[Congressional Record Volume 159, Number 22 (Tuesday, February 12, 2013)]
[Senate]
[Pages S613-S645]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2013--Continued
Amendment No. 16
The PRESIDING OFFICER. Under the previous order, there will be 2
minutes of debate equally divided prior to a vote in relation to
amendment No. 16 offered by the Senator from Oklahoma, Mr. Coburn.
The Senator from Oklahoma.
Mr. COBURN. Madam President, this is simply an amendment that says if
a woman is raped and there is an article of indictment against the
rapist, she ought to have a right to know the sexually transmitted
diseases that rapist carries.
I reserve the remainder of my time.
The PRESIDING OFFICER. Who yields time?
The Senator from Vermont.
Mr. LEAHY. The Senator from Oklahoma was a member of the Senate
Judiciary Committee when the Violence Against Women Reauthorization Act
was considered and approved. He was a member for many years and never
came to me to raise this issue. It has not been considered and its
potential consequences of cutting 20 percent of Federal assistance
grants to states that help law enforcement and encourage arrests in
sexual assault and domestic violence cases could be disastrous. It is
the wrong way to go.
I think we all agree that victims of sexual assault should receive
testing and treatment for sexually transmitted diseases. The Leahy-
Crapo bill already adds new coverage for HIV testing and services for
sexual assault victims. There is also already a five percent penalty in
the law for those who don't provide HIV testing.
However, the amendment would mandate that states force tests on
defendants, those accused of crimes but not tried or convicted. To
require such testing within 48 hours of information or indictment is
practically difficult or impossible for many states and violates the
state constitution in others. This amendment sets up requirements that
many state and local governments cannot comply with and will cause
states to lose millions in assistance that helps victims of rape and
domestic violence.
The Senator from Oklahoma has consistently voted against VAWA. That
is his right. But we should not make the programs more difficult for
law enforcement and victims because he does not support them. This is
not the right way to reduce government--by setting up government
mandates that law enforcement cannot meet and then cutting their
assistance funding when they cannot. I do not believe this one-size-
fits-all mandate from Washington to our states is the right way to go.
A large majority of states are not in compliance with this provision
and would lose crucial funds for preventing rape and domestic violence
and helping victims. These funds are particularly important in
difficult economic times, and cutting them would be devastating for
victims. The amendment's mandate is overly proscriptive and intrusive
and would result in a loss of crucial services to many victims. That is
why the National Task Force to End Sexual and Domestic Violence Against
Women strongly opposes this amendment.
I am willing to work on even more ways to ensure that rape victims
receive all needed treatment. But doing so with measures that will
punish the rape victims themselves by denying them access to needed
services is inhumane and counter-productive. I urge Senators to oppose
this amendment.
I ask unanimous consent to have printed in the Record letters in
opposition to amendment No. 16 to S. 47, the Violence Against Women
Reauthorization Act of 2013.
There being no objection, the material was ordered to be printed in
the Record, as follows:
National Task Force to End Sexual and Domestic Violence
Against Women
Hon. Patrick Leahy,
Chairman, Senate Judiciary Committee, U.S. Senate,
Washington, DC.
Dear Chairman Leahy: The National Task Force to End Sexual
and Domestic Violence is comprised of national, tribal,
state, territorial and local organizations, as well as
individuals, committed to securing an end to violence against
women, and we are urging Senators to oppose Amendment No. 16
to S. 47, proposed by Senator Coburn. The National Task Force
strongly supports the increased availability of treatment
options for victims of sexual violence who have acquired a
sexually transmitted infection as a result
[[Page S614]]
of an assault. While ostensibly this amendment addresses that
issue, it in fact fundamentally alters the purpose and
approach of one of VAWA's key grant programs and severely
penalizes grant recipients for compliance failures that may
be impossible for them to meet.
The National Task Force would welcome the addition of
treatment to the existing language in S. 47 related to victim
testing and counseling and the expansion of this purpose area
to include all sexually transmitted infections.
However, amendment 16 goes well beyond this recommendation.
The amendment would require all recipients one of VAWA's
grant programs to pay for sexual assault victims' treatment
for sexually transmitted infections. Amendment 16 is overly
prescriptive and fails to allow states and local governments
to address other pressing violence against women priorities
in their communities. Additionally, it is administratively
unworkable because grantees will have no way to budget for
unanticipated costs of treatment.
Additionally, amendment 16 goes far beyond current law to
require grantees to certify that state law requires testing
offenders for all sexually transmitted infections or risk
lose 20% of their grant funding. Many states are already
losing 5% of certain grants for failure to comply with
existing law requiring HIV testing of offenders. Amendment 16
would result in 20% grant penalties for many local
governments who would have no way to comply. It is a one size
fits all approach to a grant program that was designed
specifically to meet critical community priorities as
identified by those communities.
Sincerely,
National Task Force to End
Sexual and Domestic Violence
Against Women.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. COBURN. The people who oppose it oppose it on the grounds they
might not get as much money unless they actually keep a woman from
getting raped twice--once by the system we set up and once by their
attacker.
If Senators vote against this, what they are saying is they don't
have any compassion for the women who don't know the status of the
person who raped them. Therefore, they go under treatment; they go
through unknown and severe psychological stress, having to be
repeatedly tested.
We put this in the bill the last time at 5 percent. All we did this
time is raise it to 20 percent to try to reduce this behavior in the
States.
The chairman of the Judiciary Committee voted for this last time. So
to say what we are doing is not in the best interests of women is
wrong. If someone really thinks women ought to get raped twice, vote
against this amendment.
The PRESIDING OFFICER. The time of the Senator has expired.
Mr. LEAHY. Madam President, would that it were so simple. The
amendment is simply going to take protections away from thousands of
women, and that is why I oppose it.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
Mr. COBURN. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
The result was announced--yeas 43, nays 57, as follows:
[Rollcall Vote No. 18 Leg.]
YEAS--43
Alexander
Ayotte
Barrasso
Blunt
Boozman
Burr
Chambliss
Coats
Coburn
Cochran
Corker
Cornyn
Crapo
Cruz
Enzi
Fischer
Flake
Graham
Grassley
Hagan
Hatch
Hoeven
Inhofe
Isakson
Johanns
Johnson (WI)
Lee
Manchin
McCain
McConnell
Moran
Paul
Portman
Risch
Roberts
Rubio
Scott
Sessions
Shelby
Thune
Toomey
Vitter
Wicker
NAYS--57
Baldwin
Baucus
Begich
Bennet
Blumenthal
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Collins
Coons
Cowan
Donnelly
Durbin
Feinstein
Franken
Gillibrand
Harkin
Heinrich
Heitkamp
Heller
Hirono
Johnson (SD)
Kaine
King
Kirk
Klobuchar
Landrieu
Lautenberg
Leahy
Levin
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Pryor
Reed
Reid
Rockefeller
Sanders
Schatz
Schumer
Shaheen
Stabenow
Tester
Udall (CO)
Udall (NM)
Warner
Warren
Whitehouse
Wyden
The amendment (No. 16) was rejected.
Mr. LEE. Madam President, today I would like to address a provision
of the Violence Against Women Act, S. 47, that is of great concern.
Title IX of VAWA provides tribal courts with special jurisdiction over
non-Indians who are charged with crimes of domestic violence. While
title IX requires tribal courts availing themselves of this special
jurisdiction to provide the non-Indian defendant ``all other rights
whose protection is necessary under the Constitution,'' I am concerned
that such proceedings have the potential to deprive U.S. citizens of
crucial due process rights, especially without further connection to
the existing Federal court system.
First, title IX currently requires a defendant to be tried by an
impartial jury drawn from sources that ``reflect a fair cross section
of the community.'' We are always concerned that the population from
which a jury is drawn not result in bias against a defendant who may
not be part of the same race, culture, or religion as the jurors. While
the population of many Indian lands consists of a wide variety of both
Indians and non-Indians, many parts of Indian country are populated by
Indians who have close ties to one another but limited interaction with
non-Indians. I believe we must seek to minimize the potential for bias
against non-Indian defendants under such circumstances.
Second, in State and Federal courts, the defendant has several
options with which to challenge the validity of the court's rulings.
Under the special jurisdiction laid out in title IX, the defendant
lacks both the ability to remove his case to Federal court when
appropriate and the ability to appeal a decision to a Federal appeals
court. While many tribal courts have proven to be as consistent and
fair as traditional courts, the possibility of removal and appeal is
key to the oversight that U.S. citizens rightfully expect in criminal
proceedings.
For these reasons I respectfully urge my colleagues to oppose S. 47.
Ms. MIKULSKI. Madam President, I recognize the concerns of the
Senator from Oklahoma. His amendment has good intentions by seeking to
find ways to reduce duplication for all Department of Justice, DOJ,
grants to State and local governments and nonprofit organizations. I
agree with the Senator from Oklahoma that we need to pinch every penny.
However, as chairwoman of both the Appropriations Committee and the
Subcommittee on Commerce, Justice and Science, CJS, I must oppose the
amendment. It directs the Justice Department to develop and implement a
plan that eliminates, consolidates or streamlines seemingly similar
existing grant programs to find at least $780 million in savings. Then,
regardless of whether or not duplication in grant programs is
identified, $780 million would be automatically rescinded for deficit
reduction, unless DOJ chooses to redirect a portion for DNA backlog
reduction grants.
I oppose this amendment for two reasons. First, the fiscal year 2013
Senate CJS bill already rescinds over $61 million from DOJ grants,
coming on top of $93 million rescinded in the fiscal year 2012 enacted
bill. The Justice Department's grant components are already struggling
to meet those mandatory rescissions. In order to meet an additional
$780 million, this amendment would give the Department enormous power
to unilaterally terminate programs with no input from Congress.
Second, Justice grants have already been slashed, and are likely to
take more cuts in the coming months and years. Since fiscal year 2010,
DOJ grants have been cut by more than $1.5 billion, a 41 percent
reduction, from $3.6 billion in fiscal year 2010 to $2.1 billion in
fiscal year 2012, shifting the burden of crime fighting to State and
local governments where budgets are also stressed. Should sequestration
kick in, grants will be cut by at least $110 million, or another 5
percent reduction. This amendment would cut another $780 million from
programs like Byrne Justice Assistance Grants, COPS Hiring, youth
mentoring, bulletproof vests, and the Violence Against Women Act.
Altogether, this would be an astounding cut of $2.4 billion, or 64
percent, since fiscal year 2010.
[[Page S615]]
The Senator from Oklahoma and I agree that we need to be strong
sentries over taxpayers' funds. I have encouraged the Attorney General
to follow GAO's recommendations, and he has responded by directing the
Department to assess and consolidate grant programs when possible in
order to prevent unnecessary duplication. But the Coburn amendment
implements sweeping cuts, which will impact every Justice grant
program. It will hurt our law enforcement and community partners at
home, who are already struggling with limited tools to keep our
families and neighborhoods safe and help victims of crime.
I oppose this amendment and urge my colleagues to vote no.
Mr. LEVIN. Madam President, as a cosponsor of the Violence Against
Women Reauthorization Act of 2013, I urge my colleagues to adopt this
important measure.
The issue before us is not partisan. It is not of importance to just
one State or region, or to a single group or interest. It is manifestly
in the interest of every American to reauthorize these important
programs that have made such a difference in the lives of women and
families across this country.
Since its passage, the Violence Against Women Act has provided
comprehensive support to survivors of domestic and sexual violence and
to the Federal, State and local agencies that confront this scourge
every day. The original legislation passed in 1994 laid a strong
foundation that helped establish a coordinated response to violence
against women. Reauthorizations in 2000 and 2005 strengthened that
foundation. Today, through violence prevention grants, services to
survivors of sexual assault, legal assistance, transitional housing
grants, assistance to law enforcement agencies and prosecutors and
other efforts, VAWA has made an enormous difference.
Deaths due to violent acts by intimate partners have decreased
significantly. And according to a cost-benefit analysis, VAWA saved
nearly $15 billion in its first 6 years of existence by avoiding the
high social costs violence against women exacts on our Nation. William
T. Robinson, the president of the American Bar Association, calls VAWA
``the single most effective federal effort to respond to the epidemic
of domestic violence, dating violence, sexual assault and stalking in
this country.''
I had hoped the Congress would act to reauthorize VAWA last year.
There is no reason that today we cannot pass this legislation with
overwhelming bipartisan support. Doing so will make an enormous
difference in protecting women from domestic abuse and other forms of
violence. And it will make a strong statement that the Senate is united
in our desire to ensure that our mothers, wives, sisters, and daughters
will continue to receive that protection.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. Under the previous order, there will be 2
minutes of debate equally divided prior to a vote on passage of S. 47,
as amended.
Mr. LEAHY. As the Senate now votes on the Violence Against Women
Reauthorization Act, I hope we will join together in a strong
bipartisan majority to pass this important legislation. Enactment of
our bill to help all victims of domestic and sexual violence is
overdue. Together we can finally finish what we started last year. We
are deeply indebted to the women and men around the country who have
been working with us and have been steadfast in their commitment to the
victims and to our efforts to combat domestic violence, dating
violence, stalking, and sexual assault.
The Violence Against Women Act has been effective at preventing
crimes and protecting victims. But there is so much more to be done.
The Centers for Disease Control and Prevention's recent survey found
that one in four women has been the victim of severe physical domestic
violence, and one in five women has been raped in her lifetime. More
than half of the homicides in my state of Vermont are related to
domestic violence. This is simply unacceptable. We can and we must do
better.
The Senate overwhelmingly passed the Leahy-Crapo bill last April. In
the nearly 10 months since then, thousands of women around the country
have been victimized. We have heard of too many cases, yet the vast
majority of these crimes are never reported at all. I cannot help but
feel that some of those crimes could have been prevented. Some of those
victims could have gotten more assistance. Congress should not delay
any longer.
Our bill offers support for those techniques already proven in the
field that help identify high-risk cases and prevent domestic violence
homicides. It will increase VAWA's focus on rape victims and push
colleges to strengthen their efforts to protect students from domestic
and sexual violence. This reauthorization will allow us to make real
progress in addressing the horrifying epidemic of domestic violence in
tribal communities. This bipartisan bill will allow services to get to
those in the LGBT community who have had trouble accessing services in
the past. The bill also includes key improvements for immigrant victims
of domestic and sexual violence.
All of these provisions were included because victims and the people
who work with them every day told us they were needed to prevent crimes
and provide better assistance to victims. We are trying to help victims
and prevent crime. We have been working to get this bill through the
Senate and to the House so we can quickly get a good bill to the
President for his signature. We cannot afford further delay while more
victims suffer unnecessarily.
I, again, thank the Majority Leader for making violence against women
a priority for the Senate. We have been debating this measure since
last Monday. We have considered a number of amendments. In the
legislative process we have been able to make additional progress by
adopting the bipartisan Trafficking Victims Protection Reauthorization
Act, as well.
I noted at the outset of this debate that by providing new tools and
resources to communities all around the country, we have helped bring
the crimes of rape and domestic violence out of the shadows. The
Federal Government is standing with the women of this country and sent
the message that we would no longer tolerate their treatment as second
class citizens. Our bill renews and reinforces that commitment.
Ending violence against women is not an easy problem to solve, but
there are simple and significant steps we can take right now, without
delay, by passing this legislation. We have worked hard to make this
bill bipartisan and I am proud that it has more than 60 Senate
cosponsors. It also has the support of more than 1400 local, state and
national organizations from around the country that work with victims
every day and know just how critical this law has been. I included
their most recent letter of support with my remarks last Monday. I,
again, thank them for their tireless efforts.
There remain some special interest lobbies and some Senators who do
not appreciate the role of the Federal Government in helping improve
the lives of Americans. It is disappointed that Heritage Action and the
Family Research Council are urging opposition to our bipartisan bill. I
hope that Senators will listen, instead, to the victims and to law
enforcement and to the more than 1400 national, state, and local
organizations that strongly support our Violence Against Women
Reauthorization Act.
If anyone needs a reminder of how important government help can be,
just think about the way that Federal and local law enforcement worked
together last week to rescue Ethan, a 5-year-old kidnapped boy, from an
underground bunker in Alabama, where he had been held hostage for
almost a week. Ask the family and local law enforcement if they
appreciated the help of the FBI, the Defense Department and so many who
contributed to the safe return of that innocent victim.
Every day across this nation we are reminded of the importance of
programs like the Violence Against Women Act. Our bipartisan bill does
more than protect victims of domestic violence. It also contains
provisions to protect victims of stalking. This morning the Washington
Post reported that a ``man stalking one of his victims shot and killed
two women waiting to pass through metal detectors at a courthouse . . .
Two male police officers also were struck by bullets . . . but were
[[Page S616]]
saved by their bullet-proof vests.'' This episode should remind us all
that after working to reauthorize and reinvigorate the Violence Against
Women Act, we must also reauthorize the Bullet Proof Vest program so
that more of our law enforcement officials can be protected.
I spent years in local law enforcement and have great respect for the
men and women who protect us every day. When I hear Senators say that
we should not provide Federal assistance, we should not help officers
get the protection they need with bulletproof vests, or that we should
not help the families of fallen public safety officers, I strongly
disagree. In our Federal system, we can help and when we can, we should
help. And that is exactly the opportunity that is before us today. We
have the power to help improve the lives of millions of people in this
country by renewing and expanding our commitment to end domestic and
sexual violence and strengthen our commitment against human
trafficking. A recent study from the Centers for Disease Control (CDC)
found that more than 24 people per minute are the victims of rape,
domestic violence and stalking in this country. We can take action to
change that and we must.
I am proud that our bill seeks to support all victims, regardless of
their immigration status, their sexual orientation or their membership
in an Indian tribe. As I have said countless times on the floor of this
chamber, ``a victim is a victim is a victim.'' The Violence Against
Women Act is an example of how the Federal Government can help solve
problems in cooperation with state and local communities. The fact is
that women are safer today because of this law and there is no excuse
not to improve upon it and reauthorize it without delay. We are working
to protect victims--all victims--of domestic and sexual violence. I
urge all Senators to look past the narrow, ideological opposition of
some and join with us. That is what the former senior Senator from
Texas, Senator Hutchison, did last year when her Republican substitute
was rejected by the Senate.
I hope that despite 14 Republican Senators not voting to proceed to
consider the bill and 35 Republican Senators supporting what was a poor
substitute offered and rejected early in this debate, we will have a
strong bipartisan vote for final passage. I urge those who previously
opposed our efforts to improve the Violence Against Women Act to join
with us and help the Senate send our strong bill to the House of
Representatives so that we can get it enacted. Despite the predictions
by some that the Republican House of Representatives will refuse to
consider the Senate bill, as it did last year, I see reason for hope.
Just yesterday 17 Republican members of the House wrote to their own
leadership urging immediate reauthorization of VAWA.
I thank the many Senators who have helped shape this bill and have
spoken is such strong support of it, including Senator Crapo, Senator
Mikulski, Senator Murkowski, Senator Murray, Senator Klobuchar, Senator
Coons, Senator Collins, Senator Shaheen, Senator Franken, Senator
Hagan, Senator Casey, and so many others. I also thank their staffs and
my own, including Kristine Lucius, Noah Bookbinder, Anya McMurray,
Chris Leopold, Bryan Seeley, and Clark Flynt, for their countless hours
of work away from their own families as we try to make all families
safer and more secure.
The PRESIDING OFFICER. Who yields time in opposition?
Mr. GRASSLEY. Madam President, I yield back our time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall it pass?
Mr. LEAHY. Madam President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The bill clerk called the roll.
The result was announced--yeas 78, nays 22, as follows:
[Rollcall Vote No. 19 Leg.]
YEAS--78
Alexander
Ayotte
Baldwin
Baucus
Begich
Bennet
Blumenthal
Boxer
Brown
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Cochran
Collins
Coons
Corker
Cowan
Crapo
Donnelly
Durbin
Feinstein
Fischer
Flake
Franken
Gillibrand
Hagan
Harkin
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Isakson
Johnson (SD)
Kaine
King
Kirk
Klobuchar
Landrieu
Lautenberg
Leahy
Levin
Manchin
McCain
McCaskill
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Portman
Pryor
Reed
Reid
Rockefeller
Sanders
Schatz
Schumer
Shaheen
Shelby
Stabenow
Tester
Toomey
Udall (CO)
Udall (NM)
Vitter
Warner
Warren
Whitehouse
Wicker
Wyden
NAYS--22
Barrasso
Blunt
Boozman
Coburn
Cornyn
Cruz
Enzi
Graham
Grassley
Hatch
Inhofe
Johanns
Johnson (WI)
Lee
McConnell
Paul
Risch
Roberts
Rubio
Scott
Sessions
Thune
The bill (S. 47), as amended, was passed, as follows:
S. 47
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 2013''.
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. Universal definitions and grant conditions.
Sec. 4. Effective date.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
Sec. 101. Stop grants.
Sec. 102. Grants to encourage arrest policies and enforcement of
protection orders.
Sec. 103. Legal assistance for victims.
Sec. 104. Consolidation of grants to support families in the justice
system.
Sec. 105. Sex offender management.
Sec. 106. Court-appointed special advocate program.
Sec. 107. Criminal provision relating to stalking, including
cyberstalking.
Sec. 108. Outreach and services to underserved populations grant.
Sec. 109. Culturally specific services grant.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 201. Sexual assault services program.
Sec. 202. Rural domestic violence, dating violence, sexual assault,
stalking, and child abuse enforcement assistance.
Sec. 203. Training and services to end violence against women with
disabilities grants.
Sec. 204. Enhanced training and services to end abuse in later life.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
Sec. 301. Rape prevention and education grant.
Sec. 302. Creating hope through outreach, options, services, and
education for children and youth.
Sec. 303. Grants to combat violent crimes on campuses.
Sec. 304. Campus sexual violence, domestic violence, dating violence,
and stalking education and prevention.
TITLE IV--VIOLENCE REDUCTION PRACTICES
Sec. 401. Study conducted by the centers for disease control and
prevention.
Sec. 402. Saving money and reducing tragedies through prevention
grants.
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 501. Consolidation of grants to strengthen the healthcare system's
response to domestic violence, dating violence, sexual
assault, and stalking.
TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING
Sec. 601. Housing protections for victims of domestic violence, dating
violence, sexual assault, and stalking.
Sec. 602. Transitional housing assistance grants for victims of
domestic violence, dating violence, sexual assault, and
stalking.
Sec. 603. Addressing the housing needs of victims of domestic violence,
dating violence, sexual assault, and stalking.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
Sec. 701. National Resource Center on Workplace Responses to assist
victims of domestic and sexual violence.
[[Page S617]]
TITLE VIII--PROTECTION OF BATTERED IMMIGRANTS
Sec. 801. U nonimmigrant definition.
Sec. 802. Annual report on immigration applications made by victims of
abuse.
Sec. 803. Protection for children of VAWA self-petitioners.
Sec. 804. Public charge.
Sec. 805. Requirements applicable to U visas.
Sec. 806. Hardship waivers.
Sec. 807. Protections for a fiancee or fiance of a citizen.
Sec. 808. Regulation of international marriage brokers.
Sec. 809. Eligibility of crime and trafficking victims in the
Commonwealth of the Northern Mariana Islands to adjust
status.
Sec. 810. Disclosure of information for national security purposes.
TITLE IX--SAFETY FOR INDIAN WOMEN
Sec. 901. Grants to Indian tribal governments.
Sec. 902. Grants to Indian tribal coalitions.
Sec. 903. Consultation.
Sec. 904. Tribal jurisdiction over crimes of domestic violence.
Sec. 905. Tribal protection orders.
Sec. 906. Amendments to the Federal assault statute.
Sec. 907. Analysis and research on violence against Indian women.
Sec. 908. Effective dates; pilot project.
Sec. 909. Indian law and order commission; Report on the Alaska Rural
Justice and Law Enforcement Commission.
Sec. 910. Special rule for the State of Alaska.
TITLE X--SAFER ACT
Sec. 1001. Short title.
Sec. 1002. Debbie Smith grants for auditing sexual assault evidence
backlogs.
Sec. 1003. Reports to Congress.
Sec. 1004. Reducing the rape kit backlog.
Sec. 1005. Oversight and accountability.
Sec. 1006. Sunset.
TITLE XI--OTHER MATTERS
Sec. 1101. Sexual abuse in custodial settings.
Sec. 1102. Anonymous online harassment.
Sec. 1103. Stalker database.
Sec. 1104. Federal victim assistants reauthorization.
Sec. 1105. Child abuse training programs for judicial personnel and
practitioners reauthorization.
TITLE XII--TRAFFICKING VICTIMS PROTECTION
Subtitle A--Combating International Trafficking in Persons
Sec. 1201. Regional strategies for combating trafficking in persons.
Sec. 1202. Partnerships against significant trafficking in persons.
Sec. 1203. Protection and assistance for victims of trafficking.
Sec. 1204. Minimum standards for the elimination of trafficking.
Sec. 1205. Best practices in trafficking in persons eradication.
Sec. 1206. Protections for domestic workers and other nonimmigrants.
Sec. 1207. Prevention of child marriage.
Sec. 1208. Child soldiers.
Subtitle B--Combating Trafficking in Persons in the United States
PART I--Penalties Against Traffickers and Other Crimes
Sec. 1211. Criminal trafficking offenses.
Sec. 1212. Civil remedies; clarifying definition.
PART II--Ensuring Availability of Possible Witnesses and Informants
Sec. 1221. Protections for trafficking victims who cooperate with law
enforcement.
Sec. 1222. Protection against fraud in foreign labor contracting.
PART III--Ensuring Interagency Coordination and Expanded Reporting
Sec. 1231. Reporting requirements for the Attorney General.
Sec. 1232. Reporting requirements for the Secretary of Labor.
Sec. 1233. Information sharing to combat child labor and slave labor.
Sec. 1234. Government training efforts to include the Department of
Labor.
Sec. 1235. GAO report on the use of foreign labor contractors.
Sec. 1236. Accountability.
PART IV--Enhancing State and Local Efforts to Combat Trafficking in
Persons
Sec. 1241. Assistance for domestic minor sex trafficking victims.
Sec. 1242. Expanding local law enforcement grants for investigations
and prosecutions of trafficking.
Sec. 1243. Model State criminal law protection for child trafficking
victims and survivors.
Subtitle C--Authorization of Appropriations
Sec. 1251. Adjustment of authorization levels for the Trafficking
Victims Protection Act of 2000.
Sec. 1252. Adjustment of authorization levels for the Trafficking
Victims Protection Reauthorization Act of 2005.
Subtitle D--Unaccompanied Alien Children
Sec. 1261. Appropriate custodial settings for unaccompanied minors who
reach the age of majority while in Federal custody.
Sec. 1262. Appointment of child advocates for unaccompanied minors.
Sec. 1263. Access to Federal foster care and unaccompanied refugee
minor protections for certain U Visa recipients.
Sec. 1264. GAO study of the effectiveness of border screenings.
SEC. 3. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.
(a) Definitions.--Subsection (a) of section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925(a)) is
amended--
(1) by striking paragraphs (5), (17), (18), (23), (29),
(33), (36), and (37);
(2) by redesignating--
(A) paragraphs (34) and (35) as paragraphs (41) and (42),
respectively;
(B) paragraphs (30), (31), and (32) as paragraphs (36),
(37), and (38), respectively;
(C) paragraphs (24) through (28) as paragraphs (30) through
(34), respectively;
(D) paragraphs (21) and (22) as paragraphs (26) and (27),
respectively;
(E) paragraphs (19) and (20) as paragraphs (23) and (24),
respectively;
(F) paragraphs (10) through (16) as paragraphs (13) through
(19), respectively;
(G) paragraphs (6), (7), (8), and (9) as paragraphs (8),
(9), (10), and (11), respectively; and
(H) paragraphs (1), (2), (3), and (4) as paragraphs (2),
(3), (4), and (5), respectively;
(3) by inserting before paragraph (2), as redesignated, the
following:
``(1) Alaska native village.--The term `Alaska Native
village' has the same meaning given such term in the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.).'';
(4) in paragraph (3), as redesignated, by striking
``serious harm.'' and inserting ``serious harm to an
unemancipated minor.'';
(5) in paragraph (4), as redesignated, by striking ``The
term'' through ``that--'' and inserting ``The term
`community-based organization' means a nonprofit,
nongovernmental, or tribal organization that serves a
specific geographic community that--'';
(6) by inserting after paragraph (5), as redesignated, the
following:
``(6) Culturally specific.--The term `culturally specific'
means primarily directed toward racial and ethnic minority
groups (as defined in section 1707(g) of the Public Health
Service Act (42 U.S.C. 300u-6(g)).
``(7) Culturally specific services.--The term `culturally
specific services' means community-based services that
include culturally relevant and linguistically specific
services and resources to culturally specific communities.'';
(7) in paragraph (8), as redesignated, by inserting ``or
intimate partner'' after ``former spouse'' and ``as a
spouse'';
(8) by inserting after paragraph (11), as redesignated, the
following:
``(12) Homeless.--The term `homeless' has the meaning
provided in section 41403(6).'';
(9) in paragraph (18), as redesignated, by inserting ``or
Village Public Safety Officers'' after ``governmental victim
services programs'';
(10) in paragraph (19), as redesignated, by inserting at
the end the following:
``Intake or referral, by itself, does not constitute legal
assistance.'';
(11) by inserting after paragraph (19), as redesignated,
the following:
``(20) Personally identifying information or personal
information.--The term `personally identifying information'
or `personal information' means individually identifying
information for or about an individual including information
likely to disclose the location of a victim of domestic
violence, dating violence, sexual assault, or stalking,
regardless of whether the information is encoded, encrypted,
hashed, or otherwise protected, including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-mail or
Internet protocol address, or telephone or facsimile number);
``(D) a social security number, driver license number,
passport number, or student identification number; and
``(E) any other information, including date of birth,
racial or ethnic background, or religious affiliation, that
would serve to identify any individual.
``(21) Population specific organization.--The term
`population specific organization' means a nonprofit,
nongovernmental organization that primarily serves members of
a specific underserved population and has demonstrated
experience and expertise providing targeted services to
members of that specific underserved population.
``(22) Population specific services.--The term `population
specific services' means victim-centered services that
address the safety, health, economic, legal, housing,
workplace, immigration, confidentiality, or other needs of
victims of domestic violence, dating violence, sexual
assault, or stalking, and that are designed primarily for and
are targeted to a specific underserved population.'';
(12) in paragraph (23), as redesignated, by striking
``services'' and inserting ``assistance'';
(13) by inserting after paragraph (24), as redesignated,
the following:
``(25) Rape crisis center.--The term `rape crisis center'
means a nonprofit, nongovernmental, or tribal organization,
or governmental entity in a State other than a Territory that
provides intervention and related assistance, as specified in
section 41601(b)(2)(C), to victims of sexual assault without
regard to their age. In the case of a governmental entity,
the entity may not be part of the criminal justice system
(such as a law enforcement agency) and must be able to offer
a comparable level of confidentiality
[[Page S618]]
as a nonprofit entity that provides similar victim
services.'';
(14) in paragraph (26), as redesignated--
(A) in subparagraph (A), by striking ``or'' after the
semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by inserting at the end the following:
``(C) any federally recognized Indian tribe.'';
(15) in paragraph (27), as redesignated--
(A) by striking ``52'' and inserting ``57''; and
(B) by striking ``150,000'' and inserting ``250,000'';
(16) by inserting after paragraph (27), as redesignated,
the following:
``(28) Sex trafficking.--The term `sex trafficking' means
any conduct proscribed by section 1591 of title 18, United
States Code, whether or not the conduct occurs in interstate
or foreign commerce or within the special maritime and
territorial jurisdiction of the United States.
``(29) Sexual assault.--The term `sexual assault' means any
nonconsensual sexual act proscribed by Federal, tribal, or
State law, including when the victim lacks capacity to
consent.'';
(17) by inserting after paragraph (34), as redesignated,
the following:
``(35) Tribal coalition.--The term `tribal coalition' means
an established nonprofit, nongovernmental Indian
organization, Alaska Native organization, or a Native
Hawaiian organization that--
``(A) provides education, support, and technical assistance
to member Indian service providers in a manner that enables
those member providers to establish and maintain culturally
appropriate services, including shelter and rape crisis
services, designed to assist Indian women and the dependents
of those women who are victims of domestic violence, dating
violence, sexual assault, and stalking; and
``(B) is comprised of board and general members that are
representative of--
``(i) the member service providers described in
subparagraph (A); and
``(ii) the tribal communities in which the services are
being provided.'';
(18) by inserting after paragraph (38), as redesignated,
the following:
``(39) Underserved populations.--The term `underserved
populations' means populations who face barriers in accessing
and using victim services, and includes populations
underserved because of geographic location, religion, sexual
orientation, gender identity, underserved racial and ethnic
populations, populations underserved because of special needs
(such as language barriers, disabilities, alienage status, or
age), and any other population determined to be underserved
by the Attorney General or by the Secretary of Health and
Human Services, as appropriate.
``(40) Unit of local government.--The term `unit of local
government' means any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State.''; and
(19) by inserting after paragraph (42), as redesignated,
the following:
``(43) Victim service provider.--The term `victim service
provider' means a nonprofit, nongovernmental or tribal
organization or rape crisis center, including a State or
tribal coalition, that assists or advocates for domestic
violence, dating violence, sexual assault, or stalking
victims, including domestic violence shelters, faith-based
organizations, and other organizations, with a documented
history of effective work concerning domestic violence,
dating violence, sexual assault, or stalking.
``(44) Victim services or services.--The terms `victim
services' and `services' mean services provided to victims of
domestic violence, dating violence, sexual assault, or
stalking, including telephonic or web-based hotlines, legal
advocacy, economic advocacy, emergency and transitional
shelter, accompaniment and advocacy through medical, civil or
criminal justice, immigration, and social support systems,
crisis intervention, short-term individual and group support
services, information and referrals, culturally specific
services, population specific services, and other related
supportive services.
``(45) Youth.--The term `youth' means a person who is 11 to
24 years old.''.
(b) Grants Conditions.--Subsection (b) of section 40002 of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(b))
is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by striking clauses (i) and (ii)
and inserting the following:
``(i) disclose, reveal, or release any personally
identifying information or individual information collected
in connection with services requested, utilized, or denied
through grantees' and subgrantees' programs, regardless of
whether the information has been encoded, encrypted, hashed,
or otherwise protected; or
``(ii) disclose, reveal, or release individual client
information without the informed, written, reasonably time-
limited consent of the person (or in the case of an
unemancipated minor, the minor and the parent or guardian or
in the case of legal incapacity, a court-appointed guardian)
about whom information is sought, whether for this program or
any other Federal, State, tribal, or territorial grant
program, except that consent for release may not be given by
the abuser of the minor, incapacitated person, or the abuser
of the other parent of the minor.
If a minor or a person with a legally appointed guardian is
permitted by law to receive services without the parent's or
guardian's consent, the minor or person with a guardian may
release information without additional consent.'';
(B) by amending subparagraph (D), to read as follows:
``(D) Information sharing.--
``(i) Grantees and subgrantees may share--
``(I) nonpersonally identifying data in the aggregate
regarding services to their clients and nonpersonally
identifying demographic information in order to comply with
Federal, State, tribal, or territorial reporting, evaluation,
or data collection requirements;
``(II) court-generated information and law enforcement-
generated information contained in secure, governmental
registries for protection order enforcement purposes; and
``(III) law enforcement-generated and prosecution-generated
information necessary for law enforcement and prosecution
purposes.
``(ii) In no circumstances may--
``(I) an adult, youth, or child victim of domestic
violence, dating violence, sexual assault, or stalking be
required to provide a consent to release his or her
personally identifying information as a condition of
eligibility for the services provided by the grantee or
subgrantee;
``(II) any personally identifying information be shared in
order to comply with Federal, tribal, or State reporting,
evaluation, or data collection requirements, whether for this
program or any other Federal, tribal, or State grant
program.'';
(C) by redesignating subparagraph (E) as subparagraph (F);
(D) by inserting after subparagraph (D) the following:
``(E) Statutorily mandated reports of abuse or neglect.--
Nothing in this section prohibits a grantee or subgrantee
from reporting suspected abuse or neglect, as those terms are
defined and specifically mandated by the State or tribe
involved.''; and
(E) by inserting after subparagraph (F), as redesignated,
the following:
``(G) Confidentiality assessment and assurances.--Grantees
and subgrantees must document their compliance with the
confidentiality and privacy provisions required under this
section.'';
(2) by striking paragraph (3) and inserting the following:
``(3) Approved activities.--In carrying out the activities
under this title, grantees and subgrantees may collaborate
with or provide information to Federal, State, local, tribal,
and territorial public officials and agencies to develop and
implement policies and develop and promote State, local, or
tribal legislation or model codes designed to reduce or
eliminate domestic violence, dating violence, sexual assault,
and stalking.'';
(3) in paragraph (7), by inserting at the end the
following:
``Final reports of such evaluations shall be made available
to the public via the agency's website.''; and
(4) by inserting after paragraph (11) the following:
``(12) Delivery of legal assistance.--Any grantee or
subgrantee providing legal assistance with funds awarded
under this title shall comply with the eligibility
requirements in section 1201(d) of the Violence Against Women
Act of 2000 (42 U.S.C. 3796gg-6(d)).
``(13) Civil rights.--
``(A) Nondiscrimination.--No person in the United States
shall, on the basis of actual or perceived race, color,
religion, national origin, sex, gender identity (as defined
in paragraph 249(c)(4) of title 18, United States Code),
sexual orientation, or disability, be excluded from
participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity funded in
whole or in part with funds made available under the Violence
Against Women Act of 1994 (title IV of Public Law 103-322;
108 Stat. 1902), the Violence Against Women Act of 2000
(division B of Public Law 106-386; 114 Stat. 1491), the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (title IX of Public Law 109-162;
119 Stat. 3080), the Violence Against Women Reauthorization
Act of 2013, and any other program or activity funded in
whole or in part with funds appropriated for grants,
cooperative agreements, and other assistance administered by
the Office on Violence Against Women.
``(B) Exception.--If sex segregation or sex-specific
programming is necessary to the essential operation of a
program, nothing in this paragraph shall prevent any such
program or activity from consideration of an individual's
sex. In such circumstances, grantees may meet the
requirements of this paragraph by providing comparable
services to individuals who cannot be provided with the sex-
segregated or sex-specific programming.
``(C) Discrimination.--The authority of the Attorney
General and the Office of Justice Programs to enforce this
paragraph shall be the same as it is under section 3789d of
title 42, United States Code.
``(D) Construction.--Nothing contained in this paragraph
shall be construed, interpreted, or applied to supplant,
displace, preempt, or otherwise diminish the responsibilities
and liabilities under other State or Federal civil rights
law, whether statutory or common.
``(14) Clarification of victim services and legal
assistance.--Victim services and
[[Page S619]]
legal assistance under this title also include services and
assistance to victims of domestic violence, dating violence,
sexual assault, or stalking who are also victims of severe
forms of trafficking in persons as defined by section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
``(15) Conferral.--
``(A) In general.--The Office on Violence Against Women
shall establish a biennial conferral process with State and
tribal coalitions and technical assistance providers who
receive funding through grants administered by the Office on
Violence Against Women and authorized by this Act, and other
key stakeholders.
``(B) Areas covered.--The areas of conferral under this
paragraph shall include--
``(i) the administration of grants;
``(ii) unmet needs;
``(iii) promising practices in the field; and
``(iv) emerging trends.
``(C) Initial conferral.--The first conferral shall be
initiated not later than 6 months after the date of enactment
of the Violence Against Women Reauthorization Act of 2013.
``(D) Report.--Not later than 90 days after the conclusion
of each conferral period, the Office on Violence Against
Women shall publish a comprehensive report that--
``(i) summarizes the issues presented during conferral and
what, if any, policies it intends to implement to address
those issues;
``(ii) is made available to the public on the Office on
Violence Against Women's website and submitted to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives.
``(16) Accountability.--All grants awarded by the Attorney
General under this Act shall be subject to the following
accountability provisions:
``(A) Audit requirement.--
``(i) In general.--Beginning in the first fiscal year
beginning after the date of the enactment of this Act, and in
each fiscal year thereafter, the Inspector General of the
Department of Justice shall conduct audits of recipients of
grants under this Act to prevent waste, fraud, and abuse of
funds by grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
``(ii) Definition.--In this paragraph, the term `unresolved
audit finding' means a finding in the final audit report of
the Inspector General of the Department of Justice that the
audited grantee has utilized grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not closed
or resolved within 12 months from the date when the final
audit report is issued.
``(iii) Mandatory exclusion.--A recipient of grant funds
under this Act that is found to have an unresolved audit
finding shall not be eligible to receive grant funds under
this Act during the following 2 fiscal years.
``(iv) Priority.--In awarding grants under this Act, the
Attorney General shall give priority to eligible entities
that did not have an unresolved audit finding during the 3
fiscal years prior to submitting an application for a grant
under this Act.
``(v) Reimbursement.--If an entity is awarded grant funds
under this Act during the 2-fiscal-year period in which the
entity is barred from receiving grants under paragraph (2),
the Attorney General shall--
``(I) deposit an amount equal to the grant funds that were
improperly awarded to the grantee into the General Fund of
the Treasury; and
``(II) seek to recoup the costs of the repayment to the
fund from the grant recipient that was erroneously awarded
grant funds.
``(B) Nonprofit organization requirements.--
``(i) Definition.--For purposes of this paragraph and the
grant programs described in this Act, the term `nonprofit
organization' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
``(ii) Prohibition.--The Attorney General may not award a
grant under any grant program described in this Act to a
nonprofit organization that holds money in offshore accounts
for the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
``(iii) Disclosure.--Each nonprofit organization that is
awarded a grant under a grant program described in this Act
and uses the procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the compensation
of its officers, directors, trustees and key employees, shall
disclose to the Attorney General, in the application for the
grant, the process for determining such compensation,
including the independent persons involved in reviewing and
approving such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make the
information disclosed under this subsection available for
public inspection.
``(C) Conference expenditures.--
``(i) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this Act may be used by
the Attorney General, or by any individual or organization
awarded discretionary funds through a cooperative agreement
under this Act, to host or support any expenditure for
conferences that uses more than $20,000 in Department funds,
unless the Deputy Attorney General or such Assistant Attorney
Generals, Directors, or principal deputies as the Deputy
Attorney General may designate, provides prior written
authorization that the funds may be expended to host a
conference.
``(ii) Written approval.--Written approval under clause (i)
shall include a written estimate of all costs associated with
the conference, including the cost of all food and beverages,
audiovisual equipment, honoraria for speakers, and any
entertainment.
``(iii) Report.--The Deputy Attorney General shall submit
an annual report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives on all approved conference expenditures
referenced in this paragraph.
``(D) Annual certification.--Beginning in the first fiscal
year beginning after the date of the enactment of this Act,
the Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate
and the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification that--
``(i) all audits issued by the Office of the Inspector
General under paragraph (1) have been completed and reviewed
by the appropriate Assistant Attorney General or Director;
``(ii) all mandatory exclusions required under subparagraph
(A)(iii) have been issued;
``(iii) all reimbursements required under subparagraph
(A)(v) have been made; and
``(iv) includes a list of any grant recipients excluded
under subparagraph (A) from the previous year.''.
SEC. 4. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, the
provisions of titles I, II, III, IV, VII, and sections 3,
602, 901, and 902 of this Act shall not take effect until the
beginning of the fiscal year following the date of enactment
of this Act.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
SEC. 101. STOP GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) in section 1001(a)(18) (42 U.S.C. 3793(a)(18)), by
striking ``$225,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$222,000,000 for each of fiscal years
2014 through 2018'';
(2) in section 2001(b) (42 U.S.C. 3796gg(b))--
(A) in the matter preceding paragraph (1)--
(i) by striking ``equipment'' and inserting ``resources'';
and
(ii) by inserting ``for the protection and safety of
victims,'' after ``women,'';
(B) in paragraph (1), by striking ``sexual assault'' and
all that follows through ``dating violence'' and inserting
``domestic violence, dating violence, sexual assault, and
stalking, including the appropriate use of nonimmigrant
status under subparagraphs (T) and (U) of section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C. 1101(a))'';
(C) in paragraph (2), by striking ``sexual assault and
domestic violence'' and inserting ``domestic violence, dating
violence, sexual assault, and stalking'';
(D) in paragraph (3), by striking ``sexual assault and
domestic violence'' and inserting ``domestic violence, dating
violence, sexual assault, and stalking, as well as the
appropriate treatment of victims'';
(E) in paragraph (4)--
(i) by striking ``sexual assault and domestic violence''
and inserting ``domestic violence, dating violence, sexual
assault, and stalking''; and
(ii) by inserting ``, classifying,'' after ``identifying'';
(F) in paragraph (5)--
(i) by inserting ``and legal assistance'' after ``victim
services'';
(ii) by striking ``domestic violence and dating violence''
and inserting ``domestic violence, dating violence, and
stalking''; and
(iii) by striking ``sexual assault and domestic violence''
and inserting ``domestic violence, dating violence, sexual
assault, and stalking'';
(G) by striking paragraph (6) and redesignating paragraphs
(7) through (14) as paragraphs (6) through (13),
respectively;
(H) in paragraph (6), as redesignated by subparagraph (G),
by striking ``sexual assault and domestic violence'' and
inserting ``domestic violence, dating violence, sexual
assault, and stalking'';
(I) in paragraph (7), as redesignated by subparagraph (G),
by striking ``and dating violence'' and inserting ``dating
violence, and stalking'';
(J) in paragraph (9), as redesignated by subparagraph (G),
by striking ``domestic violence or sexual assault'' and
inserting `` domestic violence, dating violence, sexual
assault, or stalking'';
(K) in paragraph (12), as redesignated by subparagraph
(G)--
(i) in subparagraph (A), by striking ``triage protocols to
ensure that dangerous or potentially lethal cases are
identified and prioritized'' and inserting ``the use of
evidence-based indicators to assess the risk of domestic and
dating violence homicide and prioritize dangerous or
potentially lethal cases''; and
(ii) by striking ``and'' at the end;
(L) in paragraph (13), as redesignated by subparagraph
(G)--
(i) by striking ``to provide'' and inserting ``providing'';
[[Page S620]]
(ii) by striking ``nonprofit nongovernmental'';
(iii) by striking the comma after ``local governments'';
(iv) in the matter following subparagraph (C), by striking
``paragraph (14)'' and inserting ``paragraph (13)''; and
(v) by striking the period at the end and inserting a
semicolon; and
(M) by inserting after paragraph (13), as redesignated by
subparagraph (G), the following:
``(14) developing and promoting State, local, or tribal
legislation and policies that enhance best practices for
responding to domestic violence, dating violence, sexual
assault, and stalking;
``(15) developing, implementing, or enhancing Sexual
Assault Response Teams, or other similar coordinated
community responses to sexual assault;
``(16) developing and strengthening policies, protocols,
best practices, and training for law enforcement agencies and
prosecutors relating to the investigation and prosecution of
sexual assault cases and the appropriate treatment of
victims;
``(17) developing, enlarging, or strengthening programs
addressing sexual assault against men, women, and youth in
correctional and detention settings;
``(18) identifying and conducting inventories of backlogs
of sexual assault evidence collection kits and developing
protocols and policies for responding to and addressing such
backlogs, including protocols and policies for notifying and
involving victims;
``(19) developing, enlarging, or strengthening programs and
projects to provide services and responses targeting male and
female victims of domestic violence, dating violence, sexual
assault, or stalking, whose ability to access traditional
services and responses is affected by their sexual
orientation or gender identity, as defined in section 249(c)
of title 18, United States Code; and
``(20) developing, enhancing, or strengthening prevention
and educational programming to address domestic violence,
dating violence, sexual assault, or stalking, with not more
than 5 percent of the amount allocated to a State to be used
for this purpose.'';
(3) in section 2007 (42 U.S.C. 3796gg-1)--
(A) in subsection (a), by striking ``nonprofit
nongovernmental victim service programs'' and inserting
``victim service providers'';
(B) in subsection (b)(6), by striking ``(not including
populations of Indian tribes)'';
(C) in subsection (c)--
(i) by striking paragraph (2) and inserting the following:
``(2) grantees and subgrantees shall develop a plan for
implementation and shall consult and coordinate with--
``(A) the State sexual assault coalition;
``(B) the State domestic violence coalition;
``(C) the law enforcement entities within the State;
``(D) prosecution offices;
``(E) State and local courts;
``(F) Tribal governments in those States with State or
federally recognized Indian tribes;
``(G) representatives from underserved populations,
including culturally specific populations;
``(H) victim service providers;
``(I) population specific organizations; and
``(J) other entities that the State or the Attorney General
identifies as needed for the planning process;'';
(ii) by redesignating paragraph (3) as paragraph (4);
(iii) by inserting after paragraph (2), as amended by
clause (i), the following:
``(3) grantees shall coordinate the State implementation
plan described in paragraph (2) with the State plans
described in section 307 of the Family Violence Prevention
and Services Act (42 U.S.C. 10407) and the programs described
in section 1404 of the Victims of Crime Act of 1984 (42
U.S.C. 10603) and section 393A of the Public Health Service
Act (42 U.S.C. 280b-1b).'';
(iv) in paragraph (4), as redesignated by clause (ii)--
(I) in subparagraph (A), by striking ``and not less than 25
percent shall be allocated for prosecutors'';
(II) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D);
(III) by inserting after subparagraph (A), the following:
``(B) not less than 25 percent shall be allocated for
prosecutors;''; and
(IV) in subparagraph (D) as redesignated by subclause (II)
by striking ``for'' and inserting ``to''; and
(v) by adding at the end the following:
``(5) not later than 2 years after the date of enactment of
this Act, and every year thereafter, not less than 20 percent
of the total amount granted to a State under this subchapter
shall be allocated for programs or projects in 2 or more
allocations listed in paragraph (4) that meaningfully address
sexual assault, including stranger rape, acquaintance rape,
alcohol or drug-facilitated rape, and rape within the context
of an intimate partner relationship.'';
(D) by striking subsection (d) and inserting the following:
``(d) Application Requirements.--An application for a grant
under this section shall include--
``(1) the certifications of qualification required under
subsection (c);
``(2) proof of compliance with the requirements for the
payment of forensic medical exams and judicial notification,
described in section 2010;
``(3) proof of compliance with the requirements for paying
fees and costs relating to domestic violence and protection
order cases, described in section 2011 of this title;
``(4) proof of compliance with the requirements prohibiting
polygraph examinations of victims of sexual assault,
described in section 2013 of this title;
``(5) an implementation plan required under subsection (i);
and
``(6) any other documentation that the Attorney General may
require.'';
(E) in subsection (e)--
(i) in paragraph (2)--
(I) in subparagraph (A), by striking ``domestic violence
and sexual assault'' and inserting ``domestic violence,
dating violence, sexual assault, and stalking''; and
(II) in subparagraph (D), by striking ``linguistically
and''; and
(ii) by adding at the end the following:
``(3) Conditions.--In disbursing grants under this part,
the Attorney General may impose reasonable conditions on
grant awards to ensure that the States meet statutory,
regulatory, and other program requirements.'';
(F) in subsection (f), by striking the period at the end
and inserting ``, except that, for purposes of this
subsection, the costs of the projects for victim services or
tribes for which there is an exemption under section
40002(b)(1) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(b)(1)) shall not count toward the total costs of
the projects.''; and
(G) by adding at the end the following:
``(i) Implementation Plans.--A State applying for a grant
under this part shall--
``(1) develop an implementation plan in consultation with
the entities listed in subsection (c)(2), that identifies how
the State will use the funds awarded under this part,
including how the State will meet the requirements of
subsection (c)(5); and
``(2) submit to the Attorney General--
``(A) the implementation plan developed under paragraph
(1);
``(B) documentation from each member of the planning
committee as to their participation in the planning process;
``(C) documentation from the prosecution, law enforcement,
court, and victim services programs to be assisted,
describing--
``(i) the need for the grant funds;
``(ii) the intended use of the grant funds;
``(iii) the expected result of the grant funds; and
``(iv) the demographic characteristics of the populations
to be served, including age, disability, race, ethnicity, and
language background;
``(D) a description of how the State will ensure that any
subgrantees will consult with victim service providers during
the course of developing their grant applications in order to
ensure that the proposed activities are designed to promote
the safety, confidentiality, and economic independence of
victims;
``(E) demographic data on the distribution of underserved
populations within the State and a description of how the
State will meet the needs of underserved populations,
including the minimum allocation for population specific
services required under subsection (c)(4)(C);
``(F) a description of how the State plans to meet the
regulations issued pursuant to subsection (e)(2);
``(G) goals and objectives for reducing domestic violence-
related homicides within the State; and
``(H) any other information requested by the Attorney
General.
``(j) Reallocation of Funds.--A State may use any returned
or remaining funds for any authorized purpose under this part
if--
``(1) funds from a subgrant awarded under this part are
returned to the State; or
``(2) the State does not receive sufficient eligible
applications to award the full funding within the allocations
in subsection (c)(4)'';
(4) in section 2010 (42 U.S.C. 3796gg-4)--
(A) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) In general.--A State, Indian tribal government, or
unit of local government shall not be entitled to funds under
this subchapter unless the State, Indian tribal government,
unit of local government, or another governmental entity--
``(A) incurs the full out-of-pocket cost of forensic
medical exams described in subsection (b) for victims of
sexual assault; and
``(B) coordinates with health care providers in the region
to notify victims of sexual assault of the availability of
rape exams at no cost to the victims.'';
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``or'' after the
semicolon;
(ii) in paragraph (2), by striking ``; or'' and inserting a
period; and
(iii) by striking paragraph (3); and
(C) by amending subsection (d) to read as follows:
``(d) Noncooperation.--
``(1) In general.--To be in compliance with this section, a
State, Indian tribal government, or unit of local government
shall comply with subsection (b) without regard to whether
the victim participates in the criminal justice system or
cooperates with law enforcement.
``(2) Compliance period.--States, territories, and Indian
tribal governments shall have 3 years from the date of
enactment of this Act to come into compliance with this
section.''; and
[[Page S621]]
(5) in section 2011(a)(1) (42 U.S.C. 3796gg-5(a)(1))--
(A) by inserting ``modification, enforcement, dismissal,
withdrawal'' after ``registration,'' each place it appears;
(B) by inserting ``, dating violence, sexual assault, or
stalking'' after ``felony domestic violence''; and
(C) by striking ``victim of domestic violence'' and all
that follows through ``sexual assault'' and inserting
``victim of domestic violence, dating violence, sexual
assault, or stalking''.
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,
courts, and court-based and court-related personnel'';
(vii) in paragraph (8), by striking ``and sexual assault''
and inserting ``dating violence, sexual assault, and
stalking'';
(viii) in paragraph (10), by striking ``non-profit, non-
governmental victim services organizations,'' and inserting
``victim service providers, staff from population specific
organizations,''; and
(ix) by adding at the end the following:
``(14) To develop and implement training programs for
prosecutors and other prosecution-related personnel regarding
best practices to ensure offender accountability, victim
safety, and victim consultation in cases involving domestic
violence, dating violence, sexual assault, and stalking.
``(15) To develop or strengthen policies, protocols, and
training for law enforcement, prosecutors, and the judiciary
in recognizing, investigating, and prosecuting instances of
domestic violence, dating violence, sexual assault, and
stalking against immigrant victims, including the appropriate
use of applications for nonimmigrant status under
subparagraphs (T) and (U) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).
``(16) To develop and promote State, local, or tribal
legislation and policies that enhance best practices for
responding to the crimes of domestic violence, dating
violence, sexual assault, and stalking, including the
appropriate treatment of victims.
``(17) To develop, implement, or enhance sexual assault
nurse examiner programs or sexual assault forensic examiner
programs, including the hiring and training of such
examiners.
``(18) To develop, implement, or enhance Sexual Assault
Response Teams or similar coordinated community responses to
sexual assault.
``(19) To develop and strengthen policies, protocols, and
training for law enforcement officers and prosecutors
regarding the investigation and prosecution of sexual assault
cases and the appropriate treatment of victims.
``(20) To provide human immunodeficiency virus testing
programs, counseling, and prophylaxis for victims of sexual
assault.
``(21) To identify and inventory backlogs of sexual assault
evidence collection kits and to develop protocols for
responding to and addressing such backlogs, including
policies and protocols for notifying and involving victims.
``(22) To develop multidisciplinary high-risk teams
focusing on reducing domestic violence and dating violence
homicides by--
``(A) using evidence-based indicators to assess the risk of
homicide and link high-risk victims to immediate crisis
intervention services;
``(B) identifying and managing high-risk offenders; and
``(C) providing ongoing victim advocacy and referrals to
comprehensive services including legal, housing, health care,
and economic assistance.'';
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by inserting
``except for a court,'' before ``certify''; and
(II) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), and adjusting the margin accordingly;
(ii) in paragraph (2), by inserting ``except for a court,''
before ``demonstrate'';
(iii) in paragraph (3)--
(I) by striking ``spouses'' each place it appears and
inserting ``parties''; and
(II) by striking ``spouse'' and inserting ``party'';
(iv) in paragraph (4)--
(I) by inserting ``, dating violence, sexual assault, or
stalking'' after ``felony domestic violence'';
(II) by inserting ``modification, enforcement, dismissal,''
after ``registration,'' each place it appears;
(III) by inserting ``dating violence,'' after ``victim of
domestic violence,''; and
(IV) by striking ``and'' at the end;
(v) in paragraph (5)--
(I) in the matter preceding subparagraph (A), by striking
``, not later than 3 years after January 5, 2006'';
(II) by inserting ``, trial of, or sentencing for'' after
``investigation of'' each place it appears;
(III) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), and adjusting the margin accordingly;
(IV) in clause (ii), as redesignated by subclause (III) of
this clause, by striking ``subparagraph (A)'' and inserting
``clause (i)''; and
(V) by striking the period at the end and inserting ``;
and'';
(vi) by redesignating paragraphs (1) through (5), as
amended by this subparagraph, as subparagraphs (A) through
(E), respectively;
(vii) in the matter preceding subparagraph (A), as
redesignated by clause (v) of this subparagraph--
(I) by striking the comma that immediately follows another
comma; and
(II) by striking ``grantees are States'' and inserting the
following: ``grantees are--
``(1) States''; and
(viii) by adding at the end the following:
``(2) a State, tribal, or territorial domestic violence or
sexual assault coalition or a victim service provider that
partners with a State, Indian tribal government, or unit of
local government that certifies that the State, Indian tribal
government, or unit of local government meets the
requirements under paragraph (1).'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by inserting
``, policy,'' after ``law''; and
(II) in subparagraph (A), by inserting ``and the defendant
is in custody or has been served with the information or
indictment'' before the semicolon; and
(ii) in paragraph (2), by striking ``it'' and inserting
``its''; and
(D) by adding at the end the following:
``(f) Allocation for Tribal Coalitions.--Of the amounts
appropriated for purposes of this part for each fiscal year,
not less than 5 percent shall be available for grants under
section 2001 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg).
``(g) Allocation for Sexual Assault.--Of the amounts
appropriated for purposes of this part for each fiscal year,
not less than 25 percent shall be available for projects that
address sexual assault, including stranger rape, acquaintance
rape, alcohol or drug-facilitated rape, and rape within the
context of an intimate partner relationship.''; and
(2) in section 2102(a) (42 U.S.C. 3796hh-1(a))--
(A) in paragraph (1), by inserting ``court,'' after
``tribal government,''; and
(B) in paragraph (4), by striking ``nonprofit, private
sexual assault and domestic violence programs'' and inserting
``victim service providers and, as appropriate, population
specific organizations''.
(b) Authorization of Appropriations.--Section 1001(a)(19)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(19)) is amended--
(1) by striking ``$75,000,000'' and all that follows
through ``2011.'' and inserting ``$73,000,000 for each of
fiscal years 2014 through 2018.''; and
(2) by striking the period that immediately follows another
period.
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 ``victims services
organizations'' and inserting ``victim service providers'';
and
(B) by striking paragraph (3) and inserting the following:
``(3) to implement, expand, and establish efforts and
projects to provide competent, supervised pro bono legal
assistance for victims of domestic violence, dating violence,
sexual assault, or stalking, except that not more than 10
percent of the funds awarded under this section may be used
for the purpose described in this paragraph.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``this section has
completed'' and all that follows and inserting the following:
``this section--''
``(A) has demonstrated expertise in providing legal
assistance to victims of domestic violence, dating violence,
sexual assault, or stalking in the targeted population; or
``(B)(i) is partnered with an entity or person that has
demonstrated expertise described in subparagraph (A); and
[[Page S622]]
``(ii) has completed, or will complete, training in
connection with domestic violence, dating violence, stalking,
or sexual assault and related legal issues, including
training on evidence-based risk factors for domestic and
dating violence homicide;''; and
(B) in paragraph (2), by striking ``stalking organization''
and inserting ``stalking victim service provider''; and
(5) in subsection (f) in paragraph (1), by striking ``this
section'' and all that follows and inserting the following:
``this section $57,000,000 for each of fiscal years 2014
through 2018.''.
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. 316), and inserting the following:
``SEC. 1301. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE
SYSTEM.
``(a) In General.--The Attorney General may make grants to
States, units of local government, courts (including juvenile
courts), Indian tribal governments, nonprofit organizations,
legal services providers, and victim services providers to
improve the response of all aspects of the civil and criminal
justice system to families with a history of domestic
violence, dating violence, sexual assault, or stalking, or in
cases involving allegations of child sexual abuse.
``(b) Use of Funds.--A grant under this section may be used
to--
``(1) provide supervised visitation and safe visitation
exchange of children and youth by and between parents in
situations involving domestic violence, dating violence,
child sexual abuse, sexual assault, or stalking;
``(2) develop and promote State, local, and tribal
legislation, policies, and best practices for improving civil
and criminal court functions, responses, practices, and
procedures in cases involving a history of domestic violence
or sexual assault, or in cases involving allegations of child
sexual abuse, including cases in which the victim proceeds
pro se;
``(3) educate court-based and court-related personnel and
court-appointed personnel (including custody evaluators and
guardians ad litem) and child protective services workers on
the dynamics of domestic violence, dating violence, sexual
assault, and stalking, including information on perpetrator
behavior, evidence-based risk factors for domestic and dating
violence homicide, and on issues relating to the needs of
victims, including safety, security, privacy, and
confidentiality, including cases in which the victim proceeds
pro se;
``(4) provide appropriate resources in juvenile court
matters to respond to dating violence, domestic violence,
sexual assault (including child sexual abuse), and stalking
and ensure necessary services dealing with the health and
mental health of victims are available;
``(5) enable courts or court-based or court-related
programs to develop or enhance--
``(A) court infrastructure (such as specialized courts,
consolidated courts, dockets, intake centers, or interpreter
services);
``(B) community-based initiatives within the court system
(such as court watch programs, victim assistants, pro se
victim assistance programs, or community-based supplementary
services);
``(C) offender management, monitoring, and accountability
programs;
``(D) safe and confidential information-storage and
information-sharing databases within and between court
systems;
``(E) education and outreach programs to improve community
access, including enhanced access for underserved
populations; and
``(F) other projects likely to improve court responses to
domestic violence, dating violence, sexual assault, and
stalking;
``(6) provide civil legal assistance and advocacy services,
including legal information and resources in cases in which
the victim proceeds pro se, to--
``(A) victims of domestic violence; and
``(B) nonoffending parents in matters--
``(i) that involve allegations of child sexual abuse;
``(ii) that relate to family matters, including civil
protection orders, custody, and divorce; and
``(iii) in which the other parent is represented by
counsel;
``(7) collect data and provide training and technical
assistance, including developing State, local, and tribal
model codes and policies, to improve the capacity of grantees
and communities to address the civil justice needs of victims
of domestic violence, dating violence, sexual assault, and
stalking who have legal representation, who are proceeding
pro se, or who are proceeding with the assistance of a legal
advocate; and
``(8) to improve training and education to assist judges,
judicial personnel, attorneys, child welfare personnel, and
legal advocates in the civil justice system.
``(c) Considerations.--
``(1) In general.--In making grants for purposes described
in paragraphs (1) through (7) of subsection (b), the Attorney
General shall consider--
``(A) the number of families to be served by the proposed
programs and services;
``(B) the extent to which the proposed programs and
services serve underserved populations;
``(C) the extent to which the applicant demonstrates
cooperation and collaboration with nonprofit, nongovernmental
entities in the local community with demonstrated histories
of effective work on domestic violence, dating violence,
sexual assault, or stalking, including State or tribal
domestic violence coalitions, State or tribal sexual assault
coalitions, local shelters, and programs for domestic
violence and sexual assault victims; and
``(D) the extent to which the applicant demonstrates
coordination and collaboration with State, tribal, and local
court systems, including mechanisms for communication and
referral.
``(2) Other grants.--In making grants under subsection
(b)(8) the Attorney General shall take into account the
extent to which the grantee has expertise addressing the
judicial system's handling of family violence, child custody,
child abuse and neglect, adoption, foster care, supervised
visitation, divorce, and parentage.
``(d) Applicant Requirements.--The Attorney General may
make a grant under this section to an applicant that--
``(1) demonstrates expertise in the areas of domestic
violence, dating violence, sexual assault, stalking, or child
sexual abuse, as appropriate;
``(2) ensures that any fees charged to individuals for use
of supervised visitation programs and services are based on
the income of those individuals, unless otherwise provided by
court order;
``(3) for a court-based program, certifies that victims of
domestic violence, dating violence, sexual assault, or
stalking are not charged fees or any other costs related to
the filing, petitioning, modifying, issuance, registration,
enforcement, withdrawal, or dismissal of matters relating to
the domestic violence, dating violence, sexual assault, or
stalking;
``(4) demonstrates that adequate security measures,
including adequate facilities, procedures, and personnel
capable of preventing violence, and adequate standards are,
or will be, in place (including the development of protocols
or policies to ensure that confidential information is not
shared with courts, law enforcement agencies, or child
welfare agencies unless necessary to ensure the safety of any
child or adult using the services of a program funded under
this section), if the applicant proposes to operate
supervised visitation programs and services or safe
visitation exchange;
``(5) certifies that the organizational policies of the
applicant do not require mediation or counseling involving
offenders and victims being physically present in the same
place, in cases where domestic violence, dating violence,
sexual assault, or stalking is alleged;
``(6) certifies that any person providing legal assistance
through a program funded under this section has completed or
will complete training on domestic violence, dating violence,
sexual assault, and stalking, including child sexual abuse,
and related legal issues; and
``(7) certifies that any person providing custody
evaluation or guardian ad litem services through a program
funded under this section has completed or will complete
training developed with input from and in collaboration with
a tribal, State, territorial, or local domestic violence,
dating violence, sexual assault, or stalking victim service
provider or coalition on the dynamics of domestic violence
and sexual assault, including child sexual abuse, that
includes training on how to review evidence of past abuse and
the use of evidenced-based theories to make recommendations
on custody and visitation.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $22,000,000 for
each of fiscal years 2014 through 2018. Amounts appropriated
pursuant to this subsection shall remain available until
expended.
``(f) Allotment for Indian Tribes.--
``(1) In general.--Not less than 10 percent of the total
amount available under this section for each fiscal year
shall be available for grants under the program authorized by
section 3796gg-10 of this title.
``(2) Applicability of part.--The requirements of this
section shall not apply to funds allocated for the program
described in paragraph (1).''.
(b) Technical and Conforming Amendment.--Subtitle J of the
Violence Against Women Act of 1994 (42 U.S.C. 14043 et seq.)
is repealed.
SEC. 105. SEX OFFENDER MANAGEMENT.
Section 40152(c) of the Violence Against Women Act of 1994
(42 U.S.C. 13941) is amended by striking ``$5,000,000'' and
all that follows and inserting ``$5,000,000 for each of
fiscal years 2014 through 2018.''.
SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Subtitle B of title II of the Crime Control Act of 1990 (42
U.S.C. 13011 et seq.) is amended--
(1) in section 216 (42 U.S.C. 13012), by striking ``January
1, 2010'' and inserting ``January 1, 2015'';
(2) in section 217 (42 U.S.C. 13013)--
(A) by striking ``Code of Ethics'' in section (c)(2) and
inserting ``Standards for Programs''; and
(B) by adding at the end the following:
``(e) Reporting.--An organization that receives a grant
under this section for a fiscal
[[Page S623]]
year shall submit to the Administrator a report regarding the
use of the grant for the fiscal year, including a discussion
of outcome performance measures (which shall be established
by the Administrator) to determine the effectiveness of the
programs of the organization in meeting the needs of children
in the child welfare system.''; and
(3) in section 219(a) (42 U.S.C. 13014(a)), by striking
``fiscal years 2007 through 2011'' and inserting ``fiscal
years 2014 through 2018''.
SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, INCLUDING
CYBERSTALKING.
(a) Interstate Domestic Violence.--Section 2261(a)(1) of
title 18, United States Code, is amended--
(1) by inserting ``is present'' after ``Indian Country
or''; and
(2) by inserting ``or presence'' after ``as a result of
such travel'';
(b) Stalking.--Section 2261A of title 18, United States
Code, is amended to read as follows:
``Sec. 2261A. Stalking
``Whoever--
``(1) travels in interstate or foreign commerce or is
present within the special maritime and territorial
jurisdiction of the United States, or enters or leaves Indian
country, with the intent to kill, injure, harass, intimidate,
or place under surveillance with intent to kill, injure,
harass, or intimidate another person, and in the course of,
or as a result of, such travel or presence engages in conduct
that--
``(A) places that person in reasonable fear of the death
of, or serious bodily injury to--
``(i) that person;
``(ii) an immediate family member (as defined in section
115) of that person; or
``(iii) a spouse or intimate partner of that person; or
``(B) causes, attempts to cause, or would be reasonably
expected to cause substantial emotional distress to a person
described in clause (i), (ii), or (iii) of subparagraph (A);
or
``(2) with the intent to kill, injure, harass, intimidate,
or place under surveillance with intent to kill, injure,
harass, or intimidate another person, uses the mail, any
interactive computer service or electronic communication
service or electronic communication system of interstate
commerce, or any other facility of interstate or foreign
commerce to engage in a course of conduct that--
``(A) places that person in reasonable fear of the death of
or serious bodily injury to a person described in clause (i),
(ii), or (iii) of paragraph (1)(A); or
``(B) causes, attempts to cause, or would be reasonably
expected to cause substantial emotional distress to a person
described in clause (i), (ii), or (iii) of paragraph (1)(A),
shall be punished as provided in section 2261(b) of this
title.''.
(c) Interstate Violation of Protection Order.--Section
2262(a)(2) of title 18, United States Code, is amended by
inserting ``is present'' after ``Indian Country or''.
SEC. 108. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS
GRANT.
Section 120 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045) is
amended to read as follows:
``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 covered by paragraph
(1) are the programs carried out under the following
provisions:
``(A) Section 2001 of the Omnibus Crime Control and Safe
Streets Act of 1968 (Grants to Combat Violent Crimes Against
Women).
``(B) Section 2101 of the Omnibus Crime Control and Safe
Streets Act of 1968 (Grants to Encourage Arrest Policies and
Enforcement of Protection Orders Program).
``(b) Eligible Entities.--Eligible entities under this
section are--
``(1) population specific organizations that have
demonstrated experience and expertise in providing population
specific services in the relevant underserved communities, or
population specific organizations working in partnership with
a victim service provider or domestic violence or sexual
assault coalition;
``(2) victim service providers offering population specific
services for a specific underserved population; or
``(3) victim service providers working in partnership with
a national, State, tribal, or local organization that has
demonstrated experience and expertise in providing population
specific services in the relevant underserved population.
``(c) Planning Grants.--The Attorney General may use up to
25 percent of funds available under this section to make one-
time planning grants to eligible entities to support the
planning and development of specially designed and targeted
programs for adult and youth victims in one or more
underserved populations, including--
``(1) identifying, building and strengthening partnerships
with potential collaborators within underserved populations,
Federal, State, tribal, territorial or local government
entities, and public and private organizations;
``(2) conducting a needs assessment of the community and
the targeted underserved population or populations to
determine what the barriers are to service access and what
factors contribute to those barriers, using input from the
targeted underserved population or populations;
``(3) identifying promising prevention, outreach and
intervention strategies for victims from a targeted
underserved population or populations; and
``(4) developing a plan, with the input of the targeted
underserved population or populations, for implementing
prevention, outreach and intervention strategies to address
the barriers to accessing services, promoting community
engagement in the prevention of domestic violence, dating
violence, sexual assault, and stalking within the targeted
underserved populations, and evaluating the program.
``(d) Implementation Grants.--The Attorney General shall
make grants to eligible entities for the purpose of providing
or enhancing population specific outreach and services to
adult and youth victims in one or more underserved
populations, including--
``(1) working with Federal, State, tribal, territorial and
local governments, agencies, and organizations to develop or
enhance population specific services;
``(2) strengthening the capacity of underserved populations
to provide population specific services;
``(3) strengthening the capacity of traditional victim
service providers to provide population specific services;
``(4) strengthening the effectiveness of criminal and civil
justice interventions by providing training for law
enforcement, prosecutors, judges and other court personnel on
domestic violence, dating violence, sexual assault, or
stalking in underserved populations; or
``(5) working in cooperation with an underserved population
to develop and implement outreach, education, prevention, and
intervention strategies that highlight available resources
and the specific issues faced by victims of domestic
violence, dating violence, sexual assault, or stalking from
underserved populations.
``(e) Application.--An eligible entity desiring a grant
under this section shall submit an application to the
Director of the Office on Violence Against Women at such
time, in such form, and in such manner as the Director may
prescribe.
``(f) Reports.--Each eligible entity receiving a grant
under this section shall submit to the Director of the Office
on Violence Against Women a report that describes the
activities carried out with grant funds.
``(g) Authorization of Appropriations.--In addition to the
funds identified in subsection (a)(1), there are authorized
to be appropriated to carry out this section $2,000,000 for
each of fiscal years 2014 through 2018.
``(h) Definitions and Grant Conditions.--In this section
the definitions and grant conditions in section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925) shall
apply.''.
SEC. 109. CULTURALLY SPECIFIC SERVICES GRANT.
Section 121 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045a) is
amended--
(1) in the section heading, by striking ``AND
LINGUISTICALLY'';
(2) by striking ``and linguistically'' each place it
appears;
(3) by striking ``and linguistic'' each place it appears;
(4) by striking subsection (a)(2) and inserting:
``(2) Programs covered.--The programs covered by paragraph
(1) are the programs carried out under the following
provisions:
``(A) Section 2101 of the Omnibus Crime Control and Safe
Streets Act of 1968 (Grants to Encourage Arrest Policies and
Enforcement of Protection Orders).
``(B) Section 14201 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (42 U.S.C.
3796gg-6) (Legal Assistance for Victims).
``(C) Section 40295 of the Violence Against Women Act of
1994 (42 U.S.C. 13971) (Rural Domestic Violence, Dating
Violence, Sexual Assault, Stalking, and Child Abuse
Enforcement Assistance).
``(D) Section 40802 of the Violence Against Women Act of
1994 (42 U.S.C. 14041a) (Enhanced Training and Services to
End Violence Against Women Later in Life).
``(E) Section 1402 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (42 U.S.C.
3796gg-7) (Education, Training, and Enhanced Services to End
Violence Against and Abuse of Women with Disabilities).'';
and
(5) in subsection (g), by striking ``linguistic and''.
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
[[Page S624]]
Women Act of 1994 (42 U.S.C. 14043g(b)) is amended--
(1) in paragraph (1), by striking ``other programs'' and
all that follows and inserting ``other nongovernmental or
tribal programs and projects to assist individuals who have
been victimized by sexual assault, without regard to the age
of the individual.'';
(2) in paragraph (2)--
(A) in subparagraph (B), by inserting ``or tribal programs
and activities'' after ``nongovernmental organizations''; and
(B) in subparagraph (C)(v), by striking ``linguistically
and''; and
(3) in paragraph (4)--
(A) by inserting ``(including the District of Columbia and
Puerto Rico)'' after ``The Attorney General shall allocate to
each State'';
(B) by striking ``the District of Columbia, Puerto Rico,''
after ``Guam'';
(C) by striking ``0.125 percent'' and inserting ``0.25
percent''; and
(D) by striking ``The District of Columbia shall be treated
as a territory for purposes of calculating its allocation
under the preceding formula.''.
(b) Authorization of Appropriations.--Section 41601(f)(1)
of the Violence Against Women Act of 1994 (42 U.S.C.
14043g(f)(1)) is amended by striking ``$50,000,000 to remain
available until expended for each of the fiscal years 2007
through 2011'' and inserting ``$40,000,000 to remain
available until expended for each of fiscal years 2014
through 2018''.
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 and population specific
services''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) developing, enlarging, or strengthening programs
addressing sexual assault, including sexual assault forensic
examiner programs, Sexual Assault Response Teams, law
enforcement training, and programs addressing rape kit
backlogs.
``(5) developing programs and strategies that focus on the
specific needs of victims of domestic violence, dating
violence, sexual assault, and stalking who reside in remote
rural and geographically isolated areas, including addressing
the challenges posed by the lack of access to shelters and
victims services, and limited law enforcement resources and
training, and providing training and resources to Community
Health Aides involved in the delivery of Indian Health
Service programs.''; and
(3) in subsection (e)(1), by striking ``$55,000,000 for
each of the fiscal years 2007 through 2011'' and inserting
``$50,000,000 for each of fiscal years 2014 through 2018''.
SEC. 203. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN
WITH DISABILITIES GRANTS.
Section 1402 of division B of the Victims of Trafficking
and Violence Protection Act of 2000 (42 U.S.C. 3796gg-7) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``(including using
evidence-based indicators to assess the risk of domestic and
dating violence homicide)'' after ``risk reduction'';
(B) in paragraph (4), by striking ``victim service
organizations'' and inserting ``victim service providers'';
and
(C) in paragraph (5), by striking ``victim services
organizations'' and inserting ``victim service providers'';
(2) in subsection (c)(1)(D), by striking ``nonprofit and
nongovernmental victim services organization, such as a
State'' and inserting ``victim service provider, such as a
State or tribal''; and
(3) in subsection (e), by striking ``$10,000,000 for each
of the fiscal years 2007 through 2011'' and inserting
``$9,000,000 for each of fiscal years 2014 through 2018''.
SEC. 204. ENHANCED TRAINING AND SERVICES TO END ABUSE IN
LATER LIFE.
(a) In General.--Subtitle H of the Violence Against Women
Act of 1994 (42 U.S.C. 14041 et seq.) is amended to read as
follows:
``Subtitle H--Enhanced Training and Services To End Abuse Later in Life
``SEC. 40801. ENHANCED TRAINING AND SERVICES TO END ABUSE IN
LATER LIFE.
``(a) Definitions.--In this section--
``(1) the term `exploitation' has the meaning given the
term in section 2011 of the Social Security Act (42 U.S.C.
1397j);
``(2) the term `later life', relating to an individual,
means the individual is 50 years of age or older; and
``(3) the term `neglect' means the failure of a caregiver
or fiduciary to provide the goods or services that are
necessary to maintain the health or safety of an individual
in later life.
``(b) Grant Program.--
``(1) Grants authorized.--The Attorney General may make
grants to eligible entities to carry out the activities
described in paragraph (2).
``(2) Mandatory and permissible activities.--
``(A) Mandatory activities.--An eligible entity receiving a
grant under this section shall use the funds received under
the grant to--
``(i) provide training programs to assist law enforcement
agencies, prosecutors, agencies of States or units of local
government, population specific organizations, victim service
providers, victim advocates, and relevant officers in
Federal, tribal, State, territorial, and local courts in
recognizing and addressing instances of elder abuse;
``(ii) provide or enhance services for victims of abuse in
later life, including domestic violence, dating violence,
sexual assault, stalking, exploitation, and neglect;
``(iii) establish or support multidisciplinary
collaborative community responses to victims of abuse in
later life, including domestic violence, dating violence,
sexual assault, stalking, exploitation, and neglect; and
``(iv) conduct cross-training for law enforcement agencies,
prosecutors, agencies of States or units of local government,
attorneys, health care providers, population specific
organizations, faith-based advocates, victim service
providers, and courts to better serve victims of abuse in
later life, including domestic violence, dating violence,
sexual assault, stalking, exploitation, and neglect.
``(B) Permissible activities.--An eligible entity receiving
a grant under this section may use the funds received under
the grant to--
``(i) provide training programs to assist attorneys, health
care providers, faith-based leaders, or other community-based
organizations in recognizing and addressing instances of
abuse in later life, including domestic violence, dating
violence, sexual assault, stalking, exploitation, and
neglect; or
``(ii) conduct outreach activities and awareness campaigns
to ensure that victims of abuse in later life, including
domestic violence, dating violence, sexual assault, stalking,
exploitation, and neglect receive appropriate assistance.
``(C) Waiver.--The Attorney General may waive 1 or more of
the activities described in subparagraph (A) upon making a
determination that the activity would duplicate services
available in the community.
``(D) Limitation.--An eligible entity receiving a grant
under this section may use not more than 10 percent of the
total funds received under the grant for an activity
described in subparagraph (B)(ii).
``(3) Eligible entities.--An entity shall be eligible to
receive a grant under this section if--
``(A) the entity is--
``(i) a State;
``(ii) a unit of local government;
``(iii) a tribal government or tribal organization;
``(iv) a population specific organization with demonstrated
experience in assisting individuals over 50 years of age;
``(v) a victim service provider with demonstrated
experience in addressing domestic violence, dating violence,
sexual assault, and stalking; or
``(vi) a State, tribal, or territorial domestic violence or
sexual assault coalition; and
``(B) the entity demonstrates that it is part of a
multidisciplinary partnership that includes, at a minimum--
``(i) a law enforcement agency;
``(ii) a prosecutor's office;
``(iii) a victim service provider; and
``(iv) a nonprofit program or government agency with
demonstrated experience in assisting individuals in later
life;
``(4) Underserved populations.--In making grants under this
section, the Attorney General shall give priority to
proposals providing services to culturally specific and
underserved populations.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $9,000,000 for
each of fiscal years 2014 through 2018.''.
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''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``$80,000,000 for each of
fiscal years 2007 through 2011'' and inserting ``$50,000,000
for each of fiscal years 2014 through 2018''; and
(B) by adding at the end the following:
``(3) Baseline funding for states, the district of
columbia, and puerto rico.--A minimum allocation of $150,000
shall be awarded in each fiscal year for each of the States,
the District of Columbia, and Puerto Rico. A minimum
allocation of $35,000 shall be awarded in each fiscal year
for each Territory. Any unused or remaining funds shall be
[[Page S625]]
allotted to each State, the District of Columbia, and Puerto
Rico on the basis of population.''.
SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES,
AND EDUCATION FOR CHILDREN AND YOUTH.
Subtitle L of the Violence Against Women Act of 1994 is
amended by striking sections 41201 through 41204 (42 U.S.C.
14043c through 14043c-3) and inserting the following:
``SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS,
SERVICES, AND EDUCATION FOR CHILDREN AND YOUTH
(`CHOOSE CHILDREN & YOUTH').
``(a) Grants Authorized.--The Attorney General, working in
collaboration with the Secretary of Health and Human Services
and the Secretary of Education, shall award grants to enhance
the safety of youth and children who are victims of, or
exposed to, domestic violence, dating violence, sexual
assault, stalking, or sex trafficking and prevent future
violence.
``(b) Program Purposes.--Funds provided under this section
may be used for the following program purpose areas:
``(1) Services to advocate for and respond to youth.--To
develop, expand, and strengthen victim-centered interventions
and services that target youth who are victims of domestic
violence, dating violence, sexual assault, stalking, and sex
trafficking. Services may include victim services,
counseling, advocacy, mentoring, educational support,
transportation, legal assistance in civil, criminal and
administrative matters, such as family law cases, housing
cases, child welfare proceedings, campus administrative
proceedings, and civil protection order proceedings,
population-specific services, and other activities that
support youth in finding safety, stability, and justice and
in addressing the emotional, cognitive, and physical effects
of trauma. Funds may be used to--
``(A) assess and analyze currently available services for
youth victims of domestic violence, dating violence, sexual
assault, stalking, and sex trafficking, determining relevant
barriers to such services in a particular locality, and
developing a community protocol to address such problems
collaboratively;
``(B) develop and implement policies, practices, and
procedures to effectively respond to domestic violence,
dating violence, sexual assault, stalking, or sex trafficking
against youth; or
``(C) provide technical assistance and training to enhance
the ability of school personnel, victim service providers,
child protective service workers, staff of law enforcement
agencies, prosecutors, court personnel, individuals who work
in after school programs, medical personnel, social workers,
mental health personnel, and workers in other programs that
serve children and youth to improve their ability to
appropriately respond to the needs of children and youth who
are victims of domestic violence, dating violence, sexual
assault, stalking, and sex trafficking, and to properly refer
such children, youth, and their families to appropriate
services.
``(2) Supporting youth through education and protection.--
To enable middle schools, high schools, and institutions of
higher education to--
``(A) provide training to school personnel, including
healthcare providers and security personnel, on the needs of
students who are victims of domestic violence, dating
violence, sexual assault, stalking, or sex trafficking;
``(B) develop and implement prevention and intervention
policies in middle and high schools, including appropriate
responses to, and identification and referral procedures for,
students who are experiencing or perpetrating domestic
violence, dating violence, sexual assault, stalking, or sex
trafficking, and procedures for handling the requirements of
court protective orders issued to or against students;
``(C) provide support services for student victims of
domestic violence, dating violence, sexual assault, stalking,
or sex trafficking, such as a resource person who is either
on-site or on-call;
``(D) implement developmentally appropriate educational
programming for students regarding domestic violence, dating
violence, sexual assault, stalking, and sex trafficking and
the impact of such violence on youth; or
``(E) develop strategies to increase identification,
support, referrals, and prevention programming for youth who
are at high risk of domestic violence, dating violence,
sexual assault, stalking, or sex trafficking.
``(c) Eligible Applicants.--
``(1) In general.--To be eligible to receive a grant under
this section, an entity shall be--
``(A) a victim service provider, tribal nonprofit, or
population-specific or community-based organization with a
demonstrated history of effective work addressing the needs
of youth who are, including runaway or homeless youth
affected by, victims of domestic violence, dating violence,
sexual assault, stalking, or sex trafficking;
``(B) a victim service provider that is partnered with an
entity that has a demonstrated history of effective work
addressing the needs of youth; or
``(C) a public, charter, tribal, or nationally accredited
private middle or high school, a school administered by the
Department of Defense under section 2164 of title 10, United
States Code or section 1402 of the Defense Dependents'
Education Act of 1978, a group of schools, a school district,
or an institution of higher education.
``(2) Partnerships.--
``(A) Education.--To be eligible to receive a grant for the
purposes described in subsection (b)(2), an entity described
in paragraph (1) shall be partnered with a public, charter,
tribal, or nationally accredited private middle or high
school, a school administered by the Department of Defense
under section 2164 of title 10, United States Code or section
1402 of the Defense Dependents' Education Act of 1978, a
group of schools, a school district, or an institution of
higher education.
``(B) Other partnerships.--All applicants under this
section are encouraged to work in partnership with
organizations and agencies that work with the relevant
population. Such entities may include--
``(i) a State, tribe, unit of local government, or
territory;
``(ii) a population specific or community-based
organization;
``(iii) batterer intervention programs or sex offender
treatment programs with specialized knowledge and experience
working with youth offenders; or
``(iv) any other agencies or nonprofit, nongovernmental
organizations with the capacity to provide effective
assistance to the adult, youth, and child victims served by
the partnership.
``(d) Grantee Requirements.--Applicants for grants under
this section shall establish and implement policies,
practices, and procedures that--
``(1) require and include appropriate referral systems for
child and youth victims;
``(2) protect the confidentiality and privacy of child and
youth victim information, particularly in the context of
parental or third party involvement and consent, mandatory
reporting duties, and working with other service providers
all with priority on victim safety and autonomy; and
``(3) ensure that all individuals providing intervention or
prevention programming to children or youth through a program
funded under this section have completed, or will complete,
sufficient training in connection with domestic violence,
dating violence, sexual assault, stalking, and sex
trafficking.
``(e) Definitions and Grant Conditions.--In this section,
the definitions and grant conditions provided for in section
40002 shall apply.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $15,000,000 for
each of fiscal years 2014 through 2018.
``(g) Allotment.--
``(1) In general.--Not less than 50 percent of the total
amount appropriated under this section for each fiscal year
shall be used for the purposes described in subsection
(b)(1).
``(2) Indian tribes.--Not less than 10 percent of the total
amount appropriated under this section for each fiscal year
shall be made available for grants under the program
authorized by section 2015 of the Omnibus Crime Control and
Safe Streets Act of 1968. The requirements of this section
shall not apply to funds allocated under this paragraph.
``(h) Priority.--The Attorney General shall prioritize
grant applications under this section that coordinate with
prevention programs in the community.''.
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 ``stalking on campuses, and'' and inserting
``stalking on campuses,'';
(ii) by striking ``crimes against women on'' and inserting
``crimes on''; and
(iii) by inserting ``, and to develop and strengthen
prevention education and awareness programs'' before the
period; and
(B) in paragraph (2), by striking ``$500,000'' and
inserting ``$300,000'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by inserting ``, strengthen,'' after ``To develop'';
and
(ii) by inserting ``including the use of technology to
commit these crimes,'' after ``sexual assault and
stalking,'';
(B) in paragraph (4)--
(i) by inserting ``and population specific services'' after
``strengthen victim services programs'';
(ii) by striking ``entities carrying out'' and all that
follows through ``stalking victim services programs'' and
inserting ``victim service providers''; and
(iii) by inserting ``, regardless of whether the services
are provided by the institution or in coordination with
community victim service providers'' before the period at the
end; and
(C) by adding at the end the following:
``(9) To develop or adapt and provide developmental,
culturally appropriate, and linguistically accessible print
or electronic materials to address both prevention and
intervention in domestic violence, dating violence, sexual
violence, and stalking.
``(10) To develop or adapt population specific strategies
and projects for victims of domestic violence, dating
violence, sexual assault, and stalking from underserved
populations on campus.'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``any non-profit'' and
all that follows through
[[Page S626]]
``victim services programs'' and inserting ``victim service
providers'';
(ii) by redesignating subparagraphs (D) through (F) as
subparagraphs (E) through (G), respectively; and
(iii) by inserting after subparagraph (C), the following:
``(D) describe how underserved populations in the campus
community will be adequately served, including the provision
of relevant population specific services;''; and
(B) in paragraph (3), by striking ``2007 through 2011'' and
inserting ``2014 through 2018'';
(4) in subsection (d)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2), the following:
``(3) Grantee minimum requirements.--Each grantee shall
comply with the following minimum requirements during the
grant period:
``(A) The grantee shall create a coordinated community
response including both organizations external to the
institution and relevant divisions of the institution.
``(B) The grantee shall establish a mandatory prevention
and education program on domestic violence, dating violence,
sexual assault, and stalking for all incoming students.
``(C) The grantee shall train all campus law enforcement to
respond effectively to domestic violence, dating violence,
sexual assault, and stalking.
``(D) The grantee shall train all members of campus
disciplinary boards to respond effectively to situations
involving domestic violence, dating violence, sexual assault,
or stalking.''; and
(5) in subsection (e), by striking ``there are'' and all
that follows through the period and inserting ``there is
authorized to be appropriated $12,000,000 for each of fiscal
years 2014 through 2018.''.
SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING
VIOLENCE, AND STALKING EDUCATION AND
PREVENTION.
(a) In General.--Section 485(f) of the Higher Education Act
of 1965 (20 U.S.C. 1092(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C)(iii), by striking the period at the
end and inserting ``, when the victim of such crime elects or
is unable to make such a report.''; and
(B) in subparagraph (F)--
(i) in clause (i)(VIII), by striking ``and'' after the
semicolon;
(ii) in clause (ii)--
(I) by striking ``sexual orientation'' and inserting ``
national origin, sexual orientation, gender identity,''; and
(II) by striking the period and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) of domestic violence, dating violence, and stalking
incidents that were reported to campus security authorities
or local police agencies.'';
(2) in paragraph (3), by inserting ``, that withholds the
names of victims as confidential,'' after ``that is timely'';
(3) in paragraph (6)(A)--
(A) by redesignating clauses (i), (ii), and (iii) as
clauses (ii), (iii), and (iv), respectively;
(B) by inserting before clause (ii), as redesignated by
subparagraph (A), the following:
``(i) The terms `dating violence', `domestic violence', and
`stalking' have the meaning given such terms in section
40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)).''; and
(C) by inserting after clause (iv), as redesignated by
subparagraph (A), the following:
``(v) The term `sexual assault' means an offense classified
as a forcible or nonforcible sex offense under the uniform
crime reporting system of the Federal Bureau of
Investigation.'';
(4) in paragraph (7)--
(A) by striking ``paragraph (1)(F)'' and inserting
``clauses (i) and (ii) of paragraph (1)(F)''; and
(B) by inserting after ``Hate Crime Statistics Act.'' the
following: ``For the offenses of domestic violence, dating
violence, and stalking, such statistics shall be compiled in
accordance with the definitions used in section 40002(a) of
the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)).'';
(5) by striking paragraph (8) and inserting the following:
``(8)(A) Each institution of higher education participating
in any program under this title and title IV of the Economic
Opportunity Act of 1964, other than a foreign institution of
higher education, shall develop and distribute as part of the
report described in paragraph (1) a statement of policy
regarding--
``(i) such institution's programs to prevent domestic
violence, dating violence, sexual assault, and stalking; and
``(ii) the procedures that such institution will follow
once an incident of domestic violence, dating violence,
sexual assault, or stalking has been reported, including a
statement of the standard of evidence that will be used
during any institutional conduct proceeding arising from such
a report.
``(B) The policy described in subparagraph (A) shall
address the following areas:
``(i) Education programs to promote the awareness of rape,
acquaintance rape, domestic violence, dating violence, sexual
assault, and stalking, which shall include--
``(I) primary prevention and awareness programs for all
incoming students and new employees, which shall include--
``(aa) a statement that the institution of higher education
prohibits the offenses of domestic violence, dating violence,
sexual assault, and stalking;
``(bb) the definition of domestic violence, dating
violence, sexual assault, and stalking in the applicable
jurisdiction;
``(cc) the definition of consent, in reference to sexual
activity, in the applicable jurisdiction;
``(dd) safe and positive options for bystander intervention
that may be carried out by an individual to prevent harm or
intervene when there is a risk of domestic violence, dating
violence, sexual assault, or stalking against a person other
than such individual;
``(ee) information on risk reduction to recognize warning
signs of abusive behavior and how to avoid potential attacks;
and
``(ff) the information described in clauses (ii) through
(vii); and
``(II) ongoing prevention and awareness campaigns for
students and faculty, including information described in
items (aa) through (ff) of subclause (I).
``(ii) Possible sanctions or protective measures that such
institution may impose following a final determination of an
institutional disciplinary procedure regarding rape,
acquaintance rape, domestic violence, dating violence, sexual
assault, or stalking.
``(iii) Procedures victims should follow if a sex offense,
domestic violence, dating violence, sexual assault, or
stalking has occurred, including information in writing
about--
``(I) the importance of preserving evidence as may be
necessary to the proof of criminal domestic violence, dating
violence, sexual assault, or stalking, or in obtaining a
protection order;
``(II) to whom the alleged offense should be reported;
``(III) options regarding law enforcement and campus
authorities, including notification of the victim's option
to--
``(aa) notify proper law enforcement authorities, including
on-campus and local police;
``(bb) be assisted by campus authorities in notifying law
enforcement authorities if the victim so chooses; and
``(cc) decline to notify such authorities; and
``(IV) where applicable, the rights of victims and the
institution's responsibilities regarding orders of
protection, no contact orders, restraining orders, or similar
lawful orders issued by a criminal, civil, or tribal court.
``(iv) Procedures for institutional disciplinary action in
cases of alleged domestic violence, dating violence, sexual
assault, or stalking, which shall include a clear statement
that--
``(I) such proceedings shall--
``(aa) provide a prompt, fair, and impartial investigation
and resolution; and
``(bb) be conducted by officials who receive annual
training on the issues related to domestic violence, dating
violence, sexual assault, and stalking and how to conduct an
investigation and hearing process that protects the safety of
victims and promotes accountability;
``(II) the accuser and the accused are entitled to the same
opportunities to have others present during an institutional
disciplinary proceeding, including the opportunity to be
accompanied to any related meeting or proceeding by an
advisor of their choice; and
``(III) both the accuser and the accused shall be
simultaneously informed, in writing, of--
``(aa) the outcome of any institutional disciplinary
proceeding that arises from an allegation of domestic
violence, dating violence, sexual assault, or stalking;
``(bb) the institution's procedures for the accused and the
victim to appeal the results of the institutional
disciplinary proceeding;
``(cc) of any change to the results that occurs prior to
the time that such results become final; and
``(dd) when such results become final.
``(v) Information about how the institution will protect
the confidentiality of victims, including how publicly-
available recordkeeping will be accomplished without the
inclusion of identifying information about the victim, to the
extent permissible by law.
``(vi) Written notification of students and employees about
existing counseling, health, mental health, victim advocacy,
legal assistance, and other services available for victims
both on-campus and in the community.
``(vii) Written notification of victims about options for,
and available assistance in, changing academic, living,
transportation, and working situations, if so requested by
the victim and if such accommodations are reasonably
available, regardless of whether the victim chooses to report
the crime to campus police or local law enforcement.
``(C) A student or employee who reports to an institution
of higher education that the student or employee has been a
victim of domestic violence, dating violence, sexual assault,
or stalking, whether the offense occurred on or off campus,
shall be provided with a written explanation of the student
or employee's rights and options, as described in clauses
(ii) through (vii) of subparagraph (B).'';
(6) in paragraph (9), by striking ``The Secretary'' and
inserting ``The Secretary, in consultation with the Attorney
General of the United States,'';
[[Page S627]]
(7) by striking paragraph (16) and inserting the following:
``(16)(A) The Secretary shall seek the advice and counsel
of the Attorney General of the United States concerning the
development, and dissemination to institutions of higher
education, of best practices information about campus safety
and emergencies.
``(B) The Secretary shall seek the advice and counsel of
the Attorney General of the United States and the Secretary
of Health and Human Services concerning the development, and
dissemination to institutions of higher education, of best
practices information about preventing and responding to
incidents of domestic violence, dating violence, sexual
assault, and stalking, including elements of institutional
policies that have proven successful based on evidence-based
outcome measurements.''; and
(8) by striking paragraph (17) and inserting the following:
``(17) No officer, employee, or agent of an institution
participating in any program under this title shall
retaliate, intimidate, threaten, coerce, or otherwise
discriminate against any individual for exercising their
rights or responsibilities under any provision of this
subsection.''.
(b) Effective Date.--The amendments made by this section
shall take effect with respect to the annual security report
under section 485(f)(1) of the Higher Education Act of 1965
(20 U.S.C. 1092(f)(1)) prepared by an institution of higher
education 1 calendar year after the date of enactment of this
Act, and each subsequent calendar year.
TITLE IV--VIOLENCE REDUCTION PRACTICES
SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL
AND PREVENTION.
Section 402(c) of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (42 U.S.C. 280b-4(c))
is amended by striking ``$2,000,000 for each of the fiscal
years 2007 through 2011'' and inserting ``$1,000,000 for each
of the fiscal years 2014 through 2018''.
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) age and developmentally-appropriate education on
domestic violence, dating violence, sexual assault, stalking,
and sexual coercion, as well as healthy relationship skills,
in school, in the community, or in health care settings;
``(B) community-based collaboration and training for those
with influence on youth, such as parents, teachers, coaches,
healthcare providers, faith-leaders, older teens, and
mentors;
``(C) education and outreach to change environmental
factors contributing to domestic violence, dating violence,
sexual assault, and stalking; and
``(D) policy development targeted to prevention, including
school-based policies and protocols.
``(2) Children exposed to violence and abuse.--To develop,
maintain or enhance programs designed to prevent future
incidents of domestic violence, dating violence, sexual
assault, and stalking by preventing, reducing and responding
to children's exposure to violence in the home. Such programs
may include--
``(A) providing services for children exposed to domestic
violence, dating violence, sexual assault or stalking,
including direct counseling or advocacy, and support for the
non-abusing parent; and
``(B) training and coordination for educational, after-
school, and childcare programs on how to safely and
confidentially identify children and families experiencing
domestic violence, dating violence, sexual assault, or
stalking and properly refer children exposed and their
families to services and violence prevention programs.
``(3) Engaging men as leaders and role models.--To develop,
maintain or enhance programs that work with men to prevent
domestic violence, dating violence, sexual assault, and
stalking by helping men to serve as role models and social
influencers of other men and youth at the individual, school,
community or statewide levels.
``(c) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be--
``(1) a victim service provider, community-based
organization, tribe or tribal organization, or other non-
profit, nongovernmental organization that has a history of
effective work preventing domestic violence, dating violence,
sexual assault, or stalking and expertise in the specific
area for which they are applying for funds; or
``(2) a partnership between a victim service provider,
community-based organization, tribe or tribal organization,
or other non-profit, nongovernmental organization that has a
history of effective work preventing domestic violence,
dating violence, sexual assault, or stalking and at least one
of the following that has expertise in serving children
exposed to domestic violence, dating violence, sexual
assault, or stalking, youth domestic violence, dating
violence, sexual assault, or stalking prevention, or engaging
men to prevent domestic violence, dating violence, sexual
assault, or stalking:
``(A) A public, charter, tribal, or nationally accredited
private middle or high school, a school administered by the
Department of Defense under section 2164 of title 10, United
States Code or section 1402 of the Defense Dependents'
Education Act of 1978, a group of schools, or a school
district.
``(B) A local community-based organization, population-
specific organization, or faith-based organization that has
established expertise in providing services to youth.
``(C) A community-based organization, population-specific
organization, university or health care clinic, faith-based
organization, or other non-profit, nongovernmental
organization with a demonstrated history of effective work
addressing the needs of children exposed to domestic
violence, dating violence, sexual assault, or stalking.
``(D) A nonprofit, nongovernmental entity providing
services for runaway or homeless youth affected by domestic
violence, dating violence, sexual assault, or stalking.
``(E) Healthcare entities eligible for reimbursement under
title XVIII of the Social Security Act, including providers
that target the special needs of children and youth.
``(F) Any other agencies, population-specific
organizations, or nonprofit, nongovernmental organizations
with the capacity to provide necessary expertise to meet the
goals of the program; or
``(3) a public, charter, tribal, or nationally accredited
private middle or high school, a school administered by the
Department of Defense under section 2164 of title 10, United
States Code or section 1402 of the Defense Dependents'
Education Act of 1978, a group of schools, a school district,
or an institution of higher education.
``(d) Grantee Requirements.--
``(1) In general.--Applicants for grants under this section
shall prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require that demonstrates the capacity of
the applicant and partnering organizations to undertake the
project.
``(2) Policies and procedures.--Applicants under this
section shall establish and implement policies, practices,
and procedures that--
``(A) include appropriate referral systems to direct any
victim identified during program activities to highly
qualified follow-up care;
``(B) protect the confidentiality and privacy of adult and
youth victim information, particularly in the context of
parental or third party involvement and consent, mandatory
reporting duties, and working with other service providers;
``(C) ensure that all individuals providing prevention
programming through a program funded under this section have
completed or will complete sufficient training in connection
with domestic violence, dating violence, sexual assault or
stalking; and
``(D) document how prevention programs are coordinated with
service programs in the community.
``(3) Preference.--In selecting grant recipients under this
section, the Attorney General shall give preference to
applicants that--
``(A) include outcome-based evaluation; and
``(B) identify any other community, school, or State-based
efforts that are working on domestic violence, dating
violence, sexual assault, or stalking prevention and explain
how the grantee or partnership will add value, coordinate
with other programs, and not duplicate existing efforts.
``(e) Definitions and Grant Conditions.--In this section,
the definitions and grant conditions provided for in section
40002 shall apply.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $15,000,000 for
each of fiscal years 2014 through 2018. Amounts appropriated
under this section may only be used for programs and
activities described under this section.
``(g) Allotment.--
``(1) In general.--Not less than 25 percent of the total
amounts appropriated under this section in each fiscal year
shall be used for each set of purposes described in
paragraphs (1), (2), and (3) of subsection (b).
``(2) Indian tribes.--Not less than 10 percent of the total
amounts appropriated under this section in each fiscal year
shall be made available for grants to Indian tribes or tribal
organizations. If an insufficient number of
[[Page S628]]
applications are received from Indian tribes or tribal
organizations, such funds shall be allotted to other
population-specific programs.''.
(b) Repeals.--The following provisions are repealed:
(1) Sections 41304 and 41305 of the Violence Against Women
Act of 1994 (42 U.S.C. 14043d-3 and 14043d-4).
(2) Section 403 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
14045c).
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN THE
HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
(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 HEALTHCARE SYSTEM'S
RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING.
``(a) In General.--The Secretary shall award grants for--
``(1) the development or enhancement and implementation of
interdisciplinary training for health professionals, public
health staff, and allied health professionals;
``(2) the development or enhancement and implementation of
education programs for medical, nursing, dental, and other
health profession students and residents to prevent and
respond to domestic violence, dating violence, sexual
assault, and stalking; and
``(3) the development or enhancement and implementation of
comprehensive statewide strategies to improve the response of
clinics, public health facilities, hospitals, and other
health settings (including behavioral and mental health
programs) to domestic violence, dating violence, sexual
assault, and stalking.
``(b) Use of Funds.--
``(1) Required uses.--Amounts provided under a grant under
this section shall be used to--
``(A) fund interdisciplinary training and education
programs under paragraphs (1) and (2) of subsection (a)
that--
``(i) are designed to train medical, psychology, dental,
social work, nursing, and other health profession students,
interns, residents, fellows, or current health care providers
to identify and provide health care services (including
mental or behavioral health care services and referrals to
appropriate community services) to individuals who are or who
have been victims of domestic violence, dating violence,
sexual assault, or stalking; and
``(ii) plan and develop culturally competent clinical
training components for integration into approved internship,
residency, and fellowship training or continuing medical or
other health education training that address physical,
mental, and behavioral health issues, including protective
factors, related to domestic violence, dating violence,
sexual assault, stalking, and other forms of violence and
abuse, focus on reducing health disparities and preventing
violence and abuse, and include the primacy of victim safety
and confidentiality;
``(B) design and implement comprehensive strategies to
improve the response of the health care system to domestic or
sexual violence in clinical and public health settings,
hospitals, clinics, and other health settings (including
behavioral and mental health), under subsection (a)(3)
through--
``(i) the implementation, dissemination, and evaluation of
policies and procedures to guide health professionals and
public health staff in identifying and responding to domestic
violence, dating violence, sexual assault, and stalking,
including strategies to ensure that health information is
maintained in a manner that protects the patient's privacy
and safety, and safely uses health information technology to
improve documentation, identification, assessment, treatment,
and follow-up care;
``(ii) the development of on-site access to services to
address the safety, medical, and mental health needs of
patients by increasing the capacity of existing health care
professionals and public health staff to address domestic
violence, dating violence, sexual assault, and stalking, or
by contracting with or hiring domestic or sexual assault
advocates to provide such services or to model other services
appropriate to the geographic and cultural needs of a site;
``(iii) the development of measures and methods for the
evaluation of the practice of identification, intervention,
and documentation regarding victims of domestic violence,
dating violence, sexual assault, and stalking, including the
development and testing of quality improvement measurements,
in accordance with the multi-stakeholder and quality
measurement processes established under paragraphs (7) and
(8) of section 1890(b) and section 1890A of the Social
Security Act (42 U.S.C. 1395aaa(b)(7) and (8); 42 U.S.C.
1890A); and
``(iv) the provision of training and follow-up technical
assistance to health care professionals, and public health
staff, and allied health professionals to identify, assess,
treat, and refer clients who are victims of domestic
violence, dating violence, sexual assault, or stalking,
including using tools and training materials already
developed.
``(2) Permissible uses.--
``(A) Child and elder abuse.--To the extent consistent with
the purpose of this section, a grantee may use amounts
received under this section to address, as part of a
comprehensive programmatic approach implemented under the
grant, issues relating to child or elder abuse.
``(B) Rural areas.--Grants funded under paragraphs (1) and
(2) of subsection (a) may be used to offer to rural areas
community-based training opportunities, which may include the
use of distance learning networks and other available
technologies needed to reach isolated rural areas, for
medical, nursing, and other health profession students and
residents on domestic violence, dating violence, sexual
assault, stalking, and, as appropriate, other forms of
violence and abuse.
``(C) Other uses.--Grants funded under subsection (a)(3)
may be used for--
``(i) the development of training modules and policies that
address the overlap of child abuse, domestic violence, dating
violence, sexual assault, and stalking and elder abuse, as
well as childhood exposure to domestic and sexual violence;
``(ii) the development, expansion, and implementation of
sexual assault forensic medical examination or sexual assault
nurse examiner programs;
``(iii) the inclusion of the health effects of lifetime
exposure to violence and abuse as well as related protective
factors and behavioral risk factors in health professional
training schools including medical, dental, nursing, social
work, and mental and behavioral health curricula, and allied
health service training courses; or
``(iv) the integration of knowledge of domestic violence,
dating violence, sexual assault, and stalking into health
care accreditation and professional licensing examinations,
such as medical, dental, social work, and nursing boards, and
where appropriate, other allied health exams.
``(c) Requirements for Grantees.--
``(1) Confidentiality and safety.--
``(A) In general.--Grantees under this section shall ensure
that all programs developed with grant funds address issues
of confidentiality and patient safety and comply with
applicable confidentiality and nondisclosure requirements
under section 40002(b)(2) of the Violence Against Women Act
of 1994 and the Family Violence Prevention and Services Act,
and that faculty and staff associated with delivering
educational components are fully trained in procedures that
will protect the immediate and ongoing security and
confidentiality of the patients, patient records, and staff.
Such grantees shall consult entities with demonstrated
expertise in the confidentiality and safety needs of victims
of domestic violence, dating violence, sexual assault, and
stalking on the development and adequacy of confidentially
and security procedures, and provide documentation of such
consultation.
``(B) Advance notice of information disclosure.--Grantees
under this section shall provide to patients advance notice
about any circumstances under which information may be
disclosed, such as mandatory reporting laws, and shall give
patients the option to receive information and referrals
without affirmatively disclosing abuse.
``(2) Limitation on administrative expenses.--A grantee
shall use not more than 10 percent of the amounts received
under a grant under this section for administrative expenses.
``(3) Application.--
``(A) Preference.--In selecting grant recipients under this
section, the Secretary shall give preference to applicants
based on the strength of their evaluation strategies, with
priority given to outcome based evaluations.
``(B) Subsection (a)(1) and (2) grantees.--Applications for
grants under paragraphs (1) and (2) of subsection (a) shall
include--
``(i) documentation that the applicant represents a team of
entities working collaboratively to strengthen the response
of the health care system to domestic violence, dating
violence, sexual assault, or stalking, and which includes at
least one of each of--
``(I) an accredited school of allopathic or osteopathic
medicine, psychology, nursing, dentistry, social work, or
other health field;
``(II) a health care facility or system; or
``(III) a government or nonprofit entity with a history of
effective work in the fields of domestic violence, dating
violence, sexual assault, or stalking; and
``(ii) strategies for the dissemination and sharing of
curricula and other educational materials developed under the
grant, if any, with other interested health professions
schools and national resource repositories for materials on
domestic violence, dating violence, sexual assault, and
stalking.
``(C) Subsection (a)(3) grantees.--An entity desiring a
grant under subsection (a)(3) shall submit an application to
the Secretary at such time, in such a manner, and containing
such information and assurances as the Secretary may require,
including--
``(i) documentation that all training, education,
screening, assessment, services, treatment, and any other
approach to patient care will be informed by an understanding
of violence and abuse victimization and trauma-specific
approaches that will be integrated into prevention,
intervention, and treatment activities;
``(ii) strategies for the development and implementation of
policies to prevent and address domestic violence, dating
violence, sexual assault, and stalking over the lifespan in
health care settings;
[[Page S629]]
``(iii) a plan for consulting with State and tribal
domestic violence or sexual assault coalitions, national
nonprofit victim advocacy organizations, State or tribal law
enforcement task forces (where appropriate), and population
specific organizations with demonstrated expertise in
domestic violence, dating violence, sexual assault, or
stalking;
``(iv) with respect to an application for a grant under
which the grantee will have contact with patients, a plan,
developed in collaboration with local victim service
providers, to respond appropriately to and make correct
referrals for individuals who disclose that they are victims
of domestic violence, dating violence, sexual assault,
stalking, or other types of violence, and documentation
provided by the grantee of an ongoing collaborative
relationship with a local victim service provider; and
``(v) with respect to an application for a grant proposing
to fund a program described in subsection (b)(2)(C)(ii), a
certification that any sexual assault forensic medical
examination and sexual assault nurse examiner programs
supported with such grant funds will adhere to the guidelines
set forth by the Attorney General.
``(d) Eligible Entities.--
``(1) In general.--To be eligible to receive funding under
paragraph (1) or (2) of subsection (a), an entity shall be--
``(A) a nonprofit organization with a history of effective
work in the field of training health professionals with an
understanding of, and clinical skills pertinent to, domestic
violence, dating violence, sexual assault, or stalking, and
lifetime exposure to violence and abuse;
``(B) an accredited school of allopathic or osteopathic
medicine, psychology, nursing, dentistry, social work, or
allied health;
``(C) a health care provider membership or professional
organization, or a health care system; or
``(D) a State, tribal, territorial, or local entity.
``(2) Subsection (a)(3) grantees.--To be eligible to
receive funding under subsection (a)(3), an entity shall be--
``(A) a State department (or other division) of health, a
State, tribal, or territorial domestic violence or sexual
assault coalition or victim service provider, or any other
nonprofit, nongovernmental organization with a history of
effective work in the fields of domestic violence, dating
violence, sexual assault, or stalking, and health care,
including physical or mental health care; or
``(B) a local victim service provider, a local department
(or other division) of health, a local health clinic,
hospital, or health system, or any other community-based
organization with a history of effective work in the field of
domestic violence, dating violence, sexual assault, or
stalking and health care, including physical or mental health
care.
``(e) Technical Assistance.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may make
grants or enter into contracts to provide technical
assistance with respect to the planning, development, and
operation of any program, activity or service carried out
pursuant to this section. Not more than 8 percent of the
funds appropriated under this section in each fiscal year may
be used to fund technical assistance under this subsection.
``(2) Availability of materials.--The Secretary shall make
publicly available materials developed by grantees under this
section, including materials on training, best practices, and
research and evaluation.
``(3) Reporting.--The Secretary shall publish a biennial
report on--
``(A) the distribution of funds under this section; and
``(B) the programs and activities supported by such funds.
``(f) Research and Evaluation.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may use not
more than 20 percent to make a grant or enter into a contract
for research and evaluation of--
``(A) grants awarded under this section; and
``(B) other training for health professionals and effective
interventions in the health care setting that prevent
domestic violence, dating violence, and sexual assault across
the lifespan, prevent the health effects of such violence,
and improve the safety and health of individuals who are
currently being victimized.
``(2) Research.--Research authorized in paragraph (1) may
include--
``(A) research on the effects of domestic violence, dating
violence, sexual assault, and childhood exposure to domestic,
dating or sexual violence on health behaviors, health
conditions, and health status of individuals, families, and
populations, including underserved populations;
``(B) research to determine effective health care
interventions to respond to and prevent domestic violence,
dating violence, sexual assault, and stalking;
``(C) research on the impact of domestic, dating and sexual
violence, childhood exposure to such violence, and stalking
on the health care system, health care utilization, health
care costs, and health status; and
``(D) research on the impact of adverse childhood
experiences on adult experience with domestic violence,
dating violence, sexual assault, stalking, and adult health
outcomes, including how to reduce or prevent the impact of
adverse childhood experiences through the health care
setting.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $10,000,000 for
each of fiscal years 2014 through 2018.
``(h) Definitions.--Except as otherwise provided herein,
the definitions provided for in section 40002 of the Violence
Against Women Act of 1994 shall apply to this section.''.
(b) Repeals.--The following provisions are repealed:
(1) Section 40297 of the Violence Against Women Act of 1994
(42 U.S.C. 13973).
(2) Section 758 of the Public Health Service Act (42 U.S.C.
294h).
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) the program under subtitle A of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et
seq.);
``(E) the program under subtitle A of title II of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12741 et seq.);
``(F) the program under paragraph (3) of section 221(d) of
the National Housing Act (12 U.S.C. 1715l(d)) that bears
interest at a rate determined under the proviso under
paragraph (5) of such section 221(d);
``(G) the program under section 236 of the National Housing
Act (12 U.S.C. 1715z-1);
``(H) the programs under sections 6 and 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437d and 1437f);
``(I) rural housing assistance provided under sections 514,
515, 516, 533, and 538 of the Housing Act of 1949 (42 U.S.C.
1484, 1485, 1486, 1490m, and 1490p-2); and
``(J) the low income housing tax credit program under
section 42 of the Internal Revenue Code of 1986.
``(b) Prohibited Basis for Denial or Termination of
Assistance or Eviction.--
``(1) In general.--An applicant for or tenant of housing
assisted under a covered housing program may not be denied
admission to, denied assistance under, terminated from
participation in, or evicted from the housing on the basis
that the applicant or tenant is or has been a victim of
domestic violence, dating violence, sexual assault, or
stalking, if the applicant or tenant otherwise qualifies for
admission, assistance, participation, or occupancy.
``(2) Construction of lease terms.--An incident of actual
or threatened domestic violence, dating violence, sexual
assault, or stalking shall not be construed as--
``(A) a serious or repeated violation of a lease for
housing assisted under a covered housing program by the
victim or threatened victim of such incident; or
``(B) good cause for terminating the assistance, tenancy,
or occupancy rights to housing assisted under a covered
housing program of the victim or threatened victim of such
incident.
``(3) Termination on the basis of criminal activity.--
``(A) Denial of assistance, tenancy, and occupancy rights
prohibited.--No person may deny assistance, tenancy, or
occupancy rights to housing assisted under a covered housing
program to a tenant solely on the basis of criminal activity
directly relating to domestic violence, dating violence,
sexual assault, or stalking that is engaged in by a member of
the household of the tenant or any guest or other person
under the control of the tenant, if the tenant or an
affiliated individual of the tenant is the victim or
threatened victim of such domestic violence, dating violence,
sexual assault, or stalking.
[[Page S630]]
``(B) Bifurcation.--
``(i) In general.--Notwithstanding subparagraph (A), a
public housing agency or owner or manager of housing assisted
under a covered housing program may bifurcate a lease for the
housing in order to evict, remove, or terminate assistance to
any individual who is a tenant or lawful occupant of the
housing and who engages in criminal activity directly
relating to domestic violence, dating violence, sexual
assault, or stalking against an affiliated individual or
other individual, without evicting, removing, terminating
assistance to, or otherwise penalizing a victim of such
criminal activity who is also a tenant or lawful occupant of
the housing.
``(ii) Effect of eviction on other tenants.--If public
housing agency or owner or manager of housing assisted under
a covered housing program evicts, removes, or terminates
assistance to an individual under clause (i), and the
individual is the sole tenant eligible to receive assistance
under a covered housing program, the public housing agency or
owner or manager of housing assisted under the covered
housing program shall provide any remaining tenant an
opportunity to establish eligibility for the covered housing
program. If a tenant described in the preceding sentence
cannot establish eligibility, the public housing agency or
owner or manager of the housing shall provide the tenant a
reasonable time, as determined by the appropriate agency, to
find new housing or to establish eligibility for housing
under another covered housing program.
``(C) Rules of construction.--Nothing in subparagraph (A)
shall be construed--
``(i) to limit the authority of a public housing agency or
owner or manager of housing assisted under a covered housing
program, when notified of a court order, to comply with a
court order with respect to--
``(I) the rights of access to or control of property,
including civil protection orders issued to protect a victim
of domestic violence, dating violence, sexual assault, or
stalking; or
``(II) the distribution or possession of property among
members of a household in a case;
``(ii) to limit any otherwise available authority of a
public housing agency or owner or manager of housing assisted
under a covered housing program to evict or terminate
assistance to a tenant for any violation of a lease not
premised on the act of violence in question against the
tenant or an affiliated person of the tenant, if the public
housing agency or owner or manager does not subject an
individual who is or has been a victim of domestic violence,
dating violence, or stalking to a more demanding standard
than other tenants in determining whether to evict or
terminate;
``(iii) to limit the authority to terminate assistance to a
tenant or evict a tenant from housing assisted under a
covered housing program if a public housing agency or owner
or manager of the housing can demonstrate that an actual and
imminent threat to other tenants or individuals employed at
or providing service to the property would be present if the
assistance is not terminated or the tenant is not evicted; or
``(iv) to supersede any provision of any Federal, State, or
local law that provides greater protection than this section
for victims of domestic violence, dating violence, sexual
assault, or stalking.
``(c) Documentation.--
``(1) Request for documentation.--If an applicant for, or
tenant of, housing assisted under a covered housing program
represents to a public housing agency or owner or manager of
the housing that the individual is entitled to protection
under subsection (b), the public housing agency or owner or
manager may request, in writing, that the applicant or tenant
submit to the public housing agency or owner or manager a
form of documentation described in paragraph (3).
``(2) Failure to provide certification.--
``(A) In general.--If an applicant or tenant does not
provide the documentation requested under paragraph (1)
within 14 business days after the tenant receives a request
in writing for such certification from a public housing
agency or owner or manager of housing assisted under a
covered housing program, nothing in this chapter may be
construed to limit the authority of the public housing agency
or owner or manager to--
``(i) deny admission by the applicant or tenant to the
covered program;
``(ii) deny assistance under the covered program to the
applicant or tenant;
``(iii) terminate the participation of the applicant or
tenant in the covered program; or
``(iv) evict the applicant, the tenant, or a lawful
occupant that commits violations of a lease.
``(B) Extension.--A public housing agency or owner or
manager of housing may extend the 14-day deadline under
subparagraph (A) at its discretion.
``(3) Form of documentation.--A form of documentation
described in this paragraph is--
``(A) a certification form approved by the appropriate
agency that--
``(i) states that an applicant or tenant is a victim of
domestic violence, dating violence, sexual assault, or
stalking;
``(ii) states that the incident of domestic violence,
dating violence, sexual assault, or stalking that is the
ground for protection under subsection (b) meets the
requirements under subsection (b); and
``(iii) includes the name of the individual who committed
the domestic violence, dating violence, sexual assault, or
stalking, if the name is known and safe to provide;
``(B) a document that--
``(i) is signed by--
``(I) an employee, agent, or volunteer of a victim service
provider, an attorney, a medical professional, or a mental
health professional from whom an applicant or tenant has
sought assistance relating to domestic violence, dating
violence, sexual assault, or stalking, or the effects of the
abuse; and
``(II) the applicant or tenant; and
``(ii) states under penalty of perjury that the individual
described in clause (i)(I) believes that the incident of
domestic violence, dating violence, sexual assault, or
stalking that is the ground for protection under subsection
(b) meets the requirements under subsection (b);
``(C) a record of a Federal, State, tribal, territorial, or
local law enforcement agency, court, or administrative
agency; or
``(D) at the discretion of a public housing agency or owner
or manager of housing assisted under a covered housing
program, a statement or other evidence provided by an
applicant or tenant.
``(4) Confidentiality.--Any information submitted to a
public housing agency or owner or manager under this
subsection, including the fact that an individual is a victim
of domestic violence, dating violence, sexual assault, or
stalking shall be maintained in confidence by the public
housing agency or owner or manager and may not be entered
into any shared database or disclosed to any other entity or
individual, except to the extent that the disclosure is--
``(A) requested or consented to by the individual in
writing;
``(B) required for use in an eviction proceeding under
subsection (b); or
``(C) otherwise required by applicable law.
``(5) Documentation not required.--Nothing in this
subsection shall be construed to require a public housing
agency or owner or manager of housing assisted under a
covered housing program to request that an individual submit
documentation of the status of the individual as a victim of
domestic violence, dating violence, sexual assault, or
stalking.
``(6) Compliance not sufficient to constitute evidence of
unreasonable act.--Compliance with subsection (b) by a public
housing agency or owner or manager of housing assisted under
a covered housing program based on documentation received
under this subsection, shall not be sufficient to constitute
evidence of an unreasonable act or omission by the public
housing agency or owner or manager or an employee or agent of
the public housing agency or owner or manager. Nothing in
this paragraph shall be construed to limit the liability of a
public housing agency or owner or manager of housing assisted
under a covered housing program for failure to comply with
subsection (b).
``(7) Response to conflicting certification.--If a public
housing agency or owner or manager of housing assisted under
a covered housing program receives documentation under this
subsection that contains conflicting information, the public
housing agency or owner or manager may require an applicant
or tenant to submit third-party documentation, as described
in subparagraph (B), (C), or (D) of paragraph (3).
``(8) Preemption.--Nothing in this subsection shall be
construed to supersede any provision of any Federal, State,
or local law that provides greater protection than this
subsection for victims of domestic violence, dating violence,
sexual assault, or stalking.
``(d) Notification.--
``(1) Development.--The Secretary of Housing and Urban
Development shall develop a notice of the rights of
individuals under this section, including the right to
confidentiality and the limits thereof.
``(2) Provision.--Each public housing agency or owner or
manager of housing assisted under a covered housing program
shall provide the notice developed under paragraph (1),
together with the form described in subsection (c)(3)(A), to
an applicant for or tenants of housing assisted under a
covered housing program--
``(A) at the time the applicant is denied residency in a
dwelling unit assisted under the covered housing program;
``(B) at the time the individual is admitted to a dwelling
unit assisted under the covered housing program;
``(C) with any notification of eviction or notification of
termination of assistance; and
``(D) in multiple languages, consistent with guidance
issued by the Secretary of Housing and Urban Development in
accordance with Executive Order 13166 (42 U.S.C. 2000d-1
note; relating to access to services for persons with limited
English proficiency).
``(e) Emergency Transfers.--Each appropriate agency shall
adopt a model emergency transfer plan for use by public
housing agencies and owners or managers of housing assisted
under covered housing programs that--
``(1) allows tenants who are victims of domestic violence,
dating violence, sexual assault, or stalking to transfer to
another available and safe dwelling unit assisted under a
covered housing program if--
``(A) the tenant expressly requests the transfer; and
``(B)(i) the tenant reasonably believes that the tenant is
threatened with imminent harm from further violence if the
tenant remains within the same dwelling unit assisted under a
covered housing program; or
[[Page S631]]
``(ii) in the case of a tenant who is a victim of sexual
assault, the sexual assault occurred on the premises during
the 90 day period preceding the request for transfer; and
``(2) incorporates reasonable confidentiality measures to
ensure that the public housing agency or owner or manager
does not disclose the location of the dwelling unit of a
tenant to a person that commits an act of domestic violence,
dating violence, sexual assault, or stalking against the
tenant.
``(f) Policies and Procedures for Emergency Transfer.--The
Secretary of Housing and Urban Development shall establish
policies and procedures under which a victim requesting an
emergency transfer under subsection (e) may receive, subject
to the availability of tenant protection vouchers, assistance
under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)).
``(g) Implementation.--The appropriate agency with respect
to each covered housing program shall implement this section,
as this section applies to the covered housing program.''.
(b) Conforming Amendments.--
(1) Section 6.--Section 6 of the United States Housing Act
of 1937 (42 U.S.C. 1437d) is amended--
(A) in subsection (c)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(B) in subsection (l)--
(i) in paragraph (5), by striking ``, and that an incident
or incidents of actual or threatened domestic violence,
dating violence, or stalking will not be construed as a
serious or repeated violation of the lease by the victim or
threatened victim of that violence and will not be good cause
for terminating the tenancy or occupancy rights of the victim
of such violence''; and
(ii) in paragraph (6), by striking ``; except that'' and
all that follows through ``stalking.''; and
(C) by striking subsection (u).
(2) Section 8.--Section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f) is amended--
(A) in subsection (c), by striking paragraph (9);
(B) in subsection (d)(1)--
(i) in subparagraph (A), by striking ``and that an
applicant or participant is or has been a victim of domestic
violence, dating violence, or stalking is not an appropriate
basis for denial of program assistance or for denial of
admission if the applicant otherwise qualifies for assistance
or admission''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking ``, and that an incident or
incidents of actual or threatened domestic violence, dating
violence, or stalking will not be construed as a serious or
repeated violation of the lease by the victim or threatened
victim of that violence and will not be good cause for
terminating the tenancy or occupancy rights of the victim of
such violence''; and
(II) in clause (iii), by striking ``, except that:'' and
all that follows through ``stalking.'';
(C) in subsection (f)--
(i) in paragraph (6), by adding ``and'' at the end;
(ii) in paragraph (7), by striking the semicolon at the end
and inserting a period; and
(iii) by striking paragraphs (8), (9), (10), and (11);
(D) in subsection (o)--
(i) in paragraph (6)(B), by striking the last sentence;
(ii) in paragraph (7)--
(I) in subparagraph (C), by striking ``and that an incident
or incidents of actual or threatened domestic violence,
dating violence, or stalking shall not be construed as a
serious or repeated violation of the lease by the victim or
threatened victim of that violence and shall not be good
cause for terminating the tenancy or occupancy rights of the
victim of such violence''; and
(II) in subparagraph (D), by striking ``; except that'' and
all that follows through ``stalking.''; and
(iii) by striking paragraph (20); and
(E) by striking subsection (ee).
(3) Rule of construction.--Nothing in this Act, or the
amendments made by this Act, shall be construed--
(A) to limit the rights or remedies available to any person
under section 6 or 8 of the United States Housing Act of 1937
(42 U.S.C. 1437d and 1437f), as in effect on the day before
the date of enactment of this Act;
(B) to limit any right, remedy, or procedure otherwise
available under any provision of part 5, 91, 880, 882, 883,
884, 886, 891, 903, 960, 966, 982, or 983 of title 24, Code
of Federal Regulations, that--
(i) was issued under the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162; 119 Stat. 2960) or an amendment made by that Act;
and
(ii) provides greater protection for victims of domestic
violence, dating violence, sexual assault, and stalking than
this Act; or
(C) to disqualify an owner, manager, or other individual
from participating in or receiving the benefits of the low
income housing tax credit program under section 42 of the
Internal Revenue Code of 1986 because of noncompliance with
the provisions of this Act.
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 et seq.) is amended--
(1) in the chapter heading, by striking ``CHILD VICTIMS OF
DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT'' and
inserting ``VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING''; and
(2) in section 40299 (42 U.S.C. 13975)--
(A) in the header, by striking ``CHILD VICTIMS OF DOMESTIC
VIOLENCE, STALKING, OR SEXUAL ASSAULT'' and inserting
``VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING'';
(B) in subsection (a)(1), by striking ``fleeing'';
(C) in subsection (b)(3)--
(i) in subparagraph (A), by striking `` and'' at the end;
(ii) by redesignating subparagraph (B) as subparagraph (C);
(iii) by inserting after subparagraph (A) the following:
``(B) secure employment, including obtaining employment
counseling, occupational training, job retention counseling,
and counseling concerning re-entry in to the workforce;
and''; and
(iv) in subparagraph (C), as redesignated by clause (ii),
by striking `` employment counseling,''; and
(D) in subsection (g)--
(i) in paragraph (1), by striking ``$40,000,000 for each of
fiscal years 2007 through 2011'' and inserting ``$35,000,000
for each of fiscal years 2014 through 2018''; and
(ii) in paragraph (3)--
(I) in subparagraph (A), by striking ``eligible'' and
inserting ``qualified''; and
(II) by adding at the end the following:
``(D) Qualified application defined.--In this paragraph,
the term `qualified application' means an application that--
``(i) has been submitted by an eligible applicant;
``(ii) does not propose any activities that may compromise
victim safety, including--
``(I) background checks of victims; or
``(II) clinical evaluations to determine eligibility for
services;
``(iii) reflects an understanding of the dynamics of
domestic violence, dating violence, sexual assault, or
stalking; and
``(iv) does not propose prohibited activities, including
mandatory services for victims.''.
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
2014 through 2018''; and
(2) in section 41405(g) (42 U.S.C. 14043e-4(g)), by
striking ``$10,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$4,000,000 for each of fiscal years
2014 through 2018''.
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 2014 through
2018''.
TITLE VIII--PROTECTION OF BATTERED IMMIGRANTS
SEC. 801. U NONIMMIGRANT DEFINITION.
Section 101(a)(15)(U)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended by
inserting ``stalking;'' after ``sexual exploitation;''.
SEC. 802. ANNUAL REPORT ON IMMIGRATION APPLICATIONS MADE BY
VICTIMS OF ABUSE.
Not later than December 1, 2014, and annually thereafter,
the Secretary of Homeland Security shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report that
includes the following:
(1) The number of aliens who--
(A) submitted an application for nonimmigrant status under
paragraph (15)(T)(i), (15)(U)(i), or (51) of section 101(a)
of the Immigration and Nationality Act (8 U.S.C. 1101(a))
during the preceding fiscal year;
(B) were granted such nonimmigrant status during such
fiscal year; or
(C) were denied such nonimmigrant status during such fiscal
year.
(2) The mean amount of time and median amount of time to
adjudicate an application for such nonimmigrant status during
such fiscal year.
(3) The mean amount of time and median amount of time
between the receipt of an application for such nonimmigrant
status and the issuance of work authorization to an eligible
applicant during the preceding fiscal year.
(4) The number of aliens granted continued presence in the
United States under section 107(c)(3) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) during
the preceding fiscal year.
(5) A description of any actions being taken to reduce the
adjudication and processing time, while ensuring the safe and
competent processing, of an application described in
paragraph (1) or a request for continued presence referred to
in paragraph (4).
[[Page S632]]
SEC. 803. PROTECTION FOR CHILDREN OF VAWA SELF-PETITIONERS.
Section 204(l)(2) of the Immigration and Nationality Act (8
U.S.C. 1154(l)(2)) is amended--
(1) in subparagraph (E), by striking ``or'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) a child of an alien who filed a pending or approved
petition for classification or application for adjustment of
status or other benefit specified in section 101(a)(51) as a
VAWA self-petitioner; or''.
SEC. 804. PUBLIC CHARGE.
Section 212(a)(4) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(4)) is amended by adding at the end the
following:
``(E) Special rule for qualified alien victims.--
Subparagraphs (A), (B), and (C) shall not apply to an alien
who--
``(i) is a VAWA self-petitioner;
``(ii) is an applicant for, or is granted, nonimmigrant
status under section 101(a)(15)(U); or
``(iii) is a qualified alien described in section 431(c) of
the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(c)).''.
SEC. 805. REQUIREMENTS APPLICABLE TO U VISAS.
(a) In General.--Section 214(p) of the Immigration and
Nationality Act (8 U.S.C. 1184(p)) is amended by adding at
the end the following:
``(7) Age determinations.--
``(A) Children.--An unmarried alien who seeks to accompany,
or follow to join, a parent granted status under section
101(a)(15)(U)(i), and who was under 21 years of age on the
date on which such parent petitioned for such status, shall
continue to be classified as a child for purposes of section
101(a)(15)(U)(ii), if the alien attains 21 years of age after
such parent's petition was filed but while it was pending.
``(B) Principal aliens.--An alien described in clause (i)
of section 101(a)(15)(U) shall continue to be treated as an
alien described in clause (ii)(I) of such section if the
alien attains 21 years of age after the alien's application
for status under such clause (i) is filed but while it is
pending.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if enacted as part of the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law
106-386; 114 Stat. 1464).
SEC. 806. HARDSHIP WAIVERS.
(a) In General.--Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--
(1) in subparagraph (A), by striking the comma at the end
and inserting a semicolon;
(2) in subparagraph (B), by striking ``(1), or'' and
inserting ``(1); or'';
(3) in subparagraph (C), by striking the period at the end
and inserting a semicolon and ``or''; and
(4) by inserting after subparagraph (C) the following:
``(D) the alien meets the requirements under section
204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage
ceremony was battered by or subject to extreme cruelty
perpetrated by the alien's intended spouse and was not at
fault in failing to meet the requirements of paragraph
(1).''.
(b) Technical Corrections.--Section 216(c)(4) of the
Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)), as
amended by subsection (a), is further amended--
(1) in the matter preceding subparagraph (A), by striking
``The Attorney General, in the Attorney General's'' and
inserting ``The Secretary of Homeland Security, in the
Secretary's''; and
(2) in the undesignated paragraph at the end--
(A) in the first sentence, by striking ``Attorney General''
and inserting ``Secretary of Homeland Security'';
(B) in the second sentence, by striking ``Attorney
General'' and inserting ``Secretary'';
(C) in the third sentence, by striking ``Attorney
General.'' and inserting ``Secretary.''; and
(D) in the fourth sentence, by striking ``Attorney
General'' and inserting ``Secretary''.
SEC. 807. 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).'';
(B) in paragraph (2)(A), in the matter preceding clause
(i)--
(i) by striking ``a consular officer'' and inserting ``the
Secretary of Homeland Security''; and
(ii) by striking ``the officer'' and inserting ``the
Secretary''; and
(C) in paragraph (3)(B)(i), by striking ``abuse, and
stalking.'' and inserting ``abuse, stalking, or an attempt to
commit any such crime.''; and
(2) in subsection (r)--
(A) in paragraph (1), by striking ``crime.'' and inserting
``crime described in paragraph (5)(B) and information on any
permanent protection or restraining order issued against the
petitioner related to any specified crime described in
subsection (5)(B)(i).''; and
(B) by amending paragraph (4)(B)(ii) to read as follows:
``(ii) To notify the beneficiary as required by clause (i),
the Secretary of Homeland Security shall provide such notice
to the Secretary of State for inclusion in the mailing to the
beneficiary described in section 833(a)(5)(A)(i) of the
International Marriage Broker Regulation Act of 2005 (8
U.S.C. 1375a(a)(5)(A)(i)).''; and
(3) in paragraph (5)(B)(i), by striking ``abuse, and
stalking.'' and inserting ``abuse, stalking, or an attempt to
commit any such crime.''.
(b) Provision of Information to K Nonimmigrants.--Section
833 of the International Marriage Broker Regulation Act of
2005 (8 U.S.C. 1375a) is amended--
(1) in subsection (a)(5)(A)--
(A) in clause (iii)--
(i) by striking ``State any'' and inserting ``State, for
inclusion in the mailing described in clause (i), any''; and
(ii) by striking the last sentence; and
(B) by adding at the end the following:
``(iv) The Secretary of Homeland Security shall conduct a
background check of the National Crime Information Center's
Protection Order Database on each petitioner for a visa under
subsection (d) or (r) of section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184). Any appropriate information
obtained from such background check--
``(I) shall accompany the criminal background information
provided by the Secretary of Homeland Security to the
Secretary of State and shared by the Secretary of State with
a beneficiary of a petition referred to in clause (iii); and
``(II) shall not be used or disclosed for any other purpose
unless expressly authorized by law.
``(v) The Secretary of Homeland Security shall create a
cover sheet or other mechanism to accompany the information
required to be provided to an applicant for a visa under
subsection (d) or (r) of section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) by clauses (i) through (iv)
of this paragraph or by clauses (i) and (ii) of subsection
(r)(4)(B) of such section 214, that calls to the applicant's
attention--
``(I) whether the petitioner disclosed a protection order,
a restraining order, or criminal history information on the
visa petition;
``(II) the criminal background information and information
about any protection order obtained by the Secretary of
Homeland Security regarding the petitioner in the course of
adjudicating the petition; and
``(III) whether the information the petitioner disclosed on
the visa petition regarding any previous petitions filed
under subsection (d) or (r) of such section 214 is consistent
with the information in the multiple visa tracking database
of the Department of Homeland Security, as described in
subsection (r)(4)(A) of such section 214.''; and
(2) in subsection (b)(1)(A), by striking ``or'' after
``orders'' and inserting ``and''.
SEC. 808. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) Implementation of the International Marriage Broker Act
of 2005.--
(1) Findings.--Congress finds the following:
(A) The International Marriage Broker Act of 2005 (subtitle
D of Public Law 109-162; 119 Stat. 3066) has not been fully
implemented with regard to investigating and prosecuting
violations of the law, and for other purposes.
(B) Six years after Congress enacted the International
Marriage Broker Act of 2005 to regulate the activities of the
hundreds of for-profit international marriage brokers
operating in the United States, the Attorney General has not
determined which component of the Department of Justice will
investigate and prosecute violations of such Act.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Attorney General shall submit to
Congress a report that includes the following:
(A) The name of the component of the Department of Justice
responsible for investigating and prosecuting violations of
the International Marriage Broker Act of 2005 (subtitle D of
Public Law 109-162; 119 Stat. 3066) and the amendments made
by this Act.
(B) A description of the policies and procedures of the
Attorney General for consultation with the Secretary of
Homeland Security and the Secretary of State in investigating
and prosecuting such violations.
(b) Technical Correction.--Section 833(a)(2)(H) of the
International Marriage Broker Regulation Act of 2005 (8
U.S.C. 1375a(a)(2)(H)) is amended by striking ``Federal and
State sex offender public registries'' and inserting ``the
National Sex Offender Public Website''.
(c) Regulation of International Marriage Brokers.--Section
833(d) of the International Marriage Broker Regulation Act of
2005 (8 U.S.C. 1375a(d)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Prohibition on marketing of or to children.--
``(A) In general.--An international marriage broker shall
not provide any individual or entity with the personal
contact information, photograph, or general information about
the background or interests of any individual under the age
of 18.
``(B) Compliance.--To comply with the requirements of
subparagraph (A), an international marriage broker shall--
``(i) obtain a valid copy of each foreign national client's
birth certificate or other
[[Page S633]]
proof of age document issued by an appropriate government
entity;
``(ii) indicate on such certificate or document the date it
was received by the international marriage broker;
``(iii) retain the original of such certificate or document
for 7 years after such date of receipt; and
``(iv) produce such certificate or document upon request to
an appropriate authority charged with the enforcement of this
paragraph.'';
(2) in paragraph (2)--
(A) in subparagraph (A)(i)--
(i) in the heading, by striking ``registries.--'' and
inserting ``website.--''; and
(ii) by striking ``Registry or State sex offender public
registry,'' and inserting ``Website,''; and
(B) in subparagraph (B)(ii), by striking ``or stalking.''
and inserting ``stalking, or an attempt to commit any such
crime.'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``Registry, or of the
relevant State sex offender public registry for any State not
yet participating in the National Sex Offender Public
Registry, in which the United States client has resided
during the previous 20 years,'' and inserting ``Website'';
and
(ii) in clause (iii)(II), by striking ``background
information collected by the international marriage broker
under paragraph (2)(B);'' and inserting ``signed
certification and accompanying documentation or attestation
regarding the background information collected under
paragraph (2)(B);''; and
(B) by striking subparagraph (C);
(4) in paragraph (5)--
(A) in subparagraph (A)(ii), by striking ``A penalty may be
imposed under clause (i) by the Attorney General only'' and
inserting ``At the discretion of the Attorney General, a
penalty may be imposed under clause (i) either by a Federal
judge, or by the Attorney General'';
(B) by amending subparagraph (B) to read as follows:
``(B) Federal criminal penalties.--
``(i) Failure of international marriage brokers to comply
with obligations.--Except as provided in clause (ii), an
international marriage broker that, in circumstances in or
affecting interstate or foreign commerce, or within the
special maritime and territorial jurisdiction of the United
States--
``(I) except as provided in subclause (II), violates (or
attempts to violate) paragraph (1), (2), (3), or (4) shall be
fined in accordance with title 18, United States Code, or
imprisoned for not more than 1 year, or both; or
``(II) knowingly violates or attempts to violate paragraphs
(1), (2), (3), or (4) shall be fined in accordance with title
18, United States Code, or imprisoned for not more than 5
years, or both.
``(ii) Misuse of information.--A person who knowingly
discloses, uses, or causes to be used any information
obtained by an international marriage broker as a result of a
requirement under paragraph (2) or (3) for any purpose other
than the disclosures required under paragraph (3) shall be
fined in accordance with title 18, United States Code, or
imprisoned for not more than 1 year, or both.
``(iii) Fraudulent failures of united states clients to
make required self-disclosures.--A person who knowingly and
with intent to defraud another person outside the United
States in order to recruit, solicit, entice, or induce that
other person into entering a dating or matrimonial
relationship, makes false or fraudulent representations
regarding the disclosures described in clause (i), (ii),
(iii), or (iv) of subsection (d)(2)(B), including by failing
to make any such disclosures, shall be fined in accordance
with title 18, United States Code, imprisoned for not more
than 1 year, or both.
``(iv) Relationship to other penalties.--The penalties
provided in clauses (i), (ii), and (iii) are in addition to
any other civil or criminal liability under Federal or State
law to which a person may be subject for the misuse of
information, including misuse to threaten, intimidate, or
harass any individual.
``(v) Construction.--Nothing in this paragraph or paragraph
(3) or (4) may be construed to prevent the disclosure of
information to law enforcement or pursuant to a court
order.''; and
(C) in subparagraph (C), by striking the period at the end
and inserting ``including equitable remedies.'';
(5) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(6) by inserting after paragraph (5) the following:
``(6) Enforcement.--
``(A) Authority.--The Attorney General shall be responsible
for the enforcement of the provisions of this section,
including the prosecution of civil and criminal penalties
provided for by this section.
``(B) Consultation.--The Attorney General shall consult
with the Director of the Office on Violence Against Women of
the Department of Justice to develop policies and public
education designed to promote enforcement of this section.''.
(d) GAO Study and Report.--Section 833(f) of the
International Marriage Broker Regulation Act of 2005 (8
U.S.C. 1375a(f)) is amended--
(1) in the subsection heading, by striking ``Study and
Report.--'' and inserting ``Studies and Reports.--''; and
(2) by adding at the end the following:
``(4) Continuing impact study and report.--
``(A) Study.--The Comptroller General shall conduct a study
on the continuing impact of the implementation of this
section and of section of 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) on the process for granting K
nonimmigrant visas, including specifically a study of the
items described in subparagraphs (A) through (E) of paragraph
(1).
``(B) Report.--Not later than 2 years after the date of the
enactment of the Violence Against Women Reauthorization Act
of 2013, the Comptroller General shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report
setting forth the results of the study conducted under
subparagraph (A).
``(C) Data collection.--The Attorney General, the Secretary
of Homeland Security, and the Secretary of State shall
collect and maintain the data necessary for the Comptroller
General to conduct the study required by paragraph (1)(A).''.
SEC. 809. ELIGIBILITY OF CRIME AND TRAFFICKING VICTIMS IN THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS TO
ADJUST STATUS.
Section 705(c) of the Consolidated Natural Resources Act of
2008 (Public Law 110-229; 48 U.S.C. 1806 note), is amended by
striking ``except that,'' and all that follows through the
end, and inserting the following: ``except that--
``(1) for the purpose of determining whether an alien
lawfully admitted for permanent residence (as defined in
section 101(a)(20) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(20)) has abandoned or lost such status by
reason of absence from the United States, such alien's
presence in the Commonwealth, before, on or after November
28, 2009, shall be considered to be presence in the United
States; and
``(2) for the purpose of determining whether an alien whose
application for status under subparagraph (T) or (U) of
section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) was granted is subsequently eligible for
adjustment under subsection (l) or (m) of section 245 of such
Act (8 U.S.C. 1255), such alien's physical presence in the
Commonwealth before, on, or after November 28, 2009, and
subsequent to the grant of the application, shall be
considered as equivalent to presence in the United States
pursuant to a nonimmigrant admission in such status.''.
SEC. 810. DISCLOSURE OF INFORMATION FOR NATIONAL SECURITY
PURPOSES.
(a) Information Sharing.--Section 384(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(b)) is amended--
(1) in paragraph (1)--
(A) by inserting ``Secretary of Homeland Security or the''
before ``Attorney General may''; and
(B) by inserting ``Secretary's or the'' before ``Attorney
General's discretion'';
(2) in paragraph (2)--
(A) by inserting ``Secretary of Homeland Security or the''
before ``Attorney General may'';
(B) by inserting ``Secretary or the'' before ``Attorney
General for''; and
(C) by inserting ``in a manner that protects the
confidentiality of such information'' after ``law enforcement
purpose'';
(3) in paragraph (5), by striking ``Attorney General is''
and inserting ``Secretary of Homeland Security and the
Attorney General are''; and
(4) by adding at the end a new paragraph as follows:
``(8) Notwithstanding subsection (a)(2), the Secretary of
Homeland Security, the Secretary of State, or the Attorney
General may provide in the discretion of either such
Secretary or the Attorney General for the disclosure of
information to national security officials to be used solely
for a national security purpose in a manner that protects the
confidentiality of such information.''.
(b) Guidelines.--Section 384(d) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1367(d)) is amended--
(1) by inserting ``, Secretary of State,'' after ``The
Attorney General'';
(2) by inserting ``, Department of State,'' after
``Department of Justice''; and
(3) by inserting ``and severe forms of trafficking in
persons or criminal activity listed in section 101(a)(15)(U)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(u))'' after ``domestic violence''.
(c) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the Attorney General, the
Secretary of State, and Secretary of Homeland Security shall
provide the guidance required by section 384(d) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1367(d)), consistent with the amendments
made by subsections (a) and (b).
(d) Clerical Amendment.--Section 384(a)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1986
is amended by striking ``241(a)(2)'' in the matter following
subparagraph (F) and inserting ``237(a)(2)''.
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,'';
[[Page S634]]
(2) in paragraph (4), by inserting ``sex trafficking,''
after ``sexual assault,'';
(3) in paragraph (5), by striking ``and stalking'' and all
that follows and inserting ``sexual assault, sex trafficking,
and stalking;'';
(4) in paragraph (7)--
(A) by inserting ``sex trafficking,'' after ``sexual
assault,'' each place it appears; and
(B) by striking ``and'' at the end;
(5) in paragraph (8)--
(A) by inserting ``sex trafficking,'' after ``stalking,'';
and
(B) by striking the period at the end and inserting a
semicolon; and
(6) by adding at the end the following:
``(9) provide services to address the needs of youth who
are victims of domestic violence, dating violence, sexual
assault, sex trafficking, or stalking and the needs of youth
and children exposed to domestic violence, dating violence,
sexual assault, or stalking, including support for the
nonabusing parent or the caretaker of the youth or child; and
``(10) develop and promote legislation and policies that
enhance best practices for responding to violent crimes
against Indian women, including the crimes of domestic
violence, dating violence, sexual assault, sex trafficking,
and stalking.''.
SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS.
Section 2001 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended by
striking subsection (d) and inserting the following:
``(d) Tribal Coalition Grants.--
``(1) Purpose.--The Attorney General shall award a grant to
tribal coalitions for purposes of--
``(A) increasing awareness of domestic violence and sexual
assault against Indian women;
``(B) enhancing the response to violence against Indian
women at the Federal, State, and tribal levels;
``(C) identifying and providing technical assistance to
coalition membership and tribal communities to enhance access
to essential services to Indian women victimized by domestic
and sexual violence, including sex trafficking; and
``(D) assisting Indian tribes in developing and promoting
State, local, and tribal legislation and policies that
enhance best practices for responding to violent crimes
against Indian women, including the crimes of domestic
violence, dating violence, sexual assault, sex trafficking,
and stalking.
``(2) Grants.--The Attorney General shall award grants on
an annual basis under paragraph (1) to--
``(A) each tribal coalition that--
``(i) meets the criteria of a tribal coalition under
section 40002(a) of the Violence Against Women Act of 1994
(42 U.S.C. 13925(a));
``(ii) is recognized by the Office on Violence Against
Women; and
``(iii) provides services to Indian tribes; and
``(B) organizations that propose to incorporate and operate
a tribal coalition in areas where Indian tribes are located
but no tribal coalition exists.
``(3) Use of amounts.--For each of fiscal years 2014
through 2018, of the amounts appropriated to carry out this
subsection--
``(A) not more than 10 percent shall be made available to
organizations described in paragraph (2)(B), provided that 1
or more organizations determined by the Attorney General to
be qualified apply;
``(B) not less than 90 percent shall be made available to
tribal coalitions described in paragraph (2)(A), which
amounts shall be distributed equally among each eligible
tribal coalition for the applicable fiscal year.
``(4) Eligibility for other grants.--Receipt of an award
under this subsection by a tribal coalition shall not
preclude the tribal coalition from receiving additional
grants under this title to carry out the purposes described
in paragraph (1).
``(5) Multiple purpose applications.--Nothing in this
subsection prohibits any tribal coalition or organization
described in paragraph (2) from applying for funding to
address sexual assault or domestic violence needs in the same
application.''.
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 2013'' before the period at the end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``Secretary of the Department of Health and Human Services''
and inserting ``Secretary of Health and Human Services, the
Secretary of the Interior,''; and
(B) in paragraph (2), by striking ``and stalking'' and
inserting ``stalking, and sex trafficking''; and
(3) by adding at the end the following:
``(c) Annual Report.--The Attorney General shall submit to
Congress an annual report on the annual consultations
required under subsection (a) that--
``(1) contains the recommendations made under subsection
(b) by Indian tribes during the year covered by the report;
``(2) describes actions taken during the year covered by
the report to respond to recommendations made under
subsection (b) during the year or a previous year; and
``(3) describes how the Attorney General will work in
coordination and collaboration with Indian tribes, the
Secretary of Health and Human Services, and the Secretary of
the Interior to address the recommendations made under
subsection (b).
``(d) Notice.--Not later than 120 days before the date of a
consultation under subsection (a), the Attorney General shall
notify tribal leaders of the date, time, and location of the
consultation.''.
SEC. 904. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC
VIOLENCE.
Title II of Public Law 90-284 (25 U.S.C. 1301 et seq.)
(commonly known as the ``Indian Civil Rights Act of 1968'')
is amended by adding at the end the following:
``SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC
VIOLENCE.
``(a) Definitions.--In this section:
``(1) Dating violence.--The term `dating violence' means
violence committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the
victim, as determined by the length of the relationship, the
type of relationship, and the frequency of interaction
between the persons involved in the relationship.
``(2) Domestic violence.--The term `domestic violence'
means violence committed by a current or former spouse or
intimate partner of the victim, by a person with whom the
victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a
spouse or intimate partner, or by a person similarly situated
to a spouse of the victim under the domestic- or family-
violence laws of an Indian tribe that has jurisdiction over
the Indian country where the violence occurs.
``(3) Indian country.--The term `Indian country' has the
meaning given the term in section 1151 of title 18, United
States Code.
``(4) Participating tribe.--The term `participating tribe'
means an Indian tribe that elects to exercise special
domestic violence criminal jurisdiction over the Indian
country of that Indian tribe.
``(5) Protection order.--The term `protection order'--
``(A) means any injunction, restraining order, or other
order issued by a civil or criminal court for the purpose of
preventing violent or threatening acts or harassment against,
sexual violence against, contact or communication with, or
physical proximity to, another person; and
``(B) includes any temporary or final order issued by a
civil or criminal court, whether obtained by filing an
independent action or as a pendent lite order in another
proceeding, if the civil or criminal order was issued in
response to a complaint, petition, or motion filed by or on
behalf of a person seeking protection.
``(6) Special domestic violence criminal jurisdiction.--The
term `special domestic violence criminal jurisdiction' means
the criminal jurisdiction that a participating tribe may
exercise under this section but could not otherwise exercise.
``(7) Spouse or intimate partner.--The term `spouse or
intimate partner' has the meaning given the term in section
2266 of title 18, United States Code.
``(b) Nature of the Criminal Jurisdiction.--
``(1) In general.--Notwithstanding any other provision of
law, in addition to all powers of self-government recognized
and affirmed by sections 201 and 203, the powers of self-
government of a participating tribe include the inherent
power of that tribe, which is hereby recognized and affirmed,
to exercise special domestic violence criminal jurisdiction
over all persons.
``(2) Concurrent jurisdiction.--The exercise of special
domestic violence criminal jurisdiction by a participating
tribe shall be concurrent with the jurisdiction of the United
States, of a State, or of both.
``(3) Applicability.--Nothing in this section--
``(A) creates or eliminates any Federal or State criminal
jurisdiction over Indian country; or
``(B) affects the authority of the United States or any
State government that has been delegated authority by the
United States to investigate and prosecute a criminal
violation in Indian country.
``(4) Exceptions.--
``(A) Victim and defendant are both non-indians.--
``(i) In general.--A participating tribe may not exercise
special domestic violence criminal jurisdiction over an
alleged offense if neither the defendant nor the alleged
victim is an Indian.
``(ii) Definition of victim.--In this subparagraph and with
respect to a criminal proceeding in which a participating
tribe exercises special domestic violence criminal
jurisdiction based on a violation of a protection order, the
term `victim' means a person specifically protected by a
protection order that the defendant allegedly violated.
``(B) Defendant lacks ties to the indian tribe.--A
participating tribe may exercise special domestic violence
criminal jurisdiction over a defendant only if the
defendant--
``(i) resides in the Indian country of the participating
tribe;
``(ii) is employed in the Indian country of the
participating tribe; or
``(iii) is a spouse, intimate partner, or dating partner
of--
``(I) a member of the participating tribe; or
``(II) an Indian who resides in the Indian country of the
participating tribe.
[[Page S635]]
``(c) Criminal Conduct.--A participating tribe may exercise
special domestic violence criminal jurisdiction over a
defendant for criminal conduct that falls into one or more of
the following categories:
``(1) Domestic violence and dating violence.--An act of
domestic violence or dating violence that occurs in the
Indian country of the participating tribe.
``(2) Violations of protection orders.--An act that--
``(A) occurs in the Indian country of the participating
tribe; and
``(B) violates the portion of a protection order that--
``(i) prohibits or provides protection against violent or
threatening acts or harassment against, sexual violence
against, contact or communication with, or physical proximity
to, another person;
``(ii) was issued against the defendant;
``(iii) is enforceable by the participating tribe; and
``(iv) is consistent with section 2265(b) of title 18,
United States Code.
``(d) Rights of Defendants.--In a criminal proceeding in
which a participating tribe exercises special domestic
violence criminal jurisdiction, the participating tribe shall
provide to the defendant--
``(1) all applicable rights under this Act;
``(2) if a term of imprisonment of any length may be
imposed, all rights described in section 202(c);
``(3) the right to a trial by an impartial jury that is
drawn from sources that--
``(A) reflect a fair cross section of the community; and
``(B) do not systematically exclude any distinctive group
in the community, including non-Indians; and
``(4) all other rights whose protection is necessary under
the Constitution of the United States in order for Congress
to recognize and affirm the inherent power of the
participating tribe to exercise special domestic violence
criminal jurisdiction over the defendant.
``(e) Petitions To Stay Detention.--
``(1) In general.--A person who has filed a petition for a
writ of habeas corpus in a court of the United States under
section 203 may petition that court to stay further detention
of that person by the participating tribe.
``(2) Grant of stay.--A court shall grant a stay described
in paragraph (1) if the court--
``(A) finds that there is a substantial likelihood that the
habeas corpus petition will be granted; and
``(B) after giving each alleged victim in the matter an
opportunity to be heard, finds by clear and convincing
evidence that under conditions imposed by the court, the
petitioner is not likely to flee or pose a danger to any
person or the community if released.
``(3) Notice.--An Indian tribe that has ordered the
detention of any person has a duty to timely notify such
person of his rights and privileges under this subsection and
under section 203.
``(f) Grants to Tribal Governments.--The Attorney General
may award grants to the governments of Indian tribes (or to
authorized designees of those governments)--
``(1) to strengthen tribal criminal justice systems to
assist Indian tribes in exercising special domestic violence
criminal jurisdiction, including--
``(A) law enforcement (including the capacity of law
enforcement or court personnel to enter information into and
obtain information from national crime information
databases);
``(B) prosecution;
``(C) trial and appellate courts;
``(D) probation systems;
``(E) detention and correctional facilities;
``(F) alternative rehabilitation centers;
``(G) culturally appropriate services and assistance for
victims and their families; and
``(H) criminal codes and rules of criminal procedure,
appellate procedure, and evidence;
``(2) to provide indigent criminal defendants with the
effective assistance of licensed defense counsel, at no cost
to the defendant, in criminal proceedings in which a
participating tribe prosecutes a crime of domestic violence
or dating violence or a criminal violation of a protection
order;
``(3) to ensure that, in criminal proceedings in which a
participating tribe exercises special domestic violence
criminal jurisdiction, jurors are summoned, selected, and
instructed in a manner consistent with all applicable
requirements; and
``(4) to accord victims of domestic violence, dating
violence, and violations of protection orders rights that are
similar to the rights of a crime victim described in section
3771(a) of title 18, United States Code, consistent with
tribal law and custom.
``(g) Supplement, Not Supplant.--Amounts made available
under this section shall supplement and not supplant any
other Federal, State, tribal, or local government amounts
made available to carry out activities described in this
section.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated $5,000,000 for each of fiscal
years 2014 through 2018 to carry out subsection (f) and to
provide training, technical assistance, data collection, and
evaluation of the criminal justice systems of participating
tribes.''.
SEC. 905. TRIBAL PROTECTION ORDERS.
Section 2265 of title 18, United States Code, is amended by
striking subsection (e) and inserting the following:
``(e) Tribal Court Jurisdiction.--For purposes of this
section, a court of an Indian tribe shall have full civil
jurisdiction to issue and enforce protection orders involving
any person, including the authority to enforce any orders
through civil contempt proceedings, to exclude violators from
Indian land, and to use other appropriate mechanisms, in
matters arising anywhere in the Indian country of the Indian
tribe (as defined in section 1151) or otherwise within the
authority of the Indian tribe.''.
SEC. 906. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.
(a) In General.--Section 113 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) Assault with intent to commit murder or a violation
of section 2241 or 2242, by a fine under this title,
imprisonment for not more than 20 years, or both.'';
(B) in paragraph (2), by striking ``felony under chapter
109A'' and inserting ``violation of section 2241 or 2242'';
(C) in paragraph (3) by striking ``and without just cause
or excuse,'';
(D) in paragraph (4), by striking ``six months'' and
inserting ``1 year'';
(E) in paragraph (7)--
(i) by striking ``substantial bodily injury to an
individual who has not attained the age of 16 years'' and
inserting ``substantial bodily injury to a spouse or intimate
partner, a dating partner, or an individual who has not
attained the age of 16 years''; and
(ii) by striking ``fine'' and inserting ``a fine''; and
(F) by adding at the end the following:
``(8) Assault of a spouse, intimate partner, or dating
partner by strangling, suffocating, or attempting to strangle
or suffocate, by a fine under this title, imprisonment for
not more than 10 years, or both.''; and
(2) in subsection (b)--
(A) by striking ``(b) As used in this subsection--'' and
inserting the following:
``(b) Definitions.--In this section--'';
(B) in paragraph (1)(B), by striking ``and'' at the end;
(C) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(3) the terms `dating partner' and `spouse or intimate
partner' have the meanings given those terms in section 2266;
``(4) the term `strangling' means intentionally, knowingly,
or recklessly impeding the normal breathing or circulation of
the blood of a person by applying pressure to the throat or
neck, regardless of whether that conduct results in any
visible injury or whether there is any intent to kill or
protractedly injure the victim; and
``(5) the term `suffocating' means intentionally,
knowingly, or recklessly impeding the normal breathing of a
person by covering the mouth of the person, the nose of the
person, or both, regardless of whether that conduct results
in any visible injury or whether there is any intent to kill
or protractedly injure the victim.''.
(b) Indian Major Crimes.--Section 1153(a) of title 18,
United States Code, is amended by striking ``assault with
intent to commit murder, assault with a dangerous weapon,
assault resulting in serious bodily injury (as defined in
section 1365 of this title)'' and inserting ``a felony
assault under section 113''.
(c) Repeat Offenders.--Section 2265A(b)(1)(B) of title 18,
United States Code, is amended by inserting ``or tribal''
after ``State''.
SEC. 907. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN
WOMEN.
(a) In General.--Section 904(a) of the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(42 U.S.C. 3796gg-10 note) is amended--
(1) in paragraph (1)--
(A) by striking ``The National'' and inserting ``Not later
than 2 years after the date of enactment of the Violence
Against Women Reauthorization Act of 2013, the National'';
and
(B) by inserting ``and in Native villages (as defined in
section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602))'' before the period at the end;
(2) in paragraph (2)(A)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(vi) sex trafficking.'';
(3) in paragraph (4), by striking ``this Act'' and
inserting ``the Violence Against Women Reauthorization Act of
2013''; and
(4) in paragraph (5), by striking ``this section $1,000,000
for each of fiscal years 2007 and 2008'' and inserting ``this
subsection $1,000,000 for each of fiscal years 2014 and
2015''.
(b) Authorization of Appropriations.--Section 905(b)(2) of
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (28 U.S.C. 534 note) is amended
by striking ``fiscal years 2007 through 2011'' and inserting
``fiscal years 2014 through 2018''.
SEC. 908. EFFECTIVE DATES; PILOT PROJECT.
(a) General Effective Date.--Except as provided in section
4 and subsection (b) of this section, the amendments made by
this title shall take effect on the date of enactment of this
Act.
(b) Effective Date for Special Domestic-violence Criminal
Jurisdiction.--
(1) In general.--Except as provided in paragraph (2),
subsections (b) through (d) of section 204 of Public Law 90-
284 (as added by
[[Page S636]]
section 904) shall take effect on the date that is 2 years
after the date of enactment of this Act.
(2) Pilot project.--
(A) In general.--At any time during the 2-year period
beginning on the date of enactment of this Act, an Indian
tribe may ask the Attorney General to designate the tribe as
a participating tribe under section 204(a) of Public Law 90-
284 on an accelerated basis.
(B) Procedure.--The Attorney General may grant a request
under subparagraph (A) after coordinating with the Secretary
of the Interior, consulting with affected Indian tribes, and
concluding that the criminal justice system of the requesting
tribe has adequate safeguards in place to protect defendants'
rights, consistent with section 204 of Public Law 90-284.
(C) Effective dates for pilot projects.--An Indian tribe
designated as a participating tribe under this paragraph may
commence exercising special domestic violence criminal
jurisdiction pursuant to subsections (b) through (d) of
section 204 of Public Law 90-284 on a date established by the
Attorney General, after consultation with that Indian tribe,
but in no event later than the date that is 2 years after the
date of enactment of this Act.
SEC. 909. INDIAN LAW AND ORDER COMMISSION; REPORT ON THE
ALASKA RURAL JUSTICE AND LAW ENFORCEMENT
COMMISSION.
(a) In General.--Section 15(f) of the Indian Law
Enforcement Reform Act (25 U.S.C. 2812(f)) is amended by
striking ``2 years'' and inserting ``3 years''.
(b) Report.--The Attorney General, in consultation with the
Attorney General of the State of Alaska, the Commissioner of
Public Safety of the State of Alaska, the Alaska Federation
of Natives and Federally recognized Indian tribes in the
State of Alaska, shall report to Congress not later than one
year after enactment of this Act with respect to whether the
Alaska Rural Justice and Law Enforcement Commission
established under Section 112(a)(1) of the Consolidated
Appropriations Act, 2004 should be continued and
appropriations authorized for the continued work of the
commission. The report may contain recommendations for
legislation with respect to the scope of work and composition
of the commission.
SEC. 910. SPECIAL RULE FOR THE STATE OF ALASKA.
(a) Expanded Jurisdiction.--In the State of Alaska, the
amendments made by sections 904 and 905 shall only apply to
the Indian country (as defined in section 1151 of title 18,
United States Code) of the Metlakatla Indian Community,
Annette Island Reserve.
(b) Retained Jurisdiction.--The jurisdiction and authority
of each Indian tribe in the State of Alaska under section
2265(e) of title 18, United States Code (as in effect on the
day before the date of enactment of this Act)--
(1) shall remain in full force and effect; and
(2) are not limited or diminished by this Act or any
amendment made by this Act.
(c) Savings Provision.--Nothing in this Act or an amendment
made by this Act limits or diminishes the jurisdiction of the
State of Alaska, any subdivision of the State of Alaska, or
any Indian tribe in the State of Alaska.
TITLE X--SAFER ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Sexual Assault Forensic
Evidence Reporting Act of 2013'' or the ``SAFER Act of
2013''.
SEC. 1002. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT
EVIDENCE BACKLOGS.
Section 2 of the DNA Analysis Backlog Elimination Act of
2000 (42 U.S.C. 14135) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(7) To conduct an audit consistent with subsection (n) of
the samples of sexual assault evidence that are in the
possession of the State or unit of local government and are
awaiting testing.
``(8) To ensure that the collection and processing of DNA
evidence by law enforcement agencies from crimes, including
sexual assault and other violent crimes against persons, is
carried out in an appropriate and timely manner and in
accordance with the protocols and practices developed under
subsection (o)(1).'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(4) Allocation of grant awards for audits.--For each of
fiscal years 2014 through 2017, not less than 5 percent, but
not more than 7 percent, of the grant amounts distributed
under paragraph (1) shall, if sufficient applications to
justify such amounts are received by the Attorney General, be
awarded for purposes described in subsection (a)(7), provided
that none of the funds required to be distributed under this
paragraph shall decrease or otherwise limit the availability
of funds required to be awarded to States or units of local
government under paragraph (3).''; and
(3) by adding at the end the following new subsections:
``(n) Use of Funds for Auditing Sexual Assault Evidence
Backlogs.--
``(1) Eligibility.--The Attorney General may award a grant
under this section to a State or unit of local government for
the purpose described in subsection (a)(7) only if the State
or unit of local government--
``(A) submits a plan for performing the audit of samples
described in such subsection; and
``(B) includes in such plan a good-faith estimate of the
number of such samples.
``(2) Grant conditions.--A State or unit of local
government receiving a grant for the purpose described in
subsection (a)(7)--
``(A) may not enter into any contract or agreement with any
non-governmental vendor laboratory to conduct an audit
described in subsection (a)(7); and
``(B) shall--
``(i) not later than 1 year after receiving the grant,
complete the audit referred to in paragraph (1)(A) in
accordance with the plan submitted under such paragraph;
``(ii) not later than 60 days after receiving possession of
a sample of sexual assault evidence that was not in the
possession of the State or unit of local government at the
time of the initiation of an audit under paragraph (1)(A),
subject to paragraph (4)(F), include in any required reports
under clause (v), the information listed under paragraph
(4)(B);
``(iii) for each sample of sexual assault evidence that is
identified as awaiting testing as part of the audit referred
to in paragraph (1)(A)--
``(I) assign a unique numeric or alphanumeric identifier to
each sample of sexual assault evidence that is in the
possession of the State or unit of local government and is
awaiting testing; and
``(II) identify the date or dates after which the State or
unit of local government would be barred by any applicable
statutes of limitations from prosecuting a perpetrator of the
sexual assault to which the sample relates;
``(iv) provide that--
``(I) the chief law enforcement officer of the State or
unit of local government, respectively, is the individual
responsible for the compliance of the State or unit of local
government, respectively, with the reporting requirements
described in clause (v); or
``(II) the designee of such officer may fulfill the
responsibility described in subclause (I) so long as such
designee is an employee of the State or unit of local
government, respectively, and is not an employee of any
governmental laboratory or non-governmental vendor
laboratory; and
``(v) comply with all grantee reporting requirements
described in paragraph (4).
``(3) Extension of initial deadline.--The Attorney General
may grant an extension of the deadline under paragraph
(2)(B)(i) to a State or unit of local government that
demonstrates that more time is required for compliance with
such paragraph.
``(4) Sexual assault forensic evidence reports.--
``(A) In general.--For not less than 12 months after the
completion of an initial count of sexual assault evidence
that is awaiting testing during an audit referred to in
paragraph (1)(A), a State or unit of local government that
receives a grant award under subsection (a)(7) shall, not
less than every 60 days, submit a report to the Department of
Justice, on a form prescribed by the Attorney General, which
shall contain the information required under subparagraph
(B).
``(B) Contents of reports.--A report under this paragraph
shall contain the following information:
``(i) The name of the State or unit of local government
filing the report.
``(ii) The period of dates covered by the report.
``(iii) The cumulative total number of samples of sexual
assault evidence that, at the end of the reporting period--
``(I) are in the possession of the State or unit of local
government at the reporting period;
``(II) are awaiting testing; and
``(III) the State or unit of local government has
determined should undergo DNA or other appropriate forensic
analyses.
``(iv) The cumulative total number of samples of sexual
assault evidence in the possession of the State or unit of
local government that, at the end of the reporting period,
the State or unit of local government has determined should
not undergo DNA or other appropriate forensic analyses,
provided that the reporting form shall allow for the State or
unit of local government, at its sole discretion, to explain
the reasoning for this determination in some or all cases.
``(v) The cumulative total number of samples of sexual
assault evidence in a total under clause (iii) that have been
submitted to a laboratory for DNA or other appropriate
forensic analyses.
``(vi) The cumulative total number of samples of sexual
assault evidence identified by an audit referred to in
paragraph (1)(A) or under paragraph (2)(B)(ii) for which DNA
or other appropriate forensic analysis has been completed at
the end of the reporting period.
``(vii) The total number of samples of sexual assault
evidence identified by the State or unit of local government
under paragraph (2)(B)(ii), since the previous reporting
period.
``(viii) The cumulative total number of samples of sexual
assault evidence described under clause (iii) for which the
State or unit of local government will be barred within 12
months by any applicable statute of limitations from
prosecuting a perpetrator of the sexual assault to which the
sample relates.
``(C) Publication of reports.--Not later than 7 days after
the submission of a report under this paragraph by a State or
unit of local government, the Attorney General shall, subject
to subparagraph (D), publish and disseminate a facsimile of
the full contents of such report on an appropriate internet
website.
[[Page S637]]
``(D) Personally identifiable information.--The Attorney
General shall ensure that any information published and
disseminated as part of a report under this paragraph, which
reports information under this subsection, does not include
personally identifiable information or details about a sexual
assault that might lead to the identification of the
individuals involved.
``(E) Optional reporting.--The Attorney General shall--
``(i) at the discretion of a State or unit of local
government required to file a report under subparagraph (A),
allow such State or unit of local government, at their sole
discretion, to submit such reports on a more frequent basis;
and
``(ii) make available to all States and units of local
government the reporting form created pursuant to
subparagraph (A), whether or not they are required to submit
such reports, and allow such States or units of local
government, at their sole discretion, to submit such reports
for publication.
``(F) Samples exempt from reporting requirement.--The
reporting requirements described in paragraph (2) shall not
apply to a sample of sexual assault evidence that--
``(i) is not considered criminal evidence (such as a sample
collected anonymously from a victim who is unwilling to make
a criminal complaint); or
``(ii) relates to a sexual assault for which the
prosecution of each perpetrator is barred by a statute of
limitations.
``(5) Definitions.--In this subsection:
``(A) Awaiting testing.--The term `awaiting testing' means,
with respect to a sample of sexual assault evidence, that--
``(i) the sample has been collected and is in the
possession of a State or unit of local government;
``(ii) DNA and other appropriate forensic analyses have not
been performed on such sample; and
``(iii) the sample is related to a criminal case or
investigation in which final disposition has not yet been
reached.
``(B) Final disposition.--The term `final disposition'
means, with respect to a criminal case or investigation to
which a sample of sexual assault evidence relates--
``(i) the conviction or acquittal of all suspected
perpetrators of the crime involved;
``(ii) a determination by the State or unit of local
government in possession of the sample that the case is
unfounded; or
``(iii) a declaration by the victim of the crime involved
that the act constituting the basis of the crime was not
committed.
``(C) Possession.--
``(i) In general.--The term `possession', used with respect
to possession of a sample of sexual assault evidence by a
State or unit of local government, includes possession by an
individual who is acting as an agent of the State or unit of
local government for the collection of the sample.
``(ii) Rule of construction.--Nothing in clause (i) shall
be construed to create or amend any Federal rights or
privileges for non-governmental vendor laboratories described
in regulations promulgated under section 210303 of the DNA
Identification Act of 1994 (42 U.S.C. 14131).
``(o) Establishment of Protocols, Technical Assistance, and
Definitions.--
``(1) Protocols and practices.--Not later than 18 months
after the date of enactment of the SAFER Act of 2013, the
Director, in consultation with Federal, State, and local law
enforcement agencies and government laboratories, shall
develop and publish a description of protocols and practices
the Director considers appropriate for the accurate, timely,
and effective collection and processing of DNA evidence,
including protocols and practices specific to sexual assault
cases, which shall address appropriate steps in the
investigation of cases that might involve DNA evidence,
including--
``(A) how to determine--
``(i) which evidence is to be collected by law enforcement
personnel and forwarded for testing;
``(ii) the preferred order in which evidence from the same
case is to be tested; and
``(iii) what information to take into account when
establishing the order in which evidence from different cases
is to be tested;
``(B) the establishment of a reasonable period of time in
which evidence is to be forwarded by emergency response
providers, law enforcement personnel, and prosecutors to a
laboratory for testing;
``(C) the establishment of reasonable periods of time in
which each stage of analytical laboratory testing is to be
completed;
``(D) systems to encourage communication within a State or
unit of local government among emergency response providers,
law enforcement personnel, prosecutors, courts, defense
counsel, crime laboratory personnel, and crime victims
regarding the status of crime scene evidence to be tested;
and
``(E) standards for conducting the audit of the backlog for
DNA case work in sexual assault cases required under
subsection (n).
``(2) Technical assistance and training.--The Director
shall make available technical assistance and training to
support States and units of local government in adopting and
implementing the protocols and practices developed under
paragraph (1) on and after the date on which the protocols
and practices are published.
``(3) Definitions.--In this subsection, the terms `awaiting
testing' and `possession' have the meanings given those terms
in subsection (n).''.
SEC. 1003. REPORTS TO CONGRESS.
Not later than 90 days after the end of each fiscal year
for which a grant is made for the purpose described in
section 2(a)(7) of the DNA Analysis Backlog Elimination Act
of 2000, as amended by section 1002, the Attorney General
shall submit to Congress a report that--
(1) lists the States and units of local government that
have been awarded such grants and the amount of the grant
received by each such State or unit of local government;
(2) states the number of extensions granted by the Attorney
General under section 2(n)(3) of the DNA Analysis Backlog
Elimination Act of 2000, as added by section 1002; and
(3) summarizes the processing status of the samples of
sexual assault evidence identified in Sexual Assault Forensic
Evidence Reports established under section 2(n)(4) of the DNA
Analysis Backlog Elimination Act of 2000, including the
number of samples that have not been tested.
SEC. 1004. REDUCING THE RAPE KIT BACKLOG.
Section 2(c)(3) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135(c)(3)) is amended--
(a) in subparagraph (B), by striking ``2014'' and
inserting ``2018''; and
(b) by adding at the end the following:
``(C) For each of fiscal years 2014 through 2018, not less
than 75 percent of the total grant amounts shall be awarded
for a combination of purposes under paragraphs (1), (2), and
(3) of subsection (a).''.
SEC. 1005. OVERSIGHT AND ACCOUNTABILITY.
All grants awarded by the Department of Justice that are
authorized under this title shall be subject to the
following:
(1) Audit requirement.--Beginning in fiscal year 2013, and
each fiscal year thereafter, the Inspector General of the
Department of Justice shall conduct audits of recipients of
grants under this title to prevent waste, fraud, and abuse of
funds by grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
(2) Mandatory exclusion.--A recipient of grant funds under
this title that is found to have an unresolved audit finding
shall not be eligible to receive grant funds under this title
during the 2 fiscal years beginning after the 12-month period
described in paragraph (5).
(3) Priority.--In awarding grants under this title, the
Attorney General shall give priority to eligible entities
that, during the 3 fiscal years before submitting an
application for a grant under this title, did not have an
unresolved audit finding showing a violation in the terms or
conditions of a Department of Justice grant program.
(4) Reimbursement.--If an entity is awarded grant funds
under this Act during the 2-fiscal-year period in which the
entity is barred from receiving grants under paragraph (2),
the Attorney General shall--
(A) deposit an amount equal to the grant funds that were
improperly awarded to the grantee into the General Fund of
the Treasury; and
(B) seek to recoup the costs of the repayment to the fund
from the grant recipient that was erroneously awarded grant
funds.
(5) Defined term.--In this section, the term ``unresolved
audit finding'' means an audit report finding in the final
audit report of the Inspector General of the Department of
Justice that the grantee has utilized grant funds for an
unauthorized expenditure or otherwise unallowable cost that
is not closed or resolved within a 12-month period beginning
on the date when the final audit report is issued.
(6) Nonprofit organization requirements.--
(A) Definition.--For purposes of this section and the grant
programs described in this title, the term `` `nonprofit
organization' '' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
(B) Prohibition.--The Attorney General shall not award a
grant under any grant program described in this title to a
nonprofit organization that holds money in offshore accounts
for the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
(C) Disclosure.--Each nonprofit organization that is
awarded a grant under a grant program described in this title
and uses the procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the compensation
of its officers, directors, trustees and key employees, shall
disclose to the Attorney General, in the application for the
grant, the process for determining such compensation,
including the independent persons involved in reviewing and
approving such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make the
information disclosed under this subsection available for
public inspection.
(7) Administrative expenses.--Unless otherwise explicitly
provided in authorizing legislation, not more than 7.5
percent of the amounts authorized to be appropriated under
this title may be used by the Attorney General for salaries
and administrative expenses of the Department of Justice.
(8) Conference expenditures.--
(A) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this title may be used by
the Attorney General or by any individual or organization
[[Page S638]]
awarded discretionary funds through a cooperative agreement
under this Act, to host or support any expenditure for
conferences that uses more than $20,000 in Department funds,
unless the Deputy Attorney General or the appropriate
Assistant Attorney General, Director, or principal deputy as
the Deputy Attorney General may designate, provides prior
written authorization that the funds may be expended to host
a conference.
(B) Written approval.--Written approval under subparagraph
(A) shall include a written estimate of all costs associated
with the conference, including the cost of all food and
beverages, audio/visual equipment, honoraria for speakers,
and any entertainment.
(C) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on all conference expenditures approved by
operation of this paragraph.
(9) Prohibition on lobbying activity.--
(A) In general.--Amounts authorized to be appropriated
under this title may not be utilized by any grant recipient
to--
(i) lobby any representative of the Department of Justice
regarding the award of grant funding; or
(ii) lobby any representative of a Federal, state, local,
or tribal government regarding the award of grant funding.
(B) Penalty.--If the Attorney General determines that any
recipient of a grant under this title has violated
subparagraph (A), the Attorney General shall--
(i) require the grant recipient to repay the grant in full;
and
(ii) prohibit the grant recipient from receiving another
grant under this title for not less than 5 years.
SEC. 1006. SUNSET.
Effective on December 31, 2018, subsections (a)(6) and (n)
of section 2 of the DNA Analysis Backlog Elimination Act of
2000 (42 U.S.C. 14135(a)(6) and (n)) are repealed.
TITLE XI--OTHER MATTERS
SEC. 1101. SEXUAL ABUSE IN CUSTODIAL SETTINGS.
(a) Suits by Prisoners.--Section 7(e) of the Civil Rights
of Institutionalized Persons Act (42 U.S.C. 1997e(e)) is
amended by inserting before the period at the end the
following: ``or the commission of a sexual act (as defined in
section 2246 of title 18, United States Code)''.
(b) United States as Defendant.--Section 1346(b)(2) of
title 28, United States Code, is amended by inserting before
the period at the end the following: ``or the commission of a
sexual act (as defined in section 2246 of title 18)''.
(c) Adoption and Effect of National Standards.--Section 8
of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15607)
is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Applicability to Detention Facilities Operated by the
Department of Homeland Security.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Violence Against Women Reauthorization
Act of 2013, the Secretary of Homeland Security shall publish
a final rule adopting national standards for the detection,
prevention, reduction, and punishment of rape and sexual
assault in facilities that maintain custody of aliens
detained for a violation of the immigrations laws of the
United States.
``(2) Applicability.--The standards adopted under paragraph
(1) shall apply to detention facilities operated by the
Department of Homeland Security and to detention facilities
operated under contract with the Department.
``(3) Compliance.--The Secretary of Homeland Security
shall--
``(A) assess compliance with the standards adopted under
paragraph (1) on a regular basis; and
``(B) include the results of the assessments in performance
evaluations of facilities completed by the Department of
Homeland Security.
``(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Homeland Security shall give
due consideration to the recommended national standards
provided by the Commission under section 7(e).
``(5) Definition.--As used in this section, the term
`detention facilities operated under contract with the
Department' includes, but is not limited to contract
detention facilities and detention facilities operated
through an intergovernmental service agreement with the
Department of Homeland Security.
``(d) Applicability to Custodial Facilities Operated by the
Department of Health and Human Services.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Violence Against Women Reauthorization
Act of 2013, the Secretary of Health and Human Services shall
publish a final rule adopting national standards for the
detection, prevention, reduction, and punishment of rape and
sexual assault in facilities that maintain custody of
unaccompanied alien children (as defined in section 462(g) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g))).
``(2) Applicability.--The standards adopted under paragraph
(1) shall apply to facilities operated by the Department of
Health and Human Services and to facilities operated under
contract with the Department.
``(3) Compliance.--The Secretary of Health and Human
Services shall--
``(A) assess compliance with the standards adopted under
paragraph (1) on a regular basis; and
``(B) include the results of the assessments in performance
evaluations of facilities completed by the Department of
Health and Human Services.
``(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Health and Human Services
shall give due consideration to the recommended national
standards provided by the Commission under section 7(e).''.
SEC. 1102. ANONYMOUS ONLINE HARASSMENT.
Section 223(a)(1) of the Communications Act of 1934 (47
U.S.C. 223(a)(1)) is amended--
(1) in subparagraph (A), in the undesignated matter
following clause (ii), by striking ``annoy,'';
(2) in subparagraph (C)--
(A) by striking ``annoy,''; and
(B) by striking ``harass any person at the called number or
who receives the communication'' and inserting ``harass any
specific person''; and
(3) in subparagraph (E), by striking ``harass any person at
the called number or who receives the communication'' and
inserting ``harass any specific person''.
SEC. 1103. STALKER DATABASE.
Section 40603 of the Violence Against Women Act of 1994 (42
U.S.C. 14032) is amended by striking ``$3,000,000'' and all
that follows and inserting ``$3,000,000 for fiscal years 2014
through 2018.''.
SEC. 1104. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.
Section 40114 of the Violence Against Women Act of 1994
(Public Law 103-322; 108 Stat. 1910) is amended by striking
``fiscal years 2007 through 2011'' and inserting ``fiscal
years 2014 through 2018''.
SEC. 1105. CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL
PERSONNEL AND PRACTITIONERS REAUTHORIZATION.
Subtitle C of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13024) is amended in subsection (a) by striking
``$2,300,000'' and all that follows and inserting
``$2,300,000 for each of fiscal years 2014 through 2018.''.
TITLE XII--TRAFFICKING VICTIMS PROTECTION
Subtitle A--Combating International Trafficking in Persons
SEC. 1201. REGIONAL STRATEGIES FOR COMBATING TRAFFICKING IN
PERSONS.
Section 105 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7103) is amended--
(1) in subsection (d)(7)(J), by striking ``section 105(f)
of this division'' and inserting ``subsection (g)'';
(2) in subsection (e)(2)--
(A) by striking ``(2) COORDINATION OF CERTAIN ACTIVITIES.--
'' and all that follows through ``exploitation.'';
(B) by redesignating subparagraph (B) as paragraph (2), and
moving such paragraph, as so redesignated, 2 ems to the left;
and
(C) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and moving such subparagraphs, as
so redesignated, 2 ems to the left;
(3) by redesignating subsection (f) as subsection (g); and
(4) by inserting after subsection (e) the following:
``(f) Regional Strategies for Combating Trafficking in
Persons.--Each regional bureau in the Department of State
shall contribute to the realization of the anti-trafficking
goals and objectives of the Secretary of State. Each year, in
cooperation with the Office to Monitor and Combat Trafficking
in Persons, each regional bureau shall submit a list of anti-
trafficking goals and objectives to the Secretary of State
for each country in the geographic area of responsibilities
of the regional bureau. Host governments shall be informed of
the goals and objectives for their particular country and, to
the extent possible, host government officials should be
consulted regarding the goals and objectives.''.
SEC. 1202. PARTNERSHIPS AGAINST SIGNIFICANT TRAFFICKING IN
PERSONS.
The Trafficking Victims Protection Act of 2000 is amended
by inserting after section 105 (22 U.S.C. 7103) the
following:
``SEC. 105A. CREATING, BUILDING, AND STRENGTHENING
PARTNERSHIPS AGAINST SIGNIFICANT TRAFFICKING IN
PERSONS.
``(a) Declaration of Purpose.--The purpose of this section
is to promote collaboration and cooperation--
``(1) between the United States Government and governments
listed on the annual Trafficking in Persons Report;
``(2) between foreign governments and civil society actors;
and
``(3) between the United States Government and private
sector entities.
``(b) Partnerships.--The Director of the office established
pursuant to section 105(e)(1) of this Act, in coordination
and cooperation with other officials at the Department of
State, officials at the Department of Labor, and other
relevant officials of the United States Government, shall
promote, build, and sustain partnerships between the United
States Government and private entities, including
foundations, universities, corporations, community-based
organizations, and other nongovernmental organizations, to
ensure that--
``(1) United States citizens do not use any item, product,
or material produced or extracted with the use and labor from
victims of severe forms of trafficking; and
[[Page S639]]
``(2) such entities do not contribute to trafficking in
persons involving sexual exploitation.
``(c) Program To Address Emergency Situations.--The
Secretary of State, acting through the Director established
pursuant to section 105(e)(1) of this Act, is authorized to
establish a fund to assist foreign governments in meeting
unexpected, urgent needs in prevention of trafficking in
persons, protection of victims, and prosecution of
trafficking offenders.
``(d) Child Protection Compacts.--
``(1) In general.--The Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development, the Secretary of Labor, and the
heads of other relevant agencies, is authorized to provide
assistance under this section for each country that enters
into a child protection compact with the United States to
support policies and programs that--
``(A) prevent and respond to violence, exploitation, and
abuse against children; and
``(B) measurably reduce the trafficking of minors by
building sustainable and effective systems of justice,
prevention, and protection.
``(2) Elements.--A child protection compact under this
subsection shall establish a multi-year plan for achieving
shared objectives in furtherance of the purposes of this Act.
The compact should take into account, if applicable, the
national child protection strategies and national action
plans for human trafficking of a country, and shall
describe--
``(A) the specific objectives the foreign government and
the United States Government expect to achieve during the
term of the compact;
``(B) the responsibilities of the foreign government and
the United States Government in the achievement of such
objectives;
``(C) the particular programs or initiatives to be
undertaken in the achievement of such objectives and the
amount of funding to be allocated to each program or
initiative by both countries;
``(D) regular outcome indicators to monitor and measure
progress toward achieving such objectives;
``(E) a multi-year financial plan, including the estimated
amount of contributions by the United States Government and
the foreign government, and proposed mechanisms to implement
the plan and provide oversight;
``(F) how a country strategy will be developed to sustain
progress made toward achieving such objectives after
expiration of the compact; and
``(G) how child protection data will be collected, tracked,
and managed to provide strengthened case management and
policy planning.
``(3) Form of assistance.--Assistance under this subsection
may be provided in the form of grants, cooperative
agreements, or contracts to or with national governments,
regional or local governmental units, or non-governmental
organizations or private entities with expertise in the
protection of victims of severe forms of trafficking in
persons.
``(4) Eligible countries.--The Secretary of State, in
consultation with the agencies set forth in paragraph (1) and
relevant officers of the Department of Justice, shall select
countries with which to enter into child protection compacts.
The selection of countries under this paragraph shall be
based on--
``(A) the selection criteria set forth in paragraph (5);
and
``(B) objective, documented, and quantifiable indicators,
to the maximum extent possible.
``(5) Selection criteria.--A country shall be selected
under paragraph (4) on the basis of criteria developed by the
Secretary of State in consultation with the Administrator of
the United States Agency for International Development and
the Secretary of Labor. Such criteria shall include--
``(A) a documented high prevalence of trafficking in
persons within the country; and
``(B) demonstrated political motivation and sustained
commitment by the government of such country to undertake
meaningful measures to address severe forms of trafficking in
persons, including prevention, protection of victims, and the
enactment and enforcement of anti-trafficking laws against
perpetrators.
``(6) Suspension and termination of assistance.--
``(A) In general.--The Secretary may suspend or terminate
assistance provided under this subsection in whole or in part
for a country or entity if the Secretary determines that--
``(i) the country or entity is engaged in activities that
are contrary to the national security interests of the United
States;
``(ii) the country or entity has engaged in a pattern of
actions inconsistent with the criteria used to determine the
eligibility of the country or entity, as the case may be; or
``(iii) the country or entity has failed to adhere to its
responsibilities under the Compact.
``(B) Reinstatement.--The Secretary may reinstate
assistance for a country or entity suspended or terminated
under this paragraph only if the Secretary determines that
the country or entity has demonstrated a commitment to
correcting each condition for which assistance was suspended
or terminated under subparagraph (A).''.
SEC. 1203. PROTECTION AND ASSISTANCE FOR VICTIMS OF
TRAFFICKING.
(a) Task Force Activities.--Section 105(d)(6) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7103(d)(6)) is amended by inserting ``, and make reasonable
efforts to distribute information to enable all relevant
Federal Government agencies to publicize the National Human
Trafficking Resource Center Hotline on their websites, in all
headquarters offices, and in all field offices throughout the
United States'' before the period at the end.
(b) Congressional Briefing.--Section 107(a)(2) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(a)(2)) is amended by inserting ``and shall brief
Congress annually on such efforts'' before the period at the
end.
SEC. 1204. MINIMUM STANDARDS FOR THE ELIMINATION OF
TRAFFICKING.
Section 108(b) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7106(b)) is amended--
(1) in paragraph (3)--
(A) by striking ``peacekeeping'' and inserting
``diplomatic, peacekeeping,'';
(B) by striking ``, and measures'' and inserting ``, a
transparent system for remediating or punishing such public
officials as a deterrent, measures''; and
(C) by inserting ``, effective bilateral, multilateral, or
regional information sharing and cooperation arrangements
with other countries, and effective policies or laws
regulating foreign labor recruiters and holding them civilly
and criminally liable for fraudulent recruiting'' before the
period at the end;
(2) in paragraph (4), by inserting ``and has entered into
bilateral, multilateral, or regional law enforcement
cooperation and coordination arrangements with other
countries'' before the period at the end;
(3) in paragraph (7)--
(A) by inserting ``, including diplomats and soldiers,''
after ``public officials'';
(B) by striking ``peacekeeping'' and inserting
``diplomatic, peacekeeping,''; and
(C) by inserting ``A government's failure to appropriately
address public allegations against such public officials,
especially once such officials have returned to their home
countries, shall be considered inaction under these
criteria.'' after ``such trafficking.'';
(4) by redesignating paragraphs (9) through (11) as
paragraphs (10) through (12), respectively; and
(5) by inserting after paragraph (8) the following:
``(9) Whether the government has entered into effective,
transparent partnerships, cooperative arrangements, or
agreements that have resulted in concrete and measurable
outcomes with--
``(A) domestic civil society organizations, private sector
entities, or international nongovernmental organizations, or
into multilateral or regional arrangements or agreements, to
assist the government's efforts to prevent trafficking,
protect victims, and punish traffickers; or
``(B) the United States toward agreed goals and objectives
in the collective fight against trafficking.''.
SEC. 1205. BEST PRACTICES IN TRAFFICKING IN PERSONS
ERADICATION.
Section 110(b) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``with respect to the status of severe
forms of trafficking in persons that shall include--'' and
inserting ``describing the anti-trafficking efforts of the
United States and foreign governments according to the
minimum standards and criteria enumerated in section 108, and
the nature and scope of trafficking in persons in each
country and analysis of the trend lines for individual
governmental efforts. The report should include--'';
(B) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(D) by inserting at the end the following:
``(G) a section entitled `Promising Practices in the
Eradication of Trafficking in Persons' to highlight effective
practices and use of innovation and technology in prevention,
protection, prosecution, and partnerships, including by
foreign governments, the private sector, and domestic civil
society actors.'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(4) in paragraph (2), as redesignated, by adding at the end
the following:
``(E) Public notice.--Not later than 30 days after
notifying Congress of each country determined to have met the
requirements under subclauses (I) through (III) of
subparagraph (D)(ii), the Secretary of State shall provide a
detailed description of the credible evidence supporting such
determination on a publicly available website maintained by
the Department of State.''.
SEC. 1206. PROTECTIONS FOR DOMESTIC WORKERS AND OTHER
NONIMMIGRANTS.
Section 202 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1375b) is
amended--
(1) in subsection (a)--
(A) in the subsection heading, by inserting ``and Video for
Consular Waiting Rooms'' after ``Information Pamphlet''; and
(B) in paragraph (1)--
(i) by inserting ``and video'' after ``information
pamphlet''; and
(ii) by adding at the end the following: ``The video shall
be distributed and shown in consular waiting rooms in
embassies and consulates appropriate to the circumstances
that are determined to have the greatest
[[Page S640]]
concentration of employment or education-based non-immigrant
visa applicants, and where sufficient video facilities exist
in waiting or other rooms where applicants wait or convene.
The Secretary of State is authorized to augment video
facilities in such consulates or embassies in order to
fulfill the purposes of this section.'';
(2) in subsection (b), by inserting ``and video'' after
``information pamphlet'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``and produce or dub the
video'' after ``information pamphlet''; and
(B) in paragraph (2), by inserting ``and the video produced
or dubbed'' after ``translated''; and
(4) in subsection (d)--
(A) in paragraph (1), by inserting ``and video'' after
``information pamphlet'';
(B) in paragraph (2), by inserting ``and video'' after
``information pamphlet''; and
(C) by adding at the end the following:
``(4) Deadline for video development and distribution.--Not
later than 1 year after the date of the enactment of the
Violence Against Women Reauthorization Act of 2013, the
Secretary of State shall make available the video developed
under subsection (a) produced or dubbed in all the languages
referred to in subsection (c).''.
SEC. 1207. PREVENTION OF CHILD MARRIAGE.
(a) In General.--Section 106 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7104) is amended by adding
at the end the following:
``(j) Prevention of Child Trafficking Through Child
Marriage.--The Secretary of State shall establish and
implement a multi-year, multi-sectoral strategy--
``(1) to prevent child marriage;
``(2) to promote the empowerment of girls at risk of child
marriage in developing countries;
``(3) that should address the unique needs,
vulnerabilities, and potential of girls younger than 18 years
of age in developing countries;
``(4) that targets areas in developing countries with high
prevalence of child marriage; and
``(5) that includes diplomatic and programmatic
initiatives.''.
(b) Inclusion of Child Marriage Status in Reports.--The
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended--
(1) in section 116 (22 U.S.C. 2151n), by adding at the end
the following:
``(g) Child Marriage Status.--
``(1) In general.--The report required under subsection (d)
shall include, for each country in which child marriage is
prevalent, a description of the status of the practice of
child marriage in such country.
``(2) Defined term.--In this subsection, the term `child
marriage' means the marriage of a girl or boy who is--
``(A) younger than the minimum age for marriage under the
laws of the country in which such girl or boy is a resident;
or
``(B) younger than 18 years of age, if no such law
exists.''; and
(2) in section 502B (22 U.S.C. 2304), by adding at the end
the following:
``(i) Child Marriage Status.--
``(1) In general.--The report required under subsection (b)
shall include, for each country in which child marriage is
prevalent, a description of the status of the practice of
child marriage in such country.
``(2) Defined term.--In this subsection, the term `child
marriage' means the marriage of a girl or boy who is--
``(A) younger than the minimum age for marriage under the
laws of the country in which such girl or boy is a resident;
or
``(B) younger than 18 years of age, if no such law
exists.''.
SEC. 1208. CHILD SOLDIERS.
Section 404 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (22 U.S.C. 2370c-1) is
amended--
(1) in subsection (a), by striking ``(b), (c), and (d), the
authorities contained in section 516 or 541 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j or 2347)'' and
inserting ``(b) through (f), the authorities contained in
sections 516, 541, and 551 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j, 2347, and 2348)''; and
(2) by adding at the end the following:
``(f) Exception for Peacekeeping Operations.--The
limitation set forth in subsection (a) that relates to
section 551 of the Foreign Assistance Act of 1961 shall not
apply to programs that support military professionalization,
security sector reform, heightened respect for human rights,
peacekeeping preparation, or the demobilization and
reintegration of child soldiers.''.
Subtitle B--Combating Trafficking in Persons in the United States
PART I--PENALTIES AGAINST TRAFFICKERS AND OTHER CRIMES
SEC. 1211. CRIMINAL TRAFFICKING OFFENSES.
(a) RICO Amendment.--Section 1961(1)(B) of title 18, United
States Code, is amended by inserting ``section 1351 (relating
to fraud in foreign labor contracting),'' before ``section
1425''.
(b) Engaging in Illicit Sexual Conduct in Foreign Places.--
Section 2423(c) of title 18, United States Code, is amended
by inserting ``or resides, either temporarily or permanently,
in a foreign country'' after ``commerce''.
(c) Unlawful Conduct With Respect to Documents.--
(1) In general.--Chapter 77 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1597. Unlawful conduct with respect to immigration
documents
``(a) Destruction, Concealment, Removal, Confiscation, or
Possession of Immigration Documents.--It shall be unlawful
for any person to knowingly destroy, conceal, remove,
confiscate, or possess, an actual or purported passport or
other immigration document of another individual --
``(1) in the course of violating section 1351 of this title
or section 274 of the Immigration and Nationality Act (8
U.S.C. 1324);
``(2) with intent to violate section 1351 of this title or
section 274 of the Immigration and Nationality Act (8 U.S.C.
1324); or
``(3) in order to, without lawful authority, maintain,
prevent, or restrict the labor of services of the individual.
``(b) Penalty.--Any person who violates subsection (a)
shall be fined under this title, imprisoned for not more than
1 year, or both.
``(c) Obstruction.--Any person who knowingly obstructs,
attempts to obstruct, or in any way interferes with or
prevents the enforcement of this section, shall be subject to
the penalties described in subsection (b).''.
(2) Technical and conforming amendment.--The table of
sections for chapter 77 of title 18, United States Code, is
amended by adding at the end the following:
``1597. Unlawful conduct with respect to immigration documents.''.
SEC. 1212. CIVIL REMEDIES; CLARIFYING DEFINITION.
(a) Civil Remedy for Personal Injuries.--Section 2255 of
title 18, United States Code, is amended--
(1) in subsection (a), by striking ``section 2241(c)'' and
inserting ``section 1589, 1590, 1591, 2241(c)''; and
(2) in subsection (b), by striking ``six years'' and
inserting ``10 years''.
(b) Definition.--
(1) In general.--Section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102) is amended--
(A) by redesignating paragraphs (1) through (14) as
paragraphs (2) through (15), respectively;
(B) by inserting before paragraph (2), as redesignated, the
following:
``(1) Abuse or threatened abuse of law or legal process.--
The term `abuse or threatened abuse of the legal process'
means the use or threatened use of a law or legal process,
whether administrative, civil, or criminal, in any manner or
for any purpose for which the law was not designed, in order
to exert pressure on another person to cause that person to
take some action or refrain from taking some action.'';
(C) in paragraph (14), as redesignated, by striking
``paragraph (8)'' and inserting ``paragraph (9)''; and
(D) in paragraph (15), as redesignated, by striking
``paragraph (8) or (9)'' and inserting ``paragraph (9) or
(10)''.
(2) Technical and conforming amendments.--
(A) Trafficking victims protection act of 2000.--The
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
eq.) is amended--
(i) in section 110(e) (22 U.S.C. 7107(e))--
(I) by striking ``section 103(7)(A)'' and inserting
``section 103(8)(A)''; and
(II) by striking ``section 103(7)(B)'' and inserting
``section 103(8)(B)''; and
(ii) in section 113(g)(2) (22 U.S.C. 7110(g)(2)), by
striking ``section 103(8)(A)'' and inserting ``section
103(9)(A)''.
(B) North korean human rights act of 2004.--Section
203(b)(2) of the North Korean Human Rights Act of 2004 (22
U.S.C. 7833(b)(2)) is amended by striking ``section 103(14)''
and inserting ``section 103(15)''.
(C) Trafficking victims protection reauthorization act of
2005.--Section 207 of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044e) is amended--
(i) in paragraph (1), by striking ``section 103(8)'' and
inserting ``section 103(9)'';
(ii) in paragraph (2), by striking ``section 103(9)'' and
inserting ``section 103(10)''; and
(iii) in paragraph (3), by striking ``section 103(3)'' and
inserting ``section 103(4)''.
(D) Violence against women and department of justice
reauthorization act of 2005.--Section 111(a)(1) of the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14044f(a)(1)) is
amended by striking ``paragraph (8)'' and inserting
``paragraph (9)''.
PART II--ENSURING AVAILABILITY OF POSSIBLE WITNESSES AND INFORMANTS
SEC. 1221. PROTECTIONS FOR TRAFFICKING VICTIMS WHO COOPERATE
WITH LAW ENFORCEMENT.
Section 101(a)(15)(T)(ii)(III) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(T)(ii)(III) is amended
by inserting ``, or any adult or minor children of a
derivative beneficiary of the alien, as'' after ``age''.
SEC. 1222. PROTECTION AGAINST FRAUD IN FOREIGN LABOR
CONTRACTING.
Section 101(a)(15)(U)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended by
inserting ``fraud in foreign labor contracting (as defined in
section 1351 of title 18, United States Code);'' after
``perjury;''.
PART III--ENSURING INTERAGENCY COORDINATION AND EXPANDED REPORTING
SEC. 1231. REPORTING REQUIREMENTS FOR THE ATTORNEY GENERAL.
Section 105(d)(7) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7103(d)(7)) is amended--
[[Page S641]]
(1) by redesignating subparagraphs (D) through (J) as
subparagraphs (I) through (O);
(2) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) the number of persons who have been granted continued
presence in the United States under section 107(c)(3) during
the preceding fiscal year and the mean and median time taken
to adjudicate applications submitted under such section,
including the time from the receipt of an application by law
enforcement to the issuance of continued presence, and a
description of any efforts being taken to reduce the
adjudication and processing time while ensuring the safe and
competent processing of the applications;
``(C) the number of persons who have applied for, been
granted, or been denied a visa or otherwise provided status
under subparagraph (T)(i) or (U)(i) of section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15))
during the preceding fiscal year;
``(D) the number of persons who have applied for, been
granted, or been denied a visa or status under clause (ii) of
section 101(a)(15)(T) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(T)) during the preceding fiscal year,
broken down by the number of such persons described in
subclauses (I), (II), and (III) of such clause (ii);
``(E) the amount of Federal funds expended in direct
benefits paid to individuals described in subparagraph (D) in
conjunction with T visa status;
``(F) the number of persons who have applied for, been
granted, or been denied a visa or status under section
101(a)(15)(U)(i) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(U)(i)) during the preceding fiscal year;
``(G) the mean and median time in which it takes to
adjudicate applications submitted under the provisions of law
set forth in subparagraph (C), including the time between the
receipt of an application and the issuance of a visa and work
authorization;
``(H) any efforts being taken to reduce the adjudication
and processing time, while ensuring the safe and competent
processing of the applications;'';
(3) in subparagraph (N)(iii), as redesignated, by striking
``and'' at the end;
(4) in subparagraph (O), as redesignated, by striking the
period at the end and inserting ``; and''; and
(5) by adding at the end the following:
``(P) the activities undertaken by Federal agencies to
train appropriate State, tribal, and local government and law
enforcement officials to identify victims of severe forms of
trafficking, including both sex and labor trafficking;
``(Q) the activities undertaken by Federal agencies in
cooperation with State, tribal, and local law enforcement
officials to identify, investigate, and prosecute offenses
under sections 1581, 1583, 1584, 1589, 1590, 1592, and 1594
of title 18, United States Code, or equivalent State
offenses, including, in each fiscal year--
``(i) the number, age, gender, country of origin, and
citizenship status of victims identified for each offense;
``(ii) the number of individuals charged, and the number of
individuals convicted, under each offense;
``(iii) the number of individuals referred for prosecution
for State offenses, including offenses relating to the
purchasing of commercial sex acts;
``(iv) the number of victims granted continued presence in
the United States under section 107(c)(3); and
``(v) the number of victims granted a visa or otherwise
provided status under subparagraph (T)(i) or (U)(i) of
section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)); and
``(R) the activities undertaken by the Department of
Justice and the Department of Health and Human Services to
meet the specific needs of minor victims of domestic
trafficking, including actions taken pursuant to subsection
(f) and section 202(a) of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044(a)), and the
steps taken to increase cooperation among Federal agencies to
ensure the effective and efficient use of programs for which
the victims are eligible.''.
SEC. 1232. REPORTING REQUIREMENTS FOR THE SECRETARY OF LABOR.
Section 105(b) of the Trafficking Victims Protection Act of
2005 (22 U.S.C. 7112(b)) is amended by adding at the end the
following:
``(3) Submission to congress.--Not later than December 1,
2014, and every 2 years thereafter, the Secretary of Labor
shall submit the list developed under paragraph (2)(C) to
Congress.''.
SEC. 1233. INFORMATION SHARING TO COMBAT CHILD LABOR AND
SLAVE LABOR.
Section 105(a) of the Trafficking Victims Protection Act of
2005 (22 U.S.C. 7112(a)) is amended by adding at the end the
following:
``(3) Information sharing.--The Secretary of State shall,
on a regular basis, provide information relating to child
labor and forced labor in the production of goods in
violation of international standards to the Department of
Labor to be used in developing the list described in
subsection (b)(2)(C).''.
SEC. 1234. GOVERNMENT TRAINING EFFORTS TO INCLUDE THE
DEPARTMENT OF LABOR.
Section 107(c)(4) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7105(c)(4)) is amended--
(1) in the first sentence, by inserting ``the Department of
Labor, the Equal Employment Opportunity Commission,'' before
``and the Department''; and
(2) in the second sentence, by inserting ``, in
consultation with the Secretary of Labor,'' before ``shall
provide''.
SEC. 1235. GAO REPORT ON THE USE OF FOREIGN LABOR
CONTRACTORS.
(a) In General.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit a report on the use of foreign
labor contractors to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(3) the Committee on the Judiciary of the House of
Representatives; and
(4) the Committee on Education and the Workforce of the
House of Representatives.
(b) Contents.--The report under subsection (a) should, to
the extent possible--
(1) address the role and practices of United States
employers in--
(A) the use of labor recruiters or brokers; or
(B) directly recruiting foreign workers;
(2) analyze the laws that protect such workers, both
overseas and domestically;
(3) describe the oversight and enforcement mechanisms in
Federal departments and agencies for such laws; and
(4) identify any gaps that may exist in these protections;
and
(5) recommend possible actions for Federal departments and
agencies to combat any abuses.
(c) Requirements.--The report under subsection (a) shall--
(1) describe the role of labor recruiters or brokers
working in countries that are sending workers and receiving
funds, including any identified involvement in labor abuses;
(2) describe the role and practices of employers in the
United States that commission labor recruiters or brokers or
directly recruit foreign workers;
(3) describe the role of Federal departments and agencies
in overseeing and regulating the foreign labor recruitment
process, including certifying and enforcing under existing
regulations;
(4) describe the type of jobs and the numbers of positions
in the United States that have been filled through foreign
workers during each of the last 8 years, including positions
within the Federal Government;
(5) describe any efforts or programs undertaken by Federal,
State and local government entities to encourage employers,
directly or indirectly, to use foreign workers or to reward
employers for using foreign workers; and
(6) based on the information required under paragraphs (1)
through (3), identify any common abuses of foreign workers
and the employment system, including the use of fees and
debts, and recommendations of actions that could be taken by
Federal departments and agencies to combat any identified
abuses.
SEC. 1236. ACCOUNTABILITY.
All grants awarded by the Attorney General under this title
or an Act amended by this title shall be subject to the
following accountability provisions:
(1) Audit requirement.--
(A) Definition.--In this paragraph, the term ``unresolved
audit finding'' means an audit report finding in the final
audit report of the Inspector General of the Department of
Justice that the grantee has used grant funds for an
unauthorized expenditure or otherwise unallowable cost that
is not closed or resolved during the 12-month period
beginning on the date on which the final audit report is
issued
(B) Requirement.--Beginning in the first fiscal year
beginning after the date of enactment of this Act, and in
each fiscal year thereafter, the Inspector General of the
Department of Justice shall conduct audits of recipients of
grants under this title or an Act amended by this title to
prevent waste, fraud, and abuse of funds by grantees. The
Inspector General shall determine the appropriate number of
grantees to be audited each year.
(C) Mandatory exclusion.--A recipient of grant funds under
this title or an Act amended by this title that is found to
have an unresolved audit finding shall not be eligible to
receive grant funds under this title or an Act amended by
this title during the first 2 fiscal years beginning after
the end of the 12-month period described in subparagraph (A).
(D) Priority.--In awarding grants under this title or an
Act amended by this title, the Attorney General shall give
priority to eligible applicants that did not have an
unresolved audit finding during the 3 fiscal years before
submitting an application for a grant under this title or an
Act amended by this title.
(E) Reimbursement.--If an entity is awarded grant funds
under this title or an Act amended by this title during the
2-fiscal-year period during which the entity is barred from
receiving grants under subparagraph (C), the Attorney General
shall--
(i) deposit an amount equal to the amount of the grant
funds that were improperly awarded to the grantee into the
General Fund of the Treasury; and
(ii) seek to recoup the costs of the repayment to the fund
from the grant recipient that was erroneously awarded grant
funds.
(2) Nonprofit organization requirements.--
(A) Definition.--For purposes of this paragraph and the
grant programs under this
[[Page S642]]
title or an Act amended by this title, the term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
(B) Prohibition.--The Attorney General may not award a
grant under this title or an Act amended by this title to a
nonprofit organization that holds money in offshore accounts
for the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
(C) Disclosure.--Each nonprofit organization that is
awarded a grant under this title or an Act amended by this
title and uses the procedures prescribed in regulations to
create a rebuttable presumption of reasonableness for the
compensation of its officers, directors, trustees and key
employees, shall disclose to the Attorney General, in the
application for the grant, the process for determining such
compensation, including the independent persons involved in
reviewing and approving such compensation, the comparability
data used, and contemporaneous substantiation of the
deliberation and decision. Upon request, the Attorney General
shall make the information disclosed under this subparagraph
available for public inspection.
(3) Conference expenditures.--
(A) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this title or an Act
amended by this title may be used by the Attorney General, or
by any individual or entity awarded discretionary funds
through a cooperative agreement under this title or an Act
amended by this title, to host or support any expenditure for
conferences that uses more than $20,000 in funds made
available to the Department of Justice, unless the Deputy
Attorney General or the appropriate Assistant Attorney
General, Director, or principal deputy (as designated by the
Deputy Attorney General) provides prior written authorization
that the funds may be expended to host the conference.
(B) Written approval.--Written approval under subparagraph
(A) shall include a written estimate of all costs associated
with the conference, including the cost of all food,
beverages, audio-visual equipment, honoraria for speakers,
and entertainment.
(C) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on all conference expenditures approved under
this paragraph.
(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this Act, the
Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate
and the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification indicating whether--
(A) all audits issued by the Office of the Inspector
General under paragraph (1) have been completed and reviewed
by the appropriate Assistant Attorney General or Director;
(B) all mandatory exclusions required under paragraph
(1)(C) have been issued;
(C) all reimbursements required under paragraph (1)(E) have
been made; and
(D) includes a list of any grant recipients excluded under
paragraph (1) from the previous year.
PART IV--ENHANCING STATE AND LOCAL EFFORTS TO COMBAT TRAFFICKING IN
PERSONS
SEC. 1241. ASSISTANCE FOR DOMESTIC MINOR SEX TRAFFICKING
VICTIMS.
(a) In General.--Section 202 of the Trafficking Victims
Protection Reauthorization Act of 2005 (42 U.S.C. 14044a) is
amended to read as follows:
``SEC. 202. ESTABLISHMENT OF A GRANT PROGRAM TO DEVELOP,
EXPAND, AND STRENGTHEN ASSISTANCE PROGRAMS FOR
CERTAIN PERSONS SUBJECT TO TRAFFICKING.
``(a) Definitions.--In this section:
``(1) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary for Children and Families of
the Department of Health and Human Services.
``(2) Assistant attorney general.--The term `Assistant
Attorney General' means the Assistant Attorney General for
the Office of Justice Programs of the Department of Justice.
``(3) Eligible entity.--The term `eligible entity' means a
State or unit of local government that--
``(A) has significant criminal activity involving sex
trafficking of minors;
``(B) has demonstrated cooperation between Federal, State,
local, and, where applicable, tribal law enforcement
agencies, prosecutors, and social service providers in
addressing sex trafficking of minors;
``(C) has developed a workable, multi-disciplinary plan to
combat sex trafficking of minors, including--
``(i) building or establishing a residential care facility
for minor victims of sex trafficking;
``(ii) the provision of rehabilitative care to minor
victims of sex trafficking;
``(iii) the provision of specialized training for law
enforcement officers and social service providers for all
forms of sex trafficking, with a focus on sex trafficking of
minors;
``(iv) prevention, deterrence, and prosecution of offenses
involving sex trafficking of minors;
``(v) cooperation or referral agreements with organizations
providing outreach or other related services to runaway and
homeless youth; and
``(vi) law enforcement protocols or procedures to screen
all individuals arrested for prostitution, whether adult or
minor, for victimization by sex trafficking and by other
crimes, such as sexual assault and domestic violence; and
``(D) provides assurance that a minor victim of sex
trafficking shall not be required to collaborate with law
enforcement to have access to residential care or services
provided with a grant under this section.
``(4) Minor victim of sex trafficking.--The term `minor
victim of sex trafficking' means an individual who--
``(A) is younger than 18 years of age, and is a victim of
an offense described in section 1591(a) of title 18, United
States Code, or a comparable State law; or
``(B)(i) is not younger than 18 years of age nor older than
20 years of age;
``(ii) before the individual reached 18 years of age, was
described in subparagraph (A); and
``(iii) was receiving shelter or services as a minor victim
of sex trafficking.
``(5) Qualified nongovernmental organization.--The term
`qualified nongovernmental organization' means an
organization that--
``(A) is not a State or unit of local government, or an
agency of a State or unit of local government;
``(B) has demonstrated experience providing services to
victims of sex trafficking or related populations (such as
runaway and homeless youth), or employs staff specialized in
the treatment of sex trafficking victims; and
``(C) demonstrates a plan to sustain the provision of
services beyond the period of a grant awarded under this
section.
``(6) Sex trafficking of a minor.--The term `sex
trafficking of a minor' means an offense described in section
1591(a) of title 18, United States Code, or a comparable
State law, against a minor.
``(b) Sex Trafficking Block Grants.--
``(1) Grants authorized.--
``(A) In general.--The Assistant Attorney General, in
consultation with the Assistant Secretary, may make block
grants to 4 eligible entities located in different regions of
the United States to combat sex trafficking of minors.
``(B) Requirement.--Not fewer than 1 of the block grants
made under subparagraph (A) shall be awarded to an eligible
entity with a State population of less than 5,000,000.
``(C) Grant amount.--Subject to the availability of
appropriations under subsection (g) to carry out this
section, each grant made under this section shall be for an
amount not less than $1,500,000 and not greater than
$2,000,000.
``(D) Duration.--
``(i) In general.--A grant made under this section shall be
for a period of 1 year.
``(ii) Renewal.--
``(I) In general.--The Assistant Attorney General may renew
a grant under this section for up to 3 1-year periods.
``(II) Priority.--In making grants in any fiscal year after
the first fiscal year in which grants are made under this
section, the Assistant Attorney General shall give priority
to an eligible entity that received a grant in the preceding
fiscal year and is eligible for renewal under this
subparagraph, taking into account any evaluation of the
eligible entity conducted under paragraph (4), if available.
``(E) Consultation.--In carrying out this section, the
Assistant Attorney General shall consult with the Assistant
Secretary with respect to--
``(i) evaluations of grant recipients under paragraph (4);
``(ii) avoiding unintentional duplication of grants; and
``(iii) any other areas of shared concern.
``(2) Use of funds.--
``(A) Allocation.--Not less than 67 percent of each grant
made under paragraph (1) shall be used by the eligible entity
to provide residential care and services (as described in
clauses (i) through (iv) of subparagraph (B)) to minor
victims of sex trafficking through qualified nongovernmental
organizations.
``(B) Authorized activities.--Grants awarded pursuant to
paragraph (2) may be used for--
``(i) providing residential care to minor victims of sex
trafficking, including temporary or long-term placement as
appropriate;
``(ii) providing 24-hour emergency social services response
for minor victims of sex trafficking;
``(iii) providing minor victims of sex trafficking with
clothing and other daily necessities needed to keep such
victims from returning to living on the street;
``(iv) case management services for minor victims of sex
trafficking;
``(v) mental health counseling for minor victims of sex
trafficking, including specialized counseling and substance
abuse treatment;
``(vi) legal services for minor victims of sex trafficking;
``(vii) specialized training for social service providers,
public sector personnel, and private sector personnel likely
to encounter sex
[[Page S643]]
trafficking victims on issues related to the sex trafficking
of minors and severe forms of trafficking in persons;
``(viii) outreach and education programs to provide
information about deterrence and prevention of sex
trafficking of minors;
``(ix) programs to provide treatment to individuals charged
or cited with purchasing or attempting to purchase sex acts
in cases where--
``(I) a treatment program can be mandated as a condition of
a sentence, fine, suspended sentence, or probation, or is an
appropriate alternative to criminal prosecution; and
``(II) the individual was not charged with purchasing or
attempting to purchase sex acts with a minor; and
``(x) screening and referral of minor victims of severe
forms of trafficking in persons.
``(3) Application.--
``(A) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the
Assistant Attorney General at such time, in such manner, and
accompanied by such information as the Assistant Attorney
General may reasonably require.
``(B) Contents.--Each application submitted pursuant to
subparagraph (A) shall--
``(i) describe the activities for which assistance under
this section is sought; and
``(ii) provide such additional assurances as the Assistant
Attorney General determines to be essential to ensure
compliance with the requirements of this section.
``(4) Evaluation.--The Assistant Attorney General shall
enter into a contract with an academic or non-profit
organization that has experience in issues related to sex
trafficking of minors and evaluation of grant programs to
conduct an annual evaluation of each grant made under this
section to determine the impact and effectiveness of programs
funded with the grant.
``(c) Mandatory Exclusion.--An eligible entity that
receives a grant under this section that is found to have
utilized grant funds for any unauthorized expenditure or
otherwise unallowable cost shall not be eligible for any
grant funds awarded under the grant for 2 fiscal years
following the year in which the unauthorized expenditure or
unallowable cost is reported.
``(d) Compliance Requirement.--An eligible entity shall not
be eligible to receive a grant under this section if, during
the 5 fiscal years before the eligible entity submits an
application for the grant, the eligible entity has been found
to have violated the terms or conditions of a Government
grant program by utilizing grant funds for unauthorized
expenditures or otherwise unallowable costs.
``(e) Administrative Cap.--The cost of administering the
grants authorized by this section shall not exceed 3 percent
of the total amount appropriated to carry out this section.
``(f) Audit Requirement.--For fiscal years 2016 and 2017,
the Inspector General of the Department of Justice shall
conduct an audit of all 4 eligible entities that receive
block grants under this section.
``(g) Match Requirement.--An eligible entity that receives
a grant under this section shall provide a non-Federal match
in an amount equal to not less than--
``(1) 15 percent of the grant during the first year;
``(2) 25 percent of the grant during the first renewal
period;
``(3) 40 percent of the grant during the second renewal
period; and
``(4) 50 percent of the grant during the third renewal
period.
``(h) No Limitation on Section 204 Grants.--An entity that
applies for a grant under section 204 is not prohibited from
also applying for a grant under this section.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated $8,000,000 to the Attorney
General for each of the fiscal years 2014 through 2017 to
carry out this section.
``(j) GAO Evaluation.--Not later than 30 months after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit a report to Congress that
contains--
``(1) an evaluation of the impact of this section in aiding
minor victims of sex trafficking in the jurisdiction of the
entity receiving the grant; and
``(2) recommendations, if any, regarding any legislative or
administrative action the Comptroller General determines
appropriate.''.
(b) Sunset Provision.--The amendment made by subsection (a)
shall be effective during the 4-year period beginning on the
date of the enactment of this Act.
SEC. 1242. EXPANDING LOCAL LAW ENFORCEMENT GRANTS FOR
INVESTIGATIONS AND PROSECUTIONS OF TRAFFICKING.
Section 204 of the Trafficking Victims Protection
Reauthorization Act of 2005 (42 U.S.C. 14044c) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``, which involve
United States citizens, or aliens admitted for permanent
residence, and'';
(B) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and
(C) by inserting after subparagraph (A) the following:
``(B) to train law enforcement personnel how to identify
victims of severe forms of trafficking in persons and related
offenses;''; and
(D) in subparagraph (C), as redesignated, by inserting
``and prioritize the investigations and prosecutions of those
cases involving minor victims'' after ``sex acts'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d) No Limitation on Section 202 Grant Applications.--An
entity that applies for a grant under section 202 is not
prohibited from also applying for a grant under this
section.'';
(4) in subsection (e), as redesignated, by striking
``$20,000,000 for each of the fiscal years 2008 through
2011'' and inserting ``$10,000,000 for each of the fiscal
years 2014 through 2017''; and
(5) by adding at the end the following:
``(f) GAO Evaluation and Report.--Not later than 30 months
after the date of enactment of this Act, the Comptroller
General of the United States shall conduct a study of and
submit to Congress a report evaluating the impact of this
section on--
``(1) the ability of law enforcement personnel to identify
victims of severe forms of trafficking in persons and
investigate and prosecute cases against offenders, including
offenders who engage in the purchasing of commercial sex acts
with a minor; and
``(2) recommendations, if any, regarding any legislative or
administrative action the Comptroller General determines
appropriate to improve the ability described in paragraph
(1).''.
SEC. 1243. MODEL STATE CRIMINAL LAW PROTECTION FOR CHILD
TRAFFICKING VICTIMS AND SURVIVORS.
Section 225(b) of the Trafficking Victims Reauthorization
Act of 2008 (22 U.S.C. 7101 note) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) protects children exploited through prostitution by
including safe harbor provisions that--
``(A) treat an individual under 18 years of age who has
been arrested for engaging in, or attempting to engage in, a
sexual act with another person in exchange for monetary
compensation as a victim of a severe form of trafficking in
persons;
``(B) prohibit the charging or prosecution of an individual
described in subparagraph (A) for a prostitution offense;
``(C) require the referral of an individual described in
subparagraph (A) to appropriate service providers, including
comprehensive service or community-based programs that
provide assistance to child victims of commercial sexual
exploitation; and
``(D) provide that an individual described in subparagraph
(A) shall not be required to prove fraud, force, or coercion
in order to receive the protections described under this
paragraph;''.
Subtitle C--Authorization of Appropriations
SEC. 1251. ADJUSTMENT OF AUTHORIZATION LEVELS FOR THE
TRAFFICKING VICTIMS PROTECTION ACT OF 2000.
The Trafficking Victims Protection Act of 2000 (22 U.S.C.
7101 et seq.) is amended--
(1) in section 112A(b)(4) (22 U.S.C. 7109a(b)(4))--
(A) by striking ``$2,000,000'' and inserting
``$1,000,000''; and
(B) by striking ``2008 through 2011'' and inserting ``2014
through 2017''; and
(2) in section 113 (22 U.S.C. 7110)--
(A) subsection (a)--
(i) by striking ``$5,500,000 for each of the fiscal years
2008 through 2011'' each place it appears and inserting
``$2,000,000 for each of the fiscal years 2014 through
2017'';
(ii) by inserting ``, including regional trafficking in
persons officers,'' after ``for additional personnel,''; and
(iii) by striking ``, and $3,000 for official reception and
representation expenses'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``$12,500,000 for each of
the fiscal years 2008 through 2011'' and inserting
``$14,500,000 for each of the fiscal years 2014 through
2017''; and
(ii) in paragraph (2), by striking ``to the Secretary of
Health and Human Services'' and all that follows and
inserting ``$8,000,000 to the Secretary of Health and Human
Services for each of the fiscal years 2014 through 2017.'';
(C) in subsection (c)(1)--
(i) in subparagraph (A), by striking ``2008 through 2011''
each place it appears and inserting ``2014 through 2017'';
(ii) in subparagraph (B)--
(I) by striking ``$15,000,000 for fiscal year 2003 and
$10,000,000 for each of the fiscal years 2008 through 2011''
and inserting ``$10,000,000 for each of the fiscal years 2014
through 2017''; and
(II) by striking ``2008 through 2011'' and inserting ``2014
through 2017''; and
(iii) in subparagraph (C), by striking ``2008 through
2011'' and inserting ``2014 through 2017'';
(D) in subsection (d)--
(i) by redesignating subparagraphs (A) through (C) as
paragraphs (1) through (3), respectively, and moving such
paragraphs 2 ems to the left;
(ii) in the paragraph (1), as redesignated, by striking
``$10,000,000 for each of the fiscal years 2008 through
2011'' and inserting ``$11,000,000 for each of the fiscal
years 2014 through 2017''; and
(iii) in paragraph (3), as redesignated, by striking ``to
the Attorney General'' and all
[[Page S644]]
that follows and inserting ``$11,000,000 to the Attorney
General for each of the fiscal years 2014 through 2017.'';
(E) in subsection (e)--
(i) in paragraph (1), by striking ``$15,000,000 for each of
the fiscal years 2008 through 2011'' and inserting
``$7,500,000 for each of the fiscal years 2014 through
2017''; and
(ii) in paragraph (2), by striking ``$15,000,000 for each
of the fiscal years 2008 through 2011'' and inserting
``$7,500,000 for each of the fiscal years 2014 through
2017'';
(F) in subsection (f), by striking ``$10,000,000 for each
of the fiscal years 2008 through 2011'' and inserting
``$5,000,000 for each of the fiscal years 2014 through
2017''; and
(G) in subsection (i), by striking ``$18,000,000 for each
of the fiscal years 2008 through 2011'' and inserting
``$10,000,000 for each of the fiscal years 2014 through
2017''.
SEC. 1252. ADJUSTMENT OF AUTHORIZATION LEVELS FOR THE
TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION
ACT OF 2005.
The Trafficking Victims Protection Reauthorization Act of
2005 (Public Law 109-164) is amended--
(1) by striking section 102(b)(7); and
(2) in section 201(c)(2), by striking ``$1,000,000 for each
of the fiscal years 2008 through 2011'' and inserting
``$250,000 for each of the fiscal years 2014 through 2017''.
Subtitle D--Unaccompanied Alien Children
SEC. 1261. APPROPRIATE CUSTODIAL SETTINGS FOR UNACCOMPANIED
MINORS WHO REACH THE AGE OF MAJORITY WHILE IN
FEDERAL CUSTODY.
Section 235(c)(2) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)(2)) is amended--
(1) by striking ``Subject to'' and inserting the following:
``(A) Minors in department of health and human services
custody.--Subject to''; and
(2) by adding at the end the following:
``(B) Aliens transferred from department of health and
human services to department of homeland security custody.--
If a minor described in subparagraph (A) reaches 18 years of
age and is transferred to the custody of the Secretary of
Homeland Security, the Secretary shall consider placement in
the least restrictive setting available after taking into
account the alien's danger to self, danger to the community,
and risk of flight. Such aliens shall be eligible to
participate in alternative to detention programs, utilizing a
continuum of alternatives based on the alien's need for
supervision, which may include placement of the alien with an
individual or an organizational sponsor, or in a supervised
group home.''.
SEC. 1262. APPOINTMENT OF CHILD ADVOCATES FOR UNACCOMPANIED
MINORS.
Section 235(c)(6) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)(6)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(2) by striking ``and criminal''; and
(3) by adding at the end the following:
``(B) Appointment of child advocates.--
``(i) Initial sites.--Not later than 2 years after the date
of the enactment of the Violence Against Women
Reauthorization Act of 2013, the Secretary of Health and
Human Services shall appoint child advocates at 3 new
immigration detention sites to provide independent child
advocates for trafficking victims and vulnerable
unaccompanied alien children.
``(ii) Additional sites.--Not later than 3 years after the
date of the enactment of the Violence Against Women
Reauthorization Act of 2013, the Secretary shall appoint
child advocates at not more than 3 additional immigration
detention sites.
``(iii) Selection of sites.--Sites at which child advocate
programs will be established under this subparagraph shall be
located at immigration detention sites at which more than 50
children are held in immigration custody, and shall be
selected sequentially, with priority given to locations
with--
``(I) the largest number of unaccompanied alien children;
and
``(II) the most vulnerable populations of unaccompanied
children.
``(C) Restrictions.--
``(i) Administrative expenses.--A child advocate program
may not use more that 10 percent of the Federal funds
received under this section for administrative expenses.
``(ii) Nonexclusivity.--Nothing in this section may be
construed to restrict the ability of a child advocate program
under this section to apply for or obtain funding from any
other source to carry out the programs described in this
section.
``(iii) Contribution of funds.--A child advocate program
selected under this section shall contribute non-Federal
funds, either directly or through in-kind contributions, to
the costs of the child advocate program in an amount that is
not less than 25 percent of the total amount of Federal funds
received by the child advocate program under this section.
In-kind contributions may not exceed 40 percent of the
matching requirement under this clause.
``(D) Annual report to congress.--Not later than 1 year
after the date of the enactment of the Violence Against Women
Reauthorization Act of 2013, and annually thereafter, the
Secretary of Health and Human Services shall submit a report
describing the activities undertaken by the Secretary to
authorize the appointment of independent Child Advocates for
trafficking victims and vulnerable unaccompanied alien
children to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives.
``(E) Assessment of child advocate program.--
``(i) In general.--As soon as practicable after the date of
the enactment of the Violence Against Women Reauthorization
Act of 2013, the Comptroller General of the United States
shall conduct a study regarding the effectiveness of the
Child Advocate Program operated by the Secretary of Health
and Human Services.
``(ii) Matters to be studied.--In the study required under
clause (i), the Comptroller General shall-- collect
information and analyze the following:
``(I) analyze the effectiveness of existing child advocate
programs in improving outcomes for trafficking victims and
other vulnerable unaccompanied alien children;
``(II) evaluate the implementation of child advocate
programs in new sites pursuant to subparagraph (B);
``(III) evaluate the extent to which eligible trafficking
victims and other vulnerable unaccompanied children are
receiving child advocate services and assess the possible
budgetary implications of increased participation in the
program;
``(IV) evaluate the barriers to improving outcomes for
trafficking victims and other vulnerable unaccompanied
children; and
``(V) make recommendations on statutory changes to improve
the Child Advocate Program in relation to the matters
analyzed under subclauses (I) through (IV).
``(iii) GAO report.--Not later than 3 years after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit the results of the study required
under this subparagraph to--
``(I) the Committee on the Judiciary of the Senate;
``(II) the Committee on Health, Education, Labor, and
Pensions of the Senate;
``(III) the Committee on the Judiciary of the House of
Representatives; and
``(IV) the Committee on Education and the Workforce of the
House of Representatives.
``(F) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary and Human
Services to carry out this subsection--
``(i) $1,000,000 for each of the fiscal years 2014 and
2015; and
``(ii) $2,000,000 for each of the fiscal years 2016 and
2017.''.
SEC. 1263. ACCESS TO FEDERAL FOSTER CARE AND UNACCOMPANIED
REFUGEE MINOR PROTECTIONS FOR CERTAIN U VISA
RECIPIENTS.
Section 235(d)(4) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(d)(4)) is amended--
(1) in subparagraph (A),
(A) by striking ``either'';
(B) by striking ``or who'' and inserting a comma; and
(C) by inserting ``, or has been granted status under
section 101(a)(15)(U) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(U)),'' before ``, shall be eligible'';
and
(2) in subparagraph (B), by inserting ``, or status under
section 101(a)(15)(U) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(U)),'' after ``(8 U.S.C.
1101(a)(27)(J))''.
SEC. 1264. GAO STUDY OF THE EFFECTIVENESS OF BORDER
SCREENINGS.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study examining the effectiveness of
screenings conducted by Department of Homeland Security
personnel in carrying out section 235(a)(4) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232(a)(4)).
(2) Study.--In carrying out paragraph (1), the Comptroller
General shall take into account--
(A) the degree to which Department of Homeland Security
personnel are adequately ensuring that--
(i) all children are being screened to determine whether
they are described in section 235(a)(2)(A) of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act;
(ii) appropriate and reliable determinations are being made
about whether children are described in section 235(a)(2)(A)
of such Act, including determinations of the age of such
children;
(iii) children are repatriated in an appropriate manner,
consistent with clauses (i) through (iii) of section
235(a)(2)(C) of such Act;
(iv) children are appropriately being permitted to withdraw
their applications for admission, in accordance with section
235(a)(2)(B)(i) of such Act;
(v) children are being properly cared for while they are in
the custody of the Department of Homeland Security and
awaiting repatriation or transfer to the custody of the
Secretary of Health and Human Services; and
(vi) children are being transferred to the custody of the
Secretary of Health and Human Services in a manner that is
consistent with such Act; and
(B) the number of such children that have been transferred
to the custody of the Department of Health and Human
Services, the
[[Page S645]]
Federal funds expended to maintain custody of such children,
and the Federal benefits available to such children, if any.
(3) Access to department of homeland security operations.--
(A) In general.--Except as provided in subparagraph (B),
for the purposes of conducting the study described in
subsection (a), the Secretary shall provide the Comptroller
General with unrestricted access to all stages of screenings
and other interactions between Department of Homeland
Security personnel and children encountered by the
Comptroller General.
(B) Exceptions.--The Secretary shall not permit
unrestricted access under subparagraph (A) if the Secretary
determines that the security of a particular interaction
would be threatened by such access.
(b) Report to Congress.--Not later than 2 years after the
date of the commencement of the study described in subsection
(a), the Comptroller General of the United States shall
submit a report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives that contains the Commission's findings and
recommendations.
Mr. LEAHY. Madam President, I move to reconsider the vote.
Mrs. MURRAY. Mr. President, I move to lay that motion upon the table.
The motion to lay upon the table was agreed to.
Mr. LEAHY. Madam President, I wanted to thank all my fellow Senators,
from both parties, who voted for this bill. If you are someone who has
seen firsthand the results of violence against women, it would be
almost impossible to vote no on this bill. Will this stop all violence?
No. But will it stop a lot of it? Yes; and it will also make possible
for those who are caught in violence a chance for support, a chance for
someplace to go, a chance to be protected from future attacks.
This is the kind of legislation that speaks to the conscience of our
Nation. It speaks to the conscience of the Senate. It tells everybody,
usually the most defenseless in our society, this body stands with you.
I would urge our friends on the other side of the Capitol to move
quickly with similar legislation. This is something we should not hold
up. This is a way we can say: We oppose violence against women. We
oppose it today. We oppose it tomorrow. We will oppose it forever.
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