that
health information is maintained in a manner
that protects the patient's privacy and safety
and prohibits insurance discrimination.
[(B) The development of on-site access to
services to address the safety, medical, mental
health, and economic needs of patients either
by increasing the capacity of existing health
care professionals and behavioral and public
health staff to address domestic violence,
dating violence, sexual assault, and stalking,
by contracting with or hiring domestic or
sexual assault advocates to provide the
services, or to model other services
appropriate to the geographic and cultural
needs of a site.
[(C) The evaluation of practice and the
institutionalization of identification,
intervention, and documentation including
quality improvement measurements.
[(D) The provision of training and followup
technical assistance to health care
professionals, behavioral and public health
staff, and allied health professionals to
identify, assess, treat, and refer clients who
are victims of domestic violence, dating
violence, sexual violence, or stalking.
[(3) Permissive strategies.--Strategies implemented
under paragraph (1) may include the following:
[(A) Where appropriate, the development of
training modules and policies that address the
overlap of child abuse, domestic violence,
dating violence, sexual assault, and stalking
and elder abuse as well as childhood exposure
to domestic violence.
[(B) The creation, adaptation, and
implementation of public education campaigns
for patients concerning domestic violence,
dating violence, sexual assault, and stalking
prevention.
[(C) The development, adaptation, and
dissemination of domestic violence, dating
violence, sexual assault, and stalking
education materials to patients and health care
professionals and behavioral and public health
staff.
[(D) The promotion of the inclusion of
domestic violence, dating violence, sexual
assault, and stalking into health professional
training schools, including medical, dental,
nursing school, social work, and mental health
curriculum.
[(E) The integration of domestic violence,
dating violence, sexual assault, and stalking
into health care accreditation and professional
licensing examinations, such as medical,
dental, social work, and nursing boards.
[(c) Allocation of Funds.--Funds appropriated under this
section shall be distributed equally between State and local
programs.
[(d) Authorization of Appropriations.--There is authorized
to be appropriated to award grants under this section,
$5,000,000 for each of fiscal years 2007 through 2011.]
SEC. 399P. GRANTS TO STRENGTHEN THE HEALTH CARE SYSTEM'S RESPONSE TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
AND STALKING.
(a) In General.--The Secretary shall award grants for--
(1) the development or enhancement and
implementation of interdisciplinary training for health
professionals, public health staff, and allied health
professionals;
(2) the development or enhancement and
implementation of education programs for medical,
nursing, dental, and other health profession students
and residents to prevent and respond to domestic
violence, dating violence, sexual assault, and
stalking; and
(3) the development or enhancement and
implementation of comprehensive statewide strategies to
improve the response of clinics, public health
facilities, hospitals, and other health settings
(including behavioral and mental health programs) to
domestic violence, dating violence, sexual assault, and
stalking.
(b) Use of Funds.--
(1) Required uses.--Amounts provided under a grant
under this section shall be used to--
(A) fund interdisciplinary training and
education programs under paragraphs (1) and (2)
of subsection (a) that--
(i) are designed to train medical,
psychology, dental, social work,
nursing, and other health profession
students, interns, residents, fellows,
or current health care providers to
identify and provide health care
services (including mental or
behavioral health care services and
referrals to appropriate community
services) to individuals who are or who
have been victims of domestic violence,
dating violence, sexual assault, or
stalking; and
(ii) plan and develop clinical
training components for integration
into approved internship, residency,
and fellowship training or continuing
medical or other health education
training that address physical, mental,
and behavioral health issues, including
protective factors, related to domestic
violence, dating violence, sexual
assault, stalking, and other forms of
violence and abuse, focus on reducing
health disparities and preventing
violence and abuse, and include the
primacy of victim safety and
confidentiality; and
(B) design and implement comprehensive
strategies to improve the response of the
health care system to domestic or sexual
violence in clinical and public health
settings, hospitals, clinics, and other health
settings (including behavioral and mental
health), under subsection (a)(3) through--
(i) the implementation,
dissemination, and evaluation of
policies and procedures to guide health
professionals and public health staff
in identifying and responding to
domestic violence, dating violence,
sexual assault, and stalking, including
strategies to ensure that health
information is maintained in a manner
that protects the patient's privacy and
safety, and safely uses health
information technology to improve
documentation, identification,
assessment, treatment, and follow-up
care;
(ii) the development of on-site
access to services to address the
safety, medical, and mental health
needs of patients by increasing the
capacity of existing health care
professionals and public health staff
to address domestic violence, dating
violence, sexual assault, and stalking,
or by contracting with or hiring
domestic or sexual assault advocates to
provide such services or to model other
services appropriate to the geographic
and cultural needs of a site;
(iii) the development of measures
and methods for the evaluation of the
practice of identification,
intervention, and documentation
regarding victims of domestic violence,
dating violence, sexual assault, and
stalking, including the development and
testing of quality improvement
measurements; and
(iv) the provision of training and
followup technical assistance to health
care professionals, and public health
staff, and allied health professionals
to identify, assess, treat, and refer
clients who are victims of domestic
violence, dating violence, sexual
assault, or stalking, including using
tools and training materials already
developed.
(2) Permissible uses.--
(A) Child and elder abuse.--To the extent
consistent with the purpose of this section, a
grantee may use amounts received under this
section to address, as part of a comprehensive
programmatic approach implemented under the
grant, issues relating to child or elder abuse.
(B) Rural areas.--Grants funded under
paragraphs (1) and (2) of subsection (a) may be
used to offer to rural areas community-based
training opportunities (which may include the
use of distance learning networks and other
available technologies needed to reach isolated
rural areas) for medical, nursing, and other
health profession students and residents on
domestic violence, dating violence, sexual
assault, stalking, and, as appropriate, other
forms of violence and abuse.
(C) Other uses.--Grants funded under
subsection (a)(3) may be used for--
(i) the development of training
modules and policies that address the
overlap of child abuse, domestic
violence, dating violence, sexual
assault, and stalking and elder abuse,
as well as childhood exposure to
domestic and sexual violence;
(ii) the development, expansion,
and implementation of sexual assault
forensic medical examination or sexual
assault nurse examiner programs;
(iii) the inclusion of the health
effects of lifetime exposure to
violence and abuse as well as related
protective factors and behavioral risk
factors in health professional training
schools, including medical, dental,
nursing, social work, and mental and
behavioral health curricula, and allied
health service training courses; or
(iv) the integration of knowledge
of domestic violence, dating violence,
sexual assault, and stalking into
health care accreditation and
professional licensing examinations,
such as medical, dental, social work,
and nursing boards, and where
appropriate, other allied health exams.
(c) Requirements for Grantees.--
(1) Confidentiality and safety.--
(A) In general.--Grantees under this
section shall ensure that all programs
developed with grant funds address issues of
confidentiality and patient safety and comply
with applicable confidentiality and
nondisclosure requirements under section
40002(b)(2) of the Violence Against Women Act
of 1994 and the Family Violence Prevention and
Services Act, and that faculty and staff
associated with delivering educational
components are fully trained in procedures that
will protect the immediate and ongoing security
and confidentiality of the patients, patient
records, and staff. Such grantees shall consult
entities with demonstrated expertise in the
confidentiality and safety needs of victims of
domestic violence, dating violence, sexual
assault, and stalking on the development and
adequacy of confidentially and security
procedures, and provide documentation of such
consultation.
(B) Advance notice of information
disclosure.--Grantees under this section shall
provide to patients advance notice about any
circumstances under which information may be
disclosed, such as mandatory reporting laws,
and shall give patients the option to receive
information and referrals without affirmatively
disclosing abuse.
(2) Limitation on administrative expenses.--A
grantee shall use not more than 10 percent of the
amounts received under a grant under this section for
administrative expenses.
(3) Preference.--In selecting grant recipients
under this section, the Secretary shall give preference
to applicants based on the strength of their evaluation
strategies, with priority given to outcome-based
evaluations.
(4) Application.--
(A) Subsection (a) (1) and (2) grantees.--
An entity desiring a grant under paragraph (1)
or (2) of subsection (a) shall submit an
application to the Secretary at such time, in
such manner, and containing such information
and assurances as the Secretary may require,
including--
(i) documentation that the
applicant represents a team of entities
working collaboratively to strengthen
the response of the health care system
to domestic violence, dating violence,
sexual assault, or stalking, and which
includes at least one of each of--
(I) an accredited school of
allopathic or osteopathic
medicine, psychology, nursing,
dentistry, social work, or
other health field;
(II) a health care facility
or system; or
(III) a government or
nonprofit entity with a history
of effective work in the fields
of domestic violence, dating
violence, sexual assault, or
stalking; and
(ii) strategies for the
dissemination and sharing of curricula
and other educational materials
developed under the grant, if any, with
other interested health professions
schools and national resource
repositories for materials on domestic
violence, dating violence, sexual
assault, and stalking.
(B) Subsection (a)(3) grantees.--An entity
desiring a grant under subsection (a)(3) shall
submit an application to the Secretary at such
time, in such manner, and containing such
information and assurances as the Secretary may
require, including--
(i) documentation that all
training, education, screening,
assessment, services, treatment, and
any other approach to patient care will
be informed by an understanding of
violence and abuse victimization and
trauma-specific approaches that will be
integrated into prevention,
intervention, and treatment activities;
(ii) strategies for the development
and implementation of policies to
prevent and address domestic violence,
dating violence, sexual assault, and
stalking over the lifespan in health
care settings;
(iii) a plan for consulting with
State and tribal domestic violence or
sexual assault coalitions, national
nonprofit victim advocacy
organizations, State or tribal law
enforcement task forces (where
appropriate), and population-specific
organizations with demonstrated
expertise in addressing domestic
violence, dating violence, sexual
assault, or stalking;
(iv) with respect to an application
for a grant under which the grantee
will have contact with patients, a
plan, developed in collaboration with
local victim service providers, to
respond appropriately to and make
correct referrals for individuals who
disclose that they are victims of
domestic violence, dating violence,
sexual assault, stalking, or other
types of violence, and documentation
provided by the grantee of an ongoing
collaborative relationship with a local
victim service provider; and
(v) with respect to an application
for a grant proposing to fund a program
described in subsection (b)(2)(C)(ii),
a certification that any sexual assault
forensic medical examination and sexual
assault nurse examiner programs
supported with such grant funds will
adhere to the guidelines set forth by
the Attorney General.
(d) Eligible Entities.--
(1) In general.--To be eligible to receive funding
under paragraph (1) or (2) of subsection (a), an entity
shall be--
(A) a nonprofit organization with a history
of effective work in the field of training
health professionals with an understanding of,
and clinical skills pertinent to, domestic
violence, dating violence, sexual assault, or
stalking, and lifetime exposure to violence and
abuse;
(B) an accredited school of allopathic or
osteopathic medicine, psychology, nursing,
dentistry, social work, or allied health;
(C) a health care provider membership or
professional organization, or a health care
system; or
(D) a State, tribal, territorial, or local
entity.
(2) Subsection (a)(3) grantees.--To be eligible to
receive funding under subsection (a)(3), an entity
shall be--
(A) a State department (or other division)
of health, a State, tribal, or territorial
domestic violence or sexual assault coalition
or victim service provider, or any other
nonprofit, nongovernmental organization with a
history of effective work in the fields of
domestic violence, dating violence, sexual
assault, or stalking, and health care,
including physical or mental health care; or
(B) a local victim service provider, a
local department (or other division) of health,
a local health clinic, hospital, or health
system, or any other community-based
organization with a history of effective work
in the field of domestic violence, dating
violence, sexual assault, or stalking and
health care, including physical or mental
health care.
(e) Technical Assistance.--
(1) In general.--Of the funds made available to
carry out this section for any fiscal year, the
Secretary may make grants or enter into contracts to
provide technical assistance with respect to the
planning, development, and operation of any program,
activity or service carried out pursuant to this
section. Not more than 8 percent of the funds
appropriated under this section in each fiscal year may
be used to fund technical assistance under this
subsection.
(2) Availability of materials.--The Secretary shall
make publicly available materials developed by grantees
under this section, including materials on training,
best practices, and research and evaluation.
(3) Reporting.--The Secretary shall publish a
biennial report on--
(A) the distribution of funds under this
section; and
(B) the programs and activities supported
by such funds.
(f) Research and Evaluation.--
(1) In general.--Of the funds made available to
carry out this section for any fiscal year, the
Secretary may use not more than 20 percent to make a
grant or enter into a contract for research and
evaluation of--
(A) grants awarded under this section; and
(B) other training for health professionals
and effective interventions in the health care
setting that prevent domestic violence, dating
violence, and sexual assault across the
lifespan, prevent the health effects of such
violence, and improve the safety and health of
individuals who are currently being victimized.
(2) Research.--Research authorized in paragraph (1)
may include--
(A) research on the effects of domestic
violence, dating violence, sexual assault, and
childhood exposure to domestic violence, dating
violence, or sexual assault on health
behaviors, health conditions, and health status
of individuals, families, and populations,
including underserved populations;
(B) research to determine effective health
care interventions to respond to and prevent
domestic violence, dating violence, sexual
assault, and stalking;
(C) research on the impact of domestic,
dating, and sexual violence, childhood exposure
to such violence, and stalking on the health
care system, health care utilization, health
care costs, and health status; and
(D) research on the impact of adverse
childhood experiences on adult experience with
domestic violence, dating violence, sexual
assault, stalking, and adult health outcomes,
including how to reduce or prevent the impact
of adverse childhood experiences through the
health care setting.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2013 through 2017.
(h) Definitions.--Except as otherwise provided in this
section, the definitions in section 40002 of the Violence
Against Women Act of 1994 apply to this section.
* * * * * * *
TITLE VII--HEALTH PROFESSIONS EDUCATION
* * * * * * *
PART D--INTERDISCIPLINARY, COMMUNITY-BASED LINKAGES
* * * * * * *
[SEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION ON DOMESTIC
VIOLENCE AND OTHER TYPES OF VIOLENCE AND ABUSE.
[(a) Grants.--The Secretary, acting through the Director of
the Health Resources and Services Administration, shall award
grants under this section to develop interdisciplinary training
and education programs that provide undergraduate, graduate,
post-graduate medical, nursing (including advanced practice
nursing students), and other health professions students with
an understanding of, and clinical skills pertinent to, domestic
violence, sexual assault, stalking, and dating violence.
[(b) Eligibility.--To be eligible to receive a grant under
this section an entity shall--
[(1) be an accredited school of allopathic or
osteopathic medicine;
[(2) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require, including--
[(A) information to demonstrate that the
applicant includes the meaningful participation
of a school of nursing and at least one other
school of health professions or graduate
program in public health, dentistry, social
work, midwifery, or behavioral and mental
health;
[(B) strategies for the dissemination and
sharing of curricula and other educational
materials developed under the grant to other
interested medical and nursing schools and
national resource repositories for materials on
domestic violence and sexual assault; and
[(C) a plan for consulting with community-
based coalitions or individuals who have
experience and expertise in issues related to
domestic violence, sexual assault, dating
violence, and stalking for services provided
under the program carried out under the grant.
[(c) Use of Funds.--
[(1) Required uses.--Amounts provided under a grant
under this section shall be used to--
[(A) fund interdisciplinary training and
education projects that are designed to train
medical, nursing, and other health professions
students and residents to identify and provide
health care services (including mental or
behavioral health care services and referrals
to appropriate community services) to
individuals who are experiencing or who have
experienced domestic violence, sexual assault,
and stalking or dating violence; and
[(B) plan and develop culturally competent
clinical components for integration into
approved residency training programs that
address health issues related to domestic
violence, sexual assault, dating violence, and
stalking, along with other forms of violence as
appropriate, and include the primacy of victim
safety and confidentiality.
[(2) Permissive uses.--Amounts provided under a
grant under this section may be used to--
[(A) offer community-based training
opportunities in rural areas for medical,
nursing, and other students and residents on
domestic violence, sexual assault, stalking,
and dating violence, and other forms of
violence and abuse, which may include the use
of distance learning networks and other
available technologies needed to reach isolated
rural areas; or
[(B) provide stipends to students who are
underrepresented in the health professions as
necessary to promote and enable their
participation in clerkships, preceptorships, or
other offsite training experiences that are
designed to develop health care clinical skills
related to domestic violence, sexual assault,
dating violence, and stalking.
[(3) Requirements.--
[(A) Confidentiality and safety.--Grantees
under this section shall ensure that all
educational programs developed with grant funds
address issues of confidentiality and patient
safety, and that faculty and staff associated
with delivering educational components are
fully trained in procedures that will protect
the immediate and ongoing security of the
patients, patient records, and staff. Advocacy-
based coalitions or other expertise available
in the community shall be consulted on the
development and adequacy of confidentially and
security procedures, and shall be fairly
compensated by grantees for their services.
[(B) Rural programs.--Rural training
programs carried out under paragraph (2)(A)
shall reflect adjustments in protocols and
procedures or referrals that may be needed to
protect the confidentiality and safety of
patients who live in small or isolated
communities and who are currently or have
previously experienced violence or abuse.
[(4) Child and elder abuse.--Issues related to
child and elder abuse may be addressed as part of a
comprehensive programmatic approach implemented under a
grant under this section.
[(d) Requirements of Grantees.--
[(1) Limitation on administrative expenses.--A
grantee shall not use more than 10 percent of the
amounts received under a grant under this section for
administrative expenses.
[(2) Contribution of funds.--A grantee under this
section, and any entity receiving assistance under the
grant for training and education, shall contribute non-
Federal funds, either directly or through in-kind
contributions, to the costs of the activities to be
funded under the grant in an amount that is not less
than 25 percent of the total cost of such activities.
[(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $3,000,000 for
each of fiscal years 2007 through 2011. Amounts appropriated
under this subsection shall remain available until expended.]
* * * * * * *
----------
UNITED STATES HOUSING ACT OF 1937
TITLE I--GENERAL PROGRAM OF ASSISTED HOUSING
* * * * * * *
CONTRACT PROVISIONS AND REQUIREMENTS
Sec. 6. (a) * * *
* * * * * * *
(c) Every contract for contributions shall provide that--
(1) * * *
* * * * * * *
[(3) the public housing agency shall not deny
admission to the project to any applicant on the basis
that the applicant is or has been a victim of domestic
violence, dating violence, or stalking if the applicant
otherwise qualifies for assistance or admission, and
that nothing in this section shall be construed to
supersede any provision of any Federal, State, or local
law that provides greater protection than this section
for victims of domestic violence, dating violence, or
stalking]
[(4)] (3) the public housing agency shall promptly
notify (i) any applicant determined to be ineligible
for admission to the project of the basis for such
determination and provide the applicant upon request,
within a reasonable time after the determination is
made, with an opportunity for an informal hearing on
such determination, and (ii) any applicant determined
to be eligible for admission to the project of the
approximate date of occupancy insofar as such date can
be reasonably determined;
[(5)] (4) the public housing agency shall comply
with such procedures and requirements as the Secretary
may prescribe to assure that sound management practices
will be followed in the operation of the project,
including requirements pertaining to--
(A) * * *
* * * * * * *
(l) Each public housing agency shall utilize leases which--
(1) * * *
* * * * * * *
(5) require that the public housing agency may not
terminate the tenancy except for serious or repeated
violation of the terms or conditions of the lease or
for other good cause[, and that an incident or
incidents of actual or threatened domestic violence,
dating violence, or stalking will not be construed as a
serious or repeated violation of the lease by the
victim or threatened victim of that violence and will
not be good cause for terminating the tenancy or
occupancy rights of the victim of such violence];
(6) provide that any criminal activity that
threatens the health, safety, or right to peaceful
enjoyment of the premises by other tenants or any drug-
related criminal activity on or off such premises,
engaged in by a public housing tenant, any member of
the tenant's household, or any guest or other person
under the tenant's control, shall be cause for
termination of tenancy[; except that: (A) criminal
activity directly relating to domestic violence, dating
violence, or stalking, engaged in by a member of a
tenant's household or any guest or other person under
the tenant's control, shall not be cause for
termination of the tenancy or occupancy rights, if the
tenant or immediate member of the tenant's family is a
victim of that domestic violence, dating violence, or
stalking; (B) notwithstanding subparagraph (A) or any
Federal, State, or local law to the contrary, a public
housing agency may bifurcate a lease under this
section, or remove a household member from a lease
under this section, without regard to whether a
household member is a signatory to a lease, in order to
evict, remove, terminate occupancy rights, or terminate
assistance to any individual who is a tenant or lawful
occupant and who engages in criminal acts of physical
violence against family members or others, without
evicting, removing, terminating assistance to, or
otherwise penalizing the victim of such violence who is
also a tenant or lawful occupant and such eviction,
removal, termination of occupancy rights, or
termination of assistance shall be effected in
accordance with the procedures prescribed by Federal,
State, and local law for the termination of leases or
assistance under the relevant program of HUD-assisted
housing; (C) nothing in subparagraph (A) may be
construed to limit the authority of a public housing
agency, when notified, to honor court orders addressing
rights of access to or control of the property,
including civil protection orders issued to protect the
victim and issued to address the distribution or
possession of property among the household members in
cases where a family breaks up; (D) nothing in
subparagraph (A) limits any otherwise available
authority of a public housing agency to evict a tenant
for any violation of a lease not premised on the act or
acts of violence in question against the tenant or a
member of the tenant's household, provided that the
public housing agency does not subject an individual
who is or has been a victim of domestic violence,
dating violence, or stalking to a more demanding
standard than other tenants in determining whether to
evict or terminate; (E) nothing in subparagraph (A) may
be construed to limit the authority of a public housing
agency to terminate the tenancy of any tenant if the
public housing agency can demonstrate an actual and
imminent threat to other tenants or those employed at
or providing service to the property if that tenant's
tenancy is not terminated; and (F) nothing in this
section shall be construed to supersede any provision
of any Federal, State, or local law that provides
greater protection than this section for victims of
domestic violence, dating violence, or stalking.];
* * * * * * *
[(u) Certification and Confidentiality.--
[(1) Certification.--
[(A) In general.--A public housing agency
responding to subsection (l)(5) and (6) may
request that an individual certify via a HUD
approved certification form that the individual
is a victim of domestic violence, dating
violence, or stalking, and that the incident or
incidents in question are bona fide incidents
of such actual or threatened abuse and meet the
requirements set forth in the aforementioned
paragraphs. Such certification shall include
the name of the perpetrator. The individual
shall provide such certification within 14
business days after the individual receives a
request for such certification from the public
housing agency.
[(B) Failure to provide certification.--If
the individual does not provide the
certification within 14 business days after the
individual has received a request in writing
for such certification from the public housing
agency, nothing in this subsection, or in
paragraph (5) or (6) of subsection (l), may be
construed to limit the authority of the public
housing agency to evict any tenant or lawful
occupant that commits violations of a lease.
The public housing agency may extend the 14-day
deadline at its discretion.
[(C) Contents.--An individual may satisfy
the certification requirement of subparagraph
(A) by--
[(i) providing the requesting
public housing agency with
documentation signed by an employee,
agent, or volunteer of a victim service
provider, an attorney, or a medical
professional, from whom the victim has
sought assistance in addressing
domestic violence, dating violence, or
stalking, or the effects of the abuse,
in which the professional attests under
penalty of perjury (28 U.S.C. 1746) to
the professional's belief that the
incident or incidents in question are
bona fide incidents of abuse, and the
victim of domestic violence, dating
violence, or stalking has signed or
attested to the documentation; or
[(ii) producing a Federal, State,
tribal, territorial, or local police or
court record.
[(D) Limitation.--Nothing in this
subsection shall be construed to require any
public housing agency to demand that an
individual produce official documentation or
physical proof of the individual's status as a
victim of domestic violence, dating violence,
or stalking in order to receive any of the
benefits provided in this section. At the
public housing agency's discretion, a public
housing agency may provide benefits to an
individual based solely on the individual's
statement or other corroborating evidence.
[(E) Preemption.--Nothing in this section
shall be construed to supersede any provision
of any Federal, State, or local law that
provides greater protection than this section
for victims of domestic violence, dating
violence, or stalking.
[(F) Compliance not sufficient to
constitute evidence of unreasonable act.--
Compliance with this statute by a public
housing agency, or assisted housing provider
based on the certification specified in
subparagraphs (A) and (B) of this subsection or
based solely on the victim's statement or other
corroborating evidence, as permitted by
subparagraph (D) of this subsection, shall not
alone be sufficient to constitute evidence of
an unreasonable act or omission by a public
housing agency or employee thereof. Nothing in
this subparagraph shall be construed to limit
liability for failure to comply with the
requirements of subsection (l)(5) and (6).
[(2) Confidentiality.--
[(A) In general.--All information provided
to any public housing agency pursuant to
paragraph (1), including the fact that an
individual is a victim of domestic violence,
dating violence, or stalking, shall be retained
in confidence by such public housing agency,
and shall neither be entered into any shared
database nor provided to any related entity,
except to the extent that disclosure is--
[(i) requested or consented to by
the individual in writing;
[(ii) required for use in an
eviction proceeding under subsection
(l)(5) or (6); or
[(iii) otherwise required by
applicable law.
[(B) Notification.--Public housing agencies
must provide notice to tenants assisted under
section 6 of the United States Housing Act of
1937 of their rights under this subsection and
subsection (l)(5) and (6), including their
right to confidentiality and the limits
thereof.
[(3) Definitions.--For purposes of this subsection,
subsection (c)(3), and subsection (l)(5) and (6)--
[(A) the term ``domestic violence'' has the
same meaning given the term in section 40002 of
the Violence Against Women Act of 1994;
[(B) the term ``dating violence'' has the
same meaning given the term in section 40002 of
the Violence Against Women Act of 1994;
[(C) the term ``stalking'' means--
[(i)(I) to follow, pursue, or
repeatedly commit acts with the intent
to kill, injure, harass, or intimidate;
or
[(II) to place under surveillance
with the intent to kill, injure,
harass, or intimidate another person;
and
[(ii) in the course of, or as a
result of, such following, pursuit,
surveillance, or repeatedly committed
acts, to place a person in reasonable
fear of the death of, or serious bodily
injury to, or to cause substantial
emotional harm to--
[(I) that person;
[(II) a member of the
immediate family of that
person; or
[(III) the spouse or
intimate partner of that
person; and
[(D) the term ``immediate family member''
means, with respect to a person--
[(i) a spouse, parent, brother or
sister, or child of that person, or an
individual to whom that person stands
in loco parentis; or
[(ii) any other person living in
the household of that person and
related to that person by blood or
marriage.]
* * * * * * *
LOWER INCOME HOUSING ASSISTANCE
Sec. 8. (a) * * *
* * * * * * *
(c)(1) * * *
* * * * * * *
[(9)(A) That an applicant or participant is or has
been a victim of domestic violence, dating violence, or
stalking is not an appropriate basis for denial of
program assistance or for denial of admission, if the
applicant otherwise qualifies for assistance or
admission.
[(B) An incident or incidents of actual or
threatened domestic violence, dating violence, or
stalking will not be construed as a serious or repeated
violation of the lease by the victim or threatened
victim of that violence and shall not be good cause for
terminating the assistance, tenancy, or occupancy
rights of the victim of such violence.
[(C)(i) Criminal activity directly relating to
domestic violence, dating violence, or stalking,
engaged in by a member of a tenant's household or any
guest or other person under the tenant's control shall
not be cause for termination of assistance, tenancy, or
occupancy rights if the tenant or an immediate member
of the tenant's family is the victim or threatened
victim of that domestic violence, dating violence, or
stalking.
[(ii) Notwithstanding clause (i) or any Federal, State, or
local law to the contrary, an owner or manager may bifurcate a
lease under this section, or remove a household member from a
lease under this section, without regard to whether a household
member is a signatory to a lease, in order to evict, remove,
terminate occupancy rights, or terminate assistance to any
individual who is a tenant or lawful occupant and who engages
in criminal acts of physical violence against family members or
others, without evicting, removing, terminating assistance to,
or otherwise penalizing the victim of such violence who is also
a tenant or lawful occupant. Such eviction, removal,
termination of occupancy rights, or termination of assistance
shall be effected in accordance with the procedures prescribed
by Federal, State, and local law for the termination of leases
or assistance under the relevant program of HUD-assisted
housing.
[(iii) Nothing in clause (i) may be construed to
limit the authority of a public housing agency, owner,
or manager, when notified, to honor court orders
addressing rights of access to or control of the
property, including civil protection orders issued to
protect the victim and issued to address the
distribution or possession of property among the
household members in cases where a family breaks up.
[(iv) Nothing in clause (i) limits any otherwise
available authority of an owner or manager to evict or
the public housing agency to terminate assistance to a
tenant for any violation of a lease not premised on the
act or acts of violence in question against the tenant
or a member of the tenant's household, provided that
the owner or manager does not subject an individual who
is or has been a victim of domestic violence, dating
violence, or stalking to a more demanding standard than
other tenants in determining whether to evict or
terminate.
[(v) Nothing in clause (i) may be construed to
limit the authority of an owner, manager, or public
housing agency to evict or terminate from assistance
any tenant or lawful occupant if the owner, manager or
public housing agency can demonstrate an actual and
imminent threat to other tenants or those employed at
or providing service to the property if that tenant is
not evicted or terminated from assistance.
[(vi) Nothing in this section shall be construed to
supersede any provision of any Federal, State, or local
law that provides greater protection than this section
for victims of domestic violence, dating violence, or
stalking.]
(d)(1) Contracts to make assistance payments entered into
by a public housing agency with an owner of existing housing
units shall provide (with respect to any unit) that--
(A) the selection of tenants shall be the
function of the owner, subject to the annual
contributions contract between the Secretary
and the agency, except that with respect to the
certificate and moderate rehabilitation
programs only, for the purpose of selecting
families to be assisted, the public housing
agency may establish local preferences,
consistent with the public housing agency plan
submitted under section 5A (42 U.S.C. 1437c-1)
by the public housing agency [and that an
applicant or participant is or has been a
victim of domestic violence, dating violence,
or stalking is not an appropriate basis for
denial of program assistance or for denial of
admission if the applicant otherwise qualifies
for assistance or admission];
(B)(i) * * *
(ii) during the term of the lease, the owner shall
not terminate the tenancy except for serious or
repeated violation of the terms and conditions of the
lease, for violation of applicable Federal, State, or
local law, or for other good cause[, and that an
incident or incidents of actual or threatened domestic
violence, dating violence, or stalking will not be
construed as a serious or repeated violation of the
lease by the victim or threatened victim of that
violence and will not be good cause for terminating the
tenancy or occupancy rights of the victim of such
violence];
(iii) during the term of the lease, any criminal
activity that threatens the health, safety, or right to
peaceful enjoyment of the premises by other tenants,
any criminal activity that threatens the health,
safety, or right to peaceful enjoyment of their
residences by persons residing in the immediate
vicinity of the premises, or any drug-related criminal
activity on or near such premises, engaged in by a
tenant of any unit, any member of the tenant's
household, or any guest or other person under the
tenant's control, shall be cause for termination of
tenancy[, except that: (I) criminal activity directly
relating to domestic violence, dating violence, or
stalking, engaged in by a member of a tenant's
household or any guest or other person under the
tenant's control, shall not be cause for termination of
the tenancy or occupancy rights or program assistance,
if the tenant or immediate member of the tenant's
family is a victim of that domestic violence, dating
violence, or stalking; (II) Notwithstanding subclause
(I) or any Federal, State, or local law to the
contrary, a public housing agency may terminate
assistance to, or an owner or manager may bifurcate a
lease under this section, or remove a household member
from a lease under this section, without regard to
whether a household member is a signatory to a lease,
in order to evict, remove, terminate occupancy rights,
or terminate assistance to any individual who is a
tenant or lawful occupant and who engages in criminal
acts of physical violence against family members or
others, without evicting, removing, terminating
assistance to, or otherwise penalizing the victim of
such violence who is also a tenant or lawful occupant.
Such eviction, removal, termination of occupancy
rights, or termination of assistance shall be effected
in accordance with the procedures prescribed by
Federal, State, and local law for the termination of
leases or assistance under the relevant program of HUD-
assisted housing. (III) nothing in subclause (I) may be
construed to limit the authority of a public housing
agency, owner, or manager, when notified, to honor
court orders addressing rights of access to or control
of the property, including civil protection orders
issued to protect the victim and issued to address the
distribution or possession of property among the
household members in cases where a family breaks up;
(IV) nothing in subclause (I) limits any otherwise
available authority of an owner or manager to evict or
the public housing agency to terminate assistance to a
tenant for any violation of a lease not premised on the
act or acts of violence in question against the tenant
or a member of the tenant's household, provided that
the owner, manager, or public housing agency does not
subject an individual who is or has been a victim of
domestic violence, dating violence, or stalking to a
more demanding standard than other tenants in
determining whether to evict or terminate; (V) nothing
in subclause (I) may be construed to limit the
authority of an owner or manager to evict, or the
public housing agency to terminate assistance, to any
tenant if the owner, manager, or public housing agency
can demonstrate an actual and imminent threat to other
tenants or those employed at or providing service to
the property if that tenant is not evicted or
terminated from assistance; and (VI) nothing in this
section shall be construed to supersede any provision
of any Federal, State, or local law that provides
greater protection than this section for victims of
domestic violence, dating violence, or stalking.];
* * * * * * *
(f) As used in this section--
(1) * * *
* * * * * * *
(6) the term ``project-based assistance'' means
rental assistance under subsection (b) that is attached
to the structure pursuant to subsection (d)(2) or
(o)(13); and
(7) the term ``tenant-based assistance'' means
rental assistance under subsection (o) that is not
project-based assistance and that provides for the
eligible family to select suitable housing and to move
to other suitable housing[;].
[(8) the term ``domestic violence'' has the same
meaning given the term in section 40002 of the Violence
Against Women Act of 1994;
[(9) the term ``dating violence'' has the same
meaning given the term in section 40002 of the Violence
Against Women Act of 1994;
[(10) the term ``stalking'' means--
[(A)(i) to follow, pursue, or repeatedly
commit acts with the intent to kill, injure,
harass, or intimidate another person; or
[(ii) to place under surveillance with the
intent to kill, injure, harass, or intimidate
another person; and
[(B) in the course of, or as a result of,
such following, pursuit, surveillance, or
repeatedly committed acts, to place a person in
reasonable fear of the death of, or serious
bodily injury to, or to cause substantial
emotional harm to--
[(i) that person;
[(ii) a member of the immediate
family of that person; or
[(iii) the spouse or intimate
partner of that person; and
[(11) the term ``immediate family member'' means,
with respect to a person--
[(A) a spouse, parent, brother or sister,
or child of that person, or an individual to
whom that person stands in loco parentis; or
[(B) any other person living in the
household of that person and related to that
person by blood or marriage.]
* * * * * * *
(o) Voucher Program.--
(1) * * *
* * * * * * *
(6) Selection of families and disapproval of
owners.--
(A) * * *
(B) Selection of tenants.--Each housing
assistance payment contract entered into by the
public housing agency and the owner of a
dwelling unit) shall provide that the screening
and selection of families for those units shall
be the function of the owner. In addition, the
public housing agency may elect to screen
applicants for the program in accordance with
such requirements as the Secretary may
establish. [That an applicant or participant is
or has been a victim of domestic violence,
dating violence, or stalking is not an
appropriate basis for denial of program
assistance by or for denial of admission if the
applicant otherwise qualifies for assistance
for admission, and that nothing in this section
shall be construed to supersede any provision
of any Federal, State, or local law that
provides greater protection than this section
for victims of domestic violence, dating
violence, or stalking.]
* * * * * * *
(7) Leases and tenancy.--Each housing assistance
payment contract entered into by the public housing
agency and the owner of a dwelling unit--
(A) * * *
* * * * * * *
(C) shall provide that during the term of
the lease, the owner shall not terminate the
tenancy except for serious or repeated
violation of the terms and conditions of the
lease, for violation of applicable Federal,
State, or local law, or for other good cause,
[and that an incident or incidents of actual or
threatened domestic violence, dating violence,
or stalking shall not be construed as a serious
or repeated violation of the lease by the
victim or threatened victim of that violence
and shall not be good cause for terminating the
tenancy or occupancy rights of the victim of
such violence] and in the case of an owner who
is an immediate successor in interest pursuant
to foreclosure during the term of the lease
vacating the property prior to sale shall not
constitute other good cause, except that the
owner may terminate the tenancy effective on
the date of transfer of the unit to the owner
if the owner--
(i) * * *
* * * * * * *
(D) shall provide that during the term of
the lease, any criminal activity that threatens
the health, safety, or right to peaceful
enjoyment of the premises by other tenants, any
criminal activity that threatens the health,
safety, or right to peaceful enjoyment of their
residences by persons residing in the immediate
vicinity of the premises, or any violent or
drug-related criminal activity on or near such
premises, engaged in by a tenant of any unit,
any member of the tenant's household, or any
guest or other person under the tenant's
control, shall be cause for termination of
tenancy[; except that (i) criminal activity
directly relating to domestic violence, dating
violence, or stalking, engaged in by a member
of a tenant's household or any guest or other
person under the tenant's control shall not be
cause for termination of the tenancy or
occupancy rights, if the tenant or immediate
member of the tenant's family is a victim of
that domestic violence, dating violence, or
stalking; (ii) Limitation.--Notwithstanding
clause (i) or any Federal, State, or local law
to the contrary, a public housing agency may
terminate assistance to, or an owner or manager
may bifurcate a lease under this section, or
remove a household member from a lease under
this section, without regard to whether a
household member is a signatory to a lease, in
order to evict, remove, terminate occupancy
rights, or terminate assistance to any
individual who is a tenant or lawful occupant
and who engages in criminal acts of physical
violence against family members or others,
without evicting, removing, terminating
assistance to, or otherwise penalizing the
victim of such violence who is also a tenant or
lawful occupant. Such eviction, removal,
termination of occupancy rights, or termination
of assistance shall be effected in accordance
with the procedures prescribed by Federal,
State, and local law for the termination of
leases or assistance under the relevant program
of HUD-assisted housing (iii) nothing in clause
(i) may be construed to limit the authority of
a public housing agency, owner, or manager,
when notified, to honor court orders addressing
rights of access or control of the property,
including civil protection orders issued to
protect the victim and issued to address the
distribution or possession of property among
the household members in cases where a family
breaks up; (iv) nothing in clause (i) limits
any otherwise available authority of an owner
or manager to evict or the public housing
agency to terminate assistance to a tenant for
any violation of a lease not premised on the
act or acts of violence in question against the
tenant or a member of the tenant's household,
provided that the owner, manager, or public
housing agency does not subject an individual
who is or has been a victim of domestic
violence, dating violence, or stalking to a
more demanding standard than other tenants in
determining whether to evict or terminate; (v)
nothing in clause (i) may be construed to limit
the authority of an owner or manager to evict,
or the public housing agency to terminate
assistance to any tenant if the owner, manager,
or public housing agency can demonstrate an
actual and imminent threat to other tenants or
those employed at or providing service to the
property if that tenant is not evicted or
terminated from assistance; and (vi) nothing in
this section shall be construed to supersede
any provision of any Federal, State, or local
law that provides greater protection than this
section for victims of domestic violence,
dating violence, or stalking.];
* * * * * * *
[(20) Prohibited basis for termination of assistance.--
[(A) In general.--A public housing agency may not
terminate assistance to a participant in the voucher
program on the basis of an incident or incidents of
actual or threatened domestic violence, dating
violence, or stalking against that participant.
[(B) Construal of lease provisions.--Criminal
activity directly relating to domestic violence, dating
violence, or stalking shall not be considered a serious
or repeated violation of the lease by the victim or
threatened victim of that criminal activity justifying
termination of assistance to the victim or threatened
victim.
[(C) Termination on the basis of criminal
activity.--Criminal activity directly relating to
domestic violence, dating violence, or stalking shall
not be considered cause for termination of assistance
for any participant or immediate member of a
participant's family who is a victim of the domestic
violence, dating violence, or stalking.
[(D) Exceptions.--
[(i) Public housing authority right to
terminate for criminal acts.--Nothing in
subparagraph (A), (B), or (C) may be construed
to limit the authority of the public housing
agency to terminate voucher assistance to
individuals who engage in criminal acts of
physical violence against family members or
others.
[(ii) Compliance with court orders.--
Nothing in subparagraph (A), (B), or (C) may be
construed to limit the authority of a public
housing agency, when notified, to honor court
orders addressing rights of access to or
control of the property, including civil
protection orders issued to protect the victim
and issued to address the distribution or
possession of property among the household
members in cases where a family breaks up.
[(iii) Public housing authority right to
terminate voucher assistance for lease
violations.--Nothing in subparagraph (A), (B),
or (C) limit any otherwise available authority
of the public housing agency to terminate
voucher assistance to a tenant for any
violation of a lease not premised on the act or
acts of violence in question against the tenant
or a member of the tenant's household, provided
that the public housing agency does not subject
an individual who is or has been a victim of
domestic violence, dating violence, or stalking
to a more demanding standard than other tenants
in determining whether to terminate.
[(iv) Public housing authority right to
terminate voucher assistance for imminent
threat.--Nothing in subparagraph (A), (B), or
(C) may be construed to limit the authority of
the public housing agency to terminate voucher
assistance to a tenant if the public housing
agency can demonstrate an actual and imminent
threat to other tenants or those employed at or
providing service to the property or public
housing agency if that tenant is not evicted or
terminated from assistance.
[(v) Preemption.--Nothing in this section
shall be construed to supersede any provision
of any Federal, State, or local law that
provides greater protection than this section
for victims of domestic violence, dating
violence, or stalking.]
* * * * * * *
[(ee) Certification and Confidentiality.--
[(1) Certification.--
[(A) In general.--An owner, manager, or
public housing agency responding to subsections
(c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii),
(o)(7)(C), (o)(7)(D), (o)(20), and (r)(5) may
request that an individual certify via a HUD
approved certification form that the individual
is a victim of domestic violence, dating
violence, or stalking, and that the incident or
incidents in question are bona fide incidents
of such actual or threatened abuse and meet the
requirements set forth in the aforementioned
paragraphs. Such certification shall include
the name of the perpetrator. The individual
shall provide such certification within 14
business days after the individual receives a
request for such certification from the owner,
manager, or public housing agency.
[(B) Failure to provide certification.--If
the individual does not provide the
certification within 14 business days after the
individual has received a request in writing
for such certification for the owner, manager,
or public housing agency, nothing in this
subsection or in subsection (c)(9),
(d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C),
(o)(7)(D), (o)(20), or (r)(5) may be construed
to limit the authority of an owner or manager
to evict, or the public housing agency or
assisted housing provider to terminate voucher
assistance for, any tenant or lawful occupant
that commits violations of a lease. The owner,
manager or public housing agency may extend the
14-day deadline at their discretion.
[(C) Contents.--An individual may satisfy
the certification requirement of subparagraph
(A) by--
[(i) providing the requesting
owner, manager, or public housing
agency with documentation signed by an
employee, agent, or volunteer of a
victim service provider, an attorney,
or a medical professional, from whom
the victim has sought assistance in
addressing domestic violence, dating
violence, or stalking, or the effects
of the abuse, in which the professional
attests under penalty of perjury (28
U.S.C. 1746) to the professional's
belief that the incident or incidents
in question are bona fide incidents of
abuse, and the victim of domestic
violence, dating violence, or stalking
has signed or attested to the
documentation; or
[(ii) producing a Federal, State,
tribal, territorial, or local police or
court record.
[(D) Limitation.--Nothing in this
subsection shall be construed to require an
owner, manager, or public housing agency to
demand that an individual produce official
documentation or physical proof of the
individual's status as a victim of domestic
violence, dating violence, or stalking in order
to receive any of the benefits provided in this
section. At their discretion, the owner,
manager, or public housing agency may provide
benefits to an individual based solely on the
individual's statement or other corroborating
evidence.
[(E) Compliance not sufficient to
constitute evidence of unreasonable act.--
Compliance with this statute by an owner,
manager or public housing agency based on the
certification specified in paragraphs (1)(A)
and (B) of this subsection or based solely on
the victim's statement or other corroborating
evidence, as permitted by paragraph (1)(C) of
this subsection, shall not alone be sufficient
to constitute evidence of an unreasonable act
or omission by an owner, manger, public housing
agency, or employee thereof. Nothing in this
subparagraph shall be construed to limit
liability for failure to comply with the
requirements of subsection (c)(9),
(d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C),
(o)(7)(D), (o)(20), or (r)(5).
[(F) Preemption.--Nothing in this section
shall be construed to supersede any provision
of any Federal, State, or local law that
provides greater protection than this section
for victims of domestic violence, dating
violence, or stalking.
[(2) Confidentiality.--
[(A) In general.--All information provided
to an owner, manager, or public housing agency
pursuant to paragraph (1), including the fact
that an individual is a victim of domestic
violence, dating violence, or stalking, shall
be retained in confidence by an owner, manager,
or public housing agency, and shall neither be
entered into any shared database nor provided
to any related entity, except to the extent
that disclosure is--
[(i) requested or consented to by
the individual in writing;
[(ii) required for use in an
eviction proceeding under subsection
(c)(9), (d)(1)(B(ii), (d)(1)(B)(iii),
(o)(7)(C), (o)(7)(D), or (o)(20),; or
[(iii) otherwise required by
applicable law.
[(B) Notification.--Public housing agencies
must provide notice to tenants assisted under
Section 8 of the United States Housing Act of
1937 of their rights under this subsection and
subsections (c)(9), (d)(1)(B(ii),
(d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20),
and (r)(5), including their right to
confidentiality and the limits thereof, and to
owners and managers of their rights and
obligations under this subsection and
subsections (c)(9), (d)(1)(B(ii),
(d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20),
and (r)(5).]
* * * * * * *
----------
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE II--IMMIGRATION
Chapter 1--Selection System
* * * * * * *
PROCEDURE FOR GRANTING IMMIGRANT STATUS
Sec. 204. (a)(1)(A)(i) * * *
* * * * * * *
(iii)(I) * * *
* * * * * * *
(III)(aa) Upon filing, each
petition under this clause
shall be transferred to a local
office of United States
Citizenship and Immigration
Services and assigned to an
investigative officer for
adjudication and final
determination of eligibility.
(bb) During the
adjudication of each petition
under this paragraph, an
investigative officer from a
local office of United States
Citizenship and Immigration
Services shall conduct an in-
person interview of the alien
who filed the petition. The
investigative officer may also
gather other evidence and
interview other witnesses,
including the accused United
States citizen or lawful
permanent resident, if they
consent to be interviewed.
(cc) All interviews under
this clause shall be conducted
under oath and subject to
applicable penalties for
perjury.
(dd) Upon the conclusion of
the adjudication process under
this subparagraph, the
investigative officer shall
issue a final written
determination to approve or
deny the petition. The
investigative officer shall not
approve the petition unless the
officer finds, in writing and
with particularity, that all
requirements under this
paragraph, including proof that
the alien is a victim of the
conduct described in clause
(iii)(I)(bb), have been proven
by clear and convincing
evidence.
(IV) During the
adjudication of a petition
under this clause--
(aa) the petition
shall not be granted
unless the petition is
supported by clear and
convincing evidence;
and
(bb) all credible
evidence submitted by
an accused national of
the United States or
alien lawfully admitted
for permanent residence
shall be considered.
(V)(aa) During the
adjudication of a petition
under this paragraph, the
investigative officer at the
local office of United States
Citizenship and Immigration
Services shall determine
whether any Federal, State,
territorial, tribal, or local
law enforcement agency has
undertaken an investigation or
prosecution of the abusive
conduct alleged by the
petitioning alien.
(bb) If an investigation or
prosecution was commenced, the
investigative officer shall--
(AA) obtain as much
information as possible
about the investigation
or prosecution; and
(BB) consider that
information as part of
the adjudication of the
petition.
(cc) If an investigation or
prosecution is pending, the
adjudication of the petition
shall be stayed pending the
conclusion of the investigation
or prosecution. If no
investigation has been
undertaken or if a prosecutor's
office has not commenced a
prosecution after the matter
was referred to it, that fact
shall be considered by the
investigative officer as part
of the adjudication of the
petition.
(VI)(aa) If an
investigative officer makes a
written finding that the
petitioning alien made a
material misrepresentation on a
petition, during an interview,
or during any other aspect of
the adjudication--
(AA) the alien's
petition shall be
denied and the alien
shall be removed from
the country on an
expedited basis;
(BB) the alien
shall be permanently
ineligible for any
lawful immigration
status or benefits;
(CC) any public
assistance or other
public benefits
received by the alien
or the alien's
beneficiaries shall be
immediately
discontinued; and
(DD) the alien and
the alien's
beneficiaries shall not
be eligible for any
programs or initiatives
undertaken by the
Department of Homeland
Security or any other
agency or department to
delay or exempt
removal, including
deferred action.
(bb) Upon receiving any
evidence of any material
misrepresentation on a
petition, during an interview,
or during any other aspect of
the adjudication, the
appropriate officer of United
States Citizenship and
Immigration Services and the
Secretary of Homeland Security
shall--
(AA) deny the
petition and process
the alien for expedited
removal, pursuant to
item (aa)(AA); and
(BB) refer the
matter and all evidence
to the Federal Bureau
of Investigation for a
criminal investigation.
(VII) If a petition filed
under this paragraph is denied,
any obligations under an
underlying affidavit of support
previously filed by the accused
national of the United States
or alien lawfully admitted for
permanent residence shall be
terminated.
(iv) An alien who is the child of a citizen of the United
States, or who was a child of a United States citizen parent
who within the past 2 years lost or renounced citizenship
status related to an incident of domestic violence, and who is
a person of good moral character, who is eligible to be
classified as an immediate relative under section
201(b)(2)(A)(i), and who resides, or has resided in the past,
with the citizen parent may file a petition with the Attorney
General under this subparagraph for classification of the alien
(and any child of the alien) under such section if the alien
demonstrates to the Attorney General that the alien has been
battered by or has been the subject of extreme cruelty
perpetrated by the alien's citizen parent. For purposes of this
clause, residence includes any period of visitation. The
petition shall be adjudicated according to the procedures that
apply to self-petitioners under clause (iii).
* * * * * * *
(vii) An alien may file a petition with the Secretary of
Homeland Security under this subparagraph for classification of
the alien under section 201(b)(2)(A)(i) if the alien--
(I) * * *
* * * * * * *
(V) demonstrates that the alien has been battered
or subject to extreme cruelty by the citizen daughter
or son. The petition shall be adjudicated according to
the procedures that apply to self-petitioners under
clause (iii).
* * * * * * *
(B)(i) * * *
(ii)(I) * * *
* * * * * * *
(III)(aa) Upon filing, each
petition under this clause
shall be transferred to a local
office of United States
Citizenship and Immigration
Services and assigned to an
investigative officer for
adjudication and final
determination of eligibility.
(bb) During the
adjudication of each petition
under this paragraph, an
investigative officer from a
local office of United States
Citizenship and Immigration
Services shall conduct an in-
person interview of the alien
who filed the petition. The
investigative officer may also
gather other evidence and
interview other witnesses,
including the accused United
States citizen or lawful
permanent resident, if they
consent to be interviewed.
(cc) All interviews under
this clause shall be conducted
under oath and subject to
applicable penalties for
perjury.
(dd) Upon the conclusion of
the adjudication process under
this subparagraph, the
investigative officer shall
issue a final written
determination to approve or
deny the petition. The
investigative officer shall not
approve the petition unless the
officer finds, in writing and
with particularity, that all
requirements under this
paragraph, including proof that
the alien is a victim of the
conduct described in clause
(ii)(I)(bb), have been proven
by clear and convincing
evidence.
(IV) During the
adjudication of a petition
under this clause--
(aa) the petition
shall not be granted
unless the petition is
supported by clear and
convincing evidence;
and
(bb) all credible
evidence submitted by
an accused national of
the United States or
alien lawfully admitted
for permanent residence
shall be considered.
(V)(aa) During the
adjudication of a petition
under this clause, the
investigative officer at the
local office of United States
Citizenship and Immigration
Services shall determine
whether any Federal, State,
territorial, tribal, or local
law enforcement agency has
undertaken an investigation or
prosecution of the abusive
conduct alleged by the
petitioning alien.
(bb) If an investigation or
prosecution was commenced, the
investigative officer shall--
(AA) obtain as much
information as possible
about the investigation
or prosecution; and
(BB) consider that
information as part of
the adjudication of the
petition.
(cc) If an investigation or
prosecution is pending, the
adjudication of the petition
shall be stayed pending the
conclusion of the investigation
or prosecution. If no
investigation has been
undertaken or if a prosecutor's
office has not commenced a
prosecution after the matter
was referred to it, that fact
shall be considered by the
investigative officer as part
of the adjudication of the
petition.
(VI)(aa) If an
investigative officer makes a
written finding that the
petitioning alien made a
material misrepresentation on a
petition, during an interview,
or during any other aspect of
the adjudication--
(AA) the alien's
petition shall be
denied and the alien
shall be removed from
the country on an
expedited basis;
(BB) the alien
shall be permanently
ineligible for any
lawful immigration
status or benefits;
(CC) any public
assistance or other
public benefits
received by the alien
or the alien's
beneficiaries shall be
immediately
discontinued; and
(DD) the alien and
the alien's
beneficiaries shall not
be eligible for any
programs or initiatives
undertaken by the
Department of Homeland
Security or any other
agency or department to
delay or exempt
removal, including
deferred action.
(bb) Upon receiving any
evidence of any material
misrepresentation on a
petition, during an interview,
or during any other aspect of
the adjudication, the
appropriate officer of United
States Citizenship and
Immigration Services and the
Secretary of Homeland Security
shall--
(AA) deny the
petition and process
the alien for expedited
removal, pursuant to
subclause (VI)(aa)(AA);
and
(BB) refer the
matter and all evidence
to the Federal Bureau
of Investigation for a
criminal investigation.
(VII) If a petition filed
under this clause is denied,
any obligations under an
underlying affidavit of support
previously filed by the accused
national of the United States
or alien lawfully admitted for
permanent residence shall be
terminated.
(iii) An alien who is the child of an alien lawfully
admitted for permanent residence, or who was the child of a
lawful permanent resident who within the past 2 years lost
lawful permanent resident status due to an incident of domestic
violence, and who is a person of good moral character, who is
eligible for classification under section 203(a)(2)(A), and who
resides, or has resided in the past, with the alien's permanent
resident alien parent may file a petition with the Attorney
General under this subparagraph for classification of the alien
(and any child of the alien) under such section if the alien
demonstrates to the Attorney General that the alien has been
battered by or has been the subject of extreme cruelty
perpetrated by the alien's permanent resident parent. The
petition shall be adjudicated according to the procedures that
apply to self-petitioners under clause (ii).
* * * * * * *
(l) Surviving Relative Consideration for Certain Petitions
and Applications.--
(1) * * *
(2) Alien described.--An alien described in this
paragraph is an alien who, immediately prior to the
death of his or her qualifying relative, was--
(A) * * *
* * * * * * *
(E) an alien admitted in ``T'' nonimmigrant
status as described in section
101(a)(15)(T)(ii) [or in ``U'' nonimmigrant
status as described in section
101(a)(15)(U)(ii); or];
(F) a child of an alien who filed a pending
or approved petition for classification or
application for adjustment of status or other
benefit specified in section 101(a)(51) as a
VAWA self-petitioner; or
[(F)] (G) an asylee (as described in
section 208(b)(3)).
* * * * * * *
Chapter 2--Qualifications for Admission of Aliens; Travel Control of
Citizens and Aliens
* * * * * * *
GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE
FOR ADMISSION; WAIVERS OF INADMISSIBILITY
Sec. 212. (a) Classes of Aliens Ineligible for Visas or
Admission.--Except as otherwise provided in this Act, aliens
who are inadmissible under the following paragraphs are
ineligible to receive visas and ineligible to be admitted to
the United States:
(1) * * *
* * * * * * *
(4) Public charge.--
(A) * * *
* * * * * * *
(E) Special rule for qualified alien
victims.--Subparagraphs (A), (B), and (C) shall
not apply to an alien who--
(i) is a VAWA self-petitioner;
(ii) is an applicant for, or is
granted, nonimmigrant status under
section 101(a)(15)(U); or
(iii) is a qualified alien
described in section 431(c) of the
Personal Responsibility and Work
Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(c)).
* * * * * * *
ADMISSION OF NONIMMIGRANTS
Sec. 214. (a) * * *
* * * * * * *
(d)(1) A visa shall not be issued under the provisions of
section 101(a)(15)(K)(i) until the consular officer has
received a petition filed in the United States by the fiancee
or fiance of the applying alien and approved by the Secretary
of Homeland Security. The petition shall be in such form and
contain such information as the Secretary of Homeland Security
shall, by regulation, prescribe. Such information shall include
information on any criminal convictions of the petitioner for
any specified [crime.] crime described in paragraph (3)(B) and
information on any permanent protection or restraining order
issued against the petitioner related to any specified crime
described in paragraph (3)(B)(i). It shall be approved only
after satisfactory evidence is submitted by the petitioner to
establish that the parties have previously met in person within
2 years before the date of filing the petition, have a bona
fide intention to marry, and are legally able and actually
willing to conclude a valid marriage in the United States
within a period of ninety days after the alien's arrival,
except that the Secretary of Homeland Security in his
discretion may waive the requirement that the parties have
previously met in person. In the event the marriage with the
petitioner does not occur within three months after the
admission of the said alien and minor children, they shall be
required to depart from the United States and upon failure to
do so shall be removed in accordance with sections 240 and 241.
* * * * * * *
(3) In this subsection:
(A) * * *
(B) The term ``specified crime'' means the
following:
(i) Domestic violence, sexual assault,
child abuse and neglect, dating violence, elder
[abuse, and stalking.] abuse, stalking, or an
attempt to commit any such crime.
* * * * * * *
(p) Requirements Applicable to Section 101(a)(15)(U)
Visas.--
(1) Petitioning procedures for section
101(a)(15)(u) visas.--[The petition]
(A) In general.--The petition filed by an
alien under section 101(a)(15)(U)(i) shall
contain a certification from a Federal, State,
or local law enforcement official, prosecutor,
judge, or other Federal, State, or local
authority investigating criminal activity
described in section 101(a)(15)(U)(iii). This
certification may also be provided by an
official of the Service whose ability to
provide such certification is not limited to
information concerning immigration violations.
This certification shall state that the alien
``has been helpful, is being helpful, or is
likely to be helpful'' in the investigation or
prosecution of criminal activity described in
section 101(a)(15)(U)(iii).
(B) Certification requirements.--Each
certification submitted under subparagraph (A)
shall confirm under oath that--
(i) the criminal activity is
actively under investigation or a
prosecution has been commenced; and
(ii) the petitioner has provided to
law enforcement information that will
assist in identifying the perpetrator
of the criminal activity or the
perpetrator's identity is known.
(C) Requirement for certification.--No
application for a visa under section
101(a)(15)(U) may be granted unless accompanied
by the certification as described in this
paragraph.
* * * * * * *
(6) Duration of status.--The authorized period of
status of an alien as a nonimmigrant under section
101(a)(15)(U) shall be for a period of not more than 4
years, but shall be extended upon certification from a
Federal, State, or local law enforcement official,
prosecutor, judge, or other Federal, State, or local
authority investigating or prosecuting criminal
activity described in section 101(a)(15)(U)(iii) that
the alien's presence in the United States is required
to assist in the investigation or prosecution of such
criminal activity. The Secretary of Homeland Security
may extend, beyond the 4-year period authorized under
this section, the authorized period of status of an
alien as a nonimmigrant under section 101(a)(15)(U) if
the Secretary determines that an extension of such
period is warranted due to exceptional circumstances.
[Such alien's nonimmigrant status shall be extended
beyond the 4-year period authorized under this section
if the alien is eligible for relief under section
245(m) and is unable to obtain such relief because
regulations have not been issued to implement such
section and shall be extended during the pendency of an
application for adjustment of status under section
245(m).] The Secretary may grant work authorization to
any alien who has a pending, bona fide application for
nonimmigrant status under section 101(a)(15)(U).
(7) Age determinations.--
(A) Children.--An unmarried alien who seeks
to accompany, or follow to join, a parent
granted status under section 101(a)(15)(U)(i),
and who was under 21 years of age on the date
on which such parent petitioned for such
status, shall continue to be classified as a
child for purposes of section
101(a)(15)(U)(ii), if the alien attains 21
years of age after such parent's petition was
filed but while it was pending.
(B) Principal aliens.--An alien described
in clause (i) of section 101(a)(15)(U) shall
continue to be treated as an alien described in
clause (ii)(I) of such section if the alien
attains 21 years of age after the alien's
application for status under such clause (i) is
filed but while it is pending.
* * * * * * *
(r)(1) A visa shall not be issued under the provisions of
section 101(a)(15)(K)(ii) until the consular officer has
received a petition filed in the United States by the spouse of
the applying alien and approved by the Attorney General. The
petition shall be in such form and contain such information as
the Attorney General shall, by regulation, prescribe. Such
information shall include information on any criminal
convictions of the petitioner for any specified [crime.] crime
described in paragraph (5)(B) and information on any permanent
protection or restraining order issued against the petitioner
related to any specified crime described in subsection
(5)(B)(i).
* * * * * * *
(5) In this subsection:
(A) * * *
(B) The term ``specified crime'' means the
following:
(i) Domestic violence, sexual assault,
child abuse and neglect, dating violence, elder
[abuse, and stalking.] abuse, stalking, or an
attempt to commit any such crime.
* * * * * * *
CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN SPOUSES AND
SONS AND DAUGHTERS
Sec. 216. (a) * * *
* * * * * * *
(c) Requirements of Timely Petition and Interview for
Removal of Condition.--
(1) * * *
* * * * * * *
(4) Hardship waiver.--The Secretary of Homeland
Security, in the Attorney General's discretion, may
remove the conditional basis of the permanent resident
status for an alien who fails to meet the requirements
of paragraph (1) if the alien demonstrates that--
(A) extreme hardship would result if such
alien is removed[,];
(B) the qualifying marriage was entered
into in good faith by the alien spouse, but the
qualifying marriage has been terminated (other
than through the death of the spouse) and the
alien was not at fault in failing to meet the
requirements of paragraph [(1), or] (1); or
(C) the qualifying marriage was entered
into in good faith by the alien spouse and
during the marriage the alien spouse or child
was battered by or was the subject of extreme
cruelty perpetrated by his or her spouse or
citizen or permanent resident parent and the
alien was not at fault in failing to meet the
requirements of paragraph (1)[.] ; or
(D) the alien meets the requirements under
section 204(a)(1)(A)(iii)(II)(aa)(BB) and
following the marriage ceremony was battered by
or subject to extreme cruelty perpetrated by
the alien's intended spouse and was not at
fault in failing to meet the requirements of
paragraph (1).
In determining extreme hardship, the Secretary of
Homeland Security shall consider circumstances
occurring only during the period that the alien was
admitted for permanent residence on a conditional
basis. In acting on applications under this paragraph,
the Secretary of Homeland Security shall consider any
credible evidence relevant to the application. The
determination of what evidence is credible and the
weight to be given that evidence shall be within the
sole discretion of the Secretary of Homeland Security.
The Secretary of Homeland Security shall, by
regulation, establish measures to protect the
confidentiality of information concerning any abused
alien spouse or child, including information regarding
the whereabouts of such spouse or child.
* * * * * * *
Chapter 4--Inspection, Apprehension, Examination, Exclusion, and
Removal
* * * * * * *
GENERAL CLASSES OF DEPORTABLE ALIENS
Sec. 237. (a) Classes of Deportable Aliens.--Any alien
(including an alien crewman) in and admitted to the United
States shall, upon the order of the Attorney General, be
removed if the alien is within one or more of the following
classes of deportable aliens:
(1) * * *
(2) Criminal offenses.--
(A) * * *
* * * * * * *
(E) Crimes of domestic violence, stalking,
or violation of protection order, crimes
against children and.--
(i) Domestic violence, stalking,
and child abuse.--Any alien who at any
time after admission is convicted of a
crime of domestic violence, a crime of
stalking, or a crime of child abuse,
child neglect, or child abandonment is
deportable. For purposes of this
clause, the term ``crime of domestic
violence'' means any crime of violence
(as defined in section 16 of title 18,
United States Code) against a person
committed by a current or former spouse
of the person, by an individual with
whom the person shares a child in
common, by an individual who is
cohabiting with or has cohabited with
the person as a spouse, by an
individual similarly situated to a
spouse of the person under the domestic
or family violence laws of the
jurisdiction where the offense occurs,
or by any other individual against a
person who is protected from that
individual's acts under the domestic or
family violence laws of the United
States or any State, Indian tribal
government, or unit of local
government. If the conviction records
do not conclusively establish whether a
crime of domestic violence constitutes
a crime of violence (as defined in
section 16 of title 18, United States
Code), the Attorney General may
consider any other evidence that the
Attorney General determines to be
reliable in making this determination,
including sentencing reports and police
reports.
* * * * * * *
CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS
Sec. 240A. (a) * * *
(b) Cancellation of Removal and Adjustment of Status for
Certain Nonpermanent Residents.--
(1) * * *
(2) Special rule for battered spouse or child.--
(A) * * *
* * * * * * *
[(D) Credible evidence considered.--In
acting on applications under this paragraph,
the Attorney General shall consider any
credible evidence relevant to the application.
The determination of what evidence is credible
and the weight to be given that evidence shall
be within the sole discretion of the Attorney
General.]
(D) Credible evidence considered.--In
acting on applications under this paragraph,
the Attorney General shall consider any
credible evidence relevant to the application,
including credible evidence submitted by a
national of the United States or an alien
lawfully admitted for permanent residence
accused of the conduct described in
subparagraph (A)(i).
* * * * * * *
Chapter 5--Adjustment and Change of Status
ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
Sec. 245. (a) * * *
* * * * * * *
[(m)(1) Secretary of Homeland Security may adjust the
status of an alien admitted into the United States (or
otherwise provided nonimmigrant status) under section
101(a)(15)(U) to that of an alien lawfully admitted for
permanent residence if the alien is not described in section
212(a)(3)(E), unless the Secretary determines based on
affirmative evidence that the alien unreasonably refused to
provide assistance in a criminal investigation or prosecution,
if--
[(A) the alien has been physically present in the
United States for a continuous period of at least 3
years since the date of admission as a nonimmigrant
under clause (i) or (ii) of section 101(a)(15)(U); and
[(B) in the opinion of the Secretary of Homeland
Security, the alien's continued presence in the United
States is justified on humanitarian grounds, to ensure
family unity, or is otherwise in the public interest.
[(2) An alien shall be considered to have failed to
maintain continuous physical presence in the United States
under paragraph (1)(A) if the alien has departed from the
United States for any period in excess of 90 days or for any
periods in the aggregate exceeding 180 days unless the absence
is in order to assist in the investigation or prosecution or
unless an official involved in the investigation or prosecution
certifies that the absence was otherwise justified.
[(3) Upon approval of adjustment of status under paragraph
(1) of an alien described in section 101(a)(15)(U)(i) the
Secretary of Homeland Security may adjust the status of or
issue an immigrant visa to a spouse, a child, or, in the case
of an alien child, a parent who did not receive a nonimmigrant
visa under section 101(a)(15)(U)(ii) if the Secretary considers
the grant of such status or visa necessary to avoid extreme
hardship.
[(4) Upon the approval of adjustment of status under
paragraph (1) or (3), the Secretary of Homeland Security shall
record the alien's lawful admission for permanent residence as
of the date of such approval.
[(5)(A) The Secretary of Homeland Security shall consult
with the Attorney General, as appropriate, in making a
determination under paragraph (1) whether affirmative evidence
demonstrates that the alien unreasonably refused to provide
assistance to a Federal law enforcement official, Federal
prosecutor, Federal judge, or other Federal authority
investigating or prosecuting criminal activity described in
section 101(a)(15)(U)(iii).
[(B) Nothing in paragraph (1)(B) may be construed to
prevent the Secretary from consulting with the Attorney General
in making a determination whether affirmative evidence
demonstrates that the alien unreasonably refused to provide
assistance to a State or local law enforcement official, State
or local prosecutor, State or local judge, or other State or
local authority investigating or prosecuting criminal activity
described in section 101(a)(15)(U)(iii).]
* * * * * * *
----------
INTERNATIONAL MARRIAGE BROKER REGULATION ACT OF 2005
* * * * * * *
TITLE VIII--PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANTS
* * * * * * *
Subtitle D--International Marriage Broker Regulation
* * * * * * *
SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR IMMIGRANTS
AND REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) * * *
(b) Visa and Adjustment Interviews.--
(1) Fiance(e)s, spouses and their derivatives.--
During an interview with an applicant for a K
nonimmigrant visa, a consular officers shall--
(A) provide information, in the primary
language of the visa applicant, on protection
orders [or] and criminal convictions collected
under subsection (a)(5)(A)(iii);
* * * * * * *
(d) Regulation of International Marriage Brokers.--
[(1) Prohibition on marketing children.--An
international marriage broker shall not provide any
individual or entity with the personal contact
information, photograph, or general information about
the background or interests of any individual under the
age of 18.]
(1) Prohibition on marketing of or to children.--
(A) In general.--An international marriage
broker shall not provide any individual or
entity with personal contact information,
photograph, or general information about the
background or interests of any individual under
the age of 18.
(B) Compliance.--To comply with the
requirements of subparagraph (A), an
international marriage broker shall--
(i) obtain a valid copy of each
foreign national client's birth
certificate or other proof of age
document issued by an appropriate
government entity;
(ii) indicate on such certificate
or document the date it was received by
the international marriage broker;
(iii) retain the original of such
certificate or document for 5 years
after such date of receipt; and
(iv) produce such certificate or
document upon request to an appropriate
authority charged with the enforcement
of this paragraph.
(2) Requirements of international marriage brokers
with respect to mandatory collection of background
information.--
(A) * * *
(B) Background information.--The
international marriage broker shall collect a
certification signed (in written, electronic,
or other form) by the United States client
accompanied by documentation or an attestation
of the following background information about
the United States client:
(i) * * *
(ii) Any Federal, State, or local
arrest or conviction of the United
States client for homicide, murder,
manslaughter, assault, battery,
domestic violence, rape, sexual
assault, abusive sexual contact, sexual
exploitation, incest, child abuse or
neglect, torture, trafficking, peonage,
holding hostage, involuntary servitude,
slave trade, kidnapping, abduction,
unlawful criminal restraint, false
imprisonment, [or stalking.] stalking,
or an attempt to commit any such crime.
* * * * * * *
----------
SECTION 384 OF THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT
RESPONSIBILITY ACT OF 1996
SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION.
(a) In General.--Except as provided in subsection (b), in
no case may the Attorney General, or any other official or
employee of the Department of Justice, the Secretary of
Homeland Security, the Secretary of State, or any other
official or employee of the Department of Homeland Security or
Department of State (including any bureau or agency of either
of such Departments)--
(1) * * *
* * * * * * *
unless the alien has been convicted of a crime or
crimes listed in section [241(a)(2)] 237(a)(2) of the
Immigration and Nationality Act; or
* * * * * * *
(b) Exceptions.--
(1) The Secretary of Homeland Security or the
Attorney General may provide, in the Secretary's or the
Attorney General's discretion, for the disclosure of
information in the same manner and circumstances as
census information may be disclosed by the Secretary of
Commerce under section 8 of title 13, United States
Code.
(2) The Secretary of Homeland Security or the
Attorney General may provide in the discretion of the
Secretary or the Attorney General for the disclosure of
information to law enforcement officials to be used
solely for a legitimate law enforcement purpose in a
manner that protects the confidentiality of such
information.
* * * * * * *
(5) The [Attorney General is] Secretary of Homeland
Security and the Attorney General are authorized to
disclose information, to Federal, State, and local
public and private agencies providing benefits, to be
used solely in making determinations of eligibility for
benefits pursuant to section 431(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996.
* * * * * * *
(8) Notwithstanding subsection (a)(2), the
Secretary of Homeland Security, the Secretary of State,
or the Attorney General may provide in the discretion
of either such Secretary or the Attorney General for
the disclosure of information to national security
officials to be used solely for a national security
purpose in a manner that protects the confidentiality
of such information.
* * * * * * *
(d) Guidance.--The Attorney General and the Secretary of
Homeland Security shall provide guidance to officers and
employees of the Department of Justice or the Department of
Homeland Security who have access to information covered by
this section regarding the provisions of this section,
including the provisions to protect victims of domestic
violence and severe forms of trafficking in persons or criminal
activity listed in section 101(a)(15)(U) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(u)) from harm that could
result from the inappropriate disclosure of covered
information.
----------
TITLE 18, UNITED STATES CODE
PART I--CRIMES
* * * * * * *
CHAPTER 7--ASSAULT
* * * * * * *
Sec. 113. Assaults within maritime and territorial jurisdiction
(a) Whoever, within the special maritime and territorial
jurisdiction of the United States, is guilty of an assault
shall be punished as follows:
[(1) Assault with intent to commit murder, by
imprisonment for not more than twenty years.]
(1) Assault with intent to commit murder or a
violation of section 2241 or 2242, by a fine under this
title, imprisonment for not more than 20 years, or
both.
(2) Assault with intent to commit any felony,
except murder or a [felony under chapter 109A]
violation of section 2241 or 2242, by fine under this
title or imprisonment for not more than ten years, or
both.
(3) Assault with a dangerous weapon, with intent to
do bodily harm, [and without just cause or excuse,] by
fine under this title or imprisonment for not more than
ten years, or both.
(4) Assault by striking, beating, or wounding, by
fine under this title or imprisonment for not more than
[six months] 1 year, or both.
(5) Simple assault, by fine under this title or
imprisonment for not more than six months, or both, or
if the victim of the assault is an individual who has
not attained the age of 16 years, by fine under this
title or imprisonment for not more than [1 year] 5
years, or both.
* * * * * * *
(7) Assault resulting in [substantial bodily injury
to an individual who has not attained the age of 16
years] substantial bodily injury to a spouse or
intimate partner, a dating partner, or an individual
who has not attained the age of 16 years, by [fine] a
fine under this title or imprisonment for not more than
5 years, or both.
(8) Assault of a spouse, intimate partner, or
dating partner by strangling, suffocating, or
attempting to strangle or suffocate, by a fine under
this title, imprisonment for not more than 10 years, or
both.
[(b) As used in this subsection--] (b) In this section--
(1) the term ``substantial bodily injury'' means
bodily injury which involves--
(A) * * *
(B) a temporary but substantial loss or
impairment of the function of any bodily
member, organ, or mental faculty; [and]
(2) the term ``serious bodily injury'' has the
meaning given that term in section 1365 of this
title[.];
(3) the terms ``dating partner'' and ``spouse or
intimate partner'' have the meanings given those terms
in section 2266;
(4) the term ``strangling'' means knowingly or
recklessly impeding the normal breathing or circulation
of the blood of a person by applying pressure to the
throat or neck, regardless of whether that conduct
results in any visible injury or whether there is any
intent to kill or protractedly injure the victim; and
(5) the term ``suffocating'' means knowingly or
recklessly impeding the normal breathing of a person by
covering the mouth of the person, the nose of the
person, or both, regardless of whether that conduct
results in any visible injury or whether there is any
intent to kill or protractedly injure the victim.
* * * * * * *
CHAPTER 13--CIVIL RIGHTS
Sec.
241. Conspiracy against rights.
* * * * * * *
250. Penalties for sexual abuse.
* * * * * * *
Sec. 250. Penalties for sexual abuse
(a) Offense.--It shall be unlawful for any person, in the
course of committing an offense under this chapter or under
section 901 of the Fair Housing Act (42 U.S.C. 3631) to engage
in conduct that would constitute an offense under chapter 109A
if committed in the special maritime and territorial
jurisdiction of the United States.
(b) Penalties.--A person that violates subsection (a) shall
be subject to the penalties under the provision of chapter 109A
that would have been violated if the conduct was committed in
the special maritime and territorial jurisdiction of the United
States, unless a greater penalty is otherwise authorized by
law.
* * * * * * *
CHAPTER 53--INDIANS
* * * * * * *
Sec. 1153. Offenses committed within Indian country
(a) Any Indian who commits against the person or property
of another Indian or other person any of the following
offenses, namely, murder, manslaughter, kidnapping, maiming, a
felony under chapter 109A, incest, [assault with intent to
commit murder, assault with a dangerous weapon, assault
resulting in serious bodily injury (as defined in section 1365
of this title)] a felony assault under section 113, an assault
against an individual who has not attained the age of 16 years,
felony child abuse or neglect, arson, burglary, robbery, and a
felony under section 661 of this title within the Indian
country, shall be subject to the same law and penalties as all
other persons committing any of the above offenses, within the
exclusive jurisdiction of the United States.
* * * * * * *
CHAPTER 109A--SEXUAL ABUSE
Sec. 2241. Aggravated sexual abuse
(a) By Force or Threat.--Whoever, in the special maritime
and territorial jurisdiction of the United States or in a
Federal prison, or in any prison, institution, or facility in
which persons are held in custody by direction of or pursuant
to a contract or agreement with the head of any Federal
department or agency, knowingly causes another person to engage
in a sexual act--
(1) * * *
* * * * * * *
or attempts to do so, shall be fined under this title,
imprisoned for [any term of years or life] not less than 10
years or imprisoned for life, or both.
(b) By Other Means.--Whoever, in the special maritime and
territorial jurisdiction of the United States or in a Federal
prison, or in any prison, institution, or facility in which
persons are held in custody by direction of or pursuant to a
contract or agreement with the head of any Federal department
or agency, knowingly--
(1) * * *
* * * * * * *
or attempts to do so, shall be fined under this title,
imprisoned for [any term of years or life] not less than 5
years or imprisoned for life, or both.
* * * * * * *
Sec. 2243. Sexual abuse of a minor or ward
(a) * * *
[(b) Of a Ward.--Whoever, in the special maritime and
territorial jurisdiction of the United States or in a Federal
prison, or in any prison, institution, or facility in which
persons are held in custody by direction of or pursuant to a
contract or agreement with the head of any Federal department
or agency, knowingly engages in a sexual act with another
person who is--
[(1) in official detention; and
[(2) under the custodial, supervisory, or
disciplinary authority of the person so engaging;
or attempts to do so, shall be fined under this title,
imprisoned not more than 15 years, or both.]
(b) Of a Ward.--
(1) Offenses.--It shall be unlawful for any person
to knowingly engage, or knowingly attempt to engage, in
a sexual act with another person who is--
(A) in official detention or supervised by,
or otherwise under the control of, the United
States--
(i) during arrest;
(ii) during pretrial release;
(iii) while in official detention
or custody; or
(iv) while on probation, supervised
release, or parole;
(B) under the professional custodial,
supervisory, or disciplinary control or
authority of the person engaging or attempting
to engage in the sexual act; and
(C) at the time of the sexual act--
(i) in the special maritime and
territorial jurisdiction of the United
States;
(ii) in a Federal prison, or in any
prison, institution, or facility in
which persons are held in custody by
direction of, or pursuant to a contract
or agreement with, the United States;
or
(iii) under supervision or other
control by the United States, or by
direction of, or pursuant to a contract
or agreement with, the United States.
(2) Penalties.--Whoever violates paragraph (1)(A)
shall--
(A) be fined under this title, imprisoned
for not more than 15 years, or both; and
(B) if, in the course of committing the
violation of paragraph (1), the person engages
in conduct that would constitute an offense
under section 2241 or 2242 if committed in the
special maritime and territorial jurisdiction
of the United States, be subject to the
penalties provided for under section 2241 or
2242, respectively.
* * * * * * *
CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING
Sec.
2261. Interstate domestic violence.
[2261A. Interstate stalking.]
2261A. Stalking.
* * * * * * *
[Sec. 2261A. Stalking
[Whoever--
[(1) travels in interstate or foreign commerce or
within the special maritime and territorial
jurisdiction of the United States, or enters or leaves
Indian country, with the intent to kill, injure,
harass, or place under surveillance with intent to
kill, injure, harass, or intimidate another person, and
in the course of, or as a result of, such travel places
that person in reasonable fear of the death of, or
serious bodily injury to, or causes substantial
emotional distress to that person, a member of the
immediate family (as defined in section 115) of that
person, or the spouse or intimate partner of that
person; or
[(2) with the intent--
[(A) to kill, injure, harass, or place
under surveillance with intent to kill, injure,
harass, or intimidate, or cause substantial
emotional distress to a person in another State
or tribal jurisdiction or within the special
maritime and territorial jurisdiction of the
United States; or
[(B) to place a person in another State or
tribal jurisdiction, or within the special
maritime and territorial jurisdiction of the
United States, in reasonable fear of the death
of, or serious bodily injury to--
[(i) that person;
[(ii) a member of the immediate
family (as defined in section 115 of
that person; or
[(iii) a spouse or intimate partner
of that person;
uses the mail, any interactive computer
service, or any facility of interstate or
foreign commerce to engage in a course of
conduct that causes substantial emotional
distress to that person or places that person
in reasonable fear of the death of, or serious
bodily injury to, any of the persons described
in clauses (i) through (iii) of subparagraph
(B);
shall be punished as provided in section 2261(b) of this
title.]
SEC. 2261A. STALKING.
(a) Whoever uses the mail, any interactive computer
service, or any facility of interstate or foreign commerce to
engage in a course of conduct or travels in interstate or
foreign commerce or within the special maritime and territorial
jurisdiction of the United States, or enters or leaves Indian
country, with the intent to kill, injure, harass, or intimidate
another person, or place another person under surveillance with
the intent to kill, injure, harass, or intimidate such person
and in the course of, or as a result of, such travel or course
of conduct--
(1) places that person in reasonable fear of the
death of, or serious bodily injury to such person, a
member of their immediate family (as defined in section
115), or their spouse or intimate partner; or
(2) causes or attempts to cause serious bodily
injury or serious emotional distress to such person, a
member of their immediate family (as defined in section
115), or their spouse or intimate partner;
shall be punished as provided in subsection (b).
(b) The punishment for an offense under this section is the
same as that for an offense under section 2261, except that
if--
(1) the offense involves conduct in violation of a
protection order; or
(2) the victim of the offense is under the age of
18 years or over the age of 65 years, the offender has
reached the age of 18 years at the time the offense was
committed, and the offender knew or should have known
that the victim was under the age of 18 years or over
the age of 65 years;
the maximum term of imprisonment that may be imposed is
increased by 5 years over the term of imprisonment otherwise
provided for that offense in section 2261
* * * * * * *
----------
CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT
* * * * * * *
SEC. 7. SUITS BY PRISONERS.
(a) * * *
* * * * * * *
(e) Limitation on Recovery.--No Federal civil action may be
brought by a prisoner confined in a jail, prison, or other
correctional facility, for mental or emotional injury suffered
while in custody without a prior showing of physical injury or
the commission of a sexual act (as defined in section 2246 of
title 18, United States Code).
* * * * * * *
----------
SECTION 1346 OF TITLE 28, UNITED STATES CODE
Sec. 1346. United States as defendant
(a) * * *
(b)(1) * * *
(2) No person convicted of a felony who is incarcerated
while awaiting sentencing or while serving a sentence may bring
a civil action against the United States or an agency, officer,
or employee of the Government, for mental or emotional injury
suffered while in custody without a prior showing of physical
injury or the commission of a sexual act (as defined in section
2246 of title 18).
* * * * * * *
----------
PRISON RAPE ELIMINATION ACT OF 2003
* * * * * * *
SEC. 8. ADOPTION AND EFFECT OF NATIONAL STANDARDS.
(a) * * *
* * * * * * *
(c) Applicability to Detention Facilities Operated by the
Department of Homeland Security.--
(1) In general.--Not later than 180 days after the
date of enactment of the Violence Against Women
Reauthorization Act of 2012, the Secretary of Homeland
Security shall publish a final rule adopting national
standards for the detection, prevention, reduction, and
punishment of rape and sexual assault in facilities
that maintain custody of aliens detained for a
violation of the immigrations laws of the United
States.
(2) Applicability.--The standards adopted under
paragraph (1) shall apply to detention facilities
operated by the Department of Homeland Security and to
detention facilities operated under contract with, or
pursuant to an intergovernmental service agreement
with, the Department.
(3) Compliance.--The Secretary of Homeland Security
shall--
(A) assess compliance with the standards
adopted under paragraph (1) on a regular basis;
and
(B) include the results of the assessments
in performance evaluations of facilities
completed by the Department of Homeland
Security.
(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Homeland Security shall
give due consideration to the recommended national
standards provided by the Commission under section
7(e).
(d) Applicability to Custodial Facilities Operated by the
Department of Health and Human Services.--
(1) In general.--Not later than 180 days after the
date of enactment of the Violence Against Women
Reauthorization Act of 2012, the Secretary of Health
and Human Services shall publish a final rule adopting
national standards for the detection, prevention,
reduction, and punishment of rape and sexual assault in
facilities that maintain custody of unaccompanied alien
children (as defined in section 462(g) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g))).
(2) Applicability.--The standards adopted under
paragraph (1) shall apply to facilities operated by the
Department of Health and Human Services and to
facilities operated under contract with the Department.
(3) Compliance.--The Secretary of Health and Human
Services shall--
(A) assess compliance with the standards
adopted under paragraph (1) on a regular basis;
and
(B) include the results of the assessments
in performance evaluations of facilities
completed by the Department of Health and Human
Services.
(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Health and Human
Services shall give due consideration to the
recommended national standards provided by the
Commission under section 7(e).
[(c)] (e) Eligibility for Federal Funds.--
(1) * * *
* * * * * * *
Committee Jurisdiction Letters
__________
__________
__________
Dissenting Views
For nearly 20 years, Democrats have firmly supported the
Violence Against Women Act (VAWA or the Act) and the critical
lifesaving assistance it has provided for women, men, and
children. On two occasions since its enactment, we have joined
with our colleagues from across the aisle and the other Chamber
to extend VAWA's protections to make necessary improvements.
H.R. 4970, however, constitutes a drastic departure from this
bipartisan history and declares that only certain victims of
violence are now deserving of protection.
Under the veil of reauthorizing certain grant programs,
H.R. 4970 undermines the safety of some of our Nation's most
vulnerable victims of violence. The bill rolls back important
protections for immigrant victims, putting them in a worse
position than under current law, and it fails to adequately
protect other vulnerable populations such as tribal women, and
lesbian, gay, bisexual, and transgender (LGBT) individuals. In
short, any small improvements made by this bill to victim
protection are outweighed by the overwhelming harm it will
cause.
For these reasons, more than 170 organizations that have
steadfastly supported VAWA in the past now vociferously oppose
H.R. 4970 or key provisions in the bill.\1\ These organizations
represent the interests of millions of victims of domestic
violence, dating violence, sexual assault and stalking, and the
professionals who serve and protect them throughout the United
States and its territories. Other important stakeholders have
also expressed strong concerns, including faith groups, civil
rights organizations, tribal coalitions, and law enforcement
agencies.
---------------------------------------------------------------------------
\1\A list of these organizations appears as an Appendix to our
dissenting views.
---------------------------------------------------------------------------
Democrats attempted to offer an amendment in the nature of
a substitute to H.R. 4970 at the Committee's markup. Offered by
Ranking Member John Conyers, Jr. (D-MI), the amendment was
nearly identical to S. 1925, a bipartisan measure that the
Senate passed by a vote of 68 to 31. The Democratic substitute
was a distillation of the best programs and recommended
improvements based on months of consultation with our
colleagues in the Senate, law enforcement officers, survivors,
advocates, and other experts. The Majority blocked
consideration of our alternative and instead advanced a
regressive bill that amounts to an assault on women.
For these reasons, and those described below, we
respectfully dissent and urge our colleagues to reject this
dangerously flawed legislation.
BACKGROUND
A. General Background
Since 1994, VAWA has provided life-saving assistance to
hundreds of thousands of women, men, and children. Originally
passed as part of the Violent Crime Control and Law Enforcement
Act of 1994, this landmark bipartisan legislation was enacted
in response to the prevalence of domestic and sexual violence
and the significant impact that such violence has on the lives
of women. The legislation's comprehensive approach to domestic
violence combined tough new penalties to prosecute offenders
with programs to provide services for the victims of such
violence.
Championed by then-Senator Joseph Biden and Representative
John Conyers, Jr., the original Act was supported by a broad
coalition of experts and advocates including law enforcement
officers, prosecutors, judges, victim service providers, faith
leaders, health care professionals, and survivors. VAWA has
since been reauthorized two times--in 2000 and 2005--with
strong bipartisan approval in Congress and with overwhelming
support from states and local communities.
With each reauthorization, VAWA improved in meaningful ways
to reflect a growing understanding of how best to meet the
varied and changing needs of survivors. Among other significant
changes, the reauthorization of VAWA in 2000 improved the law
with respect to the needs of battered immigrants, older
victims, and victims with disabilities. In 2005, the
reauthorization included a new title to address the epidemic of
violence experienced by Native American and Alaska Native
women. Both reauthorizations created new programs and extended
protections to additional victims. They also strengthened
victim services and enhanced judicial and law enforcement tools
to combat domestic violence, dating violence, sexual assault,
and stalking.
The impact of VAWA has been remarkable. The law's emphasis
on a coordinated community response--which brings together law
enforcement, the courts, and victim services--resulted in a
paradigm shift in the way communities address violence against
women. The Act improved the criminal justice system's ability
to keep victims safe and hold perpetrators accountable. It has
provided victims with critical services such as transitional
housing, legal assistance, and supervised visitation services.
As a result of this historic legislation, every state now has
enacted laws to make stalking a crime and to strengthen
criminal rape statutes. Most importantly, the annual incidence
of domestic violence has decreased by 53 percent.\2\
---------------------------------------------------------------------------
\2\Shannan Catalano, et al., Female Victims of Violence, U.S.
Department of Justice, Bureau of Justice Statistics (Sep. 2009),
available at http://www.ojp.usdoj.gov/bjs/intimate/ipv.htm (decrease is
based on data collected between 1993 and 2008).
---------------------------------------------------------------------------
Even with this progress, however, domestic and sexual
violence remain significant, widespread problems. According to
a recent National Intimate Partner and Sexual Violence Survey
conducted by the Centers for Disease Control and Prevention, 24
people become victims of rape, physical violence, or stalking
by an intimate partner in the United States every minute.\3\
Over the course of a year, that adds up to more than 12 million
women and men. Approximately one in five women and one in 71
men have been raped in their lifetime.\4\ In addition,
approximately one in four women and one in seven men report
experiencing severe physical violence by an intimate
partner.\5\ And 45 percent of the women killed in the United
States die at the hands of an intimate partner.\6\
---------------------------------------------------------------------------
\3\National Intimate Partner and Sexual Violence Survey, Centers
for Disease Control and Prevention (Dec. 2011), at http://www.cdc.gov/
ViolencePrevention/pdf/NISVSl Report2010-a.pdf [hereinafter NISVS
survey].
\4\Id.
\5\Id.
\6\Catalano, et al, Female Victims of Violence.
---------------------------------------------------------------------------
Certain racial and ethnic minority communities experience
much higher rates of violence than the general population,
particularly women who identify as multiracial non-Hispanic or
American Indian/Alaska Native. Approximately half of all women
who identified as multiracial or Native American have been
victims of domestic violence, compared to one-third of white
women. One in three Native American and multiracial women has
been raped, compared to one in four white women.\7\ In 2007,
black women were four times more likely than white women to be
murdered by an intimate partner and twice as likely to be
killed by a spouse.\8\
---------------------------------------------------------------------------
\7\NISVS survey.
\8\Catalano, et al., Female Victims of Violence.
---------------------------------------------------------------------------
Authorized funding for VAWA ended as of September 30, 2011.
Although its programs have continued to be funded through
appropriations, it is imperative that VAWA be reauthorized, and
that such reauthorization expand on the progress made in the
fight against domestic violence.
B. VAWA Protections for Immigrant Victims
Since it was first enacted in 1994, VAWA has incorporated
provisions to protect battered immigrants whose noncitizen
status can make them particularly vulnerable to crimes of
domestic and sexual violence. The abusers of such immigrants
often exploit the victims' lack of permanent immigration
status, which causes them to not report abuse to law
enforcement and to refuse to assist with the investigation and
prosecution of associated crimes.
As originally enacted in 1994, VAWA created a self-petition
process to allow individuals subjected to battery and extreme
cruelty to obtain immigration status without having to rely on
their abusive family member as a sponsor. In the first
reauthorization of VAWA in 2000, Congress created a new ``U''
visa for crime victims who agree to cooperate with law
enforcement in investigating and prosecuting serious crimes.
These protections were expanded in the 2005 reauthorization of
the bill. All of these provisions were adopted with strong
bipartisan support and are widely credited with having
protected victims of domestic and sexual violence and supported
law enforcement in getting dangerous criminals off of our
streets.
Against this noble backdrop, H.R. 4970 eliminates
protections for noncitizen victims of domestic and sexual
abuse, leaving them less protected and more vulnerable to
further abuse than they are under current law. H.R. 4970
represents a giant step backward and, accordingly, we must
oppose it.
1. VAWA Self-Petition
In 1994, Congress created the ``self-petition'' process to
protect, among others, the battered spouses of citizens and
lawful permanent residents (LPRs). Such spouses are eligible
for permanent residency under existing law, but they are
typically dependent on their spouses to sponsor them by filing
an ``immigrant petition'' on their behalf. The VAWA self-
petition essentially allows a victim of battery or extreme
cruelty to file that petition herself, rather than rely on the
abuser (who often uses the victim's lack of permanent status to
control her). By providing such victims with the ability to
gain independence, leave their abusers if they are still living
with them, provide for their children, and assist law
enforcement, VAWA has for more than 18 years helped to remove a
key tool of control for abusers.
In 1996, Congress created strong confidentiality provisions
pertaining to the VAWA self-petition process. Section 384 of
the Illegal Immigration Reform and Immigrant Responsibility Act
(IIRIRA), legislation sponsored by Chairman Lamar Smith (R-TX),
prohibits, with certain exceptions, government officials from
disclosing any information about a request for VAWA relief--
including the very existence of the request--to anyone.\9\ This
provision bars immigration personnel from initiating contact
with abusers or calling abusers as witnesses. Section 384 also
prohibits immigration officials from relying upon information
furnished solely by abusers.
---------------------------------------------------------------------------
\9\Illegal Immigration Reform and Immigrant Responsibility Act of
1996, Sec. 384 (enacted as Division C of Omnibus Consolidated
Appropriations Act, 1997, Pub. L. No. 104-208, 110 Stat. 3009).
---------------------------------------------------------------------------
In the 2000 and 2005 reauthorizations of VAWA, Congress
extended these confidentiality protections to cover victims of
trafficking and other crime victims eligible for immigration
relief under VAWA. In reporting the 2005 reauthorization of
VAWA, the House Judiciary Committee, which was at the time
chaired by Rep. James Sensenbrenner (R-WI), stated:
This Committee wants to ensure that immigration agents
and government officials covered by this section do not
initiate contact with abusers, call abusers as
witnesses or relying (sic) upon information furnished
by or derived from abusers to apprehend, detain and
attempt to remove victims of domestic violence, sexual
assault and trafficking, as prohibited by section 384
of IIRIRA.\10\
---------------------------------------------------------------------------
\10\H. Rep. No. 109-233, at 120 (2005).
The confidentiality provisions are designed to ensure that
abusers and criminals cannot use the immigration system against
---------------------------------------------------------------------------
their victims. According to the 2005 Committee Report:
Examples include abusers using DHS to obtain
information about their victims, including the
existence of a VAWA immigration petition, interfering
with or undermining their victims' immigration cases,
and encouraging immigration enforcement officers to
pursue removal actions against their victims.\11\
---------------------------------------------------------------------------
\11\Id.
Without these confidentiality provisions, immigrant victims
would be far less likely to report domestic violence crimes and
those who choose to report would be placed at significantly
heightened risk of further abuse. As Rep. Trey Gowdy (R-SC)
recognized at the Committee markup, for women who are subject
to domestic abuse, ``the most dangerous time . . . is when they
leave and when they seek an order of protection or when they
seek a restraining order.''\12\ This claim is supported by
domestic violence and sexual assault researchers, who wrote to
the Committee in opposition to H.R. 4970 and explained that
``violence, abuse, and homicide increases when victims take
steps to leave their abusers or get help from the criminal or
civil justice systems.''\13\
---------------------------------------------------------------------------
\12\Unofficial Tr. of Markup of H.R. 4970, to Reauthorize the
Violence Against Women Act of 1997, Before the House Comm. on
Judiciary, 112th Cong. 175 (2012) [hereinafter Markup Transcript]
(statement of Rep. Gowdy), available at http://judiciary.house.gov/
hearings/Markups%202012/PDF/HR%204970/
5%208%2012%20HR%204970%20HR%204377%20HR%
205512.pdf.
\13\Letter from Nawal Ammar, PhD, Professor and Dean of the Faculty
of Social Science and Humanities at the University of Ontario Institute
of Technology, and twelve others experts, to Rep. Lamar Smith and Rep.
John Conyers, Jr., at 2 (May 8, 2012) (on file with the H. Comm. on the
Judiciary, Democratic Staff).
---------------------------------------------------------------------------
2. U Visas
In the 2000 reauthorization of VAWA, Congress created the U
visa to ``strengthen the ability of law enforcement agencies to
detect, investigate, and prosecute cases of domestic violence,
sexual assault, trafficking of aliens, and other crimes . . .
committed against aliens, while offering protection to victims
of such offenses in keeping with the humanitarian interests of
the United States.''\14\ By a vote in the U.S. House of
Representatives of 371-1, including 187 Republicans, Congress
created the U visa to ``facilitate the reporting of crimes to
law enforcement officials by trafficked, exploited, victimized
and abused aliens who are not in lawful immigration
status.''\15\
---------------------------------------------------------------------------
\14\Victims of Trafficking and Violence Protection Act of 2000,
Pub. L. No. 106-386, Sec. 1513(a)(2)(A) (2000) [hereinafter VAWA 2000].
\15\Id. at Sec. 1513(a)(2)(B).
---------------------------------------------------------------------------
To obtain a U visa, a victim of a serious crime must first
report the crime to law enforcement and obtain a certification
from law enforcement attesting to the fact that the victim has
been, is being, or is expected to be helpful in investigating
and/or prosecuting that crime.\16\ After 3 years, a U visa
recipient who remains in the country may be permitted to adjust
his or her status to that of an LPR if the immigrant did not
unreasonably refuse to assist law enforcement and if doing so
``is justified on humanitarian grounds, to ensure family unity,
or is otherwise in the public interest.\17\ The prospect of
obtaining permanent immigration relief, rather than temporary
relief, provides additional incentive for immigrant crime
victims to cooperate fully with law enforcement personnel
throughout criminal proceedings.
---------------------------------------------------------------------------
\16\Immigration and Nationality Act (INA) Sec. 101(a)(15)(U); 8
U.S.C. Sec. 1101(a)(15)(U).
\17\INA Sec. 245(m); 8 U.S.C. Sec. 1255(m).
---------------------------------------------------------------------------
Since 2000, immigration law has capped the number of U
visas at 10,000 per year. However, as a result of the George W.
Bush Administration's failure to timely issue regulations, U
visas were not made available until fiscal year 2009. The
annual cap has now been met in each of the past two fiscal
years, and law enforcement strongly urges Congress to increase
the number of U visas available. In support of an increase to
the cap, the Federal Law Enforcement Officers Association
writes that: ``[b]y limiting the number of U Visas law
enforcement can request, Congress is effectively amputating the
long arm of the law.''\18\ Similarly, the National Fraternal
Order of Police, writing on behalf of its 330,000 members,
explains that:
---------------------------------------------------------------------------
\18\Letter from Jon Adler, National President, Federal Law
Enforcement Officers Association, to Sen. Patrick Leahy and Sen.
Charles Grassley, at 1 (Jan. 31, 2012) (on file with the H. Comm. on
the Judiciary, Democratic Staff).
U visas are an invaluable tool that allow law
enforcement to do its job more effectively and makes it
easier to pursue prosecution of criminals. Furthermore,
the expansion of the U visa will provide incalculable
benefits to our citizens and our communities at a
negligible cost.\19\
---------------------------------------------------------------------------
\19\Letter from Chuck Canterbury, National President, National
Fraternal Order of Police, to Sen. Patrick Leahy, at 1 (Feb. 1, 2012)
(on file with the H. Comm. on the Judiciary, Democratic Staff).
Perhaps most clearly, David Thomas, a 15-year veteran of
the Montgomery County Police Department in Maryland and the
founder of that Department's Domestic Violence Unit, states
that ``10,000 more visas translates into getting 10,000 more
violent criminals out of our neighborhoods. Victims who are
safe, away from their perpetrator, and self-sustaining make
excellent witnesses.''\20\
---------------------------------------------------------------------------
\20\Letter from David R. Thomas, Johns Hopkins University School of
Professional Studies in Business and Education, Division of Public
Safety Leadership, to Sen. Patrick Leahy and Sen. Charles Grassley, at
2 (Jan. 27, 2012) (on file with the H. Comm. on the Judiciary,
Democratic Staff).
---------------------------------------------------------------------------
CONCERNS WITH H.R. 4970
I. H.R. 4970 WOULD WEAKEN CURRENT LAW WITH RESPECT TO IMMIGRANT VICTIMS
OF CRIMES, INCLUDING DOMESTIC AND SEXUAL VIOLENCE
A. Section 801 of the Bill Undermines the VAWA Self-Petition Process
that Has Offered Victims of Domestic and Sexual Abuse
Protection Since the Original Violence Against Women Act of
1994.
Section 801 of the bill would, for the first time since its
creation in 1994, weaken and eliminate critical protections in
the VAWA self-petition process. Individually, each of the
several measures discussed below is a severe impediment to
victims seeking protection. Together, they form an almost
insurmountable barricade, delaying and denying protection to
victims and significantly increasing the risk of violence and
death. Rolling back these longstanding protections will leave
immigrant women at further risk of violence.
1. H.R. 4970 Eviscerates VAWA Confidentiality Requirements
and Endangers the Lives of Domestic Violence
Victims.
In 1996, a Republican-controlled Congress enacted strong
confidentiality provisions designed to protect victims of
domestic violence from further abuse and to encourage them to
seek safety. In the 2000 and 2005 reauthorizations of VAWA,
again under Republican-controlled Congresses, we extended and
reaffirmed those confidentiality provisions with nearly
unanimous support in both Chambers. In connection with the 2005
VAWA reauthorization bill, our Committee wrote without dissent
in its report accompanying that bill that the Committee wanted
``to ensure that immigration agents and government officials
covered by this section do not initiate contact with
abusers.''\21\
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\21\H. Rep. No. 109-233, at 120 (2005).
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Rather than keep those protections in law, section 801 of
H.R. 4970 would essentially eliminate them by authorizing
immigration agents to contact abusers, potentially tipping them
off to the fact that their victims are taking steps to
extricate themselves from the abusive relationship. This
erosion of confidentiality would make victims who seek
government protection more vulnerable to serious and escalating
violence. Incredibly, even certain Members of the Majority
acknowledged this fact during the markup. Rep. Gowdy affirmed
that ``[m]ost women, when they make the decision to leave and
they act on it, that is when they are most vulnerable and they
are going to get killed.''\22\ He further added that he knew of
``12 women whose murderers . . . killed them in South Carolina
because they decided to leave.''\23\ Despite his seeming
understanding that eliminating existing confidentiality
provisions may directly lead to violence and death, Rep. Gowdy
opposed an amendment to retain current law in this area.
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\22\Markup Transcript at 176 (statement of Rep. Gowdy).
\23\Id. at 175-76.
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The Majority's newfound animus against VAWA's
confidentiality provisions may stem from their fundamental
misunderstanding of the VAWA self-petition process and the
unique vulnerability of immigrant victims of domestic violence.
In the section describing the provision in section 801 that
would have government officials notify abusers of pending VAWA
self-petitions, the Majority's Committee memorandum states:
``Of course, the alien's whereabouts are protected.''\24\ This
assurance, however, is meaningless if, as is frequently the
case, the victim is still living with her abuser when she files
the VAWA self-petition. As Rep. Zoe Lofgren (D-CA) explained
during the markup:
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\24\Memorandum from Lamar Smith, Chairman, to Members, Committee on
the Judiciary, 7 (May 7, 2012) (on file with the H. Comm. on the
Judiciary, Democratic Staff).
If you are an American being abused by an American
spouse, you can escape and you can decide whether or
not to call the police, whether or not to seek a
restraining order, whether or not to prosecute. If you
are an immigrant woman whose . . . American husband
refuses to petition for you, you don't have a choice.
You are under his thumb. And you can't escape because
you can't get a job. You can't support yourself. You
are in limbo. You came here marrying an American
thinking you were going to be part of the American
dream, and you are not. You are part of the
nightmare.\25\
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\25\Markup Transcript at 178 (statement of Rep. Lofgren).
The end result of this provision, of course, is that fewer
victims of domestic violence will actually seek protection. The
very tool that their abusive spouses are already using to
facilitate abuse--namely, control over their immigration status
and the threat of deportation and permanent separation from the
United States and any children they may have here--will be
reinforced as a result of section 801 of this bill.
2. H.R. 4970 Limits Protection for Victims by Requiring the
Consideration of Uncorroborated Abuser Statements
and Raising the Standard of Proof for Battered
Spouses in a Nearly Unprecedented Manner.
In 1996, at the same time that Congress adopted strong VAWA
confidentiality protections in Section 384 of Chairman Smith's
IIRIRA, Congress also adopted a provision prohibiting reliance
on information obtained solely from an abuser. This provision
requires that any evidence provided by an abuser be
corroborated before it can be used to make a decision in the
victim's case. As with the confidentiality provisions, the
corroboration requirement was extended and reaffirmed in the
2000 and 2005 reauthorizations of VAWA.
In 2005, Members of this Committee appreciated the
importance of this longstanding corroboration requirement, as
evidenced by the Committee Report to the 2005 VAWA
reauthorization. That report stated, without dissenting view,
that these provisions ``are designed to ensure that abusers and
criminals cannot use the immigration system against their
victims.''\26\ The report further observed that abusers are
known for ``interfering with or undermining their victims'
immigration cases, and encouraging immigration enforcement
officers to pursue removal actions against their victims.''\27\
The Committee understood that abuser-provided assertions are
inherently unreliable, as abusers will say and do almost
anything to prevent a victim from seeking protection or
collaborating with law enforcement.
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\26\H. Rep. No. 109-233, at 120 (2005).
\27\Id.
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H.R. 4970 effectively eliminates the longstanding
corroboration requirement by mandating in section 801 that
``any credible evidence'' be considered by an adjudicator, with
no prohibition on uncorroborated evidence obtained from an
abuser. The pernicious nature of this provision is made clearer
when viewed together with the bill's language raising the
standard of proof for domestic violence victims to ``clear and
convincing evidence.'' This new standard for battered spouses
is nearly unprecedented in immigration law, where almost all
immigration law matters are governed by the same
``preponderance of the evidence'' standard that governs most
civil matters in the United States.
As a result, H.R. 4970 simultaneously raises the
evidentiary burden for persons who have been subjected to
battery and extreme cruelty by their spouses, while eliminating
the existing provision preventing uncorroborated evidence
presented by abusers from ``interfering with or undermining
their victims' immigration cases.''\28\ The combination of
these two provisions will serve to unduly delay, if not
outright deny, protection to bona fide victims of domestic
violence. As noted above, abusive spouses often stop at nothing
to prevent a victim from seeking protection or collaborating
with law enforcement. They are well-known to make statements or
manufacture seemingly-credible evidence to cast doubt on their
victim's cases. Considering the inability of victims to test
evidence or cross-examine abusers in immigration proceedings,
the consideration of such uncorroborated evidence will make it
almost impossible for many actual victims to meet the
heightened standard of proof created under H.R. 4970.
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\28\Id.
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3. H.R. 4970 Forces Victims of Domestic and Sexual Abuse to
Remain in Abusive Relationships Without Protection
by Staying Adjudication of VAWA Self-Petitions
During the Pendency of Investigations or
Prosecutions.
Even though victims have no control over decisions by law
enforcement agencies and prosecutors, H.R. 4970 would prevent
the adjudication of VAWA self-petitions during a pending
investigation or prosecution. This will delay protection to
vulnerable victims, forcing them to remain in abusive
relationships and thereby endure further violence and extreme
cruelty. As long as victims prove they are in a valid marriage
and were subject to battery or extreme cruelty, it should not
matter what law enforcement agents do.
H.R. 4970 also directs adjudicators to take into
consideration whether law enforcement declined to investigate a
crime reported by the petitioner or whether prosecutors failed
to pursue charges. Decisions about whether to investigate or
prosecute particular offenses are based upon numerous factors,
such as available resources, priorities, and departmental
interest. Requiring adjudicators to essentially draw negative
inferences based upon law enforcement decisions that are
outside the control of victims will likely result in further
harm to such victims. This will especially be the case in
jurisdictions where domestic violence crimes are typically
under-investigated and under-prosecuted.
B. Sections 802 and 806 of the Bill Eliminate Key Provisions of Current
Law and Strip Crime Victims of Protection and Law Enforcement
of an Important Crime-Fighting Tool.
H.R. 4970 weakens and eliminates longstanding protections
for victims of serious crimes who may receive U visas if they
cooperate with law enforcement. The bill also ignores the
demands of law enforcement personnel who are calling for an
increase in the number of U visas made available each year.
Individually and together, the measures in the bill will result
in fewer victims coming forward, more perpetrators on the
street, and greater violence against women.
1. H.R. 4970 Will Reduce Cooperation with Law Enforcement
and Increase Unreported Violent Crime by
Eliminating the Ability for U Visa Holders to Apply
for Permanent Residency.
Since the creation of the U visa in the 2000
reauthorization of VAWA, U visa holders have been authorized to
seek permanent protection by applying for green cards if they
continue to cooperate with law enforcement.\29\ In that law,
Congress explained that one purpose behind the creation of the
U visa was to ``give[] the Attorney General discretion to
convert the status of such nonimmigrants to that of permanent
residents when doing so is justified on humanitarian grounds,
for family unity, or is otherwise in the public interest.''\30\
While this provision originally won the overwhelming support of
nearly all Members of the House and Senate, including many
current Members of this Committee's Majority, H.R. 4970 would
eliminate this protection. As such, the bill makes a radical
retreat from current law.
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\29\VAWA 2000 Sec. 1513(f).
\30\Id. at Sec. 1513(a)(2)(C).
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The Majority's explanation for striking this provision in
current law appears to be based, in part, on several
fundamental misunderstandings about the U visa process and
immigration law more generally. During the markup, Chairman
Smith stated that:
The U visa was created in order to allow illegal
immigrant victims of crime to stay temporarily in the
U.S. in order to assist with the apprehension,
investigation and prosecution of their perpetrators. .
. . For this purpose temporary U visas allow aliens to
remain in the United States for 4 years or longer to
assist law enforcement officials, which should be more
than enough.\31\
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\31\Markup Transcript at 201-02 (statement of Rep. Smith).
But this account is incomplete. Although Congress did note, in
section 1513(a)(2)(B) of the 2000 VAWA reauthorization bill,
that one purpose behind the U visa was to assist law
enforcement and provide ``temporary legal status to aliens who
have been severely victimized by criminal activity,'' Congress
also wrote that another purpose was to grant the government
discretion to ``convert the status of such nonimmigrants to
that of permanent residents when doing so is justified on
humanitarian grounds, for family unity, or is otherwise in the
public interest.''\32\
---------------------------------------------------------------------------
\32\VAWA Sec. 1513(a)(2)(C).
---------------------------------------------------------------------------
The Majority also argued for the elimination of U visa
holders' ability to obtain permanent residency by drawing a
comparison to persons awarded so-called ``S'' visas for serving
as informants or witnesses in criminal or terrorism cases:
The temporary S visa program has long been available to
immigrants who possess critical information needed by
law enforcement officials to investigate crimes or
prosecute criminals. There is no provision of permanent
residence for S visa recipients. Neither should there
be for U visa recipients.\33\
---------------------------------------------------------------------------
\33\Markup Transcript at 202 (statement of Rep. Smith).
But this also is incorrect. Section 245(j) of the INA actually
permits S visa recipients to adjust their status to that of a
permanent resident if they contribute to criminal or terrorism
investigations or prosecutions.\34\
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\34\INA Sec. 245(j); 8 U.S.C. Sec. 1255(j).
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The Majority also attempted to argue that the ability to
obtain permanent residency somehow reduces the incentive of
immigrants to provide an actual benefit to law enforcement
officials.\35\ But the ability to obtain permanent residency
actually increases the likelihood of cooperation. While the
victim of a serious crime may receive a U visa based upon a law
enforcement officer's certification that the victim is being or
is likely to be helpful, the victim cannot subsequently apply
for permanent residency if she unreasonably failed to assist
law enforcement upon receiving the U visa.\36\ Eliminating the
ability of a U visa holder to obtain permanent status therefore
eliminates the principal incentive that law enforcement
maintains to ensure further cooperation.
---------------------------------------------------------------------------
\35\Markup Transcript at 201-02 (statement of Rep. Smith).
\36\ Compare INA Sec. 101(a)(15)(U)(i)(III) with INA
Sec. 245(m)(1).
---------------------------------------------------------------------------
Moreover, preventing U visa recipients from applying for
permanent residency would significantly reduce the number of
immigrants agreeing to cooperate in the first place. By
eliminating the possibility of permanent status, this bill
essentially turns the act of seeking protection into an act of
self-deportation. Without the possibility of a permanent
solution, we can expect to see a large reduction in the number
of victims coming forward, seeking protection, and cooperating
with law enforcement. This, in turn, will result in fewer
prosecutions and more criminal conduct that endangers women and
public safety.
2. H.R. 4970 Will Take Away a Critical Tool for Enhancing
Public Safety by Tying the Hands of Law Enforcement
in Issuing U Visa Certifications.
Although victims have no control over the actions of law
enforcement officials or prosecutors, section 802 of the bill
would condition the issuance of a U visa on the existence of an
active investigation or the commencement of a prosecution. The
section additionally requires that the victim assist law
enforcement in identifying the perpetrator of the crime, even
if the nature of the crime renders the victim unable to assist
in this manner. The Majority claims these changes are necessary
to obtain the cooperation of victims. According to the
Majority, the ``lack of an actual assistance requirement [in
the U visa process] has significantly limited the ability of
law enforcement officials and prosecutors to solve crimes and
prosecute criminals.''\37\
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\37\Markup Transcript at 202 (statement of Rep. Smith).
---------------------------------------------------------------------------
But law enforcement officials paint an entirely different
picture of the U visa process and how it is functioning in
practice. Eleven law enforcement officers wrote to the
Committee to explain that ``[c]urrent VAWA self-petitioning and
U-visa protections work to protect immigrant victims, save
police officers lives and reduce crimes in communities across
the country by making arrests, criminal investigations, and
prosecuting perpetrators for crimes against immigrant
victims.''\38\ In contrast, the officers noted that section 802
of H.R. 4970 ``makes no sense from a criminal justice
perspective. It undermines our work and robs us of the tools we
need to do our jobs.''\39\
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\38\Letter from Pete Helein, Chief, Appleton Wisconsin Police
Department, et al., to Rep. Lamar Smith and Rep. John Conyers, Jr., at
6 (May 7, 2012) (on file with the H. Comm. on the Judiciary, Democratic
Staff).
\39\Id. at 3.
---------------------------------------------------------------------------
Law enforcement officials solidly support the U visa as a
critically important tool for gaining the trust and confidence
of immigrant communities and helping to get serious criminals
off the streets. The following are statements entered into the
record demonstrating law enforcement support for the U visa:
L``For law enforcement agencies across the
country, U visas are an invaluable tool that allow law
enforcement to do its job more effectively and makes it
easier to pursue prosecution of criminals.'' Chuck
Canterbury, National President, National Fraternal
Order of Police.\40\
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\40\Letter from Chuck Canterbury, National President, National
Fraternal Order of Police, to Sen. Patrick Leahy, at 1 (Feb. 1, 2012)
(on file with the H. Comm. on the Judiciary, Democratic Staff).
L``According to the Centers for Disease
Control and Prevention, one in four women will
experience domestic violence in their lifetime. In our
proud Land of the Free and Home of the Brave, this is
unacceptable. . . . U Visas are an essential tool
carefully used by law enforcement and tempered with
great scrutiny. . . . [O]ur unwavering priority is to
do everything within our means to protect women who are
victimized by violent criminals.'' Jon Adler, National
President, Federal Law Enforcement Officers
Association.\41\
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\41\Letter from Jon Adler, National President, Federal Law
Enforcement Officers Association, to Sen. Patrick Leahy and Sen.
Charles Grassley, at 1-2 (Jan. 31, 2012) (on file with the H. Comm. on
the Judiciary, Democratic Staff).
L``The U-Visa must be seen as yet another
avenue to helping us address some of the most violent
criminals in our communities. We aren't talking petty
crimes here like shoplifting or vandalism. We are
talking about rape, murder and torture to name a few. .
. . What must be understood is that when we don't
address criminal behavior in our communities we enable
criminal behavior to grow in those same communities.''
David Thomas, 15-year veteran of the Montgomery County
Police Department and founder of the Department's
Domestic Violence Unit.\42\
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\42\Letter from David R. Thomas, Johns Hopkins University School of
Professional Studies in Business and Education, Division of Public
Safety Leadership, to Sen. Patrick Leahy and Sen. Charles Grassley, at
2 (Jan. 27, 2012) (on file with the H. Comm. on the Judiciary,
Democratic Staff).
L``In 2000, the reauthorization of the
Violence Against Women Act provided protection to
immigrant victims of domestic violence, sexual assault,
human trafficking and other dangerous crimes. VAWA 2000
strengthened law enforcement's ability to detect,
investigate and prosecute violent crimes perpetrated
against immigrants. Those of us working the front lines
know this legislation as a powerful tool that gives us
the opportunity to keep victims safe and hold violent
offenders accountable.'' Michael LaRiviere, 22-year
veteran of the Salem (MA) Police Department, 6 years as
its Domestic Violence Liaison Officer.\43\
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\43\Letter from Officer Michael P. LaRiviere, to Rep. Lamar Smith
and Rep. John Conyers, Jr., at 1 (May 7, 2012) (on file with the H.
Comm. on the Judiciary, Democratic Staff).
L``I believe in holding perpetrators
accountable. The U-visa . . . and VAWA self-petitions
are excellent crime-fighting tools and resources that
help to hold perpetrators accountable and assist
victims and the community at large.'' Sergeant
Inspector Antonio Flores, 29-year veteran of San
Francisco Police Department, 11 years in the Domestic
Violence Response Unit.\44\
---------------------------------------------------------------------------
\44\Letter from Sergeant Inspector Antonio Florez, to Rep. Lamar
Smith and Rep. John Conyers, Jr., at 1 (May 7, 2012) (on file with the
H. Comm. on the Judiciary, Democratic Staff).
L``Here is just one example of how we have
used the U visa as a crime-fighting tool in our
community. One night, officers were called to a report
of a domestic assault within our city. A male subject
had returned home in an intoxicated state. He soon
became engaged in an argument with his wife and
subsequently attacked her by grabbing her by the hair
and dragging her across the bedroom. He then repeatedly
slammed her head into the headboard of the bed causing
injuries to her face and head area.
L ``Responding officers found evidence of an assault
and learned that like many cases of domestic violence,
this was not the first time that the man attacked the
woman. Such violence had occurred, before but the woman
had never called the police. She was afraid that if she
called that she might be arrested and deported. The
only reason the police went to the home that night was
because a third party had called. Officers on the scene
arrested the suspect for domestic assault and removed
him from the house.
L ``Weeks later, I happened to be in the courtroom
waiting to testify in a case when I saw the perpetrator
strutting down the hallways laughing and grinning. It
was evident; this man knew that his wife would not
likely testify against him. The victim was clearly
afraid. She was reluctant to testify against him. The
prosecutor was familiar with the U-visa process and had
built a relationship with the victim. Through this
relationship came trust. That trust ultimately
convinced the victim to take the stand and testify
against her attacker. Use of the U-visa in this case
allowed us to identify, arrest, and prosecute a violent
offender that may otherwise have `flown under the
radar' of law enforcement.'' Lieutenant Chris Cole, 17-
year veteran of Storm Lake Iowa Police Department.\45\
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\45\Letter from Lieutenant Chris Cole, to Rep. Lamar Smith and Rep.
John Conyers, Jr., at 2 (May 7, 2012) (on file with the H. Comm. on the
Judiciary, Democratic Staff).
3. H.R. 4970 Ignores the Requests of Law Enforcement to
Increase the Number of U Visas Available Annually
to Help Investigate and Prosecute Dangerous
Criminals.
When Congress created the U visa in the 2000 VAWA
reauthorization bill, it capped the number of visas made
available each year at 10,000.\46\ But because of a delay in
promulgating regulations implementing the statute, not a single
visa was issued until fiscal year 2009. In each of the past two
fiscal years, the 10,000 visa cap has been met prior to the end
of the fiscal year. State, local, and national law enforcement
organizations have asked Congress to increase the cap.
---------------------------------------------------------------------------
\46\VAWA 2000 Sec. 1513(c).
---------------------------------------------------------------------------
S. 1925, the bipartisan Senate-passed bill, contains a
provision that ``recaptures'' U visas that were authorized by
law in 2000 but never issued. Those recaptured visas are made
available to victims who need protection but who cannot get it
because the cap is currently being reached. The Senate proposal
is a very modest change to current law and does not increase
the overall visa numbers previously authorized by Congress. In
fact, because the Senate proposes only to recapture visas
dating back to fiscal year 2006, it would still leave unused
tens of thousands of visas that were originally authorized in
October 2000, but were not issued due to bureaucratic delay.
During the Committee's consideration of H.R. 4970, Rep.
Pedro Pierluisi (D-PR) offered an amendment to insert the
Senate's provision to recapture unused U visas into H.R. 4970.
Reviewing the substantial law enforcement support for the
provision, Rep. Pierluisi asked the Majority ``whether they
have any letters from law enforcement officials that oppose
this recapture provision, and, if not, whether this gives them
any pause about whether they are doing the right thing
here.''\47\ Rep. Lofgren read into the record a portion of a
letter from 11 law enforcement officials, who explained that:
---------------------------------------------------------------------------
\47\Markup Transcript at 225 (statement of Rep. Pierluisi).
The U visa cap of 10,000 was reached in September of
2011. When the number of requests for certifications
exceeds the cap of 10,000, immigrant crime victims are
forced to wait. Waiting can be dangerous. The delay
provides violent criminal offenders, and the friends
and families of violent criminal offenders, with the
opportunity to use physical violence and death threats
to convince crime victims not to testify. When
criminals have additional time to terrorize crime
victims and convince them not to participate in a
criminal investigation or prosecution, more and more
violent offenders go free. We strongly urge an increase
in the number of U-visa's (sic) granted on an annual
basis so that more violent criminal offenders can be
arrested and held accountable.\48\
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\48\Letter from Pete Helein, Chief, Appleton Wisconsin Police
Department, et al., to Rep. Lamar Smith and Rep. John Conyers, Jr. 1-2
(May 7, 2012) (on file with the H. Comm. on the Judiciary, Democratic
Staff).
In opposition to Mr. Pierluisi's amendment, the Majority
proffered two arguments. First, Chairman Smith cited a
Congressional Budget Office estimate concluding that the
recapture provision could cost taxpayers over $100,000,000 in
public benefits and other expenses.\49\ As Rep. Lofgren noted
at the markup, the Senate paid for the estimated cost of
recapturing U visas by imposing a small fee on diversity visa
applications.\50\ As a result, the Senate bill would cost
taxpayers nothing but would provide law enforcement with
additional U visas to help get dangerous criminals off our
streets.
---------------------------------------------------------------------------
\49\Markup Transcript at 79, 225 (statements of Rep. Smith).
\50\Id. at 228-28 (statement of Rep. Lofgren).
---------------------------------------------------------------------------
Second, Chairman Smith argued that the ``anti-fraud''
provisions in H.R. 4970 ``will actually reduce the demand for
these types of visas,'' thus easing pressure on the 10,000
cap.\51\ But the Majority provided no evidence of fraud in the
U visa program. The Majority cited no studies, reports, or even
anecdotal evidence of fraud during the markup, and a recent
Congressional Research Service (CRS) report states that
``Members of USCIS' Fraud Detection and National Security
(FDNS) Directorate . . . had not seen cases of benefit fraud
using the U visa.''\52\
---------------------------------------------------------------------------
\51\Id. at 225-26 (statement of Rep. Smith).
\52\William A. Kandel, Immigration Provisions of the Violence
Against Women Act (VAWA), Congressional Research Service, Apr. 10, 2012
(R42477), at 11 n.66.
---------------------------------------------------------------------------
The changes in H.R. 4970 may well lead to a reduction in
the demand for U visas each year, but not for the reasons
suggested by the Chairman. Rather, any reduction will likely
result from a decrease in the willingness of immigrant crime
victims to assist law enforcement in the investigation and
prosecution of serious offenses. Viewed in this light, the
dissenting Members agree with the comments of Rep. Pierluisi at
the markup that:
It is difficult to avoid the conclusion that my
colleagues on the other side of the aisle are so
blinded by their anti-immigrant animus that they are
willing to abandon what I know to be genuine commitment
on their part to aiding victims of serious crimes and
to giving law enforcement the tools they need to
investigate and prosecute those crimes.\53\
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\53\Markup Transcript at 225 (statement of Rep. Pierluisi).
C. The Majority's Claim that its Efforts to Weaken and Eliminate
Existing VAWA Protections are Needed to Combat Fraud is
Baseless.
According to the Majority, H.R. 4970's changes to the VAWA
self-petition and U visa programs are necessary to combat
``fraud and abuse.''\54\ But both programs already have robust
anti-fraud protections, and there are no credible studies or
reports indicating a significant fraud problem with either
program. This should come as little surprise, as these
immigration programs are among the most difficult to defraud.
Moreover, despite the draconian changes to current VAWA
protections made in this bill, the Committee has held no
oversight hearings on VAWA programs, the existence of fraud in
those programs, or the need for the measures proposed in H.R.
4970.
---------------------------------------------------------------------------
\54\Id. at 79 (statement of Rep. Smith).
---------------------------------------------------------------------------
1. There is No Evidence of Fraud or Abuse in the U Visa
Program.
The Majority's suggestion that immigrants are gaming the U
visa program lacks any evidentiary basis. As noted above, the
Majority has held no hearings on the U visa program, and it has
not presented us with any evidence of fraud in this program.
Moreover, in September 2011, the CRS conducted a wide-ranging
search of press reports and legal proceedings and was able to
locate only one press story of potential benefit fraud related
to the U visa.\55\ The CRS report also noted that ``Members of
USCIS' Fraud Detection and National Security (FDNS) Directorate
. . . had not seen cases of benefit fraud using the U
visa.''\56\
---------------------------------------------------------------------------
\55\William A. Kandel, Immigration Provisions of the Violence
Against Women Act (VAWA), Congressional Research Service, Apr. 10, 2012
(R42477), at 11 n.66.
\56\Id.
---------------------------------------------------------------------------
That fraud is rare in the U visa program is due to the
requirement for a law enforcement certification. This
requirement serves as a significant deterrent to fraud as it
necessitates contact with police officers who must vouch for
the veracity of the victim and the need for the victim's
cooperation. To obtain a U visa, a crime victim must:
Lcontact a law enforcement agency;
Lcooperate with the agency in the
investigation or prosecution of the offense;
Lreceive a written certification from a
supervisor of the law enforcement agency stating that
the petitioner has been the victim of a serious crime
enumerated in statute and has been, is being, or is
likely to be helpful to the agency; and
Lfile a U visa petition with DHS.
As Rep. Lofgren explained at the markup, ``The protection in
the system is the certification by the law enforcement
officials that [the victim] is helpful to the prosecution of
crime. If the person is not helpful, the certification will not
be made, and the U visa will not be issued.''\57\
---------------------------------------------------------------------------
\57\Markup Transcript at 53 (statement of Rep. Lofgren).
---------------------------------------------------------------------------
To believe that the U visa program is fraught with fraud
and abuse, one would have to believe that either law
enforcement personnel are involved in the fraud or that they
lack the competence to discern whether a serious crime has been
committed and whether the victim is of value in the
investigation or prosecution of that crime. On behalf of its
26,000 members, the Federal Law Enforcement Officers
Association observes: ``Law enforcement officers and
prosecutors don't hand out U visas like cotton candy. U visas
are an essential tool carefully used by law enforcement and
tempered with great scrutiny.''\58\ In the absence of any
oversight hearings to explore the issue of fraud, Rep.
Pierluisi was justified in asking at the markup whether the
Majority believes law enforcement officers are incapable of
handling the U visa certification process.\59\
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\58\Letter from Jon Adler, National President, Federal Law
Enforcement Officers Association, to Sen. Patrick Leahy and Sen.
Charles Grassley, at 1 (Jan. 31, 2012) (on file with the H. Comm. on
the Judiciary, Democratic Staff).
\59\Markup Transcript at 228 (statement of Rep. Pierluisi).
---------------------------------------------------------------------------
2. Evidence of Fraud in the VAWA Self-Petition Program is
Scant and Comes from Questionable Sources.
The Majority similarly has no evidence supporting its
allegations that the VAWA self-petition process is rife with
fraud. As with the U visa, this Committee held no hearings on
the VAWA self-petition process and heard from no experts or
other witnesses on the subject of fraud. There are no DHS,
Government Accountability Office (GAO), or other government or
credible third-party reports finding fraud in the VAWA self-
petition process. The only accounts of fraud presented by the
Majority were anecdotes based largely on statements made by
advocates who represent the interests of persons found by the
government to have abused their spouses.
Despite the absence of any reliable evidence of fraud in
the VAWA self-petition process, section 801 of H.R. 4970 would
dismantle the highly specialized VAWA Unit at the Vermont
Service Center. Since 1997, this entity has handled all VAWA
self-petitions filed nationwide. In lieu of adjudicating self-
petitions at a single, centralized facility staffed by
specially trained personnel, H.R. 4970 would have such
petitions adjudicated at local offices scattered throughout the
country. Ironically, such a proposal would likely lead more
fraud, not less.
The VAWA Unit and members of their specialized Fraud Team
work to reduce fraud and ensure consistency in the adjudication
of VAWA self-petitions. Unit adjudicators receive specialized
training and develop significant expertise in evaluating these
cases. Because all VAWA self-petitions nationwide are handled
by adjudicators at a single center, the VAWA Unit is able to
identify evidence and patterns of fraud and abuse that would go
unnoticed if the adjudication process was decentralized.
The Unit has its own Fraud Team, which works closely with
FDNS fraud detection officers and ICE fraud investigators.
Whenever fraud concerns arise, the Unit refers cases to FDNS
and ICE officers for further investigation. The Unit already
reviews and considers all available credible evidence--
including the petitioner's immigration file and any previously
filed petitions--and officers can and do review information
provided directly or indirectly from alleged abusers, though
such information must be corroborated if it is to be relied
upon. The Unit is additionally barred from granting benefits if
a previous petition was found to have involved marriage fraud.
The current VAWA self-petition process is exceptionally
rigorous, rendering it more difficult to defraud than most
other immigration benefit programs. In fiscal year 2011, VAWA
Unit adjudicators issued Requests for Evidence (RFEs) in 114
percent of cases on average.\60\ In other words, Unit
adjudicators issued at least one RFE for every VAWA self-
petition reviewed. During the same fiscal year, USCIS
adjudicators processing regular marriage-based petitions issued
RFEs only 17 percent of the time.\61\
---------------------------------------------------------------------------
\60\Information provided by USCIS (Jan. 31, 2012) (on file with the
H. Comm. on the Judiciary, Democratic Staff).
\61\Id.
---------------------------------------------------------------------------
The extra scrutiny paid to the statutory eligibility
grounds for a VAWA self-petition--which far exceed the
statutory eligibility grounds for a regular marriage-based
petition--is also evident in the approval and denial rate for
such petitions. Whereas VAWA Unit adjudicators deny, on
average, 32 percent of all VAWA self-petitions filed
nationwide, only 9 percent of regular marriage-based petitions
are denied by USCIS adjudicators.\62\ The suggestion that
persons who seek to defraud the system choose to do so through
the VAWA self-petition process is belied by basic facts.
---------------------------------------------------------------------------
\62\Information provided by USCIS (Jan. 6, 2012) (on file with the
H. Comm. on the Judiciary, Democratic Staff).
---------------------------------------------------------------------------
D. The Changes to Section 802 Made During the Markup are Extremely
Insignificant When Compared to the Remaining Problems with the
Immigration Provisions in the Bill.
During the mark-up, Rep. Ted Poe (R-TX) offered to strike
language in the bill that conditioned eligibility for U visa
protections on a victim notifying law enforcement of the crime
within 60 days. Rep. Poe's amendment would have replaced the
60-day requirement with a provision requiring victims to notify
law enforcement prior to the expiration of the relevant statute
of limitations. Rep. Melvin Watt (D-NC) offered a second degree
amendment that would strike both time limitations and restore
current law in this area. Members from both sides of the aisle
joined together to accept the amendments and strike both
provisions from the original bill.
The removal of those two provisions from the bill marked a
small step in the right direction. Sections 801, 802, and 806
of H.R. 4970, however, still contain significant provisions
that eviscerate longstanding protections for victims of
domestic or sexual assault and other serious crimes. It is
deeply troubling to the undersigned Members--many of whom
served in Congress when VAWA protections were created and
extended with strong bipartisan support--that one of the only
improvements made to H.R. 4970 during an 8-hour markup was the
removal of two small paragraphs that were themselves rollbacks
of existing law.
II. H.R. 4970 FAILS TO ENSURE THAT VAWA PROTECTS
VULNERABLE GROUPS
In addition to rolling back protections for immigrant
victims, H.R. 4970 fails to protect tribal women and LGBT
individuals. Protections for these groups were included in the
Senate-passed bill, S. 1925, at the request of law enforcement
agencies, domestic violence advocates, survivors, and service
providers. Rep. Gwen Moore (D-WI) included similar provisions
in her bill, H.R. 4271. H.R. 4970, however, fails to contain
these protections, leaving gaps in service to many deserving
victims.
A. H.R. 4970 excludes provisions that would make Indian women safer.
H.R. 4970 omits key tribal jurisdictional provisions,
passed with overwhelming support as part of S. 1925, that would
ensure equal access to justice for Indian women. In particular,
H.R. 4970 strips sections 904, 905, and 906 of the Senate-
passed bill, as well as critical changes to the Tribal
Coalition Program that were contained in section 902. These
provisions were the result of years of government consultations
between the U.S. Department of Justice and tribal leaders, as
well as meetings and coordination with federal prosecutors, FBI
agents, tribal justice personnel, victim advocates, and other
key stakeholders.
The crisis of violence against Native American women is
well-documented.\63\ Thirty four percent of Native women are
raped during their lifetime and 39 percent suffer domestic
violence. Additionally, while violence against white and
African American victims is primarily intra-racial, nearly four
in five American Indian victims of rape and sexual assault
described their offender as white.\64\ Current law forces
tribes to rely exclusively on distant federal or state
government officials to investigate and prosecute misdemeanor
crimes of domestic violence committed by non-Indians against
Native women. As a result, many cases go uninvestigated and
criminals go unpunished.
---------------------------------------------------------------------------
\63\See, e.g., Amnesty International, Maze of Injustice: The
Failure to Protect Indigenous Women from Sexual Violence in the USA
(2007) available at http://www.amnesty.org/en/library/asset/AMR51/035/
2007/en/cbd28fa9-d3ad-11dd-a329-2146302a8cc6/amr510352007en.pdf.
\64\Department of Justice, Bureau of Justice Statistics, a BJS
Statistical Profile, 1992-2002, American Indians and Crime, 9 (2004),
available at http://bjs.ojp.usdoj.gov/content/pub/pdf/aic02.pdf. This
same study found that, on some reservations, Native American women are
murdered at a rate more than ten times the national average.
---------------------------------------------------------------------------
Responding to the crisis of violence against all victims,
including Native women, has been a core principle of VAWA from
its inception. While H.R. 4970 fails to address this issue, the
Senate-passed bill and Rep. Moore's bill would bolster existing
efforts by expanding Federal law enforcement tools and
recognizing limited concurrent tribal jurisdiction to
investigate, prosecute, convict, and sentence non-Indian
persons who assault Indian spouses, intimate partners, or
dating partners, or who violate protection orders, in Indian
country. These new provisions further the community-coordinated
response model which has been critical to VAWA's success by
recognizing that tribal nations may be best able to address
violence in their own communities. Neither the United States
nor any State would lose any criminal jurisdiction as a result.
Section 904 of both the Senate-passed bill and the Moore
bill builds on the groundwork laid by Congress in passing the
Tribal Law and Order Act.\65\ This Act is based on the premise
that tribal nations with sufficient resources and authority
will best be able to address violence in their own communities,
and they should be allowed to do so when the necessary
procedural protections are established. Extending this
jurisdiction in a very narrow set of cases over non-Indians who
voluntarily and knowingly established significant ties to the
tribe is consistent with that approach, responsive to the
epidemic of violence experienced by Native women, and within
the authority of Congress to do.
---------------------------------------------------------------------------
\65\Tribal Law and Order Act of 2010, Pub. L. No. 111-211, 124
Stat. 2261 (2010).
---------------------------------------------------------------------------
Another important tool in reducing violence on tribal land
is the use of protection orders. Section 905 of the Senate-
passed bill and the Moore bill clarifies Congress' intent to
recognize that tribal courts have full civil jurisdiction to
issue and enforce protection orders involving any person,
Indian or non-Indian. At least one Federal district court has
misinterpreted 18 U.S.C. Sec. 2265(e) and held that tribes lack
civil jurisdiction to issue and enforce protection orders
against certain non-Indians who reside within the
reservation.\66\ That decision erroneously undercuts tribal
courts' ability to protect victims and maintain public safety
within their communities. Section 905 of the Senate-passed bill
and the Moore bill corrects this error and does not alter,
diminish, or expand tribal criminal jurisdiction or existing
tribal authority to exclude individuals from Indian land.
---------------------------------------------------------------------------
\66\Oliphant vs. Suquamish Indian Tribe, 415 U.S. 191 (1978).
---------------------------------------------------------------------------
Despite the acknowledged core principle and purpose of
VAWA, the Majority refused to include even limited
authorization of tribal jurisdiction over non-Indian
perpetrators of domestic violence. During the markup of H.R.
4970, the Chairman refused to allow consideration of a
substitute amendment offered by Ranking Member Conyers, which
contained the same tribal provisions as the bipartisan Senate-
passed bill. Rather than allow the Committee to work its will
on this important issue, the Chairman ruled the amendment out
of order because some of these provisions were in the
jurisdiction of the Natural Resources Committee. While the
Chair was within his authority under the House rules, he could
have exercised his discretion to allow the amendment to
proceed. Indeed, just moments before the Conyers substitute was
considered, the Chairman allowed the managers amendment to
proceed notwithstanding significant portions that were outside
the Judiciary Committee's jurisdiction. The Chairman's
discretion would have been particularly appropriate in this
instance because the omission of the tribal provisions meant
the Natural Resources Committee would not have an opportunity
to take up the measure, effectively foreclosing any opportunity
to consider these provisions at any point in the process.
Rep. Darrell Issa (R-CA) also attempted to offer an
amendment that would have granted limited tribal criminal
domestic violence jurisdiction over non-Indians, noting that
``there is an important issue here about tribal sovereignty and
perhaps what one might call race discrimination.''\67\ Again,
the Chairman refused to exercise his discretion to allow
consideration of the provisions. Before withdrawing his
amendment, Rep. Issa took issue with the Chair's decision and
asked:
---------------------------------------------------------------------------
\67\Markup Transcript at 88 (statement of Rep. Issa).
So when we are trying to create better opportunity to
deal with domestic violence, greater sovereignty by
Native Americans, we are also dealing with the most
fundamental point, which I believe is well within this
committee's jurisdiction, if we have protection against
discrimination based on race, isn't the current law a
clear discrimination between two residents of a
reservation simply based on their race?\68\
---------------------------------------------------------------------------
\68\Id. at 90.
The Chairman did not answer Rep. Issa's question, but instead
acknowledged the ``legitimate concern'' and offered that the
issues would be considered at ``the appropriate time.''\69\
---------------------------------------------------------------------------
\69\Id. (statement of Rep. Smith).
---------------------------------------------------------------------------
In the meantime, the rate of domestic and dating violence
perpetrated against Native women by non-Indians will go
unabated despite the acknowledgment by tribal leaders, police
officers and prosecutors that ``violence that goes unaddressed
with beating after beating, each more severe than the last--all
too often leads to death or severe physical injury.''\70\
---------------------------------------------------------------------------
\70\Letter from the Alaska Federation of Natives and the Leadership
Conference on Civil and Human Rights to Rep. Don Young (D-AK) (May 7,
2012).
---------------------------------------------------------------------------
B. H.R. 4970 Does Not Ensure VAWA Protections for LGBT Victims
While there have been significant advances in the fight to
extend protections against discrimination and violence to LGBT
Americans, there is still much work that needs to be done.
Despite efforts by Democratic Members of the Committee to
include express protections for this vulnerable and underserved
population in this VAWA reauthorization, Republicans on the
Committee consistently voted those improvements down. Their
primary argument for refusing to ensure protection for the LGBT
community is that everyone is equally protected under VAWA.
This ignores the reality that victims have been denied services
based on sexual orientation or gender identity and overlooks
the reality that the LGBT community is an ``underserved
population'' and should be expressly recognized as such under
VAWA.
The National Task Force Coalition took great care to ensure
that every weakness in past iterations of the VAWA were
addressed in this year's reauthorization and their
recommendations were adopted on a bipartisan basis by the
Senate in S. 1925. Committee Republicans ignored the bipartisan
agreements in the Senate. Thus, unlike the Senate bill, H.R.
4970 does not include clarifying language that would ensure
that service providers, law enforcement officials, court
personnel and others better serve and support victims who have
had difficulty accessing traditional services because of their
sexual orientation or gender identity. Just as they removed
language to help minority women of linguistic and culturally
specific populations, Committee Republicans similarly omitted
Senate language protecting victims based on ``sexual
orientation or gender identity.''
We know that discrimination and unequal treatment still
abound, including with respect to issues of domestic violence
and sexual assault. We know that LGBT Americans suffer from
these crimes just like everyone else,\71\ and recent studies
show that LGBT victims face unjust discrimination when
accessing services. For example, 45% of LGBT victims were
turned away when they sought help from a domestic violence
shelter, according to a 2010 survey, and nearly 55% were denied
orders of protection.\72\ Service providers have gathered
numerous stories of LGBT victims who were denied assistance or
services because of their sexual orientation or gender
identity. Despite the clear evidence of the need for education,
outreach, and basic services for the LGBT community with regard
to domestic violence, Republicans chose to ignore all of these
realities, instead suggesting more data is required, rather
than acting to protect lives through inclusive clarifying
language.\73\
---------------------------------------------------------------------------
\71\Why It Matters: Rethinking Victim Assistance for Lesbian, Gay,
Bisexual, Transgender, and Queer Victims of Hate Violence & Intimate
Partner Violence, at http://www.avp.org/documents/WhyItMatters.pdf.
\72\Lesbian, Gay, Bisexual, Transgender, Queer and HIV-Affected
Intimate Partner Violence, National Coalition of Anti-Violence Programs
(2010), at http://www.avp.org/documents/IPVReportfull-web.pdf, pp. 27-
28.
\73\Markup Transcript at 117 (statement of Rep. Smith); at 256
(statement of Rep. King).
---------------------------------------------------------------------------
There is evidence that victim assistant providers do not
have adequate cultural competency to respond to LGBT
victimization, and that LGBT-specific anti-violence programs
are overburdened. Ensuring that law enforcement, victims'
services, and anti-violence programs include and adequately
address the needs of LGBT victims is drastically needed.
Clarifying protection under VAWA for this underserved community
is not affording inappropriate or special treatment to this
community. The inclusive language passed on a bipartisan vote
in the Senate would provide nothing more than education and
focused outreach, the sorts of programs in place for many other
subgroups of Americans. For this reason, Democratic members
filed several amendments in attempt to correct H.R. 4970's
failure to include language to ensure the services and
protections are extended to the LGBT community. All of these
amendments failed on party-line votes.
First, because H.R. 4970 excludes language from S. 1925
that would include ``sexual orientation and gender'' identity
to the services, training, officers, prosecutors, or STOP
formula grant program under VAWA, Representatives Nadler,
Polis, and Quigley offered an amendment to add this language.
As Rep. Nadler (D-NY) recognized, ``Targeting minority
populations who may be being left out of traditional services,
like LGBT Americans, makes a great deal of logical sense. No
one should be left behind simply because of how they identify
themselves or who they love.''\74\ Rep. Sandy Adams (R-FL), the
bill's lead sponsor, questioned why Rep. Nadler felt the need
to change the STOP grant program to ensure inclusion of LGBT-
specific services, given the high number of women who are the
victims of violence. The express inclusion of sexual
orientation and gender identity would not remove or reduce
protections for women. It would simply ensure that education
and training are broadened to ensure that service providers
have the background needed to serve the specific needs of LGBT
victims as well as women and other underserved populations.
---------------------------------------------------------------------------
\74\Markup Transcript at 95 (statement of Rep. Nadler).
---------------------------------------------------------------------------
Second, Republicans excluded ``sexual orientation and
gender identity'' in the definition of ``underserved
populations'' that was included in S. 1925, claiming that if
the number of groups identified as ``underserved'' continues to
grow, then soon every American will be covered, defeating the
purpose of identifying vulnerable populations. But extension of
protections to a community with a proven history of exclusion
from the services and protections of VAWA will not lead to the
inclusion of other communities that have not been so excluded.
Research and anecdotal evidence show that the LGBT community
faces hurdles in accessing domestic and sexual violence
services. The Senate recognized this in adding this community
to VAWA's definition of ``underserved populations.'' In
recognition of the fact that the LGBT community has been
underserved with regard to services and protections from
discrimination and violence, Representatives Quigley, Polis,
and Nadler offered an amendment to add them to this definition.
Committee Republicans objected, claiming that there is no
need to include this language because there is nothing in
current law that prevents lesbian, gay, or transgender victims
from seeking and receiving federally-funded resources and
services. This claim is not consistent with the evidence, which
indicates that there is insufficient outreach to this community
and services have been denied based on a victim's sexual
orientation or gender identity. A 2-year nationwide assessment
of providers, law enforcement, court personnel, and victims
consistently revealed the need for more training and targeted
services to effectively address the needs of the LGBT
community.\75\
---------------------------------------------------------------------------
\75\Letter from Sharon Stapel, Executive Director, New York City
Anti-Violence Project, and Terra Slavin, Esq., DV Lead Staff, L.A. Gay
& Lesbian Center, Attorney National Coalition of Anti-Violence
Programs, to Rep. Lamar Smith and Rep. John Conyers, Jr. (May 3, 2012)
(on file with the H. Comm. on the Judiciary, Democratic Staff).
---------------------------------------------------------------------------
Yet Committee Republicans consistently argued that
expressly including sexual orientation and gender identity
language is not necessary because the LGBT community is already
fully served and protected under VAWA. In addition to the
evidence showing that this is not the case, Rep. Watt also
noted that it is:
Better to be redundant so you repeat something that is
unnecessary . . . we would rather be redundant if there
is any doubt about it than not to have a clear
statement in our law that all citizens should be
treated appropriately by police, by prosecutors, by
judges, regardless whoever in the criminal justice
system.\76\
---------------------------------------------------------------------------
\76\Markup Transcript at 123-24 (statement of Rep. Watt).
Democrats offered a third amendment to restore language
that over two-thirds of the Senate had included in the
nondiscrimination provision of S. 1925. H.R. 4970 prohibits
discrimination against individuals based on a number of
protected characteristics but not sexual orientation or gender
identity. This leaves lesbian, gay, bisexual and transgender
victims without the same assurance that they will be protected
from discrimination in the provision of services under VAWA.
Representatives Polis, Nadler, Quigley, Waters, and Chu offered
an amendment that would have added sexual orientation and
gender identity to the list of protected characteristics, which
includes race, color, religion, national original, sex, and
disability.
In the simplest of senses, the amendment was a reminder
that programs funded under VAWA must be provided in a non-
discriminatory fashion. Rep. Steve King (R-IA) spoke against
the amendment on the ground that ``sexual orientation and
gender identity'' should not be within the list of groups
protected through the Civil Rights Act because ``sexual
orientation and gender identity . . . are self-professed
qualifications . . . and the inclusion under the Civil Rights
Act is supposed to be a compact way, because they want to avoid
self-professed claim to whatever the particular benefits or
protection might have been.''\77\ This objection appears to be
grounded in a concern that some individuals might falsely claim
(``self-profess'') to be gay, lesbian, bisexual, or transgender
in order to bring themselves within the protection from
discrimination. It is not apparent why this concern should
extend only to sexual orientation or gender identity, as other
protected grounds also may not be known to others until an
individual self-identifies. Moreover, the protection extends to
``actual or perceived'' race, color, religion, national origin,
and disability, with the proposal to amend and add sexual
orientation and gender identity. By protecting individuals from
discrimination based on someone else's perception of their
race, sex, disability, or other protected characteristic, the
law focuses on the reason why the service was denied. If the
reason was an unlawful one, it is prohibited. There simply is
no need for anyone to pass some objective (or not ``self-
professed'') test as to their race, color, religion, national
origin, sex, or disability. The same would be true for sexual
orientation or gender identity.
---------------------------------------------------------------------------
\77\Id. at 255 (statement of Rep. King).
---------------------------------------------------------------------------
Throughout the history of the Violence Against Women Act,
the LGBT community has been told they must wait for the right
time before they can be assured inclusion in the protections
afforded through this Act. While Republicans insist VAWA's
protections are available to them, the language in H.R. 4970
fails to ensure that existing barriers and unjust
discrimination based on sexual orientation and gender identity
are addressed.
III. H.R. 4970 CREATES NEW CRIMINAL PENALTIES IMPOSING MANDATORY
MINIMUMS AND FEDERAL DEATH PENALTIES WITHOUT ANY CONSIDERATION OF THE
SERIOUSNESS OF THE OFFENSE
Section 1005 of the bill creates two new mandatory
minimums: 1) a new 10-year mandatory minimum for aggravated
sexual abuse ``by force or threat'' under 18 U.S.C.
Sec. 2241(a), and 2) a new 5-year mandatory minimum for sexual
abuse ``by other means'' under 18 U.S.C. Sec. 2241(b). Section
1001 also creates new mandatory minimums. Section 1001 provides
that a person convicted of violating 18 U.S.C. Sec. 2243
(sexual abuse of a minor or ward) would be subject to the
penalties under section 2241 if the offense ``would
constitute'' a violation of section 2241 ``if committed in the
special maritime and territorial jurisdiction of the United
States.'' These penalties would include the new 5- and 10-year
mandatory minimums under section 2241(a) and (b), the 30-year
mandatory minimum under section 2241(c), and the ``life''
mandatory minimum for a repeat offender under section 2241(c).
Section 1001 also makes it unlawful, in the course of
committing an offense under 18 U.S.C. Sec. Sec. 241-249 (Civil
Rights) or 42 U.S.C. Sec. 3631 (Fair Housing Act), to engage in
conduct that ``would constitute'' an offense under Chapter 109A
if it had been ``committed in the special maritime and
territorial jurisdiction of the United States,'' subject to the
penalties under the provision of Chapter 109A that ``would have
been violated.'' Again, these would include the new 5- and 10-
year mandatory minimums under section 2241(a) and (b), the 30-
year mandatory minimum under Sec. 2241(c), and the ``life''
mandatory minimum for a repeat offender under Sec. 2241(c).
Rep. Bobby Scott (D-VA) offered an amendment that would
have removed the 5- and 10-year mandatory minimums for
aggravated sexual abuse under section 1005 and the 30-year and
life mandatory minimums for sexual abuse under section 1001 of
the bill. Mandatory minimums transfer sentencing authority from
judges to prosecutors and prevent appropriate individualized
sentences.\78\ As Rep. Scott stated at the markup, ``Mandatory
minimums are based solely on the code section violated, without
any consideration for the seriousness of the offense, and they
remove the sentencing discretion from the Sentencing Commission
and the judge. Regardless of the role of the offender, the
particular crime, the offender's record or lack thereof, or the
facts and circumstances in the case, the judge has no
discretion but to impose mandatory minimums set by legislators
long before the crime was committed.''\79\
---------------------------------------------------------------------------
\78\See Letter from ACLU, FAMM, et al., to Rep. Lamar Smith & Rep.
John Conyers, Jr. (May 7, 2012); Letter from National Association of
Criminal Defense Lawyers and National Association of Federal Defenders
to Reps. Smith, Conyers, Sensenbrenner, and Scott (May 3, 2012) (on
file with H. Comm. on the Judiciary, Democratic Staff).
\79\Markup Transcript at 17-18 (statement of Rep. Scott).
---------------------------------------------------------------------------
In addition, Section 1001 of H.R. 4970 creates a new
federal death penalty provision. As discussed above, Section
1001 would make it unlawful, in the course of committing an
offense under 18 U.S.C. Sec. Sec. 241-249 (Civil Rights) or 42
U.S.C. Sec. 3631 (Fair Housing Act), to engage in conduct that
``would constitute'' an offense under Chapter 109A if it had
been ``committed in the special maritime and territorial
jurisdiction of the United States,'' subject to the penalties
under the provision of Chapter 109A that ``would have been
violated'', which includes the death penalty under section
2245. H.R. 4970 therefore includes a new federal death penalty
for committing a sexual abuse crime in the course of committing
a civil rights or fair housing act offense.
The death penalty system in the United States is applied in
an unfair and unjust manner. Whether or not a defendant gets
the death penalty is largely dependent upon whether he or she
is poor, the skill of his or her attorneys, the race of the
victim, and the region of the country in which the crime took
place.\80\ Minorities are much more likely to be executed than
white people, especially if the victim is white.\81\ The death
penalty is also exorbitantly expensive--far more expensive than
alternative sentences--and has no public safety benefit.\82\
Finally, innocent people are too often sentenced to death.
Since 1973, 140 people have been released from death rows in
the United States because of innocence.\83\
---------------------------------------------------------------------------
\80\See, e.g., http://www.deathpenaltyinfo.org/documents/
FactSheet.pdf; http://takeaction.
amnestyusa.org/atf/cf/%7B4abebe75-41bd-4160-91dd-a9e121f0eb0b%7D/
DEATHPENALTY
FACTS-FEBRUARY%202012.PDF; http://www.amnestyusa.org/our-work/issues/
death-penalty/us-death-penalty-facts/death-penalty-and-arbitrariness.
\81\See Government Accountability Office, Death Penalty Sentencing:
Research Indicates Pattern of Racial Disparities, GGD-90-57, Feb. 26,
1990.
\82\http://www.amnestyusa.org/our-work/issues/death-penalty/us-
death-penalty-facts/death-penalty-cost; see Richard C. Dieter, On the
Front Line: Law Enforcement Views on the Death Penalty, February 1995,
available at http://www.deathpenaltyinfo.org/front-line-law-
enforcement-views-death-penalty (surveying police chiefs nationwide and
finding that fewer than two percent viewed the death penalty as an
effective way to reduce violent crime).
\83\http://www.deathpenaltyinfo.org/innocence-list-those-freed-
death-row.
---------------------------------------------------------------------------
Rep. Scott offered an amendment that would have stricken
the death penalty provision from the bill. This amendment,
however, was defeated.
IV. THE MODEST ENHANCEMENTS IN H.R. 4970 HAVE LITTLE PRACTICAL EFFECT
AND ARE SUBSTANTIALLY OUTWEIGHED BY THE BILL'S MANY HARMS
The Majority argues that H.R. 4970 makes important changes
to VAWA that are not found in the Senate-passed bill or Rep.
Moore's bill, H.R. 4271. As examples, they specifically cite
the bill's provision increasing grant funding for DNA analysis
of backlogged rape kits and certain other provisions intended
to improve accountability. However, further scrutiny reveals
that these modest changes do little to actually address any
real or perceived problems.
A. Changes to Rape Kit Grant Funding Will Do Little To Address the
Backlog
Although H.R. 4970 directs a greater percentage of funds
provided by the Debbie Smith Grant program to be used for
analyses of DNA rape kits, this reallocation will have very
limited practical effect. The Debbie Smith Grant program (42
U.S.C. Sec. 14135) currently authorizes grants to eligible
states and units of local government to conduct DNA analyses of
crime scene samples, including samples from rape kits. It also
authorizes (among other things) grants to carry out (for
inclusion in CODIS) DNA analyses of database samples, such as
samples from convicted offenders, and grants to increase the
capacity of state and local government laboratories to carry
out DNA analyses. All three of these activities are important
to DNA backlog reduction.
The relative priority of these three activities varies with
the particular needs of a state or local government. If funds
were to be appropriated for the Debbie Smith Grant program, the
greater the percentage of funds required to be directed to
carry out DNA analyses of crime scene samples, the smaller the
percentage that could be awarded to enhance laboratory capacity
to analyze DNA database samples or to fulfill certain other
purposes of the program. This well could reduce the flexibility
of States and local governments to develop solutions to
jurisdiction-specific issues and direct resources where they
may be needed most. Thus, the bill offers little to effectively
address the burgeoning DNA backlog.
B. The Accountability Provisions Are a Solution in Search of Problem.
The Majority also claims that the bill's accountability
provisions are significant improvements to current law. These
provisions, however, are based on false assumptions. First, the
requirement that the Justice Department's Office of Inspector
General (OIG) audit ten percent of grantees assumes that the
OIG has the capacity to handle such a caseload and ignores the
likely variations of grantee cases and audit issues, some of
which can be very time consuming. Instead, the OIG should be
permitted to continue to identify grantees for audit based on a
risk assessment rather than a flat percentage of total grants.
Second, the Majority makes certain unsubstantiated
assumptions about the actual need for increased audit
requirements. Since its enactment, VAWA has included important
reporting and oversight requirements both for grantees and for
the Justice Department. In separate letters addressed to Rep.
Poe and Sen. Patrick Leahy (D-VT), the Justice Department
reported that ``VAWA grants are being used effectively for
their intended purpose,'' that ``grant management and grantee
record keeping are generally sound,'' and that, when auditing
problems arise, they are ``not about waste, fraud or abuse, but
rather about inadequate accounting and insufficient
documentation'' and are quickly resolved. In addition, where
there is room for improvement, the Office on Violence Against
Women has already taken several significant steps by improving
training for grantees in accounting practices and creating a
grant, and providing financial management assistance to grant
recipients.
The accountability provisions contained in H.R. 4970 are
not improvements to current law and practice. Rather, they are
largely a solution in search of a problem. The resources
required to implement this substantial new audit requirement
would be better spent on technical assistance and financial
training for the hundreds of small police departments, courts,
and non-profits that are VAWA grantees. Instead of criticizing
these highly skilled victim service providers who may lack
sophisticated accounting practices, the Majority should provide
them with the means by which they can better serve those whom
they assist.
CONCLUSION
In a departure from nearly 20 years of bipartisan
cooperation, the Majority has put forward a bill that rolls
back important protections for immigrant victims and fails to
ensure protection for other vulnerable populations such as
tribal women and LGBT individuals. While we strongly support
reauthorizing the Violence Against Women Act, this legislation
holds reauthorization hostage by including divisive, dangerous,
and short-cited provisions that will make women less safe.
We urge our colleagues to join us in standing up for all
victims of violence and to oppose H.R. 4970.
John Conyers, Jr.
Howard L. Berman.
Jerrold Nadler.
Robert C. ``Bobby'' Scott.
Melvin L. Watt.
Zoe Lofgren.
Sheila Jackson Lee.
Maxine Waters.
Steve Cohen.
Henry C. ``Hank'' Johnson, Jr.
Pedro R. Pierluisi.
Mike Quigley.
Judy Chu.
Ted Deutch.
Linda T. Sanchez.
Jared Polis.
APPENDIX
ORGANIZATIONS AND INDIVIDUALS OPPOSED TO
KEY PROVISIONS OF H.R. 4970
Advocates for Basic Legal Equality, Inc.
Advocates for Human Rights
African Services Committee
Alachua County Victim Services and Rape Crisis Center
Alaska Federation of Natives
American Bar Association
American Civil Liberties Union
American Federation of Labor
American Immigration Lawyers Association
American Jewish Committee
Americans for Immigrant Justice
America's Voice Education Fund
Anindita Dasgupta, MA. Doctoral Candidate at the University of
California, San Diego
Anita Raj, Ph.D. Professor of Medicine and Global Public Health
at the University of California, San Diego
Artemis Justice Center
ASHA for Women
Asian American Legal Defense and Education Fund
Asian & Pacific Islander Institute on Domestic Violence
Boston University Civil Litigation Program
Break the Cycle
Campaign for Community Change
Canal Alliance
Captain Maria Alvarenga Watkins, (Retired) Metropolitan Police
Department, Washington, D.C.
Casa de Esperanza: National [email protected] Network for Healthy Families
and Communities
Casa Esperanza
Central American Resource Center
Chief Brian Kyes, Chelsea Police Department, Massachusetts
Chief Pete Helein, Appleton Wisconsin Police Department
Christian Community Development Association
Church World Service
Clergy and Laity United for Economic Justice
Colorado Coalition Against Sexual Assault
Community Action and Human Services Department
Community Immigration Law Center
Connecticut Legal Services Inc.
Cris M. Sullivan, Ph.D., Professor, Ecological/Community
Psychology, Associate Chair, Psychology Department
Detective Sergeant Robert Mahoney, Peabody Police Department,
Massachusetts
Detective Shelli Sonnenberg, Boise Police Department, Idaho
Detective Stacey Ivie, Alexandria Police Department, Virginia
Domestic Violence in the African American Community
DREAM Activist Virginia
Education Not Deportation Project of the United We Dream
Network
El Rescate Legal Services, Inc.
Empire Justice Center
Enlace Comunitario
Esperanza
Evangelical Lutheran Church in America
Evan Stark, Ph.D., MA, MSW, Professor and Director of Public
Health, School of Public Affairs and Administration,
Rutgers University-Newark & Chair, Department of Urban
Health Administration, UMDNJ-School of Public Health
FaithAction International House
Families for Freedom
Families Against Mandatory Minimums
Feminist Majority
Florida Coastal Immigrant Rights Clinic
Franciscan Action Network
Fuerza Latina
Futures Without Violence
Georgia Latino Alliance for Human Rights
Giselle Hass, PsyD, Adjunct Professor of Law at Georgetown
University Law Center, Center for Applied Legal Studies
Hebrew Immigrant Aid Society
Helene Berman, RN, Ph.D., President of the Nursing Network on
Violence Against Women International
Human Rights Campaign
Human Rights Initiative of North Texas
Human Rights Watch
Immigrant Defense Project
Immigrant Law Center of Minnesota
Immigration Equality
inMotion, Inc.
InterCultural Advocacy Institute
Inter Tribal Council of Arizona
International Institute of the Bay Area
Intimate Partner Violence Assistance Clinic University of
Florida, Levin College of Law
Jacquelyn Campbell, Ph.D., RN, FAAN, Anna D. Wolf Chair, The
Johns Hopkins University School of Nursing and National
Director, Robert Wood Johnson Foundation Nurse Faculty
Scholars
Jay G. Silverman, Ph.D. Professor of Medicine and Global Health
Division of Global Public Health Senior Fellow, Center on
Global Justice University of California at San Diego,
School of Medicine Adjunct Associate Professor of Society,
Human Development and Health Harvard School of Public
Health
Jewish Women International
Just Neighbors
Justice For Our Neighbors-Southeastern Michigan
Kentucky Coalition for Immigrant and Refugee Rights
La Fe Multi-Ethnic Ministries, Intervarsity Christian
Fellowship/USA
La Jolla Band of Luiseno Indians
Latin American Coalition
LatinoJustice PRLDEF
Leadership Conference of Women Religious
Legal Aid Society of the Orange County Bar Association, Inc.
Legal Momentum
Leslye E. Orloff, J.D. Director, National Immigrant Women's
Advocacy Project, American University Washington College of
Law
Lieutenant Carole Germano, Danvers Police Department,
Massachusetts
Lutheran Immigration and Refugee Service
Massachusetts Immigrant and Refugee Advocacy Coalition
Mary Ann Dutton, Ph.D., Professor, Department of Psychiatry,
Georgetown University Medical Center
Mennonite Central Committee U.S.
Minnesota Coalition for Battered Women
Mountain Crisis Services
Muslim Public Affairs Council
Nassau County Coalition Against Domestic Violence
NAACP Legal Defense and Educational Fund, Inc.
National Advocacy Center of the Sisters of the Good Shepherd
National Alliance to End Sexual Violence
National Asian Pacific American Women's Forum
National Association of Criminal Defense Lawyers
National Association of Evangelicals
National Association of Federal Defenders
National Center for Transgender Equality
National Coalition Against Domestic Violence
National Coalition of Anti-Violence Programs
National Coalition on Black Civic Participation
National Congress of American Indians
National Congress of American Indians Task Force on Violence
Against Women
National Council of Jewish Women
National Council of Juvenile and Family Court Judges
National Council of La Raza
National Council of Negro Women, Inc.
National Employment Law Project
National Hispanic Christian Leadership Conference
National Immigrant Justice Center
National Immigration Forum
National Immigration Law Center
National Immigration Project of the National Lawyers Guild
National Latina Institute for Reproductive Health
National Latino Evangelical Coalition
National Legal Aid & Defender Association
National Network to End Domestic Violence
National Organization for Women Foundation
National Organization of Sisters of Color Ending Sexual Assault
National Resource Center on Domestic Violence and the Women of
Color Network
National Task Force to End Sexual and Domestic Violence Against
Women
Nawal Ammar, PhD, Professor and Dean of the Faculty of Social
Science and Humanities at the University of Ontario
Institute of Technology
NETWORK, A National Catholic Social Justice Lobby
New Sanctuary Coalition of NYC
NewBridges Immigrant Resource Center
Northwest Immigrant Rights Project
Officer Michael LaRiviere, Salem Police Department,
Massachusetts
Paso del Norte Civil Rights Project
Pennsylvania Immigration Resource Center
Political Asylum Immigration Representation Project
Public Justice Center
Rachael Rodriguez, Ph.D., Associate Professor in the School of
Nursing at Edgewood College
Rainbow Services, Ltd.
Refugio del Rio Grande
Rhonda Giger, Prosecutor-City of Bothell, WA
Rocky Mountain Immigrant Advocacy Network
Ross Silverman LLP
Rural Women's Health Project
Sargent Shriver National Center on Poverty Law
Sergeant Inspector Antonio Flores, San Francisco Police
Department, California
Service Employees International Union
Sisters of Mercy of the Americas
Sisters of St. Francis of Philadelphia
Sojourners
South Asian Americans Leading Together
Stephanie J. Nawyn, Ph.D., Department of Sociology, Michigan
State University
Supervising Deputy Sheriff Marcus Bruning, St. Louis County
Sheriff's Office, Missouri
Tahirih Justice Center
Tapestri, Inc
The Bridge to Hope
The Episcopal Church
The Immigrant Legal Resource Center
The Kansas/Missouri Dream Alliance
The Leadership Conference for Civil and Human Rights
The Sentencing Project
The Violence Intervention Program
The William Kellibrew Foundation
TN Coalition to End Domestic and Sexual Violence
UC Davis Immigration Law Clinic
Unitarian Universalist Association of Congregations
United Methodist Church
United Migrant Opportunity Services
UnitedWomen.org
U.S. Conference of Catholic Bishops
VIDA Legal Assistance, Inc.
Virginia Organizing
Virginia Sexual & Domestic Violence Action Alliance
Voces Unidas for Justice
Voices of Men
Washington Immigration Defense Group
Washington State Coalition Against
Willow Creek Community Church
Women of Color Network
Women's Refugee Commission
Worker Justice Center of New York
World Evangelical Alliance
World Relief
YWCA USA