Library / Laws / 113th / s / S. 47 / Engrossed in Senate
113th CONGRESS
1st Session
S. 47
AN ACT
To reauthorize the Violence Against Women
Act of 1994.
1.
Short title
This Act may be cited as the
Violence Against Women Reauthorization
Act of 2013.
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. Universal definitions and grant conditions.
Sec. 4. 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. Sex offender management.
Sec. 106. Court-appointed special advocate program.
Sec. 107. Criminal provision relating to stalking, including
cyberstalking.
Sec. 108. Outreach and services to underserved populations
grant.
Sec. 109. Culturally specific services grant.
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. Enhanced training and services to end abuse 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. Campus sexual violence, domestic violence, dating
violence, and stalking education and prevention.
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 healthcare system’s response to
domestic violence, dating violence, sexual assault, and stalking
Sec. 501. Consolidation of grants to strengthen the healthcare
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—Protection of battered immigrants
Sec. 801. U nonimmigrant definition.
Sec. 802. Annual report on immigration applications made by
victims of abuse.
Sec. 803. Protection for children of VAWA
self-petitioners.
Sec. 804. Public charge.
Sec. 805. Requirements applicable to U visas.
Sec. 806. Hardship waivers.
Sec. 807. Protections for a fiancée or fiancé of a
citizen.
Sec. 808. Regulation of international marriage
brokers.
Sec. 809. Eligibility of crime and trafficking victims in the
Commonwealth of the Northern Mariana Islands to adjust status.
Sec. 810. Disclosure of information for national security
purposes.
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. Tribal jurisdiction over crimes of domestic
violence.
Sec. 905. Tribal protection orders.
Sec. 906. Amendments to the Federal assault
statute.
Sec. 907. Analysis and research on violence against Indian
women.
Sec. 908. Effective dates; pilot project.
Sec. 909. Indian law and order commission; Report on the Alaska
Rural Justice and Law Enforcement Commission.
Sec. 910. Special rule for the State of Alaska.
TITLE X—SAFER Act
Sec. 1001. Short
title.
Sec. 1002. Debbie
Smith grants for auditing sexual assault evidence backlogs.
Sec. 1003. Reports to
Congress.
Sec. 1004. Reducing
the rape kit backlog.
Sec. 1005. Oversight and accountability.
Sec. 1006. Sunset.
TITLE XI—Other matters
Sec. 1101. Sexual abuse in custodial settings.
Sec. 1102. Anonymous online harassment.
Sec. 1103. Stalker database.
Sec. 1104. Federal victim assistants
reauthorization.
Sec. 1105. Child abuse training programs for judicial personnel
and practitioners reauthorization.
TITLE XII—Trafficking victims protection
Subtitle A—Combating international trafficking in
persons
Sec. 1201. Regional strategies for combating trafficking in
persons.
Sec. 1202. Partnerships against significant trafficking in
persons.
Sec. 1203. Protection and assistance for victims of
trafficking.
Sec. 1204. Minimum standards for the elimination of
trafficking.
Sec. 1205. Best practices in trafficking in persons
eradication.
Sec. 1206. Protections for domestic workers and other
nonimmigrants.
Sec. 1207. Prevention of child marriage.
Sec. 1208. Child soldiers.
Subtitle B—Combating Trafficking in Persons in the United
States
PART I—Penalties against traffickers and other crimes
Sec. 1211. Criminal trafficking offenses.
Sec. 1212. Civil remedies; clarifying definition.
PART II—Ensuring availability of possible witnesses and
informants
Sec. 1221. Protections for trafficking victims who cooperate
with law enforcement.
Sec. 1222. Protection against fraud in foreign labor
contracting.
PART III—Ensuring interagency coordination and expanded
reporting
Sec. 1231. Reporting requirements for the Attorney
General.
Sec. 1232. Reporting requirements for the Secretary of
Labor.
Sec. 1233. Information sharing to combat child labor and slave
labor.
Sec. 1234. Government training efforts to include the
Department of Labor.
Sec. 1235. GAO report on the use of foreign labor
contractors.
Sec. 1236. Accountability.
PART IV—Enhancing State and local efforts to combat trafficking in
persons
Sec. 1241. Assistance for domestic minor sex trafficking
victims.
Sec. 1242. Expanding local law enforcement grants for
investigations and prosecutions of trafficking.
Sec. 1243. Model State criminal law protection for child
trafficking victims and survivors.
Subtitle C—Authorization of appropriations
Sec. 1251. Adjustment of authorization levels for the
Trafficking Victims Protection Act of 2000.
Sec. 1252. Adjustment of authorization levels for the
Trafficking Victims Protection Reauthorization Act of 2005.
Subtitle D—Unaccompanied Alien Children
Sec. 1261. Appropriate custodial settings for unaccompanied
minors who reach the age of majority while in Federal custody.
Sec. 1262. Appointment of child advocates for unaccompanied
minors.
Sec. 1263. Access to Federal foster care and unaccompanied
refugee minor protections for certain U Visa recipients.
Sec. 1264. GAO study of the effectiveness of border
screenings.
3.
Universal 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) by striking paragraphs (5), (17), (18),
(23), (29), (33), (36), and (37);
(2) by redesignating—
(A) paragraphs (34) and (35) as paragraphs (41)
and (42), respectively;
(B) paragraphs (30), (31), and (32) as
paragraphs (36), (37), and (38), respectively;
(C) paragraphs (24) through (28) as paragraphs
(30) through (34), respectively;
(D) paragraphs (21) and (22) as paragraphs (26)
and (27), respectively;
(E) paragraphs (19) and (20) as paragraphs (23)
and (24), respectively;
(F) paragraphs (10) through (16) as paragraphs
(13) through (19), respectively;
(G) paragraphs (6), (7), (8), and (9) as
paragraphs (8), (9), (10), and (11), respectively; and
(H) paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5), respectively;
(3) by inserting before paragraph (2), as
redesignated, the following:
(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.).
;
(4) in paragraph (3), as redesignated, by
striking serious harm. and inserting serious harm to an
unemancipated minor.;
(5) in paragraph (4), as redesignated, by
striking The term through that— and inserting
The term community-based organization means a nonprofit,
nongovernmental, or tribal organization that serves a specific geographic
community that—;
(6) by inserting after paragraph (5), as
redesignated, the following:
(6)
Culturally specific
The term culturally specific
means primarily directed toward racial and ethnic minority groups (as defined
in section 1707(g) of the Public Health Service Act (42 U.S.C.
300u–6(g)).
(7)
Culturally specific services
The term culturally specific
services means community-based services that include culturally relevant
and linguistically specific services and resources to culturally specific
communities.
;
(7) in paragraph (8), as redesignated, by
inserting or intimate partner after former spouse
and as a spouse;
(8) by inserting after paragraph (11), as
redesignated, the following:
(12)
Homeless
The term homeless has the
meaning provided in section
41403(6).
;
(9) in paragraph (18), as redesignated, by
inserting or Village Public Safety Officers after
governmental victim services programs;
(10) in paragraph (19), as redesignated, by
inserting at the end the following:
Intake or referral, by itself, does
not constitute legal
assistance.
;
(11) by inserting after paragraph (19), as
redesignated, the following:
(20)
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.
(21)
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.
(22)
Population specific services
The term population specific
services means victim-centered services that 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 that are designed primarily for and are targeted to a specific
underserved
population.
;
(12) in paragraph (23), as redesignated, by
striking services and inserting
assistance;
(13) by inserting after paragraph (24), as
redesignated, the following:
(25)
Rape crisis center
The term rape crisis center
means a nonprofit, nongovernmental, or tribal organization, or governmental
entity in a State other than a Territory that provides intervention and related
assistance, as specified in section 41601(b)(2)(C), to victims of sexual
assault without regard to their age. In the case of a governmental entity, the
entity may not be part of the criminal justice system (such as a law
enforcement agency) and must be able to offer a comparable level of
confidentiality as a nonprofit entity that provides similar victim
services.
;
(14) in paragraph (26), as redesignated—
(A) in subparagraph (A), by striking
or after the semicolon;
(B) in subparagraph (B), by striking the period
and inserting ; or; and
(C) by inserting at the end the
following:
(C) any federally recognized Indian
tribe.
;
(15) in paragraph (27), as redesignated—
(A) by striking 52 and inserting
57; and
(B) by striking 150,000 and
inserting 250,000;
(16) by inserting after paragraph (27), as
redesignated, the following:
(28)
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.
(29)
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.
;
(17) by inserting after paragraph (34), as
redesignated, the following:
(35)
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.
;
(18) by inserting after paragraph (38), as
redesignated, the following:
(39)
Underserved populations
The term underserved
populations means populations who face barriers in accessing and using
victim services, and includes populations underserved because of geographic
location, religion, sexual orientation, gender identity, 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.
(40)
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.
;
and
(19) by inserting after paragraph (42), as
redesignated, the following:
(43)
Victim service provider
The term victim service
provider means a nonprofit, nongovernmental or tribal organization or
rape crisis center, including a State or tribal coalition, that assists or
advocates for domestic violence, dating violence, sexual assault, or stalking
victims, including 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.
(44)
Victim services or services
The terms victim services and
services mean 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.
(45)
Youth
The term youth means a person
who is 11 to 24 years
old.
.
(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 striking clauses
(i) and (ii) and inserting the following:
(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 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.
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, the 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) 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 and prosecution
purposes.
(ii) In no circumstances may—
(I) an adult, youth, or child victim of
domestic violence, dating violence, sexual assault, or stalking be required 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;
(II) any personally identifying information be
shared in order to comply with Federal, tribal, or State reporting, evaluation,
or data collection requirements, whether for this program or any other Federal,
tribal, or State 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
section prohibits a grantee or subgrantee from reporting suspected abuse or
neglect, as those terms are defined and specifically mandated by the State or
tribe involved.
;
and
(E) by inserting after subparagraph (F), as
redesignated, the following:
(G)
Confidentiality assessment and
assurances
Grantees and
subgrantees must document 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 or 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 available to the public via the agency’s
website.; 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 the United States shall, on
the basis of actual or perceived race, color, religion, national origin, sex,
gender identity (as defined in paragraph 249(c)(4) of title 18, United States
Code), sexual orientation, 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 2013, and 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)
Exception
If sex segregation or sex-specific
programming is necessary to the essential operation of a program, nothing in
this paragraph shall prevent any such program or activity from consideration of
an individual’s sex. In such circumstances, grantees may meet the requirements
of this paragraph by providing comparable services to individuals who cannot be
provided with the sex-segregated or sex-specific programming.
(C)
Discrimination
The authority of the Attorney General and
the Office of Justice Programs to enforce this paragraph shall be the same as
it is under section 3789d of title 42, United States Code.
(D)
Construction
Nothing contained in this paragraph shall
be construed, interpreted, or applied to supplant, displace, preempt, or
otherwise diminish the responsibilities and liabilities under other State or
Federal civil rights law, whether statutory or common.
(14)
Clarification of victim services and legal
assistance
Victim services
and legal assistance under this title also 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).
(15)
Conferral
(A)
In general
The Office on Violence Against Women shall
establish a biennial conferral process with State and tribal coalitions and
technical assistance providers who receive funding through grants administered
by the Office on Violence Against Women and authorized by this Act, and other
key stakeholders.
(B)
Areas covered
The areas of conferral under this paragraph
shall include—
(i) the administration of grants;
(ii) unmet needs;
(iii) promising practices in the field;
and
(iv) emerging trends.
(C)
Initial conferral
The first conferral shall be initiated not
later than 6 months after the date of enactment of the
Violence Against Women Reauthorization Act of
2013.
(D)
Report
Not later than 90 days after the conclusion
of each conferral period, the Office on Violence Against Women shall publish a
comprehensive report that—
(i) summarizes the issues presented during
conferral and what, if any, policies it intends to implement to address those
issues;
(ii) is made available to the public on the
Office on Violence Against Women’s website and submitted to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary of the House of
Representatives.
(16)
Accountability
All grants awarded by the Attorney General
under this Act shall be subject to the following accountability
provisions:
(A)
Audit requirement
(i)
In general
Beginning in the first fiscal year
beginning after the date of the enactment of this Act, and in each fiscal year
thereafter, the Inspector General of the Department of Justice shall conduct
audits of recipients of grants under this Act to prevent waste, fraud, and
abuse of funds by grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
(ii)
Definition
In this paragraph, the term
unresolved audit finding means a finding in the final audit report
of the Inspector General of the Department of Justice that the audited 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
when the final audit report is issued.
(iii)
Mandatory exclusion
A recipient of grant funds under this Act
that is found to have an unresolved audit finding shall not be eligible to
receive grant funds under this Act during the following 2 fiscal years.
(iv)
Priority
In awarding grants under this Act, the
Attorney General shall give priority to eligible entities that did not have an
unresolved audit finding during the 3 fiscal years prior to submitting an
application for a grant under this Act.
(v)
Reimbursement
If an entity is awarded grant funds under
this Act during the 2-fiscal-year period in which the entity is barred from
receiving grants under paragraph (2), the Attorney General shall—
(I) deposit an amount equal to the grant funds
that were improperly awarded to the grantee into the General Fund of the
Treasury; and
(II) seek to recoup the costs of the repayment
to the fund from the grant recipient that was erroneously awarded grant
funds.
(B)
Nonprofit organization
requirements
(i)
Definition
For purposes of this paragraph and the
grant programs described in this Act, 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.
(ii)
Prohibition
The Attorney General may not award a grant
under any grant program described in this Act 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.
(iii)
Disclosure
Each nonprofit organization that is awarded
a grant under a grant program described in this Act and uses the procedures
prescribed in regulations to create a rebuttable presumption of reasonableness
for the compensation of its officers, directors, trustees and key employees,
shall disclose to the Attorney General, in the application for the grant, the
process for determining such compensation, including the independent persons
involved in reviewing and approving such compensation, the comparability data
used, and contemporaneous substantiation of the deliberation and decision. Upon
request, the Attorney General shall make the information disclosed under this
subsection available for public inspection.
(C)
Conference expenditures
(i)
Limitation
No amounts authorized to be appropriated to
the Department of Justice under this Act may be used by the Attorney General,
or by any individual or organization awarded discretionary funds through a
cooperative agreement under this Act, to host or support any expenditure for
conferences that uses more than $20,000 in Department funds, unless the Deputy
Attorney General or such Assistant Attorney Generals, Directors, or principal
deputies as the Deputy Attorney General may designate, provides prior written
authorization that the funds may be expended to host a conference.
(ii)
Written approval
Written approval under clause (i) shall
include a written estimate of all costs associated with the conference,
including the cost of all food and beverages, audiovisual equipment, honoraria
for speakers, and any entertainment.
(iii)
Report
The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives on all approved conference
expenditures referenced in this paragraph.
(D)
Annual certification
Beginning in the first fiscal year
beginning 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, an annual
certification that—
(i) all audits issued by the Office of the
Inspector General under paragraph (1) have been completed and reviewed by the
appropriate Assistant Attorney General or Director;
(ii) all mandatory exclusions required under
subparagraph (A)(iii) have been issued;
(iii) all reimbursements required under
subparagraph (A)(v) have been made; and
(iv) includes a list of any grant recipients
excluded under subparagraph (A) from the previous
year.
.
4.
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 beginning of the fiscal year following the date of enactment of this
Act.
I
Enhancing judicial and law enforcement
tools to combat violence against women
101.
Stop grants
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 1001(a)(18) (42 U.S.C.
3793(a)(18)), by striking $225,000,000 for each of fiscal years 2007
through 2011 and inserting $222,000,000 for each of fiscal years
2014 through 2018;
(2) in section 2001(b) (42 U.S.C.
3796gg(b))—
(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, after women,;
(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, including the appropriate use of nonimmigrant status under
subparagraphs (T) and (U) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a));
(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 striking sexual assault and
domestic violence and inserting domestic violence, dating
violence, sexual assault, and stalking; and
(ii) by inserting , classifying,
after identifying;
(F) in paragraph (5)—
(i) by inserting and legal
assistance after victim services;
(ii) by striking domestic violence and
dating violence and inserting domestic violence, dating
violence, and stalking; and
(iii) by striking sexual assault and
domestic violence and inserting 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 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 redesignated by
subparagraph (G), by striking and dating violence and inserting
dating violence, and stalking;
(J) in paragraph (9), as redesignated by
subparagraph (G), by striking domestic violence or sexual
assault and inserting domestic violence, dating violence,
sexual assault, or stalking;
(K) in paragraph (12), as 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) by striking and at the
end;
(L) in paragraph (13), as redesignated by
subparagraph (G)—
(i) by striking to provide and
inserting providing;
(ii) by striking nonprofit
nongovernmental;
(iii) by striking the comma after local
governments;
(iv) in the matter following subparagraph (C),
by striking paragraph (14) and inserting paragraph
(13); and
(v) by striking the period at the end and
inserting a semicolon; and
(M) by inserting after paragraph (13), as
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;
(19) developing, enlarging, or strengthening
programs and projects to provide services and responses targeting male and
female victims of domestic violence, dating violence, sexual assault, or
stalking, whose ability to access traditional services and responses is
affected by their sexual orientation or gender identity, as defined in section
249(c) of title 18, United States Code; and
(20) developing, enhancing, or strengthening
prevention and educational programming to address domestic violence, dating
violence, sexual assault, or stalking, with not more than 5 percent of the
amount allocated to a State to be used for this
purpose.
;
(3) in section 2007 (42 U.S.C.
3796gg–1)—
(A) in subsection (a), by striking
nonprofit nongovernmental victim service 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 striking paragraph (2) and inserting the
following:
(2) grantees and subgrantees shall develop a
plan for implementation and shall 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 in those States with
State or federally recognized Indian tribes;
(G) representatives from underserved
populations, including culturally specific populations;
(H) victim service providers;
(I) population specific organizations;
and
(J) other entities that the State or the
Attorney General identifies as needed for the planning
process;
;
(ii) by redesignating paragraph (3) as paragraph
(4);
(iii) by inserting after paragraph (2), as
amended by clause (i), 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 programs described in section 1404 of the Victims of Crime Act
of 1984 (42 U.S.C. 10603) and section 393A of the Public Health Service Act (42
U.S.C.
280b–1b).
;
(iv) in paragraph (4), as redesignated by clause
(ii)—
(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 (C) and (D);
(III) by inserting after subparagraph (A), the
following:
(B) not less than 25 percent shall be allocated
for prosecutors;
;
and
(IV) in subparagraph (D) as redesignated by
subclause (II) by striking for and inserting to;
and
(v) by adding at the end the following:
(5) not later than 2 years after the date of
enactment of this Act, and every year thereafter, not less than 20 percent of
the total amount granted to a State under this subchapter shall be allocated
for programs or projects in 2 or more allocations listed in paragraph (4) 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.
;
(D) by striking subsection (d) and inserting
the following:
(d)
Application requirements
An application for a grant under this
section 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 of this title;
(4) proof of compliance with the requirements
prohibiting polygraph examinations of victims of sexual assault, described in
section 2013 of this title;
(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; 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 to ensure
that the States meet statutory, regulatory, and other program
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 the entities listed in subsection (c)(2), that identifies how
the State will use the funds awarded under this part, including how the State
will meet the requirements of subsection (c)(5); and
(2) submit to the Attorney General—
(A) the implementation plan developed under
paragraph (1);
(B) documentation from each member of the
planning committee as to their 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 in order 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 regulations issued pursuant to subsection (e)(2);
(G) goals and objectives for reducing domestic
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 in
subsection (c)(4)
;
(4) in section 2010 (42 U.S.C.
3796gg–4)—
(A) in subsection (a), by striking paragraph
(1) and inserting the following:
(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); and
(C) 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 this Act to come
into compliance with this section.
;
and
(5) in section 2011(a)(1) (42 U.S.C.
3796gg–5(a)(1))—
(A) by inserting modification,
enforcement, dismissal, withdrawal after registration,
each place it appears;
(B) by inserting “, dating violence, sexual
assault, or stalking” after “felony domestic violence”; and
(C) by striking victim of domestic
violence and all that follows through sexual assault and
inserting victim of domestic violence, dating violence, sexual assault,
or stalking.
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, courts, 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, staff from 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, prosecutors, and the judiciary in
recognizing, investigating, and prosecuting instances of domestic violence,
dating violence, sexual assault, and stalking against immigrant victims,
including the appropriate use of applications for nonimmigrant status under
subparagraphs (T) and (U) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)).
(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.
(20) To provide human immunodeficiency virus
testing programs, counseling, and prophylaxis for victims of sexual
assault.
(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), and adjusting the margin accordingly;
(ii) in paragraph (2), by inserting
except for a court, before demonstrate;
(iii) in paragraph (3)—
(I) by striking spouses each
place it appears and inserting parties; and
(II) by striking spouse and
inserting party;
(iv) in paragraph (4)—
(I) by inserting , dating violence,
sexual assault, or stalking after felony domestic
violence;
(II) by inserting modification,
enforcement, dismissal, after registration, each place
it appears;
(III) by inserting dating
violence, after victim of domestic violence,; and
(IV) by striking and at the
end;
(v) in paragraph (5)—
(I) in the matter preceding subparagraph (A),
by striking , not later than 3 years after January 5,
2006;
(II) by inserting , trial of, or
sentencing for after investigation of each place it
appears;
(III) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), and adjusting the margin accordingly;
(IV) in clause (ii), as redesignated by
subclause (III) of this clause, by striking subparagraph (A) and
inserting clause (i); and
(V) by striking the period at the end and
inserting ; and;
(vi) by redesignating paragraphs (1) through
(5), as amended by this subparagraph, as subparagraphs (A) through (E),
respectively;
(vii) in the matter preceding subparagraph (A),
as redesignated by clause (v) of this subparagraph—
(I) by striking the comma that immediately
follows another comma; and
(II) by striking grantees are
States and inserting the following: “grantees are—
(1) States
;
and
(viii) 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 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg).
(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 2014 through 2018.; and
(2) by striking the period that immediately
follows another period.
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
victims 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,
except that not more than 10 percent of the funds awarded under this section
may be used for the purpose described in this
paragraph.
;
(4) in subsection (d)—
(A) in paragraph (1), by striking this
section has completed and all that follows and inserting the following:
this section—
(A) has demonstrated expertise in providing
legal assistance 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) in paragraph (1), by
striking this section and all that follows and inserting the
following: this section $57,000,000 for each of fiscal years 2014
through 2018..
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. 316), and
inserting the following:
1301.
Grants to support families in the Justice
System
(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 and court-appointed 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 appropriate resources in juvenile
court matters to respond to dating violence, domestic violence, sexual assault
(including child sexual abuse), and stalking and ensure necessary services
dealing with the 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) provide civil legal assistance and advocacy
services, including legal information and resources in cases in which the
victim proceeds pro se, to—
(A) victims of domestic violence; and
(B) nonoffending parents in matters—
(i) that involve allegations of child sexual
abuse;
(ii) that relate to family matters, including
civil protection orders, custody, and divorce; and
(iii) in which the other parent is represented by
counsel;
(7) 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
(8) to improve training and education to assist
judges, judicial personnel, attorneys, child welfare personnel, and legal
advocates in the civil justice system.
(c)
Considerations
(1)
In general
In making grants for purposes described in
paragraphs (1) through (7) 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) for a court-based program, certifies that
victims of domestic violence, dating violence, sexual assault, or stalking are
not charged fees or any other costs related to the filing, petitioning,
modifying, issuance, registration, enforcement, withdrawal, or dismissal of
matters relating to the domestic violence, dating violence, sexual assault, or
stalking;
(4) 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), if the applicant
proposes to operate supervised visitation programs and services or safe
visitation exchange;
(5) 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;
(6) 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
(7) 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 fiscal years 2014 through 2018. Amounts appropriated pursuant to this
subsection shall 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 3796gg–10 of this title.
(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.
105.
Sex offender management
Section 40152(c) of the Violence Against
Women Act of 1994 (42 U.S.C. 13941) is amended by striking
$5,000,000 and all that follows and inserting $5,000,000
for each of fiscal years 2014 through 2018..
106.
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) by striking Code of Ethics
in section (c)(2) and inserting Standards for Programs;
and
(B) by adding at the end the following:
(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 2014 through 2018.
107.
Criminal provision relating to stalking,
including cyberstalking
(a)
Interstate domestic violence
Section 2261(a)(1) of title 18, United
States Code, is amended—
(1) by inserting is present
after Indian Country or; and
(2) by inserting or presence
after as a result of such travel;
(b)
Stalking
Section 2261A of title 18, United States
Code, is amended to read as follows:
2261A.
Stalking
Whoever—
(1) travels in interstate or foreign commerce
or is present within the special maritime and territorial jurisdiction of the
United States, or enters or leaves Indian country, with the intent to kill,
injure, harass, intimidate, 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 or presence engages in conduct that—
(A) places that person in reasonable fear of
the death of, or serious bodily injury to—
(i) that person;
(ii) an immediate family member (as defined in
section 115) of that person; or
(iii) a spouse or intimate partner of that
person; or
(B) causes, attempts to cause, or would be
reasonably expected to cause substantial emotional distress to a person
described in clause (i), (ii), or (iii) of subparagraph (A); or
(2) with the intent to kill, injure, harass,
intimidate, or place under surveillance with intent to kill, injure, harass, or
intimidate another person, uses the mail, any interactive computer service or
electronic communication service or electronic communication system of
interstate commerce, or any other facility of interstate or foreign commerce to
engage in a course of conduct that—
(A) places that person in reasonable fear of
the death of or serious bodily injury to a person described in clause (i),
(ii), or (iii) of paragraph (1)(A); or
(B) causes, attempts to cause, or would be
reasonably expected to cause substantial emotional distress to a person
described in clause (i), (ii), or (iii) of paragraph (1)(A),
shall be punished as provided in
section 2261(b) of this
title.
.
(c)
Interstate violation of protection
order
Section 2262(a)(2) of
title 18, United States Code, is amended by inserting is present
after Indian Country or .
108.
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:
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 covered by paragraph (1) are
the programs carried out under the following provisions:
(A) Section 2001 of the Omnibus Crime Control
and Safe Streets Act of 1968 (Grants to Combat Violent Crimes Against
Women).
(B) Section 2101 of the Omnibus Crime Control
and Safe Streets Act of 1968 (Grants to Encourage Arrest Policies and
Enforcement of Protection Orders Program).
(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, tribal, 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 25
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 implementing prevention,
outreach and intervention strategies to address the barriers to accessing
services, promoting community engagement in the prevention of domestic
violence, dating violence, sexual assault, and stalking within the targeted
underserved populations, and 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 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 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 submit to the Director of the Office on Violence
Against Women a report that describes the activities carried out with grant
funds.
(g)
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 fiscal years 2014
through 2018.
(h)
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.
.
109.
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 striking subsection (a)(2) and
inserting:
(2)
Programs covered
The programs covered by paragraph (1) are
the programs carried out under the following provisions:
(A) Section 2101 of the Omnibus Crime Control
and Safe Streets Act of 1968 (Grants to Encourage Arrest Policies and
Enforcement of Protection Orders).
(B) Section 14201 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.
II
Improving services for victims of domestic
violence, dating violence, sexual assault, and stalking
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 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 inserting or
tribal programs and activities after nongovernmental
organizations; and
(B) in subparagraph (C)(v), by striking
linguistically and; and
(3) in paragraph (4)—
(A) by inserting (including the District
of Columbia and Puerto Rico) after The Attorney General shall
allocate to each State;
(B) by striking the District of
Columbia, Puerto Rico, after Guam;
(C) by striking 0.125 percent
and inserting 0.25 percent; and
(D) by striking The District of Columbia
shall be treated as a territory for purposes of calculating its allocation
under the preceding formula..
(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
2014 through 2018.
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 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) developing, enlarging, or strengthening
programs addressing sexual assault, including sexual assault forensic examiner
programs, Sexual Assault Response Teams, law enforcement training, and programs
addressing rape kit backlogs.
(5) developing programs and strategies that
focus on the specific needs of victims of domestic violence, dating violence,
sexual assault, and stalking who reside in remote rural and geographically
isolated areas, including addressing the challenges posed by the lack of access
to shelters and victims services, and limited law enforcement resources and
training, and providing training and resources to Community Health Aides
involved in the delivery of Indian Health Service
programs.
;
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 2014 through
2018.
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 2014 through
2018.
204.
Enhanced training and services to end abuse
in later life
(a)
In general
Subtitle H of the Violence Against Women
Act of 1994 (42 U.S.C. 14041 et seq.) is amended to read as follows:
H
Enhanced training and services To end abuse
later in life
40801.
Enhanced training and services to end abuse
in later life
(a)
Definitions
In this section—
(1) the term exploitation has
the meaning given the term in section 2011 of the Social Security Act (42
U.S.C. 1397j);
(2) the term later life,
relating to an individual, means the individual is 50 years of age or older;
and
(3) the term neglect means the
failure of a caregiver or fiduciary to provide the goods or services that are
necessary to maintain the health or safety of an individual in later
life.
(b)
Grant Program
(1)
Grants authorized
The Attorney General may make grants to
eligible entities to carry out the activities described in paragraph
(2).
(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
abuse in later life, including domestic violence, dating violence, sexual
assault, stalking, exploitation, and neglect;
(iii) establish or support multidisciplinary
collaborative community responses to victims of abuse in later life, including
domestic violence, dating violence, sexual assault, stalking, exploitation, and
neglect; 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 abuse in later life, including domestic violence, dating violence,
sexual assault, stalking, exploitation, and neglect.
(B)
Permissible activities
An eligible entity receiving a grant under
this section may use 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 abuse in later life,
including domestic violence, dating violence, sexual assault, stalking,
exploitation, and neglect; or
(ii) conduct outreach activities and awareness
campaigns to ensure that victims of abuse in later life, including domestic
violence, dating violence, sexual assault, stalking, exploitation, and neglect
receive appropriate assistance.
(C)
Waiver
The Attorney General may waive 1 or more of
the activities described in subparagraph (A) upon making a determination that
the activity would duplicate services available in the community.
(D)
Limitation
An eligible entity receiving a grant under
this section may use not more than 10 percent of the total funds received under
the grant for an activity described in subparagraph (B)(ii).
(3)
Eligible entities
An entity shall be eligible to receive a
grant under this section if—
(A) the entity 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 over 50 years of age;
(v) a victim service provider with demonstrated
experience in addressing domestic violence, dating violence, sexual assault,
and stalking; or
(vi) a State, tribal, or territorial domestic
violence or sexual assault coalition; and
(B) the entity demonstrates that it is part of
a multidisciplinary partnership that includes, at a minimum—
(i) a law enforcement agency;
(ii) a prosecutor’s office;
(iii) a victim service provider; and
(iv) a nonprofit program or government agency
with demonstrated experience in assisting individuals in later life;
(4)
Underserved populations
In making grants under this section, the
Attorney General shall give priority to proposals providing services to
culturally specific and underserved populations.
(5)
Authorization of
appropriations
There is
authorized to be appropriated to carry out this section $9,000,000 for each of
fiscal years 2014 through
2018.
.
III
Services, protection, and justice for young
victims of violence
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; and
(2) in subsection (c)—
(A) in paragraph (1), by striking
$80,000,000 for each of fiscal years 2007 through 2011 and
inserting $50,000,000 for each of fiscal years 2014 through
2018; and
(B) by adding at the end the following:
(3)
Baseline funding for States, the District
of Columbia, and Puerto Rico
A minimum allocation of $150,000 shall be
awarded in each fiscal year for each of the States, the District of Columbia,
and Puerto Rico. A minimum allocation of $35,000 shall be awarded in each
fiscal year for each Territory. Any unused or remaining funds shall be allotted
to each State, the District of Columbia, and Puerto Rico on the basis of
population.
.
302.
Creating hope
through outreach, options, services, and education for children and
youth
Subtitle L of the
Violence Against Women Act of 1994 is amended by striking sections 41201
through 41204 (42 U.S.C. 14043c through 14043c–3) and inserting the
following:
41201.
Creating
hope through outreach, options, services, and education for children and youth
(choose children & 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,
stalking, or sex trafficking and 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-centered interventions and services that target youth who are
victims of domestic violence, dating violence, sexual assault, stalking, and
sex trafficking. 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, 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. Funds may
be used to—
(A) assess and
analyze currently available services for youth victims of domestic violence,
dating violence, sexual assault, stalking, and sex trafficking, 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, stalking, or sex
trafficking 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, stalking, and
sex trafficking, and to properly refer such children, youth, and their families
to appropriate services.
(2)
Supporting
youth through education and protection
To enable middle schools,
high schools, and institutions of higher education to—
(A) provide training
to school personnel, including healthcare providers and security personnel, on
the needs of students who are victims of domestic violence, dating violence,
sexual assault, stalking, or sex trafficking;
(B) develop and
implement prevention and intervention policies in middle and high schools,
including appropriate responses to, and identification and referral procedures
for, students who are experiencing or perpetrating domestic violence, dating
violence, sexual assault, stalking, or sex trafficking, 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, stalking, or sex trafficking, such as a resource person who is either
on-site or on-call;
(D) implement
developmentally appropriate educational programming for students regarding
domestic violence, dating violence, sexual assault, stalking, and sex
trafficking and the impact of such violence on youth; or
(E) develop
strategies to increase identification, support, referrals, and prevention
programming for youth who are at high risk of domestic violence, dating
violence, sexual assault, stalking, or sex trafficking.
(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, or population-specific or community-based
organization with a demonstrated history of effective work addressing the needs
of youth who are, including runaway or homeless youth affected by, victims of
domestic violence, dating violence, sexual assault, stalking, or sex
trafficking;
(B) a victim service
provider that is partnered with an entity that has a demonstrated history of
effective work addressing the needs of youth; or
(C) 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, a school district, or an institution of higher
education.
(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 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, a school district, or an institution of higher
education.
(B)
Other
partnerships
All applicants under this section are encouraged to
work in partnership with organizations and agencies that work with the relevant
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 all with priority on
victim safety and autonomy; and
(3) ensure that all
individuals providing intervention or prevention programming 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, stalking, and sex trafficking.
(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 2014 through
2018.
(g)
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. The requirements of this section shall not apply to
funds allocated under this paragraph.
(h)
Priority
The
Attorney General shall prioritize grant applications under this section that
coordinate with prevention programs in the
community.
.
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 stalking on campuses,
and and inserting 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 inserting including the use of
technology to commit these crimes, after sexual assault and
stalking,;
(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 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 develop or adapt and provide
developmental, culturally appropriate, and linguistically accessible print or
electronic materials to address both prevention and intervention in domestic
violence, dating violence, sexual violence, 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 2014 through 2018;
(4) in subsection (d)—
(A) by redesignating paragraph (3) as paragraph
(4); 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 there
are and all that follows through the period and inserting there
is authorized to be appropriated $12,000,000 for each of fiscal years 2014
through 2018..
304.
Campus sexual violence, domestic violence,
dating violence, and stalking education and prevention
(a)
In general
Section 485(f) of the Higher Education Act
of 1965 (20 U.S.C. 1092(f)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (C)(iii), by striking the
period at the end and inserting , when the victim of such crime elects
or is unable to make such a report.; and
(B) in subparagraph (F)—
(i) in clause (i)(VIII), by striking
and after the semicolon;
(ii) in clause (ii)—
(I) by striking sexual
orientation and inserting national origin, sexual orientation,
gender identity,; and
(II) by striking the period and inserting
; and; and
(iii) by adding at the end the following:
(iii) of domestic violence, dating violence, and
stalking incidents that were reported to campus security authorities or local
police
agencies.
;
(2) in paragraph (3), by inserting ,
that withholds the names of victims as confidential, after that
is timely;
(3) in paragraph (6)(A)—
(A) by redesignating clauses (i), (ii), and
(iii) as clauses (ii), (iii), and (iv), respectively;
(B) by inserting before clause (ii), as
redesignated by subparagraph (A), the following:
(i) The terms dating violence,
domestic violence, and stalking have the meaning
given such terms in section 40002(a) of the Violence Against Women Act of 1994
(42 U.S.C. 13925(a)).
;
and
(C) by inserting after clause (iv), as
redesignated by subparagraph (A), the following:
(v) The term sexual assault means
an offense classified as a forcible or nonforcible sex offense under the
uniform crime reporting system of the Federal Bureau of
Investigation.
;
(4) in paragraph (7)—
(A) by striking paragraph (1)(F)
and inserting clauses (i) and (ii) of paragraph (1)(F);
and
(B) by inserting after Hate Crime
Statistics Act. the following: For the offenses of domestic
violence, dating violence, and stalking, such statistics shall be compiled in
accordance with the definitions used in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)).;
(5) by striking paragraph (8) and inserting the
following:
(8)
(A) Each institution of higher education
participating in any program under this title and title IV of the Economic
Opportunity Act of 1964, other than a foreign institution of higher education,
shall develop and distribute as part of the report described in paragraph (1) a
statement of policy regarding—
(i) such institution’s programs to prevent
domestic violence, dating violence, sexual assault, and stalking; and
(ii) the procedures that such institution will
follow once an incident of domestic violence, dating violence, sexual assault,
or stalking has been reported, including a statement of the standard of
evidence that will be used during any institutional conduct proceeding arising
from such a report.
(B) The policy described in
subparagraph (A) shall
address the following areas:
(i) Education programs to promote the awareness
of rape, acquaintance rape, domestic violence, dating violence, sexual assault,
and stalking, which shall include—
(I) primary prevention and awareness programs
for all incoming students and new employees, which shall include—
(aa) a
statement that the institution of higher education prohibits the offenses of
domestic violence, dating violence, sexual assault, and stalking;
(bb) the
definition of domestic violence, dating violence, sexual assault, and stalking
in the applicable jurisdiction;
(cc) the
definition of consent, in reference to sexual activity, in the applicable
jurisdiction;
(dd) safe
and positive options for bystander intervention that may be carried out by an
individual to prevent harm or intervene when there is a risk of domestic
violence, dating violence, sexual assault, or stalking against a person other
than such individual;
(ee) information on risk reduction to recognize
warning signs of abusive behavior and how to avoid potential attacks;
and
(ff) the
information described in clauses (ii) through (vii); and
(II) ongoing prevention and awareness campaigns
for students and faculty, including information described in items (aa) through
(ff) of subclause
(I).
(ii) Possible sanctions or protective measures
that such institution may impose following a final determination of an
institutional disciplinary procedure regarding rape, acquaintance rape,
domestic violence, dating violence, sexual assault, or stalking.
(iii) Procedures victims should follow if a sex
offense, domestic violence, dating violence, sexual assault, or stalking has
occurred, including information in writing about—
(I) the importance of preserving evidence as
may be necessary to the proof of criminal domestic violence, dating violence,
sexual assault, or stalking, or in obtaining a protection order;
(II) to whom the alleged offense should be
reported;
(III) options regarding law enforcement and
campus authorities, including notification of the victim's option to—
(aa) notify proper law enforcement authorities,
including on-campus and local police;
(bb) be
assisted by campus authorities in notifying law enforcement authorities if the
victim so chooses; and
(cc) decline to notify such authorities;
and
(IV) where applicable, the rights of victims and
the institution's responsibilities regarding orders of protection, no contact
orders, restraining orders, or similar lawful orders issued by a criminal,
civil, or tribal court.
(iv) Procedures for institutional disciplinary
action in cases of alleged domestic violence, dating violence, sexual assault,
or stalking, which shall include a clear statement that—
(I) such proceedings shall—
(aa) provide a prompt, fair, and impartial
investigation and resolution; and
(bb) be
conducted by officials who receive annual training on the issues related to
domestic violence, dating violence, sexual assault, and stalking and how to
conduct an investigation and hearing process that protects the safety of
victims and promotes accountability;
(II) the accuser and the accused are entitled to
the same opportunities to have others present during an institutional
disciplinary proceeding, including the opportunity to be accompanied to any
related meeting or proceeding by an advisor of their choice; and
(III) both the accuser and the accused shall be
simultaneously informed, in writing, of—
(aa) the
outcome of any institutional disciplinary proceeding that arises from an
allegation of domestic violence, dating violence, sexual assault, or
stalking;
(bb) the
institution's procedures for the accused and the victim to appeal the results
of the institutional disciplinary proceeding;
(cc) of
any change to the results that occurs prior to the time that such results
become final; and
(dd) when
such results become final.
(v) Information about how the institution will
protect the confidentiality of victims, including how publicly-available
recordkeeping will be accomplished without the inclusion of identifying
information about the victim, to the extent permissible by law.
(vi) Written notification of students and
employees about existing counseling, health, mental health, victim advocacy,
legal assistance, and other services available for victims both on-campus and
in the community.
(vii) Written notification of victims about
options for, and available assistance in, changing academic, living,
transportation, and working situations, if so requested by the victim and if
such accommodations are reasonably available, regardless of whether the victim
chooses to report the crime to campus police or local law enforcement.
(C) A
student or employee who reports to an institution of higher education that the
student or employee has been a victim of domestic violence, dating violence,
sexual assault, or stalking, whether the offense occurred on or off campus,
shall be provided with a written explanation of the student or employee's
rights and options, as described in clauses (ii) through (vii) of subparagraph
(B).
;
(6) in paragraph (9), by striking The
Secretary and inserting The Secretary, in consultation with the
Attorney General of the United States,;
(7) by striking paragraph (16) and inserting
the following:
(16)
(A) The Secretary shall seek the advice and
counsel of the Attorney General of the United States concerning the
development, and dissemination to institutions of higher education, of best
practices information about campus safety and emergencies.
(B) The Secretary shall seek the advice and
counsel of the Attorney General of the United States and the Secretary of
Health and Human Services concerning the development, and dissemination to
institutions of higher education, of best practices information about
preventing and responding to incidents of domestic violence, dating violence,
sexual assault, and stalking, including elements of institutional policies that
have proven successful based on evidence-based outcome
measurements.
;
and
(8) by striking paragraph (17) and inserting
the following:
(17) No officer, employee, or agent of an
institution participating in any program under this title shall retaliate,
intimidate, threaten, coerce, or otherwise discriminate against any individual
for exercising their rights or responsibilities under any provision of this
subsection.
.
(b)
Effective
date
The amendments made by
this section shall take effect with respect to the annual security report under
section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1))
prepared by an institution of higher education 1 calendar year after the date
of enactment of this Act, and each subsequent calendar year.
IV
Violence reduction practices
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 2014 through
2018.
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:
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) age and developmentally-appropriate
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,
healthcare 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 non-profit,
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
non-profit, 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 non-profit, nongovernmental organization with a
demonstrated history of effective work addressing the needs of children exposed
to domestic violence, dating violence, sexual assault, or stalking.
(D) A nonprofit, nongovernmental entity
providing services for runaway or homeless youth affected by domestic violence,
dating violence, sexual assault, or stalking.
(E) Healthcare 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; or
(3) 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, a school district, or an institution of higher education.
(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—
(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 2014 through 2018. Amounts appropriated under this section may
only be used for programs and activities described under this section.
(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. If an
insufficient number of applications are received from Indian tribes or tribal
organizations, such funds shall be allotted to other population-specific
programs.
.
(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).
V
Strengthening the healthcare system’s
response to domestic violence, dating violence, sexual assault, and
stalking
501.
Consolidation of grants to strengthen the
healthcare 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:
399P.
Grants to strengthen the healthcare
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 culturally competent
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;
(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, in accordance with the multi-stakeholder and quality
measurement processes established under paragraphs (7) and (8) of section
1890(b) and section 1890A of the Social Security Act (42 U.S.C. 1395aaa(b)(7)
and (8); 42 U.S.C. 1890A); and
(iv) the provision of training and follow-up
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)
Application
(A)
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.
(B)
Subsection (a)(1) and (2)
grantees
Applications for
grants under paragraphs (1) and (2) of subsection (a) shall include—
(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.
(C)
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 a
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 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,
dating or sexual violence 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 2014 through 2018.
(h)
Definitions
Except as otherwise provided herein, the
definitions provided for in section 40002 of the Violence Against Women Act of
1994 shall apply to this
section.
.
(b)
Repeals
The following provisions are
repealed:
(1) Section 40297 of the Violence Against Women
Act of 1994 (42 U.S.C. 13973).
(2) Section 758 of the Public Health Service
Act (42 U.S.C. 294h).
VI
Safe homes for victims of domestic
violence, dating violence, sexual assault, and stalking
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:
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:
2
Housing rights
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) the program under subtitle A of 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)) that bears 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
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 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, 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.
(2)
Provision
Each public housing agency or owner or
manager of housing assisted under a covered housing program shall provide the
notice developed under paragraph (1), together with the form described in
subsection (c)(3)(A), to an applicant for or tenants 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;
(C) with any notification of eviction or
notification of termination of assistance; and
(D) 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 transfers
Each appropriate agency shall adopt a model
emergency transfer plan for use by public housing agencies and owners or
managers of housing assisted under covered housing programs that—
(1) allows tenants who are victims of domestic
violence, dating violence, sexual assault, or stalking to transfer to another
available and safe dwelling unit assisted under a covered housing program
if—
(A) the tenant expressly requests the transfer;
and
(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) in the case of a tenant who is a victim of
sexual assault, the sexual assault occurred on the premises during the 90 day
period preceding the request for transfer; and
(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.
(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, assistance
under section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)).
(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 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; 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 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; and
(ii) in subparagraph (B)—
(I) in clause (ii), by striking , 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; 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 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
(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
(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.
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 et seq.)
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) in subsection (b)(3)—
(i) in subparagraph (A), by striking
and at the end;
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after subparagraph (A) the
following:
(B) secure employment, including obtaining
employment counseling, occupational training, job retention counseling, and
counseling concerning re-entry in to the workforce;
and
;
and
(iv) in subparagraph (C), as redesignated by
clause (ii), by striking employment counseling,; and
(D) in subsection (g)—
(i) in paragraph (1), by striking
$40,000,000 for each of fiscal years 2007 through 2011 and
inserting $35,000,000 for each of fiscal years 2014 through
2018; 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 activities that may
compromise victim safety, including—
(I) background checks of victims; or
(II) clinical evaluations to determine
eligibility for services;
(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.
.
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
2014 through 2018; 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
2014 through 2018.
VII
Economic security for victims of
violence
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 2014 through
2018.
VIII
Protection of battered immigrants
801.
U nonimmigrant definition
Section 101(a)(15)(U)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended by
inserting stalking; after sexual
exploitation;.
802.
Annual report on immigration applications
made by victims of abuse
Not
later than December 1, 2014, 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).
803.
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
.
804.
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)).
.
805.
Requirements applicable to U visas
(a)
In general
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.
.
(b)
Effective
date
The amendment made by
subsection (a) shall take effect as if enacted as part of the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law 106–386; 114 Stat.
1464).
806.
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.
807.
Protections for a fiancée or fiancé 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).;
(B) in paragraph (2)(A), in the matter
preceding clause (i)—
(i) by striking a consular
officer and inserting the Secretary of Homeland
Security; and
(ii) by striking the officer and
inserting the Secretary; and
(C) 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) by amending paragraph (4)(B)(ii) to read as
follows:
(ii) To notify the beneficiary as required by
clause (i), the Secretary of Homeland Security shall provide such notice to the
Secretary of State for inclusion in the mailing to the beneficiary described in
section 833(a)(5)(A)(i) of the International Marriage Broker Regulation Act of
2005 (8 U.S.C. 1375a(a)(5)(A)(i)).
;
and
(3) 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—
(1) in subsection (a)(5)(A)—
(A) in clause (iii)—
(i) by striking State any and
inserting State, for inclusion in the mailing described in clause (i),
any; and
(ii) by striking the last sentence; and
(B) by adding at the end the following:
(iv) The Secretary of Homeland Security shall
conduct a background check of the National Crime Information Center’s
Protection Order Database on each petitioner for a visa under subsection (d) or
(r) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184). Any
appropriate information obtained from such background check—
(I) shall accompany the criminal background
information provided by the Secretary of Homeland Security to the Secretary of
State and shared by the Secretary of State with a beneficiary of a petition
referred to in clause (iii); and
(II) shall not be used or disclosed for any
other purpose unless expressly authorized by law.
(v) The Secretary of Homeland Security shall
create a cover sheet or other mechanism to accompany the information required
to be provided to an applicant for a visa under subsection (d) or (r) of
section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) by clauses
(i) through (iv) of this paragraph or by clauses (i) and (ii) of subsection
(r)(4)(B) of such section 214, that calls to the applicant’s attention—
(I) whether the petitioner disclosed a
protection order, a restraining order, or criminal history information on the
visa petition;
(II) the criminal background information and
information about any protection order obtained by the Secretary of Homeland
Security regarding the petitioner in the course of adjudicating the petition;
and
(III) whether the information the petitioner
disclosed on the visa petition regarding any previous petitions filed under
subsection (d) or (r) of such section 214 is consistent with the information in
the multiple visa tracking database of the Department of Homeland Security, as
described in subsection (r)(4)(A) of such section
214.
;
and
(2) in subsection (b)(1)(A), by striking
or after orders and inserting
and.
808.
Regulation of international marriage
brokers
(a)
Implementation of the International
Marriage Broker Act of 2005
(1)
Findings
Congress finds the following:
(A) The International Marriage Broker Act of
2005 (subtitle D of Public Law 109–162; 119 Stat. 3066) has not been fully
implemented with regard to investigating and prosecuting violations of the law,
and for other purposes.
(B) Six years after Congress enacted the
International Marriage Broker Act of 2005 to regulate the activities of the
hundreds of for-profit international marriage brokers operating in the United
States, the Attorney General has not determined which component of the
Department of Justice will investigate and prosecute violations of such
Act.
(2)
Report
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 following:
(A) The name of the component of the Department
of Justice responsible for investigating and 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 Act.
(B) A description of the policies and
procedures of the Attorney General for consultation with the Secretary of
Homeland Security and the Secretary of State in investigating and prosecuting
such violations.
(b)
Technical Correction
Section 833(a)(2)(H) of the International
Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(a)(2)(H)) is amended by
striking Federal and State sex offender public registries and
inserting the National Sex Offender Public Website.
(c)
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—
(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 the 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 7 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)—
(A) in subparagraph (A)(i)—
(i) in the heading, by striking
registries.— and inserting
website.—; and
(ii) by striking Registry or State sex
offender public registry, and inserting Website,;
and
(B) in subparagraph (B)(ii), by striking
or stalking. and inserting stalking, or an attempt to
commit any such crime.;
(3) in paragraph (3)—
(A) in subparagraph (A)—
(i) in clause (i), by striking Registry,
or of the relevant State sex offender public registry for any State not yet
participating in the National Sex Offender Public Registry, in which the United
States client has resided during the previous 20 years, and inserting
Website; and
(ii) in clause (iii)(II), by striking
background information collected by the international marriage broker
under paragraph (2)(B); and inserting signed certification and
accompanying documentation or attestation regarding the background information
collected under paragraph (2)(B);; and
(B) by striking subparagraph (C);
(4) in paragraph (5)—
(A) in subparagraph (A)(ii), by striking
A penalty may be imposed under clause (i) by the Attorney General
only and inserting At the discretion of the Attorney General, a
penalty may be imposed under clause (i) either by a Federal judge, or by the
Attorney General;
(B) by amending subparagraph (B) to read as
follows:
(B)
Federal criminal penalties
(i)
Failure of international marriage brokers
to comply with obligations
Except as provided in clause (ii), an
international marriage broker that, in circumstances in or affecting interstate
or foreign commerce, or within the special maritime and territorial
jurisdiction of the United States—
(I) except as provided in subclause (II),
violates (or attempts to violate) paragraph (1), (2), (3), or (4) shall be
fined in accordance with title 18, United States Code, or imprisoned for not
more than 1 year, or both; or
(II) knowingly violates or attempts to violate
paragraphs (1), (2), (3), or (4) shall be fined in accordance with title 18,
United States Code, or imprisoned for not more than 5 years, or both.
(ii)
Misuse of information
A person who knowingly discloses, uses, or
causes to be used any information obtained by an international marriage broker
as a result of a requirement under paragraph (2) or (3) for any purpose other
than the disclosures required under paragraph (3) shall be fined in accordance
with title 18, United States Code, or imprisoned for not more than 1 year, or
both.
(iii)
Fraudulent failures of United States
clients to make required self-disclosures
A person who knowingly and with intent to
defraud another person outside the United States in order to recruit, solicit,
entice, or induce that other person into entering a dating or matrimonial
relationship, makes false or fraudulent representations regarding the
disclosures described in clause (i), (ii), (iii), or (iv) of subsection
(d)(2)(B), including by failing to make any such disclosures, shall be fined in
accordance with title 18, United States Code, imprisoned for not more than 1
year, or both.
(iv)
Relationship to other
penalties
The penalties
provided in clauses (i), (ii), and (iii) are in addition to any other civil or
criminal liability under Federal or State law to which a person may be subject
for the misuse of information, including misuse to threaten, intimidate, or
harass any individual.
(v)
Construction
Nothing in this paragraph or paragraph (3)
or (4) may be construed to prevent the disclosure of information to law
enforcement or pursuant to a court
order.
;
and
(C) in subparagraph (C), by striking the period
at the end and inserting including equitable remedies.;
(5) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(6) by inserting after paragraph (5) the
following:
(6)
Enforcement
(A)
Authority
The Attorney General shall be responsible
for the enforcement of the provisions of this section, including the
prosecution of civil and criminal penalties provided for by this
section.
(B)
Consultation
The Attorney General shall consult with the
Director of the Office on Violence Against Women of the Department of Justice
to develop policies and public education designed to promote enforcement of
this
section.
.
(d)
GAO study and report
Section 833(f) of the International
Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(f)) is amended—
(1) in the subsection heading, by striking
study and
report.— and inserting studies and reports.—;
and
(2) by adding at the end the following:
(4)
Continuing impact study and report
(A)
Study
The Comptroller General shall conduct a
study on the continuing impact of the implementation of this section and of
section of 214 of the Immigration and Nationality Act (8 U.S.C. 1184) on the
process for granting K nonimmigrant visas, including specifically a study of
the items described in subparagraphs (A) through (E) of paragraph (1).
(B)
Report
Not later than 2 years after the date of
the enactment of the Violence Against Women
Reauthorization Act of 2013, the Comptroller General shall submit
to the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report setting forth the results of
the study conducted under subparagraph (A).
(C)
Data collection
The Attorney General, the Secretary of
Homeland Security, and the Secretary of State shall collect and maintain the
data necessary for the Comptroller General to conduct the study required by
paragraph
(1)(A).
.
809.
Eligibility of crime and trafficking
victims in the Commonwealth of the Northern Mariana Islands to adjust
status
Section 705(c) of the
Consolidated Natural Resources Act of 2008 (Public Law 110–229; 48 U.S.C. 1806
note), is amended by striking except that, and all that follows
through the end, and inserting the following: “except that—
(1) for the purpose of determining whether an
alien lawfully admitted for permanent residence (as defined in section
101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)) has
abandoned or lost such status by reason of absence from the United States, such
alien’s presence in the Commonwealth, before, on or after November 28, 2009,
shall be considered to be presence in the United States; and
(2) for the purpose of determining whether an
alien whose application for status under subparagraph (T) or (U) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) was
granted is subsequently eligible for adjustment under subsection (l) or (m) of
section 245 of such Act (8 U.S.C. 1255), such alien’s physical presence in the
Commonwealth before, on, or after November 28, 2009, and subsequent to the
grant of the application, shall be considered as equivalent to presence in the
United States pursuant to a nonimmigrant admission in such
status.
.
810.
Disclosure of information for national
security purposes
(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
Section 384(d) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(d)) is
amended—
(1) by inserting , Secretary of
State, after The Attorney General;
(2) by inserting , Department of
State, after Department of Justice; and
(3) 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
the enactment of this Act, the Attorney General, the Secretary of State, 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 1986 is amended by
striking 241(a)(2) in the matter following subparagraph (F) and
inserting 237(a)(2).
IX
Safety for Indian women
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 youth and children exposed to
domestic violence, dating violence, sexual assault, or stalking, including
support for the nonabusing parent or the caretaker of the youth or 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.
.
902.
Grants to Indian tribal
coalitions
Section 2001 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg) is amended by striking subsection (d) and inserting the
following:
(d)
Tribal coalition grants
(1)
Purpose
The Attorney General shall award a grant to
tribal coalitions for purposes of—
(A) increasing awareness of domestic violence
and sexual assault against Indian women;
(B) enhancing the response to violence against
Indian women at the Federal, State, and tribal levels;
(C) identifying and providing technical
assistance to coalition membership and tribal communities to enhance access to
essential services to Indian women victimized by domestic and sexual violence,
including sex trafficking; and
(D) assisting Indian tribes in developing and
promoting State, local, and 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, sex trafficking,
and stalking.
(2)
Grants
The Attorney General shall award grants on
an annual basis under paragraph (1) to—
(A) each tribal coalition that—
(i) meets the criteria of a tribal coalition
under section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a));
(ii) is recognized by the Office on Violence
Against Women; and
(iii) provides services to Indian tribes;
and
(B) organizations that propose to incorporate
and operate a tribal coalition in areas where Indian tribes are located but no
tribal coalition exists.
(3)
Use
of amounts
For each of fiscal
years 2014 through 2018, of the amounts appropriated to carry out this
subsection—
(A) not more than 10 percent shall be made
available to organizations described in paragraph (2)(B), provided that 1 or
more organizations determined by the Attorney General to be qualified
apply;
(B) not less than 90 percent shall be made
available to tribal coalitions described in paragraph (2)(A), which amounts
shall be distributed equally among each eligible tribal coalition for the
applicable fiscal year.
(4)
Eligibility for other grants
Receipt of an award under this subsection
by a tribal coalition shall not preclude the tribal coalition from receiving
additional grants under this title to carry out the purposes described in
paragraph (1).
(5)
Multiple purpose applications
Nothing in this subsection prohibits any
tribal coalition or organization described in paragraph (2) from applying for
funding to address sexual assault or domestic violence needs in the same
application.
.
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
2013 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.
.
904.
Tribal jurisdiction over crimes of domestic
violence
Title II of Public
Law 90–284 (25 U.S.C. 1301 et seq.) (commonly known as the Indian Civil
Rights Act of 1968) is amended by adding at the end the
following:
204.
Tribal jurisdiction over crimes of domestic
violence
(a)
Definitions
In this section:
(1)
Dating violence
The term dating violence means
violence committed by a person who is or has been in a social relationship of a
romantic or intimate nature with the victim, as determined by the length of the
relationship, the type of relationship, and the frequency of interaction
between the persons involved in the relationship.
(2)
Domestic violence
The term domestic violence
means 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, or by a person similarly situated to a spouse of the
victim under the domestic- or family- violence laws of an Indian tribe that has
jurisdiction over the Indian country where the violence occurs.
(3)
Indian
country
The term Indian
country has the meaning given the term in section 1151 of title 18,
United States Code.
(4)
Participating tribe
The term participating tribe
means an Indian tribe that elects to exercise special domestic violence
criminal jurisdiction over the Indian country of that Indian tribe.
(5)
Protection order
The term protection
order—
(A) means any injunction, restraining order, or
other order issued by a civil or criminal court for the purpose of preventing
violent or threatening acts or harassment against, sexual violence against,
contact or communication with, or physical proximity to, another person;
and
(B) includes any temporary or final order
issued by a civil or criminal court, whether obtained by filing an independent
action or as a pendent lite order in another proceeding, if the civil or
criminal order was issued in response to a complaint, petition, or motion filed
by or on behalf of a person seeking protection.
(6)
Special domestic violence criminal
jurisdiction
The term
special domestic violence criminal jurisdiction means the criminal
jurisdiction that a participating tribe may exercise under this section but
could not otherwise exercise.
(7)
Spouse or intimate partner
The term spouse or intimate
partner has the meaning given the term in section 2266 of title 18,
United States Code.
(b)
Nature of the criminal
jurisdiction
(1)
In general
Notwithstanding any other provision of law,
in addition to all powers of self-government recognized and affirmed by
sections 201 and 203, the powers of self-government of a participating tribe
include the inherent power of that tribe, which is hereby recognized and
affirmed, to exercise special domestic violence criminal jurisdiction over all
persons.
(2)
Concurrent jurisdiction
The exercise of special domestic violence
criminal jurisdiction by a participating tribe shall be concurrent with the
jurisdiction of the United States, of a State, or of both.
(3)
Applicability
Nothing in this section—
(A) creates or eliminates any Federal or State
criminal jurisdiction over Indian country; or
(B) affects the authority of the United States
or any State government that has been delegated authority by the United States
to investigate and prosecute a criminal violation in Indian country.
(4)
Exceptions
(A)
Victim and defendant are both
non-indians
(i)
In general
A participating tribe may not exercise
special domestic violence criminal jurisdiction over an alleged offense if
neither the defendant nor the alleged victim is an Indian.
(ii)
Definition of victim
In this subparagraph and with respect to a
criminal proceeding in which a participating tribe exercises special domestic
violence criminal jurisdiction based on a violation of a protection order, the
term victim means a person specifically protected by a protection
order that the defendant allegedly violated.
(B)
Defendant lacks ties to the indian
tribe
A participating tribe
may exercise special domestic violence criminal jurisdiction over a defendant
only if the defendant—
(i) resides in the Indian country of the
participating tribe;
(ii) is employed in the Indian country of the
participating tribe; or
(iii) is a spouse, intimate partner, or dating
partner of—
(I) a member of the participating tribe;
or
(II) an Indian who resides in the Indian country
of the participating tribe.
(c)
Criminal conduct
A participating tribe may exercise special
domestic violence criminal jurisdiction over a defendant for criminal conduct
that falls into one or more of the following categories:
(1)
Domestic violence and dating
violence
An act of domestic
violence or dating violence that occurs in the Indian country of the
participating tribe.
(2)
Violations of protection
orders
An act that—
(A) occurs in the Indian country of the
participating tribe; and
(B) violates the portion of a protection order
that—
(i) prohibits or provides protection against
violent or threatening acts or harassment against, sexual violence against,
contact or communication with, or physical proximity to, another person;
(ii) was issued against the defendant;
(iii) is enforceable by the participating tribe;
and
(iv) is consistent with section 2265(b) of title
18, United States Code.
(d)
Rights of defendants
In a criminal proceeding in which a
participating tribe exercises special domestic violence criminal jurisdiction,
the participating tribe shall provide to the defendant—
(1) all applicable rights under this
Act;
(2) if a term of imprisonment of any length may
be imposed, all rights described in section 202(c);
(3) the right to a trial by an impartial jury
that is drawn from sources that—
(A) reflect a fair cross section of the
community; and
(B) do not systematically exclude any
distinctive group in the community, including non-Indians; and
(4) all other rights whose protection is
necessary under the Constitution of the United States in order for Congress to
recognize and affirm the inherent power of the participating tribe to exercise
special domestic violence criminal jurisdiction over the defendant.
(e)
Petitions To stay detention
(1)
In general
A person who has filed a petition for a
writ of habeas corpus in a court of the United States under section 203 may
petition that court to stay further detention of that person by the
participating tribe.
(2)
Grant of stay
A court shall grant a stay described in
paragraph (1) if the court—
(A) finds that there is a substantial
likelihood that the habeas corpus petition will be granted; and
(B) after giving each alleged victim in the
matter an opportunity to be heard, finds by clear and convincing evidence that
under conditions imposed by the court, the petitioner is not likely to flee or
pose a danger to any person or the community if released.
(3)
Notice
An Indian tribe that has ordered the
detention of any person has a duty to timely notify such person of his rights
and privileges under this subsection and under section 203.
(f)
Grants to tribal governments
The Attorney General may award grants to
the governments of Indian tribes (or to authorized designees of those
governments)—
(1) to strengthen tribal criminal justice
systems to assist Indian tribes in exercising special domestic violence
criminal jurisdiction, including—
(A) law enforcement (including the capacity of
law enforcement or court personnel to enter information into and obtain
information from national crime information databases);
(B) prosecution;
(C) trial and appellate courts;
(D) probation systems;
(E) detention and correctional
facilities;
(F) alternative rehabilitation centers;
(G) culturally appropriate services and
assistance for victims and their families; and
(H) criminal codes and rules of criminal
procedure, appellate procedure, and evidence;
(2) to provide indigent criminal defendants
with the effective assistance of licensed defense counsel, at no cost to the
defendant, in criminal proceedings in which a participating tribe prosecutes a
crime of domestic violence or dating violence or a criminal violation of a
protection order;
(3) to ensure that, in criminal proceedings in
which a participating tribe exercises special domestic violence criminal
jurisdiction, jurors are summoned, selected, and instructed in a manner
consistent with all applicable requirements; and
(4) to accord victims of domestic violence,
dating violence, and violations of protection orders rights that are similar to
the rights of a crime victim described in section 3771(a) of title 18, United
States Code, consistent with tribal law and custom.
(g)
Supplement, not supplant
Amounts made available under this section
shall supplement and not supplant any other Federal, State, tribal, or local
government amounts made available to carry out activities described in this
section.
(h)
Authorization of
appropriations
There are
authorized to be appropriated $5,000,000 for each of fiscal years 2014 through
2018 to carry out subsection (f) and to provide training, technical assistance,
data collection, and evaluation of the criminal justice systems of
participating
tribes.
.
905.
Tribal protection orders
Section 2265 of title 18, United States
Code, is amended by striking subsection (e) and inserting the following:
(e)
Tribal court jurisdiction
For purposes of this section, a court of an
Indian tribe shall have full civil jurisdiction to issue and enforce protection
orders involving any person, including the authority to enforce any orders
through civil contempt proceedings, to exclude violators from Indian land, and
to use other appropriate mechanisms, in matters arising anywhere in the Indian
country of the Indian tribe (as defined in section 1151) or otherwise within
the authority of the Indian
tribe.
.
906.
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 (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
(F) 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)
Definitions
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
intentionally, 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
intentionally, 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.
(c)
Repeat offenders
Section 2265A(b)(1)(B) of title 18, United
States Code, is amended by inserting or tribal after
State.
907.
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
2013, 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 2013; 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 2014 and
2015.
(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
2014 through 2018.
908.
Effective dates; pilot project
(a)
General effective date
Except as provided in section 4 and
subsection (b) of this section, the amendments made by this title shall take
effect on the date of enactment of this Act.
(b)
Effective date for special
domestic-violence criminal jurisdiction
(1)
In general
Except as provided in paragraph (2),
subsections (b) through (d) of section 204 of Public Law 90–284 (as added by
section 904) shall take effect on the date that is 2 years after the date of
enactment of this Act.
(2)
Pilot project
(A)
In general
At any time during the 2-year period
beginning on the date of enactment of this Act, an Indian tribe may ask the
Attorney General to designate the tribe as a participating tribe under section
204(a) of Public Law 90–284 on an accelerated basis.
(B)
Procedure
The Attorney General may grant a request
under subparagraph (A) after coordinating with the Secretary of the Interior,
consulting with affected Indian tribes, and concluding that the criminal
justice system of the requesting tribe has adequate safeguards in place to
protect defendants’ rights, consistent with section 204 of Public Law
90–284.
(C)
Effective dates for pilot
projects
An Indian tribe
designated as a participating tribe under this paragraph may commence
exercising special domestic violence criminal jurisdiction pursuant to
subsections (b) through (d) of section 204 of Public Law 90–284 on a date
established by the Attorney General, after consultation with that Indian tribe,
but in no event later than the date that is 2 years after the date of enactment
of this Act.
909.
Indian law and order commission; Report on
the Alaska Rural Justice and Law Enforcement Commission
(a)
In general
Section 15(f) of the Indian Law Enforcement
Reform Act (25 U.S.C. 2812(f)) is amended by striking 2 years
and inserting 3 years.
(b)
Report
The Attorney General, in consultation with
the Attorney General of the State of Alaska, the Commissioner of Public Safety
of the State of Alaska, the Alaska Federation of Natives and Federally
recognized Indian tribes in the State of Alaska, shall report to Congress not
later than one year after enactment of this Act with respect to whether the
Alaska Rural Justice and Law Enforcement Commission established under Section
112(a)(1) of the Consolidated Appropriations Act, 2004 should be continued and
appropriations authorized for the continued work of the commission. The report
may contain recommendations for legislation with respect to the scope of work
and composition of the commission.
910.
Special rule for the State of
Alaska
(a)
Expanded
jurisdiction
In the State of Alaska, the amendments made by
sections 904 and 905 shall only apply to the Indian country (as defined in
section 1151 of title 18, United States Code) of the Metlakatla Indian
Community, Annette Island Reserve.
(b)
Retained
jurisdiction
The jurisdiction and authority of each Indian tribe
in the State of Alaska under section 2265(e) of title 18, United States Code
(as in effect on the day before the date of enactment of this Act)—
(1) shall remain in
full force and effect; and
(2) are not limited
or diminished by this Act or any amendment made by this Act.
(c)
Savings
provision
Nothing in this Act or an amendment made by this Act
limits or diminishes the jurisdiction of the State of Alaska, any subdivision
of the State of Alaska, or any Indian tribe in the State of Alaska.
X
SAFER Act
1001.
Short title
This title may be cited as the
Sexual Assault Forensic Evidence
Reporting Act of 2013 or the SAFER Act of 2013.
1002.
Debbie Smith grants for auditing sexual
assault evidence backlogs
Section 2 of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135) is amended—
(1) in subsection (a), by adding at the end the
following new paragraph:
(7) To conduct an audit consistent with
subsection (n) of the samples of sexual assault evidence that are in the
possession of the State or unit of local government and are awaiting
testing.
(8) To ensure that the collection and
processing of DNA evidence by law enforcement agencies from crimes, including
sexual assault and other violent crimes against persons, is carried out in an
appropriate and timely manner and in accordance with the protocols and
practices developed under subsection
(o)(1).
;
(2) in subsection (c), by adding at the end the
following new paragraph:
(4)
Allocation of grant awards for
audits
For each of fiscal
years 2014 through 2017, not less than 5 percent, but not more than 7 percent,
of the grant amounts distributed under paragraph (1) shall, if sufficient
applications to justify such amounts are received by the Attorney General, be
awarded for purposes described in subsection (a)(7), provided that none of the
funds required to be distributed under this paragraph shall decrease or
otherwise limit the availability of funds required to be awarded to States or
units of local government under paragraph
(3).
;
and
(3) by adding at the end the following new
subsections:
(n)
Use of Funds for Auditing Sexual Assault
Evidence Backlogs
(1)
Eligibility
The Attorney General may award a grant
under this section to a State or unit of local government for the purpose
described in subsection (a)(7) only if the State or unit of local
government—
(A) submits a plan for performing the audit of
samples described in such subsection; and
(B) includes in such plan a good-faith estimate
of the number of such samples.
(2)
Grant conditions
A State or unit of local government
receiving a grant for the purpose described in subsection (a)(7)—
(A) may not enter into any contract or
agreement with any non-governmental vendor laboratory to conduct an audit
described in subsection (a)(7); and
(B) shall—
(i) not later than 1 year after receiving the
grant, complete the audit referred to in paragraph (1)(A) in accordance with
the plan submitted under such paragraph;
(ii) not later than 60 days after receiving
possession of a sample of sexual assault evidence that was not in the
possession of the State or unit of local government at the time of the
initiation of an audit under paragraph (1)(A), subject to paragraph (4)(F),
include in any required reports under clause (v), the information listed under
paragraph (4)(B);
(iii) for each sample of sexual assault evidence
that is identified as awaiting testing as part of the audit referred to in
paragraph (1)(A)—
(I) assign a unique numeric or alphanumeric
identifier to each sample of sexual assault evidence that is in the possession
of the State or unit of local government and is awaiting testing; and
(II) identify the date or dates after which the
State or unit of local government would be barred by any applicable statutes of
limitations from prosecuting a perpetrator of the sexual assault to which the
sample relates;
(iv) provide that—
(I) the chief law enforcement officer of the
State or unit of local government, respectively, is the individual responsible
for the compliance of the State or unit of local government, respectively, with
the reporting requirements described in clause (v); or
(II) the designee of such officer may fulfill
the responsibility described in subclause (I) so long as such designee is an
employee of the State or unit of local government, respectively, and is not an
employee of any governmental laboratory or non-governmental vendor laboratory;
and
(v) comply with all grantee reporting
requirements described in paragraph (4).
(3)
Extension of initial deadline
The Attorney General may grant an extension
of the deadline under paragraph (2)(B)(i) to a State or unit of local
government that demonstrates that more time is required for compliance with
such paragraph.
(4)
Sexual assault forensic evidence
reports
(A)
In general
For not less than 12 months after the
completion of an initial count of sexual assault evidence that is awaiting
testing during an audit referred to in paragraph (1)(A), a State or unit of
local government that receives a grant award under subsection (a)(7) shall, not
less than every 60 days, submit a report to the Department of Justice, on a
form prescribed by the Attorney General, which shall contain the information
required under subparagraph (B).
(B)
Contents of reports
A report under this paragraph shall contain
the following information:
(i) The name of the State or unit of local
government filing the report.
(ii) The period of dates covered by the
report.
(iii) The cumulative total number of samples of
sexual assault evidence that, at the end of the reporting period—
(I) are in the possession of the State or unit
of local government at the reporting period;
(II) are awaiting testing; and
(III) the State or unit of local government has
determined should undergo DNA or other appropriate forensic analyses.
(iv) The cumulative total number of samples of
sexual assault evidence in the possession of the State or unit of local
government that, at the end of the reporting period, the State or unit of local
government has determined should not undergo DNA or other appropriate forensic
analyses, provided that the reporting form shall allow for the State or unit of
local government, at its sole discretion, to explain the reasoning for this
determination in some or all cases.
(v) The cumulative total number of samples of
sexual assault evidence in a total under clause (iii) that have been submitted
to a laboratory for DNA or other appropriate forensic analyses.
(vi) The cumulative total number of samples of
sexual assault evidence identified by an audit referred to in paragraph (1)(A)
or under paragraph (2)(B)(ii) for which DNA or other appropriate forensic
analysis has been completed at the end of the reporting period.
(vii) The total number of samples of sexual
assault evidence identified by the State or unit of local government under
paragraph (2)(B)(ii), since the previous reporting period.
(viii) The cumulative total number of samples of
sexual assault evidence described under clause (iii) for which the State or
unit of local government will be barred within 12 months by any applicable
statute of limitations from prosecuting a perpetrator of the sexual assault to
which the sample relates.
(C)
Publication of reports
Not later than 7 days after the submission
of a report under this paragraph by a State or unit of local government, the
Attorney General shall, subject to subparagraph (D), publish and disseminate a
facsimile of the full contents of such report on an appropriate internet
website.
(D)
Personally identifiable
information
The Attorney
General shall ensure that any information published and disseminated as part of
a report under this paragraph, which reports information under this subsection,
does not include personally identifiable information or details about a sexual
assault that might lead to the identification of the individuals
involved.
(E)
Optional reporting
The Attorney General shall—
(i) at the discretion of a State or unit of
local government required to file a report under subparagraph (A), allow such
State or unit of local government, at their sole discretion, to submit such
reports on a more frequent basis; and
(ii) make available to all States and units of
local government the reporting form created pursuant to subparagraph (A),
whether or not they are required to submit such reports, and allow such States
or units of local government, at their sole discretion, to submit such reports
for publication.
(F)
Samples exempt from reporting
requirement
The reporting
requirements described in paragraph (2) shall not apply to a sample of sexual
assault evidence that—
(i) is not considered criminal evidence (such
as a sample collected anonymously from a victim who is unwilling to make a
criminal complaint); or
(ii) relates to a sexual assault for which the
prosecution of each perpetrator is barred by a statute of limitations.
(5)
Definitions
In this subsection:
(A)
Awaiting testing
The term awaiting testing
means, with respect to a sample of sexual assault evidence, that—
(i) the sample has been collected and is in the
possession of a State or unit of local government;
(ii) DNA and other appropriate forensic analyses
have not been performed on such sample; and
(iii) the sample is related to a criminal case or
investigation in which final disposition has not yet been reached.
(B)
Final disposition
The term final disposition
means, with respect to a criminal case or investigation to which a sample of
sexual assault evidence relates—
(i) the conviction or acquittal of all
suspected perpetrators of the crime involved;
(ii) a determination by the State or unit of
local government in possession of the sample that the case is unfounded;
or
(iii) a declaration by the victim of the crime
involved that the act constituting the basis of the crime was not
committed.
(C)
Possession
(i)
In general
The term possession, used with
respect to possession of a sample of sexual assault evidence by a State or unit
of local government, includes possession by an individual who is acting as an
agent of the State or unit of local government for the collection of the
sample.
(ii)
Rule of construction
Nothing in clause (i) shall be construed to
create or amend any Federal rights or privileges for non-governmental vendor
laboratories described in regulations promulgated under section 210303 of the
DNA Identification Act of 1994 (42 U.S.C. 14131).
(o)
Establishment of protocols, technical
assistance, and definitions
(1)
Protocols and practices
Not later than 18 months after the date of
enactment of the SAFER Act of
2013, the Director, in consultation with Federal, State, and
local law enforcement agencies and government laboratories, shall develop and
publish a description of protocols and practices the Director considers
appropriate for the accurate, timely, and effective collection and processing
of DNA evidence, including protocols and practices specific to sexual assault
cases, which shall address appropriate steps in the investigation of cases that
might involve DNA evidence, including—
(A) how to determine—
(i) which evidence is to be collected by law
enforcement personnel and forwarded for testing;
(ii) the preferred order in which evidence from
the same case is to be tested; and
(iii) what information to take into account when
establishing the order in which evidence from different cases is to be
tested;
(B) the establishment of a reasonable period of
time in which evidence is to be forwarded by emergency response providers, law
enforcement personnel, and prosecutors to a laboratory for testing;
(C) the establishment of reasonable periods of
time in which each stage of analytical laboratory testing is to be
completed;
(D) systems to encourage communication within a
State or unit of local government among emergency response providers, law
enforcement personnel, prosecutors, courts, defense counsel, crime laboratory
personnel, and crime victims regarding the status of crime scene evidence to be
tested; and
(E) standards for conducting the audit of the
backlog for DNA case work in sexual assault cases required under subsection
(n).
(2)
Technical assistance and
training
The Director shall
make available technical assistance and training to support States and units of
local government in adopting and implementing the protocols and practices
developed under paragraph (1) on and after the date on which the protocols and
practices are published.
(3)
Definitions
In this subsection, the terms
awaiting testing and possession have the meanings
given those terms in subsection
(n).
.
1003.
Reports to congress
Not later than 90 days after the end of each
fiscal year for which a grant is made for the purpose described in section
2(a)(7) of the DNA Analysis Backlog Elimination Act of 2000, as amended by
section 1002, the Attorney General shall submit to Congress a report
that—
(1) lists the States and units of local
government that have been awarded such grants and the amount of the grant
received by each such State or unit of local government;
(2) states the number of extensions granted by
the Attorney General under section 2(n)(3) of the DNA Analysis Backlog
Elimination Act of 2000, as added by section 1002; and
(3) summarizes the processing status of the
samples of sexual assault evidence identified in Sexual Assault Forensic
Evidence Reports established under section 2(n)(4) of the DNA Analysis Backlog
Elimination Act of 2000, including the number of samples that have not been
tested.
1004.
Reducing the 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—
(a) in subparagraph (B), by striking
2014 and inserting 2018; and
(b) by adding at the end the following:
(C) For each of fiscal years 2014 through 2018,
not less than 75 percent of the total grant amounts shall be awarded for a
combination of purposes under paragraphs (1), (2), and (3) of subsection
(a).
.
1005.
Oversight and accountability
All grants awarded by the Department of
Justice that are authorized under this title shall be subject to the
following:
(1)
Audit requirement
Beginning in fiscal year 2013, and each
fiscal year thereafter, the Inspector General of the Department of Justice
shall conduct audits of recipients of grants under this title to prevent waste,
fraud, and abuse of funds by grantees. The Inspector General shall determine
the appropriate number of grantees to be audited each year.
(2)
Mandatory exclusion
A recipient of grant funds under this title
that is found to have an unresolved audit finding shall not be eligible to
receive grant funds under this title during the 2 fiscal years beginning after
the 12-month period described in paragraph (5).
(3)
Priority
In awarding grants under this title, the
Attorney General shall give priority to eligible entities that, during the 3
fiscal years before submitting an application for a grant under this title, did
not have an unresolved audit finding showing a violation in the terms or
conditions of a Department of Justice grant program.
(4)
Reimbursement
If an entity is awarded grant funds under
this Act during the 2-fiscal-year period in which the entity is barred from
receiving grants under paragraph (2), the Attorney General shall—
(A) deposit an amount equal to the grant funds
that were improperly awarded to the grantee into the General Fund of the
Treasury; and
(B) seek to recoup the costs of the repayment
to the fund from the grant recipient that was erroneously awarded grant
funds.
(5)
Defined term
In this section, the term unresolved
audit finding means an audit report finding in the final audit report of
the Inspector General of the Department of Justice that the grantee has
utilized grant funds for an unauthorized expenditure or otherwise unallowable
cost that is not closed or resolved within a 12-month period beginning on the
date when the final audit report is issued.
(6)
Nonprofit organization
requirements
(A)
Definition
For purposes of this section and the grant
programs described in this title, 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 described in 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.
(C)
Disclosure
Each nonprofit organization that is awarded
a grant under a grant program described in this title and uses the procedures
prescribed in regulations to create a rebuttable presumption of reasonableness
for the compensation of its officers, directors, trustees and key employees,
shall disclose to the Attorney General, in the application for the grant, the
process for determining such compensation, including the independent persons
involved in reviewing and approving such compensation, the comparability data
used, and contemporaneous substantiation of the deliberation and decision. Upon
request, the Attorney General shall make the information disclosed under this
subsection available for public inspection.
(7)
Administrative expenses
Unless otherwise explicitly provided in
authorizing legislation, not more than 7.5 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 Department of Justice.
(8)
Conference expenditures
(A)
Limitation
No amounts authorized to be appropriated to
the Department of Justice under this title may be used by the Attorney General
or by any individual or organization awarded discretionary funds through a
cooperative agreement under this Act, to host or support any expenditure for
conferences that uses more than $20,000 in Department funds, unless the Deputy
Attorney General or the appropriate Assistant Attorney General, Director, or
principal deputy as the Deputy Attorney General may designate, provides prior
written authorization that the funds may be expended to host a
conference.
(B)
Written approval
Written approval 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 shall submit an
annual report to the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives on all conference expenditures
approved by operation of this paragraph.
(9)
Prohibition on lobbying activity
(A)
In general
Amounts authorized to be appropriated under
this title may not be utilized by any grant recipient to—
(i) lobby any representative of the Department
of Justice regarding the award of grant funding; or
(ii) lobby any representative of a Federal,
state, local, or tribal government regarding the award of grant funding.
(B)
Penalty
If the Attorney General determines that any
recipient of a grant under this title has violated subparagraph (A), the
Attorney General shall—
(i) require the grant recipient to repay the
grant in full; and
(ii) prohibit the grant recipient from receiving
another grant under this title for not less than 5 years.
1006.
Sunset
Effective on December 31, 2018, subsections
(a)(6) and (n) of section 2 of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(a)(6) and (n)) are repealed.
XI
Other matters
1101.
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 2013, 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 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).
(5)
Definition
As used in this section, the term
detention facilities operated under contract with the Department
includes, but is not limited to contract detention facilities and detention
facilities operated through an intergovernmental service agreement with the
Department of Homeland Security.
(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 2013, 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).
.
1102.
Anonymous online harassment
Section 223(a)(1) of the Communications Act
of 1934 (47 U.S.C. 223(a)(1)) is amended—
(1) in subparagraph (A), in the undesignated
matter following clause (ii), by striking annoy,;
(2) in subparagraph (C)—
(A) by striking annoy,;
and
(B) by striking harass any person at the
called number or who receives the communication and inserting
harass any specific person; and
(3) in subparagraph (E), by striking
harass any person at the called number or who receives the
communication and inserting harass any specific
person.
1103.
Stalker database
Section 40603 of the Violence Against Women
Act of 1994 (42 U.S.C. 14032) is amended by striking $3,000,000
and all that follows and inserting $3,000,000 for fiscal years 2014
through 2018..
1104.
Federal victim assistants
reauthorization
Section 40114
of the Violence Against Women Act of 1994 (Public Law 103–322; 108 Stat. 1910)
is amended by striking fiscal years 2007 through 2011 and
inserting fiscal years 2014 through 2018.
1105.
Child abuse training programs for judicial
personnel and practitioners reauthorization
Subtitle C of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13024) is amended in subsection (a) by striking
$2,300,000 and all that follows and inserting $2,300,000
for each of fiscal years 2014 through 2018..
XII
Trafficking
victims protection
A
Combating
international trafficking in persons
1201.
Regional
strategies for combating trafficking in persons
Section 105 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103) is amended—
(1) in subsection
(d)(7)(J), by striking section 105(f) of this division and
inserting subsection (g);
(2) in subsection
(e)(2)—
(A) by striking
(2) Coordination of certain
activities.— and all that follows through
exploitation.;
(B) by redesignating
subparagraph (B) as paragraph (2), and moving such paragraph, as so
redesignated, 2 ems to the left; and
(C) by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and moving
such subparagraphs, as so redesignated, 2 ems to the left;
(3) by redesignating
subsection (f) as subsection (g); and
(4) by inserting
after subsection (e) the following:
(f)
Regional
strategies for combating trafficking in persons
Each regional
bureau in the Department of State shall contribute to the realization of the
anti-trafficking goals and objectives of the Secretary of State. Each year, in
cooperation with the Office to Monitor and Combat Trafficking in Persons, each
regional bureau shall submit a list of anti-trafficking goals and objectives to
the Secretary of State for each country in the geographic area of
responsibilities of the regional bureau. Host governments shall be informed of
the goals and objectives for their particular country and, to the extent
possible, host government officials should be consulted regarding the goals and
objectives.
.
1202.
Partnerships
against significant trafficking in persons
The Trafficking Victims Protection Act of
2000 is amended by inserting after section 105 (22 U.S.C. 7103) the
following:
105A.
Creating,
building, and strengthening partnerships against significant trafficking in
persons
(a)
Declaration of
purpose
The purpose of this
section is to promote collaboration and cooperation—
(1) between the United States Government and
governments listed on the annual Trafficking in Persons Report;
(2) between foreign governments and civil
society actors; and
(3) between the United States Government and
private sector entities.
(b)
Partnerships
The Director of the office established
pursuant to section 105(e)(1) of this Act, in coordination and cooperation with
other officials at the Department of State, officials at the Department of
Labor, and other relevant officials of the United States Government, shall
promote, build, and sustain partnerships between the United States Government
and private entities, including foundations, universities, corporations,
community-based organizations, and other nongovernmental organizations, to
ensure that—
(1) United States citizens do not use any item,
product, or material produced or extracted with the use and labor from victims
of severe forms of trafficking; and
(2) such entities do not contribute to
trafficking in persons involving sexual exploitation.
(c)
Program To
address emergency situations
The Secretary of State, acting through the
Director established pursuant to section 105(e)(1) of this Act, is authorized
to establish a fund to assist foreign governments in meeting unexpected, urgent
needs in prevention of trafficking in persons, protection of victims, and
prosecution of trafficking offenders.
(d)
Child
protection compacts
(1)
In
general
The Secretary of
State, in consultation with the Administrator of the United States Agency for
International Development, the Secretary of Labor, and the heads of other
relevant agencies, is authorized to provide assistance under this section for
each country that enters into a child protection compact with the United States
to support policies and programs that—
(A) prevent and respond to violence,
exploitation, and abuse against children; and
(B) measurably reduce the trafficking of minors
by building sustainable and effective systems of justice, prevention, and
protection.
(2)
Elements
A child protection compact under this
subsection shall establish a multi-year plan for achieving shared objectives in
furtherance of the purposes of this Act. The compact should take into account,
if applicable, the national child protection strategies and national action
plans for human trafficking of a country, and shall describe—
(A) the specific objectives the foreign
government and the United States Government expect to achieve during the term
of the compact;
(B) the responsibilities of the foreign
government and the United States Government in the achievement of such
objectives;
(C) the particular programs or initiatives to
be undertaken in the achievement of such objectives and the amount of funding
to be allocated to each program or initiative by both countries;
(D) regular outcome indicators to monitor and
measure progress toward achieving such objectives;
(E) a multi-year financial plan, including the
estimated amount of contributions by the United States Government and the
foreign government, and proposed mechanisms to implement the plan and provide
oversight;
(F) how a country strategy will be developed to
sustain progress made toward achieving such objectives after expiration of the
compact; and
(G) how child protection data will be
collected, tracked, and managed to provide strengthened case management and
policy planning.
(3)
Form of
assistance
Assistance under
this subsection may be provided in the form of grants, cooperative agreements,
or contracts to or with national governments, regional or local governmental
units, or non-governmental organizations or private entities with expertise in
the protection of victims of severe forms of trafficking in persons.
(4)
Eligible
countries
The Secretary of
State, in consultation with the agencies set forth in paragraph (1) and
relevant officers of the Department of Justice, shall select countries with
which to enter into child protection compacts. The selection of countries under
this paragraph shall be based on—
(A) the selection criteria set forth in
paragraph (5); and
(B) objective, documented, and quantifiable
indicators, to the maximum extent possible.
(5)
Selection
criteria
A country shall be
selected under paragraph (4) on the basis of criteria developed by the
Secretary of State in consultation with the Administrator of the United States
Agency for International Development and the Secretary of Labor. Such criteria
shall include—
(A) a documented high prevalence of trafficking
in persons within the country; and
(B) demonstrated political motivation and
sustained commitment by the government of such country to undertake meaningful
measures to address severe forms of trafficking in persons, including
prevention, protection of victims, and the enactment and enforcement of
anti-trafficking laws against perpetrators.
(6)
Suspension and
termination of assistance
(A)
In
general
The Secretary may
suspend or terminate assistance provided under this subsection in whole or in
part for a country or entity if the Secretary determines that—
(i) the country or entity is engaged in
activities that are contrary to the national security interests of the United
States;
(ii) the country or entity has engaged in a
pattern of actions inconsistent with the criteria used to determine the
eligibility of the country or entity, as the case may be; or
(iii) the country or entity has failed to adhere
to its responsibilities under the Compact.
(B)
Reinstatement
The Secretary may reinstate assistance for
a country or entity suspended or terminated under this paragraph only if the
Secretary determines that the country or entity has demonstrated a commitment
to correcting each condition for which assistance was suspended or terminated
under subparagraph
(A).
.
1203.
Protection
and assistance for victims of trafficking
(a)
Task force
activities
Section 105(d)(6) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(d)(6)) is amended by inserting ,
and make reasonable efforts to distribute information to enable all relevant
Federal Government agencies to publicize the National Human Trafficking
Resource Center Hotline on their websites, in all headquarters offices, and in
all field offices throughout the United States before the period at the
end.
(b)
Congressional
briefing
Section 107(a)(2) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7105(a)(2)) is amended by inserting and shall
brief Congress annually on such efforts before the period at the
end.
1204.
Minimum
standards for the elimination of trafficking
Section 108(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7106(b)) is amended—
(1) in paragraph
(3)—
(A) by striking
peacekeeping and inserting diplomatic,
peacekeeping,;
(B) by striking
, and measures and inserting , a transparent system for
remediating or punishing such public officials as a deterrent,
measures; and
(C) by inserting
, effective bilateral, multilateral, or regional information sharing and
cooperation arrangements with other countries, and effective policies or laws
regulating foreign labor recruiters and holding them civilly and criminally
liable for fraudulent recruiting before the period at the end;
(2) in paragraph (4),
by inserting and has entered into bilateral, multilateral, or regional
law enforcement cooperation and coordination arrangements with other
countries before the period at the end;
(3) in paragraph
(7)—
(A) by inserting
, including diplomats and soldiers, after public
officials;
(B) by striking
peacekeeping and inserting diplomatic,
peacekeeping,; and
(C) by inserting
A government's failure to appropriately address public allegations
against such public officials, especially once such officials have returned to
their home countries, shall be considered inaction under these
criteria. after such trafficking.;
(4) by redesignating
paragraphs (9) through (11) as paragraphs (10) through (12), respectively;
and
(5) by inserting
after paragraph (8) the following:
(9) Whether the
government has entered into effective, transparent partnerships, cooperative
arrangements, or agreements that have resulted in concrete and measurable
outcomes with—
(A) domestic civil
society organizations, private sector entities, or international
nongovernmental organizations, or into multilateral or regional arrangements or
agreements, to assist the government’s efforts to prevent trafficking, protect
victims, and punish traffickers; or
(B) the United States
toward agreed goals and objectives in the collective fight against
trafficking.
.
1205.
Best
practices in trafficking in persons eradication
Section 110(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)) is amended—
(1) in paragraph
(1)—
(A) by striking
with respect to the status of severe forms of trafficking in persons
that shall include— and inserting describing the
anti-trafficking efforts of the United States and foreign governments according
to the minimum standards and criteria enumerated in section 108, and the nature
and scope of trafficking in persons in each country and analysis of the trend
lines for individual governmental efforts. The report should
include—;
(B) in subparagraph
(E), by striking ; and and inserting a semicolon;
(C) in subparagraph
(F), by striking the period at the end and inserting ; and;
and
(D) by inserting at
the end the following:
(G) a section
entitled Promising Practices in the Eradication of Trafficking in
Persons to highlight effective practices and use of innovation and
technology in prevention, protection, prosecution, and partnerships, including
by foreign governments, the private sector, and domestic civil society
actors.
;
(2) by striking
paragraph (2);
(3) by redesignating
paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
(4) in paragraph (2),
as redesignated, by adding at the end the following:
(E)
Public
notice
Not later than 30 days after notifying Congress of each
country determined to have met the requirements under subclauses (I) through
(III) of subparagraph (D)(ii), the Secretary of State shall provide a detailed
description of the credible evidence supporting such determination on a
publicly available website maintained by the Department of
State.
.
1206.
Protections
for domestic workers and other nonimmigrants
Section 202 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1375b) is
amended—
(1) in subsection
(a)—
(A) in the subsection
heading, by inserting and
video for consular waiting rooms after
Information
pamphlet; and
(B) in paragraph
(1)—
(i) by
inserting and video after information pamphlet;
and
(ii) by
adding at the end the following: The video shall be distributed and
shown in consular waiting rooms in embassies and consulates appropriate to the
circumstances that are determined to have the greatest concentration of
employment or education-based non-immigrant visa applicants, and where
sufficient video facilities exist in waiting or other rooms where applicants
wait or convene. The Secretary of State is authorized to augment video
facilities in such consulates or embassies in order to fulfill the purposes of
this section.;
(2) in subsection
(b), by inserting and video after information
pamphlet;
(3) in subsection
(c)—
(A) in paragraph (1),
by inserting and produce or dub the video after
information pamphlet; and
(B) in paragraph (2),
by inserting and the video produced or dubbed after
translated; and
(4) in subsection
(d)—
(A) in paragraph (1),
by inserting and video after information
pamphlet;
(B) in paragraph (2),
by inserting and video after information
pamphlet; and
(C) by adding at the
end the following:
(4)
Deadline for
video development and distribution
Not later than 1 year after
the date of the enactment of the Violence Against Women Reauthorization Act of
2013, the Secretary of State shall make available the video developed under
subsection (a) produced or dubbed in all the languages referred to in
subsection
(c).
.
1207.
Prevention of
child marriage
(a)
In
general
Section 106 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7104) is amended by adding at the end the following:
(j)
Prevention of
child trafficking through child marriage
The Secretary of State
shall establish and implement a multi-year, multi-sectoral strategy—
(1) to prevent child
marriage;
(2) to promote the
empowerment of girls at risk of child marriage in developing countries;
(3) that should
address the unique needs, vulnerabilities, and potential of girls younger than
18 years of age in developing countries;
(4) that targets
areas in developing countries with high prevalence of child marriage;
and
(5) that includes
diplomatic and programmatic
initiatives.
.
(b)
Inclusion of
child marriage status in reports
The Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) is amended—
(1) in section 116
(22 U.S.C. 2151n), by adding at the end the following:
(g)
Child marriage
status
(1)
In
general
The report required under subsection (d) shall include,
for each country in which child marriage is prevalent, a description of the
status of the practice of child marriage in such country.
(2)
Defined
term
In this subsection, the term child marriage
means the marriage of a girl or boy who is—
(A) younger than the
minimum age for marriage under the laws of the country in which such girl or
boy is a resident; or
(B) younger than 18
years of age, if no such law exists.
;
and
(2) in section 502B
(22 U.S.C. 2304), by adding at the end the following:
(i)
Child marriage
status
(1)
In
general
The report required under subsection (b) shall include,
for each country in which child marriage is prevalent, a description of the
status of the practice of child marriage in such country.
(2)
Defined
term
In this subsection, the term child marriage
means the marriage of a girl or boy who is—
(A) younger than the
minimum age for marriage under the laws of the country in which such girl or
boy is a resident; or
(B) younger than 18
years of age, if no such law
exists.
.
1208.
Child
soldiers
Section 404 of the
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(22 U.S.C. 2370c–1) is amended—
(1) in subsection
(a), by striking (b), (c), and (d), the authorities contained in section
516 or 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j or
2347) and inserting (b) through (f), the authorities contained
in sections 516, 541, and 551 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j, 2347, and 2348); and
(2) by adding at the
end the following:
(f)
Exception for
peacekeeping operations
The limitation set forth in subsection
(a) that relates to section 551 of the Foreign Assistance Act of 1961 shall not
apply to programs that support military professionalization, security sector
reform, heightened respect for human rights, peacekeeping preparation, or the
demobilization and reintegration of child
soldiers.
.
B
Combating
Trafficking in Persons in the United States
I
Penalties
against traffickers and other crimes
1211.
Criminal
trafficking offenses
(a)
RICO
amendment
Section 1961(1)(B) of title 18, United States Code, is
amended by inserting section 1351 (relating to fraud in foreign labor
contracting), before section 1425.
(b)
Engaging in
illicit sexual conduct in foreign places
Section 2423(c) of title
18, United States Code, is amended by inserting or resides, either
temporarily or permanently, in a foreign country after
commerce.
(c)
Unlawful
conduct with respect to documents
(1)
In
general
Chapter 77 of title 18, United States Code, is amended by
adding at the end the following:
1597.
Unlawful
conduct with respect to immigration documents
(a)
Destruction,
concealment, removal, confiscation, or possession of immigration
documents
It shall be unlawful for any person to knowingly
destroy, conceal, remove, confiscate, or possess, an actual or purported
passport or other immigration document of another individual —
(1) in the course
of violating section 1351 of this title or section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324);
(2) with intent
to violate section 1351 of this title or section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324); or
(3) in order to,
without lawful authority, maintain, prevent, or restrict the labor of services
of the individual.
(b)
Penalty
Any
person who violates subsection (a) shall be fined under this title, imprisoned
for not more than 1 year, or both.
(c)
Obstruction
Any
person who knowingly obstructs, attempts to obstruct, or in any way interferes
with or prevents the enforcement of this section, shall be subject to the
penalties described in subsection
(b).
.
(2)
Technical
and conforming amendment
The table of sections for chapter 77 of
title 18, United States Code, is amended by adding at the end the
following:
1597. Unlawful conduct with
respect to immigration
documents.
.
1212.
Civil
remedies; clarifying definition
(a)
Civil
remedy for personal injuries
Section 2255 of title 18, United
States Code, is amended—
(1) in subsection
(a), by striking section 2241(c) and inserting section
1589, 1590, 1591, 2241(c); and
(2) in subsection
(b), by striking six years and inserting 10
years.
(b)
Definition
(1)
In
general
Section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102) is amended—
(A) by
redesignating paragraphs (1) through (14) as paragraphs (2) through (15),
respectively;
(B) by inserting
before paragraph (2), as redesignated, the following:
(1)
Abuse or
threatened abuse of law or legal process
The term abuse or
threatened abuse of the legal process means the use or threatened use of
a law or legal process, whether administrative, civil, or criminal, in any
manner or for any purpose for which the law was not designed, in order to exert
pressure on another person to cause that person to take some action or refrain
from taking some action.
;
(C) in paragraph
(14), as redesignated, by striking paragraph (8) and inserting
paragraph (9); and
(D) in paragraph
(15), as redesignated, by striking paragraph (8) or (9) and
inserting paragraph (9) or (10).
(2)
Technical
and conforming amendments
(A)
Trafficking
Victims Protection Act of 2000
The Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7101 et eq.) is amended—
(i) in section
110(e) (22 U.S.C. 7107(e))—
(I) by striking
section 103(7)(A) and inserting section
103(8)(A); and
(II) by striking
section 103(7)(B) and inserting section
103(8)(B); and
(ii) in section
113(g)(2) (22 U.S.C. 7110(g)(2)), by striking section 103(8)(A)
and inserting section 103(9)(A).
(B)
North
Korean Human Rights Act of 2004
Section 203(b)(2) of the North
Korean Human Rights Act of 2004 (22 U.S.C. 7833(b)(2)) is amended by striking
section 103(14) and inserting section
103(15).
(C)
Trafficking
Victims Protection Reauthorization Act of 2005
Section 207 of the
Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044e)
is amended—
(i) in paragraph
(1), by striking section 103(8) and inserting section
103(9);
(ii) in paragraph
(2), by striking section 103(9) and inserting section
103(10); and
(iii) in
paragraph (3), by striking section 103(3) and inserting
section 103(4).
(D)
Violence
Against Women and Department of Justice Reauthorization Act of
2005
Section 111(a)(1) of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14044f(a)(1)) is
amended by striking paragraph (8) and inserting paragraph
(9).
II
Ensuring
availability of possible witnesses and informants
1221.
Protections
for trafficking victims who cooperate with law enforcement
Section 101(a)(15)(T)(ii)(III) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)(ii)(III) is amended by
inserting , or any adult or minor children of a derivative beneficiary
of the alien, as after age.
1222.
Protection
against fraud in foreign labor contracting
Section 101(a)(15)(U)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended by
inserting fraud in foreign labor contracting (as defined in section 1351
of title 18, United States Code); after perjury;.
III
Ensuring
interagency coordination and expanded reporting
1231.
Reporting
requirements for the Attorney General
Section 105(d)(7) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended—
(1) by
redesignating subparagraphs (D) through (J) as subparagraphs (I) through
(O);
(2) by striking
subparagraphs (B) and (C) and inserting the following:
(B) the number of
persons who have been granted continued presence in the United States under
section 107(c)(3) during the preceding fiscal year and the mean and median time
taken to adjudicate applications submitted under such section, including the
time from the receipt of an application by law enforcement to the issuance of
continued presence, and a description of any efforts being taken to reduce the
adjudication and processing time while ensuring the safe and competent
processing of the applications;
(C) the number of
persons who have applied for, been granted, or been denied a visa or otherwise
provided status under subparagraph (T)(i) or (U)(i) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) during the preceding
fiscal year;
(D) the number of
persons who have applied for, been granted, or been denied a visa or status
under clause (ii) of section 101(a)(15)(T) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(T)) during the preceding fiscal year, broken down by
the number of such persons described in subclauses (I), (II), and (III) of such
clause (ii);
(E) the amount of
Federal funds expended in direct benefits paid to individuals described in
subparagraph (D) in conjunction with T visa status;
(F) the number of
persons who have applied for, been granted, or been denied a visa or status
under section 101(a)(15)(U)(i) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)(i)) during the preceding fiscal year;
(G) the mean and
median time in which it takes to adjudicate applications submitted under the
provisions of law set forth in subparagraph (C), including the time between the
receipt of an application and the issuance of a visa and work
authorization;
(H) any efforts
being taken to reduce the adjudication and processing time, while ensuring the
safe and competent processing of the
applications;
;
(3) in
subparagraph (N)(iii), as redesignated, by striking and at the
end;
(4) in
subparagraph (O), as redesignated, by striking the period at the end and
inserting ; and; and
(5) by adding at
the end the following:
(P) the
activities undertaken by Federal agencies to train appropriate State, tribal,
and local government and law enforcement officials to identify victims of
severe forms of trafficking, including both sex and labor trafficking;
(Q) the
activities undertaken by Federal agencies in cooperation with State, tribal,
and local law enforcement officials to identify, investigate, and prosecute
offenses under sections 1581, 1583, 1584, 1589, 1590, 1592, and 1594 of title
18, United States Code, or equivalent State offenses, including, in each fiscal
year—
(i) the number,
age, gender, country of origin, and citizenship status of victims identified
for each offense;
(ii) the number
of individuals charged, and the number of individuals convicted, under each
offense;
(iii) the number
of individuals referred for prosecution for State offenses, including offenses
relating to the purchasing of commercial sex acts;
(iv) the number
of victims granted continued presence in the United States under section
107(c)(3); and
(v) the number of
victims granted a visa or otherwise provided status under subparagraph (T)(i)
or (U)(i) of section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)); and
(R) the
activities undertaken by the Department of Justice and the Department of Health
and Human Services to meet the specific needs of minor victims of domestic
trafficking, including actions taken pursuant to subsection (f) and section
202(a) of the Trafficking Victims Protection Reauthorization Act of 2005 (42
U.S.C. 14044(a)), and the steps taken to increase cooperation among Federal
agencies to ensure the effective and efficient use of programs for which the
victims are
eligible.
.
1232.
Reporting
requirements for the Secretary of Labor
Section 105(b) of the Trafficking Victims
Protection Act of 2005 (22 U.S.C. 7112(b)) is amended by adding at the end the
following:
(3)
Submission
to congress
Not later than December 1, 2014, and every 2 years
thereafter, the Secretary of Labor shall submit the list developed under
paragraph (2)(C) to
Congress.
.
1233.
Information
sharing to combat child labor and slave labor
Section 105(a) of the Trafficking Victims
Protection Act of 2005 (22 U.S.C. 7112(a)) is amended by adding at the end the
following:
(3)
Information
sharing
The Secretary of State shall, on a regular basis, provide
information relating to child labor and forced labor in the production of goods
in violation of international standards to the Department of Labor to be used
in developing the list described in subsection
(b)(2)(C).
.
1234.
Government
training efforts to include the Department of Labor
Section 107(c)(4) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is amended—
(1) in the first
sentence, by inserting the Department of Labor, the Equal Employment
Opportunity Commission, before and the Department;
and
(2) in the second
sentence, by inserting , in consultation with the Secretary of
Labor, before shall provide.
1235.
GAO
report on the use of foreign labor contractors
(a)
In
general
Not later than 2
years after the date of the enactment of this Act, the Comptroller General of
the United States shall submit a report on the use of foreign labor contractors
to—
(1) the Committee on the Judiciary of the
Senate;
(2) the Committee on Health, Education, Labor, and Pensions of
the Senate;
(3) the Committee on the Judiciary of the House of
Representatives; and
(4) the Committee on Education and the Workforce of the House of
Representatives.
(b)
Contents
The report under subsection (a) should, to
the extent possible—
(1) address the role and practices of United
States employers in—
(A) the use of labor recruiters or brokers;
or
(B) directly recruiting foreign workers;
(2) analyze the laws that protect such workers,
both overseas and domestically;
(3) describe the oversight and enforcement
mechanisms in Federal departments and agencies for such laws; and
(4) identify any gaps that may exist in these
protections; and
(5) recommend possible actions for Federal
departments and agencies to combat any abuses.
(c)
Requirements
The report under subsection (a)
shall—
(1) describe the role of labor recruiters or
brokers working in countries that are sending workers and receiving funds,
including any identified involvement in labor abuses;
(2) describe the role and practices of
employers in the United States that commission labor recruiters or brokers or
directly recruit foreign workers;
(3) describe the role of Federal departments
and agencies in overseeing and regulating the foreign labor recruitment
process, including certifying and enforcing under existing regulations;
(4) describe the
type of jobs and the numbers of positions in the United States that have been
filled through foreign workers during each of the last 8 years, including
positions within the Federal Government;
(5) describe any
efforts or programs undertaken by Federal, State and local government entities
to encourage employers, directly or indirectly, to use foreign workers or to
reward employers for using foreign workers; and
(6) based on the information required under
paragraphs (1) through (3), identify any common abuses of foreign workers and
the employment system, including the use of fees and debts, and recommendations
of actions that could be taken by Federal departments and agencies to combat
any identified abuses.
1236.
Accountability
All grants awarded by the Attorney General
under this title or an Act amended by this title shall be subject to the
following accountability provisions:
(1)
Audit
requirement
(A)
Definition
In
this paragraph, the term unresolved audit finding means an audit
report finding in the final audit report of the Inspector General of the
Department of Justice that the grantee has used grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not closed or resolved during
the 12-month period beginning on the date on which the final audit report is
issued
(B)
Requirement
Beginning
in the first fiscal year beginning after the date of enactment of this Act, and
in each fiscal year thereafter, the Inspector General of the Department of
Justice shall conduct audits of recipients of grants under this title or an Act
amended by this title to prevent waste, fraud, and abuse of funds by grantees.
The Inspector General shall determine the appropriate number of grantees to be
audited each year.
(C)
Mandatory
exclusion
A recipient of grant funds under this title or an Act
amended by this title that is found to have an unresolved audit finding shall
not be eligible to receive grant funds under this title or an Act amended by
this title during the first 2 fiscal years beginning after the end of the
12-month period described in subparagraph (A).
(D)
Priority
In
awarding grants under this title or an Act amended by this title, the Attorney
General shall give priority to eligible applicants that did not have an
unresolved audit finding during the 3 fiscal years before submitting an
application for a grant under this title or an Act amended by this
title.
(E)
Reimbursement
If
an entity is awarded grant funds under this title or an Act amended by this
title during the 2-fiscal-year period during which the entity is barred from
receiving grants under subparagraph (C), the Attorney General shall—
(i) deposit an amount
equal to the amount of the grant funds that were improperly awarded to the
grantee into the General Fund of the Treasury; and
(ii) seek to recoup
the costs of the repayment to the fund from the grant recipient that was
erroneously awarded grant funds.
(2)
Nonprofit
organization requirements
(A)
Definition
For
purposes of this paragraph and the grant programs under this title or an Act
amended by this title, 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 may not award a grant under this title or an Act amended by
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.
(C)
Disclosure
Each
nonprofit organization that is awarded a grant under this title or an Act
amended by this title and uses the procedures prescribed in regulations to
create a rebuttable presumption of reasonableness for the compensation of its
officers, directors, trustees and key employees, shall disclose to the Attorney
General, in the application for the grant, the process for determining such
compensation, including the independent persons involved in reviewing and
approving such compensation, the comparability data used, and contemporaneous
substantiation of the deliberation and decision. Upon request, the Attorney
General shall make the information disclosed under this subparagraph available
for public inspection.
(3)
Conference
expenditures
(A)
Limitation
No
amounts authorized to be appropriated to the Department of Justice under this
title or an Act amended by this title may be used by the Attorney General, or
by any individual or entity awarded discretionary funds through a cooperative
agreement under this title or an Act amended by this title, to host or support
any expenditure for conferences that uses more than $20,000 in funds made
available to the Department of Justice, unless the Deputy Attorney General or
the appropriate Assistant Attorney General, Director, or principal deputy (as
designated by the Deputy Attorney General) provides prior written authorization
that the funds may be expended to host the conference.
(B)
Written
approval
Written approval under subparagraph (A) shall include a
written estimate of all costs associated with the conference, including the
cost of all food, beverages, audio-visual equipment, honoraria for speakers,
and entertainment.
(C)
Report
The
Deputy Attorney General shall submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House of
Representatives on all conference expenditures approved under this
paragraph.
(4)
Annual
certification
Beginning in the first fiscal year beginning after
the date of 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, an annual certification indicating whether—
(A) all audits issued
by the Office of the Inspector General under paragraph (1) have been completed
and reviewed by the appropriate Assistant Attorney General or Director;
(B) all mandatory
exclusions required under paragraph (1)(C) have been issued;
(C) all
reimbursements required under paragraph (1)(E) have been made; and
(D) includes a list
of any grant recipients excluded under paragraph (1) from the previous
year.
IV
Enhancing
State and local efforts to combat trafficking in persons
1241.
Assistance
for domestic minor sex trafficking victims
(a)
In
general
Section 202 of the
Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044a)
is amended to read as follows:
202.
Establishment
of a grant program to develop, expand, and strengthen assistance programs for
certain persons subject to trafficking
(a)
Definitions
In
this section:
(1)
Assistant
secretary
The term Assistant Secretary means the
Assistant Secretary for Children and Families of the Department of Health and
Human Services.
(2)
Assistant
attorney general
The term Assistant Attorney General
means the Assistant Attorney General for the Office of Justice Programs of the
Department of Justice.
(3)
Eligible
entity
The term eligible entity means a State or
unit of local government that—
(A) has
significant criminal activity involving sex trafficking of minors;
(B) has
demonstrated cooperation between Federal, State, local, and, where applicable,
tribal law enforcement agencies, prosecutors, and social service providers in
addressing sex trafficking of minors;
(C) has developed
a workable, multi-disciplinary plan to combat sex trafficking of minors,
including—
(i) building or
establishing a residential care facility for minor victims of sex
trafficking;
(ii) the
provision of rehabilitative care to minor victims of sex trafficking;
(iii) the
provision of specialized training for law enforcement officers and social
service providers for all forms of sex trafficking, with a focus on sex
trafficking of minors;
(iv) prevention,
deterrence, and prosecution of offenses involving sex trafficking of
minors;
(v) cooperation
or referral agreements with organizations providing outreach or other related
services to runaway and homeless youth; and
(vi) law
enforcement protocols or procedures to screen all individuals arrested for
prostitution, whether adult or minor, for victimization by sex trafficking and
by other crimes, such as sexual assault and domestic violence; and
(D) provides
assurance that a minor victim of sex trafficking shall not be required to
collaborate with law enforcement to have access to residential care or services
provided with a grant under this section.
(4)
Minor
victim of sex trafficking
The term minor victim of sex
trafficking means an individual who—
(A) is younger
than 18 years of age, and is a victim of an offense described in section
1591(a) of title 18, United States Code, or a comparable State law; or
(B)
(i) is not younger than
18 years of age nor older than 20 years of age;
(ii) before the individual reached 18
years of age, was described in subparagraph (A); and
(iii) was receiving shelter or services
as a minor victim of sex trafficking.
(5)
Qualified
nongovernmental organization
The term qualified
nongovernmental organization means an organization that—
(A) is not a
State or unit of local government, or an agency of a State or unit of local
government;
(B) has
demonstrated experience providing services to victims of sex trafficking or
related populations (such as runaway and homeless youth), or employs staff
specialized in the treatment of sex trafficking victims; and
(C) demonstrates
a plan to sustain the provision of services beyond the period of a grant
awarded under this section.
(6)
Sex
trafficking of a minor
The term sex trafficking of a
minor means an offense described in section 1591(a) of title 18, United
States Code, or a comparable State law, against a minor.
(b)
Sex
trafficking block grants
(1)
Grants
authorized
(A)
In
general
The Assistant Attorney General, in consultation with the
Assistant Secretary, may make block grants to 4 eligible entities located in
different regions of the United States to combat sex trafficking of
minors.
(B)
Requirement
Not
fewer than 1 of the block grants made under subparagraph (A) shall be awarded
to an eligible entity with a State population of less than 5,000,000.
(C)
Grant
amount
Subject to the availability of appropriations under
subsection (g) to carry out this section, each grant made under this section
shall be for an amount not less than $1,500,000 and not greater than
$2,000,000.
(D)
Duration
(i)
In
general
A grant made under this section shall be for a period of
1 year.
(ii)
Renewal
(I)
In
general
The Assistant Attorney General may renew a grant under
this section for up to 3 1-year periods.
(II)
Priority
In
making grants in any fiscal year after the first fiscal year in which grants
are made under this section, the Assistant Attorney General shall give priority
to an eligible entity that received a grant in the preceding fiscal year and is
eligible for renewal under this subparagraph, taking into account any
evaluation of the eligible entity conducted under paragraph (4), if
available.
(E)
Consultation
In
carrying out this section, the Assistant Attorney General shall consult with
the Assistant Secretary with respect to—
(i) evaluations
of grant recipients under paragraph (4);
(ii) avoiding
unintentional duplication of grants; and
(iii) any other
areas of shared concern.
(2)
Use of
funds
(A)
Allocation
Not
less than 67 percent of each grant made under paragraph (1) shall be used by
the eligible entity to provide residential care and services (as described in
clauses (i) through (iv) of subparagraph (B)) to minor victims of sex
trafficking through qualified nongovernmental organizations.
(B)
Authorized
activities
Grants awarded pursuant to paragraph (2) may be used
for—
(i) providing
residential care to minor victims of sex trafficking, including temporary or
long-term placement as appropriate;
(ii) providing
24-hour emergency social services response for minor victims of sex
trafficking;
(iii) providing
minor victims of sex trafficking with clothing and other daily necessities
needed to keep such victims from returning to living on the street;
(iv) case
management services for minor victims of sex trafficking;
(v) mental health
counseling for minor victims of sex trafficking, including specialized
counseling and substance abuse treatment;
(vi) legal
services for minor victims of sex trafficking;
(vii) specialized
training for social service providers, public sector personnel, and private
sector personnel likely to encounter sex trafficking victims on issues related
to the sex trafficking of minors and severe forms of trafficking in
persons;
(viii) outreach
and education programs to provide information about deterrence and prevention
of sex trafficking of minors;
(ix) programs to
provide treatment to individuals charged or cited with purchasing or attempting
to purchase sex acts in cases where—
(I) a treatment
program can be mandated as a condition of a sentence, fine, suspended sentence,
or probation, or is an appropriate alternative to criminal prosecution;
and
(II) the
individual was not charged with purchasing or attempting to purchase sex acts
with a minor; and
(x) screening and
referral of minor victims of severe forms of trafficking in persons.
(3)
Application
(A)
In
general
Each eligible entity desiring a grant under this section
shall submit an application to the Assistant Attorney General at such time, in
such manner, and accompanied by such information as the Assistant Attorney
General may reasonably require.
(B)
Contents
Each
application submitted pursuant to subparagraph (A) shall—
(i) describe the
activities for which assistance under this section is sought; and
(ii) provide such
additional assurances as the Assistant Attorney General determines to be
essential to ensure compliance with the requirements of this section.
(4)
Evaluation
The
Assistant Attorney General shall enter into a contract with an academic or
non-profit organization that has experience in issues related to sex
trafficking of minors and evaluation of grant programs to conduct an annual
evaluation of each grant made under this section to determine the impact and
effectiveness of programs funded with the grant.
(c)
Mandatory
exclusion
An eligible entity that receives a grant under this
section that is found to have utilized grant funds for any unauthorized
expenditure or otherwise unallowable cost shall not be eligible for any grant
funds awarded under the grant for 2 fiscal years following the year in which
the unauthorized expenditure or unallowable cost is reported.
(d)
Compliance
requirement
An eligible entity shall not be eligible to receive a
grant under this section if, during the 5 fiscal years before the eligible
entity submits an application for the grant, the eligible entity has been found
to have violated the terms or conditions of a Government grant program by
utilizing grant funds for unauthorized expenditures or otherwise unallowable
costs.
(e)
Administrative
cap
The cost of administering the grants authorized by this
section shall not exceed 3 percent of the total amount appropriated to carry
out this section.
(f)
Audit
requirement
For fiscal years 2016 and 2017, the Inspector General
of the Department of Justice shall conduct an audit of all 4 eligible entities
that receive block grants under this section.
(g)
Match
requirement
An eligible entity that receives a grant under this
section shall provide a non-Federal match in an amount equal to not less
than—
(1) 15 percent of
the grant during the first year;
(2) 25 percent of
the grant during the first renewal period;
(3) 40 percent of
the grant during the second renewal period; and
(4) 50 percent of
the grant during the third renewal period.
(h)
No
limitation on section 204 grants
An entity that applies for a
grant under section 204 is not prohibited from also applying for a grant under
this section.
(i)
Authorization
of appropriations
There are authorized to be appropriated
$8,000,000 to the Attorney General for each of the fiscal years 2014 through
2017 to carry out this section.
(j)
GAO
evaluation
Not later than 30
months after the date of the enactment of this Act, the Comptroller General of
the United States shall submit a report to Congress that contains—
(1) an evaluation of the impact of this section
in aiding minor victims of sex trafficking in the jurisdiction of the entity
receiving the grant; and
(2) recommendations, if any, regarding any
legislative or administrative action the Comptroller General determines
appropriate.
.
(b)
Sunset
provision
The amendment made by subsection (a) shall be effective
during the 4-year period beginning on the date of the enactment of this
Act.
1242.
Expanding
local law enforcement grants for investigations and prosecutions of
trafficking
Section 204 of the
Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044c)
is amended—
(1) in subsection
(a)(1)—
(A) in
subparagraph (A), by striking , which involve United States citizens, or
aliens admitted for permanent residence, and;
(B) by
redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and
(E), respectively; and
(C) by inserting
after subparagraph (A) the following:
(B) to train law
enforcement personnel how to identify victims of severe forms of trafficking in
persons and related offenses;
;
and
(D) in
subparagraph (C), as redesignated, by inserting and prioritize the
investigations and prosecutions of those cases involving minor victims
after sex acts;
(2) by
redesignating subsection (d) as subsection (e);
(3) by inserting
after subsection (c) the following:
(d)
No
limitation on section 202 grant applications
An entity that
applies for a grant under section 202 is not prohibited from also applying for
a grant under this
section.
;
(4) in subsection
(e), as redesignated, by striking $20,000,000 for each of the fiscal
years 2008 through 2011 and inserting $10,000,000 for each of
the fiscal years 2014 through 2017; and
(5) by adding at
the end the following:
(f)
GAO
evaluation and report
Not later than 30 months after the date of
enactment of this Act, the Comptroller General of the United States shall
conduct a study of and submit to Congress a report evaluating the impact of
this section on—
(1) the ability
of law enforcement personnel to identify victims of severe forms of trafficking
in persons and investigate and prosecute cases against offenders, including
offenders who engage in the purchasing of commercial sex acts with a minor;
and
(2) recommendations,
if any, regarding any legislative or administrative action the Comptroller
General determines appropriate to improve the ability described in paragraph
(1).
.
1243.
Model
State criminal law protection for child trafficking victims and
survivors
Section 225(b) of
the Trafficking Victims Reauthorization Act of 2008 (22 U.S.C. 7101 note) is
amended—
(1) in paragraph
(1), by striking and at the end;
(2) by
redesignating paragraph (2) as paragraph (3); and
(3) by inserting
after paragraph (1) the following:
(2) protects
children exploited through prostitution by including safe harbor provisions
that—
(A) treat an
individual under 18 years of age who has been arrested for engaging in, or
attempting to engage in, a sexual act with another person in exchange for
monetary compensation as a victim of a severe form of trafficking in
persons;
(B) prohibit the
charging or prosecution of an individual described in subparagraph (A) for a
prostitution offense;
(C) require the
referral of an individual described in subparagraph (A) to appropriate service
providers, including comprehensive service or community-based programs that
provide assistance to child victims of commercial sexual exploitation;
and
(D) provide that an individual described in
subparagraph (A) shall not be required to prove fraud, force, or coercion in
order to receive the protections described under this
paragraph;
.
C
Authorization
of appropriations
1251.
Adjustment
of authorization levels for the Trafficking Victims Protection Act of
2000
The Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7101 et seq.) is amended—
(1) in section
112A(b)(4) (22 U.S.C. 7109a(b)(4))—
(A) by striking
$2,000,000 and inserting $1,000,000; and
(B) by striking
2008 through 2011 and inserting 2014 through
2017; and
(2) in section
113 (22 U.S.C. 7110)—
(A) subsection
(a)—
(i) by striking
$5,500,000 for each of the fiscal years 2008 through 2011 each
place it appears and inserting $2,000,000 for each of the fiscal years
2014 through 2017;
(ii) by inserting
, including regional trafficking in persons officers, after
for additional personnel,; and
(iii) by striking
, and $3,000 for official reception and representation
expenses;
(B) in subsection
(b)—
(i) in paragraph
(1), by striking $12,500,000 for each of the fiscal years 2008 through
2011 and inserting $14,500,000 for each of the fiscal years 2014
through 2017; and
(ii) in paragraph
(2), by striking to the Secretary of Health and Human Services
and all that follows and inserting $8,000,000 to the Secretary of Health
and Human Services for each of the fiscal years 2014 through
2017.;
(C) in subsection
(c)(1)—
(i) in
subparagraph (A), by striking 2008 through 2011 each place it
appears and inserting 2014 through 2017;
(ii) in
subparagraph (B)—
(I) by striking
$15,000,000 for fiscal year 2003 and $10,000,000 for each of the fiscal
years 2008 through 2011 and inserting $10,000,000 for each of
the fiscal years 2014 through 2017; and
(II) by striking
2008 through 2011 and inserting 2014 through
2017; and
(iii) in
subparagraph (C), by striking 2008 through 2011 and inserting
2014 through 2017;
(D) in subsection
(d)—
(i) by
redesignating subparagraphs (A) through (C) as paragraphs (1) through (3),
respectively, and moving such paragraphs 2 ems to the left;
(ii) in the
paragraph (1), as redesignated, by striking $10,000,000 for each of the
fiscal years 2008 through 2011 and inserting $11,000,000 for
each of the fiscal years 2014 through 2017; and
(iii) in
paragraph (3), as redesignated, by striking to the Attorney
General and all that follows and inserting $11,000,000 to the
Attorney General for each of the fiscal years 2014 through
2017.;
(E) in subsection
(e)—
(i) in
paragraph (1), by striking $15,000,000 for each of the fiscal years 2008
through 2011 and inserting $7,500,000 for each of the fiscal
years 2014 through 2017; and
(ii) in
paragraph (2), by striking $15,000,000 for each of the fiscal years 2008
through 2011 and inserting $7,500,000 for each of the fiscal
years 2014 through 2017;
(F) in subsection
(f), by striking $10,000,000 for each of the fiscal years 2008 through
2011 and inserting $5,000,000 for each of the fiscal years 2014
through 2017; and
(G) in subsection
(i), by striking $18,000,000 for each of the fiscal years 2008 through
2011 and inserting $10,000,000 for each of the fiscal years 2014
through 2017.
1252.
Adjustment
of authorization levels for the Trafficking Victims Protection Reauthorization
Act of 2005
The Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law 109–164) is
amended—
(1) by striking
section 102(b)(7); and
(2) in section
201(c)(2), by striking $1,000,000 for each of the fiscal years 2008
through 2011 and inserting $250,000 for each of the fiscal years
2014 through 2017.
D
Unaccompanied
Alien Children
1261.
Appropriate
custodial settings for unaccompanied minors who reach the age of majority while
in Federal custody
Section
235(c)(2) of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(c)(2)) is amended—
(1) by striking
Subject to and inserting the following:
(A)
Minors in
department of health and human services custody
Subject
to
; and
(2) by adding at
the end the following:
(B)
Aliens
transferred from department of health and human services to department of
homeland security custody
If a minor described in subparagraph
(A) reaches 18 years of age and is transferred to the custody of the Secretary
of Homeland Security, the Secretary shall consider placement in the least
restrictive setting available after taking into account the alien's danger to
self, danger to the community, and risk of flight. Such aliens shall be
eligible to participate in alternative to detention programs, utilizing a
continuum of alternatives based on the alien's need for supervision, which may
include placement of the alien with an individual or an organizational sponsor,
or in a supervised group
home.
.
1262.
Appointment
of child advocates for unaccompanied minors
Section 235(c)(6) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)(6)) is amended—
(1) by striking
The Secretary and inserting the following:
(A)
In
general
The Secretary
;
and
(2) by striking
and criminal; and
(3) by adding at
the end the following:
(B)
Appointment
of child advocates
(i)
Initial
sites
Not later than 2 years after the date of the enactment of
the Violence Against Women Reauthorization
Act of 2013, the Secretary of Health and Human Services shall
appoint child advocates at 3 new immigration detention sites to provide
independent child advocates for trafficking victims and vulnerable
unaccompanied alien children.
(ii)
Additional
sites
Not later than 3 years after the date of the enactment of
the Violence Against Women Reauthorization
Act of 2013, the Secretary shall appoint child advocates at not
more than 3 additional immigration detention sites.
(iii)
Selection
of sites
Sites at which child advocate programs will be
established under this subparagraph shall be located at immigration detention
sites at which more than 50 children are held in immigration custody, and shall
be selected sequentially, with priority given to locations with—
(I) the largest
number of unaccompanied alien children; and
(II) the most
vulnerable populations of unaccompanied children.
(C)
Restrictions
(i)
Administrative
expenses
A child advocate program may not use more that 10
percent of the Federal funds received under this section for administrative
expenses.
(ii)
Nonexclusivity
Nothing
in this section may be construed to restrict the ability of a child advocate
program under this section to apply for or obtain funding from any other source
to carry out the programs described in this section.
(iii)
Contribution
of funds
A child advocate program selected under this section
shall contribute non-Federal funds, either directly or through in-kind
contributions, to the costs of the child advocate program in an amount that is
not less than 25 percent of the total amount of Federal funds received by the
child advocate program under this section. In-kind contributions may not exceed
40 percent of the matching requirement under this clause.
(D)
Annual report
to congress
Not later than 1 year after the date of the enactment
of the Violence Against Women Reauthorization
Act of 2013, and annually thereafter, the Secretary of Health and
Human Services shall submit a report describing the activities undertaken by
the Secretary to authorize the appointment of independent Child Advocates for
trafficking victims and vulnerable unaccompanied alien children to the
Committee on the Judiciary of the
Senate and the Committee on
the Judiciary of the House of Representatives.
(E)
Assessment
of child advocate program
(i)
In
general
As soon as practicable after the date of the enactment of
the Violence Against Women Reauthorization
Act of 2013, the Comptroller General of the United States shall
conduct a study regarding the effectiveness of the Child Advocate Program
operated by the Secretary of Health and Human Services.
(ii)
Matters to
be studied
In the study required under clause (i), the
Comptroller General shall— collect information and analyze the
following:
(I) analyze the
effectiveness of existing child advocate programs in improving outcomes for
trafficking victims and other vulnerable unaccompanied alien children;
(II) evaluate the
implementation of child advocate programs in new sites pursuant to subparagraph
(B);
(III) evaluate
the extent to which eligible trafficking victims and other vulnerable
unaccompanied children are receiving child advocate services and assess the
possible budgetary implications of increased participation in the
program;
(IV) evaluate the
barriers to improving outcomes for trafficking victims and other vulnerable
unaccompanied children; and
(V) make
recommendations on statutory changes to improve the Child Advocate Program in
relation to the matters analyzed under subclauses (I) through (IV).
(iii)
GAO
report
Not later than 3 years after the date of the enactment of
this Act, the Comptroller General of the United States shall submit the results
of the study required under this subparagraph to—
(I) the
Committee on the Judiciary of the
Senate;
(II) the
Committee on Health, Education, Labor,
and Pensions of the Senate;
(III) the
Committee on the Judiciary of the House of
Representatives; and
(IV) the
Committee on Education and the Workforce of the
House of Representatives.
(F)
Authorization
of appropriations
There are authorized to be appropriated to the
Secretary and Human Services to carry out this subsection—
(i) $1,000,000
for each of the fiscal years 2014 and 2015; and
(ii) $2,000,000
for each of the fiscal years 2016 and
2017.
.
1263.
Access to
Federal foster care and unaccompanied refugee minor protections for certain U
Visa recipients
Section
235(d)(4) of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(d)(4)) is amended—
(1) in
subparagraph (A),
(A) by striking
either;
(B) by striking
or who and inserting a comma; and
(C) by inserting
, or has been granted status under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)), before
, shall be eligible; and
(2) in
subparagraph (B), by inserting , or status under section 101(a)(15)(U)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)), after
(8 U.S.C. 1101(a)(27)(J)).
1264.
GAO study
of the effectiveness of border screenings
(a)
Study
(1)
In
general
The Comptroller General of the United States shall
conduct a study examining the effectiveness of screenings conducted by
Department of Homeland Security personnel in carrying out section 235(a)(4) of
the William Wilberforce Trafficking Victims Protection Reauthorization Act of
2008 (8 U.S.C. 1232(a)(4)).
(2)
Study
In
carrying out paragraph (1), the Comptroller General shall take into
account—
(A) the degree to
which Department of Homeland Security personnel are adequately ensuring
that—
(i) all children
are being screened to determine whether they are described in section
235(a)(2)(A) of the William Wilberforce Trafficking Victims Protection
Reauthorization Act;
(ii) appropriate
and reliable determinations are being made about whether children are described
in section 235(a)(2)(A) of such Act, including determinations of the age of
such children;
(iii) children
are repatriated in an appropriate manner, consistent with clauses (i) through
(iii) of section 235(a)(2)(C) of such Act;
(iv) children are
appropriately being permitted to withdraw their applications for admission, in
accordance with section 235(a)(2)(B)(i) of such Act;
(v) children are
being properly cared for while they are in the custody of the Department of
Homeland Security and awaiting repatriation or transfer to the custody of the
Secretary of Health and Human Services; and
(vi) children are
being transferred to the custody of the Secretary of Health and Human Services
in a manner that is consistent with such Act; and
(B) the number of
such children that have been transferred to the custody of the Department of
Health and Human Services, the Federal funds expended to maintain custody of
such children, and the Federal benefits available to such children, if
any.
(3)
Access to
department of homeland security operations
(A)
In
general
Except as provided in subparagraph (B), for the purposes
of conducting the study described in subsection (a), the Secretary shall
provide the Comptroller General with unrestricted access to all stages of
screenings and other interactions between Department of Homeland Security
personnel and children encountered by the Comptroller General.
(B)
Exceptions
The
Secretary shall not permit unrestricted access under subparagraph (A) if the
Secretary determines that the security of a particular interaction would be
threatened by such access.
(b)
Report to
Congress
Not later than 2 years after the date of the
commencement of the study described in subsection (a), 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 that contains
the Commission’s findings and recommendations.
Passed the Senate
February 12, 2013.
Secretary