II
Calendar No. 406
112th CONGRESS
2d Session
H. R. 4970
IN THE SENATE OF THE UNITED STATES
May 21, 2012
Received; read twice and placed on the calendar
AN ACT
To reauthorize the Violence Against Women Act of 1994.
Short title
This Act may be cited as the
Violence Against Women Reauthorization
Act of 2012
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. VAWA definitions and grant conditions.
Sec. 4. Accountability provisions.
Sec. 5. Effective date.
Title I—Enhancing Judicial and Law Enforcement Tools To Combat Violence Against Women
Sec. 101. STOP grants.
Sec. 102. Grants to encourage arrest policies and enforcement of protection orders.
Sec. 103. Legal assistance for victims.
Sec. 104. Consolidation of grants to support families in the justice system.
Sec. 105. Court-appointed special advocate program.
Sec. 106. Outreach and services to underserved populations grant.
Sec. 107. Culturally specific services grant.
Sec. 108. Reduction in rape kit backlog.
Sec. 109. Assistance to victims of sexual assault training programs.
Sec. 110. Child abuse training programs for judicial personnel and practitioners.
Title II—Improving services for victims of domestic violence, dating violence, sexual assault, and stalking
Sec. 201. Sexual assault services program.
Sec. 202. Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance.
Sec. 203. Training and services to end violence against women with disabilities grants.
Sec. 204. Grant for training and services to end violence against women in later life.
Title III—Services, protection, and justice for young victims of violence
Sec. 301. Rape prevention and education grant.
Sec. 302. Creating hope through outreach, options, services, and education for children and youth.
Sec. 303. Grants to combat violent crimes on campuses.
Sec. 304. National Center for Campus Public Safety.
Title IV—Violence reduction practices
Sec. 401. Study conducted by the centers for disease control and prevention.
Sec. 402. Saving money and reducing tragedies through prevention grants.
Title V—Strengthening the health care system’s response to domestic violence, dating violence, sexual assault, and stalking
Sec. 501. Consolidation of grants to strengthen the health care system’s response to domestic violence, dating violence, sexual assault, and stalking.
Title VI—Safe homes for victims of domestic violence, dating violence, sexual assault, and stalking
Sec. 601. Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking.
Sec. 602. Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, and stalking.
Sec. 603. Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking.
Title VII—Economic security for victims of violence
Sec. 701. National Resource Center on Workplace Responses to assist victims of domestic and sexual violence.
Title VIII—Immigration provisions
Sec. 801. Fraud prevention initiatives.
Sec. 802. Clarification of the requirements applicable to U visas.
Sec. 803. Protections for a fiancée or fiancé of a citizen.
Sec. 804. Regulation of international marriage brokers.
Sec. 805. GAO report.
Sec. 806. Temporary Nature of U Visa Status.
Sec. 807. Annual report on immigration applications made by victims of abuse.
Sec. 808. Protection for children of VAWA self-petitioners.
Sec. 809. Public charge.
Sec. 810. Age-Out Protection for U Visa Applicants.
Sec. 811. Hardship waivers.
Sec. 812. Disclosure of Information for National Security Purpose.
Sec. 813. GAO report on requirements to cooperate with law enforcement officials.
Sec. 814. Consideration of other evidence.
Title IX—Safety for Indian women
Sec. 901. Grants to Indian tribal governments.
Sec. 902. Grants to Indian tribal coalitions.
Sec. 903. Consultation.
Sec. 904. Analysis and research on violence against Indian women.
Sec. 905. Assistant United States attorney domestic violence tribal liaisons.
Title X—Criminal provisions
Sec. 1001. Criminal provisions relating to sexual abuse.
Sec. 1002. Sexual abuse in custodial settings.
Sec. 1003. Criminal provision relating to stalking, including cyberstalking.
Sec. 1004. Amendments to the Federal assault statute.
Sec. 1005. Mandatory minimum sentence.
Sec. 1006. Federal protection orders.
VAWA definitions and grant conditions
Definitions
Subsection (a) of section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)) is amended—
in paragraph (2), by inserting to an
unemancipated minor
after serious harm
;
in paragraph (3), by striking an
organization
and inserting a nonprofit, nongovernmental, or
tribal organization that serves a specific geographic community
;
in paragraph (6)
by inserting or intimate partner
after former
spouse
and after as a spouse
;
by amending paragraph (16) to read as follows:
Legal assistance
The term legal assistance—
includes assistance to adult and youth victims of domestic violence, dating violence, sexual assault, and stalking in—
family, tribal, territorial, immigration, employment, administrative agency, housing matters, campus administrative or protection or stay away order proceedings, and other similar matters; and
criminal justice investigations, prosecutions and post-trial matters (including sentencing, parole, and probation) that impact the victim's safety and privacy; and
may include services and assistance to victims of domestic violence, dating violence, sexual assault, or stalking who are also victims of severe forms of trafficking in persons as defined by section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102);
.
by amending paragraph (18) to read as follows:
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 first and last name;
a home or other physical address;
contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number);
a social security number, driver license number, passport number, or student identification number; and
any other information, including date of birth, racial or ethnic background, or religious affiliation, that would serve to identify any individual.
;
in paragraph (19),
by striking services
and inserting
assistance
;
in paragraph (21)—
in subparagraph
(A), by striking or
after the semicolon;
in subparagraph
(B)(ii), by striking the period and inserting ; or
; and
by adding at the end the following:
any federally recognized Indian tribe.
;
in paragraph (22)—
by striking
52
and inserting 57
; and
by striking
150,000
and inserting 250,000
;
by amending paragraph (23) to read as follows:
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.
;
by amending paragraph (33) to read as follows:
Underserved populations
The term underserved populations means populations who face barriers to accessing and using victim services, and includes populations underserved because of geographic location or religion, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General or the Secretary of Health and Human Services, as appropriate.
;
by amending paragraph (37) to read as follows:
Youth
The term youth means a person who is 11 to 24 years of age.
;
by adding at the end the following new paragraphs:
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.).
Child
The term child means a person who is under 11 years of age.
Culturally specific
The term culturally specific (except when used as part of the term culturally specific services) means primarily composed of racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act (42 U.S.C. 300u–6(g))).
Culturally specific services
The term culturally specific services means community-based services and resources that are culturally relevant and linguistically specific to culturally specific communities.
Homeless, homeless individual, homeless person
The terms homeless, homeless individual, and homeless person—
mean an individual who lacks a fixed, regular, and adequate nighttime residence; and
includes—
an individual who—
is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;
is living in a motel, hotel, trailer park, or campground due to the lack of alternative adequate accommodations;
is living in an emergency or transitional shelter;
is abandoned in a hospital; or
is awaiting foster care placement;
an individual who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or
migratory children (as defined in section 1309 of the Elementary and Secondary Education Act of 1965; 20 U.S.C. 6399) who qualify as homeless under this section because the children are living in circumstances described in this paragraph.
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.
Population specific services
The term population specific services means victim 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
are designed primarily for, and are targeted to, a specific underserved population.
Rape crisis center
The term rape crisis center means—
a nonprofit, nongovernmental, or tribal organization that provides intervention and related assistance, as specified in section 41601(b)(2)(C), to victims of sexual assault without regard to the age of the victims; or
a governmental entity that—
is located in a State other than a Territory;
provides intervention and related assistance, as specified in section 41601(b)(2)(C), to victims of sexual assault without regard to the age of the victims;
is not a law enforcement agency or other entity that is part of the criminal justice system; and
offers a level of confidentiality to victims that is comparable to a nonprofit entity that provides similar victim services.
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.
Tribal coalition
The term tribal coalition means an established nonprofit, nongovernmental Indian organization, Alaska Native organization, or a Native Hawaiian organization that—
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
is comprised of board and general members that are representative of—
the member service providers described in subparagraph (A); and
the tribal communities in which the services are being provided.
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.
Victim services
The term victim services—
means services provided to victims of domestic violence, dating violence, sexual assault, or stalking, including telephonic or web-based hotlines, legal advocacy, economic advocacy, emergency and transitional shelter, accompaniment and advocacy through medical, civil or criminal justice, immigration, and social support systems, crisis intervention, short-term individual and group support services, information and referrals, culturally specific services, population specific services, and other related supportive services; and
may include services and assistance to victims of domestic violence, dating violence, sexual assault, or stalking who are also victims of severe forms of trafficking in persons as defined by section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
Victim service provider
The term victim service provider means a nonprofit, nongovernmental or tribal organization or rape crisis center, including a State sexual assault coalition or tribal coalition, that—
assists domestic violence, dating violence, sexual assault, or stalking victims, including domestic violence shelters, faith-based organizations, and other organizations; and
has a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.
; and
by striking paragraphs (17), (29), and (36), and then reordering the remaining paragraphs of such subsection (including the paragraphs added by paragraph (12) of this subsection) in alphabetical order based on the headings of such paragraphs, and renumbering such paragraphs as so reordered.
Grants conditions
Subsection (b) of section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)) is amended—
in paragraph (2)—
in subparagraph (B), by amending clauses (i) and (ii) to read as follows:
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
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; and
if a minor or a person with a legally appointed guardian is permitted by law to receive services without the parent's or guardian's consent, such minor or person with a guardian may release information without additional consent.
;
by amending subparagraph (D), to read as follows:
Information sharing
In general
Grantees and subgrantees may share—
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;
court-generated information and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes; and
law enforcement-generated and prosecution-generated information necessary for law enforcement, intelligence, national security, or prosecution purposes.
Limitations
Grantees and subgrantees may not—
require an adult, youth, or child victim of domestic violence, dating violence, sexual assault, or stalking to provide a consent to release his or her personally identifying information as a condition of eligibility for the services provided by the grantee or subgrantee; or
share any personally identifying information in order to comply with Federal reporting, evaluation, or data collection requirements, whether for this program or any other Federal grant program.
;
by redesignating subparagraph (E) as subparagraph (F);
by inserting after subparagraph (D) the following:
Statutorily mandated reports of abuse or neglect
Nothing in this paragraph prohibits a grantee or subgrantee from reporting suspected abuse or neglect, as those terms are defined by law, when specifically mandated by the State or tribe involved.
; and
by adding at the end the following new subparagraph:
Confidentiality assessment and assurances
Grantees and subgrantees shall certify their compliance with the confidentiality and privacy provisions required under this section.
;
by striking paragraph (3) and inserting the following:
Approved activities
In carrying out the activities under this title, grantees and subgrantees may collaborate with and provide information to Federal, State, local, tribal, and territorial public officials and agencies to develop and implement policies, and develop and promote State, local, or tribal legislation or model codes, designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking.
;
in paragraph (7), by inserting at the end the following:
Final reports of such evaluations shall be made publically available on the website of the disbursing agency.; and
by inserting after paragraph (11) the following:
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)).
Civil Rights
Nondiscrimination
No person in any State shall on the basis of actual or perceived race, color, religion, national origin, sex, or disability be denied the assistance of, or excluded from receiving services from, a grantee under any program or activity funded in whole or in part with funds made available under the Violence Against Women Act of 1994 (title IV of Public Law 103–322; 108 Stat. 1902), the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2012, or any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance administered by the Office on Violence Against Women.
Reasonable accommodation
Nothing in this paragraph shall prevent consideration of an individual’s gender for purposes of a program or activity described in subparagraph (A) if the grantee involved determines that gender segregation or gender-specific programming is necessary to the essential operation of such program or activity. In such a case, alternative reasonable accommodations are sufficient to meet the requirements of this paragraph.
Application
The provisions of paragraphs (2) through (4) of section 809(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789d(c)) shall apply to violations of subparagraph (A).
Rule of construction
Nothing in this paragraph shall be construed, interpreted, or applied to supplant, displace, preempt, or otherwise diminish the responsibilities and liabilities of grantees under other Federal or State civil rights law, whether statutory or common.
.
Conforming amendment
Section 41403(6) of the Violence Against Women Act of 1994 (14043e–2(6)) is amended to read as follows:
the terms homeless, homeless individual, and homeless person have the meanings given such terms in section 40002(a);
.
Accountability provisions
Requirement for DOJ grant applicants To include certain information about Federal grants in DOJ grant applications
Each applicant for a grant from the Department of Justice shall submit, as part of the application for the grant, the following information:
A list of each Federal grant the applicant applied for during the one-year period preceding the date of submission of the application.
A list of each Federal grant the applicant received during the five-year period preceding the date of submission of the application.
Enhancing grant efficiency and coordination
In general
The Attorney General, in consultation with the Secretary of Health and Human Services, shall, to the greatest extent practicable, take actions to further the coordination of the administration of grants within the Department of Justice to increase the efficiency of such administration.
Report
Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a report on the actions taken by the Attorney General under paragraph (1) and the progress of such actions in achieving coordination described in such paragraph.
Requiring Office of Audit, Assessment, and Management functions To apply to VAWA grants
In general
Section 109(b) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended—
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2), the following new paragraph:
Any program or activity funded in whole or in part with funds made available under the Violence Against Women Act of 1994 (title IV of Public Law 103–322; 108 Stat. 1902), the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2012, or any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance administered by the Office on Violence Against Women.
.
Effective date
The amendments made by subsection (a) shall apply with respect to grant periods beginning on or after the date of the enactment of this Act.
VAWA grant accountability
Section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925) is further amended by adding at the end the following:
Accountability
All grants awarded under this title shall be subject to the following accountability provisions:
Audit requirement
Beginning in fiscal year 2013, and in each fiscal year thereafter, the Inspector General of the Department of Justice or the Inspector General of the Department of Health and Human Services, as applicable, shall conduct an audit of not fewer than 10 percent of all grantees under this title to prevent waste, fraud, and abuse of funds by such grantees.
Mandatory exclusion
A grantee described in paragraph (1) that is found by the Inspector General of the Department of Justice or the Inspector General of the Department of Health and Human Services, as applicable, to have an unresolved audit finding (as defined in paragraph (5)) shall not be eligible to receive grant funds under this title during the 2 fiscal years beginning after the 12-month period described in such paragraph.
Reimbursement
If an entity is awarded grant funds under this title during any period in which the entity is prohibited from receiving funds under paragraph (2), the head of the Federal agency administering a grant program under this title shall—
deposit into the General Fund of the Treasury an amount equal to the grant funds that were improperly awarded to the grantee; and
seek to recoup the costs of the repayment to the Fund from the entity that was erroneously awarded such grant funds.
Unresolved audit finding defined
In this subsection, the term unresolved audit finding means, with respect to a grantee described in paragraph (1), an audit report finding, statement, or recommendation by the Inspector General of the Department of Justice or the Inspector General of the Department of Health and Human Service, as applicable, that the grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date of an initial notification of the finding, statement, or recommendation.
Nonprofit organization requirements
Definition
For purposes of this paragraph, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.
Prohibition
The Attorney General shall not award a grant under any grant program under this title to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986.
Administrative expenses
Unless otherwise explicitly provided in authorizing legislation, not more than 5.0 percent of the amounts authorized to be appropriated under this title may be used by the Attorney General for salaries and administrative expenses of the Office on Violence Against Women.
Conference expenditures
Limitation
No amounts authorized to be appropriated to the Department of Justice or Department of Health and Human Services under this title may be used by the Attorney General, the Secretary of Health and Human Services, or by any individual or organization awarded funds under this title, to host or support any expenditure for conferences, unless in the case of the Department of Justice, the Deputy Attorney General or the appropriate Assistant Attorney General, or in the case of the Department of Health and Human Services the Deputy Secretary, provides prior written authorization that the funds may be expended to host or support any expenditure for such a conference.
Written approval
Written authorization under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audio/visual equipment, honoraria for speakers, and any entertainment.
Report
The Deputy Attorney General and Deputy Secretary of Health and Human Services shall submit an annual report to the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on the Judiciary and the Committee on Energy and Commerce of the House of Representatives on all conference expenditures approved and denied during the fiscal year for which the report is submitted.
Prohibition on lobbying activity
In general
Amounts authorized to be appropriated under this title may not be utilized by any grantee or subgrantee to lobby any representative of the Federal Government (including the Department of Justice) or a State, local, or tribal government regarding the award of grant funding.
Penalty
If the Attorney General or the Secretary of Health and Human Services, as applicable, determines that any grantee or subgrantee receiving funds under this title has violated subparagraph (A), the Attorney General or the Secretary of Health and Human Services, as applicable, shall—
require the grantee or subgrantee to repay such funds in full; and
prohibit the grantee or subgrantee from receiving any funds under this title for not less than 5 years.
Annual certification
Beginning in the first fiscal year beginning after the date of the enactment of the Violence Against Women Reauthorization Act of 2012, the Assistant Attorney General for the Office of Justice Programs, the Director of the Office on Violence Against Women, and the Deputy Secretary for Health and Human Services shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a certification for such year that—
all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the Assistant Attorney General for the Office of Justice Programs;
all mandatory exclusions required under paragraph (2) have been issued;
all reimbursements required under paragraph (3) have been made; and
includes a list of any grantees and subgrantees excluded during the previous year under paragraph (2).
.
Training and resources for VAWA grantees
Section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925) is further amended—
in the heading, by
striking and grant
provisions
and inserting , grant provisions, and training and resources for
VAWA grantees
; and
by adding at the end the following new subsection:
Training and resources for VAWA grantees
In general
The Attorney General and Secretary of Health and Human Services, as applicable, shall—
develop standards, protocols, and sample tools and forms to provide guidance to grantees and subgrantees under any program or activity described in paragraph (2) regarding financial record-keeping and accounting practices required of such grantees and subgrantees as recipients of funds from the disbursing agency;
provide training to such grantees and subgrantees regarding such standards, protocols, and sample tools and forms; and
publish on the public Internet website of the Office of Violence Against Women information to assist such grantees and subgrantees with compliance with such standards, protocols, and sample tools and forms.
VAWA programs and activities
For purposes of paragraph (1), a program or activity described in this paragraph is any program or activity funded in whole or in part with funds made available under this title, the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2012, or any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance administered by the Office on Violence Against Women.
.
Effective date
Except as otherwise specifically provided in this Act, the provisions of titles I, II, III, IV, VII, and sections 3, 602, 901, and 902 of this Act shall not take effect until the first day of the fiscal year following the date of enactment of this Act.
Enhancing Judicial and Law Enforcement Tools To Combat Violence Against Women
STOP grants
STOP grants
Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended—
in section 2001(b) (42 U.S.C. 3796gg(b)), as amended by paragraph (2)—
in the matter preceding paragraph (1)—
by
striking equipment
and inserting resources
;
and
by
inserting for the protection and safety of victims,
before
and specifically,
;
in paragraph (1),
by striking sexual assault
and all that follows through
dating violence
and inserting domestic violence, dating
violence, sexual assault, and stalking
;
in paragraph (2),
by striking sexual assault and domestic violence
and inserting
domestic violence, dating violence, sexual assault, and
stalking
;
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
;
in paragraph (4)—
by
inserting , classifying,
after identifying
;
and
by
striking sexual assault and domestic violence
and inserting
domestic violence, dating violence, sexual assault, and
stalking
;
in paragraph (5)—
by
inserting and legal assistance
after victim
services
;
by
striking sexual assault and domestic violence
and inserting
domestic violence, dating violence, sexual assault, and
stalking
; and
by
striking including crimes
and all that follows and inserting
including crimes of domestic violence, dating violence, sexual assault,
and stalking;
;
by striking paragraph (6) and redesignating paragraphs (7) through (14) as paragraphs (6) through (13), respectively;
in paragraph (6),
as so redesignated by subparagraph (G), by striking sexual assault and
domestic violence
and inserting domestic violence, dating
violence, sexual assault, and stalking
;
in paragraph (7),
as so redesignated by subparagraph (G), by striking and dating
violence
and inserting dating violence, and
stalking
;
in paragraph (9), as so redesignated by subparagraph (G)—
by
striking domestic violence or sexual assault
and inserting
domestic violence, dating violence, sexual assault, or stalking
;
and
by
striking such violence or assault
and inserting such
violence, assault, or stalking
;
in paragraph (12), as so redesignated by subparagraph (G)—
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
in subparagraph (D), by striking
and
at the end;
in paragraph (13), as so redesignated by subparagraph (G)—
in the matter preceding subparagraph (A)—
by striking
to provide
and inserting providing
;
by striking
nonprofit nongovernmental
; and
by striking the
comma after local governments
;
by
inserting and
after the semicolon in subparagraph (B);
and
by striking the period at the end of subparagraph (C) and inserting a semicolon;
by inserting after paragraph (13), as so redesignated by subparagraph (G), the following:
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;
developing, implementing, or enhancing Sexual Assault Response Teams, or other similar coordinated community responses to sexual assault;
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;
developing, enlarging, or strengthening programs addressing sexual assault against men, women, and youth in correctional and detention settings;
identifying and conducting inventories of backlogs of sexual assault evidence collection kits and developing protocols and policies for responding to and addressing such backlogs, including protocols and policies for notifying and involving victims; and
with not more than 5 percent of the total amount allocated to a State for this part, developing, enhancing, or strengthening prevention and educational programming to address domestic violence, dating violence, sexual assault, or stalking.
; and
in the flush text
at the end, by striking paragraph (14)
and inserting
paragraph (13)
;
in section 2007 (42 U.S.C. 3796gg–1)—
in subsection (a),
by striking nonprofit nongovernmental victim services programs
and inserting victim service providers
;
in subsection
(b)(6), by striking (not including populations of Indian
tribes)
;
in subsection (c)—
by amending paragraph (2) to read as follows:
grantees and subgrantees shall develop a plan for implementation and may consult and coordinate with—
the State sexual assault coalition;
the State domestic violence coalition;
the law enforcement entities within the State;
prosecution offices;
State and local courts;
tribal governments or tribal coalitions in those States with State or federally recognized Indian tribes;
representatives from underserved populations;
victim service providers;
population specific organizations; and
other entities that the State or the Attorney General identifies as necessary for the planning process;
;
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
by inserting after paragraph (2) the following:
grantees shall coordinate the State implementation plan described in paragraph (2) with the State plans described in section 307 of the Family Violence Prevention and Services Act (42 U.S.C. 10407) and the plans described in the Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) and section 393A of the Public Health Service Act (42 U.S.C. 280b–1b); and
; and
in paragraph (4), as so redesignated by clause (ii)—
in subparagraph
(A), by striking and not less than 25 percent shall be allocated for
prosecutors
;
by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E);
by inserting after subparagraph (A), the following:
not less than 25 percent shall be allocated for prosecutors;
for each fiscal year beginning on or after the date that is 2 years after the date of enactment of the Violence Against Women Reauthorization Act of 2012, not less than 20 percent shall be allocated for programs or projects that meaningfully address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship;
; and
in subparagraph
(E), as so redesignated by subclause (II), by striking ; and
and
inserting a period;
by amending subsection (d) to read as follows:
Application requirements
An application for a grant under this part shall include—
the certifications of qualification required under subsection (c);
proof of compliance with the requirements for the payment of forensic medical exams and judicial notification, described in section 2010;
proof of compliance with the requirements for paying fees and costs relating to domestic violence and protection order cases described in section 2011;
proof of compliance with the requirements prohibiting polygraph examinations of victims of sexual assault described in section 2013;
an implementation plan required under subsection (i); and
any other documentation that the Attorney General may require.
;
in subsection (e)—
in paragraph (2)—
in subparagraph
(A), by striking domestic violence and sexual assault
and
inserting domestic violence, dating violence, sexual assault, and
stalking
; and
in subparagraph (D), by striking
linguistically and
; and
by adding at the end the following:
Conditions
In disbursing grants under this part, the Attorney General may impose reasonable conditions on grant awards disbursed after the date of enactment of the Violence Against Women Reauthorization Act of 2012 to ensure that the States meet statutory, regulatory, and other programs requirements.
;
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
by adding at the end the following:
Implementation plans
A State applying for a grant under this part shall—
develop an implementation plan in consultation with representatives of the entities listed in subsection (c)(2), that identifies how the State will use the funds awarded under this part; and
submit to the Attorney General as part of the application submitted in accordance with subsection (d)—
the implementation plan developed under paragraph (1);
documentation from each member of the planning committee with respect to the member’s participation in the planning process;
documentation from the prosecution, law enforcement, court, and victim services programs to be assisted, describing—
the need for the grant funds;
the intended use of the grant funds;
the expected result of the grant funds; and
the demographic characteristics of the populations to be served, including age, disability, race, ethnicity, and language background;
a description of how the State will ensure that any subgrantees will consult with victim service providers during the course of developing their grant applications to ensure that the proposed activities are designed to promote the safety, confidentiality, and economic independence of victims;
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);
a description of how the State plans to meet the requirements pursuant to regulations issued under subsection (e)(2);
goals and objectives for reducing domestic and dating violence-related homicides within the State; and
any other information requested by the Attorney General.
Reallocation of funds
A State may use any returned or remaining funds for any authorized purpose under this part if—
funds from a subgrant awarded under this part are returned to the State; or
the State does not receive sufficient eligible applications to award the full funding within the allocations under subsection (c)(4).
;
in section 2010 (42 U.S.C. 3796gg–4)—
in subsection (a), by amending paragraph (1) to read as follows:
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—
incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault; and
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.
;
in subsection (b)—
in
paragraph (1), by inserting or
after the semicolon;
in
paragraph (2), by striking ; or
and inserting a period;
and
by striking paragraph (3);
in subsection (c),
by striking , except that such funds
and all that follows and
inserting a period; and
by amending subsection (d) to read as follows:
Noncooperation
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.
Compliance period
States, territories, and Indian tribal governments shall have 3 years from the date of enactment of the Violence Against Women Reauthorization Act of 2012 to come into compliance with this subsection.
; and
in section 2011(a)(1) (42 U.S.C. 3796gg–5(a)(1))—
by inserting
modification, enforcement, dismissal,
after
registration,
each place it appears; and
by striking
domestic violence, stalking, or sexual assault
and inserting
domestic violence, dating violence, sexual assault, or
stalking
.
Authorization of appropriations
Section
1001(a)(18) of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C.
3793(a)(18)), is amended by striking $225,000,000 for
each of fiscal years 2007 through 2011
and inserting
$222,000,000 for each of fiscal years 2013 through 2017
.
Grants to encourage arrest policies and enforcement of protection orders
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—
in section 2101 (42 U.S.C. 3796hh)—
in subsection (b)—
in
the matter preceding paragraph (1), by striking States,
and all
that follows through units of local government
and inserting
grantees
;
in
paragraph (1), by inserting and enforcement of protection orders across
State and tribal lines
before the period;
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
;
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
;
in
paragraph (5), by inserting and other victim services
after
legal advocacy service programs
;
in
paragraph (6), by striking judges
and inserting Federal,
State, tribal, territorial, and local judges, and court-based and court-related
personnel
;
in
paragraph (8), by striking and sexual assault
and inserting
, dating violence, sexual assault, and stalking
;
in paragraph
(10), by striking non-profit, non-governmental victim services
organizations,
and inserting victim service providers,
population specific organizations,
; and
by adding at the end the following:
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.
To develop or strengthen policies, protocols, and training for law enforcement officers, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence, dating violence, sexual assault, and stalking.
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.
To develop, implement, or enhance sexual assault nurse examiner programs or sexual assault forensic examiner programs, including the hiring and training of such examiners.
To develop, implement, or enhance Sexual Assault Response Teams or similar coordinated community responses to sexual assault.
To develop and strengthen policies, protocols, and training for law enforcement officers and prosecutors regarding the investigation and prosecution of sexual assault cases and the appropriate treatment of victims of sexual assault.
To provide the following human immunodeficiency virus services for victims of sexual assault:
Testing.
Counseling.
Prophylaxis.
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.
To develop multidisciplinary high-risk teams focusing on reducing domestic violence and dating violence homicides by—
using evidence-based indicators to assess the risk of homicide and link high-risk victims to immediate crisis intervention services;
identifying and managing high-risk offenders; and
providing ongoing victim advocacy and referrals to comprehensive services including legal, housing, health care, and economic assistance.
;
in subsection (c)—
in paragraph (1)—
in the matter
preceding subparagraph (A), by inserting except for a court,
before certify
; and
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margin accordingly;
in
paragraph (2), by inserting except for a court,
before
demonstrate
;
in paragraph (4)—
by inserting
modification, enforcement, dismissal,
after
registration,
each place it appears;
by inserting
dating violence,
after domestic violence,
;
and
by striking
and
at the end;
in paragraph (5)—
in the matter
preceding subparagraph (A), by striking , not later than 3 years after
the date of enactment of this section,
;
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margin accordingly;
in clause (ii),
as redesignated by subclause (II) of this clause, by striking
subparagraph (A)
and inserting clause (i)
;
and
by striking the
period at the end and inserting ; and
;
by redesignating paragraphs (1) through (5), as amended by this subparagraph, as subparagraphs (A) through (E), respectively, and adjusting the margin accordingly;
in the matter preceding subparagraph (A), as redesignated by clause (v) of this subparagraph—
by striking the second comma; and
by striking
grantees are States
and inserting the following: “grantees
are—
States
; and
by adding at the end the following:
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).
;
in subsection (d)—
in paragraph (1)—
in the matter
preceding subparagraph (A), by inserting , policy,
after
law
; and
in subparagraph
(A), by inserting and the defendant is in custody or has been served
with the information or indictment
before the semicolon; and
in
paragraph (2), by striking it
and inserting its
;
and
by adding at the end the following:
Allocation for tribal coalitions
Of the amounts appropriated for purposes of this part for each fiscal year, not less than 5 percent shall be available for grants under section 2001(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)).
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
in section 2102(a) (42 U.S.C. 3796hh–1(a))—
in paragraph (1),
by inserting court,
after tribal government,
;
and
in paragraph (4),
by striking nonprofit, private sexual assault and domestic violence
programs
and inserting victim service providers and, as
appropriate, population specific organizations
.
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—
by striking
$75,000,000
and all that follows through 2011
and
inserting $73,000,000 for each of fiscal years 2013 through
2017
; and
by striking the second period.
Legal assistance for victims
Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg–6) is amended—
in subsection (a)—
in the first
sentence, by striking arising as a consequence of
and inserting
relating to or arising out of
; and
in the second
sentence, by inserting or arising out of
after relating
to
;
in subsection (b)—
in the heading, by
inserting and grant
conditions
after Definitions
; and
by inserting
and grant conditions
after definitions
;
in subsection (c)—
in paragraph (1),
by striking victim services organizations
and inserting
victim service providers
; and
by striking paragraph (3) and inserting the following:
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.
;
in subsection (d)—
in paragraph (1),
by striking subsection (c) has completed
and all that follows
and inserting the following: “this section—
has demonstrated expertise in providing legal assistance or advocacy to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; or
is partnered with an entity or person that has demonstrated expertise described in subparagraph (A); and
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
in paragraph (2),
by striking stalking organization
and inserting stalking
victim service provider
; and
in subsection (f)—
in paragraph (1),
by striking this section
and all that follows through the period
at the end and inserting this section $57,000,000 for each of fiscal
years 2013 through 2017.
; and
in paragraph (2), by adding at the end the following new subparagraph:
Of the amount made available under this subsection in each fiscal year, not more than 10 percent may be used for purposes described in subsection (c)(3).
.
Consolidation of grants to support families in the justice system
In general
Title III of division B of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386; 114 Stat. 1509) is amended by striking the section preceding section 1302 (42 U.S.C. 10420), as amended by section 306 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 3016), and inserting the following:
Court training and supervised visitation improvements
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.
Use of funds
A grant under this section may be used to—
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;
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;
educate court-based and court-related personnel (including custody evaluators and guardians ad litem) and child protective services workers on the dynamics of domestic violence, dating violence, sexual assault, and stalking, including information on perpetrator behavior, evidence-based risk factors for domestic and dating violence homicide, and on issues relating to the needs of victims, including safety, security, privacy, and confidentiality, including cases in which the victim proceeds pro se;
provide adequate resources in juvenile court matters to respond to domestic violence, dating violence, sexual assault (including child sexual abuse), and stalking and ensure necessary services dealing with the physical health and mental health of victims are available;
enable courts or court-based or court-related programs to develop or enhance—
court infrastructure (such as specialized courts, consolidated courts, dockets, intake centers, or interpreter services);
community-based initiatives within the court system (such as court watch programs, victim assistants, pro se victim assistance programs, or community-based supplementary services);
offender management, monitoring, and accountability programs;
safe and confidential information-storage and information-sharing databases within and between court systems;
education and outreach programs to improve community access, including enhanced access for underserved populations; and
other projects likely to improve court responses to domestic violence, dating violence, sexual assault, and stalking;
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
improve training and education to assist judges, judicial personnel, attorneys, child welfare personnel, and legal advocates in the civil justice system regarding domestic violence, dating violence, sexual assault, stalking, or child abuse.
Considerations
In general
In making grants for purposes described in paragraphs (1) through (6) of subsection (b), the Attorney General shall consider—
the number of families to be served by the proposed programs and services;
the extent to which the proposed programs and services serve underserved populations;
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
the extent to which the applicant demonstrates coordination and collaboration with State, tribal, and local court systems, including mechanisms for communication and referral.
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.
Applicant requirements
The Attorney General may make a grant under this section to an applicant that—
demonstrates expertise in the areas of domestic violence, dating violence, sexual assault, stalking, or child sexual abuse, as appropriate;
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;
if the applicant proposes to operate supervised visitation programs and services or safe visitation exchange, demonstrates that adequate security measures, including adequate facilities, procedures, and personnel capable of preventing violence, and adequate standards are, or will be, in place (including the development of protocols or policies to ensure that confidential information is not shared with courts, law enforcement agencies, or child welfare agencies unless necessary to ensure the safety of any child or adult using the services of a program funded under this section);
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;
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
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.
Authorization of appropriations
There is authorized to be appropriated to carry out this section, $22,000,000 for each of the fiscal years 2013 through 2017. Amounts appropriated pursuant to this subsection are authorized to remain available until expended.
Allotment for Indian tribes
In general
Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized by section 2015 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–10).
Applicability of part
The requirements of this section shall not apply to funds allocated for the program described in paragraph (1).
.
Technical and conforming amendment
Subtitle J of the Violence Against Women Act of 1994 (42 U.S.C. 14043 et seq.) is repealed.
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—
in section 216
(42 U.S.C.
13012), by striking January 1, 2010
and
inserting January 1, 2015
;
in section 217 (42 U.S.C. 13013)—
in subsection
(c)(2)(A), by striking Code of Ethics
and inserting
Standards for Programs
; and
by adding at the end the following new subsection:
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
in section 219(a)
(42 U.S.C.
13014(a)), by striking fiscal years 2007 through
2011
and inserting fiscal years 2013 through
2017
.
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:
Grants for outreach and services to underserved populations
Grants authorized
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.
Programs covered
The programs identified in this paragraph are the programs carried out under the following provisions:
Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (STOP grants).
Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Grants to encourage arrest policies).
Eligible entities
Eligible entities under this section are—
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;
victim service providers offering population specific services for a specific underserved population; or
victim service providers working in partnership with a national, State, or local organization that has demonstrated experience and expertise in providing population specific services in the relevant underserved population.
Planning grants
The Attorney General may use up to 20 percent of funds available under this section to make one-time planning grants to eligible entities to support the planning and development of specially designed and targeted programs for adult and youth victims in one or more underserved populations, including—
identifying, building, and strengthening partnerships with potential collaborators within underserved populations, Federal, State, tribal, territorial or local government entities, and public and private organizations;
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;
identifying promising prevention, outreach, and intervention strategies for victims from a targeted underserved population or populations; and
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.
Implementation grants
The Attorney General shall make grants to eligible entities for the purpose of providing or enhancing population specific outreach and victim services to adult and youth victims in one or more underserved populations, including—
working with Federal, State, tribal, territorial and local governments, agencies, and organizations to develop or enhance population specific victim services;
strengthening the capacity of underserved populations to provide population specific services;
strengthening the capacity of traditional victim service providers to provide population specific services;
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
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.
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.
Reports
Each eligible entity receiving a grant under this section shall annually submit to the Director of the Office on Violence Against Women a report that describes the activities carried out with grant funds during the preceding fiscal year.
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.
Authorization of appropriations
In addition to the funds identified in subsection (a)(1), there are authorized to be appropriated to carry out this section $2,000,000 for each of the fiscal years 2013 through 2017.
.
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—
in the section
heading, by striking and
linguistically
;
by striking
and linguistically
each place it appears;
by striking
and linguistic
each place it appears;
by amending paragraph (2) of subsection (a) to read as follows:
Programs covered
The programs identified in this paragraph are the programs carried out under the following provisions:
Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) (Grants to encourage arrest policies).
Section 1201 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg–6) (Legal assistance for victims).
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).
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).
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
in subsection (g),
by striking linguistic and
.
Reduction in rape kit backlog
Section 2(c)(3) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(c)(3)), is amended—
in subparagraph
(B), by striking 2014
and inserting 2012
;
and
by adding at the end the following new subparagraph:
For each of the fiscal years 2013 and 2014, not less than 75 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).
.
Assistance to victims of sexual assault training programs
Section 40152(c) of the Violence Against
Women Act of 1994 (42 U.S.C. 13941(c)) is amended by
striking to carry out this section
and all that follows through
the period at the end and inserting to carry out this section $5,000,000
for each of fiscal years 2013 through 2017.
.
Child abuse training programs for judicial personnel and practitioners
Section 224(a) of the Victims of Child Abuse
Act of 1990 (42
U.S.C. 13024(a)) is amended by striking
$2,300,000
and all that follows through the period at the end
and inserting $2,300,000 for each of fiscal years 2013 through
2017.
.
Improving services for victims of domestic violence, dating violence, sexual assault, and stalking
Sexual assault services program
Grants to States and territories
Section 41601(b) of the Violence Against Women Act of 1994 (42 U.S.C. 14043g(b)) is amended—
in paragraph (1),
by striking other programs
and all that follows through the
period at the end and inserting other nongovernmental or tribal programs
and projects to assist individuals who have been victimized by sexual assault,
without regard to the age of the individual.
;
in paragraph (2)—
in subparagraph
(B), by striking nonprofit, nongovernmental organizations for programs
and activities
and inserting nongovernmental or tribal programs
and activities
; and
in subparagraph
(C)(v), by striking linguistically and
; and
in paragraph (4)—
in the first sentence—
by
inserting and territory
after each State
;
by
striking 1.50 percent
and inserting 0.75 percent
;
and
by
striking , except that
and all that follows through of
the total appropriations
; and
in the last
sentence, by striking the preceding formula
and inserting
this paragraph
.
Authorization of appropriations
Section 41601(f)(1) of the Violence Against Women
Act of 1994 (42
U.S.C. 14043g(f)(1)) is amended by striking $50,000,000
to remain available until expended for each of the fiscal years 2007 through
2011
and inserting $40,000,000 to remain available until
expended for each of fiscal years 2013 through 2017
.
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—
in subsection
(a)(1)(H), by inserting , including sexual assault forensic
examiners
before the semicolon;
in subsection (b)—
in paragraph (1)—
by
striking victim advocacy groups
and inserting victim
service providers
; and
by
inserting , including developing multidisciplinary teams focusing on
high-risk cases with the goal of preventing domestic and dating violence
homicides
before the semicolon;
in paragraph (2)—
by
striking and other long- and short-term assistance
and inserting
legal assistance, and other long-term and short-term victim services and
population specific services
; and
by
striking and
at the end;
in paragraph (3),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
to develop, expand, or strengthen programs addressing sexual assault, including sexual assault forensic examiner programs, Sexual Assault Response Teams, law enforcement training, and programs addressing rape kit backlogs.
; and
in subsection
(e)(1), by striking $55,000,000 for each of the fiscal years 2007
through 2011
and inserting $50,000,000 for each of fiscal years
2013 through 2017
.
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—
in subsection (b)—
in paragraph (1),
by inserting (including using evidence-based indicators to assess the
risk of domestic and dating violence homicide)
after risk
reduction
;
in paragraph (4),
by striking victim service organizations
and inserting
victim service providers
; and
in paragraph (5), by striking victim
services organizations
and inserting victim service
providers
;
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
in subsection (e),
by striking $10,000,000 for each of the fiscal years 2007 through
2011
and inserting $9,000,000 for each of fiscal years 2013
through 2017
.
Grant for training and services to end violence against women in later life
Section 40802 of the Violence Against Women Act of 1994 (42 U.S.C. 14041a) is amended to read as follows:
Grant for training and services to end violence against women in later life
Definitions
In this section:
The term eligible entity means an entity that—
is—
a State;
a unit of local government;
a tribal government or tribal organization;
a population specific organization with demonstrated experience in assisting individuals in later life;
a victim service provider; or
a State, tribal, or territorial domestic violence or sexual assault coalition; and
is partnered with—
a law enforcement agency;
an office of a prosecutor;
a victim service provider; or
a nonprofit program or government agency with demonstrated experience in assisting individuals in later life.
The term elder abuse means domestic violence, dating violence, sexual assault, or stalking committed against individuals in later life.
The term individual in later life means an individual who is 60 years of age or older.
Grant Program
Grants authorized
The Attorney General may make grants to eligible entities to carry out the activities described in paragraph (2). In awarding such grants, the Attorney General shall consult with the Secretary of Health and Human Services to ensure that the activities funded under this section are not duplicative with the activities funded under the elder abuse prevention programs of the Department of Health and Human Services.
Mandatory and permissible activities
Mandatory activities
An eligible entity receiving a grant under this section shall use the funds received under the grant to—
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;
provide or enhance services for victims of elder abuse;
establish or support multidisciplinary collaborative community responses to victims of elder abuse; and
conduct cross-training for law enforcement agencies, prosecutors, agencies of States or units of local government, attorneys, health care providers, population specific organizations, faith-based advocates, victim service providers, and courts to better serve victims of elder abuse.
Permissible activities
An eligible entity receiving a grant under this section may use not more than 10 percent of the funds received under the grant to—
provide training programs to assist attorneys, health care providers, faith-based leaders, or other community-based organizations in recognizing and addressing instances of elder abuse; or
conduct outreach activities and awareness campaigns to ensure that victims of elder abuse receive appropriate assistance.
Underserved populations
In making grants under this section, the Attorney General shall give priority to proposals providing culturally specific or population specific services.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $9,000,000 for each of fiscal years 2013 through 2017.
.
Services, protection, and justice for young victims of violence
Rape prevention and education grant
Section 393A of the Public Health Service Act (42 U.S.C. 280b–1b) is amended—
in subsection (a)—
in the matter
preceding paragraph (1), by inserting , territorial, or tribal
after crisis centers, State
; and
in paragraph (6),
by inserting and alcohol
after about
drugs
;
in subsection
(c)(1), by striking $80,000,000 for each of fiscal years 2007 through
2011
and inserting $50,000,000 for each of fiscal years 2013
through 2017
; and
in subsection (c), by adding at the end the following new paragraph:
Funding formula
Amounts provided under this section shall be allotted to each State, territory, and the District of Columbia based on population. If the amounts appropriated under paragraph (1) exceed $48,000,000 in any fiscal year, a minimum allocation of $150,000 shall be awarded to each State and territory and the District of Columbia. Any remaining funds shall be allotted to each State and territory and the District of Columbia based on population.
.
Creating hope through outreach, options, services, and education for children and youth
In general
Subtitle L of the Violence Against Women Act of 1994 (42 U.S.C. 14043c et seq.) is amended by striking sections 41201 through 41204 and inserting the following:
Creating hope through outreach, options, services, and education for children and youth (CHOOSE Children and Youth)
Grants authorized
The Attorney General, working in collaboration with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to enhance the safety of youth and children who are victims of, or exposed to, domestic violence, dating violence, sexual assault, or stalking and to prevent future violence.
Program purposes
Funds provided under this section may be used for the following program purpose areas:
Services to advocate for and respond to youth
To develop, expand, and strengthen victim interventions and services that target youth who are victims of domestic violence, dating violence, sexual assault, and stalking. Services may include victim services, counseling, advocacy, mentoring, educational support, transportation, legal assistance in civil, criminal and administrative matters, such as family law cases, housing cases, child welfare proceedings, campus administrative proceedings, and civil protection order proceedings, services to address sex trafficking, population specific services, and other activities that support youth in finding safety, stability, and justice and in addressing the emotional, cognitive, and physical effects of trauma on youth. Funds may be used to—
assess and analyze available services for youth victims of domestic violence, dating violence, sexual assault, and stalking, determining relevant barriers to such services in a particular locality, and developing a community protocol to address such problems collaboratively;
develop and implement policies, practices, and procedures to effectively respond to domestic violence, dating violence, sexual assault, or stalking against youth; or
provide technical assistance and training to enhance the ability of school personnel, victim service providers, child protective service workers, staff of law enforcement agencies, prosecutors, court personnel, individuals who work in after school programs, medical personnel, social workers, mental health personnel, and workers in other programs that serve children and youth to improve their ability to appropriately respond to the needs of children and youth who are victims of domestic violence, dating violence, sexual assault, and stalking, as well as homeless youth, and to properly refer such children, youth, and their families to appropriate services.
Supporting youth through education and protection
To enable secondary or elementary schools that serve students in any of grades five through twelve and institutions of higher education to—
provide training to school personnel, including health care providers and security personnel, on the needs of students who are victims of domestic violence, dating violence, sexual assault, or stalking;
develop and implement age-appropriate prevention and intervention policies in accordance with State law in secondary or elementary schools that serve students in any of grades five through twelve, including appropriate responses to, and identification and referral procedures for, students who are experiencing or perpetrating domestic violence, dating violence, sexual assault, or stalking, and procedures for handling the requirements of court protective orders issued to or against students;
provide support services for student victims of domestic violence, dating violence, sexual assault, or stalking, such as a resource person who is either on-site or on-call;
provide evidence-based educational programs for students regarding domestic violence, dating violence, sexual assault, and stalking; or
develop strategies to increase identification, support, referrals, and prevention programs for youth who are at high risk of domestic violence, dating violence, sexual assault, or stalking.
Eligible applicants
In general
To be eligible to receive a grant under this section, an entity shall be—
a victim service provider, tribal nonprofit organization, population specific organization, or community-based organization with a demonstrated history of effective work addressing the needs of youth, including runaway or homeless youth, who are victims of domestic violence, dating violence, sexual assault, or stalking; or
a victim service provider that is partnered with an entity that has a demonstrated history of effective work addressing the needs of youth.
Partnerships
Education
To be eligible to receive a grant for the purposes described in subsection (b)(2), an entity described in paragraph (1) shall be partnered with an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965), charter school (as defined in section 5210 of such Act), a school that is operated or supported by the Bureau of Indian Education, or a legally operating private school, a school administered by the Department of Defense under section 2164 of title 10, United States Code, or section 1402 of the Defense Dependents’ Education Act of 1978, a group of such schools, a local educational agency (as defined in section 9101(26) of the Elementary and Secondary Education Act of 1965), or an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965).
Other partnerships
All applicants under this section are encouraged to work in partnership with organizations and agencies that work with the relevant youth population. Such entities may include—
a State, tribe, unit of local government, or territory;
a population specific or community-based organization;
batterer intervention programs or sex offender treatment programs with specialized knowledge and experience working with youth offenders; or
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.
Grantee requirements
Applicants for grants under this section shall establish and implement policies, practices, and procedures that—
require and include appropriate referral systems for child and youth victims;
protect the confidentiality and privacy of child and youth victim information, particularly in the context of parental or third-party involvement and consent, mandatory reporting duties, and working with other service providers with priority on victim safety and autonomy;
ensure that all individuals providing intervention or prevention programs to children or youth through a program funded under this section have completed, or will complete, sufficient training in connection with domestic violence, dating violence, sexual assault, and stalking; and
ensure that parents are informed of the programs funded under this program that are being offered at their child’s school.
Priority
The Attorney General shall prioritize grant applications under this section that coordinate with prevention programs in the community.
Definitions and grant conditions
In this section, the definitions and grant conditions provided for in section 40002 shall apply.
Authorization of appropriations
There is authorized to be appropriated to carry out this section, $15,000,000 for each of the fiscal years 2013 through 2017.
Allotment
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).
Indian tribes
Not less than 10 percent of the total amount appropriated under this section for each fiscal year shall be made available for grants under the program authorized by section 2015 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–10).
.
VAWA grant requirements
Section 40002(b) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)), as amended by section 3(b)(4), is further amended by adding at the end the following:
Requirement for evidence-based programs
Any educational programming, training, or public awareness communications regarding domestic violence, dating violence, sexual assault, or stalking that are funded under this title must be evidence-based.
.
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—
in subsection (a)—
in paragraph (1)—
by
striking and
after stalking on campuses,
;
by striking
crimes against women on
and inserting crimes on
;
and
by
inserting , and to develop and strengthen prevention education and
awareness programs
before the period; and
in paragraph (2),
by striking $500,000
and inserting
$300,000
;
in subsection (b)—
in paragraph (2)—
by
inserting , strengthen,
after To develop
;
and
by
striking assault and stalking,
and inserting assault, and
stalking, including the use of technology to commit these
crimes,
;
in paragraph (4)—
by
inserting and population specific services
after
strengthen victim services programs
;
by
striking entities carrying out
and all that follows through
stalking victim services programs
and inserting victim
service providers
; and
by
inserting , regardless of whether the services provided by such program
are provided by the institution or in coordination with community victim
service providers
before the period at the end; and
by adding at the end the following:
To provide evidence-based educational programming for students regarding domestic violence, dating violence, sexual assault, and stalking.
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.
;
in subsection (c)—
in paragraph (2)—
in subparagraph (B), by striking any
non-profit
and all that follows through the first occurrence of
victim services programs
and inserting victim service
providers
;
by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and
by inserting after subparagraph (C), the following:
describe how underserved populations in the campus community will be adequately served, including the provision of relevant population specific services;
; and
in paragraph (3),
by striking 2007 through 2011
and inserting 2013 through
2017
;
in subsection (d)—
by striking paragraph (3); and
by inserting after paragraph (2), the following:
Grantee minimum requirements
Each grantee shall comply with the following minimum requirements during the grant period:
The grantee shall create a coordinated community response including both organizations external to the institution and relevant divisions of the institution.
The grantee shall establish a mandatory prevention and education program on domestic violence, dating violence, sexual assault, and stalking for all incoming students.
The grantee shall train all campus law enforcement to respond effectively to domestic violence, dating violence, sexual assault, and stalking.
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
in subsection (e),
by striking $12,000,000
and all that follows through the period
and inserting $12,000,000 for each of the fiscal years 2013 through
2017.
.
National Center for Campus Public Safety
Establishment
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following new part:
National Center for Campus Public Safety
National Center for Campus Public Safety
Authority to establish and operate Center
In general
The Director of the
Office of Community Oriented Policing Services is authorized to establish and
operate a National Center for Campus Public Safety (referred to in this section
as the Center
).
Grant authority
The Director of the Office of Community Oriented Policing Services is authorized to award grants to institutions of higher education and other nonprofit organizations to assist in carrying out the functions of the Center required under subsection (b).
Functions of the center
The center shall—
provide quality education and training for campus public safety agencies of institutions of higher education and the agencies’ collaborative partners, including campus mental health agencies;
foster quality research to strengthen the safety and security of institutions of higher education;
serve as a clearinghouse for the identification and dissemination of information, policies, procedures, and best practices relevant to campus public safety, including off-campus housing safety, the prevention of violence against persons and property, and emergency response and evacuation procedures;
develop protocols, in conjunction with the Attorney General, the Secretary of Homeland Security, the Secretary of Education, State, local, and tribal governments and law enforcement agencies, private and nonprofit organizations and associations, and other stakeholders, to prevent, protect against, respond to, and recover from, natural and man-made emergencies or dangerous situations involving an immediate threat to the health or safety of the campus community;
promote the development and dissemination of effective behavioral threat assessment and management models to prevent campus violence;
coordinate campus safety information (including ways to increase off-campus housing safety) and resources available from the Department of Justice, the Department of Homeland Security, the Department of Education, State, local, and tribal governments and law enforcement agencies, and private and nonprofit organizations and associations;
increase cooperation, collaboration, and consistency in prevention, response, and problem-solving methods among law enforcement, mental health, and other agencies and jurisdictions serving institutions of higher education;
develop standardized formats and models for mutual aid agreements and memoranda of understanding between campus security agencies and other public safety organizations and mental health agencies; and
report annually to Congress and the Attorney General on activities performed by the Center during the previous 12 months.
Coordination with available resources
In establishing the Center, the Director of the Office of Community Oriented Policing Services shall—
consult with the Secretary of Homeland Security, the Secretary of Education, and the Attorney General of each State; and
coordinate the establishment and operation of the Center with campus public safety resources that may be available within the Department of Homeland Security and the Department of Education.
Definition of institution of higher education
In this section, the term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
.
Justice program consolidations
Effective 30 days after the date of enactment of this section, the Office of Dispute Resolution of the Department of Justice and the jurisdiction and employees of such office shall be—
transferred to the Office of Legal Policy of the Department of Justice; and
funded through the general administration appropriation of the Office of Legal Policy.
Violence reduction practices
Study conducted by the centers for disease control and prevention
Section 402(c) of the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 280b–4(c)) is amended
by striking $2,000,000 for each of the fiscal years 2007 through
2011
and inserting $1,000,000 for each of the fiscal years 2013
through 2017
.
Saving money and reducing tragedies through prevention grants
SMART prevention
Section 41303 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d–2) is amended to read as follows:
Saving Money and Reducing Tragedies Through Prevention (SMART prevention)
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.
Use of funds
Funds provided under this section may be used for the following purposes:
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—
evidence-based age education on domestic violence, dating violence, sexual assault, stalking, and sexual coercion, as well as healthy relationship skills, in school, in the community, or in health care settings;
community-based collaboration and training for those with influence on youth, such as parents, teachers, coaches, health care providers, faith-leaders, older teens, and mentors;
education and outreach to change environmental factors contributing to domestic violence, dating violence, sexual assault, and stalking; and
policy development targeted to prevention, including school-based policies and protocols.
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—
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
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.
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.
Eligible entities
To be eligible to receive a grant under this section, an entity shall be—
a victim service provider, community-based organization, tribe or tribal organization, or other nonprofit, nongovernmental organization that has a history of effective work preventing domestic violence, dating violence, sexual assault, or stalking and expertise in the specific area for which they are applying for funds; or
a partnership between a victim service provider, community-based organization, tribe or tribal organization, or other nonprofit, nongovernmental organization that has a history of effective work preventing domestic violence, dating violence, sexual assault, or stalking and at least one of the following that has expertise in serving children exposed to domestic violence, dating violence, sexual assault, or stalking, youth domestic violence, dating violence, sexual assault, or stalking prevention, or engaging men to prevent domestic violence, dating violence, sexual assault, or stalking:
A 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.
A local community-based organization, population-specific organization, or faith-based organization that has established expertise in providing services to youth.
A community-based organization, population-specific organization, university or health care clinic, faith-based organization, or other nonprofit, nongovernmental organization.
A nonprofit, nongovernmental entity providing services for runaway or homeless youth affected by domestic violence, dating violence, sexual assault, or stalking.
Health care entities eligible for reimbursement under title XVIII of the Social Security Act, including providers that target the special needs of children and youth.
Any other agencies, population-specific organizations, or nonprofit, nongovernmental organizations with the capacity to provide necessary expertise to meet the goals of the program.
Grantee requirements
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.
Policies and procedures
Applicants under this section shall establish and implement policies, practices, and procedures that are consistent with the best practices developed under section 402 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 280b–4) and—
include appropriate referral systems to direct any victim identified during program activities to highly qualified follow-up care;
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;
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
document how prevention programs are coordinated with service programs in the community.
Preference
In selecting grant recipients under this section, the Attorney General shall give preference to applicants that—
include outcome-based evaluation; and
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.
Definitions and grant conditions
In this section, the definitions and grant conditions provided for in section 40002 shall apply.
Authorization of appropriations
There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2013 through 2017.
Allotment
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).
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.
.
Repeals
The following provisions are repealed:
Sections 41304 and 41305 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d–3 and 14043d–4).
Section 403 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045c).
Strengthening the health care system’s response to domestic violence, dating violence, sexual assault, and stalking
Consolidation of grants to strengthen the health care system’s response to domestic violence, dating violence, sexual assault, and stalking
Grants
Section 399P of the Public Health Service Act (42 U.S.C. 280g–4) is amended to read as follows:
Grants to strengthen the health care system’s response to domestic violence, dating violence, sexual assault, and stalking
In general
The Secretary shall award grants for—
the development or enhancement and implementation of interdisciplinary training for health professionals, public health staff, and allied health professionals;
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
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.
Use of funds
Required uses
Amounts provided under a grant under this section shall be used to—
fund interdisciplinary training and education programs under paragraphs (1) and (2) of subsection (a) that—
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
plan and develop clinical training components for integration into approved internship, residency, and fellowship training or continuing medical or other health education training that address physical, mental, and behavioral health issues, including protective factors, related to domestic violence, dating violence, sexual assault, stalking, and other forms of violence and abuse, focus on reducing health disparities and preventing violence and abuse, and include the primacy of victim safety and confidentiality; and
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—
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;
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;
the development of measures and methods for the evaluation of the practice of identification, intervention, and documentation regarding victims of domestic violence, dating violence, sexual assault, and stalking, including the development and testing of quality improvement measurements; and
the provision of training and followup technical assistance to health care professionals, and public health staff, and allied health professionals to identify, assess, treat, and refer clients who are victims of domestic violence, dating violence, sexual assault, or stalking, including using tools and training materials already developed.
Permissible uses
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.
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.
Other uses
Grants funded under subsection (a)(3) may be used for—
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;
the development, expansion, and implementation of sexual assault forensic medical examination or sexual assault nurse examiner programs;
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
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.
Requirements for grantees
Confidentiality and safety
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.
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.
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.
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.
Application
Subsection (a) (1) and (2) grantees
An entity desiring a grant under paragraph (1) or (2) of subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including—
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—
an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or other health field;
a health care facility or system; or
a government or nonprofit entity with a history of effective work in the fields of domestic violence, dating violence, sexual assault, or stalking; and
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.
Subsection (a)(3) grantees
An entity desiring a grant under subsection (a)(3) shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including—
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;
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;
a plan for consulting with State and tribal domestic violence or sexual assault coalitions, national nonprofit victim advocacy organizations, State or tribal law enforcement task forces (where appropriate), and population-specific organizations with demonstrated expertise in addressing domestic violence, dating violence, sexual assault, or stalking;
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
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.
Eligible entities
In general
To be eligible to receive funding under paragraph (1) or (2) of subsection (a), an entity shall be—
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;
an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or allied health;
a health care provider membership or professional organization, or a health care system; or
a State, tribal, territorial, or local entity.
Subsection (a)(3) grantees
To be eligible to receive funding under subsection (a)(3), an entity shall be—
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
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.
Technical assistance
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.
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.
Reporting
The Secretary shall publish a biennial report on—
the distribution of funds under this section; and
the programs and activities supported by such funds.
Research and evaluation
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—
grants awarded under this section; and
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.
Research
Research authorized in paragraph (1) may include—
research on the effects of domestic violence, dating violence, sexual assault, and childhood exposure to domestic violence, dating violence, or sexual assault on health behaviors, health conditions, and health status of individuals, families, and populations, including underserved populations;
research to determine effective health care interventions to respond to and prevent domestic violence, dating violence, sexual assault, and stalking;
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
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.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2013 through 2017.
Definitions
Except as otherwise provided in this section, the definitions in section 40002 of the Violence Against Women Act of 1994 apply to this section.
.
Repeals
The following provisions are repealed:
Chapter 11 of subtitle B of the Violence Against Women Act of 1994 (relating to research on effective interventions to address violence; 42 U.S.C. 13973; as added by section 505 of Public Law 109–162 (119 Stat. 3028)).
Section 758 of the Public Health Service Act (42 U.S.C. 294h).
Safe homes for victims of domestic violence, dating violence, sexual assault, and stalking
Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking
Amendment
Subtitle N of the Violence Against Women Act of 1994 (42 U.S.C. 14043e et seq.) is amended—
by inserting after the subtitle heading the following:
Grant programs
;
in section 41402
(42 U.S.C.
14043e–1), in the matter preceding paragraph (1), by striking
subtitle
and inserting chapter
;
in section 41403
(42 U.S.C.
14043e–2), in the matter preceding paragraph (1), by striking
subtitle
and inserting chapter
; and
by adding at the end the following:
Housing rights
Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking
Definitions
In this chapter:
Affiliated individual
The term affiliated individual means, with respect to an individual—
a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis; or
any individual, tenant, or lawful occupant living in the household of that individual.
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.
Covered housing program
The term covered housing program means—
the program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);
the program under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013);
the program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.);
each of the programs under title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.);
the program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.);
the program under paragraph (3) of section 221(d) of the National Housing Act (12 U.S.C. 1715l(d)) for insurance of mortgages that bear interest at a rate determined under the proviso under paragraph (5) of such section 221(d);
the program under section 236 of the National Housing Act (12 U.S.C. 1715z–1);
the programs under sections 6 and 8 of the United States Housing Act of 1937 (42 U.S.C. 1437d and 1437f);
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
the low-income housing tax credit program under section 42 of the Internal Revenue Code of 1986.
Prohibited basis for denial or termination of assistance or eviction
In general
An applicant for or tenant of housing assisted under a covered housing program may not be denied admission to, denied assistance under, terminated from participation in, or evicted from the housing program or housing on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.
Construction of lease terms
An incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking shall not be construed as—
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
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.
Termination on the basis of criminal activity
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.
Bifurcation
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.
Effect of eviction on other tenants
If a public housing agency or owner or manager of housing assisted under a covered housing program evicts, removes, or terminates assistance to an individual under clause (i), and the individual is the sole tenant eligible to receive assistance under a covered housing program, the public housing agency or owner or manager of housing assisted under the covered housing program shall provide any remaining tenant an opportunity to establish eligibility for the covered housing program. If a tenant described in the preceding sentence cannot establish eligibility, the public housing agency or owner or manager of the housing shall provide the tenant a reasonable time, as determined by the appropriate agency, to find new housing or to establish eligibility for housing under another covered housing program.
Rules of construction
Nothing in subparagraph (A) shall be construed—
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—
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
the distribution or possession of property among members of a household in a case;
to limit any otherwise available authority of a public housing agency or owner or manager of housing assisted under a covered housing program to evict or terminate assistance to a tenant for any violation of a lease not premised on the act of violence in question against the tenant or an affiliated person of the tenant, if the public housing agency or owner or manager does not subject an individual who is or has been a victim of domestic violence, dating violence, sexual assault, or stalking to a more demanding standard than other tenants in determining whether to evict or terminate;
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
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.
Documentation
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).
Failure to provide certification
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—
deny admission by the applicant or tenant to the covered program;
deny assistance under the covered program to the applicant or tenant;
terminate the participation of the applicant or tenant in the covered program; or
evict the applicant, the tenant, or a lawful occupant that commits violations of a lease.
Extension
A public housing agency or owner or manager of housing may extend the 14-day deadline under subparagraph (A) at its discretion.
Form of documentation
A form of documentation described in this paragraph is—
a certification form approved by the appropriate agency that—
states that an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking;
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
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;
a document that—
is signed by—
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
the applicant or tenant; and
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);
a record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency; or
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.
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—
requested or consented to by the individual in writing;
required for use in an eviction proceeding under subsection (b); or
otherwise required by applicable law.
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.
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).
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).
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.
Notification
Development
The Secretary of Housing and Urban Development shall develop a notice of the rights of individuals under this section, including the right to confidentiality and the limits thereof, and include such notice in documents required by law to be provided to tenants assisted under a covered housing program.
Provision
The applicable public housing agency or owner or manager of housing assisted under a covered housing program shall provide the notice developed under paragraph (1) to an applicant for or tenant of housing assisted under a covered housing program—
at the time the applicant is denied residency in a dwelling unit assisted under the covered housing program;
at the time the individual is admitted to a dwelling unit assisted under the covered housing program; and
in multiple languages, consistent with guidance issued by the Secretary of Housing and Urban Development in accordance with Executive Order No. 13166 (42 U.S.C. 2000d–1 note; relating to access to services for persons with limited English proficiency).
Emergency Relocation and Transfers
Each appropriate agency shall develop a model emergency relocation and transfer plan for voluntary use by public housing agencies and owners or managers of housing assisted under a covered housing program that—
allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to relocate or transfer to another available and safe dwelling unit assisted under a covered housing program and retain their status as tenants under the covered housing program if—
the tenant expressly requests to move;
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
the sexual assault, domestic violence, dating violence, or stalking occurred on the premises during the 90-day period preceding the request to move; and
the tenant has provided documentation as described in subparagraph (A), (B), (C) or (D) of subsection (c)(3) if requested by a public housing agency or owner or manager;
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;
describes how the appropriate agency will coordinate relocations or transfers between dwelling units assisted under a covered housing program;
takes into consideration the existing rules and regulations of the covered housing program;
is tailored to the specific type of the covered housing program based on the volume and availability of dwelling units under the control or management of the public housing agency, owner, or manager; and
provides guidance for use in situations in which it is not feasible for an individual public housing agency, owner, or manager to effectuate a transfer.
Policies and procedures for emergency transfer
The Secretary of Housing and Urban Development shall establish policies and procedures under which a victim requesting an emergency transfer under subsection (e) may receive, subject to the availability of tenant protection vouchers for assistance under section 8(o)(16) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(16)), assistance under such section.
Implementation
The appropriate agency with respect to each covered housing program shall implement this section, as this section applies to the covered housing program.
.
Conforming amendments
Section 6
Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is amended—
in subsection (c)—
by striking paragraph (3); and
by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively;
in subsection (l)—
in
paragraph (5), by striking , and that an incident
and all that
follows through victim of such violence
; and
in
paragraph (6), by striking ; except that
and all that follows
through stalking.
; and
by striking subsection (u).
Section 8
Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended—
in subsection (c), by striking paragraph (9);
in subsection (d)(1)—
in
subparagraph (A), by striking and that an applicant
and all that
follows through assistance or admission
; and
in subparagraph (B)—
in clause (ii), by
striking , and that an incident
and all that follows through
victim of such violence
; and
in clause (iii),
by striking , except that:
and all that follows through
stalking.
;
in subsection (f)—
in
paragraph (6), by adding and
at the end;
in paragraph (7), by striking the semicolon at the end and inserting a period; and
by striking paragraphs (8), (9), (10), and (11);
in subsection (o)—
in paragraph (6)(B), by striking the last sentence;
in paragraph (7)—
in subparagraph
(C), by striking and that an incident
and all that follows
through victim of such violence
; and
in subparagraph
(D), by striking ; except that
and all that follows through
stalking.
; and
by striking paragraph (20); and
by striking subsection (ee).
Rule of construction
Nothing in this Act, or the amendments made by this Act, shall be construed—
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;
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—
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
provides greater protection for victims of domestic violence, dating violence, sexual assault, and stalking than this Act or the amendments made by this Act; or
to disqualify an owner, manager, or other individual from participating in or receiving the benefits of the low-income housing tax credit program under section 42 of the Internal Revenue Code of 1986 because of noncompliance with the provisions of this Act or the amendments made by this Act.
Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, and stalking
Chapter 11 of subtitle B of the Violence Against Women Act of 1994 (42 U.S.C. 13975; as added by section 611 of Public Law 108–21 (117 Stat. 693)) is amended—
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
in section 40299 (42 U.S.C. 13975)—
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
;
in subsection
(a)(1), by striking fleeing
;
by striking subsection (f); and
in subsection (g)—
in
paragraph (1), by striking $40,000,000 for each of the fiscal years 2007
through 2011
and inserting $35,000,000 for each of fiscal years
2013 through 2017
; and
in paragraph (3)—
in subparagraph
(A), by striking eligible
and inserting
qualified
; and
by adding at the end the following:
Qualified application defined
In this paragraph, the term qualified application means an application that—
has been submitted by an eligible applicant;
does not propose any significant activities that may compromise victim safety;
reflects an understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking; and
does not propose prohibited activities, including mandatory services for victims, background checks of victims, or clinical evaluations to determine eligibility for services.
.
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—
in section 41404(i) (42 U.S.C.
14043e–3(i)), by striking $10,000,000 for each of fiscal
years 2007 through 2011
and inserting $4,000,000 for each of
fiscal years 2013 through 2017
; and
in section
41405(g) (42
U.S.C. 14043e–4(g)), by striking $10,000,000 for each of
fiscal years 2007 through 2011
and inserting $4,000,000 for each
of fiscal years 2013 through 2017
.
Economic security for victims of violence
National Resource Center on Workplace Responses to assist victims of domestic and sexual violence
Section
41501(e) of the Violence Against Women Act of 1994 (42 U.S.C.
14043f(e)) is amended by striking fiscal years 2007
through 2011
and inserting fiscal years 2013 through
2017
.
Immigration provisions
Fraud prevention initiatives
Credible evidence considered
Section 240A(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1229b) is amended by striking subparagraph (D) and inserting the following:
Credible evidence considered
In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application, including credible evidence submitted by a national of the United States or an alien lawfully admitted for permanent residence accused of the conduct described in subparagraph (A)(i) so long as this evidence is not gathered in violation of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
.
Application of special rule for battered spouse, parent, or child
Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended—
in subparagraph (A)(iii), by inserting after subclause (II) the following:
Upon filing, each petition under this clause shall be assigned to an investigative officer for adjudication and final determination of eligibility.
During the adjudication of each petition under this paragraph, an investigative officer from a local office of United States Citizenship and Immigration Services shall conduct an in-person interview of the alien who filed the petition. The investigative officer may also gather other evidence so long as this evidence is not gathered in violation of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The investigative officer who conducted the in-person interview shall provide to the investigative officer who is responsible for the adjudication and final determination of eligibility a summary of the interview and any other evidence gathered and a determination of the credibility of the interviewee and other evidence gathered.
All interviews under this clause shall be conducted under oath and subject to applicable penalties for perjury.
The investigative officer who is responsible for the adjudication and final determination of eligibility shall determine whether the petitioner had filed previous applications or petitions for immigration benefits that had been denied and whether the petitioner had been the beneficiary of a previous petition filed pursuant to this section that had been denied. If either was the case, the investigative officer shall consider the denials and the reasons for the denials as part of the adjudication of the petition.
The investigative officer who is responsible for the adjudication and final determination of eligibility shall as part of the adjudication of the petition consult with the investigative officer at the local office of United States Citizenship and Immigration Services who had conducted the in-person interview of the alien who filed the petition.
Upon the conclusion of the adjudication process under this subparagraph, the investigative officer who is responsible for the adjudication and final determination of eligibility shall issue a final written determination to approve or deny the petition. The investigative officer shall not approve the petition unless the officer finds, in writing and with particularity, that all requirements under this paragraph, including proof that the alien is a victim of the conduct described in clause (iii)(I)(bb), have been proven by a preponderance of the evidence.
During the adjudication of a petition under this clause—
the petition shall not be granted unless the petition is supported by a preponderance of the evidence; and
all credible evidence submitted by an accused national of the United States or alien lawfully admitted for permanent residence shall be considered so long as this evidence was not gathered in violation of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
During the adjudication of a petition under this paragraph, the investigative officer who is responsible for the adjudication and final determination of eligibility shall determine whether any Federal, State, territorial, tribal, or local law enforcement agency has undertaken an investigation or prosecution of the abusive conduct alleged by the petitioning alien.
If an investigation or prosecution was commenced, the investigative officer shall—
obtain as much information as possible about the investigation or prosecution; and
consider that information as part of the adjudication of the petition.
If an investigation or prosecution is pending, the adjudication of the petition shall be stayed pending the conclusion of the investigation or prosecution. If no investigation has been undertaken or if a prosecutor’s office has not commenced a prosecution after the matter was referred to it, that fact shall be considered by the investigative officer as part of the adjudication of the petition.
If a petition filed under this paragraph is denied, any obligations under an underlying affidavit of support previously filed by the accused national of the United States or alien lawfully admitted for permanent residence shall be terminated.
;
in subparagraph (A)(iv), by adding at the
end the following: The petition shall be adjudicated according to the
procedures that apply to self-petitioners under clause (iii).
;
in subparagraph (A)(vii), by adding at the end the following continuation text:
The petition shall be adjudicated according to the procedures that apply to self-petitioners under clause (iii).
.
in subparagraph (B)(ii), by inserting after subclause (II) the following:
Upon filing, each petition under this clause shall be assigned to an investigative officer for adjudication and final determination of eligibility.
During the adjudication of each petition under this paragraph, an investigative officer from a local office of United States Citizenship and Immigration Services shall conduct an in-person interview of the alien who filed the petition. The investigative officer may also gather other evidence so long as this evidence is not gathered in violation of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The investigative officer who conducted the in-person interview shall provide to the investigative officer who is responsible for the adjudication and final determination of eligibility a summary of the interview and any other evidence gathered and a determination of the credibility of the interviewee and other evidence gathered.
All interviews under this clause shall be conducted under oath and subject to applicable penalties for perjury.
The investigative officer who is responsible for the adjudication and final determination of eligibility shall determine whether the petitioner had filed previous applications or petitions for immigration benefits that had been denied and whether the petitioner had been the beneficiary of a previous petition filed pursuant to this section that had been denied. If either was the case, the investigative officer shall consider the denials and the reasons for the denials as part of the adjudication of the petition.
The investigative officer who is responsible for the adjudication and final determination of eligibility shall as part of the adjudication of the petition consult with the investigative officer at the local office of United States Citizenship and Immigration Services who had conducted the in-person interview of the alien who filed the petition.
Upon the conclusion of the adjudication process under this subparagraph, the investigative officer who is responsible for the adjudication and final determination of eligibility shall issue a final written determination to approve or deny the petition. The investigative officer shall not approve the petition unless the officer finds, in writing and with particularity, that all requirements under this paragraph, including proof that the alien is a victim of the conduct described in clause (ii)(I)(bb), have been proven by a preponderance of the evidence.
During the adjudication of a petition under this clause—
the petition shall not be granted unless the petition is supported by a preponderance of the evidence; and
all credible evidence submitted by an accused national of the United States or alien lawfully admitted for permanent residence shall be considered so long as this evidence was not gathered in violation of section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
During the adjudication of a petition under this clause, the investigative officer who is responsible for the adjudication and final determination of eligibility shall determine whether any Federal, State, territorial, tribal, or local law enforcement agency has undertaken an investigation or prosecution of the abusive conduct alleged by the petitioning alien.
If an investigation or prosecution was commenced, the investigative officer shall—
obtain as much information as possible about the investigation or prosecution; and
consider that information as part of the adjudication of the petition.
If an investigation or prosecution is pending, the adjudication of the petition shall be stayed pending the conclusion of the investigation or prosecution. If no investigation has been undertaken or if a prosecutor’s office has not commenced a prosecution after the matter was referred to it, that fact shall be considered by the investigative officer as part of the adjudication of the petition.
If a petition filed under this clause is denied, any obligations under an underlying affidavit of support previously filed by the accused national of the United States or alien lawfully admitted for permanent residence shall be terminated.
; and
in subparagraph
(B)(iii), by adding at the end the following: The petition shall be
adjudicated according to the procedures that apply to self-petitioners under
clause (ii).
.
Clarification of the requirements applicable to U visas
Section 214(p)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(p)(1)) is amended as follows:
By striking The petition
and
inserting the following:
In general
The petition
.
By adding at the end the following:
Certification requirements
Each certification submitted under subparagraph (A) shall confirm under oath that—
the criminal activity is actively under investigation or a prosecution has been commenced; and
the petitioner has provided to law enforcement information that will assist in identifying the perpetrator of the criminal activity or the perpetrator’s identity is known.
Requirement for certification
No application for a visa under section 101(a)(15)(U) may be granted unless accompanied by the certification as described in this paragraph.
.
Protections for a fiancée or fiancé of a citizen
In general
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended—
in subsection (d)—
in paragraph (1),
by striking crime.
and inserting crime described in
paragraph (3)(B) and information on any permanent protection or restraining
order issued against the petitioner related to any specified crime described in
paragraph (3)(B)(i).
; and
in paragraph
(3)(B)(i), by striking abuse, and stalking.
and inserting
abuse, stalking, or an attempt to commit any such crime.
;
and
in subsection (r)—
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
in paragraph
(5)(B)(i), by striking abuse, and stalking.
and inserting
abuse, stalking, or an attempt to commit any such crime.
.
Provision of information to K nonimmigrants
Section 833 of the International
Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a) is amended in
subsection (b)(1)(A), by striking or
after orders
and inserting and
.
Regulation of international marriage brokers
Implementation of the international marriage broker Act of 2005
Not later than 90 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report that includes the name of the component of the Department of Justice responsible for prosecuting violations of the International Marriage Broker Act of 2005 (subtitle D of Public Law 109–162; 119 Stat. 3066) and the amendments made by this title.
Regulation of international marriage brokers
Section 833(d) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(d)) is amended as follows:
By amending paragraph (1) to read as follows:
Prohibition on marketing of or to children
In general
An international marriage broker shall not provide any individual or entity with personal contact information, photograph, or general information about the background or interests of any individual under the age of 18.
Compliance
To comply with the requirements of subparagraph (A), an international marriage broker shall—
obtain a valid copy of each foreign national client’s birth certificate or other proof of age document issued by an appropriate government entity;
indicate on such certificate or document the date it was received by the international marriage broker;
retain the original of such certificate or document for 5 years after such date of receipt; and
produce such certificate or document upon request to an appropriate authority charged with the enforcement of this paragraph.
.
In paragraph
(2)(B)(ii), by striking or stalking.
and inserting
stalking, or an attempt to commit any such crime.
.
GAO report
Requirement for report
Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding the adjudication of petitions and applications under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) and the self-petitioning process for VAWA self-petitioners (as that term is defined in section 101(a)(51) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(51)).
Contents
The report required by subsection (a) shall—
assess the efficiency and reliability of the process for reviewing such petitions and applications, including whether the process includes adequate safeguards against fraud and abuse; and
identify possible improvements to the adjudications of petitions and applications in order to reduce fraud and abuse.
Temporary Nature of U Visa Status
In general
Section 245(m) of the Immigration and Nationality Act
(8 U.S.C.
1255(m)) is amended by striking the alien is not
described
and inserting the individual who was convicted of the
criminal activity referred to in section 101(a)(15)(U)(i)(I) that was the basis
for the alien being admitted into the United States (or otherwise provided
nonimmigrant status) under section 101(a)(15)(U) was himself or herself an
alien and has been physically removed to the foreign state of which the alien
with nonimmigrant status under section 101(a)(15)(U) is a national, and if the
alien with nonimmigrant status under section 101(a)(15)(U) is not
described
.
Duration of nonimmigrant status
Section
214(p)(6) of such Act (8 U.S.C. 1184(p)(6)) is amended by
striking if the alien is eligible for relief under section 245(m) and is
unable to obtain such relief because regulations have not been issued to
implement such section and shall be extended
.
Effective date
The amendments made by this section shall apply to applications for adjustment of status submitted on or after the date of the enactment of this Act, and to previously filed applications that are pending on the date of enactment of this Act.
Annual report on immigration applications made by victims of abuse
Not later than December 1, 2012, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes the following:
The number of aliens who—
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;
were granted such nonimmigrant status during such fiscal year; or
were denied such nonimmigrant status during such fiscal year.
The mean amount of time and median amount of time to adjudicate an application for such nonimmigrant status during such fiscal year.
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.
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.
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).
The actions being taken to combat fraud and to ensure program integrity.
Each type of criminal activity by reason of which an alien received nonimmigrant status under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) during the preceding fiscal year and the number of occurrences of that criminal activity that resulted in such aliens receiving such status.
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—
in subparagraph
(E), by striking or
at the end;
by redesignating subparagraph (F) as subparagraph (G); and
by inserting after subparagraph (E) the following:
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
.
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:
Special rule for qualified alien victims
Subparagraphs (A), (B), and (C) shall not apply to an alien who—
is a VAWA self-petitioner;
is an applicant for, or is granted, nonimmigrant status under section 101(a)(15)(U); or
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)).
.
Age-Out Protection for U Visa Applicants
Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended by adding at the end the following:
Age determinations
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.
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.
.
Hardship waivers
Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)) is amended—
in subparagraph (A), by striking the comma at the end and inserting a semicolon;
in subparagraph
(B), by striking (1), or
and inserting (1);
or
;
in subparagraph
(C), by striking the period at the end and inserting a semicolon and
or
; and
by inserting after subparagraph (C) the following:
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).
.
Disclosure of Information for National Security Purpose
Information sharing
Section 384(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(b)) is amended—
in paragraph (1)—
by inserting
Secretary of Homeland Security or the
before Attorney
General may
; and
by inserting
Secretary’s or the
before Attorney General’s
discretion
;
in paragraph (2)—
by inserting
Secretary of Homeland Security or the
before Attorney
General may
;
by inserting
Secretary or the
before Attorney General for
;
and
by inserting
in a manner that protects the confidentiality of such
information
after law enforcement purpose
;
in paragraph (5),
by striking Attorney General is
and inserting Secretary
of Homeland Security and the Attorney General are
; and
by adding at the end a new paragraph as follows:
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.
.
Guidelines
Subsection (d) (as added by section 817(4)
of the Violence Against Women and Department of Justice Reauthorization Act of
2005) of section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367(d)) is amended by
inserting and severe forms of trafficking in persons or criminal
activity listed in section 101(a)(15)(U) of the Immigration and Nationality Act
(8 U.S.C.
1101(a)(15)(u))
after domestic
violence
.
Implementation
Not later than 180 days after the date of enactment of this Act, the Attorney General and Secretary of Homeland Security shall provide the guidance required by section 384(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(d)), consistent with the amendments made by subsections (a) and (b).
Clerical amendment
Section 384(a)(1) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 is amended by striking
241(a)(2)
in the matter following subparagraph (F) and inserting
237(a)(2)
.
GAO report on requirements to cooperate with law enforcement officials
Requirement for report
Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding the adjudication of petitions and applications under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)).
Contents
The report required by subsection (a) shall—
assess the effectiveness of the requirements set out in Section 802 of this Act in ensuring that potential U visa recipients aid in the investigation, apprehension, and prosecution of criminals;
determine the effect of the requirements set out in Section 802 of this Act, on the number of U visas issued annually; and
determine the effect of the requirements set out in Section 802 of this Act, on the number of individuals seeking U visas.
Consideration of other evidence
Section
237(a)(2)(E)(i) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(2)(E)(i)) is amended by adding at the end the
following: If the conviction records do not conclusively establish
whether a crime of domestic violence constitutes a crime of violence (as
defined in section
16 of title 18, United States Code), the Attorney General may
consider any other evidence that the Attorney General determines to be reliable
in making this determination, including sentencing reports and police
reports.
.
Safety for Indian women
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—
in paragraph (2),
by inserting sex trafficking,
after sexual
assault,
;
in paragraph (4),
by inserting sex trafficking,
after sexual
assault,
;
in paragraph (5),
by striking and stalking
and all that follows and inserting
sexual assault, sex trafficking, and stalking;
;
in paragraph (7)—
by inserting
sex trafficking,
after sexual assault,
each place
it appears; and
by striking
and
at the end;
in paragraph (8)—
by inserting
sex trafficking,
after stalking,
; and
by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
provide services to address the needs of youth who are victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking and the needs of children exposed to domestic violence, dating violence, sexual assault, or stalking, including support for the nonabusing parent or the caretaker of the child; and
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.
.
Grants to Indian tribal coalitions
Section 2001(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) is amended—
in paragraph (1)—
in subparagraph
(B), by striking and
at the end;
in subparagraph
(C), by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
developing and promoting State, local, or tribal legislation and policies that enhance best practices for responding to violent crimes against Indian women, including the crimes of domestic violence, dating violence, sexual assault, stalking, and sex trafficking.
; and
in paragraph
(2)(B), by striking individuals or
.
Consultation
Section 903 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045d) is amended—
in subsection (a)—
by striking
and the Violence Against Women Act of 2000
and inserting
, the Violence Against Women Act of 2000
; and
by inserting
, and the Violence Against Women
Reauthorization Act of 2012
before the period at the
end;
in subsection (b)—
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
in paragraph (2),
by striking and stalking
and inserting stalking, and sex
trafficking
; and
by adding at the end the following:
Annual report
The Attorney General shall submit to Congress an annual report on the annual consultations required under subsection (a) that—
contains the recommendations made under subsection (b) by Indian tribes during the year covered by the report;
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
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).
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.
.
Analysis and research on violence against Indian women
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—
in paragraph (1)—
by striking
The National
and inserting Not later than 2 years after
the date of enactment of the Violence Against
Women Reauthorization Act of 2012, the National
;
and
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;
in paragraph (2)(A)—
in clause (iv), by
striking and
at the end;
in clause (v), by
striking the period at the end and inserting ; and
; and
by adding at the end the following:
sex trafficking.
;
in paragraph (4),
by striking this Act
and inserting the
Violence Against Women Reauthorization Act of
2012
; and
in paragraph (5),
by striking this section $1,000,000 for each of fiscal years 2007 and
2008
and inserting this subsection $1,000,000 for each of fiscal
years 2013 and 2014
.
Authorization of appropriations
Section 905(b)(2) of the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note) is amended by
striking fiscal years 2007 through 2011
and inserting
fiscal years 2013 through 2017
.
Assistant United States attorney domestic violence tribal liaisons
Appointment
The Attorney General is authorized and encouraged to appoint the Assistant United States Attorney Tribal Liaison appointed in each judicial district that includes Indian country to also serve as a domestic violence tribal liaison.
Duties
The duties of a domestic violence tribal liaison appointed under this section shall include the following:
Encouraging and assisting in arrests and Federal prosecution for crimes, including misdemeanor crimes, of domestic violence, dating violence, sexual assault, and stalking that occur in Indian country.
Conducting training sessions for tribal law enforcement officers and other individuals and entities responsible for responding to crimes in Indian country to ensure that such officers, individuals, and entities understand their arrest authority over non-Indian offenders.
Developing multidisciplinary teams to combat domestic and sexual violence offenses against Indians by non-Indians.
Consulting and coordinating with tribal justice officials and victims' advocates to address any backlog in the prosecution of crimes, including misdemeanor crimes, of domestic violence, dating violence, sexual assault, and stalking that occur in Indian country.
Developing working relationships and maintaining communication with tribal leaders, tribal community and victims’ advocates, and tribal justice officials to gather information from, and share appropriate information with, tribal justice officials.
Indian country
In this section, the term Indian country
has the meaning given such term in
section
1151 of title 18.
Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.
Criminal provisions
Criminal provisions relating to sexual abuse
Sexual abuse of a minor or ward
Section 2243(b) of title 18, United States Code, is amended to read as follows:
Of a ward
Offenses
It shall be unlawful for any person to knowingly engage, or knowingly attempt to engage, in a sexual act with another person who is—
in official detention or supervised by, or otherwise under the control of, the United States—
during arrest;
during pretrial release;
while in official detention or custody; or
while on probation, supervised release, or parole;
under the professional custodial, supervisory, or disciplinary control or authority of the person engaging or attempting to engage in the sexual act; and
at the time of the sexual act—
in the special maritime and territorial jurisdiction of the United States;
in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of, or pursuant to a contract or agreement with, the United States; or
under supervision or other control by the United States, or by direction of, or pursuant to a contract or agreement with, the United States.
Penalties
Whoever violates paragraph (1)(A) shall—
be fined under this title, imprisoned for not more than 15 years, or both; and
if, in the course of committing the violation of paragraph (1), the person engages in conduct that would constitute an offense under section 2241 or 2242 if committed in the special maritime and territorial jurisdiction of the United States, be subject to the penalties provided for under section 2241 or 2242, respectively.
.
Penalties for sexual abuse
In general
Chapter 13 of title 18, United States Code, is amended by adding at the end the following:
Penalties for sexual abuse
Offense
It shall be unlawful for any person, in the course of committing an offense under this chapter or under section 901 of the Fair Housing Act (42 U.S.C. 3631) to engage in conduct that would constitute an offense under chapter 109A if committed in the special maritime and territorial jurisdiction of the United States.
Penalties
A person that violates subsection (a) shall be subject to the penalties under the provision of chapter 109A that would have been violated if the conduct was committed in the special maritime and territorial jurisdiction of the United States, unless a greater penalty is otherwise authorized by law.
.
Clerical amendment
The table of sections for chapter 13 of title 18, United States Code, is amended by adding at the end the following:
250. Penalties for sexual abuse.
.
Sexual abuse in custodial settings
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)
.
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)
.
Adoption and effect of national standards
Section 8 of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15607) is amended—
by redesignating subsection (c) as subsection (e); and
by inserting after subsection (b) the following:
Applicability to detention facilities operated by the department of homeland security
In general
Not later than 180 days after the date of enactment of the Violence Against Women Reauthorization Act of 2012, the Secretary of Homeland Security shall publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rape and sexual assault in facilities that maintain custody of aliens detained for a violation of the immigrations laws of the United States.
Applicability
The standards adopted under paragraph (1) shall apply to detention facilities operated by the Department of Homeland Security and to detention facilities operated under contract with, or pursuant to an intergovernmental service agreement with, the Department.
Compliance
The Secretary of Homeland Security shall—
assess compliance with the standards adopted under paragraph (1) on a regular basis; and
include the results of the assessments in performance evaluations of facilities completed by the Department of Homeland Security.
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).
Applicability to custodial facilities operated by the department of health and human services
In general
Not later than 180 days after the date of enactment of the Violence Against Women Reauthorization Act of 2012, the Secretary of Health and Human Services shall publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rape and sexual assault in facilities that maintain custody of unaccompanied alien children (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))).
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.
Compliance
The Secretary of Health and Human Services shall—
assess compliance with the standards adopted under paragraph (1) on a regular basis; and
include the results of the assessments in performance evaluations of facilities completed by the Department of Health and Human Services.
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).
.
Criminal provision relating to stalking, including cyberstalking
In general
Section 2261A of title 18, United States Code, is amended to read as follows:
Stalking
Whoever uses the mail, any interactive computer service, or any facility of interstate or foreign commerce to engage in a course of conduct or travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or intimidate another person, or place another person under surveillance with the intent to kill, injure, harass, or intimidate such person and in the course of, or as a result of, such travel or course of conduct—
places that person in reasonable fear of the death of, or serious bodily injury to such person, a member of their immediate family (as defined in section 115), or their spouse or intimate partner; or
causes or attempts to cause serious bodily injury or serious emotional distress to such person, a member of their immediate family (as defined in section 115), or their spouse or intimate partner;
The punishment for an offense under this section is the same as that for an offense under section 2261, except that if—
the offense involves conduct in violation of a protection order; or
the victim of the offense is under the age of 18 years or over the age of 65 years, the offender has reached the age of 18 years at the time the offense was committed, and the offender knew or should have known that the victim was under the age of 18 years or over the age of 65 years;
.
Clerical amendment
The item relating to section 2261A in the table of sections at the beginning of chapter 110A of title 18, United States Code, is amended to read as follows:
2261A. Stalking.
.
Amendments to the Federal assault statute
In general
Section 113 of title 18, United States Code, is amended—
in subsection (a)—
by striking paragraph (1) and inserting the following:
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.
;
in paragraph (2),
by striking felony under chapter 109A
and inserting
violation of section 2241 or 2242
;
in paragraph (3),
by striking and without just cause or excuse,
;
in paragraph (4),
by striking six months
and inserting 1
year
;
in paragraph (5),
by striking 1 year
and inserting 5 years
;
in paragraph (7)—
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
by
striking fine
and inserting a fine
; and
by adding at the end the following:
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
in subsection (b)—
by striking
(b) As used in this subsection—
and inserting the
following:
In this section—
;
in paragraph
(1)(B), by striking and
at the end;
in paragraph (2), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
the terms dating partner and spouse or intimate partner have the meanings given those terms in section 2266;
the term strangling means knowingly or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim; and
the term suffocating means knowingly or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.
.
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
.
Mandatory minimum sentence
Section 2241 of title 18, United States Code, is amended—
in subsection (a),
in the undesignated matter following paragraph (2), by striking any term
of years or life
and inserting not less than 10 years or
imprisoned for life
; and
in subsection (b),
in the undesignated matter following paragraph (2), by striking any term
of years or life
and inserting not less than 5 years or
imprisoned for life
.
Federal protection orders
Federal protection orders
Chapter 110A of title 18, United States Code, is amended by inserting after section 2262 the following:
Federal domestic violence protection orders involving Indians and Indian country
Petition for protection order
In general
A victim of an act of domestic violence, or an Indian tribe as parens patriae on behalf of the victim of an act of domestic violence, may petition a district court of the United States to issue a protection order against the person (whether an Indian or a non-Indian) who is alleged to have committed the act of domestic violence if—
the victim is an Indian or a minor who resides with or is in the care and custody of an Indian;
the victim resides or is employed at a place located in the Indian country of the Indian tribe that files the petition; and
the person against whom the order is sought is alleged to have committed an act of domestic violence in the Indian country.
Contents of petition
A petition filed under this section shall contain—
the facts that meet the requirements under paragraph (1);
the name of each victim on whose behalf the protection order is sought;
the name and, if known, the residential address of the person against whom the order is sought;
a detailed description of the alleged act of domestic violence, including the date or approximate date and the location of the act of domestic violence; and
the relief sought.
issuance of protection order
The court may issue a protection order in accordance with this section and subsections (b) and (c) of section 2265 and Rule 65(d)(1) of the Federal Rules of Civil Procedure if the court finds that such order is reasonably necessary to provide protection against violence, threats, or harassment against, contact or communication with, or physical proximity to—
a spouse or intimate partner who resides or is employed at a location in the Indian country of the Indian tribe involved in the proceeding; or
a minor who resides with or is in the care or custody of a spouse or intimate partner who resides or is employed at a location in the Indian country.
Scope of protection orders
Any protection order under this section may—
prohibit the person against whom the order is sought from—
threatening to commit or committing an act of domestic violence against or otherwise harassing the spouse or intimate partner or minor who resides with or is in the care or custody of the spouse or intimate partner;
communicating, directly or indirectly, with the spouse or intimate partner or minor who resides with or is in the care or custody of the spouse or intimate partner; and
knowingly coming within a specified distance from the spouse or intimate partner or minor who resides with or is in the care or custody of the spouse or intimate partner;
direct the person against whom the order is sought to stay away from the residence, school, or place of employment of the spouse or intimate partner, or any other specified place frequented by the spouse or intimate partner, regardless of whether the residence, school, place of employment, or other specified place is located in Indian country; and
exclude or bar the person against whom the order is sought from the Indian country of the Indian tribe involved in the proceeding or any portion or area of that Indian country.
Emergency ex parte orders
If a petition requests an emergency ex-parte protection order and from the facts alleged in the petition there appears to be a danger of a further, imminent act of domestic violence against a victim, the court may grant an emergency ex-parte protection order against the person against whom the order is sought in accordance with the requirements of section 2265(b)(2).
Duration of protection order
A protection order under this section may be permanent or of such other shorter duration as the court determines necessary to protect a victim from a further act of domestic violence by the person against whom the order is sought.
Violation of protection order
A person who intentionally violates a protection order under this section shall be punished as provided in section 2262(b).
.
Violation of Federal protection order
Section 2262(b) of title 18, United
States Code, is amended in the matter preceding paragraph (1), by striking
this section
and inserting this section or a protection
order issued under section 2262A
.
Definitions
Section 2266 of title 18, United States Code, is amended by inserting after paragraph (10) the following:
Act of domestic violence
The term act
of domestic violence
means an act or attempted act of violence or
stalking, or a threatened act of violence, by a person against a spouse or
intimate partner, or a minor residing with or in the care or custody of the
spouse or intimate partner.
Indian
The
term Indian
means a person who is a member of any Indian tribe,
regardless of whether that Indian tribe is the plaintiff Indian tribe under
section 2262A.
Indian tribe
The term Indian tribe
has the meaning given
the term in section 102 of the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C.
479a).
Minor
The
term minor
means a person under the age of 18
years.
.
Technical and conforming amendment
The table of sections for chapter 110A of title 18, United States Code, is amended by inserting after the item relating to section 2262 the following:
2262A. Federal domestic violence protection orders involving Indians and Indian country.
.
Passed the House of Representatives May 16, 2012.
Karen L. Haas,
Clerk
May 21, 2012
Received; read twice and placed on the calendar
