[Congressional Record Volume 158, Number 70 (Wednesday, May 16, 2012)]
[House]
[Pages H2745-H2781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2012
Mrs. ADAMS. Madam Speaker, pursuant to House Resolution 656, I call
up the bill (H.R. 4970) to reauthorize the Violence Against Women Act
of 1994, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 656, the
amendment in the nature of a substitute, recommended by the Committee
on the Judiciary, printed in the bill, modified by the amendment
printed in House Report 112 481 is adopted, and the bill, as amended,
is considered read.
The text of the bill, as amended, is as follows:
H.R. 4970
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violence Against Women
Reauthorization Act of 2012''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. VAWA definitions and grant conditions.
Sec. 4. Accountability provisions.
Sec. 5. Effective date.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
Sec. 101. STOP grants.
Sec. 102. Grants to encourage arrest policies and enforcement of
protection orders.
Sec. 103. Legal assistance for victims.
Sec. 104. Consolidation of grants to support families in the justice
system.
Sec. 105. Court-appointed special advocate program.
Sec. 106. Outreach and services to underserved populations grant.
Sec. 107. Culturally specific services grant.
Sec. 108. Reduction in rape kit backlog.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 201. Sexual assault services program.
Sec. 202. Rural domestic violence, dating violence, sexual assault,
stalking, and child abuse enforcement assistance.
Sec. 203. Training and services to end violence against women with
disabilities grants.
Sec. 204. Grant for training and services to end violence against women
in later life.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
Sec. 301. Rape prevention and education grant.
Sec. 302. Creating hope through outreach, options, services, and
education for children and youth.
Sec. 303. Grants to combat violent crimes on campuses.
Sec. 304. National Center for Campus Public Safety.
TITLE IV--VIOLENCE REDUCTION PRACTICES
Sec. 401. Study conducted by the centers for disease control and
prevention.
Sec. 402. Saving money and reducing tragedies through prevention
grants.
TITLE V--STRENGTHENING THE HEALTH CARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 501. Consolidation of grants to strengthen the health care
system's response to domestic violence, dating violence,
sexual assault, and stalking.
[[Page H2746]]
TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING
Sec. 601. Housing protections for victims of domestic violence, dating
violence, sexual assault, and stalking.
Sec. 602. Transitional housing assistance grants for victims of
domestic violence, dating violence, sexual assault, and
stalking.
Sec. 603. Addressing the housing needs of victims of domestic violence,
dating violence, sexual assault, and stalking.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
Sec. 701. National Resource Center on Workplace Responses to assist
victims of domestic and sexual violence.
TITLE VIII--IMMIGRATION PROVISIONS
Sec. 801. Fraud prevention initiatives.
Sec. 802. Clarification of the requirements applicable to U visas.
Sec. 803. Protections for a fiancee or fiance of a citizen.
Sec. 804. Regulation of international marriage brokers.
Sec. 805. GAO report.
Sec. 806. Temporary Nature of U Visa Status.
Sec. 807. Annual report on immigration applications made by victims of
abuse.
Sec. 808. Protection for children of VAWA self-petitioners.
Sec. 809. Public charge.
Sec. 810. Age-Out Protection for U Visa Applicants.
Sec. 811. Hardship waivers.
Sec. 812. Disclosure of Information for National Security Purpose.
Sec. 813. GAO report on requirements to cooperate with law enforcement
officials.
Sec. 814. Consideration of other evidence.
TITLE IX--SAFETY FOR INDIAN WOMEN
Sec. 901. Grants to Indian tribal governments.
Sec. 902. Grants to Indian tribal coalitions.
Sec. 903. Consultation.
Sec. 904. Analysis and research on violence against Indian women.
Sec. 905. Assistant United States attorney domestic violence tribal
liaisons.
TITLE X--CRIMINAL PROVISIONS
Sec. 1001. Criminal provisions relating to sexual abuse.
Sec. 1002. Sexual abuse in custodial settings.
Sec. 1003. Criminal provision relating to stalking, including
cyberstalking.
Sec. 1004. Amendments to the Federal assault statute.
Sec. 1005. Mandatory minimum sentence.
SEC. 3. VAWA DEFINITIONS AND GRANT CONDITIONS.
(a) Definitions.--Subsection (a) of section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925(a)) is
amended--
(1) in paragraph (2), by inserting ``to an unemancipated
minor'' after ``serious harm'';
(2) in paragraph (3), by striking ``an organization'' and
inserting ``a nonprofit, nongovernmental, or tribal
organization that serves a specific geographic community'';
(3) in paragraph (6) by inserting ``or intimate partner''
after ``former spouse'' and after ``as a spouse'';
(4) by amending paragraph (16) to read as follows:
``(16) Legal assistance.--The term `legal assistance'--
``(A) includes assistance to adult and youth victims of
domestic violence, dating violence, sexual assault, and
stalking in--
``(i) family, tribal, territorial, immigration, employment,
administrative agency, housing matters, campus administrative
or protection or stay away order proceedings, and other
similar matters; and
``(ii) criminal justice investigations, prosecutions and
post-trial matters (including sentencing, parole, and
probation) that impact the victim's safety and privacy; and
``(B) may include services and assistance to victims of
domestic violence, dating violence, sexual assault, or
stalking who are also victims of severe forms of trafficking
in persons as defined by section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102);
except that intake or referral, without other action, does
not constitute legal assistance.''.
(5) by amending paragraph (18) to read as follows:
``(18) Personally identifying information or personal
information.--The term `personally identifying information'
or `personal information' means individually identifying
information for or about an individual, including information
likely to disclose the location of a victim of domestic
violence, dating violence, sexual assault, or stalking,
regardless of whether the information is encoded, encrypted,
hashed, or otherwise protected, including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-mail or
Internet protocol address, or telephone or facsimile number);
``(D) a social security number, driver license number,
passport number, or student identification number; and
``(E) any other information, including date of birth,
racial or ethnic background, or religious affiliation, that
would serve to identify any individual.'';
(6) in paragraph (19), by striking ``services'' and
inserting ``assistance'';
(7) in paragraph (21)--
(A) in subparagraph (A), by striking ``or'' after the
semicolon;
(B) in subparagraph (B)(ii), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) any federally recognized Indian tribe.'';
(8) in paragraph (22)--
(A) by striking ``52'' and inserting ``57''; and
(B) by striking ``150,000'' and inserting ``250,000'';
(9) by amending paragraph (23) to read as follows:
``(23) Sexual assault.--The term `sexual assault' means any
nonconsensual sexual act proscribed by Federal, tribal, or
State law, including when the victim lacks capacity to
consent.'';
(10) by amending paragraph (33) to read as follows:
``(33) Underserved populations.--The term `underserved
populations' means populations who face barriers to accessing
and using victim services, and includes populations
underserved because of geographic location or religion,
underserved racial and ethnic populations, populations
underserved because of special needs (such as language
barriers, disabilities, alienage status, or age), and any
other population determined to be underserved by the Attorney
General or the Secretary of Health and Human Services, as
appropriate.'';
(11) by amending paragraph (37) to read as follows:
``(37) Youth.--The term `youth' means a person who is 11 to
24 years of age.'';
(12) by adding at the end the following new paragraphs:
``(38) Alaska native village.--The term `Alaska Native
village' has the same meaning given such term in the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
``(39) Child.--The term `child' means a person who is under
11 years of age.
``(40) Culturally specific.--The term `culturally specific'
(except when used as part of the term `culturally specific
services') means primarily composed of racial and ethnic
minority groups (as defined in section 1707(g) of the Public
Health Service Act (42 U.S.C. 300u 6(g))).
``(41) Culturally specific services.--The term `culturally
specific services' means community-based services and
resources that are culturally relevant and linguistically
specific to culturally specific communities.
``(42) Homeless, homeless individual, homeless person.--The
terms `homeless', `homeless individual', and `homeless
person'--
``(A) mean an individual who lacks a fixed, regular, and
adequate nighttime residence; and
``(B) includes--
``(i) an individual who--
``(I) is sharing the housing of other persons due to loss
of housing, economic hardship, or a similar reason;
``(II) is living in a motel, hotel, trailer park, or
campground due to the lack of alternative adequate
accommodations;
``(III) is living in an emergency or transitional shelter;
``(IV) is abandoned in a hospital; or
``(V) is awaiting foster care placement;
``(ii) an individual who has a primary nighttime residence
that is a public or private place not designed for or
ordinarily used as a regular sleeping accommodation for human
beings; or
``(iii) migratory children (as defined in section 1309 of
the Elementary and Secondary Education Act of 1965; 20 U.S.C.
6399) who qualify as homeless under this section because the
children are living in circumstances described in this
paragraph.
``(43) Population specific organization.--The term
`population specific organization' means a nonprofit,
nongovernmental organization that primarily serves members of
a specific underserved population and has demonstrated
experience and expertise providing targeted services to
members of that specific underserved population.
``(44) Population specific services.--The term `population
specific services' means victim services that--
``(A) address the safety, health, economic, legal, housing,
workplace, immigration, confidentiality, or other needs of
victims of domestic violence, dating violence, sexual
assault, or stalking; and
``(B) are designed primarily for, and are targeted to, a
specific underserved population.
``(45) Rape crisis center.--The term `rape crisis center'
means--
``(A) a nonprofit, nongovernmental, or tribal organization
that provides intervention and related assistance, as
specified in section 41601(b)(2)(C), to victims of sexual
assault without regard to the age of the victims; or
``(B) a governmental entity that--
``(i) is located in a State other than a Territory;
``(ii) provides intervention and related assistance, as
specified in section 41601(b)(2)(C), to victims of sexual
assault without regard to the age of the victims;
``(iii) is not a law enforcement agency or other entity
that is part of the criminal justice system; and
``(iv) offers a level of confidentiality to victims that is
comparable to a nonprofit entity that provides similar victim
services.
``(46) Sex trafficking.--The term `sex trafficking' means
any conduct proscribed by section 1591 of title 18, United
States Code, whether or not the conduct occurs in interstate
or foreign commerce or within the special maritime and
territorial jurisdiction of the United States.
``(47) Tribal coalition.--The term `tribal coalition' means
an established nonprofit, nongovernmental Indian
organization, Alaska Native organization, or a Native
Hawaiian organization that--
``(A) provides education, support, and technical assistance
to member Indian service providers in a manner that enables
those member providers to establish and maintain culturally
appropriate services, including shelter and rape
[[Page H2747]]
crisis services, designed to assist Indian women and the
dependents of those women who are victims of domestic
violence, dating violence, sexual assault, and stalking; and
``(B) is comprised of board and general members that are
representative of--
``(i) the member service providers described in
subparagraph (A); and
``(ii) the tribal communities in which the services are
being provided.
``(48) Unit of local government.--The term `unit of local
government' means any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State.
``(49) Victim services.--The term `victim services'--
``(A) means services provided to victims of domestic
violence, dating violence, sexual assault, or stalking,
including telephonic or web-based hotlines, legal advocacy,
economic advocacy, emergency and transitional shelter,
accompaniment and advocacy through medical, civil or criminal
justice, immigration, and social support systems, crisis
intervention, short-term individual and group support
services, information and referrals, culturally specific
services, population specific services, and other related
supportive services; and
``(B) may include services and assistance to victims of
domestic violence, dating violence, sexual assault, or
stalking who are also victims of severe forms of trafficking
in persons as defined by section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
``(50) Victim service provider.--The term `victim service
provider' means a nonprofit, nongovernmental or tribal
organization or rape crisis center, including a State sexual
assault coalition or tribal coalition, that--
``(A) assists domestic violence, dating violence, sexual
assault, or stalking victims, including domestic violence
shelters, faith-based organizations, and other organizations;
and
``(B) has a documented history of effective work concerning
domestic violence, dating violence, sexual assault, or
stalking.''; and
(13) by striking paragraphs (17), (29), and (36), and then
reordering the remaining paragraphs of such subsection
(including the paragraphs added by paragraph (12) of this
subsection) in alphabetical order based on the headings of
such paragraphs, and renumbering such paragraphs as so
reordered.
(b) Grants Conditions.--Subsection (b) of section 40002 of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(b))
is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by amending clauses (i) and (ii)
to read as follows:
``(i) disclose, reveal, or release any personally
identifying information or individual information collected
in connection with services requested, utilized, or denied
through grantees' and subgrantees' programs, regardless of
whether the information has been encoded, encrypted, hashed,
or otherwise protected; or
``(ii) disclose, reveal, or release individual client
information without the informed, written, reasonably time-
limited consent of the person (or in the case of an
unemancipated minor, the minor and the parent or guardian or
in the case of legal incapacity, a court-appointed guardian)
about whom information is sought, whether for this program or
any other Federal, State, tribal, or territorial grant
program, except that--
``(I) consent for release may not be given by the abuser of
the minor, incapacitated person, or the abuser of the other
parent of the minor; and
``(II) if a minor or a person with a legally appointed
guardian is permitted by law to receive services without the
parent's or guardian's consent, such minor or person with a
guardian may release information without additional
consent.'';
(B) by amending subparagraph (D), to read as follows:
``(D) Information sharing.--
``(i) In general.--Grantees and subgrantees may share--
``(I) nonpersonally identifying data in the aggregate
regarding services to their clients and nonpersonally
identifying demographic information in order to comply with
Federal, State, tribal, or territorial reporting, evaluation,
or data collection requirements;
``(II) court-generated information and law enforcement-
generated information contained in secure, governmental
registries for protection order enforcement purposes; and
``(III) law enforcement-generated and prosecution-generated
information necessary for law enforcement, intelligence,
national security, or prosecution purposes.
``(ii) Limitations.--Grantees and subgrantees may not--
``(I) require an adult, youth, or child victim of domestic
violence, dating violence, sexual assault, or stalking to
provide a consent to release his or her personally
identifying information as a condition of eligibility for the
services provided by the grantee or subgrantee; or
``(II) share any personally identifying information in
order to comply with Federal reporting, evaluation, or data
collection requirements, whether for this program or any
other Federal grant program.'';
(C) by redesignating subparagraph (E) as subparagraph (F);
(D) by inserting after subparagraph (D) the following:
``(E) Statutorily mandated reports of abuse or neglect.--
Nothing in this paragraph prohibits a grantee or subgrantee
from reporting suspected abuse or neglect, as those terms are
defined by law, when specifically mandated by the State or
tribe involved.''; and
(E) by adding at the end the following new subparagraph:
``(G) Confidentiality assessment and assurances.--Grantees
and subgrantees shall certify their compliance with the
confidentiality and privacy provisions required under this
section.'';
(2) by striking paragraph (3) and inserting the following:
``(3) Approved activities.--In carrying out the activities
under this title, grantees and subgrantees may collaborate
with and provide information to Federal, State, local,
tribal, and territorial public officials and agencies to
develop and implement policies, and develop and promote
State, local, or tribal legislation or model codes, designed
to reduce or eliminate domestic violence, dating violence,
sexual assault, and stalking.'';
(3) in paragraph (7), by inserting at the end the
following:
``Final reports of such evaluations shall be made publically
available on the website of the disbursing agency.''; and
(4) by inserting after paragraph (11) the following:
``(12) Delivery of legal assistance.--Any grantee or
subgrantee providing legal assistance with funds awarded
under this title shall comply with the eligibility
requirements in section 1201(d) of the Violence Against Women
Act of 2000 (42 U.S.C. 3796gg 6(d)).
``(13) Civil rights.--
``(A) Nondiscrimination.--No person in any State shall on
the basis of actual or perceived race, color, religion,
national origin, sex, or disability be 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.
``(B) Reasonable accommodation.--Nothing in this paragraph
shall prevent consideration of an individual's gender for
purposes of a program or activity described in subparagraph
(A) if the grantee involved determines that gender
segregation or gender-specific programming is necessary to
the essential operation of such program or activity. In such
a case, alternative reasonable accommodations are sufficient
to meet the requirements of this paragraph.
``(C) Application.--The provisions of paragraphs (2)
through (4) of section 809(c) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3789d(c))
shall apply to violations of subparagraph (A).
``(D) Rule of construction.--Nothing in this paragraph
shall be construed, interpreted, or applied to supplant,
displace, preempt, or otherwise diminish the responsibilities
and liabilities of grantees under other Federal or State
civil rights law, whether statutory or common.''.
(c) Conforming Amendment.--Section 41403(6) of the Violence
Against Women Act of 1994 (14043e 2(6)) is amended to read as
follows:
``(6) the terms `homeless', `homeless individual', and
`homeless person' have the meanings given such terms in
section 40002(a);''.
SEC. 4. ACCOUNTABILITY PROVISIONS.
(a) Requirement for DOJ Grant Applicants To Include Certain
Information About Federal Grants in DOJ Grant Applications.--
Each applicant for a grant from the Department of Justice
shall submit, as part of the application for the grant, the
following information:
(1) A list of each Federal grant the applicant applied for
during the one-year period preceding the date of submission
of the application.
(2) A list of each Federal grant the applicant received
during the five-year period preceding the date of submission
of the application.
(b) Enhancing Grant Efficiency and Coordination.--
(1) In general.--The Attorney General, in consultation with
the Secretary of Health and Human Services, shall, to the
greatest extent practicable, take actions to further the
coordination of the administration of grants within the
Department of Justice to increase the efficiency of such
administration.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall submit to
the Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the House of
Representatives a report on the actions taken by the Attorney
General under paragraph (1) and the progress of such actions
in achieving coordination described in such paragraph.
(c) Requiring Office of Audit, Assessment, and Management
Functions To Apply to VAWA Grants.--
(1) In general.--Section 109(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2), the following new
paragraph:
``(3) Any program or activity funded in whole or in part
with funds made available under the Violence Against Women
Act of 1994 (title IV of Public Law 103 322; 108 Stat. 1902),
the Violence Against Women Act of 2000 (division B of Public
Law 106 386; 114 Stat. 1491), the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (title IX
of Public Law 109 162; 119 Stat. 3080), the Violence Against
Women Reauthorization Act of 2012, or any other program or
activity funded in whole or in part with funds appropriated
for grants, cooperative agreements, and other assistance
administered by the Office on Violence Against Women.''.
[[Page H2748]]
(2) Effective date.--The amendments made by subsection (a)
shall apply with respect to grant periods beginning on or
after the date of the enactment of this Act.
(d) VAWA Grant Accountability.--Section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925) is
further amended by adding at the end the following:
``(c) Accountability.--All grants awarded under this title
shall be subject to the following accountability provisions:
``(1) Audit requirement.--Beginning in fiscal year 2013,
and in each fiscal year thereafter, the Inspector General of
the Department of Justice or the Inspector General of the
Department of Health and Human Services, as applicable, shall
conduct an audit of not fewer than 10 percent of all grantees
under this title to prevent waste, fraud, and abuse of funds
by such grantees.
``(2) Mandatory exclusion.--A grantee described in
paragraph (1) that is found by the Inspector General of the
Department of Justice or the Inspector General of the
Department of Health and Human Services, as applicable, to
have an unresolved audit finding (as defined in paragraph
(5)) shall not be eligible to receive grant funds under this
title during the 2 fiscal years beginning after the 12-month
period described in such paragraph.
``(3) Reimbursement.--If an entity is awarded grant funds
under this title during any period in which the entity is
prohibited from receiving funds under paragraph (2), the head
of the Federal agency administering a grant program under
this title shall--
``(A) deposit into the General Fund of the Treasury an
amount equal to the grant funds that were improperly awarded
to the grantee; and
``(B) seek to recoup the costs of the repayment to the Fund
from the entity that was erroneously awarded such grant
funds.
``(4) Unresolved audit finding defined.--In this
subsection, the term `unresolved audit finding' means, with
respect to a grantee described in paragraph (1), an audit
report finding, statement, or recommendation by the Inspector
General of the Department of Justice or the Inspector General
of the Department of Health and Human Service, as applicable,
that the grantee has utilized grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not closed
or resolved within 12 months from the date of an initial
notification of the finding, statement, or recommendation.
``(5) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph, the term
`nonprofit organization' means an organization that is
described in section 501(c)(3) of the Internal Revenue Code
of 1986 and is exempt from taxation under section 501(a) of
such Code.
``(B) Prohibition.--The Attorney General shall not award a
grant under any grant program under this title to a nonprofit
organization that holds money in offshore accounts for the
purpose of avoiding paying the tax described in section
511(a) of the Internal Revenue Code of 1986.
``(6) Administrative expenses.--Unless otherwise explicitly
provided in authorizing legislation, not more than 5.0
percent of the amounts authorized to be appropriated under
this title may be used by the Attorney General for salaries
and administrative expenses of the Office on Violence Against
Women.
``(7) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be appropriated
to the Department of Justice or Department of Health and
Human Services under this title may be used by the Attorney
General, the Secretary of Health and Human Services, or by
any individual or organization awarded funds under this
title, to host or support any expenditure for conferences,
unless in the case of the Department of Justice, the Deputy
Attorney General or the appropriate Assistant Attorney
General, or in the case of the Department of Health and Human
Services the Deputy Secretary, provides prior written
authorization that the funds may be expended to host or
support any expenditure for such a conference.
``(B) Written approval.--Written authorization under
subparagraph (A) shall include a written estimate of all
costs associated with the conference, including the cost of
all food and beverages, audio/visual equipment, honoraria for
speakers, and any entertainment.
``(C) Report.--The Deputy Attorney General and Deputy
Secretary of Health and Human Services shall submit an annual
report to the Committee on the Judiciary and the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on the Judiciary and the Committee on Energy and
Commerce of the House of Representatives on all conference
expenditures approved and denied during the fiscal year for
which the report is submitted.
``(8) Prohibition on lobbying activity.--
``(A) In general.--Amounts authorized to be appropriated
under this title may not be utilized by any grantee or
subgrantee to lobby any representative of the Federal
Government (including the Department of Justice) or a State,
local, or tribal government regarding the award of grant
funding.
``(B) Penalty.--If the Attorney General 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--
``(i) require the grantee or subgrantee to repay such funds
in full; and
``(ii) prohibit the grantee or subgrantee from receiving
any funds under this title for not less than 5 years.
``(9) Annual certification.--Beginning in the first fiscal
year beginning after the date of the enactment of the
Violence Against Women Reauthorization Act of 2012, the
Assistant Attorney General for the Office of Justice
Programs, the Director of the Office on Violence Against
Women, and the Deputy Secretary for Health and Human Services
shall submit to the Committee on the Judiciary and the
Committee on Appropriations of the Senate and the Committee
on the Judiciary and the Committee on Appropriations of the
House of Representatives a certification for such year that--
``(A) all audits issued by the Office of the Inspector
General under paragraph (1) have been completed and reviewed
by the Assistant Attorney General for the Office of Justice
Programs;
``(B) all mandatory exclusions required under paragraph (2)
have been issued;
``(C) all reimbursements required under paragraph (3) have
been made; and
``(D) includes a list of any grantees and subgrantees
excluded during the previous year under paragraph (2).''.
(e) Training and Resources for VAWA Grantees.--Section
40002 of the Violence Against Women Act 0f 1994 (42 U.S.C.
13925) is further amended--
(1) in the heading, by striking ``AND GRANT PROVISIONS''
and inserting ``, GRANT PROVISIONS, AND TRAINING AND
RESOURCES FOR VAWA GRANTEES''; and
(2) by adding at the end the following new subsection:
``(d) Training and Resources for VAWA Grantees.--
``(1) In general.--The Attorney General and Secretary of
Health and Human Services, as applicable, shall--
``(A) 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 recordkeeping and accounting practices required of
such grantees and subgrantees as recipients of funds from the
disbursing agency;
``(B) provide training to such grantees and subgrantees
regarding such standards, protocols, and sample tools and
forms; and
``(C) 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.
``(2) 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.''.
SEC. 5. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, the
provisions of titles I, II, III, IV, VII, and sections 3,
602, 901, and 902 of this Act shall not take effect until the
first day of the fiscal year following the date of enactment
of this Act.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
SEC. 101. STOP GRANTS.
(a) STOP Grants.--Part T of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)
is amended--
(1) in section 2001(b) (42 U.S.C. 3796gg(b)), as amended by
paragraph (2)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``equipment'' and inserting ``resources'';
and
(ii) by inserting ``for the protection and safety of
victims,'' before ``and specifically,'';
(B) in paragraph (1), by striking ``sexual assault'' and
all that follows through ``dating violence'' and inserting
``domestic violence, dating violence, sexual assault, and
stalking'';
(C) in paragraph (2), by striking ``sexual assault and
domestic violence'' and inserting ``domestic violence, dating
violence, sexual assault, and stalking'';
(D) in paragraph (3), by striking ``sexual assault and
domestic violence'' and inserting ``domestic violence, dating
violence, sexual assault, and stalking, as well as the
appropriate treatment of victims'';
(E) in paragraph (4)--
(i) by inserting ``, classifying,'' after ``identifying'';
and
(ii) by striking ``sexual assault and domestic violence''
and inserting ``domestic violence, dating violence, sexual
assault, and stalking'';
(F) in paragraph (5)--
(i) by inserting ``and legal assistance'' after ``victim
services'';
(ii) by striking ``sexual assault and domestic violence''
and inserting ``domestic violence, dating violence, sexual
assault, and stalking''; and
(iii) by striking ``including crimes'' and all that follows
and inserting ``including crimes of domestic violence, dating
violence, sexual assault, and stalking;'';
(G) by striking paragraph (6) and redesignating paragraphs
(7) through (14) as paragraphs (6) through (13),
respectively;
(H) in paragraph (6), as so redesignated by subparagraph
(G), by striking ``sexual assault and domestic violence'' and
inserting ``domestic violence, dating violence, sexual
assault, and stalking'';
(I) in paragraph (7), as so redesignated by subparagraph
(G), by striking ``and dating violence'' and inserting
``dating violence, and stalking'';
(J) in paragraph (9), as so redesignated by subparagraph
(G)--
[[Page H2749]]
(i) by striking ``domestic violence or sexual assault'' and
inserting ``domestic violence, dating violence, sexual
assault, or stalking''; and
(ii) by striking ``such violence or assault'' and inserting
``such violence, assault, or stalking'';
(K) in paragraph (12), as so redesignated by subparagraph
(G)--
(i) in subparagraph (A), by striking ``triage protocols to
ensure that dangerous or potentially lethal cases are
identified and prioritized'' and inserting ``the use of
evidence-based indicators to assess the risk of domestic and
dating violence homicide and prioritize dangerous or
potentially lethal cases''; and
(ii) in subparagraph (D), by striking ``and'' at the end;
(L) in paragraph (13), as so redesignated by subparagraph
(G)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``to provide'' and inserting ``providing'';
(II) by striking ``nonprofit nongovernmental''; and
(III) by striking the comma after ``local governments'';
(ii) by inserting ``and'' after the semicolon in
subparagraph (B); and
(iii) by striking the period at the end of subparagraph (C)
and inserting a semicolon;
(M) by inserting after paragraph (13), as so redesignated
by subparagraph (G), the following:
``(14) developing and promoting State, local, or tribal
legislation and policies that enhance best practices for
responding to domestic violence, dating violence, sexual
assault, and stalking;
``(15) developing, implementing, or enhancing Sexual
Assault Response Teams, or other similar coordinated
community responses to sexual assault;
``(16) developing and strengthening policies, protocols,
best practices, and training for law enforcement agencies and
prosecutors relating to the investigation and prosecution of
sexual assault cases and the appropriate treatment of
victims;
``(17) developing, enlarging, or strengthening programs
addressing sexual assault against men, women, and youth in
correctional and detention settings;
``(18) identifying and conducting inventories of backlogs
of sexual assault evidence collection kits and developing
protocols and policies for responding to and addressing such
backlogs, including protocols and policies for notifying and
involving victims; and
``(19) with not more than 5 percent of the total amount
allocated to a State for this part, developing, enhancing, or
strengthening prevention and educational programming to
address domestic violence, dating violence, sexual assault,
or stalking.''; and
(N) in the flush text at the end, by striking ``paragraph
(14)'' and inserting ``paragraph (13)'';
(2) in section 2007 (42 U.S.C. 3796gg 1)--
(A) in subsection (a), by striking ``nonprofit
nongovernmental victim services programs'' and inserting
``victim service providers'';
(B) in subsection (b)(6), by striking ``(not including
populations of Indian tribes)'';
(C) in subsection (c)--
(i) by amending paragraph (2) to read as follows:
``(2) grantees and subgrantees shall develop a plan for
implementation and may consult and coordinate with--
``(A) the State sexual assault coalition;
``(B) the State domestic violence coalition;
``(C) the law enforcement entities within the State;
``(D) prosecution offices;
``(E) State and local courts;
``(F) tribal governments or tribal coalitions in those
States with State or federally recognized Indian tribes;
``(G) representatives from underserved populations;
``(H) victim service providers;
``(I) population specific organizations; and
``(J) other entities that the State or the Attorney General
identifies as necessary for the planning process;'';
(ii) by redesignating paragraph (3) and (4) as paragraphs
(4) and (5), respectively;
(iii) by inserting after paragraph (2) the following:
``(3) grantees shall coordinate the State implementation
plan described in paragraph (2) with the State plans
described in section 307 of the Family Violence Prevention
and Services Act (42 U.S.C. 10407) and the plans described in
the Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.)
and section 393A of the Public Health Service Act (42 U.S.C.
280b 1b); and''; and
(iv) in paragraph (4), as so redesignated by clause (ii)--
(I) in subparagraph (A), by striking ``and not less than 25
percent shall be allocated for prosecutors'';
(II) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E);
(III) by inserting after subparagraph (A), the following:
``(B) not less than 25 percent shall be allocated for
prosecutors;
``(C) for each fiscal year beginning on or after the date
that is 2 years after the date of enactment of the Violence
Against Women Reauthorization Act of 2012, not less than 20
percent shall be allocated for programs or projects that
meaningfully address sexual assault, including stranger rape,
acquaintance rape, alcohol or drug-facilitated rape, and rape
within the context of an intimate partner relationship;'';
and
(IV) in subparagraph (E), as so redesignated by subclause
(II), by striking ``; and'' and inserting a period;
(D) by amending subsection (d) to read as follows:
``(d) Application Requirements.--An application for a grant
under this part shall include--
``(1) the certifications of qualification required under
subsection (c);
``(2) proof of compliance with the requirements for the
payment of forensic medical exams and judicial notification,
described in section 2010;
``(3) proof of compliance with the requirements for paying
fees and costs relating to domestic violence and protection
order cases described in section 2011;
``(4) proof of compliance with the requirements prohibiting
polygraph examinations of victims of sexual assault described
in section 2013;
``(5) an implementation plan required under subsection (i);
and
``(6) any other documentation that the Attorney General may
require.'';
(E) in subsection (e)--
(i) in paragraph (2)--
(I) in subparagraph (A), by striking ``domestic violence
and sexual assault'' and inserting ``domestic violence,
dating violence, sexual assault, and stalking''; and
(II) in subparagraph (D), by striking ``linguistically
and''; and
(ii) by adding at the end the following:
``(3) Conditions.--In disbursing grants under this part,
the Attorney General may impose reasonable conditions on
grant awards disbursed after the date of enactment of the
Violence Against Women Reauthorization Act of 2012 to ensure
that the States meet statutory, regulatory, and other
programs requirements.'';
(F) in subsection (f), by striking the period at the end
and inserting ``, except that, for purposes of this
subsection, the costs of the projects for victim services or
tribes for which there is an exemption under section
40002(b)(1) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(b)(1)) shall not count toward the total costs of
the projects.''; and
(G) by adding at the end the following:
``(i) Implementation Plans.--A State applying for a grant
under this part shall--
``(1) develop an implementation plan in consultation with
representatives of the entities listed in subsection (c)(2),
that identifies how the State will use the funds awarded
under this part; and
``(2) submit to the Attorney General as part of the
application submitted in accordance with subsection (d)--
``(A) the implementation plan developed under paragraph
(1);
``(B) documentation from each member of the planning
committee with respect to the member's participation in the
planning process;
``(C) documentation from the prosecution, law enforcement,
court, and victim services programs to be assisted,
describing--
``(i) the need for the grant funds;
``(ii) the intended use of the grant funds;
``(iii) the expected result of the grant funds; and
``(iv) the demographic characteristics of the populations
to be served, including age, disability, race, ethnicity, and
language background;
``(D) a description of how the State will ensure that any
subgrantees will consult with victim service providers during
the course of developing their grant applications to ensure
that the proposed activities are designed to promote the
safety, confidentiality, and economic independence of
victims;
``(E) demographic data on the distribution of underserved
populations within the State and a description of how the
State will meet the needs of underserved populations,
including the minimum allocation for population specific
services required under subsection (c)(4)(C);
``(F) a description of how the State plans to meet the
requirements pursuant to regulations issued under subsection
(e)(2);
``(G) goals and objectives for reducing domestic and dating
violence-related homicides within the State; and
``(H) any other information requested by the Attorney
General.
``(j) Reallocation of Funds.--A State may use any returned
or remaining funds for any authorized purpose under this part
if--
``(1) funds from a subgrant awarded under this part are
returned to the State; or
``(2) the State does not receive sufficient eligible
applications to award the full funding within the allocations
under subsection (c)(4).'';
(3) in section 2010 (42 U.S.C. 3796gg 4)--
(A) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) In general.--A State, Indian tribal government, or
unit of local government shall not be entitled to funds under
this subchapter unless the State, Indian tribal government,
unit of local government, or another governmental entity--
``(A) incurs the full out-of-pocket cost of forensic
medical exams described in subsection (b) for victims of
sexual assault; and
``(B) coordinates with health care providers in the region
to notify victims of sexual assault of the availability of
rape exams at no cost to the victims.'';
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``or'' after the
semicolon;
(ii) in paragraph (2), by striking ``; or'' and inserting a
period; and
(iii) by striking paragraph (3);
(C) in subsection (c), by striking ``, except that such
funds'' and all that follows and inserting a period; and
(D) by amending subsection (d) to read as follows:
``(d) Noncooperation.--
``(1) In general.--To be in compliance with this section, a
State, Indian tribal government, or unit of local government
shall comply with subsection (b) without regard to whether
the
[[Page H2750]]
victim participates in the criminal justice system or
cooperates with law enforcement.
``(2) Compliance period.--States, territories, and Indian
tribal governments shall have 3 years from the date of
enactment of the Violence Against Women Reauthorization Act
of 2012 to come into compliance with this subsection.''; and
(4) in section 2011(a)(1) (42 U.S.C. 3796gg 5(a)(1))--
(A) by inserting ``modification, enforcement, dismissal,''
after ``registration,'' each place it appears; and
(B) by striking ``domestic violence, stalking, or sexual
assault'' and inserting ``domestic violence, dating violence,
sexual assault, or stalking''.
(b) Authorization of Appropriations.--Section 1001(a)(18)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(18)), is amended by striking
``$225,000,000 for each of fiscal years 2007 through 2011''
and inserting ``$222,000,000 for each of fiscal years 2013
through 2017''.
SEC. 102. GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT
OF PROTECTION ORDERS.
(a) In General.--Part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et
seq.) is amended--
(1) in section 2101 (42 U.S.C. 3796hh)--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``States,'' and all that follows through ``units of local
government'' and inserting ``grantees'';
(ii) in paragraph (1), by inserting ``and enforcement of
protection orders across State and tribal lines'' before the
period;
(iii) in paragraph (2), by striking ``and training in
police departments to improve tracking of cases'' and
inserting ``data collection systems, and training in police
departments to improve tracking of cases and classification
of complaints'';
(iv) in paragraph (4), by inserting ``and provide the
appropriate training and education about domestic violence,
dating violence, sexual assault, and stalking'' after
``computer tracking systems'';
(v) in paragraph (5), by inserting ``and other victim
services'' after ``legal advocacy service programs'';
(vi) in paragraph (6), by striking ``judges'' and inserting
``Federal, State, tribal, territorial, and local judges, and
court-based and court-related personnel'';
(vii) in paragraph (8), by striking ``and sexual assault''
and inserting ``, dating violence, sexual assault, and
stalking'';
(viii) in paragraph (10), by striking ``non-profit, non-
governmental victim services organizations,'' and inserting
``victim service providers, population specific
organizations,''; and
(ix) by adding at the end the following:
``(14) To develop and implement training programs for
prosecutors and other prosecution-related personnel regarding
best practices to ensure offender accountability, victim
safety, and victim consultation in cases involving domestic
violence, dating violence, sexual assault, and stalking.
``(15) To develop or strengthen policies, protocols, and
training for law enforcement officers, prosecutors, and the
judiciary in recognizing, investigating, and prosecuting
instances of domestic violence, dating violence, sexual
assault, and stalking.
``(16) To develop and promote State, local, or tribal
legislation and policies that enhance best practices for
responding to the crimes of domestic violence, dating
violence, sexual assault, and stalking, including the
appropriate treatment of victims.
``(17) To develop, implement, or enhance sexual assault
nurse examiner programs or sexual assault forensic examiner
programs, including the hiring and training of such
examiners.
``(18) To develop, implement, or enhance Sexual Assault
Response Teams or similar coordinated community responses to
sexual assault.
``(19) To develop and strengthen policies, protocols, and
training for law enforcement officers and prosecutors
regarding the investigation and prosecution of sexual assault
cases and the appropriate treatment of victims of sexual
assault.
``(20) To provide the following human immunodeficiency
virus services for victims of sexual assault:
``(A) Testing.
``(B) Counseling.
``(C) Prophylaxis.
``(21) To identify and inventory backlogs of sexual assault
evidence collection kits and to develop protocols for
responding to and addressing such backlogs, including
policies and protocols for notifying and involving victims.
``(22) To develop multidisciplinary high-risk teams
focusing on reducing domestic violence and dating violence
homicides by--
``(A) using evidence-based indicators to assess the risk of
homicide and link high-risk victims to immediate crisis
intervention services;
``(B) identifying and managing high-risk offenders; and
``(C) providing ongoing victim advocacy and referrals to
comprehensive services including legal, housing, health care,
and economic assistance.'';
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by inserting
``except for a court,'' before ``certify''; and
(II) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margin
accordingly;
(ii) in paragraph (2), by inserting ``except for a court,''
before ``demonstrate'';
(iii) in paragraph (4)--
(I) by inserting ``modification, enforcement, dismissal,''
after ``registration,'' each place it appears;
(II) by inserting ``dating violence,'' after ``domestic
violence,''; and
(III) by striking ``and'' at the end;
(iv) in paragraph (5)--
(I) in the matter preceding subparagraph (A), by striking
``, not later than 3 years after the date of enactment of
this section,'';
(II) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margin
accordingly;
(III) in clause (ii), as redesignated by subclause (II) of
this clause, by striking ``subparagraph (A)'' and inserting
``clause (i)''; and
(IV) by striking the period at the end and inserting ``;
and'';
(v) by redesignating paragraphs (1) through (5), as amended
by this subparagraph, as subparagraphs (A) through (E),
respectively, and adjusting the margin accordingly;
(vi) in the matter preceding subparagraph (A), as
redesignated by clause (v) of this subparagraph--
(I) by striking the second comma; and
(II) by striking ``grantees are States'' and inserting the
following: ``grantees are--
``(1) States''; and
(vii) by adding at the end the following:
``(2) a State, tribal, or territorial domestic violence or
sexual assault coalition or a victim service provider that
partners with a State, Indian tribal government, or unit of
local government that certifies that the State, Indian tribal
government, or unit of local government meets the
requirements under paragraph (1).'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by inserting
``, policy,'' after ``law''; and
(II) in subparagraph (A), by inserting ``and the defendant
is in custody or has been served with the information or
indictment'' before the semicolon; and
(ii) in paragraph (2), by striking ``it'' and inserting
``its''; and
(D) by adding at the end the following:
``(f) Allocation for Tribal Coalitions.--Of the amounts
appropriated for purposes of this part for each fiscal year,
not less than 5 percent shall be available for grants under
section 2001(d) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg(d)).
``(g) Allocation for Sexual Assault.--Of the amounts
appropriated for purposes of this part for each fiscal year,
not less than 25 percent shall be available for projects that
address sexual assault, including stranger rape, acquaintance
rape, alcohol or drug-facilitated rape, and rape within the
context of an intimate partner relationship.''; and
(2) in section 2102(a) (42 U.S.C. 3796hh 1(a))--
(A) in paragraph (1), by inserting ``court,'' after
``tribal government,''; and
(B) in paragraph (4), by striking ``nonprofit, private
sexual assault and domestic violence programs'' and inserting
``victim service providers and, as appropriate, population
specific organizations''.
(b) Authorization of Appropriations.--Section 1001(a)(19)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(19)) is amended--
(1) by striking ``$75,000,000'' and all that follows
through ``2011'' and inserting ``$73,000,000 for each of
fiscal years 2013 through 2017''; and
(2) by striking the second period.
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.
Section 1201 of the Violence Against Women Act of 2000 (42
U.S.C. 3796gg 6) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``arising as a
consequence of'' and inserting ``relating to or arising out
of''; and
(B) in the second sentence, by inserting ``or arising out
of'' after ``relating to'';
(2) in subsection (b)--
(A) in the heading, by inserting ``and Grant Conditions''
after ``Definitions''; and
(B) by inserting ``and grant conditions'' after
``definitions'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``victim services
organizations'' and inserting ``victim service providers'';
and
(B) by striking paragraph (3) and inserting the following:
``(3) to implement, expand, and establish efforts and
projects to provide competent, supervised pro bono legal
assistance for victims of domestic violence, dating violence,
sexual assault, or stalking.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``subsection (c) has
completed'' and all that follows and inserting the following:
``this section--''
``(A) has demonstrated expertise in providing legal
assistance or advocacy to victims of domestic violence,
dating violence, sexual assault, or stalking in the targeted
population; or
``(B)(i) is partnered with an entity or person that has
demonstrated expertise described in subparagraph (A); and
``(ii) has completed, or will complete, training in
connection with domestic violence, dating violence, stalking,
or sexual assault and related legal issues, including
training on evidence-based risk factors for domestic and
dating violence homicide;''; and
(B) in paragraph (2), by striking ``stalking organization''
and inserting ``stalking victim service provider''; and
(5) in subsection (f)--
(A) in paragraph (1), by striking ``this section'' and all
that follows through the period at the end and inserting
``this section $57,000,000 for each of fiscal years 2013
through 2017.''; and
(B) in paragraph (2), by adding at the end the following
new subparagraph:
``(D) Of the amount made available under this subsection in
each fiscal year, not more than 10 percent may be used for
purposes described in subsection (c)(3).''.
[[Page H2751]]
SEC. 104. CONSOLIDATION OF GRANTS TO SUPPORT FAMILIES IN THE
JUSTICE SYSTEM.
(a) In General.--Title III of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law
106 386; 114 Stat. 1509) is amended by striking the section
preceding section 1302 (42 U.S.C. 10420), as amended by
section 306 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109 162; 119
Stat. 3016), and inserting the following:
``SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION
IMPROVEMENTS.
``(a) In General.--The Attorney General may make grants to
States, units of local government, courts (including juvenile
courts), Indian tribal governments, nonprofit organizations,
legal services providers, and victim services providers to
improve the response of all aspects of the civil and criminal
justice system to families with a history of domestic
violence, dating violence, sexual assault, or stalking, or in
cases involving allegations of child sexual abuse.
``(b) Use of Funds.--A grant under this section may be used
to--
``(1) provide supervised visitation and safe visitation
exchange of children and youth by and between parents in
situations involving domestic violence, dating violence,
child sexual abuse, sexual assault, or stalking;
``(2) develop and promote State, local, and tribal
legislation, policies, and best practices for improving civil
and criminal court functions, responses, practices, and
procedures in cases involving a history of domestic violence
or sexual assault, or in cases involving allegations of child
sexual abuse, including cases in which the victim proceeds
pro se;
``(3) educate court-based and court-related personnel
(including custody evaluators and guardians ad litem) and
child protective services workers on the dynamics of domestic
violence, dating violence, sexual assault, and stalking,
including information on perpetrator behavior, evidence-based
risk factors for domestic and dating violence homicide, and
on issues relating to the needs of victims, including safety,
security, privacy, and confidentiality, including cases in
which the victim proceeds pro se;
``(4) provide adequate resources in juvenile court matters
to respond to domestic violence, dating violence, sexual
assault (including child sexual abuse), and stalking and
ensure necessary services dealing with the physical health
and mental health of victims are available;
``(5) enable courts or court-based or court-related
programs to develop or enhance--
``(A) court infrastructure (such as specialized courts,
consolidated courts, dockets, intake centers, or interpreter
services);
``(B) community-based initiatives within the court system
(such as court watch programs, victim assistants, pro se
victim assistance programs, or community-based supplementary
services);
``(C) offender management, monitoring, and accountability
programs;
``(D) safe and confidential information-storage and
information-sharing databases within and between court
systems;
``(E) education and outreach programs to improve community
access, including enhanced access for underserved
populations; and
``(F) other projects likely to improve court responses to
domestic violence, dating violence, sexual assault, and
stalking;
``(6) collect data and provide training and technical
assistance, including developing State, local, and tribal
model codes and policies, to improve the capacity of grantees
and communities to address the civil justice needs of victims
of domestic violence, dating violence, sexual assault, and
stalking who have legal representation, who are proceeding
pro se, or who are proceeding with the assistance of a legal
advocate; and
``(7) improve training and education to assist judges,
judicial personnel, attorneys, child welfare personnel, and
legal advocates in the civil justice system regarding
domestic violence, dating violence, sexual assault, stalking,
or child abuse.
``(c) Considerations.--
``(1) In general.--In making grants for purposes described
in paragraphs (1) through (6) of subsection (b), the Attorney
General shall consider--
``(A) the number of families to be served by the proposed
programs and services;
``(B) the extent to which the proposed programs and
services serve underserved populations;
``(C) the extent to which the applicant demonstrates
cooperation and collaboration with nonprofit, nongovernmental
entities in the local community with demonstrated histories
of effective work on domestic violence, dating violence,
sexual assault, or stalking, including State or tribal
domestic violence coalitions, State or tribal sexual assault
coalitions, local shelters, and programs for domestic
violence and sexual assault victims; and
``(D) the extent to which the applicant demonstrates
coordination and collaboration with State, tribal, and local
court systems, including mechanisms for communication and
referral.
``(2) Other grants.--In making grants under subsection
(b)(8) the Attorney General shall take into account the
extent to which the grantee has expertise addressing the
judicial system's handling of family violence, child custody,
child abuse and neglect, adoption, foster care, supervised
visitation, divorce, and parentage.
``(d) Applicant Requirements.--The Attorney General may
make a grant under this section to an applicant that--
``(1) demonstrates expertise in the areas of domestic
violence, dating violence, sexual assault, stalking, or child
sexual abuse, as appropriate;
``(2) ensures that any fees charged to individuals for use
of supervised visitation programs and services are based on
the income of those individuals, unless otherwise provided by
court order;
``(3) if the applicant proposes to operate supervised
visitation programs and services or safe visitation exchange,
demonstrates that adequate security measures, including
adequate facilities, procedures, and personnel capable of
preventing violence, and adequate standards are, or will be,
in place (including the development of protocols or policies
to ensure that confidential information is not shared with
courts, law enforcement agencies, or child welfare agencies
unless necessary to ensure the safety of any child or adult
using the services of a program funded under this section);
``(4) certifies that the organizational policies of the
applicant do not require mediation or counseling involving
offenders and victims being physically present in the same
place, in cases where domestic violence, dating violence,
sexual assault, or stalking is alleged;
``(5) certifies that any person providing legal assistance
through a program funded under this section has completed or
will complete training on domestic violence, dating violence,
sexual assault, and stalking, including child sexual abuse,
and related legal issues; and
``(6) certifies that any person providing custody
evaluation or guardian ad litem services through a program
funded under this section has completed or will complete
training, developed with input from and in collaboration with
a tribal, State, territorial, or local domestic violence,
dating violence, sexual assault, or stalking victim service
provider or coalition, on the dynamics of domestic violence
and sexual assault, including child sexual abuse, that
includes training on how to review evidence of past abuse and
the use of evidenced-based theories to make recommendations
on custody and visitation.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $22,000,000 for
each of the fiscal years 2013 through 2017. Amounts
appropriated pursuant to this subsection are authorized to
remain available until expended.
``(f) Allotment for Indian Tribes.--
``(1) In general.--Not less than 10 percent of the total
amount available under this section for each fiscal year
shall be available for grants under the program authorized by
section 2015 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg 10).
``(2) Applicability of part.--The requirements of this
section shall not apply to funds allocated for the program
described in paragraph (1).''.
(b) Technical and Conforming Amendment.--Subtitle J of the
Violence Against Women Act of 1994 (42 U.S.C. 14043 et seq.)
is repealed.
SEC. 105. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Subtitle B of title II of the Crime Control Act of 1990 (42
U.S.C. 13011 et seq.) is amended--
(1) in section 216 (42 U.S.C. 13012), by striking ``January
1, 2010'' and inserting ``January 1, 2015'';
(2) in section 217 (42 U.S.C. 13013)--
(A) in subsection (c)(2)(A), by striking ``Code of Ethics''
and inserting ``Standards for Programs''; and
(B) by adding at the end the following new subsection:
``(e) Reporting.--An organization that receives a grant
under this section for a fiscal year shall submit to the
Administrator a report regarding the use of the grant for the
fiscal year, including a discussion of outcome performance
measures (which shall be established by the Administrator) to
determine the effectiveness of the programs of the
organization in meeting the needs of children in the child
welfare system.''; and
(3) in section 219(a) (42 U.S.C. 13014(a)), by striking
``fiscal years 2007 through 2011'' and inserting ``fiscal
years 2013 through 2017''.
SEC. 106. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS
GRANT.
Section 120 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045) is
amended to read as follows:
``SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UNDERSERVED
POPULATIONS.
``(a) Grants Authorized.--
``(1) In general.--Of the amounts appropriated under the
grant programs identified in paragraph (2), the Attorney
General shall take 2 percent of such appropriated amounts and
combine them to award grants to eligible entities described
in subsection (b) of this section to develop and implement
outreach strategies targeted at adult or youth victims of
domestic violence, dating violence, sexual assault, or
stalking in underserved populations and to provide victim
services to meet the needs of adult and youth victims of
domestic violence, dating violence, sexual assault, and
stalking in underserved populations. The requirements of the
grant programs identified in paragraph (2) shall not apply to
this grant program.
``(2) Programs covered.--The programs identified in this
paragraph are the programs carried out under the following
provisions:
``(A) Part T of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (STOP grants).
``(B) Part U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (Grants to encourage arrest
policies).
``(b) Eligible Entities.--Eligible entities under this
section are--
``(1) population specific organizations that have
demonstrated experience and expertise in providing population
specific services in the relevant underserved communities, or
population specific organizations working in partnership with
a victim service provider or domestic violence or sexual
assault coalition;
[[Page H2752]]
``(2) victim service providers offering population specific
services for a specific underserved population; or
``(3) victim service providers working in partnership with
a national, State, or local organization that has
demonstrated experience and expertise in providing population
specific services in the relevant underserved population.
``(c) Planning Grants.--The Attorney General may use up to
20 percent of funds available under this section to make one-
time planning grants to eligible entities to support the
planning and development of specially designed and targeted
programs for adult and youth victims in one or more
underserved populations, including--
``(1) identifying, building, and strengthening partnerships
with potential collaborators within underserved populations,
Federal, State, tribal, territorial or local government
entities, and public and private organizations;
``(2) conducting a needs assessment of the community and
the targeted underserved population or populations to
determine what the barriers are to service access and what
factors contribute to those barriers, using input from the
targeted underserved population or populations;
``(3) identifying promising prevention, outreach, and
intervention strategies for victims from a targeted
underserved population or populations; and
``(4) developing a plan, with the input of the targeted
underserved population or populations, for--
``(A) implementing prevention, outreach, and intervention
strategies to address the barriers to accessing services;
``(B) promoting community engagement in the prevention of
domestic violence, dating violence, sexual assault, and
stalking within the targeted underserved populations; and
``(C) evaluating the program.
``(d) Implementation Grants.--The Attorney General shall
make grants to eligible entities for the purpose of providing
or enhancing population specific outreach and victim services
to adult and youth victims in one or more underserved
populations, including--
``(1) working with Federal, State, tribal, territorial and
local governments, agencies, and organizations to develop or
enhance population specific victim services;
``(2) strengthening the capacity of underserved populations
to provide population specific services;
``(3) strengthening the capacity of traditional victim
service providers to provide population specific services;
``(4) strengthening the effectiveness of criminal and civil
justice interventions by providing training for law
enforcement, prosecutors, judges and other court personnel on
domestic violence, dating violence, sexual assault, or
stalking in underserved populations; or
``(5) working in cooperation with an underserved population
to develop and implement outreach, education, prevention, and
intervention strategies that highlight available resources
and the specific issues faced by victims of domestic
violence, dating violence, sexual assault, or stalking from
underserved populations.
``(e) Application.--An eligible entity desiring a grant
under this section shall submit an application to the
Director of the Office on Violence Against Women at such
time, in such form, and in such manner as the Director may
prescribe.
``(f) Reports.--Each eligible entity receiving a grant
under this section shall annually submit to the Director of
the Office on Violence Against Women a report that describes
the activities carried out with grant funds during the
preceding fiscal year.
``(g) Definitions and Grant Conditions.--In this section
the definitions and grant conditions in section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925) shall
apply.
``(h) Authorization of Appropriations.--In addition to the
funds identified in subsection (a)(1), there are authorized
to be appropriated to carry out this section $2,000,000 for
each of the fiscal years 2013 through 2017.''.
SEC. 107. CULTURALLY SPECIFIC SERVICES GRANT.
Section 121 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045a) is
amended--
(1) in the section heading, by striking ``and
linguistically'';
(2) by striking ``and linguistically'' each place it
appears;
(3) by striking ``and linguistic'' each place it appears;
(4) by amending paragraph (2) of subsection (a) to read as
follows:
``(2) Programs covered.--The programs identified in this
paragraph are the programs carried out under the following
provisions:
``(A) Part U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh) (Grants to
encourage arrest policies).
``(B) Section 1201 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (42 U.S.C.
3796gg 6) (Legal assistance for victims).
``(C) Section 40295 of the Violence Against Women Act of
1994 (42 U.S.C. 13971) (Rural domestic violence, dating
violence, sexual assault, stalking, and child abuse
enforcement assistance).
``(D) Section 40802 of the Violence Against Women Act of
1994 (42 U.S.C. 14041a) (Enhanced training and services to
end violence against women later in life).
``(E) Section 1402 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (42 U.S.C.
3796gg 7) (Education, training, and enhanced services to end
violence against and abuse of women with disabilities).'';
and
(5) in subsection (g), by striking ``linguistic and''.
SEC. 108. REDUCTION IN RAPE KIT BACKLOG.
Section 2(c)(3) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135(c)(3)), is amended--
(1) in subparagraph (B), by striking ``2014'' and inserting
``2012''; and
(2) by adding at the end the following new subparagraph:
``(C) For each of the fiscal years 2013 and 2014, not less
than 75 percent of the grant amounts shall be awarded for
purposes under subsection (a)(2).''.
SEC. 109. ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT TRAINING
PROGRAMS.
Section 40152(c) of the Violence Against Women Act of 1994
(42 U.S.C. 13941(c)) is amended by striking ``to carry out
this section'' and all that follows through the period at the
end and inserting ``to carry out this section $5,000,000 for
each of fiscal years 2013 through 2017.''.
SEC. 110. CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL
PERSONNEL AND PRACTITIONERS.
Section 224(a) of the Victims of Child Abuse Act of 1990
(42 U.S.C. 13024(a)) is amended by striking ``$2,300,000''
and all that follows through the period at the end and
inserting ``$2,300,000 for each of fiscal years 2013 through
2017.''.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
(a) Grants to States and Territories.--Section 41601(b) of
the Violence Against Women Act of 1994 (42 U.S.C. 14043g(b))
is amended--
(1) in paragraph (1), by striking ``other programs'' and
all that follows through the period at the end and inserting
``other nongovernmental or tribal programs and projects to
assist individuals who have been victimized by sexual
assault, without regard to the age of the individual.'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``nonprofit,
nongovernmental organizations for programs and activities''
and inserting ``nongovernmental or tribal programs and
activities''; and
(B) in subparagraph (C)(v), by striking ``linguistically
and''; and
(3) in paragraph (4)--
(A) in the first sentence--
(i) by inserting ``and territory'' after ``each State'';
(ii) by striking ``1.50 percent'' and inserting ``0.75
percent''; and
(iii) by striking ``, except that'' and all that follows
through ``of the total appropriations''; and
(B) in the last sentence, by striking ``the preceding
formula'' and inserting ``this paragraph''.
(b) Authorization of Appropriations.--Section 41601(f)(1)
of the Violence Against Women Act of 1994 (42 U.S.C.
14043g(f)(1)) is amended by striking ``$50,000,000 to remain
available until expended for each of the fiscal years 2007
through 2011'' and inserting ``$40,000,000 to remain
available until expended for each of fiscal years 2013
through 2017''.
SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT
ASSISTANCE.
Section 40295 of the Violence Against Women Act of 1994 (42
U.S.C. 13971) is amended--
(1) in subsection (a)(1)(H), by inserting ``, including
sexual assault forensic examiners'' before the semicolon;
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``victim advocacy groups'' and inserting
``victim service providers''; and
(ii) by inserting ``, including developing
multidisciplinary teams focusing on high-risk cases with the
goal of preventing domestic and dating violence homicides''
before the semicolon;
(B) in paragraph (2)--
(i) by striking ``and other long- and short-term
assistance'' and inserting ``legal assistance, and other
long-term and short-term victim services and population
specific services''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) to develop, expand, or strengthen programs addressing
sexual assault, including sexual assault forensic examiner
programs, Sexual Assault Response Teams, law enforcement
training, and programs addressing rape kit backlogs.''; and
(3) in subsection (e)(1), by striking ``$55,000,000 for
each of the fiscal years 2007 through 2011'' and inserting
``$50,000,000 for each of fiscal years 2013 through 2017''.
SEC. 203. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN
WITH DISABILITIES GRANTS.
Section 1402 of division B of the Victims of Trafficking
and Violence Protection Act of 2000 (42 U.S.C. 3796gg 7) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``(including using
evidence-based indicators to assess the risk of domestic and
dating violence homicide)'' after ``risk reduction'';
(B) in paragraph (4), by striking ``victim service
organizations'' and inserting ``victim service providers'';
and
(C) in paragraph (5), by striking ``victim services
organizations'' and inserting ``victim service providers'';
(2) in subsection (c)(1)(D), by striking ``nonprofit and
nongovernmental victim services organization, such as a
State'' and inserting ``victim service provider, such as a
State or tribal''; and
(3) in subsection (e), by striking ``$10,000,000 for each
of the fiscal years 2007 through 2011''
[[Page H2753]]
and inserting ``$9,000,000 for each of fiscal years 2013
through 2017''.
SEC. 204. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE
AGAINST WOMEN IN LATER LIFE.
Section 40802 of the Violence Against Women Act of 1994 (42
U.S.C. 14041a) is amended to read as follows:
``SEC. 40802. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE
AGAINST WOMEN IN LATER LIFE.
``(a) Definitions.--In this section:
``(1) The term `eligible entity' means an entity that--
``(A) is--
``(i) a State;
``(ii) a unit of local government;
``(iii) a tribal government or tribal organization;
``(iv) a population specific organization with demonstrated
experience in assisting individuals in later life;
``(v) a victim service provider; or
``(vi) a State, tribal, or territorial domestic violence or
sexual assault coalition; and
``(B) is partnered with--
``(i) a law enforcement agency;
``(ii) an office of a prosecutor;
``(iii) a victim service provider; or
``(iv) a nonprofit program or government agency with
demonstrated experience in assisting individuals in later
life.
``(2) The term `elder abuse' means domestic violence,
dating violence, sexual assault, or stalking committed
against individuals in later life.
``(3) The term `individual in later life' means an
individual who is 60 years of age or older.
``(b) Grant Program.--
``(1) Grants authorized.--The Attorney General may make
grants to eligible entities to carry out the activities
described in paragraph (2). In awarding such grants, the
Attorney General shall consult with the Secretary of Health
and Human Services to ensure that the activities funded under
this section are not duplicative with the activities funded
under the elder abuse prevention programs of the Department
of Health and Human Services.
``(2) Mandatory and permissible activities.--
``(A) Mandatory activities.--An eligible entity receiving a
grant under this section shall use the funds received under
the grant to--
``(i) provide training programs to assist law enforcement
agencies, prosecutors, agencies of States or units of local
government, population specific organizations, victim service
providers, victim advocates, and relevant officers in
Federal, tribal, State, territorial, and local courts in
recognizing and addressing instances of elder abuse;
``(ii) provide or enhance services for victims of elder
abuse;
``(iii) establish or support multidisciplinary
collaborative community responses to victims of elder abuse;
and
``(iv) conduct cross-training for law enforcement agencies,
prosecutors, agencies of States or units of local government,
attorneys, health care providers, population specific
organizations, faith-based advocates, victim service
providers, and courts to better serve victims of elder abuse.
``(B) Permissible activities.--An eligible entity receiving
a grant under this section may use not more than 10 percent
of the funds received under the grant to--
``(i) provide training programs to assist attorneys, health
care providers, faith-based leaders, or other community-based
organizations in recognizing and addressing instances of
elder abuse; or
``(ii) conduct outreach activities and awareness campaigns
to ensure that victims of elder abuse receive appropriate
assistance.
``(3) Underserved populations.--In making grants under this
section, the Attorney General shall give priority to
proposals providing culturally specific or population
specific services.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $9,000,000 for
each of fiscal years 2013 through 2017.''.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
SEC. 301. RAPE PREVENTION AND EDUCATION GRANT.
Section 393A of the Public Health Service Act (42 U.S.C.
280b 1b) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting ``,
territorial, or tribal'' after ``crisis centers, State''; and
(B) in paragraph (6), by inserting ``and alcohol'' after
``about drugs'';
(2) in subsection (c)(1), by striking ``$80,000,000 for
each of fiscal years 2007 through 2011'' and inserting
``$50,000,000 for each of fiscal years 2013 through 2017'';
and
(3) in subsection (c), by adding at the end the following
new paragraph:
``(3) Funding formula.--Amounts provided under this section
shall be allotted to each State, territory, and the District
of Columbia based on population. If the amounts appropriated
under paragraph (1) exceed $48,000,000 in any fiscal year, a
minimum allocation of $150,000 shall be awarded to each State
and territory and the District of Columbia. Any remaining
funds shall be allotted to each State and territory and the
District of Columbia based on population.''.
SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES,
AND EDUCATION FOR CHILDREN AND YOUTH.
(a) In General.--Subtitle L of the Violence Against Women
Act of 1994 (42 U.S.C. 14043c et seq.) is amended by striking
sections 41201 through 41204 and inserting the following:
``SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS,
SERVICES, AND EDUCATION FOR CHILDREN AND YOUTH
(CHOOSE CHILDREN AND YOUTH).
``(a) Grants Authorized.--The Attorney General, working in
collaboration with the Secretary of Health and Human Services
and the Secretary of Education, shall award grants to enhance
the safety of youth and children who are victims of, or
exposed to, domestic violence, dating violence, sexual
assault, or stalking and to prevent future violence.
``(b) Program Purposes.--Funds provided under this section
may be used for the following program purpose areas:
``(1) Services to advocate for and respond to youth.--To
develop, expand, and strengthen victim interventions and
services that target youth who are victims of domestic
violence, dating violence, sexual assault, and stalking.
Services may include victim services, counseling, advocacy,
mentoring, educational support, transportation, legal
assistance in civil, criminal and administrative matters,
such as family law cases, housing cases, child welfare
proceedings, campus administrative proceedings, and civil
protection order proceedings, services to address sex
trafficking, population specific services, and other
activities that support youth in finding safety, stability,
and justice and in addressing the emotional, cognitive, and
physical effects of trauma on youth. Funds may be used to--
``(A) assess and analyze available services for youth
victims of domestic violence, dating violence, sexual
assault, and stalking, determining relevant barriers to such
services in a particular locality, and developing a community
protocol to address such problems collaboratively;
``(B) develop and implement policies, practices, and
procedures to effectively respond to domestic violence,
dating violence, sexual assault, or stalking against youth;
or
``(C) provide technical assistance and training to enhance
the ability of school personnel, victim service providers,
child protective service workers, staff of law enforcement
agencies, prosecutors, court personnel, individuals who work
in after school programs, medical personnel, social workers,
mental health personnel, and workers in other programs that
serve children and youth to improve their ability to
appropriately respond to the needs of children and youth who
are victims of domestic violence, dating violence, sexual
assault, and stalking, as well as homeless youth, and to
properly refer such children, youth, and their families to
appropriate services.
``(2) Supporting youth through education and protection.--
To enable secondary or elementary schools that serve students
in any of grades five through twelve and institutions of
higher education to--
``(A) provide training to school personnel, including
health care providers and security personnel, on the needs of
students who are victims of domestic violence, dating
violence, sexual assault, or stalking;
``(B) develop and implement age-appropriate prevention and
intervention policies in accordance with State law in
secondary or elementary schools that serve students in any of
grades five through twelve, including appropriate responses
to, and identification and referral procedures for, students
who are experiencing or perpetrating domestic violence,
dating violence, sexual assault, or stalking, and procedures
for handling the requirements of court protective orders
issued to or against students;
``(C) provide support services for student victims of
domestic violence, dating violence, sexual assault, or
stalking, such as a resource person who is either on-site or
on-call;
``(D) provide evidence-based educational programs for
students regarding domestic violence, dating violence, sexual
assault, and stalking; or
``(E) develop strategies to increase identification,
support, referrals, and prevention programs for youth who are
at high risk of domestic violence, dating violence, sexual
assault, or stalking.
``(c) Eligible Applicants.--
``(1) In general.--To be eligible to receive a grant under
this section, an entity shall be--
``(A) a victim service provider, tribal nonprofit
organization, population specific organization, or community-
based organization with a demonstrated history of effective
work addressing the needs of youth, including runaway or
homeless youth, who are victims of domestic violence, dating
violence, sexual assault, or stalking; or
``(B) a victim service provider that is partnered with an
entity that has a demonstrated history of effective work
addressing the needs of youth.
``(2) Partnerships.--
``(A) Education.--To be eligible to receive a grant for the
purposes described in subsection (b)(2), an entity described
in paragraph (1) shall be partnered with an elementary school
or secondary school (as such terms are defined in section
9101 of the Elementary and Secondary Education Act of 1965),
charter school (as defined in section 5210 of such Act), a
school that is operated or supported by the Bureau of Indian
Education, or a legally operating private school, a school
administered by the Department of Defense under section 2164
of title 10, United States Code, or section 1402 of the
Defense Dependents' Education Act of 1978, a group of such
schools, a local educational agency (as defined in section
9101(26) of the Elementary and Secondary Education Act of
1965), or an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965).
``(B) Other partnerships.--All applicants under this
section are encouraged to work in partnership with
organizations and agencies that work with the relevant youth
population. Such entities may include--
``(i) a State, tribe, unit of local government, or
territory;
``(ii) a population specific or community-based
organization;
[[Page H2754]]
``(iii) batterer intervention programs or sex offender
treatment programs with specialized knowledge and experience
working with youth offenders; or
``(iv) any other agencies or nonprofit, nongovernmental
organizations with the capacity to provide effective
assistance to the adult, youth, and child victims served by
the partnership.
``(d) Grantee Requirements.--Applicants for grants under
this section shall establish and implement policies,
practices, and procedures that--
``(1) require and include appropriate referral systems for
child and youth victims;
``(2) protect the confidentiality and privacy of child and
youth victim information, particularly in the context of
parental or third-party involvement and consent, mandatory
reporting duties, and working with other service providers
with priority on victim safety and autonomy;
``(3) ensure that all individuals providing intervention or
prevention programs to children or youth through a program
funded under this section have completed, or will complete,
sufficient training in connection with domestic violence,
dating violence, sexual assault, and stalking; and
``(4) ensure that parents are informed of the programs
funded under this program that are being offered at their
child's school.
``(e) Priority.--The Attorney General shall prioritize
grant applications under this section that coordinate with
prevention programs in the community.
``(f) Definitions and Grant Conditions.--In this section,
the definitions and grant conditions provided for in section
40002 shall apply.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $15,000,000 for
each of the fiscal years 2013 through 2017.
``(h) Allotment.--
``(1) In general.--Not less than 50 percent of the total
amount appropriated under this section for each fiscal year
shall be used for the purposes described in subsection
(b)(1).
``(2) Indian tribes.--Not less than 10 percent of the total
amount appropriated under this section for each fiscal year
shall be made available for grants under the program
authorized by section 2015 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg 10).''.
(b) VAWA Grant Requirements.--Section 40002(b) of the
Violence Against Women Act of 1994 (42 U.S.C. 13925(b)), as
amended by section 3(b)(4), is further amended by adding at
the end the following:
``(14) Requirement for evidence-based programs.--Any
educational programming, training, or public awareness
communications regarding domestic violence, dating violence,
sexual assault, or stalking that are funded under this title
must be evidence-based.''.
SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
Section 304 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045b) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``and'' after ``stalking on campuses,'';
(ii) by striking ``crimes against women on'' and inserting
``crimes on''; and
(iii) by inserting ``, and to develop and strengthen
prevention education and awareness programs'' before the
period; and
(B) in paragraph (2), by striking ``$500,000'' and
inserting ``$300,000'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by inserting ``, strengthen,'' after ``To develop'';
and
(ii) by striking ``assault and stalking,'' and inserting
``assault, and stalking, including the use of technology to
commit these crimes,'';
(B) in paragraph (4)--
(i) by inserting ``and population specific services'' after
``strengthen victim services programs'';
(ii) by striking ``entities carrying out'' and all that
follows through ``stalking victim services programs'' and
inserting ``victim service providers''; and
(iii) by inserting ``, regardless of whether the services
provided by such program are provided by the institution or
in coordination with community victim service providers''
before the period at the end; and
(C) by adding at the end the following:
``(9) To provide evidence-based educational programming for
students regarding domestic violence, dating violence, sexual
assault, and stalking.
``(10) To develop or adapt population specific strategies
and projects for victims of domestic violence, dating
violence, sexual assault, and stalking from underserved
populations on campus.'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``any non-profit'' and
all that follows through the first occurrence of ``victim
services programs'' and inserting ``victim service
providers'';
(ii) by redesignating subparagraphs (D) through (F) as
subparagraphs (E) through (G), respectively; and
(iii) by inserting after subparagraph (C), the following:
``(D) describe how underserved populations in the campus
community will be adequately served, including the provision
of relevant population specific services;''; and
(B) in paragraph (3), by striking ``2007 through 2011'' and
inserting ``2013 through 2017'';
(4) in subsection (d)--
(A) by striking paragraph (3); and
(B) by inserting after paragraph (2), the following:
``(3) Grantee minimum requirements.--Each grantee shall
comply with the following minimum requirements during the
grant period:
``(A) The grantee shall create a coordinated community
response including both organizations external to the
institution and relevant divisions of the institution.
``(B) The grantee shall establish a mandatory prevention
and education program on domestic violence, dating violence,
sexual assault, and stalking for all incoming students.
``(C) The grantee shall train all campus law enforcement to
respond effectively to domestic violence, dating violence,
sexual assault, and stalking.
``(D) The grantee shall train all members of campus
disciplinary boards to respond effectively to situations
involving domestic violence, dating violence, sexual assault,
or stalking.''; and
(5) in subsection (e), by striking ``$12,000,000'' and all
that follows through the period and inserting ``$12,000,000
for each of the fiscal years 2013 through 2017.''.
SEC. 304. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.
(a) Establishment.--Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended by adding at the end the following new part:
``PART LL--NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY
``SEC. 3021. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.
``(a) Authority to Establish and Operate Center.--
``(1) In general.--The Director of the Office of Community
Oriented Policing Services is authorized to establish and
operate a National Center for Campus Public Safety (referred
to in this section as the `Center').
``(2) Grant authority.--The Director of the Office of
Community Oriented Policing Services is authorized to award
grants to institutions of higher education and other
nonprofit organizations to assist in carrying out the
functions of the Center required under subsection (b).
``(b) Functions of the Center.--The center shall--
``(1) provide quality education and training for campus
public safety agencies of institutions of higher education
and the agencies' collaborative partners, including campus
mental health agencies;
``(2) foster quality research to strengthen the safety and
security of institutions of higher education;
``(3) serve as a clearinghouse for the identification and
dissemination of information, policies, procedures, and best
practices relevant to campus public safety, including off-
campus housing safety, the prevention of violence against
persons and property, and emergency response and evacuation
procedures;
``(4) develop protocols, in conjunction with the Attorney
General, the Secretary of Homeland Security, the Secretary of
Education, State, local, and tribal governments and law
enforcement agencies, private and nonprofit organizations and
associations, and other stakeholders, to prevent, protect
against, respond to, and recover from, natural and man-made
emergencies or dangerous situations involving an immediate
threat to the health or safety of the campus community;
``(5) promote the development and dissemination of
effective behavioral threat assessment and management models
to prevent campus violence;
``(6) coordinate campus safety information (including ways
to increase off-campus housing safety) and resources
available from the Department of Justice, the Department of
Homeland Security, the Department of Education, State, local,
and tribal governments and law enforcement agencies, and
private and nonprofit organizations and associations;
``(7) increase cooperation, collaboration, and consistency
in prevention, response, and problem-solving methods among
law enforcement, mental health, and other agencies and
jurisdictions serving institutions of higher education;
``(8) develop standardized formats and models for mutual
aid agreements and memoranda of understanding between campus
security agencies and other public safety organizations and
mental health agencies; and
``(9) report annually to Congress and the Attorney General
on activities performed by the Center during the previous 12
months.
``(c) Coordination With Available Resources.--In
establishing the Center, the Director of the Office of
Community Oriented Policing Services shall--
``(1) consult with the Secretary of Homeland Security, the
Secretary of Education, and the Attorney General of each
State; and
``(2) coordinate the establishment and operation of the
Center with campus public safety resources that may be
available within the Department of Homeland Security and the
Department of Education.
``(d) Definition of Institution of Higher Education.--In
this section, the term `institution of higher education' has
the meaning given the term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).''.
(b) Justice Program Consolidations.--Effective 30 days
after the date of enactment of this section, the Office of
Dispute Resolution of the Department of Justice and the
jurisdiction and employees of such office shall be--
(1) transferred to the Office of Legal Policy of the
Department of Justice; and
(2) funded through the general administration appropriation
of the Office of Legal Policy.
TITLE IV--VIOLENCE REDUCTION PRACTICES
SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL
AND PREVENTION.
Section 402(c) of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (42 U.S.C. 280b 4(c))
is amended by striking ``$2,000,000 for each of the fiscal
years 2007
[[Page H2755]]
through 2011'' and inserting ``$1,000,000 for each of the
fiscal years 2013 through 2017''.
SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH
PREVENTION GRANTS.
(a) SMART Prevention.--Section 41303 of the Violence
Against Women Act of 1994 (42 U.S.C. 14043d 2) is amended to
read as follows:
``SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES THROUGH
PREVENTION (SMART PREVENTION).
``(a) Grants Authorized.--The Attorney General, in
consultation with the Secretary of Health and Human Services
and the Secretary of Education, is authorized to award grants
for the purpose of preventing domestic violence, dating
violence, sexual assault, and stalking by taking a
comprehensive approach that focuses on youth, children
exposed to violence, and men as leaders and influencers of
social norms.
``(b) Use of Funds.--Funds provided under this section may
be used for the following purposes:
``(1) Teen dating violence awareness and prevention.--To
develop, maintain, or enhance programs that change attitudes
and behaviors around the acceptability of domestic violence,
dating violence, sexual assault, and stalking and provide
education and skills training to young individuals and
individuals who influence young individuals. The prevention
program may use evidence-based, evidence-informed, or
innovative strategies and practices focused on youth. Such a
program should include--
``(A) evidence-based age education on domestic violence,
dating violence, sexual assault, stalking, and sexual
coercion, as well as healthy relationship skills, in school,
in the community, or in health care settings;
``(B) community-based collaboration and training for those
with influence on youth, such as parents, teachers, coaches,
health care providers, faith-leaders, older teens, and
mentors;
``(C) education and outreach to change environmental
factors contributing to domestic violence, dating violence,
sexual assault, and stalking; and
``(D) policy development targeted to prevention, including
school-based policies and protocols.
``(2) Children exposed to violence and abuse.--To develop,
maintain or enhance programs designed to prevent future
incidents of domestic violence, dating violence, sexual
assault, and stalking by preventing, reducing and responding
to children's exposure to violence in the home. Such programs
may include--
``(A) providing services for children exposed to domestic
violence, dating violence, sexual assault or stalking,
including direct counseling or advocacy, and support for the
non-abusing parent; and
``(B) training and coordination for educational, after-
school, and childcare programs on how to safely and
confidentially identify children and families experiencing
domestic violence, dating violence, sexual assault, or
stalking and properly refer children exposed and their
families to services and violence prevention programs.
``(3) Engaging men as leaders and role models.--To develop,
maintain or enhance programs that work with men to prevent
domestic violence, dating violence, sexual assault, and
stalking by helping men to serve as role models and social
influencers of other men and youth at the individual, school,
community or statewide levels.
``(c) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be--
``(1) a victim service provider, community-based
organization, tribe or tribal organization, or other
nonprofit, nongovernmental organization that has a history of
effective work preventing domestic violence, dating violence,
sexual assault, or stalking and expertise in the specific
area for which they are applying for funds; or
``(2) a partnership between a victim service provider,
community-based organization, tribe or tribal organization,
or other nonprofit, nongovernmental organization that has a
history of effective work preventing domestic violence,
dating violence, sexual assault, or stalking and at least one
of the following that has expertise in serving children
exposed to domestic violence, dating violence, sexual
assault, or stalking, youth domestic violence, dating
violence, sexual assault, or stalking prevention, or engaging
men to prevent domestic violence, dating violence, sexual
assault, or stalking:
``(A) A public, charter, tribal, or nationally accredited
private middle or high school, a school administered by the
Department of Defense under section 2164 of title 10, United
States Code or section 1402 of the Defense Dependents'
Education Act of 1978, a group of schools, or a school
district.
``(B) A local community-based organization, population-
specific organization, or faith-based organization that has
established expertise in providing services to youth.
``(C) A community-based organization, population-specific
organization, university or health care clinic, faith-based
organization, or other nonprofit, nongovernmental
organization.
``(D) A nonprofit, nongovernmental entity providing
services for runaway or homeless youth affected by domestic
violence, dating violence, sexual assault, or stalking.
``(E) Health care entities eligible for reimbursement under
title XVIII of the Social Security Act, including providers
that target the special needs of children and youth.
``(F) Any other agencies, population-specific
organizations, or nonprofit, nongovernmental organizations
with the capacity to provide necessary expertise to meet the
goals of the program.
``(d) Grantee Requirements.--
``(1) In general.--Applicants for grants under this section
shall prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require that demonstrates the capacity of
the applicant and partnering organizations to undertake the
project.
``(2) Policies and procedures.--Applicants under this
section shall establish and implement policies, practices,
and procedures that are consistent with the best practices
developed under section 402 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
280b 4) and--
``(A) include appropriate referral systems to direct any
victim identified during program activities to highly
qualified follow-up care;
``(B) protect the confidentiality and privacy of adult and
youth victim information, particularly in the context of
parental or third-party involvement and consent, mandatory
reporting duties, and working with other service providers;
``(C) ensure that all individuals providing prevention
programming through a program funded under this section have
completed or will complete sufficient training in connection
with domestic violence, dating violence, sexual assault or
stalking; and
``(D) document how prevention programs are coordinated with
service programs in the community.
``(3) Preference.--In selecting grant recipients under this
section, the Attorney General shall give preference to
applicants that--
``(A) include outcome-based evaluation; and
``(B) identify any other community, school, or State-based
efforts that are working on domestic violence, dating
violence, sexual assault, or stalking prevention and explain
how the grantee or partnership will add value, coordinate
with other programs, and not duplicate existing efforts.
``(e) Definitions and Grant Conditions.--In this section,
the definitions and grant conditions provided for in section
40002 shall apply.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $15,000,000 for
each of fiscal years 2013 through 2017.
``(g) Allotment.--
``(1) In general.--Not less than 25 percent of the total
amounts appropriated under this section in each fiscal year
shall be used for each set of purposes described in
paragraphs (1), (2), and (3) of subsection (b).
``(2) Indian tribes.--Not less than 10 percent of the total
amounts appropriated under this section in each fiscal year
shall be made available for grants to Indian tribes or tribal
organizations.''.
(b) Repeals.--The following provisions are repealed:
(1) Sections 41304 and 41305 of the Violence Against Women
Act of 1994 (42 U.S.C. 14043d 3 and 14043d 4).
(2) Section 403 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
14045c).
TITLE V--STRENGTHENING THE HEALTH CARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN THE HEALTH
CARE SYSTEM'S RESPONSE TO DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
(a) Grants.--Section 399P of the Public Health Service Act
(42 U.S.C. 280g 4) is amended to read as follows:
``SEC. 399P. GRANTS TO STRENGTHEN THE HEALTH CARE SYSTEM'S
RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING.
``(a) In General.--The Secretary shall award grants for--
``(1) the development or enhancement and implementation of
interdisciplinary training for health professionals, public
health staff, and allied health professionals;
``(2) the development or enhancement and implementation of
education programs for medical, nursing, dental, and other
health profession students and residents to prevent and
respond to domestic violence, dating violence, sexual
assault, and stalking; and
``(3) the development or enhancement and implementation of
comprehensive statewide strategies to improve the response of
clinics, public health facilities, hospitals, and other
health settings (including behavioral and mental health
programs) to domestic violence, dating violence, sexual
assault, and stalking.
``(b) Use of Funds.--
``(1) Required uses.--Amounts provided under a grant under
this section shall be used to--
``(A) fund interdisciplinary training and education
programs under paragraphs (1) and (2) of subsection (a)
that--
``(i) are designed to train medical, psychology, dental,
social work, nursing, and other health profession students,
interns, residents, fellows, or current health care providers
to identify and provide health care services (including
mental or behavioral health care services and referrals to
appropriate community services) to individuals who are or who
have been victims of domestic violence, dating violence,
sexual assault, or stalking; and
``(ii) plan and develop clinical training components for
integration into approved internship, residency, and
fellowship training or continuing medical or other health
education training that address physical, mental, and
behavioral health issues, including protective factors,
related to domestic violence, dating violence, sexual
assault, stalking, and other forms of violence and abuse,
focus on reducing health disparities and preventing violence
and abuse, and include the primacy of victim safety and
confidentiality; and
[[Page H2756]]
``(B) design and implement comprehensive strategies to
improve the response of the health care system to domestic or
sexual violence in clinical and public health settings,
hospitals, clinics, and other health settings (including
behavioral and mental health), under subsection (a)(3)
through--
``(i) the implementation, dissemination, and evaluation of
policies and procedures to guide health professionals and
public health staff in identifying and responding to domestic
violence, dating violence, sexual assault, and stalking,
including strategies to ensure that health information is
maintained in a manner that protects the patient's privacy
and safety, and safely uses health information technology to
improve documentation, identification, assessment, treatment,
and follow-up care;
``(ii) the development of on-site access to services to
address the safety, medical, and mental health needs of
patients by increasing the capacity of existing health care
professionals and public health staff to address domestic
violence, dating violence, sexual assault, and stalking, or
by contracting with or hiring domestic or sexual assault
advocates to provide such services or to model other services
appropriate to the geographic and cultural needs of a site;
``(iii) the development of measures and methods for the
evaluation of the practice of identification, intervention,
and documentation regarding victims of domestic violence,
dating violence, sexual assault, and stalking, including the
development and testing of quality improvement measurements;
and
``(iv) the provision of training and followup technical
assistance to health care professionals, and public health
staff, and allied health professionals to identify, assess,
treat, and refer clients who are victims of domestic
violence, dating violence, sexual assault, or stalking,
including using tools and training materials already
developed.
``(2) Permissible uses.--
``(A) Child and elder abuse.--To the extent consistent with
the purpose of this section, a grantee may use amounts
received under this section to address, as part of a
comprehensive programmatic approach implemented under the
grant, issues relating to child or elder abuse.
``(B) Rural areas.--Grants funded under paragraphs (1) and
(2) of subsection (a) may be used to offer to rural areas
community-based training opportunities (which may include the
use of distance learning networks and other available
technologies needed to reach isolated rural areas) for
medical, nursing, and other health profession students and
residents on domestic violence, dating violence, sexual
assault, stalking, and, as appropriate, other forms of
violence and abuse.
``(C) Other uses.--Grants funded under subsection (a)(3)
may be used for--
``(i) the development of training modules and policies that
address the overlap of child abuse, domestic violence, dating
violence, sexual assault, and stalking and elder abuse, as
well as childhood exposure to domestic and sexual violence;
``(ii) the development, expansion, and implementation of
sexual assault forensic medical examination or sexual assault
nurse examiner programs;
``(iii) the inclusion of the health effects of lifetime
exposure to violence and abuse as well as related protective
factors and behavioral risk factors in health professional
training schools, including medical, dental, nursing, social
work, and mental and behavioral health curricula, and allied
health service training courses; or
``(iv) the integration of knowledge of domestic violence,
dating violence, sexual assault, and stalking into health
care accreditation and professional licensing examinations,
such as medical, dental, social work, and nursing boards, and
where appropriate, other allied health exams.
``(c) Requirements for Grantees.--
``(1) Confidentiality and safety.--
``(A) In general.--Grantees under this section shall ensure
that all programs developed with grant funds address issues
of confidentiality and patient safety and comply with
applicable confidentiality and nondisclosure requirements
under section 40002(b)(2) of the Violence Against Women Act
of 1994 and the Family Violence Prevention and Services Act,
and that faculty and staff associated with delivering
educational components are fully trained in procedures that
will protect the immediate and ongoing security and
confidentiality of the patients, patient records, and staff.
Such grantees shall consult entities with demonstrated
expertise in the confidentiality and safety needs of victims
of domestic violence, dating violence, sexual assault, and
stalking on the development and adequacy of confidentially
and security procedures, and provide documentation of such
consultation.
``(B) Advance notice of information disclosure.--Grantees
under this section shall provide to patients advance notice
about any circumstances under which information may be
disclosed, such as mandatory reporting laws, and shall give
patients the option to receive information and referrals
without affirmatively disclosing abuse.
``(2) Limitation on administrative expenses.--A grantee
shall use not more than 10 percent of the amounts received
under a grant under this section for administrative expenses.
``(3) Preference.--In selecting grant recipients under this
section, the Secretary shall give preference to applicants
based on the strength of their evaluation strategies, with
priority given to outcome-based evaluations.
``(4) Application.--
``(A) Subsection (a) (1) and (2) grantees.--An entity
desiring a grant under paragraph (1) or (2) of subsection (a)
shall submit an application to the Secretary at such time, in
such manner, and containing such information and assurances
as the Secretary may require, including--
``(i) documentation that the applicant represents a team of
entities working collaboratively to strengthen the response
of the health care system to domestic violence, dating
violence, sexual assault, or stalking, and which includes at
least one of each of--
``(I) an accredited school of allopathic or osteopathic
medicine, psychology, nursing, dentistry, social work, or
other health field;
``(II) a health care facility or system; or
``(III) a government or nonprofit entity with a history of
effective work in the fields of domestic violence, dating
violence, sexual assault, or stalking; and
``(ii) strategies for the dissemination and sharing of
curricula and other educational materials developed under the
grant, if any, with other interested health professions
schools and national resource repositories for materials on
domestic violence, dating violence, sexual assault, and
stalking.
``(B) Subsection (a)(3) grantees.--An entity desiring a
grant under subsection (a)(3) shall submit an application to
the Secretary at such time, in such manner, and containing
such information and assurances as the Secretary may require,
including--
``(i) documentation that all training, education,
screening, assessment, services, treatment, and any other
approach to patient care will be informed by an understanding
of violence and abuse victimization and trauma-specific
approaches that will be integrated into prevention,
intervention, and treatment activities;
``(ii) strategies for the development and implementation of
policies to prevent and address domestic violence, dating
violence, sexual assault, and stalking over the lifespan in
health care settings;
``(iii) a plan for consulting with State and tribal
domestic violence or sexual assault coalitions, national
nonprofit victim advocacy organizations, State or tribal law
enforcement task forces (where appropriate), and population-
specific organizations with demonstrated expertise in
addressing domestic violence, dating violence, sexual
assault, or stalking;
``(iv) with respect to an application for a grant under
which the grantee will have contact with patients, a plan,
developed in collaboration with local victim service
providers, to respond appropriately to and make correct
referrals for individuals who disclose that they are victims
of domestic violence, dating violence, sexual assault,
stalking, or other types of violence, and documentation
provided by the grantee of an ongoing collaborative
relationship with a local victim service provider; and
``(v) with respect to an application for a grant proposing
to fund a program described in subsection (b)(2)(C)(ii), a
certification that any sexual assault forensic medical
examination and sexual assault nurse examiner programs
supported with such grant funds will adhere to the guidelines
set forth by the Attorney General.
``(d) Eligible Entities.--
``(1) In general.--To be eligible to receive funding under
paragraph (1) or (2) of subsection (a), an entity shall be--
``(A) a nonprofit organization with a history of effective
work in the field of training health professionals with an
understanding of, and clinical skills pertinent to, domestic
violence, dating violence, sexual assault, or stalking, and
lifetime exposure to violence and abuse;
``(B) an accredited school of allopathic or osteopathic
medicine, psychology, nursing, dentistry, social work, or
allied health;
``(C) a health care provider membership or professional
organization, or a health care system; or
``(D) a State, tribal, territorial, or local entity.
``(2) Subsection (a)(3) grantees.--To be eligible to
receive funding under subsection (a)(3), an entity shall be--
``(A) a State department (or other division) of health, a
State, tribal, or territorial domestic violence or sexual
assault coalition or victim service provider, or any other
nonprofit, nongovernmental organization with a history of
effective work in the fields of domestic violence, dating
violence, sexual assault, or stalking, and health care,
including physical or mental health care; or
``(B) a local victim service provider, a local department
(or other division) of health, a local health clinic,
hospital, or health system, or any other community-based
organization with a history of effective work in the field of
domestic violence, dating violence, sexual assault, or
stalking and health care, including physical or mental health
care.
``(e) Technical Assistance.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may make
grants or enter into contracts to provide technical
assistance with respect to the planning, development, and
operation of any program, activity or service carried out
pursuant to this section. Not more than 8 percent of the
funds appropriated under this section in each fiscal year may
be used to fund technical assistance under this subsection.
``(2) Availability of materials.--The Secretary shall make
publicly available materials developed by grantees under this
section, including materials on training, best practices, and
research and evaluation.
``(3) Reporting.--The Secretary shall publish a biennial
report on--
``(A) the distribution of funds under this section; and
``(B) the programs and activities supported by such funds.
``(f) Research and Evaluation.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may use not
more than 20 percent to make a grant or enter into a contract
for research and evaluation of--
[[Page H2757]]
``(A) grants awarded under this section; and
``(B) other training for health professionals and effective
interventions in the health care setting that prevent
domestic violence, dating violence, and sexual assault across
the lifespan, prevent the health effects of such violence,
and improve the safety and health of individuals who are
currently being victimized.
``(2) Research.--Research authorized in paragraph (1) may
include--
``(A) research on the effects of domestic violence, dating
violence, sexual assault, and childhood exposure to domestic
violence, dating violence, or sexual assault on health
behaviors, health conditions, and health status of
individuals, families, and populations, including underserved
populations;
``(B) research to determine effective health care
interventions to respond to and prevent domestic violence,
dating violence, sexual assault, and stalking;
``(C) research on the impact of domestic, dating, and
sexual violence, childhood exposure to such violence, and
stalking on the health care system, health care utilization,
health care costs, and health status; and
``(D) research on the impact of adverse childhood
experiences on adult experience with domestic violence,
dating violence, sexual assault, stalking, and adult health
outcomes, including how to reduce or prevent the impact of
adverse childhood experiences through the health care
setting.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2013 through 2017.
``(h) Definitions.--Except as otherwise provided in this
section, the definitions in section 40002 of the Violence
Against Women Act of 1994 apply to this section.''.
(b) Repeals.--The following provisions are repealed:
(1) Chapter 11 of subtitle B of the Violence Against Women
Act of 1994 (relating to research on effective interventions
to address violence; 42 U.S.C. 13973; as added by section 505
of Public Law 109--162 (119 Stat. 3028)).
(2) Section 758 of the Public Health Service Act (42 U.S.C.
294h).
TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING
SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
(a) Amendment.--Subtitle N of the Violence Against Women
Act of 1994 (42 U.S.C. 14043e et seq.) is amended--
(1) by inserting after the subtitle heading the following:
``CHAPTER 1--GRANT PROGRAMS'';
(2) in section 41402 (42 U.S.C. 14043e 1), in the matter
preceding paragraph (1), by striking ``subtitle'' and
inserting ``chapter'';
(3) in section 41403 (42 U.S.C. 14043e 2), in the matter
preceding paragraph (1), by striking ``subtitle'' and
inserting ``chapter''; and
(4) by adding at the end the following:
``CHAPTER 2--HOUSING RIGHTS
``SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
``(a) Definitions.--In this chapter:
``(1) Affiliated individual.--The term `affiliated
individual' means, with respect to an individual--
``(A) a spouse, parent, brother, sister, or child of that
individual, or an individual to whom that individual stands
in loco parentis; or
``(B) any individual, tenant, or lawful occupant living in
the household of that individual.
``(2) Appropriate agency.--The term `appropriate agency'
means, with respect to a covered housing program, the
Executive department (as defined in section 101 of title 5,
United States Code) that carries out the covered housing
program.
``(3) Covered housing program.--The term `covered housing
program' means--
``(A) the program under section 202 of the Housing Act of
1959 (12 U.S.C. 1701q);
``(B) the program under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013);
``(C) the program under subtitle D of title VIII of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12901 et seq.);
``(D) each of the programs under title IV of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.);
``(E) the program under subtitle A of title II of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12741 et seq.);
``(F) the program under paragraph (3) of section 221(d) of
the National Housing Act (12 U.S.C. 1715l(d)) for insurance
of mortgages that bear interest at a rate determined under
the proviso under paragraph (5) of such section 221(d);
``(G) the program under section 236 of the National Housing
Act (12 U.S.C. 1715z 1);
``(H) the programs under sections 6 and 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437d and 1437f);
``(I) rural housing assistance provided under sections 514,
515, 516, 533, and 538 of the Housing Act of 1949 (42 U.S.C.
1484, 1485, 1486, 1490m, and 1490p 2); and
``(J) the low-income housing tax credit program under
section 42 of the Internal Revenue Code of 1986.
``(b) Prohibited Basis for Denial or Termination of
Assistance or Eviction.--
``(1) In general.--An applicant for or tenant of housing
assisted under a covered housing program may not be denied
admission to, denied assistance under, terminated from
participation in, or evicted from the housing program or
housing on the basis that the applicant or tenant is or has
been a victim of domestic violence, dating violence, sexual
assault, or stalking, if the applicant or tenant otherwise
qualifies for admission, assistance, participation, or
occupancy.
``(2) Construction of lease terms.--An incident of actual
or threatened domestic violence, dating violence, sexual
assault, or stalking shall not be construed as--
``(A) a serious or repeated violation of a lease for
housing assisted under a covered housing program by the
victim or threatened victim of such incident; or
``(B) good cause for terminating the assistance, tenancy,
or occupancy rights to housing assisted under a covered
housing program of the victim or threatened victim of such
incident.
``(3) Termination on the basis of criminal activity.--
``(A) Denial of assistance, tenancy, and occupancy rights
prohibited.--No person may deny assistance, tenancy, or
occupancy rights to housing assisted under a covered housing
program to a tenant solely on the basis of criminal activity
directly relating to domestic violence, dating violence,
sexual assault, or stalking that is engaged in by a member of
the household of the tenant or any guest or other person
under the control of the tenant, if the tenant or an
affiliated individual of the tenant is the victim or
threatened victim of such domestic violence, dating violence,
sexual assault, or stalking.
``(B) Bifurcation.--
``(i) In general.--Notwithstanding subparagraph (A), a
public housing agency or owner or manager of housing assisted
under a covered housing program may bifurcate a lease for the
housing in order to evict, remove, or terminate assistance to
any individual who is a tenant or lawful occupant of the
housing and who engages in criminal activity directly
relating to domestic violence, dating violence, sexual
assault, or stalking against an affiliated individual or
other individual, without evicting, removing, terminating
assistance to, or otherwise penalizing a victim of such
criminal activity who is also a tenant or lawful occupant of
the housing.
``(ii) Effect of eviction on other tenants.--If a public
housing agency or owner or manager of housing assisted under
a covered housing program evicts, removes, or terminates
assistance to an individual under clause (i), and the
individual is the sole tenant eligible to receive assistance
under a covered housing program, the public housing agency or
owner or manager of housing assisted under the covered
housing program shall provide any remaining tenant an
opportunity to establish eligibility for the covered housing
program. If a tenant described in the preceding sentence
cannot establish eligibility, the public housing agency or
owner or manager of the housing shall provide the tenant a
reasonable time, as determined by the appropriate agency, to
find new housing or to establish eligibility for housing
under another covered housing program.
``(C) Rules of construction.--Nothing in subparagraph (A)
shall be construed--
``(i) to limit the authority of a public housing agency or
owner or manager of housing assisted under a covered housing
program, when notified of a court order, to comply with a
court order with respect to--
``(I) the rights of access to or control of property,
including civil protection orders issued to protect a victim
of domestic violence, dating violence, sexual assault, or
stalking; or
``(II) the distribution or possession of property among
members of a household in a case;
``(ii) to limit any otherwise available authority of a
public housing agency or owner or manager of housing assisted
under a covered housing program to evict or terminate
assistance to a tenant for any violation of a lease not
premised on the act of violence in question against the
tenant or an affiliated person of the tenant, if the public
housing agency or owner or manager does not subject an
individual who is or has been a victim of domestic violence,
dating violence, sexual assault, or stalking to a more
demanding standard than other tenants in determining whether
to evict or terminate;
``(iii) to limit the authority to terminate assistance to a
tenant or evict a tenant from housing assisted under a
covered housing program if a public housing agency or owner
or manager of the housing can demonstrate that an actual and
imminent threat to other tenants or individuals employed at
or providing service to the property would be present if the
assistance is not terminated or the tenant is not evicted; or
``(iv) to supersede any provision of any Federal, State, or
local law that provides greater protection than this section
for victims of domestic violence, dating violence, sexual
assault, or stalking.
``(c) Documentation.--
``(1) Request for documentation.--If an applicant for, or
tenant of, housing assisted under a covered housing program
represents to a public housing agency or owner or manager of
the housing that the individual is entitled to protection
under subsection (b), the public housing agency or owner or
manager may request, in writing, that the applicant or tenant
submit to the public housing agency or owner or manager a
form of documentation described in paragraph (3).
``(2) Failure to provide certification.--
``(A) In general.--If an applicant or tenant does not
provide the documentation requested under paragraph (1)
within 14 business days after the tenant receives a request
in writing for such certification from a public housing
agency or owner or manager of housing assisted under a
covered housing program, nothing in this chapter may be
construed to limit the authority of the public housing agency
or owner or manager to--
``(i) deny admission by the applicant or tenant to the
covered program;
[[Page H2758]]
``(ii) deny assistance under the covered program to the
applicant or tenant;
``(iii) terminate the participation of the applicant or
tenant in the covered program; or
``(iv) evict the applicant, the tenant, or a lawful
occupant that commits violations of a lease.
``(B) Extension.--A public housing agency or owner or
manager of housing may extend the 14-day deadline under
subparagraph (A) at its discretion.
``(3) Form of documentation.--A form of documentation
described in this paragraph is--
``(A) a certification form approved by the appropriate
agency that--
``(i) states that an applicant or tenant is a victim of
domestic violence, dating violence, sexual assault, or
stalking;
``(ii) states that the incident of domestic violence,
dating violence, sexual assault, or stalking that is the
ground for protection under subsection (b) meets the
requirements under subsection (b); and
``(iii) includes the name of the individual who committed
the domestic violence, dating violence, sexual assault, or
stalking, if the name is known and safe to provide;
``(B) a document that--
``(i) is signed by--
``(I) an employee, agent, or volunteer of a victim service
provider, an attorney, a medical professional, or a mental
health professional from whom an applicant or tenant has
sought assistance relating to domestic violence, dating
violence, sexual assault, or stalking, or the effects of the
abuse; and
``(II) the applicant or tenant; and
``(ii) states under penalty of perjury that the individual
described in clause (i)(I) believes that the incident of
domestic violence, dating violence, sexual assault, or
stalking that is the ground for protection under subsection
(b) meets the requirements under subsection (b);
``(C) a record of a Federal, State, tribal, territorial, or
local law enforcement agency, court, or administrative
agency; or
``(D) at the discretion of a public housing agency or owner
or manager of housing assisted under a covered housing
program, a statement or other evidence provided by an
applicant or tenant.
``(4) Confidentiality.--Any information submitted to a
public housing agency or owner or manager under this
subsection, including the fact that an individual is a victim
of domestic violence, dating violence, sexual assault, or
stalking shall be maintained in confidence by the public
housing agency or owner or manager and may not be entered
into any shared database or disclosed to any other entity or
individual, except to the extent that the disclosure is--
``(A) requested or consented to by the individual in
writing;
``(B) required for use in an eviction proceeding under
subsection (b); or
``(C) otherwise required by applicable law.
``(5) Documentation not required.--Nothing in this
subsection shall be construed to require a public housing
agency or owner or manager of housing assisted under a
covered housing program to request that an individual submit
documentation of the status of the individual as a victim of
domestic violence, dating violence, sexual assault, or
stalking.
``(6) Compliance not sufficient to constitute evidence of
unreasonable act.--Compliance with subsection (b) by a public
housing agency or owner or manager of housing assisted under
a covered housing program based on documentation received
under this subsection, shall not be sufficient to constitute
evidence of an unreasonable act or omission by the public
housing agency or owner or manager or an employee or agent of
the public housing agency or owner or manager. Nothing in
this paragraph shall be construed to limit the liability of a
public housing agency or owner or manager of housing assisted
under a covered housing program for failure to comply with
subsection (b).
``(7) Response to conflicting certification.--If a public
housing agency or owner or manager of housing assisted under
a covered housing program receives documentation under this
subsection that contains conflicting information, the public
housing agency or owner or manager may require an applicant
or tenant to submit third-party documentation, as described
in subparagraph (B), (C), or (D) of paragraph (3).
``(8) Preemption.--Nothing in this subsection shall be
construed to supersede any provision of any Federal, State,
or local law that provides greater protection than this
subsection for victims of domestic violence, dating violence,
sexual assault, or stalking.
``(d) Notification.--
``(1) Development.--The Secretary of Housing and Urban
Development shall develop a notice of the rights of
individuals under this section, including the right to
confidentiality and the limits thereof, and include such
notice in documents required by law to be provided to tenants
assisted under a covered housing program.
``(2) Provision.--The applicable public housing agency or
owner or manager of housing assisted under a covered housing
program shall provide the notice developed under paragraph
(1) to an applicant for or tenant of housing assisted under a
covered housing program--
``(A) at the time the applicant is denied residency in a
dwelling unit assisted under the covered housing program;
``(B) at the time the individual is admitted to a dwelling
unit assisted under the covered housing program; and
``(C) in multiple languages, consistent with guidance
issued by the Secretary of Housing and Urban Development in
accordance with Executive Order 13166 (42 U.S.C. 2000d 1
note; relating to access to services for persons with limited
English proficiency).
``(e) Emergency Relocation and Transfers.--Each appropriate
agency shall develop a model emergency relocation and
transfer plan for voluntary use by public housing agencies
and owners or managers of housing assisted under a covered
housing program that--
``(1) allows tenants who are victims of domestic violence,
dating violence, sexual assault, or stalking to relocate or
transfer to another available and safe dwelling unit assisted
under a covered housing program and retain their status as
tenants under the covered housing program if--
``(A) the tenant expressly requests to move;
``(B)(i) the tenant reasonably believes that the tenant is
threatened with imminent harm from further violence if the
tenant remains within the same dwelling unit assisted under a
covered housing program; or
``(ii) the sexual assault, domestic violence, dating
violence, or stalking occurred on the premises during the 90-
day period preceding the request to move; and
``(C) the tenant has provided documentation as described in
subparagraph (A), (B), (C) or (D) of subsection (c)(3) if
requested by a public housing agency or owner or manager;
``(2) incorporates reasonable confidentiality measures to
ensure that the public housing agency or owner or manager
does not disclose the location of the dwelling unit of a
tenant to a person that commits an act of domestic violence,
dating violence, sexual assault, or stalking against the
tenant;
``(3) describes how the appropriate agency will coordinate
relocations or transfers between dwelling units assisted
under a covered housing program;
``(4) takes into consideration the existing rules and
regulations of the covered housing program;
``(5) is tailored to the specific type of the covered
housing program based on the volume and availability of
dwelling units under the control or management of the public
housing agency, owner, or manager; and
``(6) provides guidance for use in situations in which it
is not feasible for an individual public housing agency,
owner, or manager to effectuate a transfer.
``(f) Policies and Procedures for Emergency Transfer.--The
Secretary of Housing and Urban Development shall establish
policies and procedures under which a victim requesting an
emergency transfer under subsection (e) may receive, subject
to the availability of tenant protection vouchers for
assistance under section 8(o)(16) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(16)), assistance
under such section.
``(g) Implementation.--The appropriate agency with respect
to each covered housing program shall implement this section,
as this section applies to the covered housing program.''.
(b) Conforming Amendments.--
(1) Section 6.--Section 6 of the United States Housing Act
of 1937 (42 U.S.C. 1437d) is amended--
(A) in subsection (c)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(B) in subsection (l)--
(i) in paragraph (5), by striking ``, and that an
incident'' and all that follows through ``victim of such
violence''; and
(ii) in paragraph (6), by striking ``; except that'' and
all that follows through ``stalking.''; and
(C) by striking subsection (u).
(2) Section 8.--Section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f) is amended--
(A) in subsection (c), by striking paragraph (9);
(B) in subsection (d)(1)--
(i) in subparagraph (A), by striking ``and that an
applicant'' and all that follows through ``assistance or
admission''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking ``, and that an incident''
and all that follows through ``victim of such violence''; and
(II) in clause (iii), by striking ``, except that:'' and
all that follows through ``stalking.'';
(C) in subsection (f)--
(i) in paragraph (6), by adding ``and'' at the end;
(ii) in paragraph (7), by striking the semicolon at the end
and inserting a period; and
(iii) by striking paragraphs (8), (9), (10), and (11);
(D) in subsection (o)--
(i) in paragraph (6)(B), by striking the last sentence;
(ii) in paragraph (7)--
(I) in subparagraph (C), by striking ``and that an
incident'' and all that follows through ``victim of such
violence''; and
(II) in subparagraph (D), by striking ``; except that'' and
all that follows through ``stalking.''; and
(iii) by striking paragraph (20); and
(E) by striking subsection (ee).
(3) Rule of construction.--Nothing in this Act, or the
amendments made by this Act, shall be construed--
(A) to limit the rights or remedies available to any person
under section 6 or 8 of the United States Housing Act of 1937
(42 U.S.C. 1437d and 1437f), as in effect on the day before
the date of enactment of this Act;
(B) to limit any right, remedy, or procedure otherwise
available under any provision of part 5, 91, 880, 882, 883,
884, 886, 891, 903, 960, 966, 982, or 983 of title 24, Code
of Federal Regulations, that--
(i) was issued under the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109 162; 119 Stat. 2960) or an amendment made by that Act;
and
(ii) provides greater protection for victims of domestic
violence, dating violence, sexual assault, and stalking than
this Act or the amendments made by this Act; or
[[Page H2759]]
(C) to disqualify an owner, manager, or other individual
from participating in or receiving the benefits of the low-
income housing tax credit program under section 42 of the
Internal Revenue Code of 1986 because of noncompliance with
the provisions of this Act or the amendments made by this
Act.
SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING.
Chapter 11 of subtitle B of the Violence Against Women Act
of 1994 (42 U.S.C. 13975; as added by section 611 of Public
Law 108 21 (117 Stat. 693)) is amended--
(1) in the chapter heading, by striking ``CHILD VICTIMS OF
DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT'' and
inserting ``VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING''; and
(2) in section 40299 (42 U.S.C. 13975)--
(A) in the header, by striking ``CHILD VICTIMS OF DOMESTIC
VIOLENCE, STALKING, OR SEXUAL ASSAULT'' and inserting
``VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING'';
(B) in subsection (a)(1), by striking ``fleeing'';
(C) by striking subsection (f); and
(D) in subsection (g)--
(i) in paragraph (1), by striking ``$40,000,000 for each of
the fiscal years 2007 through 2011'' and inserting
``$35,000,000 for each of fiscal years 2013 through 2017'';
and
(ii) in paragraph (3)--
(I) in subparagraph (A), by striking ``eligible'' and
inserting ``qualified''; and
(II) by adding at the end the following:
``(D) Qualified application defined.--In this paragraph,
the term `qualified application' means an application that--
``(i) has been submitted by an eligible applicant;
``(ii) does not propose any significant activities that may
compromise victim safety;
``(iii) reflects an understanding of the dynamics of
domestic violence, dating violence, sexual assault, or
stalking; and
``(iv) does not propose prohibited activities, including
mandatory services for victims, background checks of victims,
or clinical evaluations to determine eligibility for
services.''.
SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
Subtitle N of the Violence Against Women Act of 1994 (42
U.S.C. 14043e et seq.) is amended--
(1) in section 41404(i) (42 U.S.C. 14043e 3(i)), by
striking ``$10,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$4,000,000 for each of fiscal years
2013 through 2017''; and
(2) in section 41405(g) (42 U.S.C. 14043e 4(g)), by
striking ``$10,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$4,000,000 for each of fiscal years
2013 through 2017''.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO
ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
Section 41501(e) of the Violence Against Women Act of 1994
(42 U.S.C. 14043f(e)) is amended by striking ``fiscal years
2007 through 2011'' and inserting ``fiscal years 2013 through
2017''.
TITLE VIII--IMMIGRATION PROVISIONS
SEC. 801. FRAUD PREVENTION INITIATIVES.
(a) Credible Evidence Considered.--Section 240A(b)(2) of
the Immigration and Nationality Act (8 U.S.C. 1229b) is
amended by striking subparagraph (D) and inserting the
following:
``(D) Credible evidence considered.--In acting on
applications under this paragraph, the Attorney General shall
consider any credible evidence relevant to the application,
including credible evidence submitted by a national of the
United States or an alien lawfully admitted for permanent
residence accused of the conduct described in subparagraph
(A)(i) so long as this evidence is not gathered in violation
of section 384 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996.''.
(b) Application of Special Rule for Battered Spouse,
Parent, or Child.--Section 204(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
(1) in subparagraph (A)(iii), by inserting after subclause
(II) the following:
``(III)(aa) Upon filing, each petition under this clause
shall be assigned to an investigative officer for
adjudication and final determination of eligibility.
``(bb) During the adjudication of each petition under this
paragraph, an investigative officer from a local office of
United States Citizenship and Immigration Services shall
conduct an in-person interview of the alien who filed the
petition. The investigative officer may also gather other
evidence 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.
``(cc) All interviews under this clause shall be conducted
under oath and subject to applicable penalties for perjury.
``(dd) 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.
``(ee) 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.
``(ff) 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.
``(IV) During the adjudication of a petition under this
clause--
``(aa) the petition shall not be granted unless the
petition is supported by a preponderance of the evidence; and
``(bb) all credible evidence submitted by an accused
national of the United States or alien lawfully admitted for
permanent residence shall be considered so long as this
evidence was not gathered in violation of section 384 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996.
``(V)(aa) 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.
``(bb) If an investigation or prosecution was commenced,
the investigative officer shall--
``(AA) obtain as much information as possible about the
investigation or prosecution; and
``(BB) consider that information as part of the
adjudication of the petition.
``(cc) If an investigation or prosecution is pending, the
adjudication of the petition shall be stayed pending the
conclusion of the investigation or prosecution. If no
investigation has been undertaken or if a prosecutor's office
has not commenced a prosecution after the matter was referred
to it, that fact shall be considered by the investigative
officer as part of the adjudication of the petition.
``(VI) If a petition filed under this paragraph is denied,
any obligations under an underlying affidavit of support
previously filed by the accused national of the United States
or alien lawfully admitted for permanent residence shall be
terminated.'';
(2) in subparagraph (A)(iv), by adding at the end the
following: ``The petition shall be adjudicated according to
the procedures that apply to self-petitioners under clause
(iii).'';
(3) in subparagraph (A)(vii), by adding at the end the
following continuation text:
``The petition shall be adjudicated according to the
procedures that apply to self-petitioners under clause
(iii).'';
(4) in subparagraph (B)(ii), by inserting after subclause
(II) the following:
``(III)(aa) Upon filing, each petition under this clause
shall be assigned to an investigative officer for
adjudication and final determination of eligibility.
``(bb) During the adjudication of each petition under this
paragraph, an investigative officer from a local office of
United States Citizenship and Immigration Services shall
conduct an in-person interview of the alien who filed the
petition. The investigative officer may also gather other
evidence 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.
``(cc) All interviews under this clause shall be conducted
under oath and subject to applicable penalties for perjury.
``(dd) The investigative officer who is responsible for the
adjudication and final determination of eligibility shall
determine whether the petitioner had filed previous
applicaions 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.
``(ee) 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.
``(ff) 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.
``(IV) During the adjudication of a petition under this
clause--
[[Page H2760]]
``(aa) the petition shall not be granted unless the
petition is supported by a preponderance of the evidence; and
``(bb) all credible evidence submitted by an accused
national of the United States or alien lawfully admitted for
permanent residence shall be considered so long as this
evidence was not gathered in violation of section 384 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996.
``(V)(aa) During the adjudication of a petition under this
clause, the investigative officer who is responsible for the
adjudication and final determination of eligiblity shall
determine whether any Federal, State, territorial, tribal, or
local law enforcement agency has undertaken an investigation
or prosecution of the abusive conduct alleged by the
petitioning alien.
``(bb) If an investigation or prosecution was commenced,
the investigative officer shall--
``(AA) obtain as much information as possible about the
investigation or prosecution; and
``(BB) consider that information as part of the
adjudication of the petition.
``(cc) If an investigation or prosecution is pending, the
adjudication of the petition shall be stayed pending the
conclusion of the investigation or prosecution. If no
investigation has been undertaken or if a prosecutor's office
has not commenced a prosecution after the matter was referred
to it, that fact shall be considered by the investigative
officer as part of the adjudication of the petition.
``(VI) If a petition filed under this clause is denied, any
obligations under an underlying affidavit of support
previously filed by the accused national of the United States
or alien lawfully admitted for permanent residence shall be
terminated.''; and
(5) in subparagraph (B)(iii), by adding at the end the
following: ``The petition shall be adjudicated according to
the procedures that apply to self-petitioners under clause
(ii).''.
SEC. 802. CLARIFICATION OF THE REQUIREMENTS APPLICABLE TO U
VISAS.
Section 214(p)(1) of the Immigration and Nationality Act (8
U.S.C. 1184(p)(1)) is amended as follows:
(1) By striking ``The petition'' and inserting the
following:
``(A) In general.--The petition''.
(2) By adding at the end the following:
``(B) Certification requirements.--Each certification
submitted under subparagraph (A) shall confirm under oath
that--
``(i) the criminal activity is actively under investigation
or a prosecution has been commenced; and
``(ii) the petitioner has provided to law enforcement
information that will assist in identifying the perpetrator
of the criminal activity or the perpetrator's identity is
known.
``(C) Requirement for certification.--No application for a
visa under section 101(a)(15)(U) may be granted unless
accompanied by the certification as described in this
paragraph.''.
SEC. 803. PROTECTIONS FOR A FIANCEE OR FIANCE OF A CITIZEN.
(a) In General.--Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``crime.'' and inserting
``crime described in paragraph (3)(B) and information on any
permanent protection or restraining order issued against the
petitioner related to any specified crime described in
paragraph (3)(B)(i).''; and
(B) in paragraph (3)(B)(i), by striking ``abuse, and
stalking.'' and inserting ``abuse, stalking, or an attempt to
commit any such crime.''; and
(2) in subsection (r)--
(A) in paragraph (1), by striking ``crime.'' and inserting
``crime described in paragraph (5)(B) and information on any
permanent protection or restraining order issued against the
petitioner related to any specified crime described in
subsection (5)(B)(i).''; and
(B) in paragraph (5)(B)(i), by striking ``abuse, and
stalking.'' and inserting ``abuse, stalking, or an attempt to
commit any such crime.''.
(b) Provision of Information to K Nonimmigrants.--Section
833 of the International Marriage Broker Regulation Act of
2005 (8 U.S.C. 1375a) is amended in subsection (b)(1)(A), by
striking ``or'' after ``orders'' and inserting ``and''.
SEC. 804. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) Implementation of the International Marriage Broker Act
of 2005.--Not later than 90 days after the date of the
enactment of this Act, the Attorney General shall submit to
Congress a report that includes the name of the component of
the Department of Justice responsible for prosecuting
violations of the International Marriage Broker Act of 2005
(subtitle D of Public Law 109 162; 119 Stat. 3066) and the
amendments made by this title.
(b) Regulation of International Marriage Brokers.--Section
833(d) of the International Marriage Broker Regulation Act of
2005 (8 U.S.C. 1375a(d)) is amended as follows:
(1) By amending paragraph (1) to read as follows:
``(1) Prohibition on marketing of or to children.--
``(A) In general.--An international marriage broker shall
not provide any individual or entity with personal contact
information, photograph, or general information about the
background or interests of any individual under the age of
18.
``(B) Compliance.--To comply with the requirements of
subparagraph (A), an international marriage broker shall--
``(i) obtain a valid copy of each foreign national client's
birth certificate or other proof of age document issued by an
appropriate government entity;
``(ii) indicate on such certificate or document the date it
was received by the international marriage broker;
``(iii) retain the original of such certificate or document
for 5 years after such date of receipt; and
``(iv) produce such certificate or document upon request to
an appropriate authority charged with the enforcement of this
paragraph.''.
(2) In paragraph (2)(B)(ii), by striking ``or stalking.''
and inserting ``stalking, or an attempt to commit any such
crime.''.
SEC. 805. GAO REPORT.
(a) Requirement for Report.--Not later than 1 year after
the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the Committee on
the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report regarding
the adjudication of petitions and applications under section
101(a)(15)(U) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(U)) and the self-petitioning process for
VAWA self-petitioners (as that term is defined in section
101(a)(51) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(51)).
(b) Contents.--The report required by subsection (a)
shall--
(1) assess the efficiency and reliability of the process
for reviewing such petitions and applications, including
whether the process includes adequate safeguards against
fraud and abuse; and
(2) identify possible improvements to the adjudications of
petitions and applications in order to reduce fraud and
abuse.
SEC. 806. TEMPORARY NATURE OF U VISA STATUS.
(a) In General.--Section 245(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''.
(b) 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 been
issued to implement such section and shall be extended''.
(c) Effective Date.--The amendments made by this section
shall apply to applications for adjustment of status
submitted on or after the date of the enactment of this Act,
and to previously filed applications that are pending on the
date of enactment of this Act.
SEC. 807. ANNUAL REPORT ON IMMIGRATION APPLICATIONS MADE BY
VICTIMS OF ABUSE.
Not later than December 1, 2012, and annually thereafter,
the Secretary of Homeland Security shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report that
includes the following:
(1) The number of aliens who--
(A) submitted an application for nonimmigrant status under
paragraph (15)(T)(i), (15)(U)(i), or (51) of section 101(a)
of the Immigration and Nationality Act (8 U.S.C. 1101(a))
during the preceding fiscal year;
(B) were granted such nonimmigrant status during such
fiscal year; or
(C) were denied such nonimmigrant status during such fiscal
year.
(2) The mean amount of time and median amount of time to
adjudicate an application for such nonimmigrant status during
such fiscal year.
(3) The mean amount of time and median amount of time
between the receipt of an application for such nonimmigrant
status and the issuance of work authorization to an eligible
applicant during the preceding fiscal year.
(4) The number of aliens granted continued presence in the
United States under section 107(c)(3) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) during
the preceding fiscal year.
(5) A description of any actions being taken to reduce the
adjudication and processing time, while ensuring the safe and
competent processing, of an application described in
paragraph (1) or a request for continued presence referred to
in paragraph (4).
(6) The actions being taken to combat fraud and to ensure
program integrity.
(7) Each type of criminal activity by reason of which an
alien received nonimmigrant status under section
101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C
1101(a)(15)(U)) during the preceding fiscal year and the
number of occurrences of that criminal activity that resulted
in such aliens receiving such status.
SEC. 808. PROTECTION FOR CHILDREN OF VAWA SELF-PETITIONERS.
Section 204(l)(2) of the Immigration and Nationality Act (8
U.S.C. 1154(l)(2)) is amended--
(1) in subparagraph (E), by striking ``or'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) a child of an alien who filed a pending or approved
petition for classification or application for adjustment of
status or other benefit specified in section 101(a)(51) as a
VAWA self-petitioner; or''.
[[Page H2761]]
SEC. 809. PUBLIC CHARGE.
Section 212(a)(4) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(4)) is amended by adding at the end the
following:
``(E) Special rule for qualified alien victims.--
Subparagraphs (A), (B), and (C) shall not apply to an alien
who--
``(i) is a VAWA self-petitioner;
``(ii) is an applicant for, or is granted, nonimmigrant
status under section 101(a)(15)(U); or
``(iii) is a qualified alien described in section 431(c) of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(c)).''.
SEC. 810. AGE-OUT PROTECTION FOR U VISA APPLICANTS.
Section 214(p) of the Immigration and Nationality Act (8
U.S.C. 1184(p)) is amended by adding at the end the
following:
``(7) Age determinations.--
``(A) Children.--An unmarried alien who seeks to accompany,
or follow to join, a parent granted status under section
101(a)(15)(U)(i), and who was under 21 years of age on the
date on which such parent petitioned for such status, shall
continue to be classified as a child for purposes of section
101(a)(15)(U)(ii), if the alien attains 21 years of age after
such parent's petition was filed but while it was pending.
``(B) Principal aliens.--An alien described in clause (i)
of section 101(a)(15)(U) shall continue to be treated as an
alien described in clause (ii)(I) of such section if the
alien attains 21 years of age after the alien's application
for status under such clause (i) is filed but while it is
pending.''.
SEC. 811. HARDSHIP WAIVERS.
Section 216(c)(4) of the Immigration and Nationality Act (8
U.S.C. 1186a(c)(4)) is amended--
(1) in subparagraph (A), by striking the comma at the end
and inserting a semicolon;
(2) in subparagraph (B), by striking ``(1), or'' and
inserting ``(1); or'';
(3) in subparagraph (C), by striking the period at the end
and inserting a semicolon and ``or''; and
(4) by inserting after subparagraph (C) the following:
``(D) the alien meets the requirements under section
204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage
ceremony was battered by or subject to extreme cruelty
perpetrated by the alien's intended spouse and was not at
fault in failing to meet the requirements of paragraph
(1).''.
SEC. 812. DISCLOSURE OF INFORMATION FOR NATIONAL SECURITY
PURPOSE.
(a) Information Sharing.--Section 384(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(b)) is amended--
(1) in paragraph (1)--
(A) by inserting ``Secretary of Homeland Security or the''
before ``Attorney General may''; and
(B) by inserting ``Secretary's or the'' before ``Attorney
General's discretion'';
(2) in paragraph (2)--
(A) by inserting ``Secretary of Homeland Security or the''
before ``Attorney General may'';
(B) by inserting ``Secretary or the'' before ``Attorney
General for''; and
(C) by inserting ``in a manner that protects the
confidentiality of such information'' after ``law enforcement
purpose'';
(3) in paragraph (5), by striking ``Attorney General is''
and inserting ``Secretary of Homeland Security and the
Attorney General are''; and
(4) by adding at the end a new paragraph as follows:
``(8) Notwithstanding subsection (a)(2), the Secretary of
Homeland Security, the Secretary of State, or the Attorney
General may provide in the discretion of either such
Secretary or the Attorney General for the disclosure of
information to national security officials to be used solely
for a national security purpose in a manner that protects the
confidentiality of such information.''.
(b) Guidelines.--Subsection (d) (as added by section 817(4)
of the Violence Against Women and Department of Justice
Reauthorization Act of 2005) of section 384 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(d)) is amended by inserting ``and severe forms
of trafficking in persons or criminal activity listed in
section 101(a)(15)(U) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(u))'' after ``domestic violence''.
(c) Implementation.--Not later than 180 days after the date
of enactment of this Act, the Attorney General and Secretary
of Homeland Security shall provide the guidance required by
section 384(d) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(d)),
consistent with the amendments made by subsections (a) and
(b).
(d) Clerical Amendment.--Section 384(a)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
is amended by striking ``241(a)(2)'' in the matter following
subparagraph (F) and inserting ``237(a)(2)''.
SEC. 813. GAO REPORT ON REQUIREMENTS TO COOPERATE WITH LAW
ENFORCEMENT OFFICIALS.
(a) Requirement for Report.--Not later than three years
after the date of enactment of this Act, the Comptroller
General of the United States shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report
regarding the adjudication of petitions and applications
under section 101(a)(15)(U) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(U)).
(b) Contents.--The report required by subsection (a)
shall--
(1) assess the effectiveness of the requirements set out in
Section 802 of this Act in ensuring that potential U visa
recipients aid in the investigation, apprehension, and
prosecution of criminals;
(2) determine the effect of the requirements set out in
Section 802 of this Act, on the number of U visas issued
annually; and
(3) determine the effect of the requirements set out in
Section 802 of this Act, on the number of individuals seeking
U visas.
SEC. 814. CONSIDERATION OF OTHER EVIDENCE.
Section 237(a)(2)(E)(i) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(2)(E)(i)) is amended by adding at the
end the following: ``If the conviction records do not
conclusively establish whether a crime of domestic violence
constitutes a crime of violence (as defined in section 16 of
title 18, United States Code), the Attorney General may
consider any other evidence that the Attorney General
determines to be reliable in making this determination,
including sentencing reports and police reports.''.
TITLE IX--SAFETY FOR INDIAN WOMEN
SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
Section 2015(a) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg 10(a)) is
amended--
(1) in paragraph (2), by inserting ``sex trafficking,''
after ``sexual assault,'';
(2) in paragraph (4), by inserting ``sex trafficking,''
after ``sexual assault,'';
(3) in paragraph (5), by striking ``and stalking'' and all
that follows and inserting ``sexual assault, sex trafficking,
and stalking;'';
(4) in paragraph (7)--
(A) by inserting ``sex trafficking,'' after ``sexual
assault,'' each place it appears; and
(B) by striking ``and'' at the end;
(5) in paragraph (8)--
(A) by inserting ``sex trafficking,'' after ``stalking,'';
and
(B) by striking the period at the end and inserting a
semicolon; and
(6) by adding at the end the following:
``(9) provide services to address the needs of youth who
are victims of domestic violence, dating violence, sexual
assault, sex trafficking, or stalking and the needs of
children exposed to domestic violence, dating violence,
sexual assault, or stalking, including support for the
nonabusing parent or the caretaker of the child; and
``(10) develop and promote legislation and policies that
enhance best practices for responding to violent crimes
against Indian women, including the crimes of domestic
violence, dating violence, sexual assault, sex trafficking,
and stalking.''.
SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS.
Section 2001(d) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) developing and promoting State, local, or tribal
legislation and policies that enhance best practices for
responding to violent crimes against Indian women, including
the crimes of domestic violence, dating violence, sexual
assault, stalking, and sex trafficking.''; and
(2) in paragraph (2)(B), by striking ``individuals or''.
SEC. 903. CONSULTATION.
Section 903 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045d) is
amended--
(1) in subsection (a)--
(A) by striking ``and the Violence Against Women Act of
2000'' and inserting ``, the Violence Against Women Act of
2000''; and
(B) by inserting ``, and the Violence Against Women
Reauthorization Act of 2012'' before the period at the end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``Secretary of the Department of Health and Human Services''
and inserting ``Secretary of Health and Human Services, the
Secretary of the Interior,''; and
(B) in paragraph (2), by striking ``and stalking'' and
inserting ``stalking, and sex trafficking''; and
(3) by adding at the end the following:
``(c) Annual Report.--The Attorney General shall submit to
Congress an annual report on the annual consultations
required under subsection (a) that--
``(1) contains the recommendations made under subsection
(b) by Indian tribes during the year covered by the report;
``(2) describes actions taken during the year covered by
the report to respond to recommendations made under
subsection (b) during the year or a previous year; and
``(3) describes how the Attorney General will work in
coordination and collaboration with Indian tribes, the
Secretary of Health and Human Services, and the Secretary of
the Interior to address the recommendations made under
subsection (b).
``(d) Notice.--Not later than 120 days before the date of a
consultation under subsection (a), the Attorney General shall
notify tribal leaders of the date, time, and location of the
consultation.''.
SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN
WOMEN.
(a) In General.--Section 904(a) of the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(42 U.S.C. 3796gg 10 note) is amended--
(1) in paragraph (1)--
(A) by striking ``The National'' and inserting ``Not later
than 2 years after the date of enactment of the Violence
Against Women Reauthorization Act of 2012, the National'';
and
[[Page H2762]]
(B) by inserting ``and in Native villages (as defined in
section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602))'' before the period at the end;
(2) in paragraph (2)(A)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(vi) sex trafficking.'';
(3) in paragraph (4), by striking ``this Act'' and
inserting ``the Violence Against Women Reauthorization Act of
2012''; and
(4) in paragraph (5), by striking ``this section $1,000,000
for each of fiscal years 2007 and 2008'' and inserting ``this
subsection $1,000,000 for each of fiscal years 2013 and
2014''.
(b) Authorization of Appropriations.--Section 905(b)(2) of
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (28 U.S.C. 534 note) is amended
by striking ``fiscal years 2007 through 2011'' and inserting
``fiscal years 2013 through 2017''.
SEC. 905. ASSISTANT UNITED STATES ATTORNEY DOMESTIC VIOLENCE
TRIBAL LIAISONS.
(a) Appointment.--The Attorney General is authorized and
encouraged to appoint the Assistant United States Attorney
Tribal Liaison appointed in each judicial district that
includes Indian country to also serve as a domestic violence
tribal liaison.
(b) Duties.--The duties of a domestic violence tribal
liaison appointed under this section shall include the
following:
(1) Encouraging and assisting in arrests and Federal
prosecution for crimes, including misdemeanor crimes, of
domestic violence, dating violence, sexual assault, and
stalking that occur in Indian country.
(2) Conducting training sessions for tribal law enforcement
officers and other individuals and entities responsible for
responding to crimes in Indian country to ensure that such
officers, individuals, and entities understand their arrest
authority over non-Indian offenders.
(3) Developing multidisciplinary teams to combat domestic
and sexual violence offenses against Indians by non-Indians.
(4) Consulting and coordinating with tribal justice
officials and victims' advocates to address any backlog in
the prosecution of crimes, including misdemeanor crimes, of
domestic violence, dating violence, sexual assault, and
stalking that occur in Indian country.
(5) Developing working relationships and maintaining
communication with tribal leaders, tribal community and
victims' advocates, and tribal justice officials to gather
information from, and share appropriate information with,
tribal justice officials.
(c) Indian Country.--In this section, the term ``Indian
country'' has the meaning given such term in section 1151 of
title 18.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
TITLE X--CRIMINAL PROVISIONS
SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL ABUSE.
(a) Sexual Abuse of a Minor or Ward.--Section 2243(b) of
title 18, United States Code, is amended to read as follows:
``(b) Of a Ward.--
``(1) Offenses.--It shall be unlawful for any person to
knowingly engage, or knowingly attempt to engage, in a sexual
act with another person who is--
``(A) in official detention or supervised by, or otherwise
under the control of, the United States--
``(i) during arrest;
``(ii) during pretrial release;
``(iii) while in official detention or custody; or
``(iv) while on probation, supervised release, or parole;
``(B) under the professional custodial, supervisory, or
disciplinary control or authority of the person engaging or
attempting to engage in the sexual act; and
``(C) at the time of the sexual act--
``(i) in the special maritime and territorial jurisdiction
of the United States;
``(ii) in a Federal prison, or in any prison, institution,
or facility in which persons are held in custody by direction
of, or pursuant to a contract or agreement with, the United
States; or
``(iii) under supervision or other control by the United
States, or by direction of, or pursuant to a contract or
agreement with, the United States.
``(2) Penalties.--Whoever violates paragraph (1)(A) shall--
``(A) be fined under this title, imprisoned for not more
than 15 years, or both; and
``(B) if, in the course of committing the violation of
paragraph (1), the person engages in conduct that would
constitute an offense under section 2241 or 2242 if committed
in the special maritime and territorial jurisdiction of the
United States, be subject to the penalties provided for under
section 2241 or 2242, respectively.''.
(b) Penalties for Sexual Abuse.--
(1) In general.--Chapter 13 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 250. Penalties for sexual abuse
``(a) Offense.--It shall be unlawful for any person, in the
course of committing an offense under this chapter or under
section 901 of the Fair Housing Act (42 U.S.C. 3631) to
engage in conduct that would constitute an offense under
chapter 109A if committed in the special maritime and
territorial jurisdiction of the United States.
``(b) Penalties.--A person that violates subsection (a)
shall be subject to the penalties under the provision of
chapter 109A that would have been violated if the conduct was
committed in the special maritime and territorial
jurisdiction of the United States, unless a greater penalty
is otherwise authorized by law.''.
(2) Clerical amendment.--The table of sections for chapter
13 of title 18, United States Code, is amended by adding at
the end the following:
``250. Penalties for sexual abuse.''.
SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS.
(a) Suits by Prisoners.--Section 7(e) of the Civil Rights
of Institutionalized Persons Act (42 U.S.C. 1997e(e)) is
amended by inserting before the period at the end the
following: ``or the commission of a sexual act (as defined in
section 2246 of title 18, United States Code)''.
(b) United States as Defendant.--Section 1346(b)(2) of
title 28, United States Code, is amended by inserting before
the period at the end the following: ``or the commission of a
sexual act (as defined in section 2246 of title 18)''.
(c) Adoption and Effect of National Standards.--Section 8
of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15607)
is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Applicability to Detention Facilities Operated by the
Department of Homeland Security.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Violence Against Women Reauthorization
Act of 2012, the Secretary of Homeland Security shall publish
a final rule adopting national standards for the detection,
prevention, reduction, and punishment of rape and sexual
assault in facilities that maintain custody of aliens
detained for a violation of the immigrations laws of the
United States.
``(2) Applicability.--The standards adopted under paragraph
(1) shall apply to detention facilities operated by the
Department of Homeland Security and to detention facilities
operated under contract with, or pursuant to an
intergovernmental service agreement with, the Department.
``(3) Compliance.--The Secretary of Homeland Security
shall--
``(A) assess compliance with the standards adopted under
paragraph (1) on a regular basis; and
``(B) include the results of the assessments in performance
evaluations of facilities completed by the Department of
Homeland Security.
``(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Homeland Security shall give
due consideration to the recommended national standards
provided by the Commission under section 7(e).
``(d) Applicability to Custodial Facilities Operated by the
Department of Health and Human Services.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Violence Against Women Reauthorization
Act of 2012, the Secretary of Health and Human Services shall
publish a final rule adopting national standards for the
detection, prevention, reduction, and punishment of rape and
sexual assault in facilities that maintain custody of
unaccompanied alien children (as defined in section 462(g) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g))).
``(2) Applicability.--The standards adopted under paragraph
(1) shall apply to facilities operated by the Department of
Health and Human Services and to facilities operated under
contract with the Department.
``(3) Compliance.--The Secretary of Health and Human
Services shall--
``(A) assess compliance with the standards adopted under
paragraph (1) on a regular basis; and
``(B) include the results of the assessments in performance
evaluations of facilities completed by the Department of
Health and Human Services.
``(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Health and Human Services
shall give due consideration to the recommended national
standards provided by the Commission under section 7(e).''.
SEC. 1003. CRIMINAL PROVISION RELATING TO STALKING, INCLUDING
CYBERSTALKING.
(a) In General.--Section 2261A of title 18, United States
Code, is amended to read as follows:
``Sec. 2261A. STALKING.
``(a) Whoever uses the mail, any interactive computer
service, or any facility of interstate or foreign commerce to
engage in a course of conduct or travels in interstate or
foreign commerce or within the special maritime and
territorial jurisdiction of the United States, or enters or
leaves Indian country, with the intent to kill, injure,
harass, or intimidate another person, or place another person
under surveillance with the intent to kill, injure, harass,
or intimidate such person and in the course of, or as a
result of, such travel or course of conduct--
``(1) places that person in reasonable fear of the death
of, or serious bodily injury to such person, a member of
their immediate family (as defined in section 115), or their
spouse or intimate partner; or
``(2) causes or attempts to cause serious bodily injury or
serious emotional distress to such person, a member of their
immediate family (as defined in section 115), or their spouse
or intimate partner;
shall be punished as provided in subsection (b).
``(b) The punishment for an offense under this section is
the same as that for an offense under section 2261, except
that if--
``(1) the offense involves conduct in violation of a
protection order; or
[[Page H2763]]
``(2) the victim of the offense is under the age of 18
years or over the age of 65 years, the offender has reached
the age of 18 years at the time the offense was committed,
and the offender knew or should have known that the victim
was under the age of 18 years or over the age of 65 years;
the maximum term of imprisonment that may be imposed is
increased by 5 years over the term of imprisonment otherwise
provided for that offense in section 2261.''.
(b) Clerical Amendment.--The item relating to section 2261A
in the table of sections at the beginning of chapter 110A of
title 18, United States Code, is amended to read as follows:
``2261A. Stalking.''.
SEC. 1004. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.
(a) In General.--Section 113 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) Assault with intent to commit murder or a violation
of section 2241 or 2242, by a fine under this title,
imprisonment for not more than 20 years, or both.'';
(B) in paragraph (2), by striking ``felony under chapter
109A'' and inserting ``violation of section 2241 or 2242'';
(C) in paragraph (3), by striking ``and without just cause
or excuse,'';
(D) in paragraph (4), by striking ``six months'' and
inserting ``1 year'';
(E) in paragraph (5), by striking ``1 year'' and inserting
``5 years'';
(F) in paragraph (7)--
(i) by striking ``substantial bodily injury to an
individual who has not attained the age of 16 years'' and
inserting ``substantial bodily injury to a spouse or intimate
partner, a dating partner, or an individual who has not
attained the age of 16 years''; and
(ii) by striking ``fine'' and inserting ``a fine''; and
(G) by adding at the end the following:
``(8) Assault of a spouse, intimate partner, or dating
partner by strangling, suffocating, or attempting to strangle
or suffocate, by a fine under this title, imprisonment for
not more than 10 years, or both.''; and
(2) in subsection (b)--
(A) by striking ``(b) As used in this subsection--'' and
inserting the following:
``(b) In this section--'';
(B) in paragraph (1)(B), by striking ``and'' at the end;
(C) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(3) the terms `dating partner' and `spouse or intimate
partner' have the meanings given those terms in section 2266;
``(4) the term `strangling' means knowingly or recklessly
impeding the normal breathing or circulation of the blood of
a person by applying pressure to the throat or neck,
regardless of whether that conduct results in any visible
injury or whether there is any intent to kill or protractedly
injure the victim; and
``(5) the term `suffocating' means knowingly or recklessly
impeding the normal breathing of a person by covering the
mouth of the person, the nose of the person, or both,
regardless of whether that conduct results in any visible
injury or whether there is any intent to kill or protractedly
injure the victim.''.
(b) Indian Major Crimes.--Section 1153(a) of title 18,
United States Code, is amended by striking ``assault with
intent to commit murder, assault with a dangerous weapon,
assault resulting in serious bodily injury (as defined in
section 1365 of this title)'' and inserting ``a felony
assault under section 113''.
SEC. 1005. MANDATORY MINIMUM SENTENCE.
Section 2241 of title 18, United States Code, is amended--
(1) in subsection (a), in the undesignated matter following
paragraph (2), by striking ``any term of years or life'' and
inserting ``not less than 10 years or imprisoned for life'';
and
(2) in subsection (b), in the undesignated matter following
paragraph (2), by striking ``any term of years or life'' and
inserting ``not less than 5 years or imprisoned for life''.
SEC. 1006. FEDERAL PROTECTION ORDERS.
(a) Federal Protection Orders.--Chapter 110A of title 18,
United States Code, is amended by inserting after section
2262 the following:
``Sec. 2262A. Federal domestic violence protection orders
involving Indians and Indian country
``(a) Petition for Protection Order.--
``(1) 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--
``(A) the victim is an Indian or a minor who resides with
or is in the care and custody of an Indian;
``(B) the victim resides or is employed at a place located
in the Indian country of the Indian tribe that files the
petition; and
``(C) the person against whom the order is sought is
alleged to have committed an act of domestic violence in the
Indian country.
``(2) Contents of petition.--A petition filed under this
section shall contain--
``(A) the facts that meet the requirements under paragraph
(1);
``(B) the name of each victim on whose behalf the
protection order is sought;
``(C) the name and, if known, the residential address of
the person against whom the order is sought;
``(D) 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
``(E) the relief sought.
``(3) 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) 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
``(B) 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.
``(4) Scope of protection orders.--Any protection order
under this section may--
``(A) prohibit the person against whom the order is sought
from--
``(i) 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;
``(ii) 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
``(iii) 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;
``(B) 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
``(C) 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.
``(5) 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).
``(6) 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.
``(b) Violation of Protection Order.--A person who
intentionally violates a protection order under this section
shall be punished as provided in section 2262(b).''.
(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''.
(c) Definitions.--Section 2266 of title 18, United States
Code, is amended by inserting after paragraph (10) the
following:
``(11) 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.
``(12) 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.
``(13) 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).
``(14) Minor.--The term `minor' means a person under the
age of 18 years.''.
(d) 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.''.
The SPEAKER pro tempore. The gentlewoman from Florida (Mrs. Adams)
and the gentleman from Michigan (Mr. Conyers) each will control 30
minutes.
The Chair recognizes the gentlewoman from Florida.
General Leave
Mrs. ADAMS. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on H.R. 4970, as amended,
currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Mrs. ADAMS. I yield myself such time as I may consume.
Madam Speaker, I'm proud to stand in support of this important and
life-saving bill.
According to national statistics, an average three women are killed
by a
[[Page H2764]]
current or former intimate partner a day, every day, and 24 people per
minute are victims of rape, physical violence, or stalking by an
intimate partner. For me, these statistics are way too real.
Some of you may already know that at the age of 17 I dropped out of
high school and joined the Air Force. I soon married by 18 and had a
young daughter. For me, it was a blessing, but I soon found out that
the man I married had a penchant for drinking and was very violent when
he drank. I gave him the chance to be the father I thought he could be,
and it didn't happen. So I took my daughter, our clothing, and we left.
Like many women who leave an abusive relationship, there were times
that the only thing that kept me going was knowing that I was
responsible for my daughter, and she depended on me to make a better
life for both of us where we both felt safe.
Years later, I experienced another side of domestic violence while
working as a deputy sheriff for the Orange County Sheriff's Office. I
encountered many victims who had been abused, whether it was from
domestic violence, rape, or stalking. These victims were always
victims. That's what victims are, all inclusive. Back then, issues like
domestic violence and sexual assault weren't really discussed; they
were hidden behind closed doors, leaving many of the victims to either
underreport or not report at all. They didn't turn for help because
they felt helpless. So when the Violence Against Women Act was enacted
in 1994, it brought attention to an issue that was underreported, or
maybe not even reported at all.
Eighteen years ago, VAWA established within the Department of Justice
and the Department of Health and Human Services a number of life-saving
grant programs for State, local, and Indian tribal governments. Since
then, the act has encouraged collaboration among law enforcement
officers, judicial personnel, and public and private sector providers
to provide help for the victims of domestic and sexual violence. It
also addressed the needs of victims of domestic and sexual violence who
are elderly, disabled, children, youth, and individuals of ethnic and
racial communities, including Native Americans.
Congress has twice reauthorized the VAWA grant programs with strong
bipartisan support, once in 2000 and again in 2006. Keeping with the
bipartisan nature of the act, the House bill, H.R. 4970, reauthorizes
the grant programs in VAWA for a third time at the same funding levels
as our colleagues in the Senate agreed to last month.
In addition to making several key improvements to the Senate bill,
including nearly doubling resources for eliminating the backlog of
unprocessed rape evidence kits, the House bill brings greater
accountability to VAWA grant administration by ensuring that funding is
spent on the victims of domestic violence, dating violence, sexual
assault, and stalking, and not on Washington bureaucrats.
To achieve these goals, H.R. 4970 requires that the inspectors
general of DOJ and HHS conduct an annual audit of at least 10 percent
of all VAWA grant recipients and limits the use of funds for OVW
salaries and administrative expenses to 5 percent of the annual
authorization. H.R. 4970 also requires the Attorney General, in
consultation with the Secretary of Health and Human Services, to
improve the coordination of grants within the Department in order to
eliminate duplication and overlap.
Make no mistake about it: this is a victim-centered bill which
includes all victims--an all-inclusive, victim-centered bill. Turning
this reauthorization into a political issue is not only wrong, but it
is dangerous. It is dangerous. We cannot allow domestic violence in
this country to become a campaign issue. It must be a reflection of our
best efforts as Americans united against breaking a cycle of violence
and helping victims become survivors.
I hope my colleagues on both sides of the aisle will join me today in
supporting this life-saving legislation.
I reserve the balance of my time.
Mr. CONYERS. Madam Speaker, I yield myself such time as I may
consume.
I rise in strong opposition to H.R. 4970, the Violence Against Women
Reauthorization Act, because it is a title that does not represent what
it ought to underneath.
We've had these kinds of incidents before. In the past, we've always
been able to set aside partisan differences and work together to
protect the most vulnerable women of our society, abused and battered
women. Today, unfortunately, this bill sets aside 20 years of
bipartisan progress in our efforts to protect these women.
The bill, as amended by the manager's amendment, rolls back existing
protections for battered immigrant women. It fails to include
provisions from the bipartisan Senate-passed bill--which all the women
in the Senate voted for--which protect native women's lives by
authorizing limited tribal criminal domestic violence. It eliminates
the language from the bipartisan Senate-passed bill that would help
lesbian, gay, bisexual, and transgender victims of domestic violence
receive Violence Against Women Act services without facing additional
discrimination.
{time} 1530
Now, I'm going to reserve my time here, but I want to just point this
out: there are more than 300 organizations--women's organizations, law
enforcement organizations, church organizations--that have registered
their opposition to H.R. 4970 for the reason that I've suggested. The
National Organization for Women, the Leadership Conference on Civil and
Human Rights, the National Task Force to End Sexual and Domestic
Violence Against Women, the American Civil Liberties Union, more than
20 faith-based leaders of organizations, the National Congress of
American Indians, and it goes on and on, police chiefs, captains,
detectives, lieutenants and prosecutors.
I urge my colleagues to stand up for all victims of domestic violence
and oppose this dangerous proposal that is on the floor today.
Madam Speaker, I reserve the balance of my time.
Mrs. ADAMS. I yield 2 minutes to the gentleman from Texas (Mr.
Smith), the chairman of the Judiciary Committee.
Mr. SMITH of Texas. Madam Speaker, first of all, let me thank the
gentlewoman from Florida, who is a member of the Judiciary Committee
herself, for yielding me time.
Madam Speaker, I am pleased to cosponsor H.R. 4970, and I want to
again thank my colleague from Florida, Sandy Adams, for her work on
this legislation.
H.R. 4970, the Violence Against Women Reauthorization Act of 2012,
provides funding for VAWA grant programs for 5 years at the same levels
as the Senate-passed bill. There are only a few minor differences
between this House bill and the Senate bill.
H.R. 4970 doesn't include language to provide special protected
status to certain categories of people because they are already covered
under VAWA. H.R. 4970 doesn't include language to allow Indian tribes
to prosecute non-Indians because that is unconstitutional. H.R. 4970
does include provisions that prevent fraud and abuse in the immigration
process.
This bill authorizes hundreds of millions of dollars for valuable
services to victims of domestic violence, dating violence, sexual
assault, and stalking. Those who have supported VAWA in the past should
be eager to support this legislation today.
Violence against women doesn't occur along party lines, and neither
should reauthorization of these programs. Instead of working with
Republicans in a bipartisan effort to protect women from domestic
violence, rape, and stalking, some Democrats have chosen to place
partisan posturing above the urgent needs of victims of violence.
If Members choose to oppose this bill for political reasons, that's
their decision; but there is no good reason to oppose this bill for
substantive reasons. A vote against this bill, in my judgment, is a
vote against common sense and a vote against helping abused women.
Mr. CONYERS. Madam Speaker, I yield myself 15 seconds to remind my
colleagues on the other side that the 200 or 300 organizations and
people that oppose this bill supported the previous legislation. Now,
come on.
At this point, I yield 2 minutes to the gentlewoman from California,
Zoe Lofgren, a senior member of the committee.
[[Page H2765]]
Ms. ZOE LOFGREN of California. Before today, every VAWA bill we've
considered over the last 20 years had three things in common: they've
all been bipartisan, they've all been written in consultation with the
advocates and service providers on the front lines against domestic
violence, and they've all increased protections for victims of domestic
violence.
This bill, even as amended, shares none of those attributes. It
actually reduces protections that exist in current law for victims of
domestic violence, rape, and sexual assault. It was developed without
any support or consultation from the minority or from the domestic
violence advocates. And it is not bipartisan.
Now, the bill's opposed by every leading domestic violence
organization. It's opposed by the National Association of Evangelicals
and the Willow Creek Church, the U.S. Catholic Bishops Conference, all
the leading women's groups. It's opposed by law enforcement officials
with years of experience fighting domestic violence. It's opposed by
tribal authorities, immigration advocates, LGBT groups. The list goes
on and on.
So the question really is this: If everyone from the National
Organization for Women and Planned Parenthood to the National
Association of Evangelicals and the Catholic Church have extreme
concerns about this bill, who thinks this is a step in the right
direction?
And as far as I can tell, the only groups who openly support the bill
and the amendments are groups like SAVE and A Voice for Men, who align
themselves, not with battered women, but with the men who abuse them.
I will insert into the Record an article from Leith Anderson, the
president of the National Association of Evangelicals, and Lynne
Hybels, the co-founder of the Willlow Creek Community Church. This is
what they say:
Nicole came to the U.S. from Indonesia on a temporary fiancee visa,
expecting to enjoy life as a spouse. Instead was trafficked.
They oppose the bill.
[From CNN, May 16, 2012]
Protect Immigrant Women From Violence
(By Leith Anderson and Lynne Hybels)
Nicole came to the United States from Indonesia on a
temporary fiancee visa, fully expecting that she would enjoy
life in a new country with the U.S. citizen she intended to
marry. Instead, she found herself trapped as a victim of sex
trafficking.
Nicole (not her real name), like thousands of other women,
was forced to engage in commercial sex acts against her will.
We heard about her when she received support from the
Salvation Army STOP-IT Program in Illinois, which serves
victims who have been harmed by the sex trade. (The Salvation
Army is a denominational member of the National Association
of Evangelicals.) Eventually, Nicole escaped from her
trafficker and assisted law enforcement in the prosecution of
the crime committed against her.
Though Nicole's fiancee visa had lapsed, leaving her
susceptible to deportation, our nation's anti-trafficking law
provided a legal option for her to be granted permanent legal
status by helping law enforcement to prosecute her
trafficker. With the help of a nonprofit legal service
provider and the Salvation Army, Nicole was able to petition
on her own for legal status--and obtain it--through a special
``U'' visa for immigrant victims of crime, allowing her to
get back on her feet and begin rebuilding her life.
This week the House of Representatives is considering a
proposal to reauthorize the Violence Against Women Act, first
enacted in 1994, but in a new version that would
significantly undermine the same U visa program that provided
Nicole with safety and permanency in the United States.
The U.S. government estimates that as many as 17,500
foreign-born victims are illegally trafficked in from abroad
each year, and academic estimates suggest that at least
100,000 victims of human trafficking live in the United
States today.
By force, fraud or coercion, traffickers keep victims
enslaved in prostitution or forced labor.
If the House proposal is enacted, thousands like Nicole
could remain enslaved, too afraid to speak out because some
of their most effective safeguards will have disappeared. The
proposal introduced by Rep. Sandy Adams, R-Florida, would
dramatically roll back important protections for battered
immigrant women and their children. It could face a vote
Wednesday afternoon.
Several provisions would leave immigrant victims of human
trafficking and domestic abuse no legal way to break the
cycle of violence in which they are trapped.
Specifically, this version would remove the incentive of
permanent safe haven in the United States for women who help
bring abusers to justice. By changing the U visa from
permanent to temporary, the bill could validate an abuser's
threat that a call to police could result in deportation.
Many women would keep quiet rather than risk immigration
consequences.
The bill would also allow abusive partners in domestic
violence cases to provide input as to whether their victim
should qualify for immigration relief, stripping
confidentiality provisions that currently protect victims.
Abusive spouses, who are in a position to petition to adjust
the status of their immigrant wives through marriage, can
choose not to do so as a tool of abuse and fear. Abusers
frequently deny guilt and falsely accuse victims of fraud or
abuse.
We don't want a bill that endangers some of the women and
children it purports to help. Overall, this bill's proposed
changes to current law would discourage immigrant victims
from escaping abuse and reporting crimes, and make all of us
less safe.
Women--and, often, their children--come to our churches for
sanctuary and hope. We believe Adams' proposal would put more
lives in danger. It would perpetuate abusers' use of
immigration status as part of the cycle of exploitation.
As evangelical Christians, we are committed to Jesus' great
commandment to love God and to love our neighbor, with a
particular concern for those who are most vulnerable. Through
local churches and ministries, we extend that love when we
provide counseling and support for victims of human
trafficking and domestic violence. In doing so, we point to
the ultimate healing and restoration that we believe is found
only in Jesus.
We also love our neighbor by speaking up when laws are
proposed that could cause harm, intentionally or not. Loving
our neighbor not only means reaching out to those in need,
but also means addressing systemic problems that harm those
in need.
That's why we're asking Speaker John Boehner and the House
leadership to make sure that the Violence Against Women Act
continues to protect vulnerable immigrant women who are
victims of human trafficking or domestic violence. They need
our protection.
Mrs. ADAMS. I yield 2 minutes to the gentlewoman from West Virginia
(Mrs. Capito). She is a cosponsor of the legislation.
Mrs. CAPITO. Madam Speaker, I would like to thank the sponsor of the
bill, my colleague from Florida, for her work and her courage in
bringing this forward.
I rise in support of H.R. 4970. Quickly, I'd like to tell a story
about a situation in my hometown where a young boy was in the car with
his mother. She was being beaten by her boyfriend, or her friend. She
pulls the car over. He steps out of the car to try to flag somebody
down to help his mother. He's 11 years old. He's hit and killed in the
middle of a domestic violence situation. Tremendously tragic.
We know that sexual and domestic violence can happen to anyone at any
age, race, income group, religion, or gender. Worldwide, one in four
women is abused. In 2001, in my own home State, 13,000 domestic
violence offenses were reported to law enforcement; and half of these
offenses were between family members and household members, like that
young man on the interstate that night. To be safe in your community,
women first need to be safe in their own homes.
We have made great progress, I think, with the Violence Against Women
Act that was enacted in 1994; but this current reauthorization builds
on the successes of the last decade and will prevent more women and
families from suffering. These women are our mothers, our daughters,
our sisters, our friends, and our colleagues.
VAWA is working to break the cycle of violence in this country. And
by speaking and lending a hand to our neighbors, our friends, our
family members, we can break the cycle and take a vocal stand against
abuse.
We've heard how this bill has been bipartisan in the past. It can be
bipartisan right now. It can be bipartisan today. We can work out the
difference. We can do the right thing. That's what we're here for, for
that little boy on that interstate that night.
Mr. CONYERS. Madam Speaker, Mr. Nadler has agreed to permit Dale
Kildee, the gentleman from Michigan, because of an emergency, to be
recognized out of order for 1 minute.
Mr. KILDEE. I thank the gentleman for his courtesy.
Madam Speaker, I rise in strong opposition to this bill which is
grossly inadequate in renewing vital protections for domestic violence
victims. For the first time, we have a VAWA authorization that actually
makes women less safe by taking away protections from previously
covered groups like Native Americans living on reservations.
My Republican colleague will argue that this bill protects Native
women by
[[Page H2766]]
giving them access to Federal courts, but in many cases the nearest
Federal court is over 300 miles away. Do we really expect a woman who
has just been abused to get in a car and drive 300 miles for
protection? And even then there is no guarantee that a Federal
prosecutor will do anything.
Every community in the Nation, except for constitutionally recognized
tribal governments, has the authority to protect its residents. The
only logical solution is to return local control to tribal governments
to stop domestic violence before it escalates.
Instead of voting on partisan H.R. 4970, we should be considering the
Senate bill, S. 1925, which included protection for Indian women.
{time} 1540
Mrs. ADAMS. Madam Speaker, I yield 2 minutes to the gentlewoman from
California (Mrs. Bono Mack), who is a cosponsor of this important pro-
victim legislation.
Mrs. BONO MACK. Madam Speaker, I rise in support of reauthorizing the
Violence Against Women Act, which is just as I did in 2000 and once
again in 2005. It was a critically important bill back then, and it is
a critically important bill now. That's why I am urging my colleagues
today to stand up for all women in America.
I thank my colleague, Sandy Adams, for her very hard work and
dedication and also for sharing her personal experiences and turning
them into a reason to champion this bill.
Yet, Madam Speaker, despite a lot of hard work by advocacy groups,
law enforcement, churches, schools, and so many others around our
Nation, violence against women continues to be an alarming problem--
murder, sexual violence, domestic violence. More than 1 million women
in the U.S. will be victimized this year alone, and it's estimated that
one in four women in the U.S. will experience domestic violence at some
point in her lifetime. That's one out of every four women.
As a society, we can't seem to find a way to stop this terrible
sickness, but this legislation gives victims and their families a safe
place to turn for help, such as to community violence prevention
programs; protections for victims who are evicted from their homes
because of events related to domestic violence or stalking; funding for
victim assistance services like grief crisis centers and hotlines; and
programs to meet the needs of women of different races or ethnicities.
A vote for this legislation is a vote to protect women--not some
women, but all women.
Madam Speaker, I am very proud to represent a facility sheltered from
the storm in my congressional district, and I thank them for their hard
work and for their dedication in helping victims of domestic violence.
Mr. CONYERS. Madam Speaker, I would like to yield to the gentlewoman
from California, Lucille Roybal-Allard, for a unanimous consent
request.
(Ms. ROYBAL-ALLARD asked and was given permission to revise and
extend her remarks.)
Ms. ROYBAL-ALLARD. I rise in strong opposition to this bill.
Madam Speaker, I rise today in strong opposition to H.R. 4970, the
Violence Against Women Act (VAWA). While I agree with my colleagues
that we must reauthorize VAWA, I cannot support this version of the
bill given the numerous ways it fails to protect women and families.
Despite the significant progress we have made as a nation addressing
violence against women, nearly one-third of women in the U.S. still
report being physically or sexually abused by a husband or boyfriend in
their lifetime. Domestic violence, dating violence, sexual assault, and
stalking lead to severe social, health, and economic consequences for
our communities, with the estimated cost of violence exceeding 70
billion dollars each year.
Historically, each time VAWA has come up for reauthorization,
Congress has added beneficial provisions to the bill and passed it with
strong bipartisan support. In 2005, we included language referencing
culturally and linguistically specific services to help eliminate
barriers for many racial and ethnic minorities. My colleagues and I
also successfully included a new health title in the last VAWA
reauthorization that strengthened our health care system's capacity to
prevent violence and develop effective interventions to abuse.
The version of VAWA before us today threatens to roll back those
gains and limit protections for victims, ultimately endangering their
safety in life-threatening ways. H.R. 4970 omits provisions in the
Senate-passed bill that ensure equal treatment and access to services
for LGBT survivors. It denies justice for tribal women abused by non-
Indians, negating the reality that Native American women suffer
domestic violence at epidemic proportions, but remain largely
unprotected under current law. It also jeopardizes the personal
security of victims who rely on public housing by forcing some to
choose between swiftly moving away from an abuser and losing their
housing subsidy.
Equally egregious, H.R. 4970 eradicates protections that have
benefited immigrant women for nearly 20 years. The legislation creates
barriers for immigrant crime victims seeking U-visas and silences those
who fear deportation. H.R. 4970 overturns the current ability of
immigrant victims of domestic violence to confidentially self-petition
for permanent residency, thereby returning power to abusive U.S.
citizen and legal permanent resident spouses who wield their status as
a tool of dominance and control. Since VAWA's inception in 1994, nearly
75,000 self-petitions have been approved for immigrant victims who
would have otherwise remained dependent on an abusive spouse to adjust
their status. We cannot reverse course on this important self-petition
provision and turn our backs on immigrant women and families.
I am also disappointed that, yet again, provisions to alleviate the
economic factors that keep victims in abusive relationships have not
been included. For the last 16 years, I have introduced legislation,
the Security and Financial Empowerment Act (SAFE Act), to address this
issue. The SAFE Act extends eligibility for unemployment benefits to
victims forced to leave their jobs due to circumstances stemming from
domestic violence, allows victims to take unpaid leave to make court
appearances and seek necessary assistance, and it prohibits employers
or insurance providers from basing hiring or coverage on an
individual's history of abuse. These provisions ensure that domestic
violence survivors have the financial security they need to escape an
abusive situation. Failing to address these economic concerns is just
another way this legislation fails to adequately protect survivors of
domestic violence.
It's unfortunate that Republicans are playing politics with women's
lives and pushing a bill that deviates so sharply from the kind of VAWA
reauthorization that victims of domestic violence, dating violence,
sexual assault, and stalking truly need. Hundreds of organizations
across the country have opposed HR. 4970 on the grounds that it harms
our families and communities. Unconscionably, the GOP appears more
concerned about advancing a political agenda than listening to the
American people. This is grossly insensitive to the lived experiences
of those who tragically find themselves in abusive situations and count
on our support.
Victim safety is at the core of VAWA and always has been. I cannot in
good conscience vote to pass this version of VAWA, as it erases 18
years of bipartisan efforts to respond to the needs of victims of
domestic violence. I urge my colleagues to join me in voting this bill
down so that we may consider an alternative VAWA reauthorization
proposal that improves protections for all survivors, including
immigrant women and other vulnerable populations.
Mr. CONYERS. Madam Speaker, I now yield 2 minutes to a senior member
of the committee, the gentleman from New York, Jerrold Nadler.
Mr. NADLER. Madam Speaker, this is a partisan Republican bill that
not only rejects the bipartisan reforms to VAWA that were passed in the
Senate but that would roll back protections for immigrant women that
exist in current law.
For example, with respect to immigration, the House Republican bill,
even as amended by the manager's amendment, favors abusers by
eliminating the requirement that abuser-provided evidence be
investigated and corroborated before it can be used to deny victims
protection. It also delays protection to battered victims by staying
adjudications during pending investigations or prosecutions.
The bill also fails to fully address the astronomically high rates of
domestic violence against Native American women. A major cause is
jurisdictional. Tribal governments cannot take action against non-
Native Americans who commit acts of domestic violence even on tribal
land. The Senate bill, which passed with bipartisan support, would fix
this problem. The House Republican bill ignores this issue.
Finally, H.R. 4970 fails to make VAWA fully inclusive. The bipartisan
Senate bill would add sexual orientation and gender identity to the
eligibility for grant programs under VAWA
[[Page H2767]]
so that groups could focus on victims amongst this underserved
population. The Senate bill would also include sexual orientation and
gender identity as classes in the new VAWA antidiscrimination language.
The House Republican bill fails to include these provisions.
The bottom line is that House Republicans have taken the issue of
protecting women from violence, which used to be bipartisan, and have
made it partisan--just like everything else. Maybe women across America
should not be surprised, as this majority has been waging a war on them
since the beginning of this Congress. But, my friends, we do not have
to let this stand.
I ask my colleagues to join me in voting against this bill. Let us
reject this partisan VAWA reauthorization and work, as the Senate did,
on passing a bipartisan measure--or better yet, simply pass the very
good, bipartisan Senate bill. We don't need a retrogressive House bill
that goes back on existing protections. The Senate did a fine job on a
bipartisan basis. We should pass its bill.
Mrs. ADAMS. I am pleased to yield 2 minutes to the gentlewoman from
Missouri (Mrs. Emerson), who is also a cosponsor of this important pro-
woman legislation.
Mrs. EMERSON. Madam Speaker, in every State and every congressional
district--I dare say in every community in our Nation--there is
domestic violence. It's a tragedy, and it's often a silent tragedy in a
home or in a situation where victims feel trapped. They need to know
that the resources to help them are there, and the people who commit
these crimes need to understand that the penalties for their abuses are
severe. We all need to send the message that this law is important and
that this Congress has zero tolerance for violence against women.
I've been to many shelters for victims of domestic violence in
Missouri. They can't publish their addresses publicly. Still today,
there is a network of women who can get you to a safe place, but you
might not know who they are in your community until they save your
life.
Domestic violence, rape, sexual abuse, and sexual assault are rarely
discussed because they are such painful and shameful subjects, but they
afflict women of all ages and from all walks of life. We can bring some
small relief to all of the victims of these atrocities by speaking with
one voice today and not trying to make this a political issue.
These crimes are not acceptable--ever. The criminals who commit them
deserve every bit of the stringent punishments contained in this
legislation, making any one of them think twice before raising a hand
in anger. Giving one woman the courage to escape grave danger in her
own home or sending one young person out into the world with an
understanding of the seriousness of these crimes all make today in the
House and this bill worthwhile. I urge the bipartisan passage of this
bill.
Mr. CONYERS. Madam Speaker, I am pleased now to yield 1 minute to the
gentlelady from California, Judy Chu, a member of the committee.
Ms. CHU. As a former rape counselor, I've gone to emergency rooms and
have seen the damage that sexual assault and domestic violence have
caused. That is why I was so relieved when the Violence Against Women
Act passed. And for the last 20 years, Members of Congress from both
sides of the aisle have come together for legislation to protect women
from violence. But not anymore.
Though the Senate passed a bipartisan bill to reauthorize VAWA, with
the support of 15 Republicans, including every female Republican
Senator, this Republican House bill differs greatly. It declares war on
women. The manager's amendment tries to make some changes, but don't be
fooled. They are just small tweaks designed to pull the wool over
women's eyes. They are trying to sneak in a bill that still fails to
protect all women, that leaves LGBT victims out, and that prevents
Native American women from seeing their abusers prosecuted.
Let me be clear. This bill still rolls back existing law. For
instance, with this bill, there is new, expedited deportation for any
abused immigrant woman coming forth who has had even the slightest of
errors in her report. If she goes to an emergency room and is in pain
but has an error in her report, then she would be deported.
Let's make sure that this bill does not pass. I urge its defeat.
Mrs. ADAMS. I yield 2 minutes to the gentleman from Wisconsin (Mr.
Sensenbrenner), who is a cosponsor of the legislation and the
distinguished chairman of the Judiciary Subcommittee on Crime,
Terrorism, and Homeland Security.
Mr. SENSENBRENNER. Madam Speaker, I can't believe what I am hearing
on the other side of the aisle.
I was the author of the last reauthorization of VAWA. It passed this
House 415 4. Many of the Members who are complaining about the
inadequacy of the present law weren't around to try to strengthen it,
and they didn't attempt to propose amendments. Instead, they seemed to
have fallen for the contagion that started on the other side of the
Capitol by expanding the scope of the law in a very controversial
manner and by making an issue of whether a non-Indian can be prosecuted
in a tribal court, which brings up huge constitutional issues because
the Bill of Rights does not apply in tribal courts.
I don't think it is the authors of this bill, and particularly the
gentlewoman from Florida (Mrs. Adams), who have anything to do with
making this a partisan bill. It is the people on the other side of the
aisle on both sides of the Capitol who have decided to use this as a
political issue.
{time} 1550
And there was one Member of the other body that said the Republican
Party has declared war on women. That's not the case. This bill
increases authorizations. It makes it more effective, and it limits
administrative expenses so that the money is spent on victims. It
really is a victims' rights bill.
If those who are up here complaining about this legislation and
strongly opposing it cause its defeat, the first casualty of the war on
women is going to be the most important bill that has protected women
for the last 18 years, the Violence Against Women Act.
Madam Speaker, if the people on the other side are successful, the
blood of the defeat of this bill will be on your hands, not on ours.
Mr. CONYERS. Madam Speaker, I yield myself 30 seconds to remind my
dear friend from Wisconsin, when he was chairman of the committee, in
the 2005 Judiciary Committee report, he said:
These protections are designed to ensure that abusers and
criminals cannot use the immigration system against their
victims, as abusers are known for interfering or undermining
their victim's immigration cases and encouraging immigration
officers to pursue removal actions against their victims.
Madam Speaker, I yield 1 minute to the distinguished Member from
Illinois, Mike Quigley.
Mr. QUIGLEY. I agree, it's not political, but the Senate had it
right.
Every year we reauthorize this, we expand who we're protecting. The
scenery is moving behind us, as well. We need to make sure we take
those people into consideration. Strive as you might to avoid trying to
protect LGBT victims, the Senate had it right, and we should do that
here.
According to a recent survey of service providers who work with LGBT
victims, 85 percent work with victims who have been denied services
because of his or her sexual orientation or gender identity. Gender-
neutral language is not sufficient. Gay men are not turned away from
shelters because they're men; they're turned away because of
discrimination based on their sexual orientation.
Discrimination is real. Violence is violence. Personal stories
matter, but they should matter to everyone. Every one of these people
are citizens of our country that deserve equal protection.
Discrimination is real, and we can't pretend it doesn't exist or hope
that we don't have to have--
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. CONYERS. I yield an additional 15 seconds to the gentleman.
Mr. QUIGLEY. I know there are folks who don't want to, in any way,
have a pro-gay vote on it, but this is protecting human beings. It's
the right thing to do. It should have been in this part of the bill. I
suggest everyone vote ``no.''
Mrs. ADAMS. Madam Speaker, I yield 10 seconds to myself just to point
out that the survey that we've heard about was received back, and the
complaint was the lack of data that it received. I will remind my
colleagues on
[[Page H2768]]
the other side that this bill and the current law protects all victims.
I yield 3 minutes to the gentlewoman from Ohio (Mrs. Schmidt), who is
a cosponsor of the legislation.
Mrs. SCHMIDT. Madam Speaker, I rise today in strong support of H.R.
4970, the Violence Against Women Reauthorization Act of 2012. And I
would like to commend my good friend, Mrs. Adams from Florida, for
spearheading this reauthorization. Mrs. Adams is a former law
enforcement officer and knows the effects of domestic violence all too
well and the chronic problems that we are faced with in this country.
We've all heard the statistics. The following are directly from the
National Coalition Against Domestic Violence:
One in four women will experience domestic violence in her lifetime;
The health-related costs of intimate partner violence equals at least
$5.8 billion annually;
One in six women and one in 33 men have experienced an attempted or
completed rape. Men aren't immune from this either;
Thirty to 60 percent of perpetrators of intimate partner violence
also abuse the children in the household;
Domestic violence is one of the most chronically underreported
crimes, for good reason.
These are difficult statistics, Madam Speaker, and they are certainly
not easy to think about, but that's the reality we face in America.
H.R. 4970 goes a long way to help the victims, their families, and law
enforcement in working to lower those statistics by providing
authorization for 5 years, enough time for agencies and departments to
make plans and programs, as well as carry them through. Penalties for
sexual assault and abuse are made stronger, improvements are made in
emergency housing for victims, and great strides are made to end the
backlog of testing rape kits.
I've been blessed to never have experienced this personally, but as a
child, I witnessed it. My mother had a friend who ended up so violently
attacked, so physically harmed, that she stayed at our house until she
could finally get well enough, and my mother finally talked her into
getting out of that environment. But that was the fourth or the fifth
time that that lady, Rita, ended up staying in our house.
When I was a young adult having children, a friend of mine, again,
had the same issue happen to her. What I realized was we didn't have
anything in Clermont County to help them, but we had a homeless shelter
that was very marginal. So I worked with the county prosecutor. You
know I'm a runner. For 15 years, we put on a 5K to put money in the pot
to keep that homeless shelter open so that women had a place to go.
Madam Speaker, we can't continue to go back on the backs of good
volunteers in America. We, as a government, have to help these women,
too. If we had those programs in place, Rita wouldn't have ended up in
our house. She would have ended up in a place that could have
psychologically and physically helped her. If we had had these programs
in place, my friend Karen wouldn't have had to have been on the street,
as well.
I urge my colleagues to face this reality head-on, and let's vote for
this bill. It's time we do it for our women.
Mr. CONYERS. Madam Speaker, I yield myself 15 seconds.
More than 300 organizations oppose this bill, including the American
Red Cross and the National Council Against Domestic Violence.
I ask the floor manager: Who supports it?
I yield 1 minute to a distinguished member of the committee, Hank
Johnson of Georgia, himself a former magistrate.
Mr. JOHNSON of Georgia. Madam Speaker, I rise in opposition to H.R.
4970, the so-called VAWA bill, also known as the Violence Against Women
Reauthorization Act. It should be renamed WAWA, or ``War Against Women
Act.'' This bill rolls back existing protections and is simply shocking
in its callousness towards women and victims of abuse
Native American women, they are women, too. Three out of five are
victims of domestic and sexual violence. They are murder victims at the
rate of 10 times the national average, but yet H.R. 4970 denies
protections to help those women. It also rolls back U visa protections
for certain immigrant women who depend on their spouses for their
immigration status. These women are particularly vulnerable to abuse.
LGBT victims are excluded also.
Instead of this flawed bill, we should be considering the bipartisan
Senate bill. And domestic violence does not recognize political
parties. I urge House Republicans to come back to the table with a bill
that we can all be proud to call the Violence Against Women
Reauthorization Act of 2012.
Mrs. ADAMS. Madam Speaker, I yield 2 minutes to the gentleman from
Oklahoma (Mr. Cole).
{time} 1600
Mr. COLE. I thank the gentlelady for yielding.
Madam Chairman, I rise today in support of H.R. 4970. The bill, as
reported out of the Judiciary Committee, lacked provisions protecting
tribal women. But Chairman Smith and his staff, along with Leader
Cantor and Congresswoman Adams, worked with me to ensure that the
protections for tribal women were added and included in this bill.
This bill does not change any existing authority that tribal courts
possess but adds an additional tool in Federal court to combat violence
against tribal women. The bill includes a mechanism for tribes to
petition a Federal court on the victim's behalf, which is important to
victims of limited means living in remote locations.
I support the tribal provisions of the Senate-passed VAWA and the
provisions found in the SAVE Native Women Act, H.R. 4154, of which I'm
a cosponsor. I believe that those provisions are, indeed,
constitutional. But the protections found in this bill will have a
positive effect in Indian country. These provisions aren't perfect, but
they improve current law considerably. I support the progress made in
this bill. I urge my colleagues to support H.R. 4970. We cannot improve
a bill and strengthen tribal sovereignty if we can't get a bill to
conference.
Mr. CONYERS. Madam Speaker, I am pleased now to yield 2 minutes to
the gentlelady from Texas, Sheila Jackson Lee, a senior member of the
House Judiciary Committee.
Ms. JACKSON LEE of Texas. Why do we find ourselves here today having
this kind of debate that calls upon the higher angels of all Members,
recognizing that as I stand on the floor today, some woman is losing
her life. She may be a Native American woman. That individual may be
from the LGBT community or the immigrant community.
Why are we here today divided when all we needed to do was to work in
a bipartisan manner? The Senate bill, which tracked the process and the
strategy and the approach that we've used in all of the
reauthorizations of VAWA; we have always expanded it to reach the needs
of new victims. What do you say to a Native American woman when you
limit the ability for that woman to be protected? In fact, in
particular, you make it that much harder, for what you do is that it
authorizes tribal governments to seek protection orders on behalf of
victims with or without their protection or permission, violating the
core principles that such victims must have autonomy. Why that
language?
With respect to the LGBT community, my friends on the other side will
say, They're already protected. But we realize that the clarity of the
law gives the protection that is necessary when someone is desperate,
because as the Federal Government passes laws, it permeates to counties
and cities and hamlets that need to have the interpretation to ensure
that the law is equally applied. So this is why we call for the passage
of the Senate bill and a bipartisan bill.
And my friends on the other side of the aisle--seven Republicans
wrote Chairman Smith and said, We want the bipartisan bill. That's what
we're asking for, not anything extraordinary.
When you talk about providing for rape kits and someone says on the
other side, We've increased it to 75 percent to address the backlog--
well, in actuality, they have not because they've taken money from some
other programs. So, Madam Speaker, all I can say is, Why are we here?
Let us stand united to help women. Let us not default on our allowance
that we've
[[Page H2769]]
been given to serve the American people, and the women are desperate.
Someone is dying as I speak.
Vote for the Senate bill. Let us do this in a bipartisan way.
Mrs. ADAMS. Madam Speaker, I yield 3 minutes to the gentlewoman from
North Carolina (Mrs. Myrick) who is also a cosponsor of this very good
legislation.
Mrs. MYRICK. I would like to thank the Judiciary Committee for
bringing this bill forward and a special thanks to Sandy Adams for the
incredible work she's done on this bill. It took tremendous courage on
her part to produce a good bill in the face of tremendous relentless
partisan attacks. Sandy has seen the challenges women face daily as a
former law enforcement officer.
As a woman, I'm proud of this bill. It reauthorizes the Violence
Against Women Act programs for 5 years and provides more than $600
million per year to help prevent domestic violence and protect those
victims of abuse. For almost two decades, VAWA provisions have helped
women across the country, and Congress needs to continue these
important initiatives.
Most of us know of domestic violence situations that take place in
our districts all the time, unfortunately. Again, unfortunately, this
problem is increasing all across the country. The need for help is
huge. So it's very important that we provide the resources to the women
who are being abused, and they can have a place to go and someone to
help them get through what has to be an absolutely horrible experience
in their life. Thank goodness I have never experienced it.
Our bill offers significant improvements. There is greater
accountability and transparency with the funding of these programs. We
have strengthened the penalties against abusers, which is so important,
and we've improved the services and protections for younger victims.
Lastly, we've streamlined and updated the immigration provisions in the
bill to address considerable fraud while still offering protections
under the Violence Against Women Act, the statutes that are there to
protect immigrant victims.
So I'm very proud to offer my support for the bill, and I'm very
proud to be a cosponsor. I would urge all of my colleagues on both
sides of the aisle to support this reauthorization.
Mr. CONYERS. Madam Speaker, I am pleased to yield 1\1/2\ minutes to
Linda Sanchez, a distinguished member of the House Judiciary Committee.
Ms. LINDA T. SANCHEZ of California. Madam Speaker, I rise today to
oppose this Republican bill that dangerously leaves victims of domestic
violence worse off than they are under current law. To say that this
legislation builds on current law is patently false.
Our Senate colleagues passed a strong version of the Violence Against
Women Act with broad bipartisan support. Every Republican woman in the
Senate voted in favor of it. Instead of crafting a bill of similar
strength, my Republican friends in this body have insisted on taking
back crucial protections for abused victims throughout our country.
This Republican bill makes it more difficult for immigrant victims to
work with law enforcement to report and help prosecute serious and
violent criminals.
This Republican bill pretends the LGBT community doesn't exist and
would allow victim service organizations to discriminate against LGBT
victims when they seek help.
This Republican bill would further endanger the lives of Native
American women who suffer abuse in epidemic proportions in this
country. This Republican bill doesn't expand protections for women; it
puts more women at risk by weakening current protections.
America's women deserve better. I encourage all of my colleagues to
reject this Republican bill and support the Democratic alternative.
Mrs. ADAMS. I reserve the balance of my time.
Mr. CONYERS. I am pleased now to yield 1 minute to the distinguished
gentlelady from Minnesota, Betty McCollum.
Ms. McCOLLUM. I oppose this bill. For the first time, the Violence
Against Women Act is now a divisive piece of legislation. We could be
voting on a bipartisan bill already passed by the Senate, but instead,
the Tea Party majority of the Republicans has chosen to bring a
bipartisan discriminatory bill to the floor today, and it eliminates
protections for victims of violent crime.
All women who experience violence have the right to be protected.
They need to know that their attackers will be tried in a court of law.
And the purpose of VAWA has always been to ensure that all victims of
violence are protected and that all their basic human rights are upheld
no matter what one's sexual orientation, ethnicity, or legal status in
this country is.
This country failed to protect all women, and that's why this
legislation failed to get the support from the advocates and from women
all across this country.
I oppose this measure, and I encourage my colleagues to vote ``no.''
{time} 1610
Mrs. ADAMS. I continue to reserve the balance of my time.
Mr. CONYERS. Madam Speaker, how much time is remaining on both sides?
The SPEAKER pro tempore (Mrs. Emerson). The gentleman from Michigan
has 13\1/4\ minutes remaining, and the gentlewoman from Florida has
9\1/2\ minutes remaining.
Mr. CONYERS. Thank you.
Madam Speaker, I yield 1 minute to the gentleman from Washington,
Rick Larsen.
Mr. LARSEN of Washington. Madam Speaker, in 2006, I, along with
Senator Cantwell, made sure that the International Marriage Broker
Regulation Act, or IMBRA, was enacted as part of the last
reauthorization of VAWA. It put regulations in place to protect foreign
women brought here through the mail-order bride industry to keep them
from falling prey to serial abusers.
Pushing this legislation forward 6 years ago was important to me
because a young woman named Anastasia King, a so-called mail-order
bride, was found dead. She had been strangled to death by her husband
and buried in a shallow grave in 2000 in a wooded area in my district.
Her husband had a domestic violence protection order issued against him
from a previous wife. Indle King killed Anastasia because he wanted to
get a new bride and didn't want to pay for a divorce.
The VAWA bill being considered in the House today does not go far
enough to strengthen those same protections that we established in
2006. It leaves out important amendments to IMBRA that passed in the
bipartisan Senate bill, like putting penalties in place to keep a man
like Indle King from simply lying about his violent history so as to
lure another woman here to be abused and then discarded.
We must use this reauthorization process to strengthen protections
against abusers, not strengthen abusers' upper hand. We must use this
reauthorization process to reaffirm that VAWA's protections are for all
victims, including tribal women and LGBT individuals.
Mrs. ADAMS. I continue to reserve the balance of my time.
Mr. CONYERS. Madam Speaker, I yield myself 30 seconds.
This is the third time I have asked my friends on the other side to
please tell me why all of the women's organizations, law enforcement
organizations--some 200-plus--are against this bill, and all of them
were supporting the previous bill.
I yield to the distinguished manager of the bill, a dear friend of
mine, for a response.
Mrs. ADAMS. Thank you, Mr. Conyers.
I will tell you, shame on them. Shame on them. This bill reauthorizes
VAWA for 5 years at the same levels as the Senate. It protects victims.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. CONYERS. I yield myself an additional 30 seconds.
Since we're shaming on every organization that protects women, would
you tell me who supports the Republican version of the bill? Name
somebody.
Mrs. ADAMS. If the gentleman would yield, I can say that I do, and I
know that we have a list of them.
I will tell you, Mr. Conyers, that I have sat quietly and tried to
behave here, but I am offended when I hear that this does not protect
victims. I am offended when I hear that we are politicizing something
that was politicized
[[Page H2770]]
on the other side in the other Chamber and by the other side of the
aisle.
So I have very much concern about that because, as someone who has
been in the situation, who has been on the scenes of these crimes, we
are trying to reauthorize something that is very important to victims
across our Nation--victims, not politics. And that's where I stand on
this issue.
The SPEAKER pro tempore. The time of the gentleman has again expired.
Mr. CONYERS. I yield myself an additional 30 seconds.
I have asked why hundreds of organizations are supporting it, and you
say: Shame on them. I ask who's supporting the Republican measure and
you say: I am. Well, I'm glad to know that. And I think that just about
tells everybody where the logic and the support for this bill is. There
is none. It's a Republican--not a prank, but a serious blow to women.
And that's what the organizations know, and that's why, Madam Floor
Manager, they're opposed to this bill.
Mrs. ADAMS. I continue to reserve the balance of my time.
Mr. CONYERS. I yield 2 minutes to Zoe Lofgren, a member of the
committee.
Ms. ZOE LOFGREN of California. I think sometimes it's helpful to get
into the nitty-gritty of legislation. This bill changes the law that
exists today and reduces protection for immigrant women in key ways.
Let me just talk about one of the ways.
If you are an immigrant temporarily here, or even without your
documents, and you are a victim of domestic violence and the police
want to keep you here because you're a witness or they need your help
in a prosecution, the police can obtain what is called a U visa so you
get to stay here. That's in the current law. It was bipartisan. It was
done in the year 2000.
This bill changes that in important ways. Under current law, if you
are a U visa holder, you have the possibility of applying for a
permanent visa. Why is that important? Because otherwise, if you come
forward to cooperate with the police, you could be voluntarily
deporting yourself and be separated from your children, and that is a
deterrent to people coming forward to work with the police. That's why
it was crafted the way it was. Even under the manager's amendment,
there is a diminution of that possibility, and it would lead to absurd
results.
I'll give you an example.
Under the manager's amendment, you can only apply for the residence
if your abuser had been deported to the country where you are from. So
a U visa is for 4 years. If your abuser is serving a 5-year sentence,
you have to be deported, and then your abuser will come after you the
next year. It's a stupid provision, unfortunately. I can't believe that
that's the intended result. I know Mrs. Adams is sincere, but that's
what is in the bill. And that's why people object to the bill--that,
among many other provisions that will endanger women and take us back
from where we were.
I think that when you take a look at not just the groups that support
the Senate bill instead of this, but the groups that support this bill,
who embrace abusers, you know where you need to stand--and that's not
with this bill, despite the sincerity of the author.
Mrs. ADAMS. I yield myself such time as I may consume.
Let me first clarify. The bill requires that U visa holders actually
assist law enforcement. Current law does not. Let's make that very
clear. The other thing is we do want them to cooperate because we do
want those perpetrators off the streets. We want to make sure they're
off the streets so that no other victim is victimized.
In the earlier version of the bill, I was very concerned about: What
about the next victim? If we do this and we don't address this, what
about the next victim? Which victim doesn't make it out of that house?
And I've heard my colleagues on the other side talk about how we're
trying to do something because of immigration. No. We're trying to do
something to protect the victims and the next victims if we don't get
the circle of violence stopped. It always repeats itself.
I reserve the balance of my time.
Mr. CONYERS. Madam Speaker, I am pleased to yield 1 minute to our
leader, Nancy Pelosi.
Ms. PELOSI. I thank the gentleman for yielding. I thank him for his
leadership on this important issue, not only as this legislation comes
to the floor, but for the past couple of decades on the subject. I
commend the maker of our motion to accept the Senate bill,
Congresswoman Gwen Moore, for her sincere leadership on this issue as
well.
Madam Speaker, 18 years ago, Members of Congress came together--some
of us gathered in this Chamber right now--came together to make history
with the original passage of the Violence Against Women Act. We helped
ensure that no victim of domestic violence has to suffer in silence.
I want to especially salute our Vice President, Joe Biden, who was
chairman of the Judiciary Committee in the Senate at the time, who
worked with our chairman and many Members on both sides of the aisle to
pass that legislation, again, making history.
{time} 1620
The original Violence Against Women Act took domestic violence out of
the shadows and shone bright sunshine on it.
In the years since, domestic violence has decreased by more than 50
percent--more than 50 percent. What a remarkable outcome. Twice in the
intervening years we have come together in a bipartisan way to
reauthorize and strengthen the law. This year our colleagues in the
Senate acted similarly, passing a strong bill with a strong bipartisan
vote of 68 1, including the support of every single woman in the
Senate, Democratic and Republican alike. In doing so, they not only
built on the history of the past, but they made progress for the safety
of American women.
In sharp contrast, sadly, while it was a strong bipartisan bill in
the Senate, and our substitute that we requested from the Rules
Committee was to be able to put forth the Senate bill, so that would be
the Senate Democrats and Republicans and House Democrats all in
agreement, unfortunately in sharp contrast, House Republicans have
brought to the floor today a bill that is controversial in that it will
weaken the protections we have given to those who suffer domestic
violence, sexual assault, or stalking.
This legislation on the floor fails vulnerable people--members of the
LGBT community, Native American women, and immigrant victims. All
people deserve to be protected from domestic violence. There should be
no exceptions to this law. We can't say women of America, we're passing
a bill to protect you--not so fast in your applause if you happen to be
a member of the LGBT community, an immigrant or otherwise, or a Native
American woman.
Because the Republican bill is a step backward from the current law
of the land, more than 300 organizations have spoken out in opposition,
from the American Bar Association to the YWCA.
Local law enforcement officials have said that this Republican House
bill ``will impede criminal investigations, undermine prosecutions, and
interfere with victim safety.'' I repeat the quotation. The local law
enforcement officials have said this bill ``will impede criminal
investigations, undermine prosecutions and interfere with victim
safety.''
Religious organizations such as the Lutheran Immigration and Refugee
Service and the National Association of Evangelicals have also
expressed strong opposition to certain provisions of this legislation.
The many advocates and experts who work day in and day out on this
issue, on the issue of domestic violence, have also opposed the House
Republican version of the Violence Against Women Act. Republicans have
chosen not to listen to the professionals in the field and are failing
to give the many organizations serving battered women the tools that
they need.
The Obama administration has said in their Statement of
Administration Policy that the legislation ``rolls back existing law
and removes long-standing protections for victims of domestic violence
and sexual assault--crimes that predominantly affect women.'' That is
why the President's senior advisers have said that they would recommend
that the President veto this bill.
Today, this House of Representatives has heard powerful statements
from women Members of Congress about the
[[Page H2771]]
need to pass a strong Violence Against Women bill. I hope that the
safety of women will be high on the list of our colleagues as they
determine their vote.
For nearly 20 years, the Violence Against Women Act has strengthened
communities and provided critical life-saving support to victims of
violence. Because of this law, more victims get the help they need and
domestic violence rates have decreased. Not only has VAWA saved lives;
it has saved money. All Americans are entitled to feel safe, including
in their own homes--every one of us. Yet too many women continue to
live in fear. That is why we must strengthen, never weaken, the
Violence Against Women Act.
And I want to commend the members of the Judiciary Committee, my
colleagues on the House side, the Democratic side, who have brought
such tremendous intellectual resource to this legislation, listening to
those who minister to the needs of women who have been victims of
domestic violence and to those who are trying to protect it.
I know that everyone in this body, Democratic and Republican alike,
have the same goal, which is the safety of women. We not only want us
to have the same goal, we want us to have the same goal for all women
in America. And that's why we must strengthen, never weaken, the
Violence Against Women Act.
Because this bill on the floor rolls back current law and fails to
protect all victims of violence, I urge my colleagues to oppose it.
Office of the Democratic Leader
May 16, 2012.
UPDATED: More Than 300 Organizations Oppose House GOP VAWA Bill
Today, the House will consider H.R. 4970, the House GOP
Violence Against Women Act (VAWA) Reauthorization bill. The
bill is being considered under a closed rule.
More than 300 organizations oppose the House GOP bill,
including such groups as the U.S. Conference of Mayors,
National Coalition Against Domestic Violence, National
Network to End Domestic Violence, National Coalition of Anti-
Violence Programs, Break the Cycle, Legal Momentum,
Leadership Conference on Civil and Human Rights, National
Organization for Women, Feminist Majority, YWCA USA, AAUW,
Business and Professional Women's Foundation, National
Women's Law Center, Planned Parenthood Federation of America,
American Bar Association, NAACP, National Council of La Raza,
Human Rights Campaign, United Church of Christ, United
Methodist Church, Jewish Council for Public Affairs, and
National Congress of American Indians.
The National Association of Evangelicals and the Lutheran
Immigration and Refugee Service are opposed to the immigrant
provisions in the bill.
The Administration has also issued a veto threat on the
bill.
____
May 16, 2012.
A Vote for H.R. 4970 is a Vote Against VAWA
Dear Colleague: Please see below for the more than 320
groups and individuals who have written in opposition to key
provisions of H.R. 4970:
1. Advocates for Basic Legal Equality, Inc.
2. Advocates for Human Rights
3. African Services Committee
4. Alachua County Victim Services and Rape Crisis Center
5. Alaska Federation of Natives
6. Alianza Latina en Contra la Agresion Sexual
7. Alliance for Immigrants Rights & Reform--Michigan
8. American Bar Association
9. American Civil Liberties Union
10. American Federation of Labor
11. American Gateways
12. American Immigration Lawyers Association
13. American Immigration Lawyers Association (AILA),
Washington Chapter
14. American Jewish Committee
15. American Public Health Association
16. Americans for Immigrant Justice, Inc.
17. America's Voice Education Fund
18. Anindita Dasgupta, MA, Doctoral Candidate at the
University of California, San Diego
19. Anita Raj, PhD, Professor of Medicine and Global Public
Health at the University of California, San Diego
20. Artemis Justice Center
21. ASHA for Women
22. Asian American Legal Defense and Education Fund
23. Asian Pacific American Legal Center, a Member of the
Asian American Center
24. Advancing Justice
25. Asian & Pacific Islander Institute on Domestic Violence
26. Asian Pacific Islander Legal Outreach
27. ASISTA
28. Ayuda
29. Bangladeshi American Democratic Caucus of Michigan
30. Bangladeshi American Democratic Caucus
31. Boesche Legal Clinic, University of Tulsa College of
Law
32. Boston University Civil Litigation Program
33. Break the Cycle
34. California Coalition Against Sexual Assault
35. California Partnership to End Domestic Violence
36. Caminar Latino
37. Campaign for Community Change
38. Canal Alliance
39. Capital Area Immigrants' Rights Coalition
40. Captain Maria Alvarenga Watkins, (Retired) Metropolitan
Police
41. Department, Washington, D.C.
42. Casa Cornelia Law Center
43. Casa de Esperanza: National Latin@ Network for Healthy
Families and Communities
44. CASA de Maryland, Inc.
45. Casa de Proyecto Libertad
46. Casa Esperanza
47. Center for Family Policy & Practice
48. Center for Gender & Refugee Studies
49. Center for Pan Asian Community Services, Inc.
50. Center for Victim and Human Rights
51. CenterLink: The Community of LGBT Centers
52. Central American Resource Center
53. Chief Brian Kyes, Chelsea Police Department,
Massachusetts
54. Chief Pete Helein, Appleton Wisconsin Police Department
55. Christian Community Development Association
56. Church World Service
57. Clergy and Laity United for Economic Justice
58. Coalition Against Religious Discrimination
59. Coalition for Humane Immigrant Rights of Los Angeles
60. Coalition to Abolish Slavery & Trafficking
61. Colorado Coalition Against Sexual Assault
62. Community Action and Human Services Department
63. Community Action Network
64. Community Immigration Law Center
65. Connecticut Legal Services Inc.
66. Community Legal Services in East Palo Alto
67. Community Refugee and Immigration Services
68. Community Solutions
69. Connecticut Legal Services, Inc.
70. Cris M. Sullivan, Ph.D., Professor, Ecological/
Community Psychology, Associate Chair, Psychology Department
71. Detective Sergeant Robert Mahoney, Peabody Police
Department, Massachusetts
72. Detective Shelli Sonnenberg, Boise Police Department,
Idaho
73. Detective Stacey Ivie, Alexandria Police Department,
Virginia
74. Domestic Violence in the African American Community
75. Domestic Violence Legal Empowerment and Appeals Project
76. DREAM Activist Virginia
77. Education Not Deportation Project of the United We
Dream Network
78. El Rescate Legal Services, Inc.
79. Empire Justice Center
80. Enlace Comunitario
81. Equal Justice Center
82. Esperanza
83. Esperanza Peace and Justice Center
84. Evangelical Lutheran Church in America
85. Evan Stark, Ph.D., MA, MSW, Professor and Director of
Public Health, School of Public Affairs and Administration,
Rutgers University--Newark & Chair, Department of Urban
Health Administration, UMDNJ--School of Public Health
86. FaithAction International House
87. Families and the Law Clinic, Columbus School of Law,
Catholic University of America
88. Families Against Mandatory Minimums
89. Families for Freedom
90. Family Counseling Services of Greater Miami, Inc.
91. Farmworker Justice
92. Feminist Majority
93. First Focus
94. Florida Coastal Immigrant Rights
95. Florida Coastal Immigrant Rights Clinic
96. Franciscan Action Network
97. Freedom Network (USA)
98. Fuerza Latina
99. Futures Without Violence
100. Gay, Lesbian & Straight Education Network
101. Georgia Asylum and Immigration Network (GAIN)
102. Georgia Latino Alliance for Human Rights
103. Gibbs Houston Pauw
104. Giselle Hass, PsyD, Adjunct Professor of Law at
Georgetown University Law Center, Center for Applied Legal
Studies
105. Gulfcoast Legal Services
106. Haven Women's Center of Stanislaus
107. HAVEN, Oakland County Michigan
108. Hawai'i Coalition for Immigration Reform
109. Hawaii State Coalition Against Domestic Violence
110. Hebrew Immigrant Aid Society
111. Hebrew Immigrant Aid Society--Pennsylvania
112. Helene Berman, RN, Ph.D., President of the Nursing
Network on Violence Against Women International
113. Holy Cross Ministries of Utah
114. Human Rights Campaign
[[Page H2772]]
115. Human Rights Initiative of North Texas
116. Human Rights Watch
117. Immigrant Defense Project
118. Immigrant Law Center of Minnesota
119. Immigrant Legal Center of Boulder County
120. Immigrant Rights Clinic, Rutgers School of Law--Newark
121. Immigration Equality
122. inMotion, Inc.
123. InterCultural Advocacy Institute
124. Inter Tribal Council of Arizona
125. International Institute of the Bay Area
126. Intimate Partner Violence Assistance Clinic University
of Florida
127. Iowa Annual Conference of the United Methodist Church
128. Levin College of Law
129. Jacquelyn Campbell, Ph.D., RN, FAAN, Anna D. Wolf
Chair, The
130. Johns Hopkins University School of Nursing and
National Director, Robert Wood Johnson Foundation Nurse
Faculty Scholars
131. Jane Doe Inc.
132. Jay G. Silverman, Ph.D. Professor of Medicine and
Global Health Division of Global Public Health Senior Fellow,
Center on Global Justice University of California at San
Diego, School of Medicine Adjunct Associate Professor of
Society, Human Development and Health Harvard School of
Public Health
133. Jewish Women International
134. Just Neighbors
135. Justice For Our Neighbors
136. Justice For Our Neighbors--Southeastern Michigan
137. Kentucky Coalition for Immigrant and Refugee Rights
138. Kentucky Domestic Violence Association
139. Korean American Resource & Cultural Center
140. Korean Resource Center
141. La Fe Multi-Ethnic Ministries, Intervarsity Christian
Fellowship/USA
142. La Jolla Band of Luiseno Indians
143. Latin American Association
144. Latin American Coalition
145. Latina/o Bar Association of Washington
146. LatinoJustice PRLDEF
147. Leadership Conference of Women Religious
148. Legal Aid Service of Collier County
149. Legal Aid Society of Minneapolis
150. Legal Aid Society of Rochester, New York
151. Legal Aid Society of the Orange County Bar
Association, Inc.
152. Legal Aid Society--Employment Law Center
153. Legal Momentum
154. Legal Services for Children
155. Leslye E. Orloff, J.D. Director, National Immigrant
Women's Advocacy Project, American University Washington
College of Law
156. Lieutenant Carole Germano, Danvers Police Department,
Massachusetts
157. Lutheran Immigration and Refugee Service
158. Lutheran Social Services of New England
159. Mary Ann Dutton, Ph.D., Professor, Department of
Psychiatry, Georgetown University Medical Center
160. Maryland Network Against Domestic Violence
161. Massachusetts Immigrant and Refugee Advocacy Coalition
162. Maui International Language School
163. Mennonite Central Committee U.S.
164. Michigan Coalition for Immigrant and Refugee Rights
165. Michigan Indo-American Democratic Caucus
166. Michigan Muslim Democratic Caucus
167. Midwest Association of Farmworker Organizations
168. Midwest Association of Farmworker Organizations
169. Mil Mujeres
170. Minnesota Coalition for Battered Women
171. Mountain Crisis Services
172. Mujeres Latinas En Accion
173. Muslim Public Affairs Council
174. My Sister's Place (New York)
175. My Sister's Place, Inc. (D.C.)
176. Nassau County Coalition Against Domestic Violence
177. NAACP Legal Defense and Educational Fund, Inc.
178. National Advocacy Center of the Sisters of the Good
Shepherd
179. National African Immigrant and Refugee Women's Network
180. National Alliance to End Sexual Violence
181. National Asian Pacific American Women's Forum
182. National Association of Criminal Defense Lawyers
183. National Association of Evangelicals
184. National Association of Federal Defenders
185. National Center for Transgender Equality
186. National Center for Victims of Crime
187. National Coalition for LGBT Health
188. National Coalition Against Domestic Violence
189. National Coalition of Anti-Violence Programs
190. National Coalition on Black Civic Participation
191. National Congress of American Indians
192. National Congress of American Indians Task Force on
Violence Against Women
193. National Council of Jewish Women
194. National Council of Juvenile and Family Court Judges
195. National Council of La Raza
196. National Council of Negro Women, Inc.
197. National Domestic Violence Hotline
198. National Employment Law Project
199. National Hispanic Christian Leadership Conference
200. National Hispanic Council on Aging
201. National Immigrant Justice Center
202. National Immigration Forum
203. National Immigration Law Center
204. National Immigration Project of the National Lawyers
Guild
205. National Korean American Service & Education
Consortium
206. National Latina Institute for Reproductive Health
207. National Latino Evangelical Coalition
208. National Legal Aid & Defender Association
209. National Network to End Domestic Violence
210. National Organization for Women Foundation
211. National Organization of Sisters of Color Ending
Sexual Assault
212. National Resource Center on Domestic Violence
213. National Resource Center on Domestic Violence and the
Women of Color Network
214. National Task Force to End Sexual and Domestic
Violence Against Women
215. Nawal Ammar, PhD, Professor and Dean of the Faculty of
Social Science and Humanities at the University of Ontario
Institute of Technology
216. Neighbors in Support of Immigrants
217. NETWORK, A National Catholic Social Justice Lobby
218. Network for Victim Recovery of DC
219. Nevada Hispanic Services Inc.
220. New Bridges Immigrant Resource Center
221. New Mexico Asian Family Center
222. New Sanctuary Coalition of NYC
223. New York Anti-Trafficking Network
224. New York State Coalition Against Sexual Assault
225. North Carolina Coalition Against Domestic Violence
226. North Carolina Coalition Against Sexual Assault
227. North Carolina Stop Human Trafficking
228. Northwest Immigrant Rights Project
229. Officer Michael LaRiviere, Salem Police Department,
Massachusetts
230. Ohio Alliance to End Sexual Violence
231. Paso del Norte Civil Rights Project
232. Pennsylvania Immigration Resource Center
233. Physicians for Human Rights
234. Progressive Leadership Alliance of Nevada
235. Political Asylum Immigration Representation Project
236. Public Justice Center
237. Rachael Rodriguez, Ph.D., Associate Professor in the
School of Nursing at Edgewood College
238. RAICES
239. Rainbow Services, Ltd.
240. Refuge House, Inc.
241. Refugio del Rio Grande, Inc.
242. Rhonda Giger, Prosecutor--City of Bothell, WA
243. Rocky Mountain Immigrant Advocacy Network
244. Ross Silverman LLP
245. Rural Women's Health Project
246. Sargent Shriver National Center on Poverty Law
247. SEPA Mujer Inc., Servicios para el Avance de la Mujer
248. Sergeant Inspector Antonio Flores, San Francisco
Police Department, California
249. Service Employees International Union
250. Services, Immigrant Rights and Education Network
251. Sex Workers Project at the Urban Justice Center
252. Sexual Assault Response Services of Southern Maine
253. Sexual Violence Center
254. Sexuality Information and Education Council of the
U.S.
255. Sierra County Victim Assistance Unit
256. Sisters of Mercy Institute Justice Team
257. Sisters of Mercy of the Americas
258. Sisters of Mercy South Central Community
259. Sisters of St. Francis of Philadelphia
260. Social Justice Action Network
261. Sojourners
262. South Asian Americans Leading Together
263. Southern Poverty Law Center
264. Stephanie J. Nawyn, Ph.D., Department of Sociology,
Michigan State University
265. Student Action with Farmworkers
266. Supervising Deputy Sheriff Marcus Bruning, St. Louis
County
267. Sheriff's Office, Missouri
268. Tahirih Justice Center
269. Tapestri, Inc
270. The Advocates for Human Rights
271. The Bridge to Hope
272. The Episcopal Church
273. The Immigrant Legal Resource Center
274. The Kansas/Missouri Dream Alliance
275. The Leadership Conference for Civil and Human Rights
276. The Legal Aid Society
277. The Legal Aid Society of San Mateo County
278. The P.E.A.C.E*. Initiative
279. The Sentencing Project
280. The United Church of Christ, Justice and Witness
Ministries
[[Page H2773]]
281. The Violence Intervention Program
282. The William Kellibrew Foundation
283. TN Coalition to End Domestic and Sexual Violence
284. Transgender Law Center
285. UC Davis Immigration Law Clinic
286. UFW Foundation
287. Unidas, The National Latina LGBT Human Rights
Organization
288. Unitarian Universalist Association of Congregations
289. United Methodist Church
290. United Migrant Opportunity Services
291. United Migrant Opportunity Services/UMOS Inc.
292. United Women.org
293. University of Miami, School of Nursing & Health
Studies
294. U.S. Conference of Catholic Bishops
295. VIDA Legal Assistance, Inc.
296. Vermont Immigration and Asylum Advocates
297. Vermont Network Against Domestic and Sexual Violence
298. Violence Intervention Program
299. Virginia Coalition of Latino Organizations
300. Virginia Organizing
301. Virginia Sexual & Domestic Violence Action Alliance
302. Voces de la Frontera
303. Voces Unidas for Justice
304. Voices of Immigrants in Action/Rural Women's Health
Project
305. Voices of Men
306. Volunteer Attorneys for Rural Nevadans
307. Walnut Avenue Women's Center
308. Washington Defender Association's Immigration Project
309. Washington Immigration Defense Group
310. Washington State Coalition Against Domestic Violence
311. WeCount!
312. Who Is My Neighbor? Inc.
313. Willow Creek Community Church
314. Wisconsin Coalition Against Domestic Violence
315. Wisconsin Coalition Against Sexual Assault
316. Women Against Abuse
317. Women of Color Network
318. Women's Crisis Support--Defensa de Mujeres
319. Women's Law Project
320. Women's Refugee Commission
321. Worker Justice Center of New York
322. Workers Rights Clinic
323. World Evangelical Alliance
324. World Relief
325. Wyoming Coalition Against Domestic Violence and Sexual
Assault
326. YWCA USA
For further information on the overwhelming opposition to
H.R. 4970, please visit the Minority Judiciary Committee web
site: http://democrats.judiciary.house.gov
/issue/materials-opposing-republican-violence-against-women-
act-hr-4970
Or contact House Judiciary Democratic Staff, Ron LeGrand
and Jenny Perrino.
We strongly encourage all colleagues to vote ``no'' on H.R.
4970 today.
Mrs. ADAMS. I yield 3 minutes to the gentlewoman from South Dakota
(Mrs. Noem), who is also a cosponsor of the legislation.
Mrs. NOEM. Madam Speaker, for nearly 20 years the Violence Against
Women Act has supported programs that assist victims of domestic abuse,
stalking, and sexual assault. I'm proud to support the legislation
that's on the House floor today because it reauthorizes those programs,
strengthens them by targeting more funding to programs that need it,
and processing that needs it, and also gives some new provisions which
I helped work on with the Judiciary Committee to better serve our
Native Americans.
This piece of legislation which provides services to all victims
without discrimination has always enjoyed broad bipartisan support.
Unfortunately, because some in Congress saw an opportunity to use abuse
victims as a prop in a political game, today we're having a different
discussion, and I feel it's shameful. House Republicans are not going
to allow the Violence Against Women Act to get sidelined because of
politics. It's simply too important.
One area of particular concern to people back home in South Dakota is
provisions for Native Americans and Native American women. Native
American women suffer from higher levels of abuse than non-Indian
women, but all too often they don't get to see their perpetrators
brought to justice. It's simply unacceptable.
This Violence Against Women Act improves upon many of the programs
that are designed specifically to aid Native American women, and it
also includes new provisions to improve Congress's response to
potential problems they may run into. Furthermore, to better ensure
that Native American women have improved recourse against abusive
individuals, I worked with the chairman of the Judiciary Committee and
the staff to include language in this bill to empower Native American
women to either petition individually the Federal courts or through
their tribal courts for a Federal restraining order. Ensuring that
these women have the ability to obtain a protection order is a vital
step towards stopping the cycle of abuse that many of them suffer
through. It impacts disproportionately those in Indian Country over
other areas of the Nation.
Those who have suffered from violence and abuse have gone through
enough. Let's not cause more harm by putting politics before victims,
and let's support and reauthorize the improved Violence Against Women
Act today.
Mr. CONYERS. Madam Speaker, I yield myself 30 seconds.
Ladies and gentlemen of the House, in fact, the new tribal protection
orders added by the manager's amendment would reverse the Violence
Against Women Act's victim-centered approach and would require Native
women to sometimes travel hours to obtain protection orders from a
Federal district court.
Madam Speaker, I am now pleased to yield 4 minutes to the
distinguished whip of the House of Representatives, Steny Hoyer of
Maryland.
Mr. HOYER. I thank the distinguished ranking member from Michigan who
has been such an extraordinary fighter for the rights of all people in
our country, and I rise in opposition to this bill.
{time} 1630
I would say, as an aside, the last speaker talked about Native
Americans. The National Congress of American Indians of course says
this matter does nothing to address the crux of the issue--the lack of
local authority to handle misdemeanor-level domestic and dating
violence when the perpetrator is non-Indian. It goes on to oppose this
legislation.
I rise in sadness, Madam Speaker. I was the cosponsor of the original
Violence Against Women Act in 1994. We passed a bipartisan bill that
has helped law enforcement significantly reduce domestic violence,
sexual assault, and stalking.
While great progress has been made, unfortunately one in three
American women still experience violence by a partner, stalking, or
sexual assault. That's why this bill is a perfect example of why we
need to work together in a bipartisan fashion to reauthorize and
strengthen the Violence Against Women Act. I will tell my friends the
Senate did this. Why is it that we have to choose disunity and
confrontation over consensus? I don't know why that is, particularly on
an issue of this great importance to the American people.
The Senate came together, 68 of them--two-thirds of the United States
Senate, Republicans and Democrats, overwhelmingly supported this. Every
woman in the United States Senate supported the Senate bill--everyone,
Republican women and Democratic women, who know firsthand the crisis
that confronts our communities.
However, this version was reported by the Judiciary Committee with no
bipartisan support--and indeed bipartisan opposition. Why do we have to
do that? We could have come together. We should have come together. The
Senate came together. There is no reason we can't, other than to make
our points on a partisan basis.
This bill is weaker than existing law, it is regressive, and it sends
the wrong message about our values. The Senate's version extends new
protections to Native Americans and to all who are targeted, regardless
of sexual orientation. Isn't that our value, to protect every
individual? ``We hold these truths to be self-evident, that all
individuals are endowed by their Creator.'' Shouldn't we protect all
individuals, not exclude some?
Not only does the House version fail to include those protections, it
also makes it harder for law enforcement to encourage immigrant victims
to come forward to seek help and justice. I met with over 30 members of
the law enforcement community on Monday. We sat around and we talked
about, generally, gang violence, but we talked about VAWA. We talked
about the ability of people to come forward and make complaints, feel
comfortable in doing that, and enhance the ability to get domestic
defenders out of the cycle of violence against domestic partners or
[[Page H2774]]
others. They all agreed that we ought to make it easier, not harder. We
make it harder in this bill. This is not the right way to go.
This version is opposed by hundreds of groups. I've got a list here.
I'm not going to read it. Leader Pelosi submitted it for the Record.
Hundreds of groups are opposed to this legislation, including the
American Bar Association, and are urging a ``no'' vote.
I'm going to vote ``no'' on this, and I hope all my colleagues do as
well so that we can adopt a bill that has overwhelming bipartisan
support and the support of these groups. Why do we confront these
groups and say: Nope, you're wrong, we know better; we know better;
you've worked on this for years and decades, but we're going to go our
own way?
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. CONYERS. I am pleased to yield an additional 1 minute to the
gentleman.
Mr. HOYER. I thank the gentleman.
This version is opposed, as I said, by hundreds of groups
representing victims, advocates, faith-based organizations, as well as
law enforcement.
Now, almost every one of us, every one of us--or most, I imagine--has
had some personal experience with this. In our own families, ourselves,
as lawyers, as doctors, as neighbors, as friends, as fellow church
members, we all know the cost of this violence. Let us come together
and act together.
This should not be a vehicle for partisan confrontation. Instead, we
should adopt the Senate's bipartisan version and ensure that law
enforcement agencies have the tools they need to prevent domestic
violence and provide victims with the assistance they need.
Let us vote ``no'' on this legislation, and then let us move forward
in a bipartisan, constructive, overwhelmingly supported fashion like
our colleagues in the United States Senate did in a bipartisan way.
Mrs. ADAMS. Madam Speaker, I yield myself such time as I may consume.
I would just say that I agree that all victims need to be covered,
and that is what this piece of legislation does. We do not segment out.
We do not pit victim against victim. It is all victims.
I reserve the balance of my time.
Mr. CONYERS. Madam Speaker, I yield now 1 minute to the distinguished
gentleman from California (Mr. Becerra).
Mr. BECERRA. I thank the gentleman for yielding.
Madam Speaker, 2 out of every 10 women in America will be a victim of
rape in her lifetime. More than that will experience severe physical
violence by an intimate partner. Madam Speaker, which one of those
women is not worthy of protection or support as a result of this
legislation?
H.R. 4970 is opposed by tribal governments because Native American
women will have less protection under this bill. H.R. 4970 is opposed
by groups that support immigrants because immigrant women will find
themselves victims of these crimes without the support that they need.
And the community of LGBT Americans will find themselves without the
support they would get under the Senate version of this legislation.
Once again, the House majority demonstrates the dysfunction in
Washington, D.C. Instead of applauding the overwhelming vote in the
Senate with a bipartisan vote that passed just recently by 68 votes in
the Senate for a Violence Against Women Act to be reauthorized and
putting that bipartisan bill on this floor, our Republican colleagues
in the House went the other way.
Madam Speaker, it is time for us to put the Senate bill on the floor,
get this work done, follow the lead of the American public that says:
Get to work, make it happen, and protect women who are the victims of
violence in this country.
Mrs. ADAMS. I continue to reserve the balance of my time.
Mr. CONYERS. Madam Speaker, how much time remains?
The SPEAKER pro tempore. The gentleman from Michigan has 1\1/4\
minutes remaining. The gentlewoman from Florida has 5\3/4\ minutes
remaining.
Mr. CONYERS. I yield 30 seconds to the gentleman from New Mexico (Mr.
Lujan).
Mr. LUJAN. Madam Speaker, it's with great disappointment that I rise
today in opposition to this bill, not because the issue of violence
against women is not real, but because this House bill does not do
enough to address domestic violence and protect women.
Sadly, instead of taking action on a bipartisan bill that has passed
the Senate that meets the need to protect America's women, the
Republican majority has chosen confrontation over compromise with a
bill that is seriously limited, particularly in the protections it
offers to Native American women.
It was my great hope that the House Republicans would rise to do the
right thing. Don't hide behind excuses--do the right thing. Let's close
the loophole that allows abusers to get away with violence, especially
against Native American women. It's not right that abusers game these
loopholes to beat their victims. Reject this bill and take up the
Senate version.
Mrs. ADAMS. I reserve the balance of my time.
The SPEAKER pro tempore. The gentleman from Michigan has three-
quarters of a minute remaining.
Mr. CONYERS. Madam Speaker and Members of the House, this bill has
been revealed to be reauthorizing certain grant programs, but it really
doesn't. It undermines the safety of the most vulnerable victims of
violence. It rolls back important protections for immigrant victims,
putting them in a worse position than under current law, and excludes
other vulnerable populations, such as tribal women, LGBTQ. In short,
any alleged improvements made by this bill cannot conceal the
overwhelming harm that it will cause.
When I asked who supports this bill, the floor manager could name
only one person. She said, I do. And when I asked her why do all of the
women's organizations and law enforcement organizations oppose the
bill, she made some other comment about why that was so.
{time} 1640
Ladies and gentlemen, we must turn back this unacceptable piece of
legislation.
I yield back the balance of my time.
Mrs. ADAMS. I yield the balance of my time to the gentleman from
South Carolina (Mr. Gowdy), my dear friend, a former Federal prosecutor
and an original cosponsor of this bill.
Mr. GOWDY. Nell Lindsey was a nurse at a local hospital. Her shift
had ended, and it was time to go home. She couldn't take her own car
because her husband had disabled the car so it wouldn't work. This is
the same husband who had broken her jaw on a family vacation, the same
husband who had knocked out her teeth in an Applebee's parking lot
while her children watched, the same husband who had called their
oldest son a sexual-orientation epithet, and put beer in the baby
bottle of their youngest child.
So Nell Lindsey got a ride home from the hospital from work with a
friend of hers. And as they were headed home, they saw an ominous
sight, Madam Speaker. They saw the car of her estranged husband. Now,
he had been ordered to stay away from her, Madam Speaker, but he didn't
care. And there was a conditional bond to stay away from her, but he
didn't care. And there was a court order, an order of protection to
stay away from her, but he didn't care.
And when Nell Lindsey and her friend saw that ominous sight of Marion
Lindsey in a car, they did a very smart thing, Madam Speaker. They
headed straight for the Inman Police Department. And they're jumping
over railroad tracks, and they're running stop signs, and they're
running red lights. And Nell gets out her cell phone and she calls 911.
And she says, Please help, please help.
So they pull into the back parking lot of the Inman Police
Department, and she still has the cell phone to her ear, and through
the audiotape that we played at trial, Madam Speaker, you could hear
Nell Lindsey saying, Please help, please help. And then you heard four
gunshots. And when they took her body out of the back seat of that car,
she still had the cell phone in her hand.
The system failed Nell Lindsey, Madam Speaker. She did everything we
tell battered and abused women to do. The courts couldn't save her, the
prosecutors couldn't save her. Her husband's on death row, but that
doesn't
[[Page H2775]]
save her. But even in her death, Madam Speaker, she did something good
because she spawned changes in South Carolina in the way that we treat
violence against women.
And with the help of Violence Against Women grants, like the ones
that are at jeopardy today, with the help of those grants, and a woman
named Lynn Hawkins, who I must concede, Madam Speaker, does not share
my political ideology in any way, shape, or form, but she put the
political sloganeering and the bumper stickers behind and she said,
let's change the system in South Carolina, and we did it. It wasn't in
time to save Nell Lindsey, but it was in time to save a graveyard full
of other women in our State.
So I'm going to ask simply this, Madam Speaker: Can we stop the
election-year gimmicks? Can we stop these manufactured wars that pit
one group of Americans against another group of Americans?
I spent 16 years prosecuting men who raped, stabbed, strangled, shot,
and killed women. I have a mother, a wife, a daughter, three sisters,
and the images of countless women indelibly imprinted on my mind
because they were killed by men who claimed to care about them.
This is not about politics to me. If you want to make women safer,
then change the way we draw juries, change the discovery rules, improve
the rape shield statute. But stop focusing on November's election for
just one afternoon and wonder with me what good we can accomplish if we
will stop the political games, and if we could pick up some humanity
and embrace the fact that, even in a political environment as
dysfunctional as this one, we can find common ground when it comes to
fighting for those who have no voice, who have nobody to stand up for
them.
Madam Speaker, the political games have to stop, at least for a day.
They have to stop. If this bill fails, it will be because those on the
other side were so bent on making a point that they stopped caring
about making a difference.
Madam Speaker, the Senate bill is fundamentally and constitutionally
flawed. Further, to say, Madam Chair, it continues to pit one group of
Americans against another group of Americans solely for political
reasons. Lady Justice doesn't do that, and politicians shouldn't do it
either. I urge support for this bill.
Ms. HIRONO. Madam Speaker, I rise in opposition to H.R. 4970, the
House Majority's version of the Violence Against Women Reauthorization
Act of 2012, which eliminates important protections for women that have
been supported on a bipartisan basis for many years.
The tragedy of domestic violence is a reality for many families in
our country and around the world. Unfortunately, it likely touches
someone we know. Domestic violence affects people at all income levels,
ethnicities, and ages.
Since its enactment in 1994, the Violence Against Women Act (VAWA)
has been improved with each renewal in 2000 and 2005.
It has been done on a bipartisan basis. The Senate's 2012 VAWA
reauthorization bill passed by a 68 31 margin.
The same cannot be said for this bill, which barely passed the House
Judiciary Committee by a 17 15 vote along mostly partisan lines. Rather
than addressing serious gaps in protection and services, H.R. 4970
rolls back critical safeguards that have long been part of this law and
repeals current law requiring abuser-submitted evidence to be
corroborated before it can be used against a victim. These safeguards
were included as part of previous reauthorizations and are included in
S. 1925, the Senate's 2012 bipartisan reauthorization bill. With these
provisions stripped, H.R. 4970 leaves countless women, including LGBT,
immigrant, and American Indian victims at risk.
The bill puts abused immigrant women at increased risk by imposing
new, burdensome procedural hurdles that would delay or deny protections
and put victims in a more vulnerable position than they would be under
current law. Law enforcement groups, including the Fraternal Order of
Police, the National Sheriffs' Association, the National District
Attorneys Association, and National Association of Attorneys General
support provisions in current law and in the Senate bill that protect
immigrant women and help police and prosecutors pursue cases against
dangerous perpetrators.
The House Majority's VAWA reauthorization would abolish significant
enhancements contained in the bipartisan Senate bill. For LGBT victims
of domestic violence, H.R. 4970 fails to prohibit discrimination and
ensure equal access to services. This bill would do away with
provisions designed to provide justice to American Indian women by
eliminating provisions empowering tribes with jurisdiction to prosecute
non-Indian perpetrators on their lands.
Our Nation's most vulnerable victims of violence stand to lose from
this reauthorization should it become law. I am dismayed to see that
some could actually support legislation that provides protections for
abusers rather than the abused. I urge my colleagues to reject H.R.
4970.
Mr. REYES. Madam Speaker, I rise today in strong opposition to H.R.
4970, the Violence Against Women Reauthorization Act. This
controversial bill would weaken long-standing protections and fails to
protect the most vulnerable victims of violence.
Last month, the Senate passed a bipartisan bill to reauthorize the
Violence Against Women Act. Instead of supporting the bipartisan Senate
bill, House Republicans introduced a dangerous partisan bill that rolls
back many vital protections for battered women and shifts the power
into the hands of abusers. This bill fails to protect battered
immigrant spouses legally here, diminishes protections for the LGBT
community, and neglects challenges facing Native American victims. It
is a slap in the face to victims and those who have worked tirelessly
to protect them.
One out of every four women in the United States is physically
assaulted by an intimate partner and more than 740,000 children and
youth are treated in hospital emergency departments as a result of
violence each year--more than 84 every hour. In Texas, last year the
number of family violence fatalities increased 28 percent from 2010. In
El Paso, Texas according to the El Paso Police Department, police
responded to 200 reports of sexual assault and 4,500 domestic violence
cases just last year.
These numbers indicate the severity of a widespread problem that can
have devastating social and health-related consequences and this bill
will only weaken the confidentiality provisions for victims seeking
protection from further violence. This bill reverses the ``U'' visa
program that encourages immigrant victims of crime to report and help
prosecute serious criminal activity and now will create obstacles for
those seeking to report crimes. Now immigrant victims will be far less
likely to share potentially valuable information with police that could
help solve crimes and prosecute offenders.
Republicans in the House should drop their misguided attempt to
undermine the Violence Against Women Act that puts the safety and
security of women at risk and instead should reauthorize and strengthen
the existing program, as the Senate has already done. House Republicans
should be ashamed of politicizing such an important issue and for
attempting to roll back longstanding bipartisan protections for victims
of domestic violence and sexual violence.
As the National Organization for Women has stated, this bill
``disregards the biases and disrespect that certain victims face when
seeking help from the criminal justice system and access to lifesaving
services, effectively giving second-class treatment to Native American,
immigrant women, and LGBT victims. The bill smacks of willful ignorance
of the problem and hostility to people deemed not to be `true'
victims.'' I fully support this statement because the fact of the
matter is, violence is violence, regardless of who the victim is.
As a husband, father, and grandfather to four wonderful women, this
issue is very important to me. If there is any issue where we should
all agree, it is to help stop domestic and sexual violence, and to
protect all victims. This should not be a political issue, but a matter
of protecting those whom are most vulnerable. I strongly urge my
colleagues to oppose this partisan measure.
Mr. LARSON of Connecticut. Madam Speaker, today I rise in opposition
to H.R. 4970, and I encourage the majority to instead take up the
bipartisan version of the Violence Against Women Act reauthorization
that passed the Senate. I would like to thank my colleague, Gwen Moore
for her steadfast and unyielding work on this issue, and I was proud to
join her as a cosponsor of the version of the VAWA reauthorization that
she introduced in the House.
Since 1994, the Violence Against Women Act has been reauthorized
without controversy, almost entirely devoid of any partisan rancor or
division. It is an essential piece of legislation that seeks to protect
the victims of abuse and offer them much-needed support. Since its
original passage, and during each of the previous reauthorizations,
Congress has continued to improve the VAWA by increasing protections
for women every time it has come to the floor.
This year, both the bipartisan Senate bill and Congresswoman Moore's
bill offer reforms that make certain that when we pass a law that
protects all women, we mean all
[[Page H2776]]
women--with no exceptions. The reauthorization should include the new
language proposed in those bills which would guarantee that the law
will not discriminate against any woman based on her race, color,
religion, national origin or sexual orientation.
Madam Speaker, it is my hope that my Republican colleagues will end
this partisan gamesmanship on an issue that has always been, and should
always be a bipartisan one. I join my colleagues, as well as hundreds
of organizations and groups, and women across the country in opposing
this bill.
I urge my colleagues on the other side of the aisle to work with us
to pass the bipartisan Senate bill which ensures equal protection to
all women in the United States of America.
Mr. DICKS. Madam Speaker, I believe every Member of the House
supports the reauthorization of the Violence Against Women Act.
However, I oppose the bill we are considering today because it contains
serious gaps in its protections for Native American victims of domestic
violence and it does not include language to ban discrimination against
lesbian, gay, bisexual and transgendered victims in grant programs
under the bill.
The bill fails to grant the tribal police and courts, generally the
closest legal authorities for an alleged incident of domestic violence
occurring on a reservation, the authority to address an incident
occurring on tribal lands. Instead, tribal residents in my district
would be forced to rely on Federal courts, located several hours away
in Tacoma and Seattle, for help and protection. This puts a terrible
and potentially dangerous burden on Indian victims in need of a
protection order, many of whom do not have the means to travel this
distance. Furthermore, the requirement forcing a victim to disclose her
residential address called for in Section 1006 of the bill may well put
her in further jeopardy.
I am also deeply concerned about the bill's refusal to prohibit
discrimination against LGBT individuals in all VAWA programs. No victim
of violence of any kind should be denied assistance simply because his
or her sexual orientation. It is wrong that the bill further
perpetuates this inequity, and I fear the reasons are purely political.
The answer to this problem is simple. A bipartisan compromise
reauthorizing the Violence Against Women Act passed the other body with
68 votes in favor, including 15 Republicans. It resolved these issues
in a way that was acceptable to both sides, and I encourage the
leadership in the House to allow this bill to come to the floor for a
vote immediately.
I urge my colleagues to reject this flawed bill and to push for the
consideration of a truly bipartisan reauthorization bill before the
week is out.
Mr. MORAN. Madam Speaker, I rise in reluctant but strong opposition
to H.R. 4970, a needlessly partisan reauthorization of the Violence
Against Women Act (VAWA) that unwisely undermines important protections
for victims of domestic violence and sexual assault.
Initially enacted in 1994, VAWA acknowledges the harmful and
persistent impact that domestic violence, sexual assault, and dating
violence has on our society. Nearly one in four women are the victims
of rape or abuse by a partner during adulthood, with young women
between the ages of 16 and 24 experiencing the highest rate of partner
violence. One in four girls and one in six boys are sexually abused
before the age of 18, half of whom are victims of incest. Nationwide,
approximately three women are killed each day by a current or former
intimate partner.
In addition to the physical and emotional trauma experienced by
victims, domestic violence and sexual assaults impose a tremendous
economic cost on our nation. Rape is the most costly crime to its
victims, totaling $127 billion a year in medical costs, lost earnings,
and diminished quality of life. The cost of intimate partner violence
exceeds $5.8 billion, including $4.1 billion in direct health care
expenses. Over 25 percent of domestic violence victims report that they
lost a job, at least in part, because of this violence. In total,
domestic violence is estimated to cost employers in the U.S. up to $13
billion every year.
To address this staggering problem, VAWA established streamlined
programs to provide law enforcement, judges and prosecutors, and social
service providers with the resources they need to hold offenders
accountable and support the needs of victims. It allowed for
coordinated, community-based services for victims and strengthened
housing protections. VAWA also created important prevention programs
for young people and improved the response to violence against Native
American women and those in underserved communities. The tangible
results of VAWA are impressive and should make all Americans proud.
Since 1994, reporting of domestic violence has increased by as much
as 51 percent, while the number of individuals killed by an intimate
partner has decreased 34 percent for women and 57 percent for men.
States have enacted important protections for victims of stalking and
strengthened rape laws in response to VAWA. Many more victims of
domestic violence, dating violence, and sexual assault are able to
access critical services. An entire generation of justice system
professionals now understands that our society cannot tolerate these
crimes. In just the first six years after enactment, VAWA saved an
estimated $12.6 billion in net averted costs.
Yet, the bill before us today betrays the bipartisan history of VAWA.
It fails to contain important reforms included in a Senate-passed
version of the bill that ensure LGBT, Native American, and immigrant
women receive the protections they deserve. The bill lacks protections
for LGBT survivors despite the fact that studies have clearly shown
that these individuals are underserved explicitly because of their
sexual orientation or gender identity. It fails to provide American
Indian women effective recourse to bring justice against non-Indian
abusers, even though these women face rates of victimization more than
double that of non-Indian women. And the bill, for the first time ever,
weakens protections in current law for migrant victims of violence. The
bill would leave immigrant victims without meaningful access to
protection, create processing delays that will keep women in life-
threatening situations for longer periods of time, and undermine law
enforcement efforts to investigate and prosecute violent crimes with
the assistance of immigrant victims.
Compounding the serious flaws in the legislation, Republicans forced
the bill to the floor under a closed rule, allowing no opportunity for
Democratic Members to offer amendments to improve the bill. Instead of
following a truly democratic process to debate these important policy
provisions, the majority finds it more important to shield their side
from uncomfortable votes. This procedure is inappropriate for
legislation as important as VAWA and is clearly inconsistent with the
majority's pledge for a more open Congress.
VAWA always has been, and should have remained, a bipartisan bill. I
am deeply troubled that my Republican colleagues decided to roll back
protections for victims of abuse and failed to include the responsible
reforms contained in the Senate bill that passed by a bipartisan vote
of 68 31. We must pass a strong VAWA reauthorization, but this bill
falls well short of that critical necessity.
I ask my colleagues to oppose this bill, and I encourage the
Republican leadership to allow a vote on the bipartisan Senate bill.
Mr. DAVIS of Illinois. Madam Speaker, I cannot support the H.R. 4970,
the Republican bill that rolls back critical protections for domestic
violence victims. Until now, reauthorization of the Violence against
Women Act has involved a strong, bipartisan effort. In sharp contrast
to this bipartisan history, the Republican Leadership aggressively is
pushing a bill that weakens current law, shifts power into the hands of
abusers, delays or denies protection to battered spouses and victims of
heinous crimes such as rape and sexual assault, prevents law
enforcement from gaining the cooperation of many immigrant victims of
serious crimes, and leaves more dangerous criminals on the streets to
strike again. This is unacceptable and undermines the intent of the
bill to protect all victims of domestic and sexual violence.
In April 2012, the Senate passed by a vote of 68 to 31 a bipartisan
bill that advanced the Federal government's commitment to protecting
all victims--a bill that strengthens current law. In sharp contrast to
the bipartisan Senate bill, the Republican bill fails to include key
protections for Native American, immigrant, and LGBT victims of
domestic violence. Even with the Manager's Amendment, the Republican
bill undermines key protects for many domestic violence victims, making
them less safe and tarnishing our American value of protecting the
vulnerable. It is no wonder that over 100 organizations oppose the
House Republican bill.
So, I stand with the diverse group of organizations--including the
NAACP, the National Women's Law Center, the Human Rights Campaign, and
the U.S. Conference of Mayors to strongly oppose the House Republican
bill and to support the bipartisan Senate bill. As policymakers, we
should be protecting our citizens, not decreasing their safety.
Ms. VELAZQUEZ. Madam Speaker, I rise in opposition to this
legislation, which is an affront to women, their rights and their
safety.
It is worth noting that the Violence Against Women Act was originally
passed under a Republican Congress. Its provisions that protect
immigrant women passed in 2000 and 2005--again during Republican
majorities.
Yet, today, we are voting on legislation that would gut these
protections, delivering women seeking help into the hands of their
abusers --endangering their safety and their lives.
Immigrant women are disproportionately impacted by domestic violence.
One study from New York City found that 51 percent of domestic partner
homicide victims were foreign-
[[Page H2777]]
born. Other research has suggested that, among undocumented Latina
women, the rate of battering is as high as 34%.
For immigrant women, there can be language barriers preventing them
from seeking help. In many cases, abusers may try to use the threat of
deportation to prevent their victims from leaving.
The Violence Against Women Act is designed to help those who are most
vulnerable and who need assistance. Instead, the provisions being
offered by the Majority, today, would make it harder for those who have
been battered to escape abuse and find safety. This legislation weakens
confidentiality protections that prevent abusers from knowing their
victims are seeking help. Needless, duplicative interviews with DHS
would make it harder for those who are abused to secure assistance
through the immigration system. The legislation would also make it more
difficult for those cooperating with law enforcement to avoid
deportation. Collectively, these provisions effectively cut women off
from help, making it harder for them to avail themselves of the legal
process.
Make no mistake: despite what our Republican colleagues say, these
provisions will not reduce immigration fraud. That argument is a red
herring. Indeed, there is not one shred of evidence suggesting female
immigrants are misusing the Violence Against Women Act.
How can we turn our back on women who need assistance? What kind of a
message does it send to pass this legislation? Are we saying to those
who suffer abuse they do not ``count'' because they are undocumented?
I say to my colleagues--let us send another message. Reject this
legislation. Pass a real Violence Against Women Act that does not
divide us by playing politics, but extends help to women who need it.
Mr. DINGELL. Madam Speaker, it is with great disappointment that I
rise in strong opposition to H.R. 4970, the Violence Alainst Women
Reauthorization Act (VAWA) of 2012. I was proud to support the original
Violence Against Women Act when Congress passed it with bipartisan
support in 1994 because it created landmark programs to help victims of
domestic violence, provided grants for law enforcement agencies, and
established new categories of crimes such as stalking. VAWA is one of
the true bipartisan success stories in Congress and it has achieved a
real, significant and lasting impact on our nation. Since VAWA first
passed, the annual incidence of domestic violence has decreased by 53
percent. However, there is still much work to be done, as approximately
one in five women have been raped in their lifetime, and 45 percent of
the women killed in the United States die after being attacked by an
intimate partner.
Given the fact that violence against women continues to be a serious
problem in this country, it is disappointing to see the Republican
majority pursue such a partisan and reckless path forward with this
legislation. Instead of following the Senate's lead, which passed an
effective and bipartisan bill to reauthorize VAWA, the GOP has decided
to play politics with this important issue and has significantly
weakened protections for battered women and instituted discriminatory
policies. Specifically, H.R. 4970 does not include key provisions of
the Senate bill which ensure that LGBT victims are not discriminated
against in VAWA programs. We can all agree that no victim of domestic
abuse should be denied care because of their sexual orientation. As a
lifetime supporter of civil rights I cannot in good conscience support
legislation which would permit this to happen.
Further, three out of five Native American women are victims of
domestic violence in their lifetime, which is a pressing national
problem. The Senate bill addresses this concern by including provisions
which would give Native American tribal governments jurisdiction to
investigate and prosecute incidents of violence, in addition to
providing grants to assist tribes in prosecuting such crimes. Yet H.R.
4970 does not adequately address these concerns by not including any of
these provisions in the legislation. Such crass indifference makes this
legislation impossible to support.
The path forward to reauthorize VAWA is clear. The Senate sent a
clear message by passing a strong, bipartisan bill, and the House
should do the same. Let us stop fighting these needless partisan
battles and instead come together to reauthorize a program which has
worked so well over the years. I urge my colleagues to join me in
voting against H.R. 4970 and support the Senate bill.
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, the Violence
Against Women Act, VAWA, has historically provided a vast network of
support for victims of dating violence, sexual assault, and stalking
since its initial passage in 1994. Declining instances of domestic
violence and increased awareness surrounding these forms of abuse are a
testament to the success of VAWA's programs, and to the importance of
its preservation. Unless VAWA is reauthorized, these programs will no
longer be available to protect the countless victims of domestic
violence and abuse throughout the United States.
Today, as Congress seeks to reauthorize this landmark piece of
legislation for the third time, VAWA is at serious risk of being
stripped of its most important provisions. The Senate version of VAWA
was adopted on April 26 with bipartisan support, and not only preserves
important protections for women but also expands those protections to
LGBT individuals and Native American women. Conversely, H.R. 4970
represents a partisan bill that rolls back existing protections and
excludes entire groups of victims.
As long as H.R. 4970 excludes critical improvements and disregards
the recommendations of key stakeholders, I cannot support this bill. In
the previous reauthorization, VAWA was drafted in a bipartisan fashion
and included meaningful provisions for protecting battered and abused
individuals, and as such I supported its passage. Unfortunately, H.R.
4970 completely fails to achieve the original objectives behind VAWA,
and actually does more to harm women than it does to help them overcome
their aggressors.
To show my support for VAWA, I have joined my colleagues as a
cosponsor of H.R. 4271, an alternative to H.R. 4970 that contains
language more consistent with the original intent of the bill. H.R.
4271 is simply a better bill that goes further to recognize the same
prevalence of abuse among Native American women and LGBT individuals,
and ensures that all victims are protected regardless of sexual
orientation or national origin.
Madam Speaker, this attack on women needs to stop immediately. I can
find no justification for why this Congress should exclude certain
groups of women from the protections afforded by VAWA. The bill that is
being considered before the House today does a disservice to victims of
domestic abuse in the U.S., and falls drastically short of the original
intent of the law.
Mr. GENE GREEN of Texas. Madam Speaker, I rise in opposition to H.R.
4970, the Violence Against Women Reauthorization Act of 2012. The
Violence Against Women Act, VAWA, has been instrumental in protecting
women from domestic violence, sexual assault, dating violence, and
stalking. Domestic violence often has devastating consequences for
women, their families, and society as a whole.
VAWA provides essential grants including educational programs for the
prevention of domestic violence in schools, battered women's shelters,
a national domestic violence hotline, grants to improve law enforcement
and prosecution of violent crimes against women, among others. It also
provides much needed services for the protection of children from
maltreatment, sexual assault, and domestic violence.
A manager's amendment was offered to address some immigrant
protection issues with H.R. 4970, but did very little to change the
original bill. H.R. 4970 would change the requirements for abused
immigrant spouses of U.S. citizens and permanent residents by imposing
a higher standard of proof than required for asylum applications, and
by allowing government adjudicators to break confidentiality and
interview an accused abuser. The revised bill would only prohibit
basing decisions exclusively on the information provided by the abusive
spouse. The bill would also decrease protections for immigrant victims
by undermining the U visa program, which allows an immigrant victim of
a serious crime to stay in the U.S. to assist law enforcement in
investigating and prosecuting the crime. The manager's amendment only
provides a small portion of victims the opportunity to adjust their
legal status after their U visa expires. Battered immigrant spouses
would be less likely to report abuse if they could still be deported
and their abusive spouses would be made aware they are trying to seek
help.
H.R. 4970 ignores improving the safety of co-ed students on college
campuses. Provisions to strengthen requirements for universities to
report on how they address sexual violence on campus, were removed from
the bill. If college campuses are not protected from sexual harassment,
assault, or violence; students will not be able to learn and could
potentially miss out on true educational opportunities.
The bill would not restore Native American tribal courts'
jurisdiction over crimes of domestic violence or dating violence
committed on reservations and tribal lands in cases where the victim is
a tribal member but the defendant is not. Those cases currently fall
outside the jurisdiction of both tribal and state courts and are rarely
prosecuted on the federal level.
I believe it is important to provide preventative domestic violence
programs as well as help those who have been affected by domestic
violence with programs that can help them recover and protect them in
the future. Many of the domestic violence programs that we have today
would not be able to continue without the reauthorization of VAWA. H.R.
4970
[[Page H2778]]
mitigates VAWA's 18-year history and abandons many victims of domestic
and sexual violence.
As a supporter of VAWA from the beginning, I urge all my colleagues
to oppose H.R. 4970 and to vote on a bill that would allow these much
needed programs and services to continue so that we may work to stop
domestic violence.
Mr. RUPPERSBERGER. Madam Speaker, this week, the House of
Representatives is expected to take up a bill reauthorizing the
Violence Against Women Act (VAWA), a traditionally noncontroversial
bill that improves the investigation and prosecution of violent crimes
against women. The bill works: We've seen a 60 percent decrease in
domestic violence since the bill first passed in 1994.
The Senate recently passed its version of this bill in an
overwhelming, bipartisan vote. Unfortunately, the partisan House
version rolls back some of its most critical components, limiting
protections for certain classes of women. In fact, women's advocacy
groups like the Maryland Network Against Domestic Violence say this
bill would discourage victims of these heinous crimes from going to the
police for help and actually increase abusers' power.
I can't support this bill for a number of reasons, but chief among
them are its failure to include provisions to help reduce violence
against young women on college campuses. This issue, in particular,
resonates as we mark the second anniversary of the tragic death of
Yeardley Love, a Baltimore native and student athlete at the University
of Virginia who was beaten by her abusive ex-boyfriend.
Yeardley's mother, Sharon Love, recently visited Washington to
encourage lawmakers to swiftly pass the VAWA reauthorization approved
by the Senate. That bill requires colleges to provide clear protocols
and disciplinary policies for reports of domestic violence, dating
violence, sexual assault or stalking. It also requires colleges to help
victims report the incident to law enforcement and seek a protective
order if they choose to do so, as well as provide victims with options
to change academic, living and transportation arrangements. Finally, it
provides prevention programs for students who could be abusers, victims
and bystanders.
It is shameful that the architects of the House bill have opted to
remove these critical components. I am urging House leadership to bring
the Senate version to a vote so we can provide real protection to women
of all ages and races.
Mr. CONNOLLY of Virginia. Madam Speaker, House Republicans say they
want to prevent violence against women, yet because of their
ideological agenda, the bill on the floor this week actually eliminates
current protections for battered women, placing them in danger.
Domestic violence does not respect any boundary; it does not
discriminate on the basis of ethnicity, religion, sexual orientation or
political affiliation.
Turning Points, the only domestic violence intervention program in
Prince William County, served 6,000 clients last year. In Fairfax
County, there were more than 8,000 cases of domestic violence reported,
and we have seen a 40 percent increase in homelessness due to domestic
violence.
Yet House Republicans would make it harder for women to come forward
to report abuse. In a letter to the Judiciary Committee, law
enforcement officials from across the Nation said the Republican bill,
quote, ``will turn back the clock on over 17 years' of progress made by
law enforcement in reducing violence against women and children in our
communities.''
Madam Speaker, protecting women and children from abusive situations
should not be a partisan issue. We should take up the Senate's
bipartisan bill and not further abuse these poor victims.
Mr. FALEOMAVAEGA. Madam Speaker, It is with great pleasure to rise
today in support of the Violence Against Women Act. In doing so, I am
reminded of an old Samoan belief that the female siblings are the
``tama sa'' or sacred child in the family. They are to be treated with
respect, care and love--offenders of this ancient taboo often faced
extreme consequences. Madam Speaker, I am in full support of
reauthorizing the Violence Against Women Act (VAWA).
While I fully support reauthorization of an Act of Congress that
since 1994 has been an essential tool to protect victims of domestic
and sexual violence, I do however have some major concerns with H.R.
4970, legislation before us today. Unlike the Senate reauthorization
bill, S. 1925, introduced by Senators Patrick Leahy and Mike Crapo and
was passed by the Senate last month with strong bipartisan support,
H.R. 4970 introduced by my colleague Ms. Sandy Adams, will effectively
bring more harm than protect victims of domestic violence.
Madam Speaker, unlike S. 1925, H.R. 4970 offers no protection for
Indian spouses abused on tribal land. Under a 1978 Supreme Court
decision, non-Indians cannot be prosecuted by tribal courts for crimes
committed on tribal land. Last July, the Justice Department recommended
that Congress give tribes local authority to prosecute non-Indians in
misdemeanor domestic and dating violence cases.
Madam Speaker, the Senate reauthorization bill, S. 1925, will do just
that. It will recognize certain tribes' concurrent jurisdiction to
investigate, prosecute, convict, and sentence persons who assault
Indian spouses, intimate partners, or dating partners, or who violate
protection orders, in Indian country. It recognizes that tribal nations
may be best able to address in their own communities--neither the
United States nor any State would lose any criminal jurisdiction as a
result.
Madam Speaker, H.R. 4970 on the other hand, completely ignores this
ongoing injustice against Indian spouses, wives or partners, on tribal
lands.
I am also disappointed that certain provisions in H.R. 4970 would
strip away some of the existing protection for immigrant victims of
abusive relationships. As it stands now, VAWA allows battered
immigrants to petition for their own immigrant status, independent of
their abusive spouses and thus freeing them from their spouse's abuse
and control. If enacted however, H.R. 4970 will allow immigration
officers to interview an alleged offender and consider the information
obtained in making a determination about the adjudication of a battered
immigrant's petition for status. This allows abusers to manipulate the
immigration process to cause further harm on the victim. Moreover, it
will reveal confidential information necessary to protect the victim
and her children from the unwanted advances of an abusive spouse or
partner.
Madam Speaker, in the ancient Samoan culture, it is a great shame to
the male sibling if any harm or injury happens to the ``sacred child''.
It is within this cultural context, and also with a deep sense of
fairness and justice that I urge my colleagues to pass the Senate
reauthorization bill. The house bill H.R. 4970, while it was written
with good intention, does not do justice for the women of this country.
Mr. GRIJALVA. Madam Speaker, the House Republican version of this
bill rolls back existing protections for immigrants who are victims of
domestic violence and strips provisions in the Senate version that
protect Native Americans and LGBT abuse victims.
Republicans have decided to use this non-partisan issue to push their
war on women further than many of us thought possible. This new bill
says that if a Native American or immigrant--documented or not--is the
victim of abuse, the government should turn a blind eye. This is a
cold, heartless vision of what law enforcement means to the American
people, and it's hard to find words strong enough to reject it.
The House bill eliminates an existing confidentiality clause known as
the self-petitioning process that allows abused women to apply
confidentially, if appropriate, for protected immigration status. If
the clause is removed from current law, women legally in the country
because of a pending marriage who suffer abuse would not be able to
keep their applications for permanent status private from their
abusers. Boyfriends or husbands would be able to revoke the citizenship
application, making the abused woman revert to undocumented status and
limiting her legal options.
Men shouldn't be able to abuse women and control their access to law
enforcement at the same time. This is a scary scenario that we
shouldn't even have to contemplate.
Currently, Federal and State law enforcement officers have exclusive
authority to prosecute misdemeanor domestic violence crimes committed
by non-Indians on Tribal lands, many of which are known to go
unprosecuted for logistical and other reasons. The Senate VAWA
reauthorization bill lets Tribal law enforcement exercise jurisdiction
over such cases, while the House version maintains the status quo. The
unfortunate situation of abused Native women has been ignored for far
too long. The law should protect all women from abuse, wherever they
live. Republicans found an awful lot of nerve to deny equal protection
to millions of Native American women for no reason I can tell.
The Senate version includes a provision that helps colleges and
universities increase violence-prevention education and reduce dating
abuse and sexual assault. The House version does not include that
language. The Senate version prevents any entity that receives Federal
anti-abuse grants from turning away LGBT victims when they have
suffered from domestic violence or abuse. The House version is silent
on the issue.
According to a National Network to End Domestic Violence report,
``Domestic violence impacts one in four American women over their
lifetimes, and 15.5 million children are exposed to domestic violence
each year. Victims rely on services to escape violence and rebuild
their lives. When victims of domestic violence, sexual assault, dating
violence or stalking take the difficult step to reach out for help,
many are in life-threatening situations and must be able to find
immediate refuge.''
[[Page H2779]]
Mr. PENCE. Madam Speaker, I rise today in support of H.R. 4970, the
Violence Against Women Reauthorization Act of 2012, offered by
Representative Adams of Florida. I wish to extend my deep appreciation
to Representative Adams for her leadership in introducing this
legislation and my heart goes out to her and all of the women across
the country who have been victims of domestic violence.
Each year, there are more than 200,000 victims of sexual assault
nationwide. Sixty-two domestic violence deaths occurred in my home
State of Indiana within a recent twelve-month period. As a husband to a
wonderful wife and a father of two precious daughters, I strongly
support efforts to end sexual violence and domestic abuse.
The Violence Against Women Act (VAWA) was originally passed by
Congress in 1994 to address rising violent crime rates against women,
and in subsequent years we have witnessed a dramatic reduction in the
incidence of domestic violence in this country. In 2006, I supported
legislation to reauthorize VAWA, which added improvements to enhance
sentencing for repeat sex offenders and require pretrial detention of
child pornographers.
While we have made progress in our fight against domestic and sexual
violence, there is still work to be done, and that is why this
reauthorization legislation is so important. Today's legislation
continues our fight to prevent victims of these tragic crimes. It
includes enhanced tools for law enforcement to arrest abusers and those
who violate protection orders. It increases penalties for sexual
assault and abuse. It funds programs to aid domestic violence victims
seeking refuge from their abusers, and it promotes awareness in an
effort to prevent these crimes from occurring in the first place.
I urge my colleagues to support this reauthorization of VAWA and to
support our continued efforts to combat sexual violence and domestic
abuse.
Mr. CONNOLLY of Virginia. Madam Speaker, House Republicans say they
want to prevent violence against women, yet because of their
ideological agenda, the bill on the floor this week actually eliminates
current protections for battered women, placing them in danger.
Domestic violence does not respect any boundary; it does not
discriminate on the basis of ethnicity, religion, sexual orientation or
political affiliation.
Turning Points, the only domestic violence intervention program in
Prince William County, served 6,000 clients last year. In Fairfax
County, there were more than 8,000 cases of domestic violence reported,
and we have seen a 40 percent increase in homelessness due to domestic
violence.
Yet House Republicans would make it harder for women to come forward
to report abuse. In a letter to the Judiciary Committee, law
enforcement officials from across the Nation said the Republican bill,
quote, ``will turn back the clock on over 17 years' of progress made by
law enforcement in reducing violence against women and children in our
communities.''
Madam Speaker, protecting women and children from abusive situations
should not be a partisan issue. We should take up the Senate's
bipartisan bill and not further abuse these poor victims.
Mr. STARK. Madam Speaker, reauthorizing the Violence Against Women
Act (VAWA) should present Congress with an opportunity to set aside our
many differences and work together so that women and families across
the country can lead safer, healthier, and happier lives. VAWA has
transformed our Nation's response to violence against women and brought
critically needed resources to states and local communities so they can
prosecute these crimes. Reauthorizing VAWA is essential. For these
reasons, I am both saddened and angered that the Republican House
majority has squandered this opportunity.
All women, no matter what their background or lifestyle, deserve to
live free of violence and danger. Our Senate colleagues recognize this.
They passed a thoughtful reauthorization bill that helps women in need.
The Senate bill prohibits discrimination against gay or transgender
individuals in VAWA programs. It ensures that immigrant women can file
domestic violence complaints without fear for their safety. It extends
vital protections to Native American women by permitting non-Indian men
who commit violent crimes against them on tribal land to be prosecuted
through the tribal system. It also includes important improvements to
better address the high rates of dating violence and sexual assault
experienced by people in college and other educational settings.
In contrast, the House Republican VAWA bill leaves out all of these
protections. It delivers the reprehensible message that women in the
United States are not worthy of protection if they are gay, Indian, or
non-citizens and it flat out fails to make other needed updates to the
law.
Congress should not be in the business of choosing who is and is not
deserving of safety. Every woman should have access to protective
services if and when she needs it. The regressive policy in H.R. 4970
falls far short of this goal. I stand with President Obama and women's
advocates across our country in opposing this bill and I urge all my
colleagues to vote against it.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 656, the previous question is ordered on
the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Ms. MOORE. Madam Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
Ms. MOORE. Yes, ma'am, I am opposed to the bill in its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Ms. Moore moves to recommit the bill H.R. 4970 to the
Committee on the Judiciary with instructions to report the
same to the House forthwith with the following amendment:
Page 30, after line 3, insert the following:
SEC. 6. PROTECTING CONFIDENTIALITY AND PRIVACY OF VICTIMS OF
VIOLENCE.
Nothing in this Act shall be construed to eliminate,
reduce, or otherwise limit any protection in effect on the
day before the date of enactment of this Act that provides
confidentiality to victims of domestic violence to protect
such victims from future violence. This protection includes
preventing notification of a victim's efforts to seek
assistance from law enforcement from being exposed or
transmitted to the victim's suspected batterer.
Parliamentary Inquiry
Ms. MOORE. Madam Speaker, I have a parliamentary inquiry.
The SPEAKER pro tempore. The gentlewoman will state her inquiry.
Ms. MOORE. Madam Speaker, if the final amendment that I'm offering
here today were to be adopted, is it not the case that the bill will be
amended and that the House will then proceed to final passage right
away?
The SPEAKER pro tempore. As the Chair stated on February 27, 2002,
and May 10, 2012, if a motion to recommit with forthwith instructions
is adopted, the amendment is reported by the chair of the committee and
is immediately before the House.
The gentlewoman from Wisconsin is recognized for 5 minutes.
Ms. MOORE. Madam Speaker, this motion to recommit simply clarifies
that the preservation of confidentiality to protect the victims'
identity to avoid retaliation and even loss of life shall not be
weakened as compared to current law.
{time} 1650
We have debated the need to expand this bill beyond what the author
has put in. We have lost that debate because the Rules Committee has
put forth a closed rule, and we do not have the opportunity to present
the Senate version of the bill, which passed overwhelmingly in the
Senate 68 31. So we have lost that battle for the Violence Against
Women Act to include all women.
In this motion, we are simply trying to reestablish one little
sliver--one little piece--in this bill that we are hoping the majority
will recognize will greatly enhance the safety of all women. This
motion simply protects the victim's identity to avoid retaliation and
even the loss of life, and it makes sure it is not weakened as compared
to current law. Now, we are going to be told that the manager's
amendment does that, but it does not.
Under current law, abused women are able to seek help and come
forward to authorities under the condition of confidentiality; but H.R.
4970, as amended, does a couple of things. For example, it delays the
protection of battered victims by staying adjudications before pending
investigations or prosecutions are completed. It creates a negative
inference against the victim if law enforcement does not open a formal
investigation or if prosecutors fail to prosecute the perpetrator. I
can tell you that, notwithstanding the due process rights of abusers,
current law provides a very delicate balance between the due process
rights of abusers and the confidentiality of those accusers.
The fact that the bill was amended in this way restimulates me to
remember
[[Page H2780]]
an incident in my own life when the balance of rights was tipped in
favor of the abuser. I am reminded of a time when I got into an
automobile, with a man whom I thought to be a personal friend, to go
get some fried chicken. He pulled in behind some vacant buildings, and
he raped me and choked me almost to death. When I went to the hospital,
I was encouraged by an advocate--this was in the 1970s, long before
there was a Violence Against Women Act, long before there was a Rape
Shield Act--to take him to court.
Indeed, I was on trial because, like this bill--and just like what I
experienced--I had to prove as a victim that I was not being fraudulent
in my accusations. Oh, they brought up how I was an unwed mother with a
baby. Maybe I seduced him. They talked about how I was dressed, and
they carried me through all kinds of bureaucratic hoops. Ultimately, he
was found to be not guilty; although, I had done everything that I was
told to do in terms of prosecuting this. I cannot stress the solemn
nature of this issue.
It doesn't surprise me that she had the cell phone in her hand but
that she lost her life because she couldn't escape this man. It doesn't
surprise me that she was shot four times behind the police station. The
most dangerous time for a woman is when she is trying to escape her
perpetrator, when she is trying to do something about it, when she is
trying to turn her life around, hers and her children's.
When the perpetrator is given the tools that this bill gives him to
have an abuser's rights prevail over the rights of the victim's, she
will have the cell phone in her hand, but she will lose her life anyway
because she cannot escape this man. The manager's amendment does not
fix this. We have heard from 325 groups and organizations that oppose
this bill and say that the manager's amendment does not fix it, so I
urge my colleagues to support my amendment.
I yield back the balance of my time.
Mrs. ADAMS. I oppose the motion.
The SPEAKER pro tempore. The gentlewoman from Florida is recognized
for 5 minutes.
Mrs. ADAMS. Madam Speaker, Democrats in Congress and others have been
accusing Republicans for months for waging a war on women. We've been
called antivictim, elitist, homophobic, and racist. These ridiculous
attacks stop now--right here, right now. It's a shame, really. We've
always had a bipartisan vote on this issue. It has always been a
bipartisan issue, but this year, it has turned into an election year
politic.
The Violence Against Women Act was bipartisan legislation when it was
enacted in 1994 and when it was reauthorized by a Republican-controlled
House in 2000 and in 2006. Instead of coming together to reauthorize
grant programs to help victims of domestic violence, dating violence,
sexual assault, and stalking, my colleagues on the other side of the
aisle have created a phony war on women to score political points.
These attacks are unfortunate and divisive. Domestic violence knows no
political or socioeconomic boundaries. Neither should legislation to
fund these important programs.
Critics of this bill outright dismiss the dozens of good, broadly
bipartisan things that this bill does in its nearly 200 pages of text,
and they have chosen to focus their attention on a handful of things it
doesn't do. So let's be real about what the bill does:
It reauthorizes the VAWA grant programs for 5 years at the same
levels as the Senate-passed bill. That's over $680 million a year in
Federal funds to support these programs, and this is on top of the
increase in funding for these programs that were adopted just last week
by this House in the CJS appropriations bill.
It sets aside specific funding for sexual assault investigations,
prosecutions, and victim services as well as reauthorizes State rape
prevention education programs, programs to promote educational
awareness to prevent violence and to improve services for young
victims. The bill also improves emergency and transitional housing
services for victims.
This bill provides greater protections to Indian women by designating
domestic violence tribal liaisons within the U.S. Attorney's Offices,
and it creates a new provision to allow victims of domestic violence or
Indian tribes on behalf of victims to seek protection orders from U.S.
district courts against Indian or non-Indian abusers.
When I made the decision to pack what few belongings I could carry
and leave with my daughter to escape an abusive relationship, all I
cared about was protecting my daughter and providing her a safe and
healthy life. In my years of service in law enforcement, not once did a
domestic assault or rape victim question where the help was coming from
or which political party or organizations endorsed the law that made
that funding possible.
The reason for that is this: This bill isn't about Washington
politics. It's about people's lives.
If you vote against this bill today, you will vote to deny help to
millions of victims. Opponents are willing to sacrifice helping
millions of American women escape their abusers in the name of
political gamesmanship, so I urge my colleagues to vote ``no'' on the
motion to recommit and ``yes'' on the final passage.
I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Ms. MOORE. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on the motion to recommit will be followed by
5-minute votes on passage of H.R. 4970, if ordered, and suspension of
the rules with regard to H.R. 2621, if ordered.
The vote was taken by electronic device, and there were--yeas 187,
nays 236, not voting 8, as follows:
[Roll No. 257]
YEAS--187
Ackerman
Altmire
Andrews
Baca
Baldwin
Barrow
Bass (CA)
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Boren
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Burton (IN)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Critz
Crowley
Cuellar
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Frank (MA)
Fudge
Garamendi
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson, E. B.
Jones
Kaptur
Keating
Kildee
Kind
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Pelosi
Perlmutter
Peters
Peterson
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Richmond
Ross (AR)
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shuler
Sires
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Woolsey
Yarmuth
NAYS--236
Adams
Aderholt
Akin
Alexander
Amash
Amodei
Austria
Bachmann
Bachus
Barletta
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carter
Chabot
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Cravaack
Crawford
Crenshaw
Culberson
Davis (KY)
Denham
Dent
[[Page H2781]]
DesJarlais
Diaz-Balart
Dold
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Lamborn
Lance
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paul
Paulsen
Pearce
Pence
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schmidt
Schock
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--8
Cassidy
Filner
Hinojosa
Johnson (GA)
Labrador
Landry
Sanchez, Linda T.
Slaughter
{time} 1720
Messrs. RUNYAN and FINCHER, Mrs. HARTZLER, Messrs. GRAVES of
Missouri, MARCHANT, BROOKS and MEEHAN changed their vote from ``aye''
to ``no.''
Mr. BERMAN, Ms. PINGREE, Mrs. DAVIS of California, Mr. RANGEL, Ms.
SPEIER and Ms. BROWN of Florida changed their vote from ``no'' to
``aye.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. HINOJOSA. Madam Speaker, on rollcall No. 257, had I been present,
I would have voted ``aye.''
Mr. FILNER. Madam Speaker, on rollcall 257, I was away from the
Capitol due to prior commitments to my constituents. Had I been
present, I would have voted ''aye.''
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. CONYERS. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 222,
noes 205, not voting 4, as follows:
[Roll No. 258]
AYES--222
Adams
Aderholt
Akin
Alexander
Amodei
Austria
Bachmann
Bachus
Barletta
Barrow
Barton (TX)
Benishek
Berkley
Bilbray
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boustany
Brady (TX)
Brooks
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carter
Chabot
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Cravaack
Crawford
Crenshaw
Culberson
Denham
Dent
DesJarlais
Dreier
Duffy
Duncan (SC)
Duncan (TN)
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NOES--205
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Yarmuth
NOT VOTING--4
Cassidy
Filner
Labrador
Slaughter
{time} 1729
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. FILNER. Madam Speaker, on rollcall 258, I was away from the
Capitol due to prior commitments to my constituents. Had I been
present, I would have voted ''nay.''
____________________