[Congressional Record Volume 159, Number 29 (Thursday, February 28, 2013)]
[House]
[Pages H707-H801]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2013
Mrs. McMORRIS RODGERS. Madam Speaker, pursuant to House Resolution
83, I call up the bill (S. 47) to reauthorize the Violence Against
Women Act of 1994, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 83, the bill is
considered read.
The text of the bill is 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.
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.
[[Page H708]]
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 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.
[[Page H709]]
If a minor or a person with a legally appointed guardian is
permitted by law to receive services without the parent's or
guardian's consent, the minor or person with a guardian may
release information without additional consent.'';
(B) by amending subparagraph (D), to read as follows:
``(D) Information sharing.--
``(i) Grantees and subgrantees may share--
``(I) nonpersonally identifying data in the aggregate
regarding services to their clients and nonpersonally
identifying demographic information in order to comply with
Federal, State, tribal, or territorial reporting, evaluation,
or data collection requirements;
``(II) court-generated information and law enforcement-
generated information contained in secure, governmental
registries for protection order enforcement purposes; and
``(III) law enforcement-generated and prosecution-generated
information necessary for law enforcement and prosecution
purposes.
``(ii) In no circumstances may--
``(I) an adult, youth, or child victim of domestic
violence, dating violence, sexual assault, or stalking be
required to provide a consent to release his or her
personally identifying information as a condition of
eligibility for the services provided by the grantee or
subgrantee;
``(II) any personally identifying information be shared in
order to comply with Federal, tribal, or State reporting,
evaluation, or data collection requirements, whether for this
program or any other Federal, tribal, or State grant
program.'';
(C) by redesignating subparagraph (E) as subparagraph (F);
(D) by inserting after subparagraph (D) the following:
``(E) Statutorily mandated reports of abuse or neglect.--
Nothing in this section prohibits a grantee or subgrantee
from reporting suspected abuse or neglect, as those terms are
defined and specifically mandated by the State or tribe
involved.''; and
(E) by inserting after subparagraph (F), as redesignated,
the following:
``(G) Confidentiality assessment and assurances.--Grantees
and subgrantees must document their compliance with the
confidentiality and privacy provisions required under this
section.'';
(2) by striking paragraph (3) and inserting the following:
``(3) Approved activities.--In carrying out the activities
under this title, grantees and subgrantees may collaborate
with or provide information to Federal, State, local, tribal,
and territorial public officials and agencies to develop and
implement policies and develop and promote State, local, or
tribal legislation or model codes designed to reduce or
eliminate domestic violence, dating violence, sexual assault,
and stalking.'';
(3) in paragraph (7), by inserting at the end the
following:
``Final reports of such evaluations shall be made available
to the public via the agency's website.''; and
(4) by inserting after paragraph (11) the following:
``(12) Delivery of legal assistance.--Any grantee or
subgrantee providing legal assistance with funds awarded
under this title shall comply with the eligibility
requirements in section 1201(d) of the Violence Against Women
Act of 2000 (42 U.S.C. 3796gg-6(d)).
``(13) Civil rights.--
``(A) Nondiscrimination.--No person in the United States
shall, on the basis of actual or perceived race, color,
religion, national origin, sex, gender identity (as defined
in paragraph 249(c)(4) of title 18, United States Code),
sexual orientation, or disability, be excluded from
participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity funded in
whole or in part with funds made available under the Violence
Against Women Act of 1994 (title IV of Public Law 103-322;
108 Stat. 1902), the Violence Against Women Act of 2000
(division B of Public Law 106-386; 114 Stat. 1491), the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (title IX of Public Law 109-162;
119 Stat. 3080), the Violence Against Women Reauthorization
Act of 2013, and any other program or activity funded in
whole or in part with funds appropriated for grants,
cooperative agreements, and other assistance administered by
the Office on Violence Against Women.
``(B) Exception.--If sex segregation or sex-specific
programming is necessary to the essential operation of a
program, nothing in this paragraph shall prevent any such
program or activity from consideration of an individual's
sex. In such circumstances, grantees may meet the
requirements of this paragraph by providing comparable
services to individuals who cannot be provided with the sex-
segregated or sex-specific programming.
``(C) Discrimination.--The authority of the Attorney
General and the Office of Justice Programs to enforce this
paragraph shall be the same as it is under section 3789d of
title 42, United States Code.
``(D) Construction.--Nothing contained in this paragraph
shall be construed, interpreted, or applied to supplant,
displace, preempt, or otherwise diminish the responsibilities
and liabilities under other State or Federal civil rights
law, whether statutory or common.
``(14) Clarification of victim services and legal
assistance.--Victim services and legal assistance under this
title also include services and assistance to victims of
domestic violence, dating violence, sexual assault, or
stalking who are also victims of severe forms of trafficking
in persons as defined by section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
``(15) Conferral.--
``(A) In general.--The Office on Violence Against Women
shall establish a biennial conferral process with State and
tribal coalitions and technical assistance providers who
receive funding through grants administered by the Office on
Violence Against Women and authorized by this Act, and other
key stakeholders.
``(B) Areas covered.--The areas of conferral under this
paragraph shall include--
``(i) the administration of grants;
``(ii) unmet needs;
``(iii) promising practices in the field; and
``(iv) emerging trends.
``(C) Initial conferral.--The first conferral shall be
initiated not later than 6 months after the date of enactment
of the Violence Against Women Reauthorization Act of 2013.
``(D) Report.--Not later than 90 days after the conclusion
of each conferral period, the Office on Violence Against
Women shall publish a comprehensive report that--
``(i) summarizes the issues presented during conferral and
what, if any, policies it intends to implement to address
those issues;
``(ii) is made available to the public on the Office on
Violence Against Women's website and submitted to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives.
``(16) Accountability.--All grants awarded by the Attorney
General under this Act shall be subject to the following
accountability provisions:
``(A) Audit requirement.--
``(i) In general.--Beginning in the first fiscal year
beginning after the date of the enactment of this Act, and in
each fiscal year thereafter, the Inspector General of the
Department of Justice shall conduct audits of recipients of
grants under this Act to prevent waste, fraud, and abuse of
funds by grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
``(ii) Definition.--In this paragraph, the term `unresolved
audit finding' means a finding in the final audit report of
the Inspector General of the Department of Justice that the
audited grantee has utilized grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not closed
or resolved within 12 months from the date when the final
audit report is issued.
``(iii) Mandatory exclusion.--A recipient of grant funds
under this Act that is found to have an unresolved audit
finding shall not be eligible to receive grant funds under
this Act during the following 2 fiscal years.
``(iv) Priority.--In awarding grants under this Act, the
Attorney General shall give priority to eligible entities
that did not have an unresolved audit finding during the 3
fiscal years prior to submitting an application for a grant
under this Act.
``(v) Reimbursement.--If an entity is awarded grant funds
under this Act during the 2-fiscal-year period in which the
entity is barred from receiving grants under paragraph (2),
the Attorney General shall--
``(I) deposit an amount equal to the grant funds that were
improperly awarded to the grantee into the General Fund of
the Treasury; and
``(II) seek to recoup the costs of the repayment to the
fund from the grant recipient that was erroneously awarded
grant funds.
``(B) Nonprofit organization requirements.--
``(i) Definition.--For purposes of this paragraph and the
grant programs described in this Act, the term `nonprofit
organization' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
``(ii) Prohibition.--The Attorney General may not award a
grant under any grant program described in this Act to a
nonprofit organization that holds money in offshore accounts
for the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
``(iii) Disclosure.--Each nonprofit organization that is
awarded a grant under a grant program described in this Act
and uses the procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the compensation
of its officers, directors, trustees and key employees, shall
disclose to the Attorney General, in the application for the
grant, the process for determining such compensation,
including the independent persons involved in reviewing and
approving such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make the
information disclosed under this subsection available for
public inspection.
``(C) Conference expenditures.--
``(i) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this Act may be used by
the Attorney General, or by any individual or organization
awarded discretionary funds through a cooperative agreement
under this Act, to host or support any expenditure for
conferences that uses more than $20,000 in Department funds,
unless the Deputy Attorney General or such Assistant Attorney
Generals, Directors, or principal deputies as the
[[Page H710]]
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'';
(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
[[Page H711]]
domestic violence and protection order cases, described in
section 2011 of this title;
``(4) proof of compliance with the requirements prohibiting
polygraph examinations of victims of sexual assault,
described in section 2013 of this title;
``(5) an implementation plan required under subsection (i);
and
``(6) any other documentation that the Attorney General may
require.'';
(E) in subsection (e)--
(i) in paragraph (2)--
(I) in subparagraph (A), by striking ``domestic violence
and sexual assault'' and inserting ``domestic violence,
dating violence, sexual assault, and stalking''; and
(II) in subparagraph (D), by striking ``linguistically
and''; and
(ii) by adding at the end the following:
``(3) Conditions.--In disbursing grants under this part,
the Attorney General may impose reasonable conditions on
grant awards to ensure that the States meet statutory,
regulatory, and other program requirements.'';
(F) in subsection (f), by striking the period at the end
and inserting ``, except that, for purposes of this
subsection, the costs of the projects for victim services or
tribes for which there is an exemption under section
40002(b)(1) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(b)(1)) shall not count toward the total costs of
the projects.''; and
(G) by adding at the end the following:
``(i) Implementation Plans.--A State applying for a grant
under this part shall--
``(1) develop an implementation plan in consultation with
the entities listed in subsection (c)(2), that identifies how
the State will use the funds awarded under this part,
including how the State will meet the requirements of
subsection (c)(5); and
``(2) submit to the Attorney General--
``(A) the implementation plan developed under paragraph
(1);
``(B) documentation from each member of the planning
committee as to their participation in the planning process;
``(C) documentation from the prosecution, law enforcement,
court, and victim services programs to be assisted,
describing--
``(i) the need for the grant funds;
``(ii) the intended use of the grant funds;
``(iii) the expected result of the grant funds; and
``(iv) the demographic characteristics of the populations
to be served, including age, disability, race, ethnicity, and
language background;
``(D) a description of how the State will ensure that any
subgrantees will consult with victim service providers during
the course of developing their grant applications in order to
ensure that the proposed activities are designed to promote
the safety, confidentiality, and economic independence of
victims;
``(E) demographic data on the distribution of underserved
populations within the State and a description of how the
State will meet the needs of underserved populations,
including the minimum allocation for population specific
services required under subsection (c)(4)(C);
``(F) a description of how the State plans to meet the
regulations issued pursuant to subsection (e)(2);
``(G) goals and objectives for reducing domestic violence-
related homicides within the State; and
``(H) any other information requested by the Attorney
General.
``(j) Reallocation of Funds.--A State may use any returned
or remaining funds for any authorized purpose under this part
if--
``(1) funds from a subgrant awarded under this part are
returned to the State; or
``(2) the State does not receive sufficient eligible
applications to award the full funding within the allocations
in subsection (c)(4)'';
(4) in section 2010 (42 U.S.C. 3796gg-4)--
(A) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) In general.--A State, Indian tribal government, or
unit of local government shall not be entitled to funds under
this subchapter unless the State, Indian tribal government,
unit of local government, or another governmental entity--
``(A) incurs the full out-of-pocket cost of forensic
medical exams described in subsection (b) for victims of
sexual assault; and
``(B) coordinates with health care providers in the region
to notify victims of sexual assault of the availability of
rape exams at no cost to the victims.'';
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``or'' after the
semicolon;
(ii) in paragraph (2), by striking ``; or'' and inserting a
period; and
(iii) by striking paragraph (3); and
(C) by amending subsection (d) to read as follows:
``(d) Noncooperation.--
``(1) In general.--To be in compliance with this section, a
State, Indian tribal government, or unit of local government
shall comply with subsection (b) without regard to whether
the victim participates in the criminal justice system or
cooperates with law enforcement.
``(2) Compliance period.--States, territories, and Indian
tribal governments shall have 3 years from the date of
enactment of this Act to come into compliance with this
section.''; and
(5) in section 2011(a)(1) (42 U.S.C. 3796gg-5(a)(1))--
(A) by inserting ``modification, enforcement, dismissal,
withdrawal'' after ``registration,'' each place it appears;
(B) by inserting ``, dating violence, sexual assault, or
stalking'' after ``felony domestic violence''; and
(C) by striking ``victim of domestic violence'' and all
that follows through ``sexual assault'' and inserting
``victim of domestic violence, dating violence, sexual
assault, or stalking''.
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)--
[[Page H712]]
(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
``(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--
[[Page H713]]
``(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 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
[[Page H714]]
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 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--
[[Page H715]]
``(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
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;
[[Page H716]]
``(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 ``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
[[Page H717]]
will be used during any institutional conduct proceeding
arising from such a report.
``(B) The policy described in subparagraph (A) shall
address the following areas:
``(i) Education programs to promote the awareness of rape,
acquaintance rape, domestic violence, dating violence, sexual
assault, and stalking, which shall include--
``(I) primary prevention and awareness programs for all
incoming students and new employees, which shall include--
``(aa) a statement that the institution of higher education
prohibits the offenses of domestic violence, dating violence,
sexual assault, and stalking;
``(bb) the definition of domestic violence, dating
violence, sexual assault, and stalking in the applicable
jurisdiction;
``(cc) the definition of consent, in reference to sexual
activity, in the applicable jurisdiction;
``(dd) safe and positive options for bystander intervention
that may be carried out by an individual to prevent harm or
intervene when there is a risk of domestic violence, dating
violence, sexual assault, or stalking against a person other
than such individual;
``(ee) information on risk reduction to recognize warning
signs of abusive behavior and how to avoid potential attacks;
and
``(ff) the information described in clauses (ii) through
(vii); and
``(II) ongoing prevention and awareness campaigns for
students and faculty, including information described in
items (aa) through (ff) of subclause (I).
``(ii) Possible sanctions or protective measures that such
institution may impose following a final determination of an
institutional disciplinary procedure regarding rape,
acquaintance rape, domestic violence, dating violence, sexual
assault, or stalking.
``(iii) Procedures victims should follow if a sex offense,
domestic violence, dating violence, sexual assault, or
stalking has occurred, including information in writing
about--
``(I) the importance of preserving evidence as may be
necessary to the proof of criminal domestic violence, dating
violence, sexual assault, or stalking, or in obtaining a
protection order;
``(II) to whom the alleged offense should be reported;
``(III) options regarding law enforcement and campus
authorities, including notification of the victim's option
to--
``(aa) notify proper law enforcement authorities, including
on-campus and local police;
``(bb) be assisted by campus authorities in notifying law
enforcement authorities if the victim so chooses; and
``(cc) decline to notify such authorities; and
``(IV) where applicable, the rights of victims and the
institution's responsibilities regarding orders of
protection, no contact orders, restraining orders, or similar
lawful orders issued by a criminal, civil, or tribal court.
``(iv) Procedures for institutional disciplinary action in
cases of alleged domestic violence, dating violence, sexual
assault, or stalking, which shall include a clear statement
that--
``(I) such proceedings shall--
``(aa) provide a prompt, fair, and impartial investigation
and resolution; and
``(bb) be conducted by officials who receive annual
training on the issues related to domestic violence, dating
violence, sexual assault, and stalking and how to conduct an
investigation and hearing process that protects the safety of
victims and promotes accountability;
``(II) the accuser and the accused are entitled to the same
opportunities to have others present during an institutional
disciplinary proceeding, including the opportunity to be
accompanied to any related meeting or proceeding by an
advisor of their choice; and
``(III) both the accuser and the accused shall be
simultaneously informed, in writing, of--
``(aa) the outcome of any institutional disciplinary
proceeding that arises from an allegation of domestic
violence, dating violence, sexual assault, or stalking;
``(bb) the institution's procedures for the accused and the
victim to appeal the results of the institutional
disciplinary proceeding;
``(cc) of any change to the results that occurs prior to
the time that such results become final; and
``(dd) when such results become final.
``(v) Information about how the institution will protect
the confidentiality of victims, including how publicly-
available recordkeeping will be accomplished without the
inclusion of identifying information about the victim, to the
extent permissible by law.
``(vi) Written notification of students and employees about
existing counseling, health, mental health, victim advocacy,
legal assistance, and other services available for victims
both on-campus and in the community.
``(vii) Written notification of victims about options for,
and available assistance in, changing academic, living,
transportation, and working situations, if so requested by
the victim and if such accommodations are reasonably
available, regardless of whether the victim chooses to report
the crime to campus police or local law enforcement.
``(C) A student or employee who reports to an institution
of higher education that the student or employee has been a
victim of domestic violence, dating violence, sexual assault,
or stalking, whether the offense occurred on or off campus,
shall be provided with a written explanation of the student
or employee's rights and options, as described in clauses
(ii) through (vii) of subparagraph (B).'';
(6) in paragraph (9), by striking ``The Secretary'' and
inserting ``The Secretary, in consultation with the Attorney
General of the United States,'';
(7) by striking paragraph (16) and inserting the following:
``(16)(A) The Secretary shall seek the advice and counsel
of the Attorney General of the United States concerning the
development, and dissemination to institutions of higher
education, of best practices information about campus safety
and emergencies.
``(B) The Secretary shall seek the advice and counsel of
the Attorney General of the United States and the Secretary
of Health and Human Services concerning the development, and
dissemination to institutions of higher education, of best
practices information about preventing and responding to
incidents of domestic violence, dating violence, sexual
assault, and stalking, including elements of institutional
policies that have proven successful based on evidence-based
outcome measurements.''; and
(8) by striking paragraph (17) and inserting the following:
``(17) No officer, employee, or agent of an institution
participating in any program under this title shall
retaliate, intimidate, threaten, coerce, or otherwise
discriminate against any individual for exercising their
rights or responsibilities under any provision of this
subsection.''.
(b) Effective Date.--The amendments made by this section
shall take effect with respect to the annual security report
under section 485(f)(1) of the Higher Education Act of 1965
(20 U.S.C. 1092(f)(1)) prepared by an institution of higher
education 1 calendar year after the date of enactment of this
Act, and each subsequent calendar year.
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.
[[Page H718]]
``(3) Engaging men as leaders and role models.--To develop,
maintain or enhance programs that work with men to prevent
domestic violence, dating violence, sexual assault, and
stalking by helping men to serve as role models and social
influencers of other men and youth at the individual, school,
community or statewide levels.
``(c) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be--
``(1) a victim service provider, community-based
organization, tribe or tribal organization, or other non-
profit, nongovernmental organization that has a history of
effective work preventing domestic violence, dating violence,
sexual assault, or stalking and expertise in the specific
area for which they are applying for funds; or
``(2) a partnership between a victim service provider,
community-based organization, tribe or tribal organization,
or other non-profit, nongovernmental organization that has a
history of effective work preventing domestic violence,
dating violence, sexual assault, or stalking and at least one
of the following that has expertise in serving children
exposed to domestic violence, dating violence, sexual
assault, or stalking, youth domestic violence, dating
violence, sexual assault, or stalking prevention, or engaging
men to prevent domestic violence, dating violence, sexual
assault, or stalking:
``(A) A public, charter, tribal, or nationally accredited
private middle or high school, a school administered by the
Department of Defense under section 2164 of title 10, United
States Code or section 1402 of the Defense Dependents'
Education Act of 1978, a group of schools, or a school
district.
``(B) A local community-based organization, population-
specific organization, or faith-based organization that has
established expertise in providing services to youth.
``(C) A community-based organization, population-specific
organization, university or health care clinic, faith-based
organization, or other non-profit, nongovernmental
organization with a demonstrated history of effective work
addressing the needs of children exposed to domestic
violence, dating violence, sexual assault, or stalking.
``(D) A nonprofit, nongovernmental entity providing
services for runaway or homeless youth affected by domestic
violence, dating violence, sexual assault, or stalking.
``(E) Healthcare entities eligible for reimbursement under
title XVIII of the Social Security Act, including providers
that target the special needs of children and youth.
``(F) Any other agencies, population-specific
organizations, or nonprofit, nongovernmental organizations
with the capacity to provide necessary expertise to meet the
goals of the program; or
``(3) a public, charter, tribal, or nationally accredited
private middle or high school, a school administered by the
Department of Defense under section 2164 of title 10, United
States Code or section 1402 of the Defense Dependents'
Education Act of 1978, a group of schools, a school district,
or an institution of higher education.
``(d) Grantee Requirements.--
``(1) In general.--Applicants for grants under this section
shall prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require that demonstrates the capacity of
the applicant and partnering organizations to undertake the
project.
``(2) Policies and procedures.--Applicants under this
section shall establish and implement policies, practices,
and procedures that--
``(A) include appropriate referral systems to direct any
victim identified during program activities to highly
qualified follow-up care;
``(B) protect the confidentiality and privacy of adult and
youth victim information, particularly in the context of
parental or third party involvement and consent, mandatory
reporting duties, and working with other service providers;
``(C) ensure that all individuals providing prevention
programming through a program funded under this section have
completed or will complete sufficient training in connection
with domestic violence, dating violence, sexual assault or
stalking; and
``(D) document how prevention programs are coordinated with
service programs in the community.
``(3) Preference.--In selecting grant recipients under this
section, the Attorney General shall give preference to
applicants that--
``(A) include outcome-based evaluation; and
``(B) identify any other community, school, or State-based
efforts that are working on domestic violence, dating
violence, sexual assault, or stalking prevention and explain
how the grantee or partnership will add value, coordinate
with other programs, and not duplicate existing efforts.
``(e) Definitions and Grant Conditions.--In this section,
the definitions and grant conditions provided for in section
40002 shall apply.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $15,000,000 for
each of fiscal years 2014 through 2018. Amounts appropriated
under this section may only be used for programs and
activities described under this section.
``(g) Allotment.--
``(1) In general.--Not less than 25 percent of the total
amounts appropriated under this section in each fiscal year
shall be used for each set of purposes described in
paragraphs (1), (2), and (3) of subsection (b).
``(2) Indian tribes.--Not less than 10 percent of the total
amounts appropriated under this section in each fiscal year
shall be made available for grants to Indian tribes or tribal
organizations. If an insufficient number of applications are
received from Indian tribes or tribal organizations, such
funds shall be allotted to other population-specific
programs.''.
(b) Repeals.--The following provisions are repealed:
(1) Sections 41304 and 41305 of the Violence Against Women
Act of 1994 (42 U.S.C. 14043d-3 and 14043d-4).
(2) Section 403 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
14045c).
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
[[Page H719]]
``(iv) the provision of training and follow-up technical
assistance to health care professionals, and public health
staff, and allied health professionals to identify, assess,
treat, and refer clients who are victims of domestic
violence, dating violence, sexual assault, or stalking,
including using tools and training materials already
developed.
``(2) Permissible uses.--
``(A) Child and elder abuse.--To the extent consistent with
the purpose of this section, a grantee may use amounts
received under this section to address, as part of a
comprehensive programmatic approach implemented under the
grant, issues relating to child or elder abuse.
``(B) Rural areas.--Grants funded under paragraphs (1) and
(2) of subsection (a) may be used to offer to rural areas
community-based training opportunities, which may include the
use of distance learning networks and other available
technologies needed to reach isolated rural areas, for
medical, nursing, and other health profession students and
residents on domestic violence, dating violence, sexual
assault, stalking, and, as appropriate, other forms of
violence and abuse.
``(C) Other uses.--Grants funded under subsection (a)(3)
may be used for--
``(i) the development of training modules and policies that
address the overlap of child abuse, domestic violence, dating
violence, sexual assault, and stalking and elder abuse, as
well as childhood exposure to domestic and sexual violence;
``(ii) the development, expansion, and implementation of
sexual assault forensic medical examination or sexual assault
nurse examiner programs;
``(iii) the inclusion of the health effects of lifetime
exposure to violence and abuse as well as related protective
factors and behavioral risk factors in health professional
training schools including medical, dental, nursing, social
work, and mental and behavioral health curricula, and allied
health service training courses; or
``(iv) the integration of knowledge of domestic violence,
dating violence, sexual assault, and stalking into health
care accreditation and professional licensing examinations,
such as medical, dental, social work, and nursing boards, and
where appropriate, other allied health exams.
``(c) Requirements for Grantees.--
``(1) Confidentiality and safety.--
``(A) In general.--Grantees under this section shall ensure
that all programs developed with grant funds address issues
of confidentiality and patient safety and comply with
applicable confidentiality and nondisclosure requirements
under section 40002(b)(2) of the Violence Against Women Act
of 1994 and the Family Violence Prevention and Services Act,
and that faculty and staff associated with delivering
educational components are fully trained in procedures that
will protect the immediate and ongoing security and
confidentiality of the patients, patient records, and staff.
Such grantees shall consult entities with demonstrated
expertise in the confidentiality and safety needs of victims
of domestic violence, dating violence, sexual assault, and
stalking on the development and adequacy of confidentially
and security procedures, and provide documentation of such
consultation.
``(B) Advance notice of information disclosure.--Grantees
under this section shall provide to patients advance notice
about any circumstances under which information may be
disclosed, such as mandatory reporting laws, and shall give
patients the option to receive information and referrals
without affirmatively disclosing abuse.
``(2) Limitation on administrative expenses.--A grantee
shall use not more than 10 percent of the amounts received
under a grant under this section for administrative expenses.
``(3) Application.--
``(A) Preference.--In selecting grant recipients under this
section, the Secretary shall give preference to applicants
based on the strength of their evaluation strategies, with
priority given to outcome based evaluations.
``(B) Subsection (a)(1) and (2) grantees.--Applications for
grants under paragraphs (1) and (2) of subsection (a) shall
include--
``(i) documentation that the applicant represents a team of
entities working collaboratively to strengthen the response
of the health care system to domestic violence, dating
violence, sexual assault, or stalking, and which includes at
least one of each of--
``(I) an accredited school of allopathic or osteopathic
medicine, psychology, nursing, dentistry, social work, or
other health field;
``(II) a health care facility or system; or
``(III) a government or nonprofit entity with a history of
effective work in the fields of domestic violence, dating
violence, sexual assault, or stalking; and
``(ii) strategies for the dissemination and sharing of
curricula and other educational materials developed under the
grant, if any, with other interested health professions
schools and national resource repositories for materials on
domestic violence, dating violence, sexual assault, and
stalking.
``(C) Subsection (a)(3) grantees.--An entity desiring a
grant under subsection (a)(3) shall submit an application to
the Secretary at such time, in such a manner, and containing
such information and assurances as the Secretary may require,
including--
``(i) documentation that all training, education,
screening, assessment, services, treatment, and any other
approach to patient care will be informed by an understanding
of violence and abuse victimization and trauma-specific
approaches that will be integrated into prevention,
intervention, and treatment activities;
``(ii) strategies for the development and implementation of
policies to prevent and address domestic violence, dating
violence, sexual assault, and stalking over the lifespan in
health care settings;
``(iii) a plan for consulting with State and tribal
domestic violence or sexual assault coalitions, national
nonprofit victim advocacy organizations, State or tribal law
enforcement task forces (where appropriate), and population
specific organizations with demonstrated expertise in
domestic violence, dating violence, sexual assault, or
stalking;
``(iv) with respect to an application for a grant under
which the grantee will have contact with patients, a plan,
developed in collaboration with local victim service
providers, to respond appropriately to and make correct
referrals for individuals who disclose that they are victims
of domestic violence, dating violence, sexual assault,
stalking, or other types of violence, and documentation
provided by the grantee of an ongoing collaborative
relationship with a local victim service provider; and
``(v) with respect to an application for a grant proposing
to fund a program described in subsection (b)(2)(C)(ii), a
certification that any sexual assault forensic medical
examination and sexual assault nurse examiner programs
supported with such grant funds will adhere to the guidelines
set forth by the Attorney General.
``(d) Eligible Entities.--
``(1) In general.--To be eligible to receive funding under
paragraph (1) or (2) of subsection (a), an entity shall be--
``(A) a nonprofit organization with a history of effective
work in the field of training health professionals with an
understanding of, and clinical skills pertinent to, domestic
violence, dating violence, sexual assault, or stalking, and
lifetime exposure to violence and abuse;
``(B) an accredited school of allopathic or osteopathic
medicine, psychology, nursing, dentistry, social work, or
allied health;
``(C) a health care provider membership or professional
organization, or a health care system; or
``(D) a State, tribal, territorial, or local entity.
``(2) Subsection (a)(3) grantees.--To be eligible to
receive funding under subsection (a)(3), an entity shall be--
``(A) a State department (or other division) of health, a
State, tribal, or territorial domestic violence or sexual
assault coalition or victim service provider, or any other
nonprofit, nongovernmental organization with a history of
effective work in the fields of domestic violence, dating
violence, sexual assault, or stalking, and health care,
including physical or mental health care; or
``(B) a local victim service provider, a local department
(or other division) of health, a local health clinic,
hospital, or health system, or any other community-based
organization with a history of effective work in the field of
domestic violence, dating violence, sexual assault, or
stalking and health care, including physical or mental health
care.
``(e) Technical Assistance.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may make
grants or enter into contracts to provide technical
assistance with respect to the planning, development, and
operation of any program, activity or service carried out
pursuant to this section. Not more than 8 percent of the
funds appropriated under this section in each fiscal year may
be used to fund technical assistance under this subsection.
``(2) Availability of materials.--The Secretary shall make
publicly available materials developed by grantees under this
section, including materials on training, best practices, and
research and evaluation.
``(3) Reporting.--The Secretary shall publish a biennial
report on--
``(A) the distribution of funds under this section; and
``(B) the programs and activities supported by such funds.
``(f) Research and Evaluation.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may use not
more than 20 percent to make a grant or enter into a contract
for research and evaluation of--
``(A) grants awarded under this section; and
``(B) other training for health professionals and effective
interventions in the health care setting that prevent
domestic violence, dating violence, and sexual assault across
the lifespan, prevent the health effects of such violence,
and improve the safety and health of individuals who are
currently being victimized.
``(2) Research.--Research authorized in paragraph (1) may
include--
``(A) research on the effects of domestic violence, dating
violence, sexual assault, and childhood exposure to domestic,
dating or sexual violence on health behaviors, health
conditions, and health status of individuals, families, and
populations, including underserved populations;
``(B) research to determine effective health care
interventions to respond to and prevent domestic violence,
dating violence, sexual assault, and stalking;
``(C) research on the impact of domestic, dating and sexual
violence, childhood exposure to such violence, and stalking
on the health care system, health care utilization, health
care costs, and health status; and
[[Page H720]]
``(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.
``(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--
[[Page H721]]
``(i) states that an applicant or tenant is a victim of
domestic violence, dating violence, sexual assault, or
stalking;
``(ii) states that the incident of domestic violence,
dating violence, sexual assault, or stalking that is the
ground for protection under subsection (b) meets the
requirements under subsection (b); and
``(iii) includes the name of the individual who committed
the domestic violence, dating violence, sexual assault, or
stalking, if the name is known and safe to provide;
``(B) a document that--
``(i) is signed by--
``(I) an employee, agent, or volunteer of a victim service
provider, an attorney, a medical professional, or a mental
health professional from whom an applicant or tenant has
sought assistance relating to domestic violence, dating
violence, sexual assault, or stalking, or the effects of the
abuse; and
``(II) the applicant or tenant; and
``(ii) states under penalty of perjury that the individual
described in clause (i)(I) believes that the incident of
domestic violence, dating violence, sexual assault, or
stalking that is the ground for protection under subsection
(b) meets the requirements under subsection (b);
``(C) a record of a Federal, State, tribal, territorial, or
local law enforcement agency, court, or administrative
agency; or
``(D) at the discretion of a public housing agency or owner
or manager of housing assisted under a covered housing
program, a statement or other evidence provided by an
applicant or tenant.
``(4) Confidentiality.--Any information submitted to a
public housing agency or owner or manager under this
subsection, including the fact that an individual is a victim
of domestic violence, dating violence, sexual assault, or
stalking shall be maintained in confidence by the public
housing agency or owner or manager and may not be entered
into any shared database or disclosed to any other entity or
individual, except to the extent that the disclosure is--
``(A) requested or consented to by the individual in
writing;
``(B) required for use in an eviction proceeding under
subsection (b); or
``(C) otherwise required by applicable law.
``(5) Documentation not required.--Nothing in this
subsection shall be construed to require a public housing
agency or owner or manager of housing assisted under a
covered housing program to request that an individual submit
documentation of the status of the individual as a victim of
domestic violence, dating violence, sexual assault, or
stalking.
``(6) Compliance not sufficient to constitute evidence of
unreasonable act.--Compliance with subsection (b) by a public
housing agency or owner or manager of housing assisted under
a covered housing program based on documentation received
under this subsection, shall not be sufficient to constitute
evidence of an unreasonable act or omission by the public
housing agency or owner or manager or an employee or agent of
the public housing agency or owner or manager. Nothing in
this paragraph shall be construed to limit the liability of a
public housing agency or owner or manager of housing assisted
under a covered housing program for failure to comply with
subsection (b).
``(7) Response to conflicting certification.--If a public
housing agency or owner or manager of housing assisted under
a covered housing program receives documentation under this
subsection that contains conflicting information, the public
housing agency or owner or manager may require an applicant
or tenant to submit third-party documentation, as described
in subparagraph (B), (C), or (D) of paragraph (3).
``(8) Preemption.--Nothing in this subsection shall be
construed to supersede any provision of any Federal, State,
or local law that provides greater protection than this
subsection for victims of domestic violence, dating violence,
sexual assault, or stalking.
``(d) Notification.--
``(1) Development.--The Secretary of Housing and Urban
Development shall develop a notice of the rights of
individuals under this section, including the right to
confidentiality and the limits thereof.
``(2) Provision.--Each public housing agency or owner or
manager of housing assisted under a covered housing program
shall provide the notice developed under paragraph (1),
together with the form described in subsection (c)(3)(A), to
an applicant for or tenants of housing assisted under a
covered housing program--
``(A) at the time the applicant is denied residency in a
dwelling unit assisted under the covered housing program;
``(B) at the time the individual is admitted to a dwelling
unit assisted under the covered housing program;
``(C) with any notification of eviction or notification of
termination of assistance; and
``(D) in multiple languages, consistent with guidance
issued by the Secretary of Housing and Urban Development in
accordance with Executive Order 13166 (42 U.S.C. 2000d-1
note; relating to access to services for persons with limited
English proficiency).
``(e) Emergency Transfers.--Each appropriate agency shall
adopt a model emergency transfer plan for use by public
housing agencies and owners or managers of housing assisted
under covered housing programs that--
``(1) allows tenants who are victims of domestic violence,
dating violence, sexual assault, or stalking to transfer to
another available and safe dwelling unit assisted under a
covered housing program if--
``(A) the tenant expressly requests the transfer; and
``(B)(i) the tenant reasonably believes that the tenant is
threatened with imminent harm from further violence if the
tenant remains within the same dwelling unit assisted under a
covered housing program; or
``(ii) in the case of a tenant who is a victim of sexual
assault, the sexual assault occurred on the premises during
the 90 day period preceding the request for transfer; and
``(2) incorporates reasonable confidentiality measures to
ensure that the public housing agency or owner or manager
does not disclose the location of the dwelling unit of a
tenant to a person that commits an act of domestic violence,
dating violence, sexual assault, or stalking against the
tenant.
``(f) Policies and Procedures for Emergency Transfer.--The
Secretary of Housing and Urban Development shall establish
policies and procedures under which a victim requesting an
emergency transfer under subsection (e) may receive, subject
to the availability of tenant protection vouchers, assistance
under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)).
``(g) Implementation.--The appropriate agency with respect
to each covered housing program shall implement this section,
as this section applies to the covered housing program.''.
(b) Conforming Amendments.--
(1) Section 6.--Section 6 of the United States Housing Act
of 1937 (42 U.S.C. 1437d) is amended--
(A) in subsection (c)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(B) in subsection (l)--
(i) in paragraph (5), by striking ``, and that an incident
or incidents of actual or threatened domestic violence,
dating violence, or stalking will not be construed as a
serious or repeated violation of the lease by the victim or
threatened victim of that violence and will not be good cause
for terminating the tenancy or occupancy rights of the victim
of such violence''; and
(ii) in paragraph (6), by striking ``; except that'' and
all that follows through ``stalking.''; and
(C) by striking subsection (u).
(2) Section 8.--Section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f) is amended--
(A) in subsection (c), by striking paragraph (9);
(B) in subsection (d)(1)--
(i) in subparagraph (A), by striking ``and that an
applicant or participant is or has been a victim of domestic
violence, dating violence, or stalking is not an appropriate
basis for denial of program assistance or for denial of
admission if the applicant otherwise qualifies for assistance
or admission''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking ``, and that an incident or
incidents of actual or threatened domestic violence, dating
violence, or stalking will not be construed as a serious or
repeated violation of the lease by the victim or threatened
victim of that violence and will not be good cause for
terminating the tenancy or occupancy rights of the victim of
such violence''; and
(II) in clause (iii), by striking ``, except that:'' and
all that follows through ``stalking.'';
(C) in subsection (f)--
(i) in paragraph (6), by adding ``and'' at the end;
(ii) in paragraph (7), by striking the semicolon at the end
and inserting a period; and
(iii) by striking paragraphs (8), (9), (10), and (11);
(D) in subsection (o)--
(i) in paragraph (6)(B), by striking the last sentence;
(ii) in paragraph (7)--
(I) in subparagraph (C), by striking ``and that an incident
or incidents of actual or threatened domestic violence,
dating violence, or stalking shall not be construed as a
serious or repeated violation of the lease by the victim or
threatened victim of that violence and shall not be good
cause for terminating the tenancy or occupancy rights of the
victim of such violence''; and
(II) in subparagraph (D), by striking ``; except that'' and
all that follows through ``stalking.''; and
(iii) by striking paragraph (20); and
(E) by striking subsection (ee).
(3) Rule of construction.--Nothing in this Act, or the
amendments made by this Act, shall be construed--
(A) to limit the rights or remedies available to any person
under section 6 or 8 of the United States Housing Act of 1937
(42 U.S.C. 1437d and 1437f), as in effect on the day before
the date of enactment of this Act;
(B) to limit any right, remedy, or procedure otherwise
available under any provision of part 5, 91, 880, 882, 883,
884, 886, 891, 903, 960, 966, 982, or 983 of title 24, Code
of Federal Regulations, that--
(i) was issued under the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162; 119 Stat. 2960) or an amendment made by that Act;
and
(ii) provides greater protection for victims of domestic
violence, dating violence, sexual assault, and stalking than
this Act; or
(C) to disqualify an owner, manager, or other individual
from participating in or receiving the benefits of the low
income housing tax credit program under section 42 of
[[Page H722]]
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).
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)--
[[Page H723]]
(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 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
[[Page H724]]
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,'';
(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
[[Page H725]]
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.
``(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
[[Page H726]]
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 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
[[Page H727]]
be distributed under this paragraph shall decrease or
otherwise limit the availability of funds required to be
awarded to States or units of local government under
paragraph (3).''; and
(3) by adding at the end the following new subsections:
``(n) Use of Funds for Auditing Sexual Assault Evidence
Backlogs.--
``(1) Eligibility.--The Attorney General may award a grant
under this section to a State or unit of local government for
the purpose described in subsection (a)(7) only if the State
or unit of local government--
``(A) submits a plan for performing the audit of samples
described in such subsection; and
``(B) includes in such plan a good-faith estimate of the
number of such samples.
``(2) Grant conditions.--A State or unit of local
government receiving a grant for the purpose described in
subsection (a)(7)--
``(A) may not enter into any contract or agreement with any
non-governmental vendor laboratory to conduct an audit
described in subsection (a)(7); and
``(B) shall--
``(i) not later than 1 year after receiving the grant,
complete the audit referred to in paragraph (1)(A) in
accordance with the plan submitted under such paragraph;
``(ii) not later than 60 days after receiving possession of
a sample of sexual assault evidence that was not in the
possession of the State or unit of local government at the
time of the initiation of an audit under paragraph (1)(A),
subject to paragraph (4)(F), include in any required reports
under clause (v), the information listed under paragraph
(4)(B);
``(iii) for each sample of sexual assault evidence that is
identified as awaiting testing as part of the audit referred
to in paragraph (1)(A)--
``(I) assign a unique numeric or alphanumeric identifier to
each sample of sexual assault evidence that is in the
possession of the State or unit of local government and is
awaiting testing; and
``(II) identify the date or dates after which the State or
unit of local government would be barred by any applicable
statutes of limitations from prosecuting a perpetrator of the
sexual assault to which the sample relates;
``(iv) provide that--
``(I) the chief law enforcement officer of the State or
unit of local government, respectively, is the individual
responsible for the compliance of the State or unit of local
government, respectively, with the reporting requirements
described in clause (v); or
``(II) the designee of such officer may fulfill the
responsibility described in subclause (I) so long as such
designee is an employee of the State or unit of local
government, respectively, and is not an employee of any
governmental laboratory or non-governmental vendor
laboratory; and
``(v) comply with all grantee reporting requirements
described in paragraph (4).
``(3) Extension of initial deadline.--The Attorney General
may grant an extension of the deadline under paragraph
(2)(B)(i) to a State or unit of local government that
demonstrates that more time is required for compliance with
such paragraph.
``(4) Sexual assault forensic evidence reports.--
``(A) In general.--For not less than 12 months after the
completion of an initial count of sexual assault evidence
that is awaiting testing during an audit referred to in
paragraph (1)(A), a State or unit of local government that
receives a grant award under subsection (a)(7) shall, not
less than every 60 days, submit a report to the Department of
Justice, on a form prescribed by the Attorney General, which
shall contain the information required under subparagraph
(B).
``(B) Contents of reports.--A report under this paragraph
shall contain the following information:
``(i) The name of the State or unit of local government
filing the report.
``(ii) The period of dates covered by the report.
``(iii) The cumulative total number of samples of sexual
assault evidence that, at the end of the reporting period--
``(I) are in the possession of the State or unit of local
government at the reporting period;
``(II) are awaiting testing; and
``(III) the State or unit of local government has
determined should undergo DNA or other appropriate forensic
analyses.
``(iv) The cumulative total number of samples of sexual
assault evidence in the possession of the State or unit of
local government that, at the end of the reporting period,
the State or unit of local government has determined should
not undergo DNA or other appropriate forensic analyses,
provided that the reporting form shall allow for the State or
unit of local government, at its sole discretion, to explain
the reasoning for this determination in some or all cases.
``(v) The cumulative total number of samples of sexual
assault evidence in a total under clause (iii) that have been
submitted to a laboratory for DNA or other appropriate
forensic analyses.
``(vi) The cumulative total number of samples of sexual
assault evidence identified by an audit referred to in
paragraph (1)(A) or under paragraph (2)(B)(ii) for which DNA
or other appropriate forensic analysis has been completed at
the end of the reporting period.
``(vii) The total number of samples of sexual assault
evidence identified by the State or unit of local government
under paragraph (2)(B)(ii), since the previous reporting
period.
``(viii) The cumulative total number of samples of sexual
assault evidence described under clause (iii) for which the
State or unit of local government will be barred within 12
months by any applicable statute of limitations from
prosecuting a perpetrator of the sexual assault to which the
sample relates.
``(C) Publication of reports.--Not later than 7 days after
the submission of a report under this paragraph by a State or
unit of local government, the Attorney General shall, subject
to subparagraph (D), publish and disseminate a facsimile of
the full contents of such report on an appropriate internet
website.
``(D) Personally identifiable information.--The Attorney
General shall ensure that any information published and
disseminated as part of a report under this paragraph, which
reports information under this subsection, does not include
personally identifiable information or details about a sexual
assault that might lead to the identification of the
individuals involved.
``(E) Optional reporting.--The Attorney General shall--
``(i) at the discretion of a State or unit of local
government required to file a report under subparagraph (A),
allow such State or unit of local government, at their sole
discretion, to submit such reports on a more frequent basis;
and
``(ii) make available to all States and units of local
government the reporting form created pursuant to
subparagraph (A), whether or not they are required to submit
such reports, and allow such States or units of local
government, at their sole discretion, to submit such reports
for publication.
``(F) Samples exempt from reporting requirement.--The
reporting requirements described in paragraph (2) shall not
apply to a sample of sexual assault evidence that--
``(i) is not considered criminal evidence (such as a sample
collected anonymously from a victim who is unwilling to make
a criminal complaint); or
``(ii) relates to a sexual assault for which the
prosecution of each perpetrator is barred by a statute of
limitations.
``(5) Definitions.--In this subsection:
``(A) Awaiting testing.--The term `awaiting testing' means,
with respect to a sample of sexual assault evidence, that--
``(i) the sample has been collected and is in the
possession of a State or unit of local government;
``(ii) DNA and other appropriate forensic analyses have not
been performed on such sample; and
``(iii) the sample is related to a criminal case or
investigation in which final disposition has not yet been
reached.
``(B) Final disposition.--The term `final disposition'
means, with respect to a criminal case or investigation to
which a sample of sexual assault evidence relates--
``(i) the conviction or acquittal of all suspected
perpetrators of the crime involved;
``(ii) a determination by the State or unit of local
government in possession of the sample that the case is
unfounded; or
``(iii) a declaration by the victim of the crime involved
that the act constituting the basis of the crime was not
committed.
``(C) Possession.--
``(i) In general.--The term `possession', used with respect
to possession of a sample of sexual assault evidence by a
State or unit of local government, includes possession by an
individual who is acting as an agent of the State or unit of
local government for the collection of the sample.
``(ii) Rule of construction.--Nothing in clause (i) shall
be construed to create or amend any Federal rights or
privileges for non-governmental vendor laboratories described
in regulations promulgated under section 210303 of the DNA
Identification Act of 1994 (42 U.S.C. 14131).
``(o) Establishment of Protocols, Technical Assistance, and
Definitions.--
``(1) Protocols and practices.--Not later than 18 months
after the date of enactment of the SAFER Act of 2013, the
Director, in consultation with Federal, State, and local law
enforcement agencies and government laboratories, shall
develop and publish a description of protocols and practices
the Director considers appropriate for the accurate, timely,
and effective collection and processing of DNA evidence,
including protocols and practices specific to sexual assault
cases, which shall address appropriate steps in the
investigation of cases that might involve DNA evidence,
including--
``(A) how to determine--
``(i) which evidence is to be collected by law enforcement
personnel and forwarded for testing;
``(ii) the preferred order in which evidence from the same
case is to be tested; and
``(iii) what information to take into account when
establishing the order in which evidence from different cases
is to be tested;
``(B) the establishment of a reasonable period of time in
which evidence is to be forwarded by emergency response
providers, law enforcement personnel, and prosecutors to a
laboratory for testing;
``(C) the establishment of reasonable periods of time in
which each stage of analytical laboratory testing is to be
completed;
``(D) systems to encourage communication within a State or
unit of local government among emergency response providers,
law enforcement personnel, prosecutors, courts, defense
counsel, crime laboratory personnel, and crime victims
regarding the status of crime scene evidence to be tested;
and
[[Page H728]]
``(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
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.--
[[Page H729]]
``(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
``(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
[[Page H730]]
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 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.''.
[[Page H731]]
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--
(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.''.
[[Page H732]]
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 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;
[[Page H733]]
``(B) has demonstrated cooperation between Federal, State,
local, and, where applicable, tribal law enforcement
agencies, prosecutors, and social service providers in
addressing sex trafficking of minors;
``(C) has developed a workable, multi-disciplinary plan to
combat sex trafficking of minors, including--
``(i) building or establishing a residential care facility
for minor victims of sex trafficking;
``(ii) the provision of rehabilitative care to minor
victims of sex trafficking;
``(iii) the provision of specialized training for law
enforcement officers and social service providers for all
forms of sex trafficking, with a focus on sex trafficking of
minors;
``(iv) prevention, deterrence, and prosecution of offenses
involving sex trafficking of minors;
``(v) cooperation or referral agreements with organizations
providing outreach or other related services to runaway and
homeless youth; and
``(vi) law enforcement protocols or procedures to screen
all individuals arrested for prostitution, whether adult or
minor, for victimization by sex trafficking and by other
crimes, such as sexual assault and domestic violence; and
``(D) provides assurance that a minor victim of sex
trafficking shall not be required to collaborate with law
enforcement to have access to residential care or services
provided with a grant under this section.
``(4) Minor victim of sex trafficking.--The term `minor
victim of sex trafficking' means an individual who--
``(A) is younger than 18 years of age, and is a victim of
an offense described in section 1591(a) of title 18, United
States Code, or a comparable State law; or
``(B)(i) is not younger than 18 years of age nor older than
20 years of age;
``(ii) before the individual reached 18 years of age, was
described in subparagraph (A); and
``(iii) was receiving shelter or services as a minor victim
of sex trafficking.
``(5) Qualified nongovernmental organization.--The term
`qualified nongovernmental organization' means an
organization that--
``(A) is not a State or unit of local government, or an
agency of a State or unit of local government;
``(B) has demonstrated experience providing services to
victims of sex trafficking or related populations (such as
runaway and homeless youth), or employs staff specialized in
the treatment of sex trafficking victims; and
``(C) demonstrates a plan to sustain the provision of
services beyond the period of a grant awarded under this
section.
``(6) Sex trafficking of a minor.--The term `sex
trafficking of a minor' means an offense described in section
1591(a) of title 18, United States Code, or a comparable
State law, against a minor.
``(b) Sex Trafficking Block Grants.--
``(1) Grants authorized.--
``(A) In general.--The Assistant Attorney General, in
consultation with the Assistant Secretary, may make block
grants to 4 eligible entities located in different regions of
the United States to combat sex trafficking of minors.
``(B) Requirement.--Not fewer than 1 of the block grants
made under subparagraph (A) shall be awarded to an eligible
entity with a State population of less than 5,000,000.
``(C) Grant amount.--Subject to the availability of
appropriations under subsection (g) to carry out this
section, each grant made under this section shall be for an
amount not less than $1,500,000 and not greater than
$2,000,000.
``(D) Duration.--
``(i) In general.--A grant made under this section shall be
for a period of 1 year.
``(ii) Renewal.--
``(I) In general.--The Assistant Attorney General may renew
a grant under this section for up to 3 1-year periods.
``(II) Priority.--In making grants in any fiscal year after
the first fiscal year in which grants are made under this
section, the Assistant Attorney General shall give priority
to an eligible entity that received a grant in the preceding
fiscal year and is eligible for renewal under this
subparagraph, taking into account any evaluation of the
eligible entity conducted under paragraph (4), if available.
``(E) Consultation.--In carrying out this section, the
Assistant Attorney General shall consult with the Assistant
Secretary with respect to--
``(i) evaluations of grant recipients under paragraph (4);
``(ii) avoiding unintentional duplication of grants; and
``(iii) any other areas of shared concern.
``(2) Use of funds.--
``(A) Allocation.--Not less than 67 percent of each grant
made under paragraph (1) shall be used by the eligible entity
to provide residential care and services (as described in
clauses (i) through (iv) of subparagraph (B)) to minor
victims of sex trafficking through qualified nongovernmental
organizations.
``(B) Authorized activities.--Grants awarded pursuant to
paragraph (2) may be used for--
``(i) providing residential care to minor victims of sex
trafficking, including temporary or long-term placement as
appropriate;
``(ii) providing 24-hour emergency social services response
for minor victims of sex trafficking;
``(iii) providing minor victims of sex trafficking with
clothing and other daily necessities needed to keep such
victims from returning to living on the street;
``(iv) case management services for minor victims of sex
trafficking;
``(v) mental health counseling for minor victims of sex
trafficking, including specialized counseling and substance
abuse treatment;
``(vi) legal services for minor victims of sex trafficking;
``(vii) specialized training for social service providers,
public sector personnel, and private sector personnel likely
to encounter sex trafficking victims on issues related to the
sex trafficking of minors and severe forms of trafficking in
persons;
``(viii) outreach and education programs to provide
information about deterrence and prevention of sex
trafficking of minors;
``(ix) programs to provide treatment to individuals charged
or cited with purchasing or attempting to purchase sex acts
in cases where--
``(I) a treatment program can be mandated as a condition of
a sentence, fine, suspended sentence, or probation, or is an
appropriate alternative to criminal prosecution; and
``(II) the individual was not charged with purchasing or
attempting to purchase sex acts with a minor; and
``(x) screening and referral of minor victims of severe
forms of trafficking in persons.
``(3) Application.--
``(A) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the
Assistant Attorney General at such time, in such manner, and
accompanied by such information as the Assistant Attorney
General may reasonably require.
``(B) Contents.--Each application submitted pursuant to
subparagraph (A) shall--
``(i) describe the activities for which assistance under
this section is sought; and
``(ii) provide such additional assurances as the Assistant
Attorney General determines to be essential to ensure
compliance with the requirements of this section.
``(4) Evaluation.--The Assistant Attorney General shall
enter into a contract with an academic or non-profit
organization that has experience in issues related to sex
trafficking of minors and evaluation of grant programs to
conduct an annual evaluation of each grant made under this
section to determine the impact and effectiveness of programs
funded with the grant.
``(c) Mandatory Exclusion.--An eligible entity that
receives a grant under this section that is found to have
utilized grant funds for any unauthorized expenditure or
otherwise unallowable cost shall not be eligible for any
grant funds awarded under the grant for 2 fiscal years
following the year in which the unauthorized expenditure or
unallowable cost is reported.
``(d) Compliance Requirement.--An eligible entity shall not
be eligible to receive a grant under this section if, during
the 5 fiscal years before the eligible entity submits an
application for the grant, the eligible entity has been found
to have violated the terms or conditions of a Government
grant program by utilizing grant funds for unauthorized
expenditures or otherwise unallowable costs.
``(e) Administrative Cap.--The cost of administering the
grants authorized by this section shall not exceed 3 percent
of the total amount appropriated to carry out this section.
``(f) Audit Requirement.--For fiscal years 2016 and 2017,
the Inspector General of the Department of Justice shall
conduct an audit of all 4 eligible entities that receive
block grants under this section.
``(g) Match Requirement.--An eligible entity that receives
a grant under this section shall provide a non-Federal match
in an amount equal to not less than--
``(1) 15 percent of the grant during the first year;
``(2) 25 percent of the grant during the first renewal
period;
``(3) 40 percent of the grant during the second renewal
period; and
``(4) 50 percent of the grant during the third renewal
period.
``(h) No Limitation on Section 204 Grants.--An entity that
applies for a grant under section 204 is not prohibited from
also applying for a grant under this section.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated $8,000,000 to the Attorney
General for each of the fiscal years 2014 through 2017 to
carry out this section.
``(j) GAO Evaluation.--Not later than 30 months after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit a report to Congress that
contains--
``(1) an evaluation of the impact of this section in aiding
minor victims of sex trafficking in the jurisdiction of the
entity receiving the grant; and
``(2) recommendations, if any, regarding any legislative or
administrative action the Comptroller General determines
appropriate.''.
(b) Sunset Provision.--The amendment made by subsection (a)
shall be effective during the 4-year period beginning on the
date of the enactment of this Act.
[[Page H734]]
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 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
[[Page H735]]
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 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.
The SPEAKER pro tempore. After 1 hour of debate on the bill equally
divided and controlled by the majority leader and the minority leader
or their designees, it shall be in order to consider an amendment in
the nature of a substitute consisting of the text of Rules Committee
print 113-2, if offered by the majority leader or his designee, which
shall be in order without intervention of any point of order, shall be
considered as read, and shall be separately debatable for 20 minutes
equally divided and controlled by the proponent and an opponent.
The gentlewoman from Washington (Mrs. McMorris Rodgers) and the
gentlewoman from California (Ms. Pelosi) each will control 30 minutes.
The Chair recognizes the gentlewoman from Washington.
General Leave
Mrs. McMORRIS RODGERS. Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days within which to revise and
extend their remarks and include extraneous materials on S. 47,
currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Washington?
There was no objection.
Mrs. McMORRIS RODGERS. Madam Speaker, I yield myself such time as I
may consume.
Today, as we consider the Violence Against Women Act, I'd like to
start by thanking our majority leader, Eric Cantor, and many
Republicans in the House for their time and their commitment to this
important issue.
The Violence Against Women Act first passed on the floor of this very
House nearly two decades ago, and it has long enjoyed bipartisan
support. Years later--after two reauthorizations, a pivotal Supreme
Court case, and a nationwide expansion of laws condemning violence
against women--Republicans are committed to protecting victims of
violence and putting offenders behind bars. That's why we are bringing
it to the floor today.
It's important to protect all women against acts of domestic violence
and other violent crimes and ensure that resources go directly to the
victims. Because that is what this bill is really about: It's about
people.
It's time to remember why this bill passed nearly two decades ago.
Protecting women was our first priority then, and it should be our
first priority now.
I reserve the balance of my time.
Ms. PELOSI. Madam Speaker, I yield myself 1 minute.
[[Page H736]]
Madam Speaker, when Congress enacted the original Violence Against
Women Act nearly two decades ago, we sent a very clear and immediate
message to the American people: no--and I emphasize ``no''--woman would
ever be forced to suffer in silence in the face of abuse. No one would
ever be forced to fear for their lives and their safety in their own
homes because of domestic violence. That promise formed the foundation
of our work then, and it has served as a cornerstone for our efforts in
the years since to reauthorize and strengthen this landmark law.
Even as the times have changed, our commitments have remained the
same, and strong, yet over the years we have always sought out ways to
improve this legislation. Today on the floor of the House we will have
a very clear choice. We have the choice to support the bipartisan
legislation that has passed in the United States Senate. It passed 78-
22. Seventy-eight percent of the Senate voted for this legislation. A
majority of the Republicans in the Senate supported this legislation.
All of the women in the Senate--Democrats and Republicans alike--
support the bipartisan legislation that I hope we will have an
opportunity to vote on today on the floor of the House.
In contrast, we have the House Republican proposal, which, while
described in such lovely terms, is a step backward for the women in
America and those who suffer domestic violence or sexual assault.
{time} 0920
It's really hard to explain why, what eyes are the Republicans
looking through, that they do not see the folly of their ways on this
legislation that they are proposing. Not only is it much weaker than
the Senate bill; it is much weaker than current law. And that is why
whatever groups you want to name, whether it's 1,300 groups opposed
from A to Y--we don't have a Z--any groups that have anything to do
with this matter throughout our country, in every State, oppose the
Republican legislation that is on the floor today.
This is what the American Bar Association has stated in its letter to
Members in opposition to the Republican bill. It says:
The House substitute eliminates certain critical
improvements and actually rolls back some provisions of the
law that have been successful.
So let's understand the difference between these two pieces of
legislation that are on the floor today. Our bill, again, a reflection
of the bipartisan bill in the Senate, says to all American women: you
will be protected. The Republican bill says to the women of America: we
want to protect America's women, everybody step forward--who is an
American woman. Not so fast if you're from the immigrant community, if
you are a Native American, or if you happen to be part of the LGBT
community.
It's just not right. America has always been, and our Constitution
demonstrates, a country of expanding opportunity, protection, and
diminishing discrimination. And today on the floor of the House, the
Republican bill discriminates against a woman if she is lesbian or gay
or whatever, LGBT, a member of that community; discriminates against a
woman if she lives on a reservation and has been assaulted by someone
not from the reservation; discriminates against women in terms of their
immigration status--exactly the women who are the most vulnerable and
who are in situations where there's a power over them, whether it's
immigration law or whatever. The most in need of this bill are excluded
by the Republican--the Republican proposal.
So this Republican proposal is nothing to be proud of. It must be
defeated, and its defeat will enable us to bring to the floor the
Senate's bipartisan, overwhelmingly passed and supported legislation
which strengthens current law, not weakens it, and expands the
legislation which was passed.
It has not been a bipartisan issue. I was here when the bill passed
before. I saw the great work of Pat Schroeder and of Louise Slaughter,
who argued so beautifully for this legislation yesterday as the ranking
Democrat on the Rules Committee. I salute the work of Joe Biden, who
was really the author. Without Vice President Biden, at that time there
would not have been a Violence Against Women Act. I am so proud of the
work of our chairman, a leader on this legislation then and now,
Chairman John Conyers, former chair of the Judiciary Committee, now-
ranking member. We will be hearing more from him shortly. He has been
there steady and strong as a champion in the fight to end violence
against women. Thank you.
Our legislation today, the Democratic proposal, is really a
bipartisan proposal from the Senate that is authored and presented by
Congresswoman Gwen Moore of Wisconsin. Congresswoman Gwen Moore has
shared her own personal story with us. The strength of her knowledge of
the issue, whether it's knowledge of the legislation or knowledge of
the trauma of domestic violence and assault, is something that has
impressed so many of us. And when we pass this legislation--and we
will--it will be in large measure because of her leadership, her
persistence, her wisdom, her knowledge of this issue and the difference
that every word in the legislation means in the homes of America and
for women who are at risk.
Now, who thinks this is a good idea? I don't know. I hear the
gentlewoman, who commands great respect in this body, describe this
bill as if it is a good thing. It is not. Why does this take so long?
It has been over 500 days, Madam Speaker, 500 days, my colleagues,
since the expiration of the Violence Against Women Act. Last spring,
almost 1 year ago, April of last year, the Senate, in a bipartisan way,
passed the Violence Against Women Act--in a bipartisan way.
Months have gone by with no reauthorization. Congress ended. A new
Congress came in, and the Senate, once again voted--and again in a
strong, bipartisan way--for legislation. The House Republicans want to
be odd man out on this, or odd person out on this, and have a bill that
weakens current law as well as does not rise to the occasion of
changing times that the Senate bill does.
Others of my colleagues will go into more of the specifics of it.
It's just too much to put into the Record of all of the groups who
oppose the House bill. It is almost unanimous. The only people who were
holding out were those who were hopeful that something, that light
would be shed on this, on the Republican side of the aisle. But this is
a remarkable day because we have clarity. And between the two proposals
that are coming forth, one of them has the support of Democrats and
Republicans in the Senate, Democrats in the House, and the President of
the United States stands ready to sign it. The other is opposed by
almost everybody that has anything to do with addressing the challenge
of violence against women, and we have the documentation to prove that
without going into the specifics.
I just want to say how proud I am of Congresswoman Gwen Moore. She
comes from Wisconsin, and she is a respected leader in the House. She
has made this, I would say, her life's work. But she has a number of
things on her agenda. She has made a tremendous difference, not only in
terms of this legislation, but more importantly in terms of what it
means, what it means in the lives of America's women--all of America's
women.
With that, Madam Speaker, I reserve the balance of my time.
Mrs. McMORRIS RODGERS. Madam Speaker, just to make a couple of
clarifications, number one, the House, led by the Republicans, passed
legislation in early May last year to reauthorize the Violence Against
Women Act and, number two, funding has continued, $599 million.
At this time, I'm pleased to yield 2 minutes to the gentleman from
North Dakota, Kevin Cramer.
Mr. CRAMER. Madam Speaker, just under 3 years ago, a 2-year-old
little boy in Bismarck, North Dakota, watched for half an hour while
his stepfather beat his mother to death. Today, that little boy is my
5-year-old son. Kris and I were blessed, and are blessed, to have been
able to adopt Abel into our family where we work every day to dilute
the memories of that awful night and many previously to it with new
memories of love and affection.
I know the scourge of violence against women personally. It is not an
abstract concept to my family. It's very real. That is why I support
and will vote today for the Violence Against Women Act, because I want
the shelters and programs that keep
[[Page H737]]
women safe to be well funded. I want the advocates of change to have
the resources to turn victims into victors. I want law enforcement
officers and prosecutors to have the tools to impose justice on behalf
of my son and other women and children. It is not just theoretical to
me. It's personal to me.
While I support the Violence Against Women Act because it is
personal, I support this amendment because it's principled. Our
Constitution in its genius guarantees due process--due process--to the
accused. The concept of ``innocent until proven guilty'' is known as
the cornerstone of American justice. It is what gives moral authority
to our system of justice.
By codifying the language acknowledging ``inherent sovereignty,'' I
fear we risk giving up the moral high ground for a political slogan
that does nothing to protect the victims of violence.
{time} 0930
Even if you are willing to rationalize trading justice through due
process guaranteed in the 5th and 14th Amendments of our Constitution
we pledged to uphold, please consider the damage we will have done if a
court overturns this act and its protections because we wanted a good
political slogan more than a good law.
Friends, let's vote for the Violence Against Women Act that not only
protects the vulnerable in our society, but also protects the civil
liberties upon which our system of justice is built.
Ms. PELOSI. Madam Speaker, I yield 1 minute to the gentlewoman from
Wisconsin, the champion on fighting violence against women,
Congresswoman Moore.
Ms. MOORE. Madam Speaker, as I stand under the ``E Pluribus Unum,'' I
pray that this body will do as the Senate has done and come together as
one to protect all women from violence.
As I think about the LGBT victims that are not here, the native women
that are not here, the immigrants who are not included in this bill, I
would say, as Sojourner Truth would say, Ain't they women? They deserve
protections. And we talk about the constitutional rights. Don't women
on tribal lands deserve the constitutional right of equal protection
and not to be raped and battered and beaten and dragged back onto
native lands because they know they can be raped with impunity? Ain't
they women?
Once again we stand at an important moment in history, when the House
stands poised to choose between the Republican ``alternative'' to the
Violence Against Women Reauthorization Act and the bipartisan,
comprehensive Senate bill.
We can choose the real VAWA--which is the Senate bill--that will take
positive steps towards ensuring the safety of all women. Or we can
choose the House GOP VAWA bill. Now this bill may look good on the
surface, bearing the same bill number as the Senate bill. But it is
really a wolf in sheep's clothing and would exclude victims and weaken
the strong, bipartisan Senate bill.
The choice is ours to make, and the choice is clear.
It pains me to say that House Republicans took the Senate bill, which
received such a strong bipartisan vote--winning the support of all
Democrats, all female Senators, and a majority of Republicans--and
transformed it into something nearly unrecognizable.
I have been a proud sponsor of the House version of the Senate bill--
H.R. 11--and it has truly been rewarding to work to advance this
legislation in the House. This bill reflects years upon years of
analysis and best practices, and input from law enforcement, victims,
service providers, and many more.
But beyond the updates that have been recommended by the experts--the
Senate bill is meaningful to me because of the people it will allow us
to reach. I know how it feels to survive a traumatic experience and not
have access to services. It is simply heart-breaking to think that
every day we delay, there are women, and men, across this country who
have nowhere to turn.
The Senate version of the VAWA bill, which we will thankfully have
the opportunity to consider on the House floor today, would be the one
that actually offers hope--to: LGBT victims, tribal victims, women on
college campuses, immigrants, rape survivors waiting for justice, and
human trafficking victims.
The Republican alternative, on the other hand, is a shadow of the
bill these victims need.
I have a number of concerns about the House alternative. Several of
the advocacy groups have determined that this legislation rolls back
existing protections for victims, much like the bill we considered last
year here in the House.
But I'm also concerned about the reality that this House bill further
marginalizes the most vulnerable populations of victims. It amazes me,
that my Republican colleagues would rather be exclusive than inclusive.
The House bill removes protections for LGBT victims, who face
domestic and sexual violence at rates equal to or greater than the rest
of us, but who often face barriers to receiving services. Are LGBT
women not worthy of protection?
The House bill fails to offer meaningful protections for tribal
victims, though domestic violence in tribal communities is an epidemic.
Are tribal women not worthy of protection?
The House bill does not include protections for our students on
college campuses, though we know that college campuses--which are
supposed to be the site of learning and transformation and personal
growth--are all too often the site of horrifying assaults against
vulnerable young women. Are our young college women students not worthy
of protection?
The House bill removes the human trafficking legislation that passed
with the support of a whopping 93 Senators. Are we unwilling to protect
our women who are being sold throughout this country and abroad like
chattel? Are they not worthy of protection?
The House bill is weaker in almost every way, for every group of
victims. They even pared down the pieces that have not gained much
attention, perhaps assuming we wouldn't notice--like the housing
protections that allow victims of violence to quickly get out of
dangerous homes and into homes that will keep them safe from further
abuse and harm.
Implementing the House GOP VAWA bill would set the plight of women
and our country as a whole back indefinitely. But we have a choice and
the right choice would be to support the strong, bipartisan Senate
version of VAWA--S. 47.
S. 47, the Senate bill. The Senate bill:
Renews successful programs such as STOP Grants and Transitional
Housing Assistance Grants, legal assistance for victims, and many
others that have helped law enforcement, prosecutors, and victim
service providers assist women in need and hold perpetrators
accountable.
Includes a new focus on sexual assault--due to the ongoing reality of
inadequate reporting, enforcement, and services for victims--including
a requirement that STOP grant recipients set aside 20 percent of their
funds for sexual assault-related programs.
Includes new tools and best practices for reducing homicide by
training law enforcement, victims service providers, and court
personnel to intervene more effectively and quickly when they connect
with higher-risk victims.
And, of course, the bill improves protections for immigrant
survivors, Native American women, and LGBT victims.
As we have debated this bill over the past year or so, I have felt
like I was in the Twilight Zone. Some alternate reality, where the
passage of a bill; a bill that is supposed to protect all women; a bill
that not too long ago would just seem like common sense; a bill that
has previously enjoyed broad bipartisan support would be held up and
watered down for purely partisan reasons. I found myself asking, ``when
will it end?''
The answer to that question is that it ends today. Right now. It is
time to put up or shut up. On behalf of all victims and survivors of
sexual or domestic assault, I challenge all of my colleagues to make
the right choice. We all know that the Senate bill is the real
comprehensive Violence Against Women Legislation that will protect all
women. And we must vote against the House GOP VAWA and pass the Senate
version of VAWA now. Women won't wait any longer. Now is the time to
show the people of this country that we value the lives of all women.
Why Section 904 of S. 47 Is Constitutional Under the Supreme Court's
Precedent in United States v. Lara
Based upon Hearing Before the Senate Committee on Indian Affairs, S.
Hrg. 112-489, at 129-34(2011) (responses to questions for the record of
Thomas J. Perrelli, Associate Attorney General)
Section 904 of S. 47, the Senate-passed version of the
Violence Against Women Reauthorization Act of 2013, is
constitutional under the U.S. Supreme Court's precedent in
United States v. Lara, 541 U.S. 193 (2004). In Lara, the
Supreme Court addressed a Federal statute providing that
Indian tribes' governmental powers include ``the inherent
power of Indian tribes, hereby recognized and affirmed, to
exercise criminal jurisdiction over all Indians,'' including
Indians who are not members of the prosecuting tribe (i.e.,
``nonmember Indians''). Id. at 210 (appendix, quoting the
statute). The Court held generally that Congress has the
constitutional power to relax restrictions on the exercise of
tribes' inherent legal authority, id. at 196, and more
specifically that ``the Constitution authorizes Congress to
permit tribes, as an exercise of their inherent tribal
authority, to prosecute nonmember Indians,'' id. at 210.
The Senate VAWA reauthorization bill, S. 47, uses language
that is nearly identical to the statutory language at issue
in Lara: Specifically, Section 904 of the Senate bill
provides that a tribe's governmental powers
[[Page H738]]
``include the inherent power of that tribe, which is hereby
recognized and affirmed, to exercise special domestic
violence criminal jurisdiction over all persons,'' including
non-Indians. As Lara strongly suggests, Congress has the
constitutional authority to enact this statute.
The central question raised in Lara was whether Congress
has the constitutional power to recognize Indian tribes'
``inherent'' authority to prosecute nonmembers. The Court's
conclusion that Congress did indeed have this power under the
Federal Constitution rested on six considerations, all of
which apply to Section 904 of the Senate bill as well:
(1) ``the Constitution grants Congress broad general powers
to legislate in respect to Indian tribes,'' id. at 200;
(2) ``Congress, with this Court's approval, has interpreted
the Constitution's `plenary' grants of power as authorizing
it to enact legislation that both restricts and, in turn,
relaxes those restrictions on tribal sovereign authority,''
id. at 202;
(3) ``Congress' statutory goal--to modify the degree of
autonomy enjoyed by a dependent sovereign that is not a
State--is not an unusual legislative objective,'' id. at 203;
(4) there is ``no explicit language in the Constitution
suggesting a limitation on Congress' institutional authority
to relax restrictions on tribal sovereignty previously
imposed by the political branches,'' id. at 204;
(5) ``the change at issue here is a limited one, . . .
[largely concerning] a tribe's authority to control events
that occur upon the tribe's own land,'' id.; and
(6) the Court's ``conclusion that Congress has the power to
relax the restrictions imposed by the political branches on
the tribes' inherent prosecutorial authority is consistent
with [the Supreme Court's] earlier cases,'' id. at 205.
Each of these six considerations also applies to Section
904 of the Senate bill. That is self-evident for the first
four of those six considerations.
As to the fifth consideration, like the statute at issue in
Lara, Section 904 of the Senate bill would effectuate only a
limited change. Section 904 would touch only those criminal
acts that occur in the Indian country of the prosecuting
tribe and therefore would not cover off-reservation crimes.
Section 904 would affect only those crimes that have Indian
victims. Tribal courts could not try cases involving only
non-Indians. Unlike the statute at issue in Lara, which
covered all types of crimes, Section 904 is narrowly focused
on a particular subset of crimes: those involving domestic
violence, crimes of dating violence, and criminal violations
of protection orders. The term ``domestic violence'' is
expressly defined in Section 904 to deal with violence
committed by the victim's current or former spouse, by a
person with whom the victim shares a child in common, or by a
person who is cohabiting or has cohabited with the victim as
a spouse. Similarly, Section 904 expressly defines the term
``dating violence'' to mean 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. Likewise, protection orders typically involve
spouses or intimate partners.
In combination, these three features of Section 904--being
limited to narrow categories of crimes such as domestic
violence and dating violence, the requirement that the crime
occurred in the prosecuting tribe's Indian country, and the
requirement that the victim be an Indian--will confine
prosecutions to conduct that seriously threatens Indians'
health and welfare and is committed by persons who, though
non-Indian, have entered into consensual relationships with
the tribe or its members. The paradigmatic example of a crime
covered by Section 904 would be an assault by a non-Indian
husband against his Indian wife in their home on the
reservation. Section 904 would not cover crimes involving two
non-Indians, two strangers, or two persons who lack ties to
the Indian tribe.
Section 904 is also limited in its impact on non-tribal
jurisdictions. Under Section 904, tribes would exercise
criminal jurisdiction concurrently, not exclusively. The Act
would not create or eliminate any Federal or State criminal
jurisdiction over Indian country. Nor would it affect the
authority of the United States or any State to investigate
and prosecute crimes in Indian country.
In most respects, then, Section 904 of the Senate bill is
far narrower than the statute upheld by the Supreme Court in
Lara.
As to the sixth consideration analyzed by the Lara Court,
concerning the Supreme Court's precedents, it is noteworthy
that in Oliphant v. Suquamish Indian Tribe, 435 U.S. 191
(1978), the key precedent here, the Court suggested that
Congress has the constitutional authority to recognize and
thus restore Indian tribes' inherent power to exercise
criminal jurisdiction over non-Indians. Id. at 195 & n.6,
210-12. Indeed, the Oliphant Court expressly stated that the
increasing sophistication of tribal court systems, the Indian
Civil Rights Act's protection of defendants' procedural
rights, and the prevalence of non-Indian crime in Indian
country are all ``considerations for Congress to weigh in
deciding whether Indian tribes should finally be authorized
to try non-Indians.'' Id. at 212.
As the Lara Court explained, the Oliphant decision ``did
not set forth constitutional limits that prohibit Congress
from changing the relevant legal circumstances, i.e., from
taking actions that modify or adjust the tribes' status.''
Lara, 541 U.S. at 205 (citing Oliphant, 435 U.S. at 209-10).
Oliphant ``make[s] clear that the Constitution does not
dictate the metes and bounds of tribal autonomy,'' and the
Federal courts should not ``second-guess the political
branches' own determinations'' about those metes and bounds.
Id. In short, under both Oliphant and Lara, it is
constitutional for ``Congress to change 'judicially made'
federal Indian law through [the] kind of legislation'' that
the Senate is currently considering. Id. at 207.
After analyzing the six considerations listed above and
concluding that Congress can recognize tribes' inherent
authority to prosecute nonmembers, the Court responded to
three ancillary arguments that Mr. Lara had raised. Each of
those arguments is also well addressed by Section 904 of the
Senate bill.
First, Mr. Lara argued that the Indian Civil Rights Act
does not protect an indigent defendant's constitutional right
to appointed counsel in cases imposing a term of
imprisonment. Id. at 207. But under the Senate bill, in any
case in which a term of imprisonment of any length may be
imposed, the tribe must provide to an indigent defendant--at
the tribe's expense--the effective assistance of a licensed
defense attorney at least equal to that guaranteed by the
United States Constitution.
Second, Mr. Lara argued that the statute at issue there
made ``all Indians'' subject to tribal prosecution while
excluding all non-Indians, which he claimed violated the
Equal Protection Clause. The Court did not address the
argument because it would not have altered the outcome of Mr.
Lara's case. But in any event, no such argument could be made
against Section 904 of the Senate bill, because Section 904
recognizes tribes' ``inherent power . . . to exercise special
domestic violence criminal jurisdiction over all persons''
(emphasis added). So the plain text of this legislation,
unlike the statute at issue in Lara, does not distinguish
nonmember Indians from non-Indians.
Third, Mr. Lara argued that United States citizens cannot
be tried and convicted by a political body that does not
include them unless the citizens are provided all Federal
constitutional safeguards. This, too, is addressed in the
Senate bill. Under Section 904, a non-Indian citizen of the
United States would effectively have at least the same rights
in tribal court that he would have in state court. For
example, in any case involving imprisonment, the following
rights would all be protected:
The right not to be deprived of liberty or property without
due process of law.
The right to the equal protection of the tribe's laws.
The right against unreasonable search and seizures.
The right not to be twice put in jeopardy for the same
tribal offense.
The right not to be compelled to testify against oneself in
a criminal case.
The right to a speedy and public trial.
The right to a trial by a jury of not fewer than six
persons.
The right to a trial by an impartial jury that is drawn
from sources that reflect a fair cross-section of the
community and do not systematically exclude any distinctive
group in the community, including non-Indians.
The right to be informed of the nature and cause of the
accusation in a criminal case.
The right to be confronted with adverse witnesses.
The right to compulsory process for obtaining witnesses in
one's favor.
The right to have the assistance of defense counsel.
The right to effective assistance of counsel at least equal
to that guaranteed by the United States Constitution.
The right of an indigent defendant to the assistance of a
licensed defense attorney at the tribe's expense.
The right to be tried before a judge with sufficient legal
training and who is licensed to practice law.
The rights against excessive bail, excessive fines, and
cruel and unusual punishments.
The right to access the tribe's criminal laws, rules of
evidence, and rules of criminal procedure.
The right to an audio or other recording of the trial
proceeding and a record of other criminal proceedings.
The right to petition a Federal court for a writ of habeas
corpus, to challenge the legality of one's detention by the
tribe.
The right to petition a Federal court to be released
pending resolution of the habeas corpus petition.
Finally, one last constitutional concern was aired in Lara,
although it was not discussed in the Court's majority
opinion. Writing only for himself, Justice Kennedy suggested
that the Constitution's structure, based as it is on ``a
theory of original, and continuing, consent of the
governed,'' forbids a tribe from prosecuting any U.S. citizen
who never consented to be subjected to the tribe's
jurisdiction. Lara, 541 U.S. at 212 (Kennedy, J., concurring
in the judgment). Of course, the majority of the Court in
Lara--including Chief Justice Rehnquist, who wrote the
Court's opinion in Oliphant--implicitly rejected Justice
Kennedy's view, since Mr. Lara himself was a U.S. citizen who
had never consented to be subjected to the jurisdiction of
the tribe that prosecuted him. Id.
Moreover, the majority correctly rejected Justice Kennedy's
originalist argument because most treaties that the United
States
[[Page H739]]
entered into with Indian tribes between 1785 and 1795--that
is, both immediately before and immediately after the
drafting and ratification of the Constitution--expressly
provided for tribal criminal jurisdiction over non-Indians
residing in Indian country. For example, the very first
Indian treaty ratified by the United States Senate under the
Federal Constitution--the 1789 Treaty with the Wyandot,
Delaware, Ottawa, Chippewa, Potawatomi, and Sac Nations--
provided that, ``[i]f any person or persons, citizens or
subjects of the United States, or any other person not being
an Indian, shall presume to settle upon the lands confirmed
to the said [Indian tribal] nations, he and they shall be out
of the protection of the United States; and the said nations
may punish him or them in such manner as they see fit''
(emphasis added). Similar language appeared in the last
Indian treaty ratified before the Constitutional Convention--
the 1786 Treaty with the Shawnee Nation. It is difficult,
then, to say that allowing non-Indian citizens of the United
States to be tried and punished by Indian tribes for crimes
committed in Indian country is somehow contrary to the
Framers' understanding of the Constitution's design. Thus,
the Lara Court's holding that Indian tribes' status as
domestic dependent nations does not prevent Congress from
recognizing their inherent authority to prosecute nonmembers
is solidly grounded in our constitutional history. And with
Congress's express authorization, an Indian tribe can
prosecute a non-Indian U.S. citizen, regardless of whether he
has consented to the tribe's jurisdiction.
It is important to note that while the elements of Section
904 discussed above are more than sufficient to address the
considerations raised by the Lara Court, we do not mean to
suggest that each of these elements is required in order to
address these considerations.
Mrs. McMORRIS RODGERS. Madam Speaker, I yield 2 minutes to the
gentleman from Pennsylvania, Pat Meehan, a champion in prosecuting
those in domestic violence situations.
Mr. MEEHAN. Madam Speaker, I rise to encourage my colleagues from
both sides of the aisle to put aside this rhetoric and to find a way to
work together to pass the Violence Against Women Act, to move this
important legislation forward in a way in which we can reach a
resolution.
I come to this as a former prosecutor who has seen firsthand the
implications. I come to give a voice to people who do not have an
opportunity to speak for themselves. Because one of the things that we
realize is that a woman will be victimized 12 times, beaten 12 times
before she has the courage to come forward to speak to somebody who
needs to be there, to be able to help give them a sense of comfort and
dignity to be able to retain control over the circumstances. The
Violence Against Women Act enables the kinds of resources to be there
to have the trained personnel who can make a difference.
I had a chance to visit SANE nurses, who work in emergency wards,
giving victims of rape the dignity to be able to have an examination in
the privacy of a room, as opposed to being violated a second time out
in a public space in an emergency ward, to reduce the time they have to
spend for that examination from 13 hours after a rape to 2 hours, to be
able to collect the evidence and to help that victim to be able to make
their case if they so choose in court.
I have had a chance to work with victims of violence on college
campuses--one in four women who have, in college campuses, reported
that they have been victims of rape or attempted rape.
So, unquestionably, we must find a way to pass the Violence Against
Women Act in the same way we must reduce the rhetoric and the
misrepresentations and the shamefulness representations on both sides
about the good intentions to try to do this. There are differences of
opinion in small areas. We must find a way to get over those. I rise
today to make sure that we give a voice to those victims, to work
together to find a way to pass the Violence Against Women Act.
Ms. PELOSI. Madam Speaker, I yield 1 minute to the gentlewoman from
Washington State, Congresswoman DelBene.
Ms. DelBENE. Madam Speaker, I rise in support of S. 47, the Senate-
passed version of the Violence Against Women Reauthorization Act. I
want to thank the Speaker for bringing this bill to the floor for
debate.
In a time when we must resolve some real disagreements on how to move
our country forward, I'm pleased that we're taking this important step
towards the shared goal of reauthorizing the landmark Violence Against
Women Act. However, I cannot support the House substitute amendment,
because it fails to include critical improvements passed by a large
bipartisan margin in the Senate that would strengthen our efforts to
combat violence against women.
I'm particularly disappointed that this amendment omits provisions
that would enable tribes to address domestic violence in Indian
country. This is an issue that's critical in my district. The Lummi
Nation, for example, which I visited just last week in Bellingham,
Washington, has seen significant increases in violence against women
over the past several years. The House substitute would continue to
allow for disparate treatment of Indian and non-Indian offenders, while
the bipartisan Senate bill includes key provisions that fill this legal
gap.
There are many other ways in which the House substitute amendment
unfortunately falls short.
For these reasons, I urge my colleagues to oppose the substitute
amendment and support the Senate-passed reauthorization bill.
Mrs. McMORRIS RODGERS. Madam Speaker, I am pleased to yield 2 minutes
to the gentlelady from West Virginia (Mrs. Capito).
Mrs. CAPITO. Thank you, Madam Chair.
Madam Speaker, I rise today to support the reauthorization of VAWA,
Violence Against Women Act. This is extremely important.
I was a past president of a YWCA that has a domestic violence shelter
in my hometown of Charleston, West Virginia. I have witnessed firsthand
the good work that they do and that other statewide advocates do in
this area of sexual assault and violence against women, and I realize
that this is way long overdue and necessary. In West Virginia, every 9
minutes a call is made about our domestic violence on the domestic
violence hotline.
I'm really here, too, to talk about an incident that we never want to
see happen again, and that's a little boy named Jahlil Clements, who
was from my hometown of Charleston, West Virginia. He was in a car with
his mother and his mother's boyfriend, and his mother's boyfriend began
beating his mother. And he got so afraid, and the car stopped on the
interstate, that Jahlil got out of that car and started running across
the interstate to get help for his mother. He was hit and killed in the
interstate because he was witnessing firsthand one of the most horrible
acts of domestic violence. His mother was in danger and he wanted to
help her.
If we don't intervene, if we don't find help, if we don't end this
cycle of violence for the Jahlil Clements of this country, we're doing
a great disservice to our country. So I'm going to vote ``no'' on the
House bill and ``yes'' on the Senate bill for Jahlil Clements and all
the Jahlil Clements throughout this great country.
Ms. PELOSI. Madam Speaker, I yield 1 minute to the distinguished
chair of the House Democratic Caucus, Mr. Becerra of California.
Mr. BECERRA. I thank the leader for yielding.
My friends, every single day in America, three women die at the hands
of domestic violence. Yet this Congress allowed the Violence Against
Women Act to expire more than 500 days ago, every one of those 500 days
three women dying at the hands of domestic violence.
There's been a balanced bipartisan solution passed in the Senate by a
vote of 68-31 that has been sitting on the table for almost a year to
reenact the Violence Against Women Act. The failure or reluctance of
this House to do its work for the American people seems to have now
become business as usual. This should not be the new normal.
The 113th Congress has now been in session for 56 days in 2013, and
it is only now that a debate on an up or down vote on the bipartisan
Senate bill will have an opportunity to be had.
Every woman in America deserves a clean bill to come before them to
reenact the Violence Against Women Act, and those three women in
America who today desperately seek to beat the odds and live to see
another day deserve a vote. We must defeat the Republican substitute
amendment and pass the Senate bipartisan bill.
{time} 0940
Mrs. McMORRIS RODGERS. I reserve the balance of my time.
[[Page H740]]
Ms. PELOSI. Madam Speaker, I am pleased to yield 1 minute to the
gentleman from California, Congressman Bera, a physician and a new
Member of Congress.
Mr. BERA of California. Today, I rise as a doctor to talk about the
patients that I've taken care of who have suffered as victims of
domestic violence.
As doctors, we don't choose to treat one patient or another patient.
We choose to take care of every patient who presents, and as Members of
Congress--as Americans--we don't choose to protect one woman and not
protect another. We choose to protect all women in America. That is who
we are as a Nation. I urge this body to reject the House version of
this bill and to pass the bipartisan Senate version, which is a
reflection of who we are in America and our values.
As the father of a daughter, this is personal. I want my daughter to
grow up in a country in which we value and respect every woman
regardless of her background, ethnicity, creed. This is personal. Let's
do the right thing. I urge this body to do the right thing today--pass
the Senate's version of the Violence Against Women Act.
Mrs. McMORRIS RODGERS. Madam Speaker, I continue to reserve the
balance of my time.
Ms. PELOSI. Madam Speaker, I am pleased to yield 1 minute to a
champion on protecting women and protecting them from violence,
Congresswoman Jan Schakowsky.
Ms. SCHAKOWSKY. Violence is violence is violence, and women are women
are women.
For the second year in a row, the Republicans have advanced
legislation that not only excludes additional protections for battered
immigrant women and battered tribal women and battered gay women,
protections which are included in the bipartisan Senate bill, but
they've advanced a bill that actually rolls back essential protections
that are already the law of the land.
We have heard from law enforcement, victims, and victim service
providers on the need to pass the improvements included in the
bipartisan Senate bill. Last week, more than 1,300 organizations which
represent and support millions of victims nationwide joined together
and said to bring the Senate bill to the House floor for ``a vote as
speedily as possible.''
We need to pass the Senate-passed legislation so that victims of
domestic and sexual violence don't have to wait a minute longer.
Mrs. McMORRIS RODGERS. Madam Speaker, I would like to remind the body
that the House amendment actually increases protections for everyone.
No protection is denied.
At this time, I am happy to yield 2 minutes to the gentlelady from
Indiana (Mrs. Walorski).
Mrs. WALORSKI. Madam Speaker, I rise today to urge the passage of the
Violence Against Women Act of 2013.
Let me just start off by saying that I support this bill because it
is the right thing to do. I am committed to ending violence against all
women. This bill takes the necessary steps to protect the rights of all
of our mothers, our daughters, and wives.
The statistics are appalling. It's reported that, in the United
States alone, more than 24 people each minute are victims of some sort
of domestic violence, dating violence, sexual assault, or stalking.
That equals more than 12 million individuals each year. These types of
crimes happen to individuals from all walks of life. No gender, race,
ethnicity or socioeconomic status is immune. This bill provides
protection for everyone who may become victim to sexual and domestic
violence.
I support this bill because it implements new accountability
standards that make programs more effective. These reforms prevent
taxpayer dollars from being wasted. They ensure that more money is
being used to assist victims and to reduce the amount of violence that
happens against women. By limiting the amount of money that can be
spent on salaries and administrative costs, this bill provides greater
protections for women by maximizing the amount of funding that goes
directly to the victims. It is time for us to do the right thing and
pass this bill.
A constituent of mine from South Bend, Indiana, recently wrote my
office. She said:
As a woman who has experienced domestic violence and
stalking in my own home, and as a physician who has cared for
persons affected by domestic violence, I see this as an
important tool to improve the quality of life in our Nation.
I urge the Members of this Chamber, both Republican and Democrat, to
do the right thing and pass this bill today.
Ms. PELOSI. Madam Speaker, I am pleased to yield 1 minute to the
gentlewoman from Florida, a freshman Member, Congresswoman Frankel.
Ms. FRANKEL of Florida. I rise in opposition to the House substitute
amendment to S. 47, and I urge the support of the bipartisan Violence
Against Women Act sent over by the Senate.
I do so on behalf of women like Olga, who, on her wedding day,
thought she had entered a dream marriage for herself and her two small
children from a previous relationship. The marriage turned into a
nightmare when her husband became insulting, aggressive, controlling--
like a stranger--imprisoning Olga and her children in their own home
and not even allowing the children to go to school. Olga fled to south
Florida, and was nurtured back to emotional and financial health by an
organization in my home area called Women in Distress.
The Senate's reauthorization of the Violence Against Women Act will
save even more lives across America, lives like Olga's and like those
of all women who have been abused by their spouses or partners.
So, today, colleagues, let's stand up for our mothers, our sisters,
and our daughters. Let's pass the bipartisan Senate bill.
Mrs. McMORRIS RODGERS. Madam Speaker, I reserve the balance of my
time.
Ms. PELOSI. Madam Speaker, I am pleased to yield 1 minute to the
gentleman from Massachusetts, Congressman Keating, a former prosecutor
and a champion on fighting for the safety of America's women.
(Mr. KEATING asked and was given permission to revise and extend his
remarks.)
Mr. KEATING. Madam Speaker, I was a DA for 12 years. I solicited and
actually used these funds.
We talk about issues. As people see issues, I see faces. I see the
faces of innocent women who are victims, and I see the faces of the
perpetrators, themselves--the rapists, the batterers, the abusers--who
sought to isolate these victims, to strip them away from their friends,
their families, social service agencies, law enforcement.
I used these funds to create a lifeline for these victims, breaking
down walls that exist in terms of people who spoke a different
language, had a different culture, had a different nationality. This
amendment creates walls, creates these barriers, that make the victims
more vulnerable, and it strengthens the hands of the perpetrators.
Please, all of you, join me in voting against this amendment, and
then let's all join together with a piece of legislation that does not
punish the victim but that puts perpetrators where they belong--behind
bars.
Mrs. McMORRIS RODGERS. Madam Speaker, I continue to reserve the
balance of my time.
Ms. PELOSI. Madam Speaker, I am pleased to yield 1 minute to another
champion on protecting women, the gentleman from Washington State (Mr.
Larsen).
Mr. LARSEN of Washington. I rise today in support of the bipartisan
Senate version of the Violence Against Women Act that we will vote on.
We wouldn't be here today without the courage of victims from all of
our communities--women and men who are rich and poor, immigrant, Native
American, folks from the LGBT community--all of whom spoke out about
their experiences. Domestic violence does not discriminate, and with
this bill domestic violence protection will no longer discriminate.
This bill improves protections for immigrants, for Native Americans,
for members of the LGBT community.
In my district, Tulalip Tribes Vice Chair Deborah Parker has
explained why these protections are so critical. She told me that, for
far too long, Native American women have lacked serious protections on
their reservations. This bill will make it easier for them to seek
justice, and it also includes important amendments to improve the
enforcement of the International Broker Regulation Act, a law that I
sponsored in 2006.
[[Page H741]]
{time} 0950
Those amendments strengthen protections Congress put in place for
immigrant women like Anastasia King, who was murdered in my district by
her husband in 2000.
So I urge my colleagues to oppose the House VAWA substitute and to
pass S. 47.
Mrs. McMORRIS RODGERS. Madam Speaker, I continue to reserve the
balance of my time.
Ms. PELOSI. Madam Speaker, may I respectfully request the state of
the clock.
The SPEAKER pro tempore. The gentlewoman from California has 22
minutes remaining, and the gentlewoman from Washington has 20\3/4\
minutes remaining.
Ms. PELOSI. Madam Speaker, I yield 1 minute to the gentlewoman from
California (Mrs. Capps), a Member of Congress who has been a champion
on this issue for a very long time, a health professional in her own
right before coming to Congress.
Mrs. CAPPS. Madam Speaker, I thank my leader for yielding, and I rise
today in opposition to the Republican amendment that would undermine
key provisions in the Violence Against Women Act Reauthorization, and
to urge strong support for the underlying Senate bill which protects
our young people on our school campuses.
VAWA is a vital program addressing violence against women
holistically: through prevention programs, survivor supports, and
provisions to hold perpetrators accountable. But it is also a symbol
that relationship violence and sexual assault is real and that it's
unacceptable. It has been a symbol in this Congress that we can put
aside our differences and come together to do what is right for
violence victims and survivors. And as we saw in the Senate--and we
will hopefully see it here in the House--this is still true.
Our daughters, sisters, and mothers, no matter where they are,
including on our school campuses, deserve to live without fear of
abuse, and we cannot delay their safety any longer. I urge my
colleagues on both sides of the aisle to support the Senate bill.
Mrs. McMORRIS RODGERS. Madam Speaker, I'm pleased to yield 1 minute
to the gentleman from New Jersey (Mr. Runyan).
Mr. RUNYAN. Madam Speaker, I rise this morning to speak in favor of
S. 47, the Senate version of the Violence Against Women Act. I want to
thank Speaker Boehner and Leader Cantor for their leadership in
bringing this important bill to the floor.
The bottom line is that VAWA programs help save lives in New Jersey
and across America. We need to expand the current success of VAWA so
that we can help even more women escape the nightmare of domestic
violence.
While we are long overdue in passing this bill, I'm glad we are here
today, and I urge my colleagues to support S. 47.
Ms. PELOSI. Madam Speaker, I'm pleased to yield 1 minute to
Congresswoman Kirkpatrick of Arizona who has again every day, every
step of the way, been helpful in protecting all women, especially those
on reservations.
Mrs. KIRKPATRICK. Madam Speaker, I was born and raised on the White
Mountain Apache Nation. The necklace I wear today was made by an Apache
woman. I've seen firsthand the troubles and hardships that our tribes
experience. Now I represent 12 Native American tribes, and I'm here
standing on the floor of Congress to give them a voice.
Our Native American women, who need resources and protection, face
great hardships. They often live in very remote areas. Unfortunately,
Native American women are two-and-a-half times more likely to be
assaulted in their lifetimes than other women.
As a prosecutor, I also saw firsthand the need to protect those who
are vulnerable. That's why I have pushed so hard for the bipartisan
Senate-passed version of this legislation. This legislation strengthens
protections for Native American women and so many others.
My district needs this legislation. I urge my colleagues from both
sides to come together and pass the Senate version of the Violence
Against Women Act today.
Mrs. McMORRIS RODGERS. Madam Speaker, I reserve the balance of my
time.
Ms. PELOSI. Madam Speaker, I'm pleased to yield 1 minute to the
gentlewoman from California, Congresswoman Lee.
Ms. LEE of California. Madam Speaker, first let me thank Leader
Pelosi and Congresswoman Gwen Moore for their tremendous leadership to
reauthorize the Violence Against Women Act.
Today we have an opportunity to really stand up for tribal women, for
the LGBT community, for immigrant women, for women all across the
United States and to finally pass the strongly bipartisan Senate
version of the Violence Against Women Reauthorization Act. We should
have done this a long time ago. After much grandstanding, feet
dragging, and shameful politicking over protecting the right for all
women to feel safe in their homes and workplaces, I hope today that
finally we can come together to say that violence against any woman is
never an option.
When I was in the California Legislature, I authored the Violence
Against Women Act for the State of California, and it was signed into
law by a Republican Governor. It was, indeed, a bipartisan effort.
As someone who understands domestic violence on a deeply personal
level, I know how traumatic it is, and I know the strong and consistent
support system needed to emerge as a survivor. That is what the
Senate's VAWA reauthorization will accomplish for all women--and I
don't mean for some women; I mean for all women. So I urge Members to
vote ``no'' on the amendment and ``yes'' on the underlying bill.
Mrs. McMORRIS RODGERS. Madam Speaker, I'm pleased to yield 1 minute
to the gentleman from Virginia (Mr. Cantor), the champion on our side
of the aisle for the reauthorization of this important legislation, our
majority leader.
Mr. CANTOR. Madam Speaker, I thank the gentlelady and congratulate
her on her leadership on this issue. As chairwoman of our conference,
as a strong advocate for families, for women, for children in our
conference, I salute her in her efforts to improve the ability for
individuals, women, who are subject to domestic abuse to get the relief
that they need. And in that spirit today, Madam Speaker, I come to the
floor in support of the substitute amendment that we are offering
today.
Today, Madam Speaker, a mother and her daughter will go to a shelter
seeking safe harbor because they are scared. Another young woman will
walk into a hospital emergency room seeking treatment from sexual
assault. In some cases, women will wait to report such violent crimes
because they don't feel there is a support system in place to help
them.
Our goal in strengthening the Violence Against Women Act is simple:
we want to help all women who are faced with violent, abusive, and
dangerous situations. We want to make sure that all women are safe and
have access to the resources they need to protect themselves, their
children, and their families. We want them to know that somebody is
there and willing to help. And we want them to know that those who
commit these horrendous crimes will be punished and not let go. Madam
Speaker, that's why we feel so strongly about providing the proper
support system and needed relief to thousands of victims and survivors
so that they can get on with their lives.
For the past several months, we've worked hard in this House to build
consensus and to put together the strongest bill possible to improve on
that which came from the Senate. Today, I encourage my colleagues to
support the House amendment to the Violence Against Women Act in order
to end violence against all people, against all women, and prosecute
offenders to the fullest extent of the law.
Ms. PELOSI. Madam Speaker, I am pleased to yield 1 minute to the
gentleman from New Mexico (Mr. Lujan), who has been a champion for
ending violence against women for all women in America.
Mr. BEN RAY LUJAN of New Mexico. Madam Speaker, last Congress it was
with great disappointment that, for the first time since the Violence
Against Women Act was signed into law in 1994, House Republicans failed
to give us a vote and Congress failed to reauthorize this important
legislation that has reduced domestic abuse and provided victims of
violence with vital resources.
[[Page H742]]
{time} 1000
The effort to reauthorize VAWA failed, despite overwhelming
bipartisan support in the Senate, because House Republicans stripped
the bill of critical provisions to help women, especially Native
American women. Sadly, we are seeing this effort repeated on the floor
today.
Once again, House Republicans are trying to weaken a bill that passed
by a vote of 78-22 in the Senate in order to deny Native American women
important protections. Sovereignty is not a bargaining chip. The
Republican substitute is an attack on Native American women and does
not respect sovereignty.
Studies have found that three out of five American Indian women will
experience domestic violence; yet the Republican substitute makes it
harder to prosecute abusers and is full of loopholes.
I urge my Republican colleagues to drop their opposition to the
Senate bill and pass legislation that gives all women, including Native
American women, vital protections against abuse.
Mrs. McMORRIS RODGERS. Madam Speaker, I am pleased to yield 3 minutes
to the gentleman from Pennsylvania (Mr. Dent).
Mr. DENT. Madam Speaker, I rise today in support of S. 47, the
Violence Against Women Reauthorization Act of 2013, which passed the
Senate with a strong bipartisan majority. I do support that underlying
bill.
The programs funded under this landmark legislation have proven
effective over the past two decades in achieving real and meaningful
reductions in domestic violence. Victims' advocates in my district and
around the country rely on funding made available through VAWA for
training programs, rape prevention and education, battered women's
shelters, support for runaways, and community programs directed at
ending the cycle of domestic violence.
In my home State, the Pennsylvania Coalition Against Rape currently
operates 50 rape crisis centers that provide services to victims of
sexual violence. These centers also utilize public awareness campaigns
and prevention education to combat the root causes of sexual assault.
Essential institutions such as these are counting on us in this body to
ensure that VAWA funds remain available to support their often
lifesaving work.
I am proud to serve as a board member of the Crime Victims Council of
the Lehigh Valley. This private, nonprofit organization provides free,
confidential assistance to victims of violent crime and their
significant others to help them cope with the traumatic aftermath of
victimization.
Another outstanding institution in my district is Turning Point of
Lehigh Valley, which maintains a 24-hour help line that serves as a
constant resource for victims and their loved ones. Turning Point
offers empowerment counseling, safe houses, court advocacy, prevention
programs, and transitional assistance to ease former abuse victims into
independent life. Our community depends on these organizations, and
these organizations depend on VAWA.
VAWA is also improving law enforcement's response to domestic
violence. In 2007, the Pennsylvania Commission on Crime and Delinquency
conducted an evaluation of VAWA's Services Training for Officers and
Prosecutors program, commonly called STOP grants. This program is
designed to promote an enhanced approach to improve the criminal
justice system's handling of violent crimes against women.
The final report indicated that police with STOP training are more
likely to work in concert with professional victims' advocates. Court
personnel, including prosecutors and judges, are demonstrating a
heightened level of sensitivity towards victims of abuse.
Finally, the strategy of employing dedicated personnel to follow
these crimes from beginning to end has resulted in improved arrest
policies, investigations, prosecutions, hearings and follow-up. This
study demonstrates the positive effect that STOP grants have had across
the board in Pennsylvania's criminal justice system where domestic
violence is concerned.
VAWA has substantially improved our Nation's ability to combat
violent crime and protect its victims, providing a strong safety net
for women and children across the United States. According to the FBI,
incidents of rape have dropped by nearly 20 percent from the law's
enactment in 1994 through 2011. The rate of intimate partner violence
has declined by 64 percent over that same period.
However, much work remains to be done. The CDC estimates that 1 in 4
women and 1 in 7 men have experienced severe physical violence by an
intimate partner at some point in their lifetime.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mrs. McMORRIS RODGERS. I yield an additional minute to the gentleman.
Mr. DENT. Congress must reauthorize VAWA to prevent more innocent
Americans from becoming victims and to provide critical services for
those who do.
Further delaying this crucial legislation does this Congress no
credit and leaves State and local service providers facing uncertainty
about their ability to continue protecting some of the most vulnerable
members of our society.
The Senate voted to reauthorize the Violence Against Women Act with a
strong bipartisan majority, and I would strongly encourage the House of
Representatives to do the same, to support that underlying bill. Voting
``yes'' on the underlying bill will move the reauthorizing legislation
to the President's desk immediately. It's the right thing to do, and
it's about time we do it.
Ms. PELOSI. Madam Speaker, I am very pleased to recognize our
distinguished Democratic whip of the House, Mr. Hoyer. He was there in
the nineties when we worked to pass this legislation on the
Appropriations Committee. He and Rosa DeLauro and Congresswoman Nita
Lowey and I worked to fund the Violence Against Women Act. He's been
there on this issue for a long time. I am pleased to yield 2 minutes to
the gentleman from Maryland (Mr. Hoyer).
(Mr. HOYER asked and was given permission to revise and extend his
remarks.)
Mr. HOYER. Madam Speaker, I want to congratulate the leader for her
efforts in getting us to this point.
Today, after 2 months, I think we're going to do something very
positive, and we're going to do it in a bipartisan way, and I think
that's excellent. I think America will be advantaged. Every American--
women, yes--but every American will be advantaged.
House Democrats support the fully inclusive reauthorization of the
Violence Against Women Act which passed the Senate by a bipartisan vote
of 78-22, as has been referenced. A majority of Republican Senators,
and all Republican women Senators, voted in favor.
That bill represents a compromise, and I urge my colleagues to defeat
the partisan, Republican-amended version so we can pass the Senate
bill. I voted for the rule, which allows us that opportunity. Let us
take it.
The changes House Republicans made in their version significantly
weaken its provisions--and I want to say some Republicans. I want to
make that clear. It's not all--aimed at protecting victims of domestic
violence and empowering law enforcement to keep our people safe from
these crimes.
The House Republican bill omits critical protections for Native
Americans, for LGBT Americans, and for immigrants.
Furthermore, the House Republican bill removes protections for
students on campus, victims of human trafficking, and those who've
experienced rape or stalking.
Why? Why not protect everybody, all Americans?
When we fail to protect all victims, abusers can get away with the
abuse and repeat it.
Madam Speaker, Congress ought not to be playing games with women's
lives and with the lives of all who suffer from domestic violence. We
owe it to the victims, their families, victims' advocates, law
enforcement and prosecutors to make sure the protections of the
Violence Against Women Act work and can meet the challenges we face
today.
That's why we should defeat the weaker House Republican alternative
and, instead, pass the fully inclusive version passed by Senate
Democrats and Republicans. I expect it to be a bipartisan vote. It is a
good day for America.
Mrs. McMORRIS RODGERS. Madam Speaker, just to clarify, on the House
[[Page H743]]
substitute that we'll be considering a little later, it ensures that
money goes to victims by increasing accountability. It ensures and
guarantees that grants to combat sexual assault are distributed
equitably. It improves the ability for law enforcement to prosecute
abusers. It better protects Indian women from domestic violence, and it
safeguards constitutional rights to ensure justice for victims.
At this time I am pleased to yield 2 minutes to the gentleman from
Oklahoma (Mr. Lankford), our policy chairman.
Mr. LANKFORD. Madam Speaker, I do want to stand in support of the
House proposal today on protecting women across this Nation. This is
something that protects all women. I know there's been some interesting
accusations that we're trying to exclude people. This is for all women
in all places.
As a dad of two daughters, I get this. I understand this. My two
daughters were on this House floor not very many weeks ago getting a
chance to visit and to be here and to be a part of this process and to
meet some of the great ladies on both sides of the aisle, but to also
get a chance to interact with people and to see how laws are made. And
I want them to know, in the days ahead, laws here that are done are for
every person and that we stand for every family.
This is a family issue. This is a women's issue. This is also a State
legal issue. It's a community issue, and it's also a national issue
that is right that we deal with today.
I want to encourage organizations in Oklahoma City like the YWCA that
have a simple theme of eliminating racism, empowering women; and they
work every single day to be able to help women that are in situations
that they have got to escape out of.
{time} 1010
I also want to stand up for the 39 tribes in Oklahoma. I've met with
some of the tribal leaders. The House version does three simple things
on it. For my constituents, I want them to know that if there's
domestic violence that occurs--and the House version assures this--if
they live in Indian country, if they work in Indian country, if they're
married or dating someone from Indian country, this law clearly
protects them in that. All of section 900 I would encourage people to
read and go through the details of how we stand beside the tribes and
those that are in and around Indian country.
There needs to be prosecution, there needs to be protection. But most
of all, we need to stand beside every single family and every single
woman in this Nation to do what is right.
Ms. PELOSI. Madam Speaker, I want to inform the gentleman that the
YWCA USA supports the bipartisan Senate bill that we are urging Members
to support and reject the House bill.
I am pleased to yield 1 minute to the gentleman from Illinois (Mr.
Quigley), who came to Congress fully committed to passing this
legislation.
Mr. QUIGLEY. Well, if this is for all and this is for everybody, why
attempt to strip out essential protections for immigrants, tribal, and
lesbian, gay, bisexual, and transgender victims? Do they not feel the
same pain?
Once again, we have to stand up and fight for equal protections for
all victims. The Senate seems to get what this body does not: we are
all in this together.
These victims are not nameless, faceless members of some group of
``others.'' They are our friends, our neighbors, our family members. We
are a Nation built on justice, fairness, and equal protection. We are
all stronger when we uphold these ideals and protect the most
vulnerable among us. The Senate-passed VAWA embodies these principles
and protects all victims. We should pass it today.
Ms. McMORRIS RODGERS. I am pleased to yield 4 minutes to a former
prosecutor, the gentlelady from Indiana, Susan Brooks.
Mrs. BROOKS of Indiana. I rise in support of VAWA.
Yelling. Name calling. Black eyes. Bruises. Belts. Broken bottles.
Children scared and crying in the corners, crying for it to stop. The
lies and coverups to friends and family. A family out of control. And
then the abuser gains the control and says, ``I'm sorry,'' ``I love
you,'' ``I won't do it again,'' ``I'll change.'' So the victim stays
again and again and again, year after year.
The cycle of violence goes on from generation to generation, just
like Brittany from Tipton County, Indiana, abused by her drug-addicted
mother and married a man also the victim of severe child abuse. After
they married, the cycle of violence continues. Brittany's husband
verbally and physically abused her while their children watched. She is
in every one of our districts, whether you're in a poor family or a
rich family, whether you're in the city, in the country, or on the
farm. We as Members of Congress have the power and the control to
change her life.
When Brittany finally took control and made the call, it was VAWA
funds that made sure that the cops that responded recognized it. And
I've done those ride-alongs, and they are the most dangerous calls cops
can make. When VAWA funds are involved, they keep shelters and
transitional housing open so those victims have a safe place to stay.
When VAWA has funds, it trains sexual assault nurses who help those
victims through the humiliating exams they have to endure that are so
important so we have the evidence to put the abusers behind bars.
When VAWA funds are involved, we have advocates in prosecutors
offices and in courtrooms who are trained to help them through the
painful, long, difficult court process. And when VAWA funds are
involved, we have counseling services needed for the victims and their
families to heal. VAWA gives victims a fighting chance to gain control
of their lives. If VAWA doesn't pass, in my district Alternatives, Inc.
will have to lay off two of their five victim advocates, shut down one
of their offices and won't be able to serve the 700 victims in rural
counties that they served last year.
VAWA is a program that works. It's one of those Federal Government
programs that works. This bill is not a perfect bill. No bill that
Congress passes is perfect. But I will tell you the victims being
attacked can't wait for perfect. The three women and the one man who
die every day at the hands of their intimate partners cannot wait for
perfect.
I'm a freshman, and I'm asked all the time, Isn't there anything that
Congress can agree on and get behind? I think we need to show the
American people we can give control back to the women, men, and
children who are subjected to the horrors of violence at the hands of
someone who supposedly loves them. This shouldn't be about politics and
fighting and about political party control. In my short time in
Congress, I've seen too often that we lose sight of the people that we
are here to protect and to serve. And it is about control. That's what
their lives are about.
I urge every Member to think of the victims. Take those statistics
and replace them with the Brittanys in your district. Take control away
from the abusers, provide it back to the victims with the control they
need. Can't we be the voice that they don't have? We as Members of
Congress have the ability to give control back to the victims, to give
control to the cops, to give control to the sexual assault nurses, to
give control to the victim advocates, to give some to the shelters and
to the counselors. I'm asking this Congress to show the American people
that we care. I do.
Please pass this bill.
Ms. PELOSI. Madam Speaker, I have listened attentively to some of the
comments made by those who support the House version of VAWA and they
use words like ``all women,'' as the distinguished majority leader
said. Not true in the Republican bill. Not all women if you're gay, if
you are from the immigrant community, or if you happen to be living on
a reservation.
I hear the appeal from a freshman Member, very eloquently stated,
``Why can't we work together and put partisanship aside?'' That's
exactly what the Senate did, 78-22. A majority of the Republicans in
the Senate voted for the far superior bill.
We've never had a perfect bill, you're absolutely right. But we have
a far superior bill that expands protections, as opposed to the House
bill which not only is not as good as the Senate bill, it diminishes
protections already in the law.
I heard the gentlelady talk eloquently about the money and where it
needs to go. It's sad to say that with
[[Page H744]]
sequestration, $20 million, according to a new estimate from the
Justice Department, will be cut from the Violence Against Women
account. That means approximately 35,927 victims of violence would not
have access to lifesaving services and resources.
So the fact is people have come together on the Senate bill. The
House agrees with their bipartisan position. The President stands ready
to sign it. It's just the House Republicans that are odd people out on
this.
It's hard to understand why you think ``some'' equals ``all.'' It
doesn't. And that's why it's really important to reject the House
version and support the Senate version.
I am pleased to yield 1 minute to the gentleman from California (Mr.
Swalwell), a Member of our freshman class.
Mr. SWALWELL of California. Preventing violence against women means
preventing violence against all women, especially those from the LGBT
community, especially those from the immigrant community, and I'm here
to support the bipartisan Senate bill that was passed and to oppose the
House amendment.
I was a prosecutor in Alameda County for 7 years. I worked day in and
day out with women who came in as violence victims, people who had been
battered. And it's only because of the Violence Against Women funding
that we had in our office that allowed our victim advocates to provide
them with the emotional and physical services that they needed that we
could even begin to put them on the track of healing. Only because of
this funding.
So right now it is incumbent upon us to make sure that this funding
is available, as we move forward, to all women--all women. Violence
against all women must be protected against, and we must have funding
that shows that we will go aggressively after their abusers and support
our law enforcement and their efforts to do that.
{time} 1020
Today's bipartisan bill gives us an opportunity to show that this
House can do big things when we work together.
Mrs. McMORRIS RODGERS. Madam Speaker, I would just ask my colleagues
on the other side of the aisle to please point to anywhere in the House
bill that coverage for anyone is denied. To specifically state: Where
is the coverage denied?
The House covers all victims. This bill does not exclude anyone for
any characteristic. Not only does the bill specifically prohibit
discrimination; it directs the Attorney General to make a rule
regarding antidiscrimination efforts as he sees fit.
Moreover, the STOP grant is reauthorized to permit funding to go
toward men as well as women. The House bill enhances protections for
Native American women. The House bill requires the Justice Department
to cross-designate tribal prosecutors as Federal prosecutors in 10
federally recognized Indian tribes. This allows tribal prosecutors to
move forward more quickly in Federal court.
The House bill provides a constitutional route for Indian tribes to
prosecute non-Indian offenders for domestic violence crimes against
Native American women. This is critical for victims to ensure that
offenders do not have their convictions overturned.
The House bill contains increased accountability provisions. The
House bill mandates better coordination among grantees and Federal
employees to ensure money is spent effectively and efficiently. This is
in response to allegations of misuse of funds. It limits administrative
expenses and salaries to 5 percent, ensuring that money goes to victims
and law enforcement. This ensures that money goes to victims, not
bureaucrats.
At this time, I'm happy to yield 2 minutes to a champion for all
human rights, the gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. I thank my good friend for yielding.
Madam Speaker, I rise in strong support of the Violence Against Women
Act offered by Congresswoman McMorris Rodgers. It authorizes $2.2
billion for VAWA to help victimized women & children seeking assistance
to break the cycle of violence & live free from intimidation, fear,
abuse, & exploitation. I just want to point out something that little
attention has been paid to.
A little over a decade ago, I authored the Trafficking Victims'
Protection Act of 2000, the landmark law that created America's
comprehensive policy to combat modern-day slavery. The TVPA created the
State Department's Trafficking in Persons Office, now led by an
ambassador-at-large with a robust complement of over 50 dedicated and
highly trained people.
The Leahy trafficking amendment to S. 47, title XII, guts the TIP
Office and represents a significant retreat in the struggle to end
human trafficking. The only way to fix it is to pass the McMorris
Rodgers amendment, go to negotiations, and get this legislation fixed.
The TIP Office is an extraordinary advocacy mechanism and has had a
huge impact worldwide. In addition to best-practices advocacy, the
office monitors labor and sex trafficking and makes recommendations for
whether or not countries be ranked tier one, tier two, or tier three.
For over a decade, the Trafficking in Persons Office has been the
flagship in our struggle to combat human trafficking. The Leahy
amendment cuts the authorization for the TIP Office from about $7
million down to $2 million. It eviscerates the TIP Office; there is no
doubt about that.
It also shifts responsibilities to the regional bureaus. We have had
problems over the last decade, as my colleagues, I'm sure, know. The
regional bureaus have a whole large portfolio of issues that they deal
with. When they deal with those issues, trafficking is on page 4 or
page 5 of their talking points. The TIP Office walks point; it has now
been demoted significantly.
I would point out that when I first did the trafficking bill, there
was huge pushback from the State Department. They didn't want human
rights in general, and absolutely they did not want the trafficking-in-
persons issue to be dominant and center stage. That's what the office
does. It is a step backwards for combating human trafficking.
Madam Speaker, I rise in strong support of the Violence Against Women
Act, VAWA, authored by Congresswoman Cathy McMorris Rodgers.
It authorizes $2.2 billion for VAWA to help victimized women and
children seeking assistance to break the cycle of violence and live a
life free from intimidation, fear, abuse and exploitation.
VAWA is landmark legislation with a proven track record of assisting
abused and battered women and must be reauthorized. VAWA includes: $222
million in STOP grants, providing critical funding to improve the
criminal justice system's response to crimes against women; $73 million
in Grants to Encourage Arrest Policies and Enforce Protection Orders,
providing resources to bring abusers to justice and providing victims
with the legal protections to live free of fear from their abusers; $57
million for Legal Assistance for Victims, providing necessary funding
to strengthen state legal systems and ensure that agencies charged with
handling domestic abuse and sexual assault cases are able to assist
victims through the legal process; and millions more in housing
assistance to shelter victims away from their abusers; grants to
protect young women on college campuses; training and services for
abuse against women in rural areas and those with disabilities; funding
to reduce rape kit backlogs so we can identify past abusers and provide
justice to their victims; and many more critical programs that
strengthen communities to combat abuse against vulnerable populations.
I just want to point out something that far too little attention has
been paid to: the Leahy Amendment cuts to the State Department
Trafficking in Persons, TIP, Office contained in the Senate version.
A little over a decade ago, I authored the Trafficking Victims
Protection Act, TVPA, of 2000--the landmark law that created America's
comprehensive policy to combat modern day slavery.
The TVPA created the State Department's Trafficking in Persons
Office, now led by an ambassador-at-large with a robust complement of
over 50 dedicated and highly trained people.
=========================== NOTE ===========================
February 28, 2013 on H744 the following appeared: Trafficking
Victims Protection Act, TPVA, The TPVA created the State
Department}s
The online version should be corrected to read: Trafficking
Victims Protection Act, TVPA, The TVPA created the State
Department}s
========================= END NOTE =========================
The Leahy trafficking amendment to S. 47--Title XII--guts the TIP
office and represents a significant retreat in the struggle to end
human trafficking. The only way to fix it is to pass the Violence
Against Women Act sponsored by Congresswoman McMorris Rodgers, go to
negotiations, and strike the cut.
Madam Speaker the now at risk Trafficking in Persons Office is an
extraordinary advocacy mechanism and has had a huge impact worldwide.
In addition to ``best practices'' advocacy,
[[Page H745]]
the office monitors labor and sex trafficking in every country of the
world pursuant to minimum standards prescribed in the TVPA and makes
recommendations for whether or not countries should be ranked Tier I,
Tier II Watch List or Tier III. Countries with bad records and who fail
to make ``serious and sustained'' efforts to improve are designated
Tier 3--the worst ranking--which may result in sanctions.
For over a decade the Trafficking in Persons Office has been the
flagship in our struggle to combat human trafficking, but that will
change if the McMorris Rodgers VAWA fails and the House has no means to
fix the Leahy amendment in conference.
Madam Speaker, for over a decade the Trafficking in Persons Office
has been the flagship in our struggle to combat human trafficking.
The Leahy Amendment, cuts the authorization for the TIP office
authorization from $7 million down to $2 million--effectively
eviscerating the TIP office.
Making matters worse the Leahy Amendment also shifts responsibilities
to the regional bureaus--and we have had problems with regional bureaus
and trafficking over the last decade--as my colleagues I'm sure know.
Regional bureaus have a large portfolio of issues that they handle. As
they deal with those other issues, trafficking is often relegated to
page four or page five of their agenda and talking points. The TIP
office on the other hand walks point, is singular in focus, and it is
imperative that it be adequately resourced and vested with current-day
powers to act. Under Leahy the TIP office is demoted significantly.
The simple fact of the matter is that since enactment of the TVPA in
2000, the regional bureaus have often sought to undermine and weaken
TIP country ranking recommendations due to other so-called equities.
Advancing human rights is general and combating human trafficking in
particular, far too often takes a back seat to other priorities.
=========================== NOTE ===========================
February 28, 2013 on H745 the following appeared: Minimum
standards prescribed in the TPVA andenactment of the TPVA in 2000,
the regional
The online version should be corrected to read: Minimum
standards prescribed in the TVPA and enactment of the TVPA in
2000, the regional
========================= END NOTE =========================
That's why, back in 2000, I led the effort and wrote the law to make
the Trafficking in Persons Office the lead in gathering, analyzing, and
putting forward recommendations for every country.
That's why slashing the Trafficking in Persons Office is an awful
idea. The victims deserve better.
Ms. PELOSI. Madam Speaker, I yield the balance of my time to the
gentleman from Michigan (Mr. Conyers).
The SPEAKER pro tempore. The gentleman from Michigan will control the
time as the designee.
Mr. CONYERS. Madam Speaker, I yield 1 minute to the gentleman from
Minnesota (Mr. Ellison).
Mr. ELLISON. Madam Speaker, I'd like to talk to you about Lucy. Lucy
is not the name of the person I'm referring to, although she is
absolutely real. I can't use her name because Lucy still lives in fear
of her abuser, a man she was married to.
Lucy is from a nation in West Africa. The man who was abusing her,
physically and sexually, and mistreating her would tell her and
threaten her--based on her immigration status to the United States that
she was hoping to obtain--he would threaten her and tell her, I'm going
to hold this against you; I'm going to do this to you; don't you dare
leave me.
The Violence Against Women Act's self-petition process was a lifeline
and a savior to her. She was able to explain the extreme violence that
she lived through and suffered through all the time, and she was able
to separate from her husband and seek a way to become a citizen and to
stay in this country and get rid of her abuser. Sadly, the House
version rolls this protection back. That's why you should support the
Senate version.
Mrs. McMORRIS RODGERS. Madam Speaker, I'm happy to yield 2 minutes to
a champion, a former judge who has worked on these issues for many
years, the gentleman from Texas (Mr. Poe).
Mr. POE of Texas. I thank the gentlelady for yielding.
Violence against women is awful. I think we can all agree with that.
Behind the scenes in homes throughout America, behind closed doors bad
things are happening in those families. It is violent. It affects the
spouse, the children, and the quality of life of our community. Today,
the House of Representatives can do something about that to make
America safer for women, primarily, and their children. We have two
choices before us today: the House bill, the Senate bill.
But there's another thing going on behind closed doors in America as
well, and that's sexual assault that is occurring in America. I spent
time on the bench as a judge in criminal cases in Texas for 22 years;
and one of the greatest scientific, forensic discoveries was DNA. It's
helped prosecute sexual assault cases.
DNA: when those outlaws commit sexual assault crimes against
primarily women and children, they leave DNA evidence, it's examined,
and we find out who the criminal was. But here's the problem: there are
400,000 DNA rape kits that have not been tested, some going back 20 and
25 years. They're so old that when it's determined who the outlaw is,
they can't be prosecuted because the statute of limitations has run;
400,000 cases where rape victims are waiting for us to just analyze
those sexual assault cases.
That concept is called the SAFER bill, sponsored by Carolyn Maloney
and myself to try to fix that issue by taking money in one legislation
and putting it in the SAFER legislation to analyze those 400,000 cases
so victims know who committed the crime, and also outlaws go to prison
and not get a free ride because there's not money to test those cases.
That SAFER bill is in the Senate version. I encourage the House of
Representatives to vote for the SAFER bill because it is in the Senate
legislation.
And that's just the way it is.
Mr. CONYERS. Madam Speaker, I am pleased to yield 1 minute to the
gentlelady from Hawaii (Ms. Hanabusa).
Ms. HANABUSA. I thank the ranking member of our Judiciary Committee.
I rise in support of the Senate bill, S. 47, which reauthorizes VAWA.
It passed by a strong bipartisan vote of 78-22 on February 12.
It is also an honor to be next to the gentlewoman from Wisconsin, who
has really championed this bill.
{time} 1030
I rise specifically to address section 904, which provides tribal
governments with jurisdiction over the abuse of Native American women
on tribal lands. The statistics, which were set forth by Senator Udall
in a recent article, were very alarming. Native American women are two-
and-a-half times more likely to be raped, one in three will be
assaulted, and three out of five will encounter domestic violence.
And the criticism, the criticism we've heard against why the Senate
version of this bill should not pass is because they say it doesn't
afford due process. All we need to do is to look at the defendant's
rights as set forth in the tribal court criminal proceedings under
ICRA, the Indian Civil Rights Act, and TLOA, the Tribal Law and Order
Act of 2010.
The rights are there. Support the Senate version.
Mr. CONYERS. Madam Speaker, I am pleased to yield 2 minutes to the
vice chair of the Democratic Caucus from New York, Mr. Joe Crowley.
Mr. CROWLEY. I thank my friend and colleague from Detroit, Michigan,
for yielding me this time.
Madam Speaker, it has been over 500 days since the Violence Against
Women Act expired--500 days--and every day that has passed without a
vote, my colleagues and I have been asking ourselves, What are we
waiting for? Are we waiting for our colleagues in the Senate to have a
strong, bipartisan vote and send us a bill worth voting on? Oh, wait a
minute. They've already done that. But maybe we're waiting for a bill
that strengthens the Violence Against Women Act. Sorry, the Senate has
already done that, as well. Or maybe we're waiting for support of
hundreds of State, local, and national organizations. Oh, but wait.
We've already had that with the passage of the Senate bill.
My colleagues, it's time to end this wait for our mothers, for our
daughters, and for our friends so they can get the protection and the
service that they deserve because, let me tell you, the abusers are not
waiting.
Today, we have the chance to pass the actual Senate bill, the
bipartisan, commonsense legislation that has been waiting for a vote.
So let's vote ``no'' on the substitute amendment, support the
underlying bill, and send this to the President's desk.
I don't believe my colleagues, if they saw a lesbian woman being
beaten by their neighbor, that they would not want to have that
violence stopped. I don't believe that my Republican colleagues, if
they saw an undocumented person, even an illegal alien, being beaten by
her husband, that they would not want that stopped. I don't believe
[[Page H746]]
that my colleagues on the other side of the aisle, if they saw a Native
American woman being beaten or abused, that they would not want that
stopped.
Why do they not have it specified in their legislation? The Senate
bill does. Let's stop this back-and-forth and pass the Senate
legislation.
Mrs. McMORRIS RODGERS. Madam Speaker, I would just like to remind my
colleagues on the other side of the aisle that the House, the
Republican majority in the House, passed legislation to reauthorize the
Violence Against Women Act in May of last year. Funding has continued.
Congress, including the Republicans in the House, has supported and
continues to fund these important programs at $600 million a year. No
program has gone unfunded as we have continued to focus on the
important work of getting this bill reauthorized.
I reserve the balance of my time.
Mr. CONYERS. Madam Speaker, I am pleased to yield 1 minute to the
distinguished gentlewoman from California, Susan Davis.
Mrs. DAVIS of California. Madam Speaker, at last, at last. Madam
Speaker, like Americans all across the country, I'm glad this Chamber
has finally put the Senate Violence Against Women Act to the floor for
a vote.
I urge my colleagues to support this legislation and to oppose the
Republican substitute. If we pass a strong and bipartisan
reauthorization, women can breathe a sigh of relief knowing that
Congress has got their backs.
Every woman deserves protection and justice. I'm glad that the Senate
bill closes the gap in current law by extending that protection to
Native American, LGBT, and immigrant victims.
In contrast, as we have heard, the Republican substitute inexplicably
continues to exclude these groups and put them at risk. That is
exclusionary and it is hurtful.
Let's swiftly pass the Senate VAWA and send it straight to the
President's desk for his signature. I urge my colleagues to vote
``yes'' on S. 47 and to stand up for all victims of domestic violence.
They've waited far too long for this day.
Mr. CONYERS. Madam Speaker, I'm pleased now to yield 1\1/2\ minutes
to the gentleman from Rhode Island (Mr. Cicilline).
Mr. CICILLINE. I thank the gentleman for yielding.
Madam Speaker, 2 weeks ago, the Senate overwhelmingly passed a
strong, bipartisan reauthorization of the Violence Against Women Act to
extend much-needed protections to all women of domestic violence,
including immigrants, Native Americans, and members of the LGBT
community.
Domestic violence victims and their families have waited far too long
for the House to act to reauthorize VAWA and to provide victims of
domestic violence with important resources to help end this violence.
It's critical that we ensure that every single victim of domestic
violence, no matter what they look like or where they come from or who
they love, has access to these critical tools and resources.
According to the National Task Force to End Sexual and Domestic
Violence, one in four women will be victims of domestic violence in
their lifetime. Each year, 15 million American children are exposed to
domestic violence and all the dangers of this violence.
Have we really come to the point that we can't persuade every single
Member of Congress that violence against all women is indefensible and
that we have a moral responsibility to do everything in our power to
stop it? Do we really want to say some women, some group of women, are
not worthy of protection against such violence? I hope not.
I urge my colleagues to pass the strengthened Senate version
reauthorizing the Violence Against Women Act and to protect all
American women from violence.
American
Psychological Association,
February 4, 2013.
Hon. Patrick Leahy, Chairman,
U.S. Senate Judiciary Committee, Washington, DC.
Hon. Mike Crapo,
U.S. Senator,
Washington, DC.
Dear Chairman Leahy and Senator Crapo: On behalf of the
137,000 members and affiliates of the American Psychological
Association (APA), I am writing to thank you for your
invaluable leadership in introducing the Violence Against
Women Reauthorization Act of 2013 (S. 47). As the legislative
process advances, APA offers its full support of your efforts
to ensure a comprehensive and inclusive reauthorization of
the Violence Against Women Act (VAWA).
As you know, nearly one in four women in the United States
reports experiencing domestic violence at some point in her
life, and 15 million children live in families in which
intimate partner violence has occurred within the past year.
Domestic violence can result in significant mental and
behavioral health consequences including depression, anxiety,
post-traumatic stress disorder, relationship problems,
diminished self-esteem, social isolation, substance use
disorders, and suicidal behavior. VAWA programs can help to
mitigate these negative outcomes by providing a vital link to
services and supports for survivors and their families.
APA applauds your commitment to protect survivors of
intimate partner violence with a comprehensive VAWA
reauthorization. In particular, we appreciate the inclusion
of essential public health provisions to reauthorize and
strengthen the health care system's identification,
assessment, and response to violence, as well as provisions
to protect vulnerable populations, including Native women,
immigrants, and LGBT individuals.
We welcome the opportunity to work with you to address
these important issues. For further information, please
contact Nida Corry, Ph.D., in our Public Interest Government
Relations Office at (202) 336-5931 or [email protected].
Sincerely,
Gwendolyn Puryear Keita, Ph.D.,
Executive Director,
Public Interest Directorate.
____
Office of Public Witness,
Presbyterian Church (U.S.A.),
February 1, 2013.
Hon. Patrick Leahy,
U.S. Senate,
Washington, DC.
Dear Senator Leahy: In the Presbyterian Church (U.S.A.), we
believe that ``domestic violence is always a violation of the
power God intended for good.'' We believe that ``God the
Creator is preeminently a covenant-maker, the One who
creates, sustains, and transforms the people of God. Domestic
violence and abuse destroys covenants in which people have
promised to treat each other with respect and dignity.''
Because of these convictions, we strongly support a robust
reauthorization of the Violence Against Women Act and we
thank you for your leadership in sponsoring S. 47. Further,
we wish you to know that we have written to all of your
Senate colleagues, asking them to support final passage of
this bill, and urging them to oppose any amendments that you
have not endorsed.
As you know, VAWA's programs support state, tribal, and
local efforts to address the pervasive and insidious crimes
of domestic violence, dating violence, sexual assault, and
stalking. These programs have made great progress towards
reducing the violence, helping victims to be healthy and feel
safe and holding perpetrators accountable. This critical
legislation must be reauthorized to ensure a continued
response to these crimes.
Again, we thank you for your leadership on this important
issue and look forward to the bill's passage, so that we can
build upon VAWA's successes and continue to enhance our
nation's ability to promote an end to this violence, to hold
perpetrators accountable, and to keep victims and their
families safe from future harm. For our part, we commit to
continued ministry with victims and survivors of violence and
to do all we can, through our ministries and our advocacy, to
end this desperate cycle of violence and brokenness.
We give thanks for your service to our nation and for your
leadership on this issue.
Sincerely,
The Reverend J. Herbert Nelson II,
Director for Public Witness.
____
National Task Force To End Sexual and Domestic Violence
Against Women,
February 6, 2013.
Hon. Patrick Leahy,
Chair, Senate Judiciary Committee, Dirksen Senate Office
Building, U.S. Senate, Washington, DC.
Hon. Michael Crapo,
Dirksen Senate Office Building,
U.S. Senate, Washington, DC.
Dear Chairman Leahy and Senator Crapo: The National Task
Force to End Sexual and Domestic Violence--comprised of
national, tribal, state, territorial and local organizations,
as well as individuals, committed to securing an end to
violence against women, including civil rights organizations,
labor unions, advocates for children and youth, anti-poverty
groups, immigrant and refugee rights organizations, women's
rights leaders, and education groups--writes to express its
strong and unequivocal support for the tribal provisions
included in Title IX of S. 47, the Violence Against Women
Reauthorization Act. As you are aware, these provisions are
identical to those that were contained in S. 1925, the VAWA
bill introduced in the 112th Congress. As such, the
provisions were first voted affirmatively out of the Indian
Affairs Committee, then added to S. 1925 and passed out of
the Judiciary Committee, and finally were contained in the
final version of S. 1925 that passed the Senate last year
with bipartisan support.
[[Page H747]]
While we understand that some have expressed constitutional
concerns with respect to the criminal jurisdiction provisions
contained in section 904, Title IX of S. 47, we wish to
respectfully point out that the provisions were drafted and
put forward by the U.S. Department of Justice, and were
thoroughly vetted before they were submitted to the Senate
Indian Affairs and Judiciary Committees. We also wish to
remind the members of the Senate of the terrifying rates of
victimization that American Indian and Alaska Native women
experience: 34% of American Indian and Alaska Native women
will be raped in their lifetimes; 39% will be subjected to
domestic violence in their lifetimes. Sixty-seven percent of
Native women victims of rape and sexual assault report that
their assailants are non-Native individuals. On some
reservations, Native women are murdered at more than ten
times the national average. These startling statistics,
coupled with the unfortunately high declination rates (U.S.
Attorneys declined to prosecute nearly 52% of violent crimes
that occur in Indian country; and 67% of cases declined were
sexual abuse related cases), provide ample reason for
Congress to act in passing S. 47 with Section 904 intact.
Additionally, we offer for the consideration of the members
of the Senate a letter submitted last year by over 50 U.S.
law professors who carefully reviewed the provisions of
section 904 and found them to be constitutional. We offer
some relevant excerpts below:
It is important to note that Section 904 of S. 1925 does
not constitute a full restoration of all tribal criminal
jurisdiction--only that which qualifies as ``special domestic
violence criminal jurisdiction.'' So there must be an
established intimate-partner relationship to trigger the
jurisdiction. Moreover, no defendant in tribal court will be
denied Constitutional rights that would be afforded in state
or federal courts. Section 904 provides ample safeguards to
ensure that non-Indian defendants in domestic violence cases
receive all rights guaranteed by the United States
Constitution.
In other words, a defendant who has no ties to the tribal
community would not be subject to criminal prosecution in
tribal court. Federal courts have jurisdiction to review such
tribal jurisdiction determinations after exhaustion of tribal
remedies. Section 904 is specifically tailored to address the
victimization of Indian women by persons who have either
married a citizen of the tribe or are dating a citizen of the
Tribe.''
In closing, the National Task Force wishes to thank you for
your tireless efforts to reauthorize the Violence Against
Women Act, S. 47. We appreciate your leadership and look
forward to working with you toward a speedy passage of S. 47,
including Title IX as introduced with no weakening
amendments.
Sincerely,
The National Task Force To End Sexual and Domestic
Violence.
____
The Leadership Conference
on Civil and Human Rights,
Washington, DC, February 11, 2013.
Vote Yes on VAWA (S. 47) and Oppose Any Amendments That Weaken
Protections
Dear Senator: On behalf of The Leadership Conference on
Civil and Human Rights, a coalition charged by its diverse
membership of more than 210 national organizations to promote
and protect the civil and human rights of all persons in the
United States, we write to urge you to support S. 47, the
Violence Against Women Reauthorization Act of 2013 (VAWA),
and to vote against any amendments that would weaken this
important legislation.
The Leadership Conference believes that the reauthorization
of VAWA is critical for protecting the civil and human rights
of Americans to be free from domestic violence. These
protections are especially important for Native Americans and
people of color, who experience the highest rates of domestic
violence and sexual assault. Further, it is essential that
these protections be extended to all instances of intimate
partner violence, including for gay, lesbian, bisexual and
transgender people. In short, S. 47 would strengthen our
nation's ability to prosecute perpetrators of violence and
provide protections to all victims.
While domestic violence, dating violence, sexual assault,
and stalking occur in all parts of the nation and affect
people of all backgrounds, according to the Centers for
Disease Control and Prevention, these forms of violence and
harassment disproportionately affect the communities
represented by The Leadership Conference. For example, 37
percent of Hispanic women are victims; 43 percent of African-
American women and 38 percent of African-American men are
victims; and a staggering 46 percent of American Indian or
Alaska Native women and 45 percent of American Indian or
Alaska Native men experience intimate-partner victimization.
VAWA-funded programs have dramatically improved the
national response to domestic violence, dating violence,
sexual assault, and stalking. The annual incidence of
domestic violence has decreased by more than 53 percent since
VAWA became law in 1994 and reporting by victims has also
increased by 51 percent. Not only do these comprehensive
programs save lives, they also save money. In its first six
years, VAWA saved $12.6 billion in net averted social costs.
Yet, as law enforcement officers, service providers, and
health care professionals have acknowledged, even with the
successes of the current VAWA programs, there are significant
gaps in current VAWA programs which, if addressed, could have
a significant impact on diminishing the incidences of
domestic violence in the United States. S. 47 helps address
these concerns by strengthening services for minority
communities and expanding protections for underserved
communities to include lesbian, gay, bisexual and transgender
people. Further, S. 47 addresses the crisis of violence
against women in tribal communities by strengthening legal
protections for Native victims of domestic violence and
sexual assault. S. 47 also includes important improvements to
VAWA protections for immigrant victims. In addition, the bill
provides new tools and training to prevent domestic violence
homicides.
VAWA has provided for a coordinated approach, improving
collaboration between law enforcement and victim services
providers and supporting community-based responses and direct
services for victims. As a result, victims' needs have been
better met, perpetrators have been held accountable,
communities have become safer, and progress has been made
toward breaking the cycle and culture of violence within
families. Without question, VAWA reauthorization is the key
to ensuring that victims and survivors of violence have
continued access to these critical services.
We look forward to working with you to swiftly adopt,
without any weakening amendments S. 47, the Violence Against
Women Reauthorization Act, and continue a strong federal
response to domestic violence, dating violence, sexual
assault, and stalking. If you have any questions, please feel
free to contact June Zeitlin at 202-263-2852 or
[email protected].
9to5.
AFL-CIO.
AIDS United.
Alaska Federation of Natives.
American Association of People with Disabilities (AAPD).
American Association of University Women (AAUW).
American Federation of Government Employees, AFL-CIO.
American Federation of State, County and Municipal
Employees (AFSCME), AFL-CIO.
American Federation of Teachers, AFL-CIO.
American-Arab Anti-Discrimination Committee (ADC).
Amnesty International USA.
Anti-Defamation League.
Asian & Pacific Islander American Health Forum.
Asian American Justice Center.
Member of Asian American Center for Advancing Justice.
Asian Pacific American Labor Alliance, Asian Pacific
American Legal Center, a member of the Asian American
Center for Advancing Justice, Association of Flight
Attendants--CWA, Association of Jewish Family & Children's
Agencies, Center for Reproductive Rights, Center for Women
Policy Studies.
Center for Women's Global Leadership, CenterLink: The
Community of LGBT Centers Coalition on Human Needs,
Communications Workers of America, Disability Policy
Consortium, Disability Rights Education and Defense Fund
(DREDF), Disciples Home Missions & Family and Children's
Ministries of the Christian Church (Disciples of Christ),
Family Equality Council, Feminist Majority, Friends Committee
on National Legislation, Gay, Lesbian & Straight Education
Network (GLSEN), GetEQUAL, GlobalSolutions.org, Hadassah, The
Women's Zionist Organization of America, Inc., Hip Hop
Caucus, Human Rights Campaign, Institute for Science and
Human Values, Inc., International Center for Research on
Women, International Union, United Automobile, Aerospace and
Agricultural Implement Workers of America (UAW), Jewish
Council for Public Affairs.
Jewish Women International, LatinoJustice PRLDEF, The
Leadership Conference on Civil and Human Rights, League of
United Latin American Citizens (LULAC), Log Cabin
Republicans, Maryknoll Sisters, NAACP, National Association
of Human Rights Workers (NAHRW), National Association of
Social Workers, National Bar Association, National Black
Justice Coalition, National Capital Area Union Retirees,
National Center for Lesbian Rights, National Center for
Transgender Equality, National Coalition for Asian Pacific
American Community Development, National Community
Reinvestment Coalition, National Congress of American
Indians, National Council of Jewish Women (NCJW), National
Council on Independent Living, National Education
Association.
National Employment Law Project, National Fair Housing
Alliance, National Gay and Lesbian Task Force Action Fund,
National Health Law Program, National Immigration Law Center,
National Latina Institute for Reproductive Health, National
Law Center on Homelessness & Poverty, National Legal Aid and
Defender Association, National Low Income Housing Coalition,
National Organization for Women, National Partnership for
Women & Families, National Urban League, National Women's Law
Center, People For the American Way, Planned Parenthood
Federation of America, Presbyterian Church (U.S.A.), Refugee
Women's Network, Sealaska Heritage Institute, Secular
Coalition for America, The Sentencing Project.
[[Page H748]]
South Asian Americans Leading Together (SAALT), Southern
Poverty Law Center, Transgender Law Center, Union for Reform
Judaism, United Church of Christ, Justice and Witness
Ministries, United Food and Commercial Workers International
Union (UFCW), US Human Rights Network, US National Committee
for UN Women, Women of Reform Judaism, Women's Action for New
Directions (WAND), Women's Business Development Center,
Women's Environment and Development Organization (WEDO),
Women's International League for Peace and Freedom, U.S.
Section, Woodhull Sexual Freedom Alliance, Zonta
International.
____
National Alliance
To End Sexual Violence,
Washington, DC, January 28, 2013.
Hon. Patrick Leahy,
Chairman, Senate Judiciary Committee, U.S. Senate, Russell
Senate Office Building, Washington, DC.
Hon. Michael Crapo,
U.S. Senate, Dirksen Senate Office Building, Washington, DC.
Dear Chairman Leahy and Senator Crapo: On behalf of 56
state and territorial sexual assault coalitions and 1300 rape
crisis centers, I want to express our sincere gratitude for
the introduction of S. 47. The Violence Against Women Act
(VAWA) with the SAFER Act included represents the essential
and comprehensive legislative package that is necessary to
advance this nation's response to the crime of rape and
protect and support victims. S. 47 includes critical
enhancements to address sexual assault including criminal
justice improvements, housing protections, vital direct
service and prevention programs, and SAFER's policies to
address the rape kit backlog.
We are urging all Senators to stand with sexual assault
survivors and support the swift passage of this far-reaching
legislation.
Sincerely,
Monika Johnson Hostler,
Board President.
____
Board of Supervisors,
County of Santa Barbara,
January 31, 2013.
Hon. Patrick Leahy,
Chairman, Committee on the Judiciary, U.S. Senate, Dirksen
Senate Office Building, Washington, DC.
Dear Mr. Chairman: I am writing on behalf of the Santa
Barbara County Board of Supervisors to urge you to take
action on legislation to reauthorize the Violence Against
Women Act (VAWA).
Thank you for introducing S. 47, the Violence Against Women
Reauthorization Act. Programs authorized by VAWA have saved
lives as well as providing resources and training needed in
communities like Santa Barbara County to address these
reprehensible crimes, and the Board recognizes the importance
of reauthorizing and enhancing the resources provided by this
important public safety program.
The Violence Against Women Reauthorization Act would expand
the law's focus on sexual assault and help ensure access to
services for all victims of domestic and sexual violence. It
also responds to these difficult economic times by
consolidating programs, focusing on the most effective
approaches, and adding accountability measures to ensure that
Federal funds are used efficiently and effectively.
The Violence Against Women Act has been successful because
it has consistently had strong bipartisan support for nearly
two decades. Please work with the members of your committee
to expedite action on S. 47 or similar legislation to
reauthorize VAWA.
Sincerely yours,
Thomas P. Walters,
Washington Representative.
Mrs. McMORRIS RODGERS. Madam Speaker, I'm pleased to yield 2 minutes
to the gentlewoman from Tennessee (Mrs. Blackburn), a champion for all
women and families.
Mrs. BLACKBURN. Madam Speaker, I thank the gentlelady from Washington
for the leadership that she has brought to this issue, and I also stand
to thank Leader Cantor and the leadership that he has placed on this.
It's an incredible thing when you think about we still need the
Violence Against Women Act. And I think for so many of us who have
participated in giving birth to sexual assault centers and domestic
abuse centers and child advocacy centers, we realize that for far too
long domestic abuse was something that nobody ever wanted to talk
about; it should be swept under the rug; it should be hidden behind the
four walls of a house. It was not something that was addressed as a
crime, but we all knew it was a crime, and we knew it needed to be
addressed. And we know that this act and the grants that have been
provided to our State and local law enforcement agencies have allowed
so many--so many--people the safe harbor that was needed for their
opportunity.
Now I stand here today to support our Republican alternative and the
amendment that we have placed on this bill making certain that, in a
fiscally responsible, targeted, and focused way, those who need access
to the help, the assistance, and the funds are going to be able to
receive the help, the assistance, the funds, the focus and the
attention that they are going to need.
{time} 1040
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. McMORRIS RODGERS. I would be happy to yield the gentlewoman an
additional 30 seconds.
Mrs. BLACKBURN. I think that it is noteworthy that we also put some
of the attention on stalking, the need to address this; that we look at
the need for additional education so that some day we can say, yes,
indeed, local law enforcement is fully equipped to handle the issue
because the problem has been arrested. All too sadly, Madam Speaker,
the problem has not been dealt with.
Mr. CONYERS. Madam Speaker, I'm pleased to yield 1 minute to the
distinguished gentleman from Nevada (Mr. Horsford).
Mr. HORSFORD. No woman should have to live in fear of violence in
this country.
One of my first actions in Congress was to cosponsor the Violence
Against Women Act, which was authored by my colleague, Gwen Moore.
Her bill took critical steps to strengthen the ability of our local
law enforcement and service providers to protect victims of domestic
violence, sexual assault, and stalking. Her bill went to great lengths
to ensure that all women in our country would be protected under the
bill.
The Senate passed overwhelmingly on a bipartisan basis her bill. That
is why I find the political game being played by some Republicans today
to be frustrating, my colleagues find it to be frustrating, and my
constituents find it to be frustrating.
I do not understand why, Madam Speaker, you would eliminate
provisions to protect women from immigrant communities--many of which I
represent in my district in Congressional District Four--and women from
Native American communities, or inappropriately discriminate against
women based on their sexual orientation.
I urge my colleagues to pass the bipartisan bill.
National Association for the
Advancement of Colored People,
Washington, DC, February 1, 2013.
Re NAACP Strong Support for S. 47, To Reauthorize the 1994
Violence Against Women Act
Senator Patrick Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
Dear Chairman Leahy: On behalf of the NAACP, our nation's
oldest, largest and most widely-recognized grassroots-based
civil rights organization, I would like to sincerely thank
you for your leadership in introducing S. 47, legislation
strengthening and reauthorizing the 1994 Violence Against
Women Act (VAWA). As strong and consistent supporters of
VAWA, the NAACP recognizes that this important legislation
would improve criminal justice and community-based responses
to domestic violence, dating violence, sexual assault and
stalking in the United States.
As you know, the NAACP supported the passage of VAWA in
1994, and its reauthorization in 2000 and 2005. We have
witnessed VAWA change the landscape for victims of violence
in the United States who once suffered in silence. Victims of
domestic violence, dating violence, sexual assault and
stalking have now been able to access services, and a new
generation of families and justice system professionals has
come to understand that domestic violence, dating violence,
sexual assault and stalking are crimes that our society will
no longer tolerate. Your bill will not only continue proven
effective programs, but that it will make key changes to
streamline VAWA and make sure that even more people have
access to safety, stability and justice.
Thank you again for your continued leadership in this
endeavor. Your thoughtfulness and tenacity in this area over
the years has improved the lives of millions of Americans.
Should you have any questions or comments, please do not
hesitate to contact me at my office at (202) 463-2940.
Sincerely,
Hilary O. Shelton,
Director, NAACP Washington Bureau & Senior Vice President
for Advocacy and Policy.
____
Washington, DC, February 7, 2013.
Dear Senator: The National Coalition Against Domestic
Violence (NCADV), the
[[Page H749]]
oldest and largest national anti-domestic violence advocacy
organization that serves more than 1.3 million domestic
violence victims in more than 2,000 shelter programs
nationwide, expresses strong support for S. 47, the Violence
Against Women Act (VAWA) of 2013 introduced by Senators
Patrick Leahy and Michael Crapo.
Since its original passage in 1994, VAWA has dramatically
enhanced our nation's response to violence against women.
More victims report domestic violence to the police and the
rate of non-fatal intimate partner violence against women has
decreased by 53 percent. The sexual assault services program
in VAWA helps rape crisis centers keep their doors open to
provide the frontline response to victims of rape. VAWA
provides for a coordinated community approach, improving
collaboration between law enforcement and victim services
providers to better meet the needs of victims. These
comprehensive and cost-effective programs not only save
lives, they also save money. In fact, VAWA saved nearly $12.6
billion in net averted social costs in just its first six
years.
But more work remains. The CDC's 2010 National Intimate
Partner and Sexual Violence Survey found that 1 in 4 women
have been the victim of severe physical domestic violence and
1 in 5 women have been raped in their lifetime.
S. 47 renews successful programs that have helped law
enforcement, prosecutors, and victim service providers keep
victims safe and hold perpetrators accountable. It
consolidates programs in order to reduce administrative costs
and avoid duplication. The reauthorization is also mindful of
our current fiscal state, and reduces authorizations by 17
percent from the 2005 reauthorization. New accountability
measures have been included in the bill in order to ensure
that VAWA funds are used wisely and efficiently.
S. 47 builds on existing efforts to more effectively combat
violence against all victims and aims to ensure that VAWA
programs reach more communities whose members need services.
It expands the definition of ``underserved'' to include
religion, sexual orientation, and gender identity to
encourage development of services for people who have had
trouble getting help in the past based on those categories.
It also includes new purpose areas to ensure that grant funds
can be used to make services available for all victims
regardless of sexual orientation or gender identity. The bill
includes important provisions to ensure that vulnerable
immigrant victims of domestic and sexual violence receive the
support and services they need.
This bill addresses the ongoing crisis of violence against
Native American victims, who face rates of domestic violence
and sexual assault much higher than those faced by the
general population, by strengthening existing programs and by
narrowly expanding concurrent tribal criminal jurisdiction
over those who assault Indian spouses and dating partners in
Indian country. This provision would ensure that no
perpetrators of abuse are immune from accountability, but
would do so in a way that protects rights and ensures
fairness.
Intimate partner violence remains a critical problem in our
nation. We cannot let victims of domestic and sexual violence
continue to suffer. Congress must protect all victims of
violence, hold all perpetrators accountable and provide
justice for all.
We urge you to vote in favor of S. 47. Your support is
essential to enhancing our nation's ability to hold
perpetrators accountable and keep victims safe from future
harm. Thank you for your consideration and please do not
hesitate to contact me or Tralonne Shorter, Public Policy
Advisor for NCADV at (202) 744-8455 if you have any questions
or want additional information.
Sincerely,
Rita Smith,
Executive Director.
____
Attorney General of Missouri,
Jefferson City, MO, February 6, 2013.
Dear Members of Congress, In 1994, this nation's leaders
enacted the Violence Against Women Act (``VAWA''). This
landmark piece of legislation put in place a legal framework
that better enabled states like Missouri to effectively
investigate violent crimes against women, prosecute and
punish offenders, and protect victims from further harm. In
the decades since VAWA's enactment, Congress has twice voted
to reauthorize the law. With each reauthorization, Congress
not only strengthened the provisions of the law, it also
reaffirmed this country's commitment to support survivors of
personal violence and sexual assault. It is time to do so
again.
Missouri women and their families rely on the programs and
services that VAWA makes possible. For example, non-profit,
community, and faith-based organizations use federal funds
directed through VAWA's Sexual Assault Services Program to
provide vital support to victims of sexual assault. And
Missouri prosecutors, police officers, and court personnel
participate in training funded through the STOP (Services
Training Officers Prosecutors) program, equipping them to
better address violent crime against women.
But the work is just beginning. In 2011, over 40,000
incidents of domestic violence were reported in Missouri.
Thirty women were killed by their husbands or boyfriends.
Missouri women reported more than 1,400 forcible rapes or
attempted forcible rapes. And although over 10,000 women in
need were able to find a place at a shelter, nearly 20,000
more were turned away.
By reauthorizing VAWA, this Congress will continue the
effort undertaken nearly twenty years ago--the effort to
eliminate violent crime perpetrated against our mothers, our
sisters, our daughters, our neighbors, and our friends. I
urge each of you to support this important legislation.
Respectfully,
Chris Koster,
Attorney General, State of Missouri.
____
Great Plains Tribal
Chairman's Association,
Rapid City, SD, February 4, 2013.,
Re Support for S. 47, VAWA Reauthorization
Hon. Patrick Leahy
U.S. Senate, Committee on the Judiciary,
Washington, DC.
Dear Chairman Leahy: I write on behalf of the Great Plains
Tribal Chairman's Association to voice our strong support for
S. 47, the Violence Against Women Reauthorization Act (VAWA)
of 2013. This bill will provide local tribal governments with
the long-needed control to combat acts of domestic violence
against Native women and children on Indian lands regardless
of the status of the offender.
The current justice system in place on Indian lands
handcuffs the local tribal justice system. Non-Native men who
abuse Native women hide behind these federal laws and court
decisions, walking the streets of Indian country free of
consequences, while denying justice to Native women and their
families.
Nationally, Native women are raped and assaulted at 2.5
times the national average. More than 1 in 3 Native women
will be raped in their lifetimes, and more than 3 in 5 will
suffer domestic assault. The U.S. Department of Justice (DOJ)
has found that the current system of justice, ``inadequate to
stop the pattern of escalating violence against Native
women.'' Tribal leaders, police officers, and prosecutors
have testified to the fact that when misdemeanor acts of
domestic and dating violence go unaddressed, offenders become
emboldened and feel untouchable, and the beatings escalate,
often leading to death or severe physical injury. A National
Institute of Justice-funded analysis of death certificates
found, that, on some reservations, Native women are murdered
at a rate more than ten times the national average. S. 47
will crack down on reservation based domestic violence by all
offenders at the early stages before violence escalates.
While the problem of violence against Native women is
longstanding and broad, the jurisdictional provisions
proposed in S. 47, Section 904, are well-reasoned and limited
in scope. They extend only to misdemeanor level crimes of
domestic and dating violence. They are limited to enforcement
of reservation-based crimes involving individuals that work
or live on an Indian reservation and who are in a serious
relationship with a tribal citizen from that reservation. S.
47 also provides the full range of constitutional protections
to abuse suspects who would be subject to the authority of
tribal courts.
In June of 2010, the United States Senate, by unanimous
consent, passed the Tribal Law and Order Act (TLOA). On July
27, 2010, the House of Representatives passed the measure
under suspension of the rules. The tribal provisions in S. 47
are subject to a more narrow set of crimes, are limited to
misdemeanor level punishments, and would provide a broader
range of protections to suspects of abuse than those required
under TLOA. With such broad support for TLOA, it is troubling
that some Members of Congress now claim that the narrowly
tailored proposal in S. 47 raises constitutional concerns.
Such concerns are unfounded.
In 2004, the U.S. Supreme Court affirmed a similar
restoration of tribal government authority through an
amendment to the Indian Civil Rights Act. Congress has this
authority, and Native women throughout the United States
desperately need us to act so that they can be afforded
similar access to justice that many others take for granted.
In 1978, the U.S. Supreme Court, in deciding to divest
Indian tribes of authority over local reservation-based
crimes, made the following statement:
``We recognize that some Indian tribal court systems have
become increasingly sophisticated and resemble in many
respects their state counterparts.... We are not unaware of
the prevalence of non-Indian crime on today's reservations
which the tribes forcefully argue requires the ability to try
non-Indians. But these are considerations for Congress to
weigh.'' Oliphant v. Suquamish Indian Tribe, 435 U.S. 191,
211 (1978) (emphasis added).
This statement and resulting gaps in criminal jurisdiction
on Indian lands have haunted Native women and tribal
communities nationwide for more than 35 years. Time has come
for Congress to act. S. 47 takes reasonable well-tailored
measures to fill the gap in local authority, and will go far
in ensuring domestic safety for Native women nationwide. We
urge you to support and vote for S. 47 when the measure moves
to the Senate floor. Thank you for your attention to this
matter.
Sincerely,
Tex ``Red Tipped Arrow'' Hall,
Chairman, Mandan, Hidatsa, Arikara Nation, Three Affiliated
Tribes,
[[Page H750]]
Chairman, Great Plains Tribal Chairman's Association.
____
Office of the Govenor,
Pueblo of Tesuque,
Santa Fe, NM, February 5, 2012.
Re Support for S. 47, VAWA Reauthorization
Hon. Patrick Leahy,
U.S. Senate, Committee on the Judiciary,
Washington, DC.
Dear Chairman Leahy: I write on behalf of the Pueblo of
Tesuque to voice our strong support for S. 47, the Violence
Against Women Reauthorization Act (VAWA) of 2013. This bill
will provide local tribal governments with the long-needed
control to combat acts of domestic violence against Native
women and children on Indian lands regardless of the status
of the offender.
The current justice system in place on Indian lands
handcuffs the local tribal justice system. Non-Native men who
abuse Native women hide behind these federal laws and court
decisions, walking the streets of Indian country free of
consequences, while denying justice to Native women and their
families.
Nationally, Native women are raped and assaulted at 2.5
times the national average. More than 1 in 3 Native women
will be raped in their lifetimes, and more than 3 in 5 will
suffer domestic assault. The U.S. Department of Justice (DOJ)
ha found that the current system of justice, ``inadequate to
stop the pattern of escalating violence against Native
women.'' Tribal leaders, police officers, and prosecutors
have testified to the fact that when misdemeanor acts of
domestic and dating violence go unaddressed, offenders become
emboldened and feel untouchable, and the beatings escalate,
often leading to death or severe physical injury. A National
Institute of Justice-funded analysis of death certificates
found that, on some reservations, Native women are murdered
at a rate more than ten times the national average. S. 47
will crack down on reservation based domestic violence by all
offenders at the early stages before violence escalates.
While the problem of violence against Native women is
longstanding and broad, the jurisdictional provisions
proposed in S. 47, Section 904, are well-reasoned and limited
in scope. They extend only to misdemeanor level crimes of
domestic and dating violence. They are limited to enforcement
of reservation-based crimes involving individuals that work
or live on an Indian reservation and who are in a serious
relationship with a tribal citizen from that reservation. S.
47 also provides the full range of constitutional protections
to abuse suspects who would be subject to the authority of
tribal courts.
In June of 2010, the United States Senate, by unanimous
consent, passed the Tribal Law and Order Act (TLOA). On July
27, 2010, the House of Representatives passed the measure
under suspension of the rules. The tribal provisions in S. 47
are subject to a more narrow set of crimes, are limited to
misdemeanor level punishments, and would provide a broader
range of protections to suspects of abuse than those required
under TLOA. With such broad support for TLOA, it is troubling
that some Members of Congress now claim that the narrowly
tailored proposal in S. 47 raises constitutional concerns.
Such concerns are unfounded.
In 2004, the U.S. Supreme Court affirmed a similar
restoration of tribal government authority through an
amendment to the Indian Civil Rights Act. Congress has this
authority, and Native women throughout the United States
desperately need us to act so that they can be afforded
similar access to justice that many others take for granted.
In 1978, the U.S. Supreme Court, in deciding to divest
Indian tribes of authority over local reservation-based
crimes, made the following statement:
``We recognize that some Indian tribal court systems have
become increasingly sophisticated and resemble in many
respects their state counterparts.... We are not unaware of
the prevalence of non-Indian crime on today's reservations
which the tribes forcefully argue requires the ability to try
non-Indians. But these are considerations for Congress to
weigh.'' Oliphant v. Suquamish Indian Tribe, 435 U.S. 191,
211 (1978) (emphasis added).
This statement and resulting gaps in criminal jurisdiction
on Indian lands have haunted Native women and tribal
communities nationwide for more than 35 years. Time has come
for Congress to act. S. 47 takes reasonable well-tailored
measures to fill the gap in local authority, and will go far
in helping to prevent future acts of violence against Native
women nationwide. Thank you for again including these vital
provisions in your VAWA Reauthorization.
Sincerely,
Mark Mitchell,
Governor.
____
American Medical Association,
Chicago, IL, February 5, 2013.
Hon. Patrick Leahy,
Chairman, Senate Judiciary Committee,
Washington, DC.
Hon. Mike Crapo,
U.S. Senate,
Washington, DC.
Dear Senators Leahy and Crapo: On behalf of the physician
and medical student members of the American Medical
Association (AMA), I am writing to express our support for S.
47, the ``Violence Against Women Reauthorization Act of
2013.'' This bill, which reauthorizes the landmark Violence
Against Women Act (VAWA), would strengthen and improve
existing programs that assist victims and survivors of
domestic violence, dating violence, sexual assault, and
stalking.
While violence against adult women has decreased 60 percent
since VAWA was first passed in 1994, it remains a critical
problem in our country and much more work remains to be done.
According to the Centers for Disease Control and Prevention's
National Intimate Partner and Sexual Violence Survey released
in December 2011, one in five women in the United States has
been raped in her lifetime and one in four women has been the
victim of severe physical violence by a partner. Domestic and
sexual violence is a health care problem and one of the most
significant social determinants of health for women and
girls.
We are pleased that S. 47 would address some of the
critical gaps in delivery of health care to victims by
strengthening the health care system's identification and
assessment of, and response to, victims. We also appreciate
and support language in Title V of the bill on the
development and testing of quality improvement measures for
identifying, intervening, and documenting victims of domestic
violence that recognizes and aligns with the important work
underway by the AMA, the National Quality Forum, and other
stakeholders in the quality improvement arena.
We commend you for your long-standing support for victims
of violence and abuse and for your leadership in introducing
the Violence Against Women Reauthorization Act of 2013. We
urge swift passage of your bill in the Senate and look
forward to working with you to ensure enactment of this
important legislation this year.
Sincerely,
James L. Madara, MD.
Mrs. McMORRIS RODGERS. Madam Speaker, I reserve the balance of my
time.
Mr. CONYERS. Madam Speaker, I yield the balance of our time, 4\1/4\
minutes, to the distinguished gentlelady from Wisconsin (Ms. Moore).
Ms. MOORE. Thank you, distinguished ranking member of the Judiciary
Committee.
I've listened very carefully and very patiently to all of my
colleagues in the House, and it seems that everyone in the Chamber is
against violence against women. It's just which women we want to
protect that remains the question.
For the last 18 months, it appears that I have lived in some sort of
twilight zone, like that program on TV, ``Sliders,'' where there are
alternate realities. This debate recalls that alternate reality when we
hear support of the House amendment over the Senate amendment, and we
hear that all women are protected.
For example, the Senate bill supports LGBT victims but the House bill
strikes LGBT women as underserved communities. It also strikes the
language that would have them as a protected group to not be
discriminated against.
The distinguished floor leader has asked us to find areas in the
legislation that are wanting, and I would submit that that is one area
that is wanting.
The distinguished floor leader has asked us to find ways that the
substitute is wanting and the Senate bill is superior.
We give lip service to wanting to support tribal women. But when you
stop and think about it, in 1978, the Supreme Court in the Oliphant
case decided that Federal laws and policies divested tribes of criminal
authority over non-Indians, and the substitute seeks to affirm that,
even though that was modified and overturned by the U.S. Supreme Court
in U.S. v. Lara, which said that, in fact, if this body voted, we
could, in fact, confer upon Native Americans the authority to give--we
have plenary power to enact legislation to relax restrictions on tribal
sovereign authority, that we have the power to allow them to enforce
domestic violence laws and rape laws on their land.
We so need it, Madam Speaker, because if you are a member of a
tribe--say, for example, the Bad River Chippewa band of Chippewa in my
State--and you are raped on native land, tribes don't have any
authority over that perpetrator if he is a non-Indian, even if he's
your husband. The local police in that area don't have any authority.
The county sheriff doesn't have any authority. The State trooper can't
come in and arrest him. The only person that has any authority over
that non-Indiana is some Federal agent in Madison, Wisconsin, 500 miles
away, which is why there has been a 67 percent declination of
prosecutions of sexual assault.
[[Page H751]]
Susanville Indian Rancheria,
Susanville, CA, February 4, 2013.
Re Support for S. 47, VAWA Reauthorization
Hon. Patrick Leahy,
U.S. Senate, Committee on the Judiciary,
Washington, DC.
Dear Chairman Leahy: I write on behalf of the Susanville
Indian Rancheria to voice our strong support for S. 47, the
Violence Against Women Reauthorization Act (VAWA) of 2013.
This bill will provide local tribal governments with the
long-needed control to combat acts of domestic violence
against Native women and children on Indian lands regardless
of the status of the offender.
The current justice system in place on Indian lands
handcuffs the local tribal justice system. Non-Native men who
abuse Native women hide behind these federal laws and court
decisions, walking the streets of Indian country free of
consequences, while denying justice to Native women and their
families.
Nationally, Native women are raped and assaulted at 2.5
times the national average. More than 1 in 3 Native women
will be raped in their lifetimes, and more than 3 in 5 will
suffer domestic assault. The U.S. Department of Justice (DOJ)
has found that the current system of justice, ``inadequate to
stop the pattern of escalating violence against Native
women.'' Tribal leaders, police officers, and prosecutors
have testified to the fact that when misdemeanor acts of
domestic and dating violence go unaddressed, offenders become
emboldened and feel untouchable, and the beatings escalate,
often leading to death or severe physical injury. A National
Institute of Justice-funded analysis of death certificates
found that, on some reservations, Native women are murdered
at a rate more than ten times the national average. S. 47
will crack down on reservation based domestic violence by all
offenders at the early stages before violence escalates.
While the problem of violence against Native women is
longstanding and broad, the jurisdictional provisions
proposed in S. 47, Section 904, are well-reasoned and limited
in scope. They extend only to misdemeanor level crimes of
domestic and dating violence. They are limited to enforcement
of reservation-based crimes involving individuals that work
or live on an Indian reservation and who are in a serious
relationship with a tribal citizen from that reservation. S.
47 also provides the full range of constitutional protections
to abuse suspects who would be subject to the authority of
tribal courts.
In June of 2010, the United States Senate, by unanimous
consent, passed the Tribal Law and Order Act (TLOA). On July
27, 2010, the House of Representatives passed the measure
under suspension of the rules. The tribal provisions in S. 47
are subject to a more narrow set of crimes, are limited to
misdemeanor level punishments, and would provide a broader
range of protections to suspects of abuse than those required
under TLOA. With such broad support for TLOA, it is troubling
that some Members of Congress now claim that the narrowly
tailored proposal in S. 47 raises constitutional concerns.
Such concerns are unfounded.
In 2004, the U.S. Supreme Court affirmed a similar
restoration of tribal government authority through an
amendment to the Indian Civil Rights Act. Congress has this
authority, and Native women throughout the United States
desperately need us to act so that they can be afforded
similar access to justice that many others take for granted.
In 1978, the U.S. Supreme Court, in deciding to divest
Indian tribes of authority over local reservation-based
crimes, made the following statement:
``We recognize that some Indian tribal court systems have
become increasingly sophisticated and resemble in many
respects their state counterparts. . . . We are not unaware
of the prevalence of non-Indian crime on today's reservations
which the tribes forcefully argue requires the ability to try
non-Indians. But these are considerations for Congress to
weigh.'' Oliphant v. Suquamish Indian Tribe, 435 U.S. 191,
211 (1978) (emphasis added).
This statement and resulting gaps in criminal jurisdiction
on Indian lands have haunted Native women and tribal
communities nationwide for more than 35 years. Time has come
for Congress to act. S. 47 takes reasonable well-tailored
measures to fill the gap in local authority, and will go far
in helping to prevent future acts of violence against Native
women nationwide. Thank you for again including these vital
provisions in your VAWA Reauthorization.
Sincerely,
Mr. Stacy Dixon,
Tribal Chairman.
____
February 4, 2013.
Hon. Patrick Leahy,
Dirksen Senate Office Building,
U.S. Senate, Washington, DC.
Hon. Mike Crapo,
Dirksen Senate Office Building,
U.S. Senate, Washington, DC.
Dear Senator Leahy and Senator Crapo: We, the undersigned
sentencing and criminal justice reform organizations, are
writing to express our opposition to the inclusion of any
mandatory minimum sentencing provisions in S. 47, the
Violence Against Women Reauthorization Act of 2013 (VAWA).
We acknowledge that reducing the level of sexual, domestic,
and dating violence and stalking directed at victims of
violence is a worthwhile objective and an issue of national
concern. We recognize and appreciate that many of the
proposals contained in S. 47 enjoy broad bipartisan support,
as well as the support of the American public. In its current
form, S. 47 does not include any mandatory minimum sentences.
We think it should remain that way through passage.
We do not believe that including mandatory minimum
sentencing provisions for the domestic violence, sexual
assault, and stalking offenses in S. 47 would be necessary,
appropriate, or cost-effective. In fact, such provisions
could be counterproductive in combatting violence. According
to the National Task Force to End Sexual and Domestic
Violence Against Women, the threat of a lengthy, mandatory
prison sentence for an intimate partner abuser could deter a
victim from reporting a crime. Because the victim and
offender are often related or in an intimate relationship,
many of the crimes included in VAWA will involve complex
facts and unique circumstances. Such complicated crimes
demand that courts have flexibility to ensure that the
sentence fits the crime and the offender, protects victims,
and best meets the needs of the family or couple impacted.
Finally, more mandatory minimum sentences would only
increase the burdens on and high costs of our already
overcrowded federal prison system. A recent Congressional
Research Service report shows that mandatory minimums are the
primary driver of high prison populations and increasing
prison costs. Mandatory minimum sentences are unfair,
ineffective, and result in extraordinary costs to American
taxpayers.
Accordingly, as the Senate considers S. 47, we strongly
urge you to oppose the adoption of any mandatory minimums.
Thank you for your leadership on this important issue and for
considering our views. Please do not hesitate to contact any
of us if you should have any questions.
Sincerely,
American Civil Liberties Union, Church of Scientology
National Affairs Office, Drug Policy Alliance, Families
Against Mandatory Minimums, Human Rights Watch, Justice
Fellowship, Lawyers' Committee for Civil Rights Under
Law, National Association of Criminal Defense Lawyers,
National Legal Aid & Defender Association, The
Sentencing Project, United Methodist Church, General
Board of Church and Society.
____
National Council of
Juvenile and Family Court Judges,
Reno, NV, February 4, 2013.
Senator Patrick Leahy,
Chairman, Senate Committee on the Judiciary, U.S. Senate,
Washington, DC.
To the Members of the U.S. Senate: On behalf of the
National Council of Juvenile and Family Court Judges (NCJFCJ)
and its 2,000 members who represent the nation's 30,000 state
family and juvenile court judges, I am writing in support of
Title IX of S. 47, the bill to reauthorize the Violence
Against Women Act. In particular, I am writing to apprise you
of the NCJFCJ's strong support for the recognition of tribes'
need for and sovereign authority to establish tribal courts
to address the epidemic of domestic violence on tribal lands.
On January 21, 2011, the NCJFCJ adopted an organizational
policy that states that we recognize tribal courts as equal
and parallel systems of justice to the state court systems.
We did so because our state court judge members have a strong
history of working with tribal courts and are aware of their
capacity to adjudicate local cases of domestic violence. Our
organization has long supported the efforts of tribal courts
to address these crimes, whether these crimes are committed
by Indian or non-Indian persons, in order to protect the
safety of the victims of these crimes, their family members,
and the local community.
In our role as state court judges working alongside tribal
lands, we are in a unique position to see the shortcomings of
the current system of justice afforded to the tribes through
the federal district courts. Currently, only the U.S.
Attorneys can prosecute these cases--but they seldom do,
because there are not enough U.S. Attorneys to handle these
cases and because in many cases the nearest office of the
U.S. Attorney is several hundred miles away. The remote
locations of many tribal communities create serious obstacles
to access for victims of these crimes. They have no way to
get to federal court and the federal court has no capacity to
reach out to these geographically distant communities. Yet we
know how dangerous domestic violence cases can be, and cannot
stand by and let these crimes go unaddressed. Too many lives
are at risk; too many victims and children are left to suffer
because the only system of justice afforded to them is
utterly out of reach.
We believe that the provisions contained in S. 47 create an
excellent path for supporting a system of tribal courts that
can quickly, appropriately, and fairly respond to the
epidemic of domestic violence on tribal lands. We base this
belief on the long history NCJFCJ has had in providing
training and technical assistance to tribal courts. There is
a dedication and willingness on the part of both tribal and
state courts to build the best possible system of justice for
Native victims of domestic violence. We ask the Senate to
recognize the appropriateness of tribal courts' providing
protection to their most vulnerable community members. In the
interests of justice for all, we ask you to vote
[[Page H752]]
for S. 47 so that its tribal provisions can become law.
If you have any questions, we stand ready to answer with
whatever information you may need.
Sincerely,
Hon. Michael Nash,
President, National Council of Juvenile and Family Court
Judges.
____
Samish Indian Nation,
Anacortes, WA, February 4, 2012.
Re Support for S. 47, VAWA Reauthorization.
Hon. Patrick Leahy,
U.S. Senate, Committee on the Judiciary,
Washington, DC.
Dear Chairman Leahy: I write on behalf of the Samish Indian
Nation to voice our strong support for S. 47, the Violence
Against Women Reauthorization Act (VAWA) of 2013. This bill
will provide local tribal governments with the long-needed
control to combat acts of domestic violence against Native
women and children on Indian lands regardless of the status
of the offender.
The current justice system in place on Indian lands
handcuffs the local tribal justice system. Non-Native men who
abuse Native women hide behind these federal laws and court
decisions, walking the streets of Indian country free of
consequences, while denying justice to Native women and their
families.
Nationally, Native women are raped and assaulted at 2.5
times the national average. More than 1 in 3 Native women
will be raped in their lifetimes, and more than 3 in 5 will
sutler domestic assault. The U.S. Department of Justice (DOJ)
has found that the current system of justice, ``inadequate to
stop the pattern of escalating violence against Native
women.'' Tribal leaders, police officers, and prosecutors
have testified to the fact that when misdemeanor acts of
domestic and dating violence go unaddressed, offenders become
emboldened and feel untouchable, and the beatings escalate,
often leading to death or severe physical injury. A National
Institute of Justice-funded analysis of death certificates
found that, on some reservations, Native women are murdered
at a rate more than ten times the national average. S. 47
will crack down on reservation based domestic violence by all
offenders at the early stages before violence escalates.
While the problem of violence against Native women is
longstanding and broad, the jurisdictional provisions
proposed in S. 47, Section 904, are well-reasoned and limited
in scope. They extend only to misdemeanor level crimes of
domestic and dating violence. They are limited to enforcement
of reservation-based crimes involving individuals that work
or live on an Indian reservation and who are in a serious
relationship with a tribal citizen from that reservation. S.
47 also provides the full range of constitutional protections
to abuse suspects who would be subject to the authority of
tribal courts.
In June of 2010, the United States Senate, by unanimous
consent, passed the Tribal Law and Order Act (TLOA). On July
27, 2010, the House of Representatives passed the measure
under suspension of the rules. The tribal provisions in S. 47
are subject to a more narrow set of crimes, are limited to
misdemeanor level punishments, and would provide a broader
range of protections to suspects of abuse than those required
under TLOA. With such broad support for TLOA-- it is
troubling that some Members of Congress now claim that the
narrowly tailored proposal in S. 47 raises constitutional
concerns. Such concerns are unfounded.
In 2004, the U.S. Supreme Court affirmed a similar
restoration of tribal government authority through an
amendment to the Indian Civil Rights Act. Congress has this
authority, and Native women throughout the United States
desperately need us to act so that they can be afforded
similar access to justice that many others take for granted.
In 1978, the U.S. Supreme Court, in deciding to divest
Indian tribes of authority over local reservation-based
crimes, made the following statement:
``We recognize that some Indian tribal court systems have
become increasingly sophisticated and resemble in many
respects their state counterparts * * *. We are not unaware
of the prevalence of non-Indian crime on today's reservations
which the tribes forcefully argue requires the ability to try
non-Indians. But these are considerations for Congress to
weigh.'' Oliphant v. Suquamish Indian Tribe, 435 U.S. 191,
211 (1978) (emphasis added).
This statement and resulting gaps in criminal jurisdiction
on Indian lands have haunted Native women and tribal
communities nationwide for more than 35 years. Time has come
for Congress to act. S. 47 takes reasonable well-tailored
measures to fill the gap in local authority, and will go far
in helping to prevent future acts of violence against Native
women nationwide. Thank you for again including these vital
provisions in your VAWA Reauthorization.
Sincerely,
Tom Wooten.
____
"quitas,
Washington, DC, February 4, 2013.
Hon. Patrick Leahy,
Chairman,
Senate Committee on Judiciary,
Washington, DC.
Hon. Bob Goodlatte,
Chairman,
House Committee on Judiciary,
Washington, DC.
Hon. Charles Grassley,
Ranking Member,
Senate Committee on Judiciary, Washington, DC.
Hon. John Conyers,
Ranking Member, House Committee on Judiciary,
Washington, DC.
Dear Chairman Leahy, Chairman Goodlatte, Ranking Member
Grassley and Ranking Member Conyers: On behalf of "quitas:
The Prosecutors' Resource on Violence Against Women, in
support for the Violence Against Women Act's (VAWA)
reauthorization. "quitas' mission is to improve the quality
of justice in sexual violence, intimate partner violence,
stalking, and human trafficking cases by developing,
evaluating and refining prosecution practices that increase
victim safety and offender accountability.
VAWA has unquestionably improved the nation's justice
system response to the devastating crimes of sexual violence,
intimate partner violence, and stalking. This critical
legislation must be reauthorized to ensure a continued
response to these crimes.
Since its original passage in 1994, VAWA has improved the
criminal justice system's ability to keep victims safe and
hold perpetrators accountable. As a result of this historic
legislation, every state has enacted laws making stalking a
crime and strengthened criminal rape and sexual assault
statutes.
VAWA has undoubtedly had a positive impact on the efforts
of prosecutors to hold offenders accountable while supporting
victim safety. We urge Congress to reauthorize VAWA to build
upon its successes and to expand its ability to improve our
response to these crimes, hold perpetrators accountable, and
keep victims and their children safe from future harm.
Thank you for your leadership and steadfast commitment to
supporting victims of sexual violence, intimate partner
violence, and stalking. We look forward to hearing of VAWA's
swift reauthorization. If you have any questions, please feel
free to contact me at 202.596.4223.
Sincerely,
Jennifer G. Long, J.D.,
Director.
____
Association of Prosecuting
Attorneys,
Washington, DC, February 4, 2013.
Hon. Patrick Leahy,
Chairman, Senate Committee on Judiciary, Washington, DC.
Dear Chairman Leahy: On behalf of the Association of
Prosecuting Attorneys, which represents and supports all
prosecutors, I am writing today regarding the Violence
Against Women Acts (VAWA) reauthorization. VAWA has improved
the criminal justice system's response to the devastating
crimes of domestic violence, dating violence, sexual assault
and stalking. The reauthorization of this critical
legislation ensures a continued response to these crimes.
Since its original passage in 1994, VAWA has dramatically
enhanced our nation's response to violence against women.
More victims report domestic violence to the police, the rate
of non-fatal intimate partner violence against women has
decreased by 63%, and VAWA saved nearly $14.8 billion in net
averted social costs in just the first six years.
The reauthorization of VAWA builds upon existing efforts to
more effectively combat violence against all victims. The
reauthorization of VAWA renews a range of important programs
and initiatives for law enforcement to address the various
causes and far-reaching consequences of domestic violence,
sexual assault, dating violence, and stalking. VAWA
Reauthorization will further build upon the successes of
these programs by including measures to ensure an increased
focus on sexual assault prevention, enforcement, and
services; and providing assistance to law enforcement to take
key steps to reduce backlogs of rape kits under their
control.
VAWA has undoubtedly had a positive impact on the efforts
of law enforcement agencies nationwide to keep victims and
their children safe and hold perpetrators accountable. Thank
you for your leadership and steadfast commitment to
supporting victims of domestic violence, dating violence,
sexual assault, and stalking. We look forward to hearing of
VAWA's swift reauthorization If you have any questions, feel
free to contact me at 202.861.2482 or
[email protected].
Sincerely,
Steven Jansen,
Vice President/COO.
Mrs. McMORRIS RODGERS. Madam Speaker, I am happy to yield the balance
of my time to the attorney, the wife, the mom, the gentlelady from
Alabama (Mrs. Roby).
Mrs. ROBY. In closing, I just want to make sure that we're clear:
Republicans have committed to standing for all victims.
This bill, or amendment, strengthens penalties for sexual assault,
improves the Federal stalking statute, provides for enhanced
investigation and prosecution of sexual assault, and provides services
for victims. Most importantly, our amendment is constitutional, and it
will stand up to constitutional muster from the court.
[[Page H753]]
The Senate passed a weakened bill that has a real chance of being
overturned by the courts.
I urge support for the House amendment.
The SPEAKER pro tempore. All time for debate on the bill has expired.
Amendment in the Nature of a Substitute Offered by Mrs. McMorris
Rodgers
Mrs. McMORRIS RODGERS. Madam Speaker, I have an amendment at the
desk.
The SPEAKER pro tempore. The Clerk will designate the amendment in
the nature of a substitute.
The text of the amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violence Against Women
Reauthorization Act of 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. VAWA definitions and grant conditions.
Sec. 4. Accountability provisions.
Sec. 5. Effective date.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
Sec. 101. STOP grants.
Sec. 102. Grants to encourage arrest policies and enforcement of
protection orders.
Sec. 103. Legal assistance for victims.
Sec. 104. Consolidation of grants to support families in the justice
system.
Sec. 105. Court-appointed special advocate program.
Sec. 106. Outreach and services to underserved populations grant.
Sec. 107. Culturally specific services grant.
Sec. 108. Reduction in rape kit backlog.
Sec. 109. Assistance to victims of sexual assault training programs.
Sec. 110. Child abuse training programs for judicial personnel and
practitioners.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 201. Sexual assault services program.
Sec. 202. Rural domestic violence, dating violence, sexual assault,
stalking, and child abuse enforcement assistance.
Sec. 203. Training and services to end violence against women with
disabilities grants.
Sec. 204. Grant for training and services to end violence against women
in later life.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
Sec. 301. Rape prevention and education grant.
Sec. 302. Creating hope through outreach, options, services, and
education for children and youth.
Sec. 303. Grants to combat violent crimes on campuses.
Sec. 304. Campus safety.
TITLE IV--VIOLENCE REDUCTION PRACTICES
Sec. 401. Study conducted by the centers for disease control and
prevention.
Sec. 402. Saving money and reducing tragedies through prevention
grants.
TITLE V--STRENGTHENING THE HEALTH CARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 501. Consolidation of grants to strengthen the health care
system's response to domestic violence, dating violence,
sexual assault, and stalking.
TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING
Sec. 601. Housing protections for victims of domestic violence, dating
violence, sexual assault, and stalking.
Sec. 602. Transitional housing assistance grants for victims of
domestic violence, dating violence, sexual assault, and
stalking.
Sec. 603. Addressing the housing needs of victims of domestic violence,
dating violence, sexual assault, and stalking.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
Sec. 701. National Resource Center on Workplace Responses to assist
victims of domestic and sexual violence.
TITLE VIII--IMMIGRATION PROVISIONS
Sec. 801. Clarification of the requirements applicable to U visas.
Sec. 802. Protections for a fiancee or fiance of a citizen.
Sec. 803. Regulation of international marriage brokers.
Sec. 804. GAO report.
Sec. 805. Annual report on immigration applications made by victims of
abuse.
Sec. 806. Protection for children of VAWA self-petitioners.
Sec. 807. Public charge.
Sec. 808. Age-Out Protection for U Visa Applicants.
Sec. 809. Hardship waivers.
Sec. 810. Disclosure of Information for National Security Purpose.
Sec. 811. Consideration of other evidence.
TITLE IX--SAFETY FOR INDIAN WOMEN
Sec. 901. Grants to Indian tribal governments.
Sec. 902. Grants to Indian tribal coalitions.
Sec. 903. Tribal jurisdiction over crimes of domestic violence.
Sec. 904. Consultation.
Sec. 905. Analysis and research on violence against Indian women.
Sec. 906. Assistant United States Attorney Domestic Violence Tribal
Liaisons.
Sec. 907. Special attorneys.
Sec. 908. GAO Study.
TITLE X--CRIMINAL PROVISIONS
Sec. 1001. Sexual abuse in custodial settings.
Sec. 1002. Criminal provision relating to stalking, including
cyberstalking.
Sec. 1003. Amendments to the Federal assault statute.
SEC. 3. VAWA DEFINITIONS AND GRANT CONDITIONS.
(a) Definitions.--Subsection (a) of section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925(a)) is
amended--
(1) in paragraph (2), by inserting ``to an unemancipated
minor'' after ``serious harm'';
(2) in paragraph (3), by striking ``an organization'' and
inserting ``a nonprofit, nongovernmental, or tribal
organization that serves a specific geographic community'';
(3) in paragraph (6) by inserting ``or intimate partner''
after ``former spouse'' and after ``as a spouse'';
(4) by amending paragraph (16) to read as follows:
``(16) Legal assistance.--The term `legal assistance'--
``(A) includes assistance to adult and youth victims of
domestic violence, dating violence, sexual assault, and
stalking in--
``(i) family, tribal, territorial, immigration, employment,
administrative agency, housing matters, campus administrative
or protection or stay away order proceedings, and other
similar matters; and
``(ii) criminal justice investigations, prosecutions and
post-trial matters (including sentencing, parole, and
probation) that impact the victim's safety and privacy; and
``(B) may include services and assistance to victims of
domestic violence, dating violence, sexual assault, or
stalking who are also victims of severe forms of trafficking
in persons as defined by section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102);
except that intake or referral, without other action, does
not constitute legal assistance.''.
(5) by amending paragraph (18) to read as follows:
``(18) Personally identifying information or personal
information.--The term `personally identifying information'
or `personal information' means individually identifying
information for or about an individual, including information
likely to disclose the location of a victim of domestic
violence, dating violence, sexual assault, or stalking,
regardless of whether the information is encoded, encrypted,
hashed, or otherwise protected, including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-mail or
Internet protocol address, or telephone or facsimile number);
``(D) a social security number, driver license number,
passport number, or student identification number; and
``(E) any other information, including date of birth,
racial or ethnic background, or religious affiliation, that
would serve to identify any individual.'';
(6) in paragraph (19), by striking ``services'' and
inserting ``assistance'';
(7) in paragraph (21)--
(A) in subparagraph (A), by striking ``or'' after the
semicolon;
(B) in subparagraph (B)(ii), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) any federally recognized Indian tribe.'';
(8) in paragraph (22)--
(A) by striking ``52'' and inserting ``57''; and
(B) by striking ``150,000'' and inserting ``250,000'';
(9) by amending paragraph (23) to read as follows:
``(23) Sexual assault.--The term `sexual assault' means any
nonconsensual sexual act proscribed by Federal, tribal, or
State law, including when the victim lacks capacity to
consent.'';
(10) by amending paragraph (33) to read as follows:
``(33) Underserved populations.--The term `underserved
populations' means populations who face barriers to accessing
and using victim services, and includes populations
underserved because of geographic location or religion,
underserved racial and ethnic populations, populations
underserved because of special needs (such as language
barriers, disabilities, alienage status, or age), and any
other population determined to
[[Page H754]]
be underserved by the Attorney General or the Secretary of
Health and Human Services, as appropriate.'';
(11) by amending paragraph (37) to read as follows:
``(37) Youth.--The term `youth' means a person who is 11 to
24 years of age.'';
(12) by adding at the end the following new paragraphs:
``(38) Alaska native village.--The term `Alaska Native
village' has the same meaning given such term in the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
``(39) Child.--The term `child' means a person who is under
11 years of age.
``(40) Culturally specific.--The term `culturally specific'
(except when used as part of the term `culturally specific
services') means primarily composed of racial and ethnic
minority groups (as defined in section 1707(g) of the Public
Health Service Act (42 U.S.C. 300u-6(g))).
``(41) Culturally specific services.--The term `culturally
specific services' means community-based services and
resources that are culturally relevant and linguistically
specific to culturally specific communities.
``(42) Homeless, homeless individual, homeless person.--The
terms `homeless', `homeless individual', and `homeless
person'--
``(A) mean an individual who lacks a fixed, regular, and
adequate nighttime residence; and
``(B) includes--
``(i) an individual who--
``(I) is sharing the housing of other persons due to loss
of housing, economic hardship, or a similar reason;
``(II) is living in a motel, hotel, trailer park, or
campground due to the lack of alternative adequate
accommodations;
``(III) is living in an emergency or transitional shelter;
``(IV) is abandoned in a hospital; or
``(V) is awaiting foster care placement;
``(ii) an individual who has a primary nighttime residence
that is a public or private place not designed for or
ordinarily used as a regular sleeping accommodation for human
beings; or
``(iii) migratory children (as defined in section 1309 of
the Elementary and Secondary Education Act of 1965; 20 U.S.C.
6399) who qualify as homeless under this section because the
children are living in circumstances described in this
paragraph.
``(43) Population specific organization.--The term
`population specific organization' means a nonprofit,
nongovernmental organization that primarily serves members of
a specific underserved population and has demonstrated
experience and expertise providing targeted services to
members of that specific underserved population.
``(44) Population specific services.--The term `population
specific services' means victim services that--
``(A) address the safety, health, economic, legal, housing,
workplace, immigration, confidentiality, or other needs of
victims of domestic violence, dating violence, sexual
assault, or stalking; and
``(B) are designed primarily for, and are targeted to, a
specific underserved population.
``(45) Rape crisis center.--The term `rape crisis center'
means--
``(A) a nonprofit, nongovernmental, or tribal organization
that provides intervention and related assistance, as
specified in section 41601(b)(2)(C), to victims of sexual
assault without regard to the age of the victims; or
``(B) a governmental entity that--
``(i) is located in a State other than a Territory;
``(ii) provides intervention and related assistance, as
specified in section 41601(b)(2)(C), to victims of sexual
assault without regard to the age of the victims;
``(iii) is not a law enforcement agency or other entity
that is part of the criminal justice system; and
``(iv) offers a level of confidentiality to victims that is
comparable to a nonprofit entity that provides similar victim
services.
``(46) Sex trafficking.--The term `sex trafficking' means
any conduct proscribed by section 1591 of title 18, United
States Code, whether or not the conduct occurs in interstate
or foreign commerce or within the special maritime and
territorial jurisdiction of the United States.
``(47) Tribal coalition.--The term `tribal coalition' means
an established nonprofit, nongovernmental Indian
organization, Alaska Native organization, or a Native
Hawaiian organization that--
``(A) provides education, support, and technical assistance
to member Indian service providers in a manner that enables
those member providers to establish and maintain culturally
appropriate services, including shelter and rape crisis
services, designed to assist Indian women and the dependents
of those women who are victims of domestic violence, dating
violence, sexual assault, and stalking; and
``(B) is comprised of board and general members that are
representative of--
``(i) the member service providers described in
subparagraph (A); and
``(ii) the tribal communities in which the services are
being provided.
``(48) Unit of local government.--The term `unit of local
government' means any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State.
``(49) Victim services.--The term `victim services'--
``(A) means services provided to victims of domestic
violence, dating violence, sexual assault, or stalking,
including telephonic or web-based hotlines, legal advocacy,
economic advocacy, emergency and transitional shelter,
accompaniment and advocacy through medical, civil or criminal
justice, immigration, and social support systems, crisis
intervention, short-term individual and group support
services, information and referrals, culturally specific
services, population specific services, and other related
supportive services; and
``(B) may include services and assistance to victims of
domestic violence, dating violence, sexual assault, or
stalking who are also victims of severe forms of trafficking
in persons as defined by section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
``(50) Victim service provider.--The term `victim service
provider' means a nonprofit, nongovernmental or tribal
organization or rape crisis center, including a State sexual
assault coalition or tribal coalition, that--
``(A) assists domestic violence, dating violence, sexual
assault, or stalking victims, including domestic violence
shelters, faith-based organizations, and other organizations;
and
``(B) has a documented history of effective work concerning
domestic violence, dating violence, sexual assault, or
stalking.''; and
(13) by striking paragraphs (17), (29), and (36), and then
reordering the remaining paragraphs of such subsection
(including the paragraphs added by paragraph (12) of this
subsection) in alphabetical order based on the headings of
such paragraphs, and renumbering such paragraphs as so
reordered.
(b) Grants Conditions.--Subsection (b) of section 40002 of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(b))
is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by amending clauses (i) and (ii)
to read as follows:
``(i) disclose, reveal, or release any personally
identifying information or individual information collected
in connection with services requested, utilized, or denied
through grantees' and subgrantees' programs, regardless of
whether the information has been encoded, encrypted, hashed,
or otherwise protected; or
``(ii) disclose, reveal, or release individual client
information without the informed, written, reasonably time-
limited consent of the person (or in the case of an
unemancipated minor, the minor and the parent or guardian or
in the case of legal incapacity, a court-appointed guardian)
about whom information is sought, whether for this program or
any other Federal, State, tribal, or territorial grant
program, except that--
``(I) consent for release may not be given by the abuser of
the minor, incapacitated person, or the abuser of the other
parent of the minor; and
``(II) if a minor or a person with a legally appointed
guardian is permitted by law to receive services without the
parent's or guardian's consent, such minor or person with a
guardian may release information without additional
consent.'';
(B) by amending subparagraph (D), to read as follows:
``(D) Information sharing.--
``(i) In general.--Grantees and subgrantees may share--
``(I) nonpersonally identifying data in the aggregate
regarding services to their clients and nonpersonally
identifying demographic information in order to comply with
Federal, State, tribal, or territorial reporting, evaluation,
or data collection requirements;
``(II) court-generated information and law enforcement-
generated information contained in secure, governmental
registries for protection order enforcement purposes; and
``(III) law enforcement-generated and prosecution-generated
information necessary for law enforcement, intelligence,
national security, or prosecution purposes.
``(ii) Limitations.--Grantees and subgrantees may not--
``(I) require an adult, youth, or child victim of domestic
violence, dating violence, sexual assault, or stalking to
provide a consent to release his or her personally
identifying information as a condition of eligibility for the
services provided by the grantee or subgrantee; or
``(II) share any personally identifying information in
order to comply with Federal reporting, evaluation, or data
collection requirements, whether for this program or any
other Federal grant program.'';
(C) by redesignating subparagraph (E) as subparagraph (F);
(D) by inserting after subparagraph (D) the following:
``(E) Statutorily mandated reports of abuse or neglect.--
Nothing in this paragraph prohibits a grantee or subgrantee
from reporting suspected abuse or neglect, as those terms are
defined by law, when specifically mandated by the State or
tribe involved.''; and
(E) by adding at the end the following new subparagraph:
``(G) Confidentiality assessment and assurances.--Grantees
and subgrantees shall certify their compliance with the
confidentiality and privacy provisions required under this
section.'';
(2) by striking paragraph (3) and inserting the following:
``(3) Approved activities.--In carrying out the activities
under this title, grantees and
[[Page H755]]
subgrantees may collaborate with and provide information to
Federal, State, local, tribal, and territorial public
officials and agencies to develop and implement policies, and
develop and promote State, local, or tribal legislation or
model codes, designed to reduce or eliminate domestic
violence, dating violence, sexual assault, and stalking.'';
(3) in paragraph (7), by inserting at the end the
following:
``Final reports of such evaluations shall be made publically
available on the website of the disbursing agency.''; and
(4) by inserting after paragraph (11) the following:
``(12) Delivery of legal assistance.--Any grantee or
subgrantee providing legal assistance with funds awarded
under this title shall comply with the eligibility
requirements in section 1201(d) of the Violence Against Women
Act of 2000 (42 U.S.C. 3796gg-6(d)).
``(13) Civil rights.--
``(A) Nondiscrimination.--No person in any State shall on
the basis of actual or perceived race, color, religion,
national origin, sex, or disability be denied the assistance
of, or excluded from receiving services from, a grantee under
any program or activity funded in whole or in part with funds
made available under the Violence Against Women Act of 1994
(title IV of Public Law 103-322; 108 Stat. 1902), the
Violence Against Women Act of 2000 (division B of Public Law
106-386; 114 Stat. 1491), the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (title IX
of Public Law 109-162; 119 Stat. 3080), the Violence Against
Women Reauthorization Act of 2013, or any other program or
activity funded in whole or in part with funds appropriated
for grants, cooperative agreements, and other assistance
administered by the Office on Violence Against Women.
``(B) Rule making.--The Attorney General may make rules to
ensure that grantees or subgrantees providing services with
funds awarded under this title do not impermissibly
discriminate in the provision of such services.
``(C) Reasonable accommodation.--Nothing in this paragraph
shall prevent consideration of an individual's gender for
purposes of a program or activity described in subparagraph
(A) if the grantee involved determines that gender
segregation or gender-specific programming is necessary to
the essential operation of such program or activity. In such
a case, alternative reasonable accommodations are sufficient
to meet the requirements of this paragraph.
``(D) Application.--The provisions of paragraphs (2)
through (4) of section 809(c) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3789d(c))
shall apply to violations of subparagraph (A).
``(E) Rule of construction.--Nothing in this paragraph
shall be construed, interpreted, or applied to supplant,
displace, preempt, or otherwise diminish the responsibilities
and liabilities of grantees under other Federal or State
civil rights law, whether statutory or common.''.
(c) Conforming Amendment.--Section 41403(6) of the Violence
Against Women Act of 1994 (14043e-2(6)) is amended to read as
follows:
``(6) the terms `homeless', `homeless individual', and
`homeless person' have the meanings given such terms in
section 40002(a);''.
SEC. 4. ACCOUNTABILITY PROVISIONS.
(a) Requirement for DOJ Grant Applicants to Include Certain
Information About Federal Grants in DOJ Grant Applications.--
Each applicant for a grant from the Department of Justice
shall submit, as part of the application for the grant, the
following information:
(1) A list of each Federal grant the applicant applied for
during the one-year period preceding the date of submission
of the application.
(2) A list of each Federal grant the applicant received
during the five-year period preceding the date of submission
of the application.
(b) Enhancing Grant Efficiency and Coordination.--
(1) In general.--The Attorney General, in consultation with
the Secretary of Health and Human Services, shall, to the
greatest extent practicable, take actions to further the
coordination of the administration of grants within the
Department of Justice to increase the efficiency of such
administration.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall submit to
the Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the House of
Representatives a report on the actions taken by the Attorney
General under paragraph (1) and the progress of such actions
in achieving coordination described in such paragraph.
(c) Requiring Office of Audit, Assessment, and Management
Functions to Apply to VAWA Grants.--
(1) In general.--Section 109(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2), the following new
paragraph:
``(3) Any program or activity funded in whole or in part
with funds made available under the Violence Against Women
Act of 1994 (title IV of Public Law 103-322; 108 Stat. 1902),
the Violence Against Women Act of 2000 (division B of Public
Law 106-386; 114 Stat. 1491), the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (title IX
of Public Law 109-162; 119 Stat. 3080), the Violence Against
Women Reauthorization Act of 2013, or any other program or
activity funded in whole or in part with funds appropriated
for grants, cooperative agreements, and other assistance
administered by the Office on Violence Against Women.''.
(2) Effective date.--The amendments made by subsection (a)
shall apply with respect to grant periods beginning on or
after the date of the enactment of this Act.
(d) VAWA Grant Accountability.--Section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925) is
further amended by adding at the end the following:
``(c) Accountability.--All grants awarded under this title
shall be subject to the following accountability provisions:
``(1) Audit requirement.--Beginning in fiscal year 2014,
and in each fiscal year thereafter, the Inspector General of
the Department of Justice or the Inspector General of the
Department of Health and Human Services, as applicable, shall
conduct audits of grantees under this title to prevent waste,
fraud, and abuse of funds by such grantees.
``(2) Mandatory exclusion.--A grantee described in
paragraph (1) that is found by the Inspector General of the
Department of Justice or the Inspector General of the
Department of Health and Human Services, as applicable, to
have an unresolved audit finding (as defined in paragraph
(4)) shall not be eligible to receive grant funds under this
title during the 2 fiscal years beginning after the 12-month
period described in such paragraph.
``(3) Reimbursement.--If an entity is awarded grant funds
under this title during any period in which the entity is
prohibited from receiving funds under paragraph (2), the head
of the Federal agency administering a grant program under
this title shall--
``(A) deposit into the General Fund of the Treasury an
amount equal to the grant funds that were improperly awarded
to the grantee; and
``(B) seek to recoup the costs of the repayment to the Fund
from the entity that was erroneously awarded such grant
funds.
``(4) Unresolved audit finding defined.--In this
subsection, the term `unresolved audit finding' means, with
respect to a grantee described in paragraph (1), an audit
report finding, statement, or recommendation by the Inspector
General of the Department of Justice or the Inspector General
of the Department of Health and Human Service, as applicable,
that the grantee has utilized grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not closed
or resolved within 12 months from the date of an initial
notification of the finding, statement, or recommendation.
``(5) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph, the term
`nonprofit organization' means an organization that is
described in section 501(c)(3) of the Internal Revenue Code
of 1986 and is exempt from taxation under section 501(a) of
such Code.
``(B) Prohibition.--The Attorney General shall not award a
grant under any grant program under this title to a nonprofit
organization that holds money in offshore accounts for the
purpose of avoiding paying the tax described in section
511(a) of the Internal Revenue Code of 1986.
``(6) Administrative expenses.--Unless otherwise explicitly
provided in authorizing legislation, not more than 5.0
percent of the amounts authorized to be appropriated under
this title may be used by the Attorney General for salaries
and administrative expenses of the Office on Violence Against
Women.
``(7) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be appropriated
to the Department of Justice or Department of Health and
Human Services under this title may be used by the Attorney
General, the Secretary of Health and Human Services, or by
any individual or organization awarded funds under this
title, to host or support any conferences for which the
expenditures exceed $20,000, unless in the case of the
Department of Justice, the Deputy Attorney General or the
appropriate Assistant Attorney General, or in the case of the
Department of Health and Human Services the Deputy Secretary,
provides prior written authorization that the funds may be
expended to host or support any expenditure for such a
conference.
``(B) Written approval.--Written authorization under
subparagraph (A) shall include a written estimate of all
costs associated with the conference, including the cost of
all food and beverages, audio/visual equipment, honoraria for
speakers, and any entertainment.
``(C) Report.--The Deputy Attorney General and Deputy
Secretary of Health and Human Services shall submit an annual
report to the Committee on the Judiciary and the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on the Judiciary and the Committee on Energy and
Commerce of the House of Representatives on all conference
expenditures approved and denied during the fiscal year for
which the report is submitted.
``(8) Prohibition on lobbying activity.--
``(A) In general.--Amounts authorized to be appropriated
under this title may not be
[[Page H756]]
utilized by any grantee or subgrantee to lobby any
representative of the Federal Government (including the
Department of Justice) or a State, local, or tribal
government regarding the award of grant funding.
``(B) Penalty.--If the Attorney General or the Secretary of
Health and Human Services, as applicable, determines that any
grantee or subgrantee receiving funds under this title has
violated subparagraph (A), the Attorney General or the
Secretary of Health and Human Services, as applicable,
shall--
``(i) require the grantee or subgrantee to repay such funds
in full; and
``(ii) prohibit the grantee or subgrantee from receiving
any funds under this title for not less than 5 years.
``(9) Annual certification.--Beginning in the first fiscal
year beginning after the date of the enactment of the
Violence Against Women Reauthorization Act of 2013, the
Assistant Attorney General for the Office of Justice
Programs, the Director of the Office on Violence Against
Women, and the Deputy Secretary for Health and Human Services
shall submit to the Committee on the Judiciary and the
Committee on Appropriations of the Senate and the Committee
on the Judiciary and the Committee on Appropriations of the
House of Representatives a certification for such year that--
``(A) all audits issued by the Office of the Inspector
General under paragraph (1) have been completed and reviewed
by the Assistant Attorney General for the Office of Justice
Programs;
``(B) all mandatory exclusions required under paragraph (2)
have been issued;
``(C) all reimbursements required under paragraph (3) have
been made; and
``(D) includes a list of any grantees and subgrantees
excluded during the previous year under paragraph (2).''.
(e) Training and Resources for VAWA Grantees.--Section
40002 of the Violence Against Women Act of 1994 (42 U.S.C.
13925) is further amended--
(1) in the heading, by striking ``AND GRANT PROVISIONS''
and inserting ``, GRANT PROVISIONS, AND TRAINING AND
RESOURCES FOR VAWA GRANTEES''; and
(2) by adding after subsection (c), as added by subsection
(d) of this section, the following new subsection:
``(d) Training and Resources for VAWA Grantees.--
``(1) In general.--The Attorney General and Secretary of
Health and Human Services, as applicable, shall--
``(A) develop standards, protocols, and sample tools and
forms to provide guidance to grantees and subgrantees under
any program or activity described in paragraph (2) regarding
financial record-keeping and accounting practices required of
such grantees and subgrantees as recipients of funds from the
disbursing agency;
``(B) provide training to such grantees and subgrantees
regarding such standards, protocols, and sample tools and
forms; and
``(C) publish on the public Internet website of the Office
of Violence Against Women information to assist such grantees
and subgrantees with compliance with such standards,
protocols, and sample tools and forms.
``(2) VAWA programs and activities.--For purposes of
paragraph (1), a program or activity described in this
paragraph is any program or activity funded in whole or in
part with funds made available under this title, the Violence
Against Women Act of 2000 (division B of Public Law 106-386;
114 Stat. 1491), the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (title IX of Public Law
109-162; 119 Stat. 3080), the Violence Against Women
Reauthorization Act of 2013, or any other program or activity
funded in whole or in part with funds appropriated for
grants, cooperative agreements, and other assistance
administered by the Office on Violence Against Women.''.
SEC. 5. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, the
provisions of titles I, II, III, IV, VII, and sections 3,
602, 901, and 902 of this Act shall not take effect until the
first day of the fiscal year following the date of enactment
of this Act.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
SEC. 101. STOP GRANTS.
(a) STOP Grants.--Part T of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)
is amended--
(1) in section 2001(a) (42 U.S.C. 3796gg(a)), by striking
``violent crimes against women'' each place it appears and
inserting ``violent crimes that predominantly affect women
including domestic violence, dating violence, sexual assault,
and stalking'';
(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,'' before ``and specifically,'';
(B) in paragraph (1), by striking ``sexual assault'' and
all that follows through ``dating violence'' and inserting
``domestic violence, dating violence, sexual assault, and
stalking (crimes that predominantly affect women)'';
(C) in paragraph (2), by striking ``sexual assault and
domestic violence'' and inserting ``domestic violence, dating
violence, sexual assault, and stalking (crimes that
predominantly affect women)'';
(D) in paragraph (3), by striking ``sexual assault and
domestic violence'' and inserting ``domestic violence, dating
violence, sexual assault, and stalking (crimes that
predominantly affect women), as well as the appropriate
treatment of victims'';
(E) in paragraph (4)--
(i) by inserting ``, classifying,'' after ``identifying'';
and
(ii) by striking ``sexual assault and domestic violence''
and inserting ``domestic violence, dating violence, sexual
assault, and stalking (crimes that predominantly affect
women)'';
(F) in paragraph (5)--
(i) by inserting ``and legal assistance'' after ``victim
services'';
(ii) by striking ``sexual assault and domestic violence''
and inserting ``domestic violence, dating violence, sexual
assault, and stalking (crimes that predominantly affect
women)''; and
(iii) by striking ``including crimes'' and all that follows
and inserting ``including crimes of domestic violence, dating
violence, sexual assault, and stalking (crimes that
predominantly affect women);'';
(G) by striking paragraph (6) and redesignating paragraphs
(7) through (14) as paragraphs (6) through (13),
respectively;
(H) in paragraph (6), as so redesignated by subparagraph
(G), by striking ``sexual assault and domestic violence'' and
inserting ``domestic violence, dating violence, sexual
assault, and stalking (crimes that predominantly affect
women)'';
(I) in paragraph (7), as so redesignated by subparagraph
(G), by striking ``and dating violence'' and inserting
``dating violence, and stalking (crimes that predominantly
affect women)'';
(J) in paragraph (9), as so redesignated by subparagraph
(G)--
(i) by striking ``domestic violence or sexual assault'' and
inserting ``domestic violence, dating violence, sexual
assault, or stalking (crimes that predominantly affect
women)''; and
(ii) by striking ``such violence or assault'' and inserting
``such violence, assault, or stalking (crimes that
predominantly affect women)'';
(K) in paragraph (12), as so redesignated by subparagraph
(G)--
(i) in subparagraph (A), by striking ``triage protocols to
ensure that dangerous or potentially lethal cases are
identified and prioritized'' and inserting ``the use of
evidence-based indicators to assess the risk of domestic and
dating violence homicide and prioritize dangerous or
potentially lethal cases''; and
(ii) in subparagraph (D), by striking ``and'' at the end;
(L) in paragraph (13), as so redesignated by subparagraph
(G)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``to provide'' and inserting ``providing'';
(II) by striking ``nonprofit nongovernmental''; and
(III) by striking the comma after ``local governments'';
(ii) by inserting ``and'' after the semicolon in
subparagraph (B); and
(iii) by striking the period at the end of subparagraph (C)
and inserting a semicolon;
(M) by inserting after paragraph (13), as so redesignated
by subparagraph (G), the following:
``(14) developing and promoting State, local, or tribal
legislation and policies that enhance best practices for
responding to domestic violence, dating violence, sexual
assault, and stalking (crimes that predominantly affect
women);
``(15) developing, implementing, or enhancing Sexual
Assault Response Teams, or other similar coordinated
community responses to sexual assault;
``(16) developing and strengthening policies, protocols,
best practices, and training for law enforcement agencies and
prosecutors relating to the investigation and prosecution of
sexual assault cases and the appropriate treatment of
victims;
``(17) developing, enlarging, or strengthening programs
addressing sexual assault against men, women, and youth in
correctional and detention settings;
``(18) identifying and conducting inventories of backlogs
of sexual assault evidence collection kits and developing
protocols and policies for responding to and addressing such
backlogs, including protocols and policies for notifying and
involving victims; and
``(19) with not more than 5 percent of the total amount
allocated to a State for this part, developing, enhancing, or
strengthening prevention and educational programming to
address domestic violence, dating violence, sexual assault,
or stalking (crimes that predominantly affect women).''; and
(N) in the flush text at the end, by striking ``paragraph
(14)'' and inserting ``paragraph (13)'';
(3) in section 2007 (42 U.S.C. 3796gg-1)--
(A) in subsection (a), by striking ``nonprofit
nongovernmental victim services programs'' and inserting
``victim service providers'';
(B) in subsection (b)(6), by striking ``(not including
populations of Indian tribes)'';
(C) in subsection (c)--
(i) by amending paragraph (2) to read as follows:
``(2) grantees and subgrantees shall develop a plan for
implementation and shall consult and coordinate with--
``(A) the State sexual assault coalition;
``(B) the State domestic violence coalition;
[[Page H757]]
``(C) representatives of the law enforcement entities
within the State;
``(D) representatives of prosecution offices;
``(E) representatives of State and local courts;
``(F) tribal governments or tribal coalitions in those
States with State or federally recognized Indian tribes;
``(G) representatives of underserved populations, including
culturally specific communities;
``(H) representatives of victim service providers;
``(I) representatives of population specific organizations;
and
``(J) representatives of other entities that the State or
the Attorney General identifies as necessary for the planning
process;'';
(ii) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(iii) by inserting after paragraph (2) the following:
``(3) grantees shall coordinate the State implementation
plan described in paragraph (2) with the State plans
described in section 307 of the Family Violence Prevention
and Services Act (42 U.S.C. 10407) and the plans described in
the Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.)
and section 393A of the Public Health Service Act (42 U.S.C.
280b-1b); and''; and
(iv) in paragraph (4), as so redesignated by clause (ii)--
(I) in subparagraph (A), by striking ``and not less than 25
percent shall be allocated for prosecutors'';
(II) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E); and
(III) by inserting after subparagraph (A), the following:
``(B) not less than 25 percent shall be allocated for
prosecutors;
``(C) for each fiscal year beginning on or after the date
that is 2 years after the date of enactment of the Violence
Against Women Reauthorization Act of 2013, not less than 20
percent shall be allocated for 2 or more purposes described
in section 2001(b) 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 amending subsection (d) to read as follows:
``(d) Application Requirements.--An application for a grant
under this part shall include--
``(1) the certifications of qualification required under
subsection (c);
``(2) proof of compliance with the requirements for the
payment of forensic medical exams and judicial notification,
described in section 2010;
``(3) proof of compliance with the requirements for paying
fees and costs relating to domestic violence and protection
order cases described in section 2011;
``(4) proof of compliance with the requirements prohibiting
polygraph examinations of victims of sexual assault described
in section 2013;
``(5) an implementation plan required under subsection (i);
and
``(6) any other documentation that the Attorney General may
require.'';
(E) in subsection (e)--
(i) in paragraph (2)--
(I) in subparagraph (A), by striking ``domestic violence
and sexual assault'' and inserting ``domestic violence,
dating violence, sexual assault, and stalking''; and
(II) in subparagraph (D), by striking ``linguistically
and''; and
(ii) by adding at the end the following:
``(3) Conditions.--In disbursing grants under this part,
the Attorney General may impose reasonable conditions on
grant awards disbursed after the date of enactment of the
Violence Against Women Reauthorization Act of 2013 to ensure
that the States meet statutory, regulatory, and other
programs requirements.'';
(F) in subsection (f), by striking the period at the end
and inserting ``, except that, for purposes of this
subsection, the costs of the projects for victim services or
tribes for which there is an exemption under section
40002(b)(1) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(b)(1)) shall not count toward the total costs of
the projects.''; and
(G) by adding at the end the following:
``(i) Implementation Plans.--A State applying for a grant
under this part shall--
``(1) develop an implementation plan in consultation with
representatives of the entities listed in subsection (c)(2),
that identifies how the State will use the funds awarded
under this part, including how the State will use the funds
that are required to be allocated under subsection (c)(4)(C);
and
``(2) submit to the Attorney General as part of the
application submitted in accordance with subsection (d)--
``(A) the implementation plan developed under paragraph
(1);
``(B) documentation from each member of the planning
committee with respect to the member's participation in the
planning process;
``(C) documentation from the prosecution, law enforcement,
court, and victim services programs to be assisted,
describing--
``(i) the need for the grant funds;
``(ii) the intended use of the grant funds;
``(iii) the expected result of the grant funds; and
``(iv) the demographic characteristics of the populations
to be served, including age, disability, race, ethnicity, and
language background;
``(D) a description of how the State will ensure that any
subgrantees will consult with victim service providers during
the course of developing their grant applications to ensure
that the proposed activities are designed to promote the
safety, confidentiality, and economic independence of
victims;
``(E) demographic data on the distribution of underserved
populations within the State and a description of how the
State will meet the needs of underserved populations,
including the minimum allocation for population specific
services required under subsection (c)(4)(C);
``(F) a description of how the State plans to meet the
requirements pursuant to regulations issued under subsection
(e)(2);
``(G) goals and objectives for reducing domestic and dating
violence-related homicides within the State; and
``(H) any other information requested by the Attorney
General.
``(j) Reallocation of Funds.--A State may use any returned
or remaining funds for any authorized purpose under this part
if--
``(1) funds from a subgrant awarded under this part are
returned to the State; or
``(2) the State does not receive sufficient eligible
applications to award the full funding within the allocations
under subsection (c)(4).'';
(4) in section 2010 (42 U.S.C. 3796gg-4)--
(A) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) In general.--A State, Indian tribal government, or
unit of local government shall not be entitled to funds under
this subchapter unless the State, Indian tribal government,
unit of local government, or another governmental entity--
``(A) incurs the full out-of-pocket cost of forensic
medical exams described in subsection (b) for victims of
sexual assault; and
``(B) coordinates with health care providers in the region
to notify victims of sexual assault of the availability of
rape exams at no cost to the victims.'';
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``or'' after the
semicolon;
(ii) in paragraph (2), by striking ``; or'' and inserting a
period; and
(iii) by striking paragraph (3);
(C) by amending subsection (d) to read as follows:
``(d) Noncooperation.--
``(1) In general.--To be in compliance with this section, a
State, Indian tribal government, or unit of local government
shall comply with subsection (b) without regard to whether
the victim participates in the criminal justice system or
cooperates with law enforcement.
``(2) Compliance period.--States, territories, and Indian
tribal governments shall have 3 years from the date of
enactment of the Violence Against Women Reauthorization Act
of 2013 to come into compliance with this subsection.''; and
(5) in section 2011(a)(1) (42 U.S.C. 3796gg-5(a)(1))--
(A) by inserting ``modification, enforcement, dismissal,''
after ``registration,'' each place it appears; and
(B) by striking ``domestic violence, stalking, or sexual
assault'' and inserting ``domestic violence, dating violence,
sexual assault, or stalking''.
(b) Authorization of Appropriations.--Section 1001(a)(18)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(18)), is amended by striking
``$225,000,000 for each of fiscal years 2007 through 2011''
and inserting ``$222,000,000 for each of fiscal years 2014
through 2018''.
SEC. 102. GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT
OF PROTECTION ORDERS.
(a) In General.--Part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et
seq.) is amended--
(1) in section 2101 (42 U.S.C. 3796hh)--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``States,'' and all that follows through ``units of local
government'' and inserting ``grantees'';
(ii) in paragraph (1), by inserting ``and enforcement of
protection orders across State and tribal lines'' before the
period;
(iii) in paragraph (2), by striking ``and training in
police departments to improve tracking of cases'' and
inserting ``data collection systems, and training in police
departments to improve tracking of cases and classification
of complaints'';
(iv) in paragraph (4), by inserting ``and provide the
appropriate training and education about domestic violence,
dating violence, sexual assault, and stalking'' after
``computer tracking systems'';
(v) in paragraph (5), by inserting ``and other victim
services'' after ``legal advocacy service programs'';
(vi) in paragraph (6), by striking ``judges'' and inserting
``Federal, State, tribal, territorial, and local judges, and
court-based and court-related personnel'';
(vii) in paragraph (8), by striking ``and sexual assault''
and inserting ``, dating violence, sexual assault, and
stalking'';
(viii) in paragraph (10), by striking ``non-profit, non-
governmental victim services organizations,'' and inserting
``victim service providers, population specific
organizations,''; and
(ix) by adding at the end the following:
[[Page H758]]
``(14) To develop and implement training programs for
prosecutors and other prosecution-related personnel regarding
best practices to ensure offender accountability, victim
safety, and victim consultation in cases involving domestic
violence, dating violence, sexual assault, and stalking.
``(15) To develop or strengthen policies, protocols, and
training for law enforcement officers, prosecutors, and the
judiciary in recognizing, investigating, and prosecuting
instances of domestic violence, dating violence, sexual
assault, and stalking.
``(16) To develop and promote State, local, or tribal
legislation and policies that enhance best practices for
responding to the crimes of domestic violence, dating
violence, sexual assault, and stalking, including the
appropriate treatment of victims.
``(17) To develop, implement, or enhance sexual assault
nurse examiner programs or sexual assault forensic examiner
programs, including the hiring and training of such
examiners.
``(18) To develop, implement, or enhance Sexual Assault
Response Teams or similar coordinated community responses to
sexual assault.
``(19) To develop and strengthen policies, protocols, and
training for law enforcement officers and prosecutors
regarding the investigation and prosecution of sexual assault
cases and the appropriate treatment of victims of sexual
assault.
``(20) To provide the following human immunodeficiency
virus services for victims of sexual assault:
``(A) Testing.
``(B) Counseling.
``(C) Prophylaxis.
``(21) To identify and inventory backlogs of sexual assault
evidence collection kits and to develop protocols for
responding to and addressing such backlogs, including
policies and protocols for notifying and involving victims.
``(22) To develop multidisciplinary high-risk teams
focusing on reducing domestic violence and dating violence
homicides by--
``(A) using evidence-based indicators to assess the risk of
homicide and link high-risk victims to immediate crisis
intervention services;
``(B) identifying and managing high-risk offenders; and
``(C) providing ongoing victim advocacy and referrals to
comprehensive services including legal, housing, health care,
and economic assistance.'';
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by inserting
``except for a court,'' before ``certify''; and
(II) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margin
accordingly;
(ii) in paragraph (2), by inserting ``except for a court,''
before ``demonstrate'';
(iii) in paragraph (4)--
(I) by inserting ``modification, enforcement, dismissal,''
after ``registration,'' each place it appears;
(II) by inserting ``dating violence,'' after ``domestic
violence,''; and
(III) by striking ``and'' at the end;
(iv) in paragraph (5)--
(I) in the matter preceding subparagraph (A), by striking
``, not later than 3 years after the date of enactment of
this section,'';
(II) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margin
accordingly;
(III) in clause (ii), as redesignated by subclause (II) of
this clause, by striking ``subparagraph (A)'' and inserting
``clause (i)''; and
(IV) by striking the period at the end and inserting ``;
and'';
(v) by redesignating paragraphs (1) through (5), as amended
by this subparagraph, as subparagraphs (A) through (E),
respectively, and adjusting the margin accordingly;
(vi) in the matter preceding subparagraph (A), as
redesignated by clause (v) of this subparagraph--
(I) by striking the second comma; and
(II) by striking ``grantees are States'' and inserting the
following: ``grantees are--
``(1) States''; and
(vii) by adding at the end the following:
``(2) a State, tribal, or territorial domestic violence or
sexual assault coalition or a victim service provider that
partners with a State, Indian tribal government, or unit of
local government that certifies that the State, Indian tribal
government, or unit of local government meets the
requirements under paragraph (1).'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by inserting
``, policy,'' after ``law''; and
(II) in subparagraph (A), by inserting ``and the defendant
is in custody or has been served with the information or
indictment'' before the semicolon; and
(ii) in paragraph (2), by striking ``it'' and inserting
``its''; and
(D) by adding at the end the following:
``(f) Allocation for Tribal Coalitions.--Of the amounts
appropriated for purposes of this part for each fiscal year,
not less than 5 percent shall be available for grants under
section 2001(d) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796gg(d)).
``(g) Allocation for Sexual Assault.--Of the amounts
appropriated for purposes of this part for each fiscal year,
not less than 25 percent shall be available for projects that
address sexual assault, including stranger rape, acquaintance
rape, alcohol or drug-facilitated rape, and rape within the
context of an intimate partner relationship.''; and
(2) in section 2102(a) (42 U.S.C. 3796hh-1(a))--
(A) in paragraph (1), by inserting ``court,'' after
``tribal government,''; and
(B) in paragraph (4), by striking ``nonprofit, private
sexual assault and domestic violence programs'' and inserting
``victim service providers and, as appropriate, population
specific organizations''.
(b) Authorization of Appropriations.--Section 1001(a)(19)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(19)) is amended--
(1) by striking ``$75,000,000'' and all that follows
through ``2011'' and inserting ``$73,000,000 for each of
fiscal years 2014 through 2018''; and
(2) by striking the second period.
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.
Section 1201 of the Violence Against Women Act of 2000 (42
U.S.C. 3796gg-6) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``arising as a
consequence of'' and inserting ``relating to or arising out
of''; and
(B) in the second sentence, by inserting ``or arising out
of'' after ``relating to'';
(2) in subsection (b)--
(A) in the heading, by inserting ``and Grant Conditions''
after ``Definitions''; and
(B) by inserting ``and grant conditions'' after
``definitions'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``victim services
organizations'' and inserting ``victim service providers'';
and
(B) by striking paragraph (3) and inserting the following:
``(3) to implement, expand, and establish efforts and
projects to provide competent, supervised pro bono legal
assistance for victims of domestic violence, dating violence,
sexual assault, or stalking.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``subsection (c) has
completed'' and all that follows and inserting the following:
``this section--
``(A) has demonstrated expertise in providing legal
assistance or advocacy to victims of domestic violence,
dating violence, sexual assault, or stalking in the targeted
population; or
``(B)(i) is partnered with an entity or person that has
demonstrated expertise described in subparagraph (A); and
``(ii) has completed, or will complete, training in
connection with domestic violence, dating violence, stalking,
or sexual assault and related legal issues, including
training on evidence-based risk factors for domestic and
dating violence homicide;''; and
(B) in paragraph (2), by striking ``stalking organization''
and inserting ``stalking victim service provider''; and
(5) in subsection (f)--
(A) in paragraph (1), by striking ``this section'' and all
that follows through the period at the end and inserting
``this section $57,000,000 for each of fiscal years 2014
through 2018.''; and
(B) in paragraph (2), by adding at the end the following
new subparagraph:
``(D) Of the amount made available under this subsection in
each fiscal year, not more than 10 percent may be used for
purposes described in subsection (c)(3).''.
SEC. 104. CONSOLIDATION OF GRANTS TO SUPPORT FAMILIES IN THE
JUSTICE SYSTEM.
(a) In General.--Title III of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law
106-386; 114 Stat. 1509) is amended by striking the section
preceding section 1302 (42 U.S.C. 10420), as amended by
section 306 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162; 119
Stat. 3016), and inserting the following:
``SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION
IMPROVEMENTS.
``(a) In General.--The Attorney General may make grants to
States, units of local government, courts (including juvenile
courts), Indian tribal governments, nonprofit organizations,
legal services providers, and victim services providers to
improve the response of all aspects of the civil and criminal
justice system to families with a history of domestic
violence, dating violence, sexual assault, or stalking, or in
cases involving allegations of child sexual abuse.
``(b) Use of Funds.--A grant under this section may be used
to--
``(1) provide supervised visitation and safe visitation
exchange of children and youth by and between parents in
situations involving domestic violence, dating violence,
child sexual abuse, sexual assault, or stalking;
``(2) develop and promote State, local, and tribal
legislation, policies, and best practices for improving civil
and criminal court functions, responses, practices, and
procedures in cases involving a history of domestic violence
or sexual assault, or in cases involving allegations of child
sexual abuse, including cases in which the victim proceeds
pro se;
``(3) educate court-based and court-related personnel
(including custody evaluators and guardians ad litem) and
child protective services workers on the dynamics of domestic
violence, dating violence, sexual assault,
[[Page H759]]
and stalking, including information on perpetrator behavior,
evidence-based risk factors for domestic and dating violence
homicide, and on issues relating to the needs of victims,
including safety, security, privacy, and confidentiality,
including cases in which the victim proceeds pro se;
``(4) provide adequate resources in juvenile court matters
to respond to domestic violence, dating violence, sexual
assault (including child sexual abuse), and stalking and
ensure necessary services dealing with the physical health
and mental health of victims are available;
``(5) enable courts or court-based or court-related
programs to develop or enhance--
``(A) court infrastructure (such as specialized courts,
consolidated courts, dockets, intake centers, or interpreter
services);
``(B) community-based initiatives within the court system
(such as court watch programs, victim assistants, pro se
victim assistance programs, or community-based supplementary
services);
``(C) offender management, monitoring, and accountability
programs;
``(D) safe and confidential information-storage and
information-sharing databases within and between court
systems;
``(E) education and outreach programs to improve community
access, including enhanced access for underserved
populations; and
``(F) other projects likely to improve court responses to
domestic violence, dating violence, sexual assault, and
stalking;
``(6) collect data and provide training and technical
assistance, including developing State, local, and tribal
model codes and policies, to improve the capacity of grantees
and communities to address the civil justice needs of victims
of domestic violence, dating violence, sexual assault, and
stalking who have legal representation, who are proceeding
pro se, or who are proceeding with the assistance of a legal
advocate; and
``(7) improve training and education to assist judges,
judicial personnel, attorneys, child welfare personnel, and
legal advocates in the civil justice system regarding
domestic violence, dating violence, sexual assault, stalking,
or child abuse.
``(c) Considerations.--
``(1) In general.--In making grants for purposes described
in paragraphs (1) through (6) of subsection (b), the Attorney
General shall consider--
``(A) the number of families to be served by the proposed
programs and services;
``(B) the extent to which the proposed programs and
services serve underserved populations;
``(C) the extent to which the applicant demonstrates
cooperation and collaboration with nonprofit, nongovernmental
entities in the local community with demonstrated histories
of effective work on domestic violence, dating violence,
sexual assault, or stalking, including State or tribal
domestic violence coalitions, State or tribal sexual assault
coalitions, local shelters, and programs for domestic
violence and sexual assault victims; and
``(D) the extent to which the applicant demonstrates
coordination and collaboration with State, tribal, and local
court systems, including mechanisms for communication and
referral.
``(2) Other grants.--In making grants under subsection
(b)(8) the Attorney General shall take into account the
extent to which the grantee has expertise addressing the
judicial system's handling of family violence, child custody,
child abuse and neglect, adoption, foster care, supervised
visitation, divorce, and parentage.
``(d) Applicant Requirements.--The Attorney General may
make a grant under this section to an applicant that--
``(1) demonstrates expertise in the areas of domestic
violence, dating violence, sexual assault, stalking, or child
sexual abuse, as appropriate;
``(2) ensures that any fees charged to individuals for use
of supervised visitation programs and services are based on
the income of those individuals, unless otherwise provided by
court order;
``(3) if the applicant proposes to operate supervised
visitation programs and services or safe visitation exchange,
demonstrates that adequate security measures, including
adequate facilities, procedures, and personnel capable of
preventing violence, and adequate standards are, or will be,
in place (including the development of protocols or policies
to ensure that confidential information is not shared with
courts, law enforcement agencies, or child welfare agencies
unless necessary to ensure the safety of any child or adult
using the services of a program funded under this section);
``(4) certifies that the organizational policies of the
applicant do not require mediation or counseling involving
offenders and victims being physically present in the same
place, in cases where domestic violence, dating violence,
sexual assault, or stalking is alleged;
``(5) certifies that any person providing legal assistance
through a program funded under this section has completed or
will complete training on domestic violence, dating violence,
sexual assault, and stalking, including child sexual abuse,
and related legal issues; and
``(6) certifies that any person providing custody
evaluation or guardian ad litem services through a program
funded under this section has completed or will complete
training, developed with input from and in collaboration with
a tribal, State, territorial, or local domestic violence,
dating violence, sexual assault, or stalking victim service
provider or coalition, on the dynamics of domestic violence
and sexual assault, including child sexual abuse, that
includes training on how to review evidence of past abuse and
the use of evidenced-based theories to make recommendations
on custody and visitation.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $22,000,000 for
each of the fiscal years 2014 through 2018. Amounts
appropriated pursuant to this subsection are authorized to
remain available until expended.
``(f) Allotment for Indian Tribes.--
``(1) In general.--Not less than 10 percent of the total
amount available under this section for each fiscal year
shall be available for grants under the program authorized by
section 2015 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-10).
``(2) Applicability of part.--The requirements of this
section shall not apply to funds allocated for the program
described in paragraph (1).''.
(b) Technical and Conforming Amendment.--Subtitle J of the
Violence Against Women Act of 1994 (42 U.S.C. 14043 et seq.)
is repealed.
SEC. 105. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Subtitle B of title II of the Crime Control Act of 1990 (42
U.S.C. 13011 et seq.) is amended--
(1) in section 216 (42 U.S.C. 13012), by striking ``January
1, 2010'' and inserting ``January 1, 2016'';
(2) in section 217 (42 U.S.C. 13013)--
(A) in subsection (c)(2)(A), by striking ``Code of Ethics''
and inserting ``Standards for Programs''; and
(B) by adding at the end the following new subsection:
``(e) Reporting.--An organization that receives a grant
under this section for a fiscal year shall submit to the
Administrator a report regarding the use of the grant for the
fiscal year, including a discussion of outcome performance
measures (which shall be established by the Administrator) to
determine the effectiveness of the programs of the
organization in meeting the needs of children in the child
welfare system.''; and
(3) in section 219(a) (42 U.S.C. 13014(a)), by striking
``fiscal years 2007 through 2011'' and inserting ``fiscal
years 2014 through 2018''.
SEC. 106. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS
GRANT.
Section 120 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045) is
amended to read as follows:
``SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UNDERSERVED
POPULATIONS.
``(a) Grants Authorized.--
``(1) In general.--Of the amounts appropriated under the
grant programs identified in paragraph (2), the Attorney
General shall take 2 percent of such appropriated amounts and
combine them to award grants to eligible entities described
in subsection (b) of this section to develop and implement
outreach strategies targeted at adult or youth victims of
domestic violence, dating violence, sexual assault, or
stalking in underserved populations and to provide victim
services to meet the needs of adult and youth victims of
domestic violence, dating violence, sexual assault, and
stalking in underserved populations. The requirements of the
grant programs identified in paragraph (2) shall not apply to
this grant program.
``(2) Programs covered.--The programs identified in this
paragraph are the programs carried out under the following
provisions:
``(A) Part T of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (STOP grants).
``(B) Part U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (Grants to encourage arrest
policies).
``(b) Eligible Entities.--Eligible entities under this
section are--
``(1) population specific organizations that have
demonstrated experience and expertise in providing population
specific services in the relevant underserved communities, or
population specific organizations working in partnership with
a victim service provider or domestic violence or sexual
assault coalition;
``(2) victim service providers offering population specific
services for a specific underserved population; or
``(3) victim service providers working in partnership with
a national, State, or local organization that has
demonstrated experience and expertise in providing population
specific services in the relevant underserved population.
``(c) Planning Grants.--The Attorney General may use up to
20 percent of funds available under this section to make one-
time planning grants to eligible entities to support the
planning and development of specially designed and targeted
programs for adult and youth victims in one or more
underserved populations, including--
``(1) identifying, building, and strengthening partnerships
with potential collaborators within underserved populations,
Federal, State, tribal, territorial or local government
entities, and public and private organizations;
``(2) conducting a needs assessment of the community and
the targeted underserved
[[Page H760]]
population or populations to determine what the barriers are
to service access and what factors contribute to those
barriers, using input from the targeted underserved
population or populations;
``(3) identifying promising prevention, outreach, and
intervention strategies for victims from a targeted
underserved population or populations; and
``(4) developing a plan, with the input of the targeted
underserved population or populations, for--
``(A) implementing prevention, outreach, and intervention
strategies to address the barriers to accessing services;
``(B) promoting community engagement in the prevention of
domestic violence, dating violence, sexual assault, and
stalking within the targeted underserved populations; and
``(C) evaluating the program.
``(d) Implementation Grants.--The Attorney General shall
make grants to eligible entities for the purpose of providing
or enhancing population specific outreach and victim services
to adult and youth victims in one or more underserved
populations, including--
``(1) working with Federal, State, tribal, territorial and
local governments, agencies, and organizations to develop or
enhance population specific victim services;
``(2) strengthening the capacity of underserved populations
to provide population specific services;
``(3) strengthening the capacity of traditional victim
service providers to provide population specific services;
``(4) strengthening the effectiveness of criminal and civil
justice interventions by providing training for law
enforcement, prosecutors, judges and other court personnel on
domestic violence, dating violence, sexual assault, or
stalking in underserved populations; or
``(5) working in cooperation with an underserved population
to develop and implement outreach, education, prevention, and
intervention strategies that highlight available resources
and the specific issues faced by victims of domestic
violence, dating violence, sexual assault, or stalking from
underserved populations.
``(e) Application.--An eligible entity desiring a grant
under this section shall submit an application to the
Director of the Office on Violence Against Women at such
time, in such form, and in such manner as the Director may
prescribe.
``(f) Reports.--Each eligible entity receiving a grant
under this section shall annually submit to the Director of
the Office on Violence Against Women a report that describes
the activities carried out with grant funds during the
preceding fiscal year.
``(g) Definitions and Grant Conditions.--In this section
the definitions and grant conditions in section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925) shall
apply.
``(h) Authorization of Appropriations.--In addition to the
funds identified in subsection (a)(1), there are authorized
to be appropriated to carry out this section $2,000,000 for
each of the fiscal years 2014 through 2018.''.
SEC. 107. CULTURALLY SPECIFIC SERVICES GRANT.
Section 121 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045a) is
amended--
(1) in the section heading, by striking ``AND
LINGUISTICALLY'';
(2) by striking ``and linguistically'' each place it
appears;
(3) by striking ``and linguistic'' each place it appears;
(4) by amending paragraph (2) of subsection (a) to read as
follows:
``(2) Programs covered.--The programs identified in this
paragraph are the programs carried out under the following
provisions:
``(A) Part U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh) (Grants to
encourage arrest policies).
``(B) Section 1201 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (42 U.S.C.
3796gg-6) (Legal assistance for victims).
``(C) Section 40295 of the Violence Against Women Act of
1994 (42 U.S.C. 13971) (Rural domestic violence, dating
violence, sexual assault, stalking, and child abuse
enforcement assistance).
``(D) Section 40802 of the Violence Against Women Act of
1994 (42 U.S.C. 14041a) (Enhanced training and services to
end violence against women later in life).
``(E) Section 1402 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (42 U.S.C.
3796gg-7) (Education, training, and enhanced services to end
violence against and abuse of women with disabilities).'';
and
(5) in subsection (g), by striking ``linguistic and''.
SEC. 108. REDUCTION IN RAPE KIT BACKLOG.
Section 2(c)(3) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135(c)(3)), is amended--
(1) in subparagraph (B), by striking ``2014'' and inserting
``2013''; and
(2) by adding at the end the following new subparagraph:
``(C) For fiscal year 2014, not less than 75 percent of the
grant amounts shall be awarded for purposes under subsection
(a)(2) and (a)(3).''.
SEC. 109. ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT TRAINING
PROGRAMS.
Section 40152(c) of the Violence Against Women Act of 1994
(42 U.S.C. 13941(c)) is amended by striking ``to carry out
this section'' and all that follows through the period at the
end and inserting ``to carry out this section $5,000,000 for
each of fiscal years 2014 through 2018.''.
SEC. 110. CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL
PERSONNEL AND PRACTITIONERS.
Section 224(a) of the Victims of Child Abuse Act of 1990
(42 U.S.C. 13024(a)) is amended by striking ``$2,300,000''
and all that follows through the period at the end and
inserting ``$2,300,000 for each of fiscal years 2014 through
2018.''.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
(a) Grants to States and Territories.--Section 41601(b) of
the Violence Against Women Act of 1994 (42 U.S.C. 14043g(b))
is amended--
(1) in paragraph (1), by striking ``other programs'' and
all that follows through the period at the end and inserting
``other nongovernmental or tribal programs and projects to
assist individuals who have been victimized by sexual
assault, without regard to the age of the individual.'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``nonprofit,
nongovernmental organizations for programs and activities''
and inserting ``nongovernmental or tribal programs and
activities''; and
(B) in subparagraph (C)(v), by striking ``linguistically
and''; and
(3) in paragraph (4)--
(A) in the first sentence--
(i) by inserting ``and territory'' after ``each State'';
(ii) by striking ``1.50 percent'' and inserting ``0.75
percent''; and
(iii) by striking ``, except that'' and all that follows
through ``of the total appropriations''; and
(B) in the last sentence, by striking ``the preceding
formula'' and inserting ``this paragraph''.
(b) Authorization of Appropriations.--Section 41601(f)(1)
of the Violence Against Women Act of 1994 (42 U.S.C.
14043g(f)(1)) is amended by striking ``$50,000,000 to remain
available until expended for each of the fiscal years 2007
through 2011'' and inserting ``$40,000,000 to remain
available until expended for each of fiscal years 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), by striking ``and other long- and
short-term assistance'' and inserting ``legal assistance, and
other long-term and short-term victim services and population
specific services'';
(C) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(4) developing, expanding, 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; and
``(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--
``(A) addressing the challenges posed by the lack of access
to shelters and victims services, and limited law enforcement
resources and training; and
``(B) 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
[[Page H761]]
(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. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE
AGAINST WOMEN IN LATER LIFE.
Section 40802 of the Violence Against Women Act of 1994 (42
U.S.C. 14041a) is amended to read as follows:
``SEC. 40802. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE
AGAINST WOMEN IN LATER LIFE.
``(a) Definitions.--In this section:
``(1) The term `eligible entity' means an entity that--
``(A) is--
``(i) a State;
``(ii) a unit of local government;
``(iii) a tribal government or tribal organization;
``(iv) a population specific organization with demonstrated
experience in assisting individuals in later life;
``(v) a victim service provider; or
``(vi) a State, tribal, or territorial domestic violence or
sexual assault coalition; and
``(B) is partnered with--
``(i) a law enforcement agency;
``(ii) an office of a prosecutor;
``(iii) a victim service provider; or
``(iv) a nonprofit program or government agency with
demonstrated experience in assisting individuals in later
life.
``(2) The term `elder abuse' means domestic violence,
dating violence, sexual assault, or stalking committed
against individuals in later life.
``(3) The term `individual in later life' means an
individual who is 60 years of age or older.
``(b) Grant Program.--
``(1) Grants authorized.--The Attorney General may make
grants to eligible entities to carry out the activities
described in paragraph (2). In awarding such grants, the
Attorney General shall consult with the Secretary of Health
and Human Services to ensure that the activities funded under
this section are not duplicative with the activities funded
under the elder abuse prevention programs of the Department
of Health and Human Services.
``(2) Mandatory and permissible activities.--
``(A) Mandatory activities.--An eligible entity receiving a
grant under this section shall use the funds received under
the grant to--
``(i) provide training programs to assist law enforcement
agencies, prosecutors, agencies of States or units of local
government, population specific organizations, victim service
providers, victim advocates, and relevant officers in
Federal, tribal, State, territorial, and local courts in
recognizing and addressing instances of elder abuse;
``(ii) provide or enhance services for victims of elder
abuse;
``(iii) establish or support multidisciplinary
collaborative community responses to victims of elder abuse;
and
``(iv) conduct cross-training for law enforcement agencies,
prosecutors, agencies of States or units of local government,
attorneys, health care providers, population specific
organizations, faith-based advocates, victim service
providers, and courts to better serve victims of elder abuse.
``(B) Permissible activities.--An eligible entity receiving
a grant under this section may use not more than 10 percent
of the funds received under the grant to--
``(i) provide training programs to assist attorneys, health
care providers, faith-based leaders, or other community-based
organizations in recognizing and addressing instances of
elder abuse; or
``(ii) conduct outreach activities and awareness campaigns
to ensure that victims of elder abuse receive appropriate
assistance.
``(3) Underserved populations.--In making grants under this
section, the Attorney General shall give priority to
proposals providing culturally specific or population
specific services.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $9,000,000 for
each of fiscal years 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'';
(2) in subsection (c)(1), by striking ``$80,000,000 for
each of fiscal years 2007 through 2011'' and inserting
``$50,000,000 for each of fiscal years 2014 through 2018'';
and
(3) in subsection (c), by adding at the end the following
new paragraph:
``(3) Funding formula.--Amounts provided under this section
shall be allotted to each State, territory, and the District
of Columbia based on population. If the amounts appropriated
under paragraph (1) exceed $48,000,000 in any fiscal year, a
minimum allocation of $150,000 shall be awarded to each State
and territory and the District of Columbia. Any remaining
funds shall be allotted to each State and territory and the
District of Columbia based on population.''.
SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES,
AND EDUCATION FOR CHILDREN AND YOUTH.
Subtitle L of the Violence Against Women Act of 1994 (42
U.S.C. 14043c et seq.) is amended by striking sections 41201
through 41204 and inserting the following:
``SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS,
SERVICES, AND EDUCATION FOR CHILDREN AND YOUTH
(CHOOSE CHILDREN AND YOUTH).
``(a) Grants Authorized.--The Attorney General, working in
collaboration with the Secretary of Health and Human Services
and the Secretary of Education, shall award grants to enhance
the safety of youth and children who are victims of, or
exposed to, domestic violence, dating violence, sexual
assault, or stalking and to prevent future violence.
``(b) Program Purposes.--Funds provided under this section
may be used for the following program purpose areas:
``(1) Services to advocate for and respond to youth.--To
develop, expand, and strengthen victim interventions and
services that target youth who are victims of domestic
violence, dating violence, sexual assault, and stalking.
Services may include victim services, counseling, advocacy,
mentoring, educational support, transportation, legal
assistance in civil, criminal and administrative matters,
such as family law cases, housing cases, child welfare
proceedings, campus administrative proceedings, and civil
protection order proceedings, services to address sex
trafficking, population specific services, and other
activities that support youth in finding safety, stability,
and justice and in addressing the emotional, cognitive, and
physical effects of trauma on youth. Funds may be used to--
``(A) assess and analyze available services for youth
victims of domestic violence, dating violence, sexual
assault, and stalking, determining relevant barriers to such
services in a particular locality, and developing a community
protocol to address such problems collaboratively;
``(B) develop and implement policies, practices, and
procedures to effectively respond to domestic violence,
dating violence, sexual assault, or stalking against youth;
or
``(C) provide technical assistance and training to enhance
the ability of school personnel, victim service providers,
child protective service workers, staff of law enforcement
agencies, prosecutors, court personnel, individuals who work
in after school programs, medical personnel, social workers,
mental health personnel, and workers in other programs that
serve children and youth to improve their ability to
appropriately respond to the needs of children and youth who
are victims of domestic violence, dating violence, sexual
assault, and stalking, as well as homeless youth, and to
properly refer such children, youth, and their families to
appropriate services.
``(2) Supporting youth through education and protection.--
To enable secondary or elementary schools that serve students
in any of grades five through twelve and institutions of
higher education to--
``(A) provide training to school personnel, including
health care providers and security personnel, on the needs of
students who are victims of domestic violence, dating
violence, sexual assault, or stalking;
``(B) develop and implement age-appropriate prevention and
intervention policies in accordance with State law in
secondary or elementary schools that serve students in any of
grades five through twelve, including appropriate responses
to, and identification and referral procedures for, students
who are experiencing or perpetrating domestic violence,
dating violence, sexual assault, or stalking, and procedures
for handling the requirements of court protective orders
issued to or against students;
``(C) provide support services for student victims of
domestic violence, dating violence, sexual assault, or
stalking, such as a resource person who is either on-site or
on-call;
``(D) provide evidence-based educational programs for
students regarding domestic violence, dating violence, sexual
assault, and stalking; or
``(E) develop strategies to increase identification,
support, referrals, and prevention programs for youth who are
at high risk of domestic violence, dating violence, sexual
assault, or stalking.
``(c) Eligible Applicants.--
``(1) In general.--To be eligible to receive a grant under
this section, an entity shall be--
``(A) a victim service provider, tribal nonprofit
organization, population specific organization, or community-
based organization with a demonstrated history of effective
work addressing the needs of youth, including runaway or
homeless youth, who are victims of domestic violence, dating
violence, sexual assault, or stalking; or
``(B) a victim service provider that is partnered with an
entity that has a demonstrated history of effective work
addressing the needs of youth.
``(2) Partnerships.--
``(A) Education.--To be eligible to receive a grant for the
purposes described in subsection (b)(2), an entity described
in paragraph (1) shall be partnered with an elementary school
or secondary school (as such terms are defined in section
9101 of the Elementary and Secondary Education Act of 1965),
charter school (as defined in section 5210 of such Act), a
school that is operated or
[[Page H762]]
supported by the Bureau of Indian Education, or a legally
operating private school, a school administered by the
Department of Defense under section 2164 of title 10, United
States Code, or section 1402 of the Defense Dependents'
Education Act of 1978, a group of such schools, a local
educational agency (as defined in section 9101(26) of the
Elementary and Secondary Education Act of 1965), or an
institution of higher education (as defined in section 101(a)
of the Higher Education Act of 1965).
``(B) Other partnerships.--All applicants under this
section are encouraged to work in partnership with
organizations and agencies that work with the relevant youth
population. Such entities may include--
``(i) a State, tribe, unit of local government, or
territory;
``(ii) a population specific or community-based
organization;
``(iii) batterer intervention programs or sex offender
treatment programs with specialized knowledge and experience
working with youth offenders; or
``(iv) any other agencies or nonprofit, nongovernmental
organizations with the capacity to provide effective
assistance to the adult, youth, and child victims served by
the partnership.
``(d) Grantee Requirements.--Applicants for grants under
this section shall establish and implement policies,
practices, and procedures that--
``(1) require and include appropriate referral systems for
child and youth victims;
``(2) protect the confidentiality and privacy of child and
youth victim information, particularly in the context of
parental or third-party involvement and consent, mandatory
reporting duties, and working with other service providers
with priority on victim safety and autonomy;
``(3) ensure that all individuals providing intervention or
prevention programs to children or youth through a program
funded under this section have completed, or will complete,
sufficient training in connection with domestic violence,
dating violence, sexual assault, and stalking; and
``(4) ensure that parents are informed of the programs
funded under this program that are being offered at their
child's school.
``(e) Requirement for Evidence-based Programs.--Any
educational programming, training, or public awareness
communications regarding domestic violence, dating violence,
sexual assault, or stalking that are funded under this
section shall be evidence-based.
``(f) Priority.--The Attorney General shall prioritize
grant applications under this section that coordinate with
prevention programs in the community.
``(g) Definitions and Grant Conditions.--In this section,
the definitions and grant conditions provided for in section
40002 shall apply.
``(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $15,000,000 for
each of the fiscal years 2014 through 2018.
``(i) Allotment.--
``(1) In general.--Not less than 50 percent of the total
amount appropriated under this section for each fiscal year
shall be used for the purposes described in subsection
(b)(1).
``(2) Indian tribes.--Not less than 10 percent of the total
amount appropriated under this section for each fiscal year
shall be made available for grants under the program
authorized by section 2015 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-10).''.
SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
Section 304 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045b) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``and'' after ``stalking on campuses,'';
(ii) by striking ``crimes against women on'' and inserting
``crimes on''; and
(iii) by inserting ``, and to develop and strengthen
prevention education and awareness programs'' before the
period; and
(B) in paragraph (2), by striking ``$500,000'' and
inserting ``$300,000'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by inserting ``, strengthen,'' after ``To develop'';
and
(ii) by striking ``assault and stalking,'' and inserting
``assault, and stalking, including the use of technology to
commit these crimes,'';
(B) in paragraph (4)--
(i) by inserting ``and population specific services'' after
``strengthen victim services programs'';
(ii) by striking ``entities carrying out'' and all that
follows through ``stalking victim services programs'' and
inserting ``victim service providers''; and
(iii) by inserting ``, regardless of whether the services
provided by such program are provided by the institution or
in coordination with community victim service providers''
before the period at the end; and
(C) by adding at the end the following:
``(9) To provide evidence-based educational programming for
students regarding domestic violence, dating violence, sexual
assault, and stalking.
``(10) To develop or adapt population specific strategies
and projects for victims of domestic violence, dating
violence, sexual assault, and stalking from underserved
populations on campus.'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``any non-profit'' and
all that follows through the first occurrence of ``victim
services programs'' and inserting ``victim service
providers'';
(ii) by redesignating subparagraphs (D) through (F) as
subparagraphs (E) through (G), respectively; and
(iii) by inserting after subparagraph (C), the following:
``(D) describe how underserved populations in the campus
community will be adequately served, including the provision
of relevant population specific services;''; and
(B) in paragraph (3), by striking ``2007 through 2011'' and
inserting ``2014 through 2018'';
(4) in subsection (d)--
(A) by striking paragraph (3); and
(B) by inserting after paragraph (2), the following:
``(3) Grantee minimum requirements.--Each grantee shall
comply with the following minimum requirements during the
grant period:
``(A) The grantee shall create a coordinated community
response including both organizations external to the
institution and relevant divisions of the institution.
``(B) The grantee shall establish a mandatory prevention
and education program on domestic violence, dating violence,
sexual assault, and stalking for all incoming students.
``(C) The grantee shall train all campus law enforcement to
respond effectively to domestic violence, dating violence,
sexual assault, and stalking.
``(D) The grantee shall train all members of campus
disciplinary boards to respond effectively to situations
involving domestic violence, dating violence, sexual assault,
or stalking.''; and
(5) in subsection (e), by striking ``$12,000,000'' and all
that follows through the period and inserting ``$12,000,000
for each of the fiscal years 2014 through 2018.''.
SECTION 304. CAMPUS SAFETY.
(a) Campus Safety Guidance and Technical Assistance for
Institutions of Higher Education.--Beginning in academic year
2013-2014, the Secretary of Education shall provide to
institutions of higher education annual guidance and
technical assistance relating to compliance with the
requirements for campus safety, including requirements under
section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) for reporting crime statistics and prevention
programs for domestic violence, dating violence, sexual
assault, and stalking.
(b) Campus Safety Study, Report, and Action.--
(1) Study.--The Comptroller General of the United States
shall conduct a study to examine--
(A) the incidents of domestic violence, dating violence,
sexual assault, and stalking that were reported to campus
security or local police by students and employees of
institutions of higher education during academic years 2010-
2011, 2011-2012, and 2012-2013;
(B) the response by campus security or local police to the
incidents described in subparagraph (A);
(C) the extent to which such incidents occur more or less
frequently on campuses of institutions of higher education
than in the communities surrounding such campuses;
(D) the procedures institutions of higher education have in
place to respond to reports of incidents of domestic
violence, dating violence, sexual assault, and stalking,
including procedures to follow up with the students involved
and disciplinary and privacy policies for students and
employees;
(E) the policies institutions of higher education have in
place to prevent domestic violence, dating violence, sexual
assault, and stalking, including programs, classes, and
employee training;
(F) the challenges faced by institutions of higher
education with respect to reports of and collection of data
on incidents of domestic violence, dating violence, sexual
assault, and stalking on campus;
(G) the possible disciplinary actions institutions of
higher education face under Federal law for the occurrence
of, or for failure to properly respond to, incidents of
domestic violence, dating violence, sexual assault, and
stalking; and
(H) the coordination of programs and policies by
institutions of higher education with respect to the campus
safety requirements of the Department of Education, the
Department of Justice, the Department of Health and Human
Services, and States.
(2) Report.--Not later than one year after the date of
enactment of this section, the Comptroller General of the
United States shall report the results of the study required
under paragraph (1), including any recommendations for
changes to Federal laws and policies related to campus
safety, to Congress, the Secretary of Education, the Attorney
General, and the Secretary of Health and Human Services.
(3) Agency response and report.--Not later than 180 days
after receipt of the report required under paragraph (2)--
(A) the Secretary of Education, the Attorney General, and
the Secretary of Health and Human Services shall, to the
extent authorized, revise policies and regulations related to
campus safety in accordance with the recommendations reported
under paragraph (2); and
(B) the Secretary of Education, in consultation with the
Attorney General and the
[[Page H763]]
Secretary of Health and Human Services, shall report to
Congress, any recommendations for changes to Federal law
related to campus safety, including changes to section 485(f)
of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) and
other appropriate laws.
(c) Definitions.--For the purposes of this section:
(1) Academic year.--The term ``academic year'' has the
meaning given such term in section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given
such term in section 102(a)(1) of the Higher Education Act of
1965 (20 U.S.C. 1002(a)(1)), except that such term does not
include institutions described in subparagraph (C) of such
section.
(3) Domestic violence, dating violence, sexual assault, and
stalking.--The terms ``domestic violence'', ``dating
violence'', ``sexual assault'', and ``stalking'' have the
meanings given such terms in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 4 13925(a)).
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) evidence-based age education on domestic violence,
dating violence, sexual assault, stalking, and sexual
coercion, as well as healthy relationship skills, in school,
in the community, or in health care settings;
``(B) community-based collaboration and training for those
with influence on youth, such as parents, teachers, coaches,
health care providers, faith-leaders, older teens, and
mentors;
``(C) education and outreach to change environmental
factors contributing to domestic violence, dating violence,
sexual assault, and stalking; and
``(D) policy development targeted to prevention, including
school-based policies and protocols.
``(2) Children exposed to violence and abuse.--To develop,
maintain or enhance programs designed to prevent future
incidents of domestic violence, dating violence, sexual
assault, and stalking by preventing, reducing and responding
to children's exposure to violence in the home. Such programs
may include--
``(A) providing services for children exposed to domestic
violence, dating violence, sexual assault or stalking,
including direct counseling or advocacy, and support for the
non-abusing parent; and
``(B) training and coordination for educational, after-
school, and childcare programs on how to safely and
confidentially identify children and families experiencing
domestic violence, dating violence, sexual assault, or
stalking and properly refer children exposed and their
families to services and violence prevention programs.
``(3) Engaging men as leaders and role models.--To develop,
maintain or enhance programs that work with men to prevent
domestic violence, dating violence, sexual assault, and
stalking by helping men to serve as role models and social
influencers of other men and youth at the individual, school,
community or statewide levels.
``(c) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be--
``(1) a victim service provider, community-based
organization, tribe or tribal organization, or other
nonprofit, nongovernmental organization that has a history of
effective work preventing domestic violence, dating violence,
sexual assault, or stalking and expertise in the specific
area for which they are applying for funds; or
``(2) a partnership between a victim service provider,
community-based organization, tribe or tribal organization,
or other nonprofit, nongovernmental organization that has a
history of effective work preventing domestic violence,
dating violence, sexual assault, or stalking and at least one
of the following that has expertise in serving children
exposed to domestic violence, dating violence, sexual
assault, or stalking, youth domestic violence, dating
violence, sexual assault, or stalking prevention, or engaging
men to prevent domestic violence, dating violence, sexual
assault, or stalking:
``(A) A public, charter, tribal, or nationally accredited
private middle or high school, a school administered by the
Department of Defense under section 2164 of title 10, United
States Code or section 1402 of the Defense Dependents'
Education Act of 1978, a group of schools, or a school
district.
``(B) A local community-based organization, population-
specific organization, or faith-based organization that has
established expertise in providing services to youth.
``(C) A community-based organization, population-specific
organization, university or health care clinic, faith-based
organization, or other nonprofit, nongovernmental
organization.
``(D) A nonprofit, nongovernmental entity providing
services for runaway or homeless youth affected by domestic
violence, dating violence, sexual assault, or stalking.
``(E) Health care entities eligible for reimbursement under
title XVIII of the Social Security Act, including providers
that target the special needs of children and youth.
``(F) Any other agencies, population-specific
organizations, or nonprofit, nongovernmental organizations
with the capacity to provide necessary expertise to meet the
goals of the program.
``(d) Grantee Requirements.--
``(1) In general.--Applicants for grants under this section
shall prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require that demonstrates the capacity of
the applicant and partnering organizations to undertake the
project.
``(2) Policies and procedures.--Applicants under this
section shall establish and implement policies, practices,
and procedures that are consistent with the best practices
developed under section 402 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
280b-4) and--
``(A) include appropriate referral systems to direct any
victim identified during program activities to highly
qualified follow-up care;
``(B) protect the confidentiality and privacy of adult and
youth victim information, particularly in the context of
parental or third-party involvement and consent, mandatory
reporting duties, and working with other service providers;
``(C) ensure that all individuals providing prevention
programming through a program funded under this section have
completed or will complete sufficient training in connection
with domestic violence, dating violence, sexual assault or
stalking; and
``(D) document how prevention programs are coordinated with
service programs in the community.
``(3) Preference.--In selecting grant recipients under this
section, the Attorney General shall give preference to
applicants that--
``(A) include outcome-based evaluation; and
``(B) identify any other community, school, or State-based
efforts that are working on domestic violence, dating
violence, sexual assault, or stalking prevention and explain
how the grantee or partnership will add value, coordinate
with other programs, and not duplicate existing efforts.
``(e) Definitions and Grant Conditions.--In this section,
the definitions and grant conditions provided for in section
40002 shall apply.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $15,000,000 for
each of fiscal years 2014 through 2018.
``(g) Allotment.--
``(1) In general.--Not less than 25 percent of the total
amounts appropriated under this section in each fiscal year
shall be used for each set of purposes described in
paragraphs (1), (2), and (3) of subsection (b).
``(2) Indian tribes.--Not less than 10 percent of the total
amounts appropriated under this section in each fiscal year
shall be made available for grants to Indian tribes or tribal
organizations.''.
(b) Repeals.--The following provisions are repealed:
(1) Sections 41304 and 41305 of the Violence Against Women
Act of 1994 (42 U.S.C. 14043d-3 and 14043d-4).
(2) Section 403 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
14045c).
TITLE V--STRENGTHENING THE HEALTH CARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN THE HEALTH
CARE SYSTEM'S RESPONSE TO DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
(a) Grants.--Section 399P of the Public Health Service Act
(42 U.S.C. 280g-4) is amended to read as follows:
[[Page H764]]
``SEC. 399P. GRANTS TO STRENGTHEN THE HEALTH CARE SYSTEM'S
RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING.
``(a) In General.--The Secretary shall award grants for--
``(1) the development or enhancement and implementation of
interdisciplinary training for health professionals, public
health staff, and allied health professionals;
``(2) the development or enhancement and implementation of
education programs for medical, nursing, dental, and other
health profession students and residents to prevent and
respond to domestic violence, dating violence, sexual
assault, and stalking; and
``(3) the development or enhancement and implementation of
comprehensive statewide strategies to improve the response of
clinics, public health facilities, hospitals, and other
health settings (including behavioral and mental health
programs) to domestic violence, dating violence, sexual
assault, and stalking.
``(b) Use of Funds.--
``(1) Required uses.--Amounts provided under a grant under
this section shall be used to--
``(A) fund interdisciplinary training and education
programs under paragraphs (1) and (2) of subsection (a)
that--
``(i) are designed to train medical, psychology, dental,
social work, nursing, and other health profession students,
interns, residents, fellows, or current health care providers
to identify and provide health care services (including
mental or behavioral health care services and referrals to
appropriate community services) to individuals who are or who
have been victims of domestic violence, dating violence,
sexual assault, or stalking; and
``(ii) plan and develop clinical training components for
integration into approved internship, residency, and
fellowship training or continuing medical or other health
education training that address physical, mental, and
behavioral health issues, including protective factors,
related to domestic violence, dating violence, sexual
assault, stalking, and other forms of violence and abuse,
focus on reducing health disparities and preventing violence
and abuse, and include the primacy of victim safety and
confidentiality; and
``(B) design and implement comprehensive strategies to
improve the response of the health care system to domestic or
sexual violence in clinical and public health settings,
hospitals, clinics, and other health settings (including
behavioral and mental health), under subsection (a)(3)
through--
``(i) the implementation, dissemination, and evaluation of
policies and procedures to guide health professionals and
public health staff in identifying and responding to domestic
violence, dating violence, sexual assault, and stalking,
including strategies to ensure that health information is
maintained in a manner that protects the patient's privacy
and safety, and safely uses health information technology to
improve documentation, identification, assessment, treatment,
and follow-up care;
``(ii) the development of on-site access to services to
address the safety, medical, and mental health needs of
patients by increasing the capacity of existing health care
professionals and public health staff to address domestic
violence, dating violence, sexual assault, and stalking, or
by contracting with or hiring domestic or sexual assault
advocates to provide such services or to model other services
appropriate to the geographic and cultural needs of a site;
``(iii) the development of measures and methods for the
evaluation of the practice of identification, intervention,
and documentation regarding victims of domestic violence,
dating violence, sexual assault, and stalking, including the
development and testing of quality improvement measurements;
and
``(iv) the provision of training and followup technical
assistance to health care professionals, and public health
staff, and allied health professionals to identify, assess,
treat, and refer clients who are victims of domestic
violence, dating violence, sexual assault, or stalking,
including using tools and training materials already
developed.
``(2) Permissible uses.--
``(A) Child and elder abuse.--To the extent consistent with
the purpose of this section, a grantee may use amounts
received under this section to address, as part of a
comprehensive programmatic approach implemented under the
grant, issues relating to child or elder abuse.
``(B) Rural areas.--Grants funded under paragraphs (1) and
(2) of subsection (a) may be used to offer to rural areas
community-based training opportunities (which may include the
use of distance learning networks and other available
technologies needed to reach isolated rural areas) for
medical, nursing, and other health profession students and
residents on domestic violence, dating violence, sexual
assault, stalking, and, as appropriate, other forms of
violence and abuse.
``(C) Other uses.--Grants funded under subsection (a)(3)
may be used for--
``(i) the development of training modules and policies that
address the overlap of child abuse, domestic violence, dating
violence, sexual assault, and stalking and elder abuse, as
well as childhood exposure to domestic and sexual violence;
``(ii) the development, expansion, and implementation of
sexual assault forensic medical examination or sexual assault
nurse examiner programs;
``(iii) the inclusion of the health effects of lifetime
exposure to violence and abuse as well as related protective
factors and behavioral risk factors in health professional
training schools, including medical, dental, nursing, social
work, and mental and behavioral health curricula, and allied
health service training courses; or
``(iv) the integration of knowledge of domestic violence,
dating violence, sexual assault, and stalking into health
care accreditation and professional licensing examinations,
such as medical, dental, social work, and nursing boards, and
where appropriate, other allied health exams.
``(c) Requirements for Grantees.--
``(1) Confidentiality and safety.--
``(A) In general.--Grantees under this section shall ensure
that all programs developed with grant funds address issues
of confidentiality and patient safety and comply with
applicable confidentiality and nondisclosure requirements
under section 40002(b)(2) of the Violence Against Women Act
of 1994 and the Family Violence Prevention and Services Act,
and that faculty and staff associated with delivering
educational components are fully trained in procedures that
will protect the immediate and ongoing security and
confidentiality of the patients, patient records, and staff.
Such grantees shall consult entities with demonstrated
expertise in the confidentiality and safety needs of victims
of domestic violence, dating violence, sexual assault, and
stalking on the development and adequacy of confidentially
and security procedures, and provide documentation of such
consultation.
``(B) Advance notice of information disclosure.--Grantees
under this section shall provide to patients advance notice
about any circumstances under which information may be
disclosed, such as mandatory reporting laws, and shall give
patients the option to receive information and referrals
without affirmatively disclosing abuse.
``(2) Limitation on administrative expenses.--A grantee
shall use not more than 10 percent of the amounts received
under a grant under this section for administrative expenses.
``(3) Preference.--In selecting grant recipients under this
section, the Secretary shall give preference to applicants
based on the strength of their evaluation strategies, with
priority given to outcome-based evaluations.
``(4) Application.--
``(A) Subsection (a)(1) and (2) grantees.--An entity
desiring a grant under paragraph (1) or (2) of subsection (a)
shall submit an application to the Secretary at such time, in
such manner, and containing such information and assurances
as the Secretary may require, including--
``(i) documentation that the applicant represents a team of
entities working collaboratively to strengthen the response
of the health care system to domestic violence, dating
violence, sexual assault, or stalking, and which includes at
least one of each of--
``(I) an accredited school of allopathic or osteopathic
medicine, psychology, nursing, dentistry, social work, or
other health field;
``(II) a health care facility or system; or
``(III) a government or nonprofit entity with a history of
effective work in the fields of domestic violence, dating
violence, sexual assault, or stalking; and
``(ii) strategies for the dissemination and sharing of
curricula and other educational materials developed under the
grant, if any, with other interested health professions
schools and national resource repositories for materials on
domestic violence, dating violence, sexual assault, and
stalking.
``(B) Subsection (a)(3) grantees.--An entity desiring a
grant under subsection (a)(3) shall submit an application to
the Secretary at such time, in such manner, and containing
such information and assurances as the Secretary may require,
including--
``(i) documentation that all training, education,
screening, assessment, services, treatment, and any other
approach to patient care will be informed by an understanding
of violence and abuse victimization and trauma-specific
approaches that will be integrated into prevention,
intervention, and treatment activities;
``(ii) strategies for the development and implementation of
policies to prevent and address domestic violence, dating
violence, sexual assault, and stalking over the lifespan in
health care settings;
``(iii) a plan for consulting with State and tribal
domestic violence or sexual assault coalitions, national
nonprofit victim advocacy organizations, State or tribal law
enforcement task forces (where appropriate), and population-
specific organizations with demonstrated expertise in
addressing domestic violence, dating violence, sexual
assault, or stalking;
``(iv) with respect to an application for a grant under
which the grantee will have contact with patients, a plan,
developed in collaboration with local victim service
providers, to respond appropriately to and make correct
referrals for individuals who disclose that they are victims
of domestic violence, dating violence, sexual assault,
stalking, or other types of violence, and documentation
provided by the grantee of an ongoing collaborative
relationship with a local victim service provider; and
``(v) with respect to an application for a grant proposing
to fund a program described in subsection (b)(2)(C)(ii), a
certification that any sexual assault forensic medical
examination and sexual assault nurse examiner programs
supported with such grant funds will
[[Page H765]]
adhere to the guidelines set forth by the Attorney General.
``(d) Eligible Entities.--
``(1) In general.--To be eligible to receive funding under
paragraph (1) or (2) of subsection (a), an entity shall be--
``(A) a nonprofit organization with a history of effective
work in the field of training health professionals with an
understanding of, and clinical skills pertinent to, domestic
violence, dating violence, sexual assault, or stalking, and
lifetime exposure to violence and abuse;
``(B) an accredited school of allopathic or osteopathic
medicine, psychology, nursing, dentistry, social work, or
allied health;
``(C) a health care provider membership or professional
organization, or a health care system; or
``(D) a State, tribal, territorial, or local entity.
``(2) Subsection (a)(3) grantees.--To be eligible to
receive funding under subsection (a)(3), an entity shall be--
``(A) a State department (or other division) of health, a
State, tribal, or territorial domestic violence or sexual
assault coalition or victim service provider, or any other
nonprofit, nongovernmental organization with a history of
effective work in the fields of domestic violence, dating
violence, sexual assault, or stalking, and health care,
including physical or mental health care; or
``(B) a local victim service provider, a local department
(or other division) of health, a local health clinic,
hospital, or health system, or any other community-based
organization with a history of effective work in the field of
domestic violence, dating violence, sexual assault, or
stalking and health care, including physical or mental health
care.
``(e) Technical Assistance.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may make
grants or enter into contracts to provide technical
assistance with respect to the planning, development, and
operation of any program, activity or service carried out
pursuant to this section. Not more than 8 percent of the
funds appropriated under this section in each fiscal year may
be used to fund technical assistance under this subsection.
``(2) Availability of materials.--The Secretary shall make
publicly available materials developed by grantees under this
section, including materials on training, best practices, and
research and evaluation.
``(3) Reporting.--The Secretary shall publish a biennial
report on--
``(A) the distribution of funds under this section; and
``(B) the programs and activities supported by such funds.
``(f) Research and Evaluation.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may use not
more than 20 percent to make a grant or enter into a contract
for research and evaluation of--
``(A) grants awarded under this section; and
``(B) other training for health professionals and effective
interventions in the health care setting that prevent
domestic violence, dating violence, and sexual assault across
the lifespan, prevent the health effects of such violence,
and improve the safety and health of individuals who are
currently being victimized.
``(2) Research.--Research authorized in paragraph (1) may
include--
``(A) research on the effects of domestic violence, dating
violence, sexual assault, and childhood exposure to domestic
violence, dating violence, or sexual assault on health
behaviors, health conditions, and health status of
individuals, families, and populations, including underserved
populations;
``(B) research to determine effective health care
interventions to respond to and prevent domestic violence,
dating violence, sexual assault, and stalking;
``(C) research on the impact of domestic, dating, and
sexual violence, childhood exposure to such violence, and
stalking on the health care system, health care utilization,
health care costs, and health status; and
``(D) research on the impact of adverse childhood
experiences on adult experience with domestic violence,
dating violence, sexual assault, stalking, and adult health
outcomes, including how to reduce or prevent the impact of
adverse childhood experiences through the health care
setting.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2014 through 2018.
``(h) Definitions.--Except as otherwise provided in this
section, the definitions in section 40002 of the Violence
Against Women Act of 1994 apply to this section.''.
(b) Repeals.--The following provisions are repealed:
(1) Chapter 11 of subtitle B of the Violence Against Women
Act of 1994 (relating to research on effective interventions
to address violence; 42 U.S.C. 13973; as added by section 505
of Public Law 109-162 (119 Stat. 3028)).
(2) Section 758 of the Public Health Service Act (42 U.S.C.
294h).
TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING
SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
(a) Amendment.--Subtitle N of the Violence Against Women
Act of 1994 (42 U.S.C. 14043e et seq.) is amended--
(1) by inserting after the subtitle heading the following:
``CHAPTER 1--GRANT PROGRAMS'';
(2) in section 41402 (42 U.S.C. 14043e-1), in the matter
preceding paragraph (1), by striking ``subtitle'' and
inserting ``chapter'';
(3) in section 41403 (42 U.S.C. 14043e-2), in the matter
preceding paragraph (1), by striking ``subtitle'' and
inserting ``chapter''; and
(4) by adding at the end the following:
``CHAPTER 2--HOUSING RIGHTS
``SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
``(a) Definitions.--In this chapter:
``(1) Affiliated individual.--The term `affiliated
individual' means, with respect to an individual--
``(A) a spouse, parent, brother, sister, or child of that
individual, or an individual to whom that individual stands
in loco parentis; or
``(B) any individual, tenant, or lawful occupant living in
the household of that individual.
``(2) Appropriate agency.--The term `appropriate agency'
means, with respect to a covered housing program, the
Executive department (as defined in section 101 of title 5,
United States Code) that carries out the covered housing
program.
``(3) Covered housing program.--The term `covered housing
program' means--
``(A) the program under section 202 of the Housing Act of
1959 (12 U.S.C. 1701q);
``(B) the program under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013);
``(C) the program under subtitle D of title VIII of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12901 et seq.);
``(D) each of the programs under title IV of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.);
``(E) the program under subtitle A of title II of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12741 et seq.);
``(F) the program under paragraph (3) of section 221(d) of
the National Housing Act (12 U.S.C. 1715l(d)) for insurance
of mortgages that bear interest at a rate determined under
the proviso under paragraph (5) of such section 221(d);
``(G) the program under section 236 of the National Housing
Act (12 U.S.C. 1715z-1);
``(H) the programs under sections 6 and 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437d and 1437f);
``(I) rural housing assistance provided under sections 514,
515, 516, 533, and 538 of the Housing Act of 1949 (42 U.S.C.
1484, 1485, 1486, 1490m, and 1490p-2); and
``(J) the low-income housing tax credit program under
section 42 of the Internal Revenue Code of 1986.
``(b) Prohibited Basis for Denial or Termination of
Assistance or Eviction.--
``(1) In general.--An applicant for or tenant of housing
assisted under a covered housing program may not be denied
admission to, denied assistance under, terminated from
participation in, or evicted from the housing program or
housing on the basis that the applicant or tenant is or has
been a victim of domestic violence, dating violence, sexual
assault, or stalking, if the applicant or tenant otherwise
qualifies for admission, assistance, participation, or
occupancy.
``(2) Construction of lease terms.--An incident of actual
or threatened domestic violence, dating violence, sexual
assault, or stalking shall not be construed as--
``(A) a serious or repeated violation of a lease for
housing assisted under a covered housing program by the
victim or threatened victim of such incident; or
``(B) good cause for terminating the assistance, tenancy,
or occupancy rights to housing assisted under a covered
housing program of the victim or threatened victim of such
incident.
``(3) Termination on the basis of criminal activity.--
``(A) Denial of assistance, tenancy, and occupancy rights
prohibited.--No person may deny assistance, tenancy, or
occupancy rights to housing assisted under a covered housing
program to a tenant solely on the basis of criminal activity
directly relating to domestic violence, dating violence,
sexual assault, or stalking that is engaged in by a member of
the household of the tenant or any guest or other person
under the control of the tenant, if the tenant or an
affiliated individual of the tenant is the victim or
threatened victim of such domestic violence, dating violence,
sexual assault, or stalking.
``(B) Bifurcation.--
``(i) In general.--Notwithstanding subparagraph (A), a
public housing agency or owner or manager of housing assisted
under a covered housing program may bifurcate a lease for the
housing in order to evict, remove, or terminate assistance to
any individual who is a tenant or lawful occupant of the
housing and who engages in criminal activity directly
relating to domestic violence, dating violence, sexual
assault, or stalking against an affiliated individual or
other individual, without evicting, removing, terminating
assistance to, or otherwise penalizing a victim of such
criminal activity who is also a tenant or lawful occupant of
the housing.
``(ii) Effect of eviction on other tenants.--If a public
housing agency or owner or manager of housing assisted under
a covered housing program evicts, removes, or terminates
assistance to an individual under
[[Page H766]]
clause (i), and the individual is the sole tenant eligible to
receive assistance under a covered housing program, the
public housing agency or owner or manager of housing assisted
under the covered housing program shall provide any remaining
tenant an opportunity to establish eligibility for the
covered housing program. If a tenant described in the
preceding sentence cannot establish eligibility, the public
housing agency or owner or manager of the housing shall
provide the tenant a reasonable time, as determined by the
appropriate agency, to find new housing or to establish
eligibility for housing under another covered housing
program.
``(C) Rules of construction.--Nothing in subparagraph (A)
shall be construed--
``(i) to limit the authority of a public housing agency or
owner or manager of housing assisted under a covered housing
program, when notified of a court order, to comply with a
court order with respect to--
``(I) the rights of access to or control of property,
including civil protection orders issued to protect a victim
of domestic violence, dating violence, sexual assault, or
stalking; or
``(II) the distribution or possession of property among
members of a household in a case;
``(ii) to limit any otherwise available authority of a
public housing agency or owner or manager of housing assisted
under a covered housing program to evict or terminate
assistance to a tenant for any violation of a lease not
premised on the act of violence in question against the
tenant or an affiliated person of the tenant, if the public
housing agency or owner or manager does not subject an
individual who is or has been a victim of domestic violence,
dating violence, sexual assault, or stalking to a more
demanding standard than other tenants in determining whether
to evict or terminate;
``(iii) to limit the authority to terminate assistance to a
tenant or evict a tenant from housing assisted under a
covered housing program if a public housing agency or owner
or manager of the housing can demonstrate that an actual and
imminent threat to other tenants or individuals employed at
or providing service to the property would be present if the
assistance is not terminated or the tenant is not evicted; or
``(iv) to supersede any provision of any Federal, State, or
local law that provides greater protection than this section
for victims of domestic violence, dating violence, sexual
assault, or stalking.
``(c) Documentation.--
``(1) Request for documentation.--If an applicant for, or
tenant of, housing assisted under a covered housing program
represents to a public housing agency or owner or manager of
the housing that the individual is entitled to protection
under subsection (b), the public housing agency or owner or
manager may request, in writing, that the applicant or tenant
submit to the public housing agency or owner or manager a
form of documentation described in paragraph (3).
``(2) Failure to provide certification.--
``(A) In general.--If an applicant or tenant does not
provide the documentation requested under paragraph (1)
within 14 business days after the tenant receives a request
in writing for such certification from a public housing
agency or owner or manager of housing assisted under a
covered housing program, nothing in this chapter may be
construed to limit the authority of the public housing agency
or owner or manager to--
``(i) deny admission by the applicant or tenant to the
covered program;
``(ii) deny assistance under the covered program to the
applicant or tenant;
``(iii) terminate the participation of the applicant or
tenant in the covered program; or
``(iv) evict the applicant, the tenant, or a lawful
occupant that commits violations of a lease.
``(B) Extension.--A public housing agency or owner or
manager of housing may extend the 14-day deadline under
subparagraph (A) at its discretion.
``(3) Form of documentation.--A form of documentation
described in this paragraph is--
``(A) a certification form approved by the appropriate
agency that--
``(i) states that an applicant or tenant is a victim of
domestic violence, dating violence, sexual assault, or
stalking;
``(ii) states that the incident of domestic violence,
dating violence, sexual assault, or stalking that is the
ground for protection under subsection (b) meets the
requirements under subsection (b); and
``(iii) includes the name of the individual who committed
the domestic violence, dating violence, sexual assault, or
stalking, if the name is known and safe to provide;
``(B) a document that--
``(i) is signed by--
``(I) an employee, agent, or volunteer of a victim service
provider, an attorney, a medical professional, or a mental
health professional from whom an applicant or tenant has
sought assistance relating to domestic violence, dating
violence, sexual assault, or stalking, or the effects of the
abuse; and
``(II) the applicant or tenant; and
``(ii) states under penalty of perjury that the individual
described in clause (i)(I) believes that the incident of
domestic violence, dating violence, sexual assault, or
stalking that is the ground for protection under subsection
(b) meets the requirements under subsection (b);
``(C) a record of a Federal, State, tribal, territorial, or
local law enforcement agency, court, or administrative
agency; or
``(D) at the discretion of a public housing agency or owner
or manager of housing assisted under a covered housing
program, a statement or other evidence provided by an
applicant or tenant.
``(4) Confidentiality.--Any information submitted to a
public housing agency or owner or manager under this
subsection, including the fact that an individual is a victim
of domestic violence, dating violence, sexual assault, or
stalking shall be maintained in confidence by the public
housing agency or owner or manager and may not be entered
into any shared database or disclosed to any other entity or
individual, except to the extent that the disclosure is--
``(A) requested or consented to by the individual in
writing;
``(B) required for use in an eviction proceeding under
subsection (b); or
``(C) otherwise required by applicable law.
``(5) Documentation not required.--Nothing in this
subsection shall be construed to require a public housing
agency or owner or manager of housing assisted under a
covered housing program to request that an individual submit
documentation of the status of the individual as a victim of
domestic violence, dating violence, sexual assault, or
stalking.
``(6) Compliance not sufficient to constitute evidence of
unreasonable act.--Compliance with subsection (b) by a public
housing agency or owner or manager of housing assisted under
a covered housing program based on documentation received
under this subsection, shall not be sufficient to constitute
evidence of an unreasonable act or omission by the public
housing agency or owner or manager or an employee or agent of
the public housing agency or owner or manager. Nothing in
this paragraph shall be construed to limit the liability of a
public housing agency or owner or manager of housing assisted
under a covered housing program for failure to comply with
subsection (b).
``(7) Response to conflicting certification.--If a public
housing agency or owner or manager of housing assisted under
a covered housing program receives documentation under this
subsection that contains conflicting information, the public
housing agency or owner or manager may require an applicant
or tenant to submit third-party documentation, as described
in subparagraph (B), (C), or (D) of paragraph (3).
``(8) Preemption.--Nothing in this subsection shall be
construed to supersede any provision of any Federal, State,
or local law that provides greater protection than this
subsection for victims of domestic violence, dating violence,
sexual assault, or stalking.
``(d) Notification.--
``(1) Development.--The Secretary of Housing and Urban
Development shall develop a notice of the rights of
individuals under this section, including the right to
confidentiality and the limits thereof, and include such
notice in documents required by law to be provided to tenants
assisted under a covered housing program.
``(2) Provision.--The applicable public housing agency or
owner or manager of housing assisted under a covered housing
program shall provide the notice developed under paragraph
(1) to an applicant for or tenant of housing assisted under a
covered housing program--
``(A) at the time the applicant is denied residency in a
dwelling unit assisted under the covered housing program;
``(B) at the time the individual is admitted to a dwelling
unit assisted under the covered housing program; and
``(C) in multiple languages, consistent with guidance
issued by the Secretary of Housing and Urban Development in
accordance with Executive Order No. 13166 (42 U.S.C. 2000d-1
note; relating to access to services for persons with limited
English proficiency).
``(e) Emergency Relocation and Transfers.--Each appropriate
agency shall develop a model emergency relocation and
transfer plan for voluntary use by public housing agencies
and owners or managers of housing assisted under a covered
housing program that--
``(1) allows tenants who are victims of domestic violence,
dating violence, sexual assault, or stalking to relocate or
transfer to another available and safe dwelling unit assisted
under a covered housing program and retain their status as
tenants under the covered housing program if--
``(A) the tenant expressly requests to move;
``(B)(i) the tenant reasonably believes that the tenant is
threatened with imminent harm from further violence if the
tenant remains within the same dwelling unit assisted under a
covered housing program; or
``(ii) the sexual assault, domestic violence, dating
violence, or stalking occurred on the premises during the 90-
day period preceding the request to move; and
``(C) the tenant has provided documentation as described in
subparagraph (A), (B), (C) or (D) of subsection (c)(3) if
requested by a public housing agency or owner or manager;
``(2) incorporates reasonable confidentiality measures to
ensure that the public housing agency or owner or manager
does not disclose the location of the dwelling unit of a
tenant to a person that commits an act of domestic violence,
dating violence, sexual assault, or stalking against the
tenant;
[[Page H767]]
``(3) describes how the appropriate agency will coordinate
relocations or transfers between dwelling units assisted
under a covered housing program;
``(4) takes into consideration the existing rules and
regulations of the covered housing program;
``(5) is tailored to the specific type of the covered
housing program based on the volume and availability of
dwelling units under the control or management of the public
housing agency, owner, or manager; and
``(6) provides guidance for use in situations in which it
is not feasible for an individual public housing agency,
owner, or manager to effectuate a transfer.
``(f) Policies and Procedures for Emergency Transfer.--The
Secretary of Housing and Urban Development shall establish
policies and procedures under which a victim requesting an
emergency transfer under subsection (e) may receive, subject
to the availability of tenant protection vouchers for
assistance under section 8(o)(16) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(16)), assistance
under such section.
``(g) Implementation.--The appropriate agency with respect
to each covered housing program shall implement this section,
as this section applies to the covered housing program.''.
(b) Conforming Amendments.--
(1) Section 6.--Section 6 of the United States Housing Act
of 1937 (42 U.S.C. 1437d) is amended--
(A) in subsection (c)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(B) in subsection (l)--
(i) in paragraph (5), by striking ``, and that an
incident'' and all that follows through ``victim of such
violence''; and
(ii) in paragraph (6), by striking ``; except that'' and
all that follows through ``stalking.''; and
(C) by striking subsection (u).
(2) Section 8.--Section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f) is amended--
(A) in subsection (c), by striking paragraph (9);
(B) in subsection (d)(1)--
(i) in subparagraph (A), by striking ``and that an
applicant'' and all that follows through ``assistance or
admission''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking ``, and that an incident''
and all that follows through ``victim of such violence''; and
(II) in clause (iii), by striking ``, except that:'' and
all that follows through ``stalking.'';
(C) in subsection (f)--
(i) in paragraph (6), by adding ``and'' at the end;
(ii) in paragraph (7), by striking the semicolon at the end
and inserting a period; and
(iii) by striking paragraphs (8), (9), (10), and (11);
(D) in subsection (o)--
(i) in paragraph (6)(B), by striking the last sentence;
(ii) in paragraph (7)--
(I) in subparagraph (C), by striking ``and that an
incident'' and all that follows through ``victim of such
violence''; and
(II) in subparagraph (D), by striking ``; except that'' and
all that follows through ``stalking.''; and
(iii) by striking paragraph (20); and
(E) by striking subsection (ee).
(3) Rule of construction.--Nothing in this Act, or the
amendments made by this Act, shall be construed--
(A) to limit the rights or remedies available to any person
under section 6 or 8 of the United States Housing Act of 1937
(42 U.S.C. 1437d and 1437f), as in effect on the day before
the date of enactment of this Act;
(B) to limit any right, remedy, or procedure otherwise
available under any provision of part 5, 91, 880, 882, 883,
884, 886, 891, 903, 960, 966, 982, or 983 of title 24, Code
of Federal Regulations, that--
(i) was issued under the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162; 119 Stat. 2960) or an amendment made by that Act;
and
(ii) provides greater protection for victims of domestic
violence, dating violence, sexual assault, and stalking than
this Act or the amendments made by this Act; or
(C) to disqualify an owner, manager, or other individual
from participating in or receiving the benefits of the low-
income housing tax credit program under section 42 of the
Internal Revenue Code of 1986 because of noncompliance with
the provisions of this Act or the amendments made by this
Act.
SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING.
Chapter 11 of subtitle B of the Violence Against Women Act
of 1994 (42 U.S.C. 13975; as added by section 611 of Public
Law 108-21 (117 Stat. 693)) is amended--
(1) in the chapter heading, by striking ``CHILD VICTIMS OF
DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT'' and
inserting ``VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING''; and
(2) in section 40299 (42 U.S.C. 13975)--
(A) in the header, by striking ``CHILD VICTIMS OF DOMESTIC
VIOLENCE, STALKING, OR SEXUAL ASSAULT'' and inserting
``VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING'';
(B) in subsection (a)(1), by striking ``fleeing'';
(C) by striking subsection (f); and
(D) in subsection (g)--
(i) in paragraph (1), by striking ``$40,000,000 for each of
the fiscal years 2007 through 2011'' and inserting
``$35,000,000 for each of fiscal years 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 significant activities that may
compromise victim safety;
``(iii) reflects an understanding of the dynamics of
domestic violence, dating violence, sexual assault, or
stalking; and
``(iv) does not propose prohibited activities, including
mandatory services for victims, background checks of victims,
or clinical evaluations to determine eligibility for
services.''.
SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
Subtitle N of the Violence Against Women Act of 1994 (42
U.S.C. 14043e et seq.) is amended--
(1) in section 41404(i) (42 U.S.C. 14043e-3(i)), by
striking ``$10,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$4,000,000 for each of fiscal years
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--IMMIGRATION PROVISIONS
SEC. 801. CLARIFICATION OF THE REQUIREMENTS APPLICABLE TO U
VISAS.
(a) Clarification of Requirements for Nonimmigrant
Status.--Section 101(a)(15)(U)(i)(III) of the and Nationality
Act (8 U.S.C. 1101(a)(15)(U)) is amended--
(1) by striking ``is being helpful, or is likely to be
helpful'' and inserting the following ``or is being
helpful''; and
(2) by insert ``and has complied with any reasonable
request for assistance in the Federal, State, or local
investigation or prosecution of the criminal activity''
before ``; and''.
(b) Clarification of Content of Certification.--Section
214(p)(1) of the Immigration and Nationality Act (8 U.S.C.
1184(p)(1)) is amended by striking ``This certification shall
state that the alien `has been helpful, is being helpful, or
is likely to be helpful' in the investigation or
prosecution'' and inserting ``This certification shall state
that the alien `has been helpful or is being helpful' in the
investigation or prosecution''.
SEC. 802. PROTECTIONS FOR A FIANCEE OR FIANCE OF A CITIZEN.
(a) In General.--Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``crime.'' and inserting
``crime described in paragraph (3)(B) and information on any
permanent protection or restraining order issued against the
petitioner related to any specified crime described in
paragraph (3)(B)(i).''; and
(B) in paragraph (3)(B)(i), by striking ``abuse, and
stalking.'' and inserting ``abuse, stalking, or an attempt to
commit any such crime.''; and
(2) in subsection (r)--
(A) in paragraph (1), by striking ``crime.'' and inserting
``crime described in paragraph (5)(B) and information on any
permanent protection or restraining order issued against the
petitioner related to any specified crime described in
subsection (5)(B)(i).''; and
(B) in paragraph (5)(B)(i), by striking ``abuse, and
stalking.'' and inserting ``abuse, stalking, or an attempt to
commit any such crime.''.
(b) Provision of Information to K Nonimmigrants.--Section
833 of the International Marriage Broker Regulation Act of
2005 (8 U.S.C. 1375a) is amended in subsection (b)(1)(A), by
striking ``or'' after ``orders'' and inserting ``and''.
SEC. 803. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) Implementation of the International Marriage Broker Act
of 2005.--Not later than 90 days after the date of the
enactment of this Act, the Attorney General shall submit to
the Committees on the Judiciary of the House of
Represenatives and the Senate a report that includes the
number of prosecutions for violations of section 833 of the
International Marriage Broker Act of 2005 (8 U.S.C. 1375a)
that have occurred since the date of enactment of that Act.
(b) Regulation of International Marriage Brokers.--Section
833(d) of the International Marriage Broker Regulation Act of
2005 (8 U.S.C. 1375a(d)) is amended as follows:
[[Page H768]]
(1) By amending paragraph (1) to read as follows:
``(1) Prohibition on marketing of or to children.--
``(A) In general.--An international marriage broker shall
not provide any individual or entity with personal contact
information, photograph, or general information about the
background or interests of any individual under the age of
18.
``(B) Compliance.--To comply with the requirements of
subparagraph (A), an international marriage broker shall--
``(i) obtain a valid copy of each foreign national client's
birth certificate or other proof of age document issued by an
appropriate government entity;
``(ii) indicate on such certificate or document the date it
was received by the international marriage broker;
``(iii) retain the original of such certificate or document
for 5 years after such date of receipt; and
``(iv) produce such certificate or document upon request to
an appropriate authority charged with the enforcement of this
paragraph.''.
(2) In paragraph (2)(B)(ii), by striking ``or stalking.''
and inserting ``stalking, or an attempt to commit any such
crime.''.
SEC. 804. GAO REPORT.
(a) Requirement for Report.--Not later than 1 year after
the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the Committee on
the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report regarding
the adjudication of petitions and applications under section
101(a)(15)(U) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(U)) and the self-petitioning process for
VAWA self-petitioners (as that term is defined in section
101(a)(51) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(51)).
(b) Contents.--The report required by subsection (a)
shall--
(1) assess the efficiency and reliability of the process
for reviewing such petitions and applications, including
whether the process includes adequate safeguards against
fraud and abuse; and
(2) identify possible improvements to the adjudications of
petitions and applications in order to reduce fraud and
abuse.
SEC. 805. 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).
(6) The actions being taken to combat fraud and to ensure
program integrity.
(7) Each type of criminal activity by reason of which an
alien received nonimmigrant status under section
101(a)(15)(U) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(U)) during the preceding fiscal year and
the number of occurrences of that criminal activity that
resulted in such aliens receiving such status.
SEC. 806. 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. 807. 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. 808. AGE-OUT PROTECTION FOR U VISA APPLICANTS.
Section 214(p) of the Immigration and Nationality Act (8
U.S.C. 1184(p)) is amended by adding at the end the
following:
``(7) Age determinations.--
``(A) Children.--An unmarried alien who seeks to accompany,
or follow to join, a parent granted status under section
101(a)(15)(U)(i), and who was under 21 years of age on the
date on which such parent petitioned for such status, shall
continue to be classified as a child for purposes of section
101(a)(15)(U)(ii), if the alien attains 21 years of age after
such parent's petition was filed but while it was pending.
``(B) Principal aliens.--An alien described in clause (i)
of section 101(a)(15)(U) shall continue to be treated as an
alien described in clause (ii)(I) of such section if the
alien attains 21 years of age after the alien's application
for status under such clause (i) is filed but while it is
pending.''.
SEC. 809. HARDSHIP WAIVERS.
Section 216(c)(4) of the Immigration and Nationality Act (8
U.S.C. 1186a(c)(4)) is amended--
(1) in subparagraph (A), by striking the comma at the end
and inserting a semicolon;
(2) in subparagraph (B), by striking ``(1), or'' and
inserting ``(1); or'';
(3) in subparagraph (C), by striking the period at the end
and inserting a semicolon and ``or''; and
(4) by inserting after subparagraph (C) the following:
``(D) the alien meets the requirements under section
204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage
ceremony was battered by or subject to extreme cruelty
perpetrated by the alien's intended spouse and was not at
fault in failing to meet the requirements of paragraph
(1).''.
SEC. 810. DISCLOSURE OF INFORMATION FOR NATIONAL SECURITY
PURPOSE.
(a) Information Sharing.--Section 384(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(b)) is amended--
(1) in paragraph (1)--
(A) by inserting ``Secretary of Homeland Security or the''
before ``Attorney General may''; and
(B) by inserting ``Secretary's or the'' before ``Attorney
General's discretion'';
(2) in paragraph (2)--
(A) by inserting ``Secretary of Homeland Security or the''
before ``Attorney General may'';
(B) by inserting ``Secretary or the'' before ``Attorney
General for''; and
(C) by inserting ``in a manner that protects the
confidentiality of such information'' after ``law enforcement
purpose'';
(3) in paragraph (5), by striking ``Attorney General is''
and inserting ``Secretary of Homeland Security and the
Attorney General are''; and
(4) by adding at the end a new paragraph as follows:
``(8) Notwithstanding subsection (a)(2), the Secretary of
Homeland Security, the Secretary of State, or the Attorney
General may provide in the discretion of either such
Secretary or the Attorney General for the disclosure of
information to national security officials to be used solely
for a national security purpose in a manner that protects the
confidentiality of such information.''.
(b) Guidelines.--Subsection (d) (as added by section 817(4)
of the Violence Against Women and Department of Justice
Reauthorization Act of 2005) of section 384 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(d)) is amended by inserting ``and severe forms
of trafficking in persons or criminal activity listed in
section 101(a)(15)(U) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(u))'' after ``domestic violence''.
(c) Implementation.--Not later than 180 days after the date
of enactment of this Act, the Attorney General and Secretary
of Homeland Security shall provide the guidance required by
section 384(d) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(d)),
consistent with the amendments made by subsections (a) and
(b).
(d) Clerical Amendment.--Section 384(a)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
is amended by striking ``241(a)(2)'' in the matter following
subparagraph (F) and inserting ``237(a)(2)''.
SEC. 811. CONSIDERATION OF OTHER EVIDENCE.
Section 237(a)(2)(E)(i) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(2)(E)(i)) is amended by adding at the
end the following: ``If the conviction records do not
conclusively establish whether a crime of domestic violence
constitutes a crime of violence (as defined in section 16 of
title 18, United States Code), the Attorney General may
consider other evidence related to the conviction that
clearly establishes that the conduct for which the alien was
engaged constitutes a crime of violence.''.
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 H769]]
(2) in paragraph (4), by inserting ``sex trafficking,''
after ``sexual assault,'';
(3) in paragraph (5), by striking ``and stalking'' and all
that follows and inserting ``sexual assault, sex trafficking,
and stalking;'';
(4) in paragraph (7)--
(A) by inserting ``sex trafficking,'' after ``sexual
assault,'' each place it appears; and
(B) by striking ``and'' at the end;
(5) in paragraph (8)--
(A) by inserting ``sex trafficking,'' after ``stalking,'';
and
(B) by striking the period at the end and inserting a
semicolon; and
(6) by adding at the end the following:
``(9) provide services to address the needs of youth who
are victims of domestic violence, dating violence, sexual
assault, sex trafficking, or stalking and the needs of
children exposed to domestic violence, dating violence,
sexual assault, or stalking, including support for the
nonabusing parent or the caretaker of the child; and
``(10) develop and promote legislation and policies that
enhance best practices for responding to violent crimes
against Indian women, including the crimes of domestic
violence, dating violence, sexual assault, sex trafficking,
and stalking.''.
SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS.
Section 2001(d) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) developing and promoting State, local, or tribal
legislation and policies that enhance best practices for
responding to violent crimes against Indian women, including
the crimes of domestic violence, dating violence, sexual
assault, stalking, and sex trafficking.''; and
(2) in paragraph (2)(B), by striking ``individuals or''.
SEC. 903. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC
VIOLENCE.
(a) In General.--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) Special Domestic Violence Jurisdiction.--
``(1) In general.--A participating tribe is authorized to
exercise jurisdiction in accordance with this section over an
alleged offender who commits a covered offense. In exercising
such jurisdiction, the participating tribe--
``(A) except as otherwise provided in this section, may
exercise such jurisdiction to the same extent and in the same
manner as the participating tribe has jurisdiction over a
member of such tribe; and
``(B) shall not violate any right described in subsection
(b)(3).
Jurisdiction under this section shall be referred to as
`special domestic violence jurisdiction'.
``(2) Alleged offender.--The term `alleged offender' means
a person--
``(A) who is not an Indian;
``(B) who is alleged to have committed a covered offense;
and
``(C) who--
``(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.
``(3) Covered offense.--The term `covered offense' means an
offense that--
``(A) is committed against an Indian who is described in
subclause (I) or (II) of paragraph (2)(C)(iii);
``(B) is punishable by the written laws of the
participating tribe by a term of imprisonment of not more
than 1 year; and
``(C) is--
``(i) an act of domestic violence or dating violence that
occurs in the Indian country of the participating tribe; or
``(ii) an act that--
``(I) occurs in the Indian country of the participating
tribe; and
``(II) violates the portion of a protection order that--
``(aa) 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;
``(bb) was issued against an alleged offender;
``(cc) is enforceable by the participating tribe; and
``(dd) is consistent with section 2265(b) of title 18,
United States Code.
``(b) Certification of Participating Tribes.--
``(1) Election.--An Indian tribe seeking to exercise
special domestic violence juridiction shall submit to the
Attorney General a request for certification as a
participating tribe.
``(2) Approval.--Not later than 120 days after receiving a
request under paragraph (1), the Attorney General shall make
a determination as to whether the tribe, in exercising
special domestic violence jurisdiction, is able to afford,
and provides adequate assurances that the tribe will afford,
an alleged offender all the rights described in paragraph
(3). If the Attorney General determines that the tribe is so
able and the tribe provides such assurances, the Attorney
General shall certify the tribe as a participating tribe. If
the Attorney General determines that the tribe is not so able
or has not provided such assurances, the Attorney General
shall--
``(A) deny such a request; and
``(B) provide the Indian tribe with written notice thereof,
including the reasons of the Attorney General for that denial
and guidance on how the Indian tribe could obtain approval.
``(3) Rights described.--The rights described in this
paragraph are--
``(A) all rights described in section 202;
``(B) all rights secured by the Constitution of the United
States, as such rights are interpreted by the courts of the
United States; and
``(C) all rights otherwise provided for under this section.
``(c) Rule of Construction.--Nothing in this section may be
construed--
``(1) to affect any jurisdiction of a participating tribe,
other than the special domestic violence jurisdiction of that
tribe, that such tribe possessed prior to the date of
enactment of this section; or
``(2) to affect any criminal jurisdiction over Indian
country of the United States, of a State, or of both.
``(d) Concurrence of Jurisdiction.--The exercise of special
domestic violence jurisdiction shall be concurrent with any
jurisdiction of the United States, of a State, or of both.
``(e) Issuance of Protection Order.--A tribal court of a
participating tribe may issue a protection order for the
protection of an Indian who is described in subparagraph (A)
or (B) of paragraph (3) of this subsection against a person
who is not an Indian if that person--
``(1) resides in the Indian country of the participating
tribe;
``(2) is employed in the Indian country of the
participating tribe; or
``(3) is a spouse, intimate partner, or dating partner of--
``(A) a member of the participating tribe; or
``(B) an Indian who resides in the Indian country of the
participating tribe.
``(f) Removal.--
``(1) By defendant.--
``(A) In general.--Subject to paragraph (2), any criminal
prosecution that is before a tribal court by reason of the
exercise by that court of special domestic violence
jurisdiction may be removed by the defendant to the district
court of the United States for the district and division
embracing the place wherein it is pending.
``(B) Grounds for removal.--The district court may grant
removal under paragraph (1) only in the case of--
``(i) a violation of any provision of this section by the
participating tribe; or
``(ii) a violation of a right described in subsection
(b)(3) of the defendant.
``(C) Manner of removal.--In the case of a defendant
desiring to remove a criminal prosecution that is before a
tribal court by reason of the exercise by that court of
special domestic violence jurisdiction, that defendant shall
do so in the same form and manner as a defendant that seeks
removal of a criminal prosecution from State court under
section 1455 of title 28, United States Code. Sections 1447
through 1450 of such title shall apply in the case of such a
removal. In applying sections 1447 through 1450 and section
1455 of such title purusant to this paragraph, the term
`State court' shall be read to include such tribal court.
``(D) Notice required.--Not later than the time at which
the defendant makes an initial appearance before a tribal
court exercising special domestic violence jurisdiction or 48
hours after the time of arrest, whichever is earlier, the
defendant shall be notified of the right of removal under
this subsection.
``(2) By united states attorney.--
``(A) In general.--Any criminal prosecution that is before
a tribal court by reason of the exercise by that court of
special domestic violence jurisdiction may be removed to the
district court of the United States for the district and
division embracing the place wherein it is pending by the
United States attorney for that district and division.
``(B) Notice to united states attorney required.--Not later
than 48 hours after the defendant makes an initial appearance
before the tribal court, the participating tribe shall
provide notice to the United States attorney for the district
and division embracing the tribal court that the tribal court
is exercising special domestic violence jurisdiction in this
prosecution.
``(C) Applicable provisions.--Sections 1447 through 1450 of
title 28, United States Code, shall apply in the case of a
removal under this paragraph. In applying sections 1447
through 1450 of such title purusant to this paragraph, the
term `State court' shall be read to include a tribal court
exercising special domestic violence jurisdiction.
``(D) Requirements.--If the United State attorney seeks to
remove a criminal prosecution pursuant to this paragraph, the
United States attorney shall, not later than the commencement
of trial in the prosecution, provide notice of removal to the
tribal court. On receipt of such notice, the tribal court
shall terminate all proceedings pertaining to that
prosecution. A notice of removal filed under this
subparagraph shall
[[Page H770]]
identify the covered case and the grounds for removal
``(g) Interlocutory Appeal.--In a criminal prosecution in
which a tribal court exercises special domestic violence
jurisdiction, the defendant may appeal an order of a tribal
court to the United States district court for the district
and division embracing the tribal court not later than 14
days after that order is entered if a district judge's order
could similarly be appealed. The defendant shall file a
notice with the clerk specifying the order being appealed and
shall serve a copy on the adverse party.
``(h) Review of Judgment and Sentence.--
``(1) In general.--Not later than 60 days after the date on
which a tribal court enters a final judgment against a
defendant in a criminal proceeding in which a participating
tribe exercises special domestic violence jurisdiction, the
defendant may petition the United States district court for
the district and division embracing the tribal court for
review of the final judgment against the defendant.
``(2) Notice to defendant.--When the tribal court enters a
final judgment, the tribal court shall inform the defendant
of the right to petition for review of the final judgment
under this subsection.
``(3) Release or detention pending appeal.--Section 3143(b)
of title 18, United States Code, shall apply in the case of a
defendant under this subsection.
``(i) Habeas Corpus.--Any petition for habeas corpus by an
alleged offender who is detained under the special domestic
violence jurisidiction of a participating tribe shall be in
accordance with section 2257 of title 28, United States Code.
``(j) Civil Action for Deprivation of Rights.--
``(1) In general.--Every person who, under color of any
statute, ordinance, regulation, custom, or usage of any
participating tribe, subjects, or causes to be subjected, any
person over whom the participating tribe exercises special
domestic violence jurisdiction to the deprivation of any
rights, privileges, or immunities secured by the Constitution
of the United States and Federal laws, shall be liable to the
party injured in a civil action.
``(2) Immunity for tribal officials.--In any action
described in paragraph (1), tribal officials shall be
entitled to claim the same immunity accorded public officials
in actions brought under section 1979 of the Revised Statutes
of the United States (42 U.S.C. 1983).
``(3) Administration.--
``(A) In general.--An action described in paragraph (1) may
be brought in any appropriate district court of the United
States.
``(B) Timing.--An action described in paragraph (1) shall
commence not later than 4 years after the date on which the
conduct giving rise to the action occurred.
``(k) Grants to Tribal Governments.--
``(1) In general.--The Attorney General may award grants to
participating tribes--
``(A) to strengthen tribal criminal justice systems to
assist Indian tribes in exercising special domestic violence
jurisdiction, including--
``(i) law enforcement (including the capacity of law
enforcement or court personnel to enter information into and
obtain information from national crime information
databases);
``(ii) prosecution;
``(iii) trial and appellate courts;
``(iv) probation systems;
``(v) detention and correctional facilities;
``(vi) alternative rehabilitation centers;
``(vii) culturally appropriate services and assistance for
victims and their families; and
``(viii) criminal codes and rules of criminal procedure,
appellate procedure, and evidence;
``(B) 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;
``(C) to ensure that, in criminal proceedings in which a
participating tribe exercises special domestic violence
jurisdiction, jurors are summoned, selected, and instructed
in a manner consistent with all applicable requirements; and
``(D) 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.
``(2) Supplement, not supplant.--Amounts made available
under this subsection shall supplement and not supplant any
other Federal, State, tribal, or local government amounts
made available to carry out activities described in this
subsection.
``(3) Prohibition on lobbying activity.--Amounts authorized
to be appropriated under this subsection may not be used by
any grant recipient to--
``(A) lobby any representative of the Department of Justice
regarding the award of grant funding under this subsection;
or
``(B) lobby any representative of a Federal, State, local,
or tribal government regarding the award of grant funding
under this subsection.
``(4) Authorization of appropriations.--There are
authorized to be appropriated $5,000,000 for each of fiscal
years 2014 through 2018 to carry out this subsection.
``(l) Definitions.--In this section:
``(1) Dating violence.--The term `dating violence' means
violence committed against a victim by a dating partner of
that victim.
``(2) Dating partner.--The term `dating partner' has the
meaning given such term in section 2266 of title 18, United
States Code.
``(3) Domestic violence.--The term `domestic violence'
means violence committed by--
``(A) a current or former spouse or intimate partner of the
victim; or
``(B) 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.
``(4) Indian country.--The term `Indian country' has the
meaning given the term in section 1151 of title 18, United
States Code.
``(5) Participating tribe.--The term `participating tribe'
means an Indian tribe that is certified under subsection (b)
to exercise special domestic violence jurisdiction.
``(6) 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.
``(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) Habeas Corpus.--
(1) In general.--Chapter 153 of title 28, United States
Code, is amended--
(A) in section 2241(c)--
(i) in paragraph (5), by striking the period at the end and
inserting the following: ``; or''; and
(ii) by adding at the end the following:
``(6) He is in custody for an act done or omitted and to
which the special domestic violence jurisdiction under
section 204 of Public Law 90-284 extends.''.
(B) by adding at the end the following:
``Sec. 2257. Special domestic violence jurisdiction
``For purposes of this chapter, an Indian tribe that is
exercising special domestic violence jurisdiction under
section 204 of Public Law 90-284 shall be treated as a
State.''.
(2) Clerical amendment.--The table of sections for chapter
153 of title 28, United States Code, is amended by inserting
after the item relating to section 2256 the following:
``2257. Special domestic violence jurisdiction.''.
SEC. 904. 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;
``(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); and
``(4) contains information compiled by the Federal Bureau
of Investigation, on an annual basis and by Field Division,
regarding decisions not to refer to an appropriate
prosecuting authority cases in which investigations had been
opened into an alleged crime in Indian country, including--
``(A) the types of crimes alleged;
``(B) the statuses of the accused as Indians or non-
Indians;
``(C) the statuses of the victims as Indians or non-
Indians; and
``(D) the reasons for deciding against referring the
investigation for prosecution.
``(5) contains information compiled by each United States
Attorney, on an annual basis and by Federal judicial
district, regarding declinations of alleged violations of
Federal criminal law that occurred in Indian country that
were referred for prosecution by law enforcement agencies,
including--
``(A) the types of crimes alleged;
``(B) the statuses of the accused as Indians or non-
Indians;
``(C) the statuses of the victims as Indians or non-
Indians; and
[[Page H771]]
``(D) the reasons for deciding against referring the
investigation for prosecution.
``(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. 905. 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. 906. ASSISTANT UNITED STATES ATTORNEY DOMESTIC VIOLENCE
TRIBAL LIAISONS.
Section 13(b) of the Indian Law Enforcement Reform Act (25
U.S.C. 2810(b)) is amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following:
``(9) Serving as domestic violence tribal liaison by doing
the following:
``(A) Encouraging and assisting in arrests and Federal
prosecution for crimes, including misdemeanor crimes, of
domestic violence, dating violence, sexual assault, and
stalking that occur in Indian country.
``(B) Conducting training sessions for tribal law
enforcement officers and other individuals and entities
responsible for responding to crimes in Indian country to
ensure that such officers, individuals, and entities
understand their arrest authority over non-Indian offenders.
``(C) Developing multidisciplinary teams to combat domestic
and sexual violence offenses against Indians by non-Indians.
``(D) Consulting and coordinating with tribal justice
officials and victims' advocates to address any backlog in
the prosecution of crimes, including misdemeanor crimes, of
domestic violence, dating violence, sexual assault, and
stalking that occur in Indian country.
``(E) Developing working relationships and maintaining
communication with tribal leaders, tribal community and
victims' advocates, and tribal justice officials to gather
information from, and share appropriate information with,
tribal justice officials.''.
SEC. 907. SPECIAL ATTORNEYS.
Section 543(a) of title 28, United States Code, is amended
by striking ``, including'' and all that follows through the
period at the end and inserting the following: ``The Attorney
General shall appoint qualified tribal prosecutors and other
qualified attorneys to assist in prosecuting Federal offenses
committed in the Indian country of no fewer than 10 federally
recognized tribes, with a preference given to those tribes
that do not exercise special domestic violence jurisdiction
as defined in section 204(a) of title II of Public Law 90-284
(25 U.S.C. 1301 et seq.) (commonly known as the `Indian Civil
Rights Act of 1968').''.
SEC. 908. GAO STUDY.
The Comptroller General of the United States shall submit
to the Congress a report on--
(1) the prevalence of domestic violence and sexual assault
in Indian Country;
(2) the efforts of Federal law enforcement agencies,
including the Federal Bureau of Investigation and Bureau of
Indian Affairs, to investigate these crimes; and
(3) Federal initiatives, such as grants, training, and
technical assistance, to help address and prevent such
violence.
TITLE X--CRIMINAL PROVISIONS
SEC. 1001. 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, or pursuant to an
intergovernmental service agreement with, the Department.
``(3) Compliance.--The Secretary of Homeland Security
shall--
``(A) assess compliance with the standards adopted under
paragraph (1) on a regular basis; and
``(B) include the results of the assessments in performance
evaluations of facilities completed by the Department of
Homeland Security.
``(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Homeland Security shall give
due consideration to the recommended national standards
provided by the Commission under section 7(e).
``(d) Applicability to Custodial Facilities Operated by the
Department of Health and Human Services.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Violence Against Women Reauthorization
Act of 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. 1002. CRIMINAL PROVISION RELATING TO STALKING, INCLUDING
CYBERSTALKING.
(a) In General.--Section 2261A of title 18, United States
Code, is amended to read as follows:
``Sec. 2261A. Stalking
``(a) Whoever uses the mail, any interactive computer
service, or any facility of interstate or foreign commerce to
engage in a course of conduct or travels in interstate or
foreign commerce or within the special maritime and
territorial jurisdiction of the United States, or enters or
leaves Indian country, with the intent to kill, injure,
harass, or intimidate another person, or place another person
under surveillance with the intent to kill, injure, harass,
or intimidate such person and in the course of, or as a
result of, such travel or course of conduct--
``(1) places that person in reasonable fear of the death
of, or serious bodily injury to such person, a member of
their immediate family (as defined in section 115), or their
spouse or intimate partner; or
``(2) causes or attempts to cause serious bodily injury or
serious emotional distress to such person, a member of their
immediate family (as defined in section 115), or their spouse
or intimate partner;
shall be punished as provided in subsection (b).
``(b) The punishment for an offense under this section is
the same as that for an offense under section 2261, except
that if--
``(1) the offense involves conduct in violation of a
protection order; or
``(2) the victim of the offense is under the age of 18
years or over the age of 65 years, the offender has reached
the age of 18 years at the time the offense was committed,
and the offender knew or should have known that the victim
was under the age of 18 years or over the age of 65 years;
the maximum term of imprisonment that may be imposed is
increased by 5 years over the term of imprisonment otherwise
provided for that offense in section 2261.''.
(b) Clerical Amendment.--The item relating to section 2261A
in the table of sections at the beginning of chapter 110A of
title 18, United States Code, is amended to read as follows:
``2261A. Stalking.''.
[[Page H772]]
SEC. 1003. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.
(a) In General.--Section 113 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) Assault with intent to commit murder or a violation
of section 2241 or 2242, by a fine under this title,
imprisonment for not more than 20 years, or both.'';
(B) in paragraph (2), by striking ``felony under chapter
109A'' and inserting ``violation of section 2241 or 2242'';
(C) in paragraph (3), by striking ``and without just cause
or excuse,'';
(D) in paragraph (4), by striking ``six months'' and
inserting ``1 year'';
(E) in paragraph (5), by striking ``1 year'' and inserting
``5 years'';
(F) in paragraph (7)--
(i) by striking ``substantial bodily injury to an
individual who has not attained the age of 16 years'' and
inserting ``substantial bodily injury to a spouse or intimate
partner, a dating partner, or an individual who has not
attained the age of 16 years''; and
(ii) by striking ``fine'' and inserting ``a fine''; and
(G) by adding at the end the following:
``(8) Assault of a spouse, intimate partner, or dating
partner by strangling, suffocating, or attempting to strangle
or suffocate, by a fine under this title, imprisonment for
not more than 10 years, or both.''; and
(2) in subsection (b)--
(A) by striking ``(b) As used in this subsection--'' and
inserting the following:
``(b) In this section--'';
(B) in paragraph (1)(B), by striking ``and'' at the end;
(C) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(3) the terms `dating partner' and `spouse or intimate
partner' have the meanings given those terms in section 2266;
``(4) the term `strangling' means knowingly or recklessly
impeding the normal breathing or circulation of the blood of
a person by applying pressure to the throat or neck,
regardless of whether that conduct results in any visible
injury or whether there is any intent to kill or protractedly
injure the victim; and
``(5) the term `suffocating' means knowingly or recklessly
impeding the normal breathing of a person by covering the
mouth of the person, the nose of the person, or both,
regardless of whether that conduct results in any visible
injury or whether there is any intent to kill or protractedly
injure the victim.''.
(b) Indian Major Crimes.--Section 1153(a) of title 18,
United States Code, is amended by striking ``assault with
intent to commit murder, assault with a dangerous weapon,
assault resulting in serious bodily injury (as defined in
section 1365 of this title)'' and inserting ``a felony
assault under section 113''.
The SPEAKER pro tempore. Pursuant to House Resolution 83, the
gentlewoman from Washington (Mrs. McMorris Rodgers) and a Member
opposed each will control 10 minutes.
The Chair recognizes the gentlewoman from Washington.
Mrs. McMORRIS RODGERS. Madam Speaker, I yield myself 3 minutes.
Madam Speaker, we've heard strong bipartisan support over the last
hour for the Violence Against Women Act and standing for all victims.
I remain convinced that the House amendment is the strongest
reauthorization of VAWA and the one that should be sent to the
President's desk. It's a responsible bill that protects all victims of
domestic violence. It's a bill that holds offenders fully accountable
for their crimes. It is a bill that respects the Constitution.
It puts the focus on the victim, where it should be. It provides the
necessary services and resources to victims while at the same time
strengthening investigations and prosecutions to lock away offenders
for a longer period of time.
What it does not do is engage in the type of divisive, political
rancor that many have tried to leverage or exploit. Republicans want to
reauthorize a bill that protects women, not promotes partisanship.
{time} 1050
Over the last few months, the debate over VAWA has been muddled with
partisan attacks. In fact, just last week, comments were made that
claim the House bill will not provide critical protections for rape
victims, domestic violence victims, human trafficking victims, students
on campus, or stalking victims, or that the House Republican leadership
just doesn't get it.
None of these assertions are further from the truth, and it is this
political bickering and these baseless accusations that keep Congress
from doing the job to protect those who need the most protection,
because this bill is about people, not politics.
It's about Rebecca Schiering, from my home near Spokane Valley, who
broke up with her fiance after a domestic dispute. Two months later, he
shot and killed her and her 9-year-old son. It's about Michelle Canino
of north Spokane, who was stabbed to death by her husband, Jeffrey,
while her 11-year-old son watched the entire thing. This bill is about
Rebecca and Michelle and the millions of women like them all across
this country who need protection, and that's what this bill will do. It
ensures that all vulnerable populations are protected. No one is
excluded from it or can be discriminated against.
The bill ensures that resources are available for critical services.
It ensures that victims and their families have access to housing. It
ensures that investigations and prosecutions are more effective in
putting offenders away for a longer period of time. It ensures that
Native American women have access to justice on Indian land and in such
a way that prohibits offenders from getting off the hook.
I am disappointed that even some of our country's most influential
leaders--the ones who have the ability to move this legislation through
Congress and get it to the President's desk--have dismissed this House
bill. It is a responsible step forward, and I urge its support.
I reserve the balance of my time.
Mr. CONYERS. Madam Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman from Michigan is recognized
for 10 minutes.
Mr. CONYERS. Ladies and gentlemen of the House, the controlling
objective here is that, if we reject the substitute and, instead, adopt
the bipartisan and comprehensive Senate bill, the bill will go directly
to the President for his signature. So I rise in strong opposition to
the substitute and in support of the Senate bill, the Violence Against
Women Act of 2013.
Madam Speaker, I yield 30 seconds to the distinguished gentlelady
from Wisconsin (Ms. Moore).
Ms. MOORE. Madam Speaker, in a letter written by our friend and
colleague Tom Cole, a Member of Congress, he says that he does not
support the House substitute to VAWA because it does not adequately
recognize sovereignty or give them the tools that they need to combat
violence against women.
House of Representatives,
Washington, DC.
Why I'm Voting Against the House Substitute Amendment to S.
47
Dear Republican Colleague: I want to let you know why I
will vote against the House substitute to S. 47, the Violence
Against Women Act (``VAWA''). While the House substitute to
VAWA has improved tremendously over what this body passed
last Congress, it falls short of giving tribes what they need
to keep their women safe.
Unlike the Senate version, the House substitute fails to
recognize existing tribal sovereignty that is enshrined in
the Constitution by requiring tribes to seek DOJ
certification before exercising jurisdiction over non-Indian
offenders, and waives tribes' sovereign immunity. It doesn't
make sense to force tribes to abdicate part of their
sovereignty to exercise another part of their sovereignty.
Like most Republicans, I believe in moving control away
from the federal government towards local governments. Tribal
governments are local governments, and tribes do a good job
of taking care of tribal citizens when they have the
resources to do so. Tribes do not support the House
substitute to VAWA because it does not adequately recognize
sovereignty or give them the tools they need to combat
violence against Indian women. I trust the tribes to
understand their needs best, and that is why I will vote
against the House substitute and in favor of the Senate VAWA
bill, S. 47.
Sincerely,
Tom Cole,
Member of Congress.
Mr. CONYERS. I thank the gentlelady.
Members of the House, I was here in 1994 when the Violence Against
Women Act was introduced to provide critical lifesaving assistance for
women, children and men. This law has been the centerpiece of our
government's commitment to combating domestic violence, dating
violence, stalking, and sexual assault. The results have been striking:
In the nearly two decades since the landmark legislation was passed,
the rate of intimate partner violence against women has dropped by
nearly two-thirds. On two occasions since its enactment, Members of
both bodies have worked on a bipartisan basis to extend the Violence
Against Women Act's protections and to make necessary improvements.
[[Page H773]]
Unfortunately, in the last Congress, we weren't able to agree on a
bill, and the authorization was allowed to lapse. This month, the
Senate took the unique opportunity to pass strong bipartisan
legislation by a vote of 78-22--with all of the women in the Senate. It
incorporates years of analysis of the problem and the solutions
proposed by law enforcement and victim service providers. In my
judgment, it is much stronger.
I urge my colleagues to join with me, the 78 Senators, the President,
and the more than 1,300 organizations in supporting S. 47, the Violence
Against Women Act.
I reserve the balance of my time.
National Task Force to End Sexual and Domestic Violence
Against Women,
February 22, 2013.
Dear House Leaders: We, the undersigned local, state,
tribal, and national organizations, represent and support
millions of victims of domestic violence, dating violence,
sexual assault and stalking throughout the United States,
American Indian Tribal lands and U.S. Territories. On behalf
of the victims we represent, and the professionals who serve
them and the communities that sustain them, we ask that you
support the Violence Against Women Act's (VAWA)
reauthorization by bringing the recently-passed bipartisan
Senate VAWA (S.47) to the House floor for a vote as speedily
as possible. As you know, VAWA passed the Senate on Tuesday,
February 12 with a resounding bipartisan vote of 78-22 in
favor of an all-embracing bill that strives to address
violence for all victims in communities, homes, campuses and
workplaces all around the country.
VAWA's programs support national, state, tribal,
territorial, and local efforts to address the pervasive and
insidious crimes of domestic violence, dating violence,
sexual assault and stalking. These programs have made great
progress towards reducing the violence, helping victims to be
healthy and feel safe and holding perpetrators accountable.
This critical legislation must be reauthorized to ensure a
continued response to these crimes.
Since its original passage in 1994, VAWA has dramatically
enhanced our nation's response to violence against girls and
women, boys and men. More victims report domestic violence to
the police and the rate of non-fatal intimate partner
violence against women has decreased by 64%. The sexual
assault services program in VAWA helps rape crisis centers
keep their doors open to provide the front-line response to
victims of rape. VAWA provides for a coordinated community
approach, improving collaboration between law enforcement and
victim services providers to better meet the needs of
victims. These comprehensive and cost-effective programs not
only save lives, they also save money. In fact, VAWA saved
nearly $12.6 billion in net averted social costs in just its
first six years.
VAWA has unquestionably improved the national response to
these terrible crimes. Nonetheless, much work remains to be
done to address unmet needs and enhance access to protections
and services for all victims, including housing, campus
security, and addressing the needs of racial and ethnic
communities, tribal, immigrant and LGBT victims. We urge you
work with your colleagues in both parties as we all work to
build upon VAWA's successes, continue to enhance our nation's
ability to promote an end to this violence, to hold
perpetrators accountable and to keep victims and their
families safe from future harm. Thank you.
Sincerely,
National Organizations
1. 3 DVas, LLC
2. 9to5
3. Abortion Care Network
4. AFGE Women's/Fair Practices Departments
5. AFL-CIO
6. African Action on Aids
7. AFSCME
8. After The Trauma
9. Alianza--National Latino Alliance for the Elimination of
Domestic Violence
10. Alliant International University
11. American Association of University Women (AAUW)
12. American Baptist Women's Ministries, ABCUSA
13. American College Health Association
14. American Congress of Obstetricians and Gynecologists
15. American Dance Therapy Association
16. American Federation of Government Employees, AFL-CIO
17. American Federation of Labor-Congress of Industrial
Organizations
18. American Federation of State, County, and Municipal
Employees
19. American Federation of Teachers, AFL/CIO
20. American Humanist Association
21. American Postal Workers Union
22. American Psychiatric Association
23. American Psychological Association
24. American-Arab Anti-Discrimination Committee (ADC)
25. Americans for Immigrant Justice, Americans Overseas
Domestic Violence Crisis Center
26. Amnesty International USA
27. Anti-Defamation League
28. Asian & Pacific Islander American Health Forum
29. Asian & Pacific Islander Institute on Domestic Violence
30. Asian American Justice Center, member of Asian American
Center for Advancing Justice
31. Asian Pacific American Labor Alliance, AFL-CIO
32. Asian/Pacific Islander Domestic Violence Resource
Project
33. ASISTA Immigration Assistance
34. Association of Jewish Family & Children's Agencies
35. Association of Physicians of Pakistani Descent in N.
America (APPNA)
36. Bah'ais of the United States
37. Battered Mothers Custody Conference
38. Black Women's Health Imperative
39. Black Women's Roundtable
40. Break the Cycle
41. Business and Professional Women's Foundation
42. Casa de Esperanza: National Latin@ Network for Healthy
Families and Communities
43. Casa Esperanza
44. Center for Family Policy and Practice
45. Center for Partnership Studies
46. Center for Reproductive Rights
47. Center for Women Policy Studies
48. Central Conference of American Rabbis
49. Choice USA
50. Church Women United
51. Circle of 6 App
52. Clan Star
53. Clery Center for Security On Campus
54. Coalition of Labor Union Women
55. Coalition on Human Needs
56. Communications Workers of America
57. Communications Workers of America (CWA)
58. Community Action Partnership
59. cultureID
60. CWA National Women's Committee
61. Daughters of Penelope
62. Delta Sigma Theta Sorority
63. Dialogue on Diversity
64. Disciples Justice Action Network
65. Domestic Abuse intervention Programs
66. Domestic Violence Legal Empowerment and Appeals Project
(DV LEAP)
67. Elder Justice Coalition
68. Episcopal Church
69. Episcopal Women's Caucus
70. Expert Panel on violence, American Academy of Nursing
71. FaithTrust Institute
72. Falling Walls
73. Family Equality Council
74. Federally Employed Women (FEW)
75. Feminist Agenda Network
76. Feminist Majority
77. Feminist Peace Network
78. Freedom from Hunger
79. Friends Committee on National Legislation
80. Friends of Nabeela
81. Futures Without Violence
82. Gay & Lesbian Medical Association
83. General Board of Church & Society, United Methodist
Church
84. General Federation of Women's Clubs
85. George Washington University Law School
86. Girls Inc.
87. GLMA: Health Professionals Advancing LGBT Equality
88. GLSEN (Gay, Lesbian & Straight Education Network)
89. Hadassah, The Women's Zionist Organization of America,
Inc.
90. HIAS (Hebrew Immigrant Aid Society)
91. Hindu American Seva Communities
92. Human Rights Campaign
93. Indian Law Resource Center
94. Inspire Action for Social Change
95. Institute for Interfaith Activism
96. Institute for Science and Human Values
97. Institute on Domestic Violence in the African American
Community
98. IOFA
99. Jewish Council for Public Affairs
100. Jewish Labor Committee
101. Jewish Women International
102. Joe Torre Safe at Home Foundation
103. Labor Council for Latin American Advancement
104. League of United Latin American Citizens
105. Legal Momentum
106. LiveYourDream.org
107. Log Cabin Republicans
108. Media Equity Collaborative
109. Men Can Stop Rape
110. Mennonite Central Committee U.S. Washington Office
111. Men's Resources International
112. Methodist/Catholic
113. Mexican American Legal Defense and Educational Fund
114. Migrant Clinicians Network
115. MomsRising
116. Ms. Foundation for Women
117. Muslim American Society
118. Muslim Bar Association
119. Muslim Public Affairs Council
120. Muslims for Progressive Values
121. NAACP
122. NAPAFASA
123. National Advocacy Center of the Sisters of the Good
Shepherd
124. National Alliance to End Sexual Violence
125. National Asian Pacific American Bar Association
(NAPABA)
126. National Association of Commissions for Women (NACVV)
127. National Association of Hispanic Organizations
128. National Association of School Psychologists
[[Page H774]]
129. National Association of State Head Injury
Administrators
130. National Association of VOCA Assistance Administrators
131. National Center for Lesbian Rights
132. National Center for Transgender Equality
133. National Center for Victims of Crime
134. National Center on Domestic and Sexual Violence
135. National Clearinghouse for the Defense of Battered
Women
136. National Coalition Against Domestic Violence
137. National Coalition for LGBT Health
138. National Coalition of 100 Black Women
139. National Coalition of Anti-Violence Programs (NCAVP)
140. National Coalition on Black Civic Participation
141. National Committee for the Prevention of Elder Abuse
142. National Congress of American Indians
143. National Council for Jewish Education
144. National Council of Churches, USA
145. National Council of Jewish Women
146. National Council of Juvenile and Family Court Judges
147. National Council of the Churches of Christ in the USA
148. National Council of Women's Organizations
149. National Council on Independent Living
150. National Dating Abuse Helpline
151. National Domestic Violence Hotline
152. National Employment Law Project
153. National Fair Housing Alliance
154. National Family Justice Center Alliance
155. National Focus on Gender Education
156. National Gay and Lesbian Task Force Action Fund
157. National Hispanic Council on Aging
158. National Housing Law Project
159. National Indian Health Board
160. National Latina Institute for Reproductive Health
161. National Latina Psychological Association
162. National Latina/o Psychological Association
163. National Law Center on Homelessness & Poverty
164. National Network to End Domestic Violence
165. National Org of Asian Pacific Islanders Ending Sexual
Violence
166. National Organization for Men Against Sexism
167. National Organization for Women (NOW)
168. National Organization of Asian Pacific Islanders
Ending Sexual Violence
169. National Organization of Black Law Enforcement
Executives
170. National Organization of Sisters of Color Ending
Sexual Assault
171. National Partnership for Women & Families
172. National Research Center for Women & Families
173. National Resource Center on Domestic Violence
174. National Stonewall Democrats
175. National WIC Association
176. National Women's Health Network
177. National Women's Law Center
178. National Women's Political Caucus
179. Native American Indian Court Judges Association
180. Native American Indian Housing Council
181. NCAI
182. NCCE
183. NETWORK, A National Catholic Social Justice Lobby
184. NLPA
185. Nursing Network on Violence against Women
International
186. NVC Academy
187. One Woman's Voice
188. Our Bodies Ourselves
189. OWL--The Voice of Midlife and Older Women
190. Peaceful Families Project
191. PFLAG National
192. Rape Crisis Services
193. Rape, Abuse & Incest National Network (RAINN)
194. Reformed Church in America
195. Religious Coalition for Reproductive Choice
196. Rural Women's Health Project
197. Rural Womyn Zone
198. Ryan Immigration Law
199. Safe Kids International
200. Safe Nation Collaborative
201. Sargent Shriver National Center on Poverty Law
202. Sauti Yetu
203. School and College Organization for Prevention
Educators
204. Secular Woman
205. Self Empowerment Strategies
206. SER-Jobs for Progress National Inc.
207. Service Employees International Union
208. Share Time Wisely Consulting Services
209. Sisters of Color Ending Sexual Assault
210. Sisters of Mercy Institute Justice Team
211. Sojourners
212. South Asian Americans Leading Together (SAALT)
213. Spittin' Out the Pitts
214. Stonewall Democratic Club
215. SuhaibWebb.com
216. Survivors In Service
217. Tahirih Justice Center
218. Take Back The Night
219. The Episcopal Church
220. The Jewish Federations of North America
221. The Leadership Conference on Civil and Human Rights
222. The Line Campaign
223. The National Council on Independent Living
224. The National Resource Center Against Domestic Violence
225. The United Methodist Church, General Board of Church &
Society
226. Tribal Law and Policy Institute
227. UAW
228. Union for Reform Judaism
229. Union Veterans Council, AFL-CIO
230. Unitarian Universalist Association
231. United Church of Christ, Justice & Witness Ministries
232. United States Hispanic Leadership Institute
233. United Steelworkers
234. UniteWomen.org
235. US National Committee for UN Women
236. US women Connect
237. USAction
238. V-Day
239. Veteran Feminists of America
240. Victim Rights Law Center
241. Vital Voices Global Partnership
242. We Are Woman
243. Winning Strategies
244. Witness Justice
245. Women Enabled, Inc.
246. Women of Color Network
247. Women of Reform Judaism
248. Women, Action & the Media
249. Women's Action for New Directions
250. Women's Business Development Center
251. Women's Institute for Freedom of the Press
252. Women's International League for Peace and Freedom
253. Women's Media Center
254. Women's Resource Center
255. YWCA USA
256. Zonta
Alabama
1. Alabama Coalition Against Domestic Violence
2. Alabama--NOW
3. St Vincent's Hospital
4. The Hispanic Interest Coalition of Alabama (HICA)
Alaska
1. WOMEN IN SAFE HOME, INC
2. Native Village of Emmonak Women's Shelter
3. South Peninsula Haven House
4. Yup''ik Women's Coalition
5. YWCA Alaska
Arizona
1. Arizona Bridge to Independent Living
2. Arizona Coalition Against Domestic Violence
3. Arizona NOW
4. Arizona State University
5. Child Crisis Center Foundation
6. Community Alliance Against Family Abuse
7. Family LAW CASA
8. Hopi-Tewa Women's Coalition to End Abuse
9. Jewish Community Relations Council (Tucson)
10. M.U.J.E.R. Inc.
11. National Organization for Women--AZ
12. Phoenix/Scottdale NOW
13. Protecting Arizona's Family Coalition (PAFCO)
14. Southern Arizona Center Against Sexual Assault
15. Southwest Indigenous Women's Coalition
16. Yavapai Family Advocacy Center
17. Yup'ik Women's Coalition
Arkansas
1. Arkansas Coalition Against Domestic Violence
2. Arkansas Coalition Against Sexual Assault
3. Arkansas NOW
California
1. 9to5 Bay Area
2. 9to5 California
3. 9to5 Los Angeles
4. AAUW, Big Bear Valley Branch
5. Alliance Against Family Violence and Sexual Assault
6. Alliance Against Family Violence and Sexual Assault
7. Alliant International University
8. Antolino Family Wellness Center
9. Asia Pacific Cultural Center
10. Asian Law Caucus
11. Asian Pacific American Legal Center, Member of Asian
American Center for Advancing Justice
12. Bay Area Turning Point, Inc.
13. Bay Area Women's Center
14. CA Rural Indian Health Board, Inc.
15. California Coalition Against Sexual Assault
16. California Latinas for Reproductive Justice
17. California National Organization for Women
18. California Partnership to End Domestic Violence
19. California Protective Parents Association
20. California School of Professional Psychology
21. California School of Professional Psychology at Al
22. California Women Lawyers
23. CARECEN Los Angeles
24. Catalyst Domestic Violence Services
25. Catalyst Domestic Violence Services
[[Page H775]]
26. Center For A Non Violent Community
27. Center for the Pacific Asian Family
28. Central CA Coalition of Labor Union Women
29. Children's Institute, Inc.
30. Choices Domestic Violence Solutions
31. Clergy and Laity United for Economic Justice, Los
Angeles
32. Community Overcoming Relationship Abuse
33. County of Sacramento, Native American Caucus
34. C--VISA, Coachella Valley Immigration Service and
Assistance
35. Domestic Abuse Center
36. Domestic Violence Solutions for Santa Barbara County
37. DOVES in Natchitoches, LA
38. DOVES of Big Bear Lake, Inc.
39. End DV Counseling and Consulting
40. Episcopal Women's Caucus
41. Family Services of Tulare County
42. Forward Together
43. Freshwater Haven
44. Good Shepherd Shelter
45. Haven Hill, Inc
46. Haven Women's Center of Stan islaus
47. Hollywood Chapter of the National Organization for
Women
48. House of Ruth, Inc.
49. Humboldt County Domestic Violence Coordinating Council
50. Immigration Services of Mountain View
51. Institute for Multicultural Counseling and Education
Services (IMCES)
52. Instituto Para La Mujer
53. Inter-Tribal Council of California, Inc.
54. Lone Band of Miwok Indians
55. Jafri Law Firm
56. Jewish Community Relations Council
57. Jewish Family Service of Los Angeles
58. Jewish Federation of the Sacramento Region
59. L.A. Gay & Lesbian Center
60. La Casa de las Madres
61. La Jolla Band of Luiseno Indians
62. Law Students for Reproductive Justice
63. Marjaree Mason Center
64. Maya Chilam Foundation
65. MINDS--Medical Network Devoted to Service
66. Miracle Mile LA NOW
67. Monterey County Rape Crisis Center
68. MORONGO BASIN UNITY HOME
69. Mountain Crisis Services, Inc
70. National Coalition of 100 Black Women, San Francisco
Chapter
71. National Coalition of 100 Black Women, Silicon Valley
Chapter
72. National Council of Jewish Women, Sacramento Section
73. National Hispanic Media Coalition
74. Oakland County Coordinating Council against Domestic
Violence
75. OPCC
76. Option House, Inc.
77. Project: Peacemakers, Inc
78. Rainbow Community Cares
79. Rainbow Services, Ltd.
80. Sacramento Native American Health Center
81. Safe Alternatives to Violent Environments (SAVE)
82. Santa Fe Natl. Organization for Women
83. Sexual Assault/Domestic Violence Center
84. Shasta Women's Refuge
85. Shelter From the Storm
86. Sojourn Services For Battered Women And Their Children
87. South Asian Network (SAN)
88. Southern Indian Health Council, Inc.
89. STAND! for Families Free of Violence
90. Strong Hearted Native Women's Coalition, Inc
91. The Good Shepherd Shelter
92. Tri-Valley Haven
93. Valley Crisis Center
94. Victim Compensation and Government Claim Board
95. Violence Intervention Program
96. Wild Iris Women's Service in Bishop, Inc.
97. WOMAN, Inc
98. Women's and Children's Crisis Shelter, Inc.
99. Women's Center-High Desert, Inc.
100. Women's Crisis support--Defensa de Mujeres
101. WordsMatter.Episcopal Expansive Language Project
102. YWCA Glendale, CA
103. YWCA Greater Los Angeles
104. YWCA San Diego County
Colorado
1. 9to5 Colorado
2. Advocate Safehouse Project
3. Advocates Crisis Support services
4. Advocates for a Violence-Free Community
5. Advocates for Victims of Assault
6. Alamosa County Sheriffs Office
7. Alamosa Victim Response Unit
8. Alternatives to Violence, Inc.
9. Archuleta County Victim Assistance Program
10. Catholic Charities Diocese of Pueblo
11. Center on Domestic Violence
12. Colorado Anti-Violence Program
13. Colorado Coalition Against Domestic Violence
14. Colorado Coalition Against Sexual Assault
15. Colorado Coalition Against Sexual Assault (CCASA)
16. Colorado Mesa University Association of Feminists
17. Colorado Sexual Assault & Domestic Violence Center
18. Deaf Overcoming Violence through Empowerment
19. Domestic Safety Resource Center
20. Douglas County Task Force on Family Violence, Inc.
21. Dove Advocacy Services for Abused Deaf Women and
Children
22. Gateway Battered Women's Services
23. Gay-Straight Alliance, Colorado Mesa University
24. Gunnison County Law Enforcement Crime Victim Services
25. Gunnison County Sheriffs Office
26. Immigrant Legal Center of Boulder County
27. Justice & Mercy Legal Aid Clinic
28. Latina Safe House
29. Moving to End Sexual Assault (MESA)
30. NEWSED C.D.C.
31. NOW Colorado
32. Park County Sheriffs Office, Victim Services
33. Pueblo Rape Crisis Services
34. Rape Assistance and Awareness Program
35. RESPONSE: Help for Survivors of Domestic Violence and
Sexual Assault
36. Rocky Mountain Immigrant Advocacy Network
37. Rose Forensic & Treatment Services, LLC (Denver, CO)
38. San Luis Valley Immigrant Resource Center
39. San Luis Valley Victim Response Unit (Alamosa)
40. Servicios de La Raza
41. Sexual Assault Victim Advocate Center
42. SLV Regional Medical Center
43. TESSA of Colorado Springs
44. The Latina Safehouse
45. Tu Casa, Inc.
Connecticut
1. Beth El Temple Sisterhood
2. Betty Gallo & Company
3. Bridgeport Public Education Fund
4. Center for Women and Families--Bridgeport, CT
5. Center for Women and Families of Eastern Fairfield
County Connecticut
6. Connecticut Coalition Against Domestic Violence
7. Connecticut Sexual Assault Crisis Services
8. CT NOW
9. Hartford GYN Center
10. Local 530
11. Meriden-Wallingford Chrysalis, Inc.
12. New Haven Legal Assistance Association
13. Quinnipiac University
14. Safe Haven of Greater Waterbury
15. Sexual Assault Crisis Center of Eastern Connecticut,
Inc.
16. Susan B. Anthony Project, Inc.
17. The Center for Sexual Assault Crisis Counseling and
Education
18. The Center for Women and Families of Eastern Fairfield
County
19. United Services, Inc.
20. Women and Families Center
21. Women's Center of Greater Danbury, Inc.
22. YWCA Darien-Norwalk
23. YWCA Greenwich
24. YWCA Hartford Region
25. YWCA New Britain
District of Columbia
1. Ayuda
2. 51st State NOW
3. Community Action Partnership
4. DC Coalition Against Domestic Violence
5. District Alliance for Safe Housing (DASH)
6. Family Place
7. Freedom House
8. George Washington University Law School
9. Hispanic Federation
10. Human Rights Campaign
11. Lutheran Social Services
12. My Sister's Place DC
13. National Capital Area Union Retirees
14. National Organization for Women, Washington, DC Chapter
15. Ramona's Way
16. Safe Haven Ministries
17. SAGE Metro DC
18. Solutions Center
19. Survivors and Advocates for Empowerment (SAFE), Inc.
20. The Family Place
21. Turning Anger Into Change
22. William Kellibrew Foundation
23. Women's Information Network
24. YWCA National Capital Area
Delaware
1. ContactLifeline, Inc.
2. DE Coalition Against Domestic Violence
3. Delaware NOW
4. Delaware Opportunities, Safe Against Violence
5. Domestic Abuse Project of Delaware County
6. HelpLine of Delaware and Morrow County
7. National Coalition of 100 Black Women, Delaware Chapter
8. Sexual Assault Network of Delaware
9. Women's Resources of Monroe County, Inc.
Florida
1. Americans for Immigrant Justice, formerly Florida
Immigrant Advocacy Center
2. Betty Griffin House
3. Chain of Lake Achievers, Inc.
4. Children's Advocacy Center for Volusia and Flagler
Counties
5. Community Action Stops Abuse
6. Democratic Women's Club of Northeast Broward
7. DOVES, Lake County
8. Empowerment Christian Community Corp
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9. Enfamilia, Inc
10. Florida Consumer Action Network
11. Florida Council Against Sexual Violence
12. Florida Equal Justice Center
13. Florida National Organization for Women
14. Hispanic AIDS Awareness Program
15. Jacksonville Area Legal Aid, Inc.
16. Manatee Glens Rape Crisis Services
17. National Coalition for 100 Black Women, Polk County
Chapter
18. National Organization For Women, Bay County Chapter
19. National Organization for Women, Broward Chapter
20. Palm Beach County Victim Services and Rape Crisis
Center
21. Pinellas County Domestic Violence Task Force
22. Polk Co Women's Shelter
23. REACH / FCC
24. Safe Harbor Counseling, Inc.
25. South Florida CLUW chapter
26. The Haven of RCS
27. University of Miami School of Law Human Rights Clinic
28. UNO Immigration Ministry
29. West Pinellas National Organization for Women
30. Women's Center of Jacksonville
31. Women's Production Network, Inc.
32. YWCA Palm Beach County
Georgia
1. 9to5 Atlanta
2. 9to5 Atlanta Working Women
3. Angels Recovery & Spirituality
4. Atlanta Women's Center
5. C.O.T.T.A.G.E.Life Coaching, LLC
6. Caminar Latino, Inc.
7. Center for Pan Asian Community Services, Inc
8. Cherokee Family Violence Center
9. Defying the Odds, Inc
10. Faith House, Inc.
11. Georgia Coalition Against Domestic Violence
12. Georgia Mountain Women's Center, Inc.
13. Georgia Rural Urban Summit
14. Hospitality House for Women, Inc.
15. International Women's House
16. Jewish Family & Career Services, Atlanta, Georgia
17. Northwest Georgia Family Crisis Center
18. PADV Partnership Against Domestic Violence
19. Raksha, Inc
20. Ruth's Cottage
21. Safe Shelter
22. Sankofa Counseling Center
23. Sexual Assault Center of NWGA
24. Shalom Bayit Program of Jewish Family & Career Services
25. SpeakOut Georgia LBGT Anti-Violence
26. Support in Abusive Family Emergencies, Inc (S.A.F.E.)
27. Victim Services South Georgia Judicial Circuit
Guam
1. Guam Coalition Against Sexual Assault & Family Violence
Hawaii
2. AARP Chapter 60 Waikiki
3. AAUW, Honolulu women's coalition, others
4. American Congress of Obstetricians and Gynecologists,
Hawaii Section
5. Breasffeeding Hawaii
6. Catholic Charities Hawaii
7. Catholic Charities Hawaii
8. Child & Family Service--Hawaii
9. Community Alliance on Prisons
10. Domestic Violence Action Center Honolulu
11. Hawai'i Women's Coalition
12. Hawaii Commission on the Status of Women
13. Hawaii Rehabilitation Counseling Assoc.
14. Hawaii State Coalition Against Domestic Violence
15. Hawaii State Democratic Women's Caucus
16. Moloka'i Community Service Council
17. Parents And Children Together, A Family Service Agency
18. The Sex Abuse Treatment Center
19. Women Helping Women Lanai
20. YWCA Kauai
21. YWCA O'ahu
Idaho
1. Idaho Coalition Against Sexual & Domestic Violence
2. Idaho State Independent Living Council
3. Native Women's Coalition, Boise
4. United Action for Idaho
5. YWCA Lewiston-Clarkston
Iowa
1. Aging Resources
2. Center for Creative Justice
3. Centers Against Abuse & Sexual Assault
4. Crisis Center & Women's Shelter
5. Crisis Intervention & Advocacy Center
6. Des Moines NOW
7. DIAA/CSD
8. Domestic Violence Alternatives/Sexual Assault Center,
Inc.
9. Domestic Violence Intervention Program, Iowa
10. Family Resources
11. Iowa Citizen Action Network
12. Iowa Coalition Against Domestic Violence
13. Latinas Unidas por un Nuevo Amanecer (LUNA, Iowa)
14. Mid-Iowa SART
15. Monsoon United Asian Women of Iowa
16. Nisaa African Women's Project
17. Riverview Center
18. Rural Iowa Crisis Center
19. Seeds of Hope
Illinois
1. A Safe Place Domestic Violence Shelter
2. ADV & SAS
3. Apna Ghar, Inc. (``Our Home'')
4. Arab American Family Services
5. Between Friends--Chicago
6. Center on Halsted
7. Christ United Methodist Church, Rockford,IL
8. Citizen Action/Illinois
9. Crisis Center for South Suburbia
10. DuPage County NOW
11. Family Rescue, Inc.
12. Family Shelter Service
13. GLOBES
14. Guardian Angel Community Services
15. Hamdard Center for Health and Human services
16. HEART Women & Girls
17. Hearts of Hope
18. HOPE of East Central Illinois
19. Hospira
20. Illinois Coalition Against Domestic Violence
21. Illinois Coalition Against Sexual Assault
22. Illinois National Organization for Women
23. Jewish Child and Family Services
24. Jewish Federation of Metropolitan Chicago
25. Kankakee County Center Against Sexual Assault (KC-CASA)
26. Mercer County Family Crisis Center
27. Metropolitan Family Services
28. Mujeres Latinas en Accion
29. Mutual Ground, Inc.
30. National Council of Jewish Women Illinois State Policy
Advocacy Committee
31. Prairie Center Against Sexual Assault
32. Rainbow House Domestic Abuse Services, Inc.
33. Rape Victim Advocates
34. Riverview Center
35. Rockford Sexual Assault Counseling
36. Safe Harbor Family Crisis Center
37. Sarah's Inn
38. Sexual Health Peers of the University of Illinois
39. Sojourn Shelter & Services, Inc
40. South Suburban Family Shelter
41. Streamwood Police Department
42. The Center for Prevention of Abuse
43. Vermilion County Rape Crisis Center
44. Violence Prevention Center of Southestem IL
45. Violence Prevention Center of Southwestern IL
46. VOICE Sexual Assault Services
47. VOICES DV Stephenson County
48. WINGS Program, Inc.
49. WIRC-CAA Victim Services
50. YWCA Elgin
51. YWCA Evanston North Shore
52. YWCA Kankakee
53. YWCA McLean County
54. YWCA Metropolitan Chicago
55. YWCA Rockford
56. YWCA Sauk Valley
57. Zacharias Sexual Abuse Center
Indiana
1. Alcohol and Addictions Resource Center
2. Franciscan Physician Alliance
3. Indiana Coalition Against Domestic Violence
4. Indiana Legal Services Organization
5. Legal Aid--District 11
6. National Coalition of 100 Black Women, Indianapolis
Chapter
7. Peace Over Violence
8. Praxis Advisors
Kansas
1. Family Life Center of Butler County
2. Harvey County DV/SA Task Force, Inc
3. Kansas Coalition Against Sexual and Domestic Violence
4. SAFEHOME, Kansas
5. SKIL Resource Center Inc.
Kentucky
1. Barren River Area Safe Space, Inc.
2. Bethany House Abuse Shelter, Inc.
3. Bluegrass Domestic Violence Program
4. Center for Women and Families
5. Doves of Gateway
6. Hope's Place
7. Kentucky Association of Sexual Assault Programs
8. Kentucky NOW
9. Kentucky Coalition for Immigrant and Refugee Rights
10. Kentucky Domestic Violence Association
11. MensWork: eliminating violence against women, inc
12. Safe Harbor of NE KY
13. The Center for Women and Families
14. The Mary Byron Project
15. UAW 862
16. University of Louisville PEACC Program
17. Women's Crisis Center
Louisiana
1. Council on Alcoholism and Drug Abuse of NW LA
2. Jeff Davis Communities Against Domestic Abuse CADA
3. LGBT Community Center of New Orleans
4. Louisiana Coalition Against Domestic Violence
5. Louisiana Foundation Against Sexual Assault
6. Louisiana NOW
7. National Council of Jewish Women, Louisiana State Policy
Advocacy Chair
8. New Orleans Family Justice Center
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9. New Orleans NOW
10. Project Celebration Inc.
Maine
1. Maine Coalition to End Domestic Violence
2. Maine People's Alliance
3. NCJW, Southern Maine Section
4. New Hope For Women
5. Safe Passage
6. Spruce Run Association
7. YWCA MDI
Maryland
1. A Woman's Place
2. Anne Arundel County NOW
3. Baltimore Jewish Council
4. Circle of Hope
5. Clearinghouse on Women's Issues
6. Collaborative Project of Maryland
7. Downtown Bethesda Condo Assn
8. Family Crisis Center, Inc.
9. Family Crisis Services
10. First Step, Inc.
11. Global Connections
12. Johns Hopkins Technology Transfer
13. La Voz Latina
14. Maryland Commission for Women
15. Maryland National Organization for Women
16. Maryland Network Against Domestic Violence
17. Men On The Move
18. Minara Fellowship
19. Montgomery County Commission for Women
20. Nursing Students for Reproductive Health and Justice at
Johns Hopkins University
21. Parent-Child Center
22. Progressive Maryland
23. Ryan Immigration Law
24. SAFE Harbor Inc.
25. Safe Journey
26. SafeCenter
27. Woman's Place
28. YWCA Greater Baltimore
Massachusetts
1. Aging and Disability Resource Consortium of the Greater
North Shore (ADRCGNS)
2. Boston Area Rape Crisis Center
3. Boston University Civil Litigation Program
4. Broward Women's Emergency Fund
5. Cape Organization for Rights of the Disabled
6. Coalition for Social Justice
7. Everywoman's Center
8. Greater Boston Legal Services, Inc.
9. Independent Living Center of the North Shore & Cape Ann,
Inc.
10. Jane Doe Inc., The Massachusetts Coalition Against
Sexual Assault and Domestic Violence
11. Jeanne Geiger Crisis Center
12. Jewish Alliance for Law and Social Action (JALSA)
13. MataHari: Eye of the Day
14. Men's Resources International
15. Safe Havens Interfaith Partnership Against Domestic
Violence
16. The Network/La Red
17. The Second Step
18. Turning Point, Inc.
19. YWCA Malden
20. YWCA Western MA
Michigan
1. ACCESS Social Services
2. Cadillac Area OASIS/Family Resource Center
3. Council on American Islamic Relations (CAIR), Michigan
4. Detroit Minds and Hearts
5. Domestic And Sexual Abuse Services, MI
6. EVE (End Violent Encounters)
7. HAVEN--Live Without Fear
8. Islamic Association of Greater Detroit
9. Michigan Citizen Action
10. Michigan Coalition to End Domestic and Sexual Violence
11. Michigan Muslim Community Council, United Way for
Southeastern Michigan
12. Muslim Community of Western Suburbs
13. National Coalition of 100 Black Women, Detroit Chapter
14. National Council of Jewish Women, MI State Policy
Advocate Chair
15. SASHA Center
16. Shelters, Inc.
17. The Center for Women in Transition
18. The Underground Railroad, Inc.
19. U of M-Dearborn Student Philanthropy Council
20. Wayne County Chapter, National Organization for Women
21. Wayne State University
22. Women's Aid Service, Inc.
23. Women's Resource Center for the Grand Traverse Area
24. YWCA Greater Flint
25. YWCA Kalamazoo
26. YWCA West Central Michigan
Minnesota
1. Anna Marie's Alliance
2. Battered Women's Legal Advocacy Project
3. Bridges to Safety
4. Center for Policy Planning and Performance
5. Central MN Sexual Assault Center
6. Committee Against Domestic Abuse, Inc.
7. Cornerstone Advocacy Service MN
8. Day One of Cornerstone
9. Domestic Abuse Project
10. First Nations Coalition, Moorhead
11. Hands of Hope Resource Center
12. HOPE Center
13. Immigrant Law Center of Minnesota
14. Jewish Community Action
15. Mending the Sacred Hoop
16. Minnesota Coalition Against Sexual Assault
17. Minnesota Coalition for Battered Women
18. Minnesota Indian Women's Resource Center
19. Minnesota NOW
20. New Hope for Women
21. OutFront Minnesota
22. Pathways of West Central MN, Inc.
23. Pearl Crisis Center
24. Program for Aid to Victims of Sexual Assault
25. Range Women Advocates of Minnesota
26. Safe Haven
27. SARA-Goodhue SMART
28. SCSU Women's Center
29. Sexual Assault Program of Beltrami, Cass & Hubbard
Counties
30. The People's Press Project
31. Volunteer Lawyers Network
32. WINDOW Victim Services
33. Women's Business Development Center
Mississippi
1. Jackson Engineering Womens League (JEWL)
2. Jackson NOW
3. Mississippi Coalition Against Domestic Violence
4. Mississippi NOW
5. Mississippi Women Are Representing (WAR)
6. Missouri Coalition Against Domestic and Sexual Violence
7. MS Coalition Against Sexual Assault
8. National Coalition of 100 Black Women, Northeast
Mississippi Chapter
9. Rape Crisis Center, Catholic Charities, Inc.
Missouri
1. Buchanan County Prosecutor's Office
2. Kansas City Anti-Violence Project
3. Metropolitan Organization to Counter Sexual Assault
(MOCSA)
4. Missouri NOW
5. Missouri Progressive Vote Coalition
6. Missouri Women's Network
7. National Council of Jewish Women--St. Louis Section
8. National Council of Jewish Women, Missouri State Policy
Advocacy Chair
9. YWCA St. Joseph (MO)
Montana
1. Domestic and Sexual Violence Services (DSVS) of Carbon
County Montana
2. DSVS Red Lodge, MT
3. Ft. Belknap Domestic Violence Program
4. HAVEN
5. Missoula County Crime Victim Advocate Program
6. Missoula County Department of Grants and Community
Programs
7. Montana Coalition Against Domestic and Sexual Violence
8. Montana National Organization for Women
9. Montana Native Women's Coalition
10. Montana State Coalition Against Domestic and Sexual
Violence
11. NARAL Pro-Choice Montana
12. Red Lodge DSVS
13. Three Rivers Defense
14. Violence Free Crisis Line/Abbie Shelter
15. YWCA Missoula
Nebraska
1. Family Violence Council
2. National Organization for Women--Nebraska
3. Nebraska Domestic Violence Sexual Assault Coalition
4. Winnebago Domestic Violence Program
5. Winnebago Tribe of Nebraska Domestic Violence
Intervention Family Preservation Program
Nevada
1. Clark County District Attorney Victim Witness Assistance
Center
2. Nevada Network Against Domestic Violence
3. S.A.F.E. House, NV
4. Safe Nest
5. Sexual Assault Response Advocates, Inc.
6. Volunteer Attorneys for Rural Nevadans
New Hampshire
1. Bridges: Domestic & Sexual Violence Support
2. Crisis Center of Central New Hampshire
3. New Beginnings Without Violence and Abuse
4. New Hampshire Citizens Alliance for Action
5. New Hampshire Coalition Against Domestic and Sexual
Violence
6. Sexual Assault Support Services
7. Starting Point: Services for Victims of Domestic &
Sexual Violence
8. Support Center at Burch House
9. Voices Against Violence
New Jersey
1. Center for Family Services SERV
2. Cherry Hill Women's Center
3. Coalition Against Rape and Abuse, Inc.
4. CWA 1032
5. Greater NJ CLUW
6. IFPTE Local 194, AFL-CIO
7. Manavi
8. Morris County Sexual Assault Center
9. National Council of Jewish Women Concordia Section NJ
10. National Council of Jewish Women, Jersey Hills Section
11. National Council of Jewish Women, New Jersey State
Policy Advocacy Network
12. Nat'l Council of Jewish Women, Central Jersey Section
13. New Jersey Citizen Action
14. New Jersey Coalition Against Sexual Assault
15. New Jersey Tenants Organization
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16. NJ Coalition for Battered Women
17. NJ State Industrial Union Council
18. Partners for Women and Justice
19. Safe in Hunterdon
20. South Jersey NOW--Alice Paul Chapter
21. St. Francis Counseling Service
22. UFCW, Local 888
23. Unchained At Last
24. Womanspace, Inc.
25. Women of Color and Allies Essex County NOW Chapter
26. Youth Development Clinic
27. YWCA Bergen County
28. YWCA Central New Jersey
29. YWCA Eastern Union County
30. YWCA Princeton
31. YWCA Trenton
New Mexico
1. Arise Sexual Assault Services
2. Center for Nonviolent Communication
3. Center of Protective Environment, Inc. (COPE)
4. Coalition to Stop Violence Against Native Women,
Albuquerque
5. Community Against Violence, Inc.
6. Enlace Comunitario
7. Gila Regional Medical Center SANE
8. New Mexico Asian Family Center
9. New Mexico Coalition Against Domestic Violence
10. New Mexico Coalition of Sexual Assault Programs, Inc.
11. New Mexico NOW
12. New Mexico Voices for Children
13. New Mexico Women's Agenda
14. SANE of Otero & Lincoln County
15. Sexual Assault Services of NW New Mexico
16. Silver Regional Sexual Assault Support Services
17. Solace Crisis Treatment Center
18. Southern New Mexico Human Development, INC
19. Southwest Counseling Center
20. Taos SANE at Holy Cross Hospital
21. Tewa Women United, Santa Cruz
22. Valencia Counseling Service Inc.
New York
1. African Services Committee
2. Albany Law School
3. Arab American Association of New York
4. BIBLE FELLOWSHIP PENTECOSTAL ASSEMBLY OF NY INC.
5. Catholic Charities of Chenango County
6. Citizen Action of New York
7. Committee on the Status of Women
8. COPO (COUNCIL OF PEOPLE ORGANIZATION)
9. Crime Victim and Sexual Violence Center
10. Crime Victim Center of Erie County
11. CWA 1032
12. Domestic Harmony
13. Fordham Prep School
14. Hispanic United of Buffalo
15. In Our Own Voices
16. Legal Aid Society of Rochester, Inc.
17. Liberty House of Albany, Inc.
18. Local 301
19. Los Ninos Services INC
20. National Coalition of 100 Black Women, Long Island
Chapter
21. National Council of Jewish Women, Greater Rochester
Section
22. Nassau County Coalition Against Domestic Violence
23. National Council of Jewish Women NY
24. National Council of Jewish Women, Westbury
25. National Organization for Women--New York City
26. National Organization for Women New York State Young
Feminist Task Force
27. National Organization for Women, Greater Rochester
Chapter
28. National Organization for Women, NYC
29. New York Board of Rabbis
30. New York City Anti-Violence Project
31. New York State Coalition Against Domestic Violence
32. New York State Coalition Against Sexual Assault
33. Safe Homes of Orange County
34. SAFER--Survivors Advocating For Effective Reform
35. Sanctuary for Families
36. SEPA Mujer
37. Sojourner House
38. The Family Center
39. Turning Point for Women and Families
40. Unity House of Troy
41. Vera House, Inc.
42. VIBS Family Violence and Rape Crisis Center
43. Victim Resource Center of the Finger Lakes, Inc.
44. Victims Information Bureau of Suffolk
45. Violence Intervention Program
46. Women In Need
47. Wyckoff Heights Medical Center--Violence Intervention
and Treatment Program
48. YWCA Adirondack Foothills
49. YWCA Binghamton & Broome County
50. YWCA Brooklyn
51. YWCA City of New York
52. YWCA Cortland
53. YWCA Elmira & The Twin Tiers
54. YWCA Genesee County
55. YWCA Jamestown
56. YWCA Mohawk Valley
57. YWCA New York City
58. YWCA Niagra
59. YWCA Orange County
60. YWCA Queens
61. YWCA Rochester & Monroe County
62. YWCA Schenectady
63. YWCA Syracuse & Onondaga County
64. YWCA Tonawandas
65. YWCA Troy-Cohoes
66. YWCA Ulster County
67. YWCA Western New York
68. YWCA White Plains/Westchester
69. YWCA Yonkers
North Carolina
1. Charlotte NOW
2. Chrysalis Network
3. Crisis Council, Inc.
4. Families Living Violence Free
5. Family Crisis Council
6. Family Service of the Piedmont
7. Mitchell County SafePlace Inc
8. Muslim American Society of Charlotte
9. National Organization for Women, Fayetteville, NC
10. National Organization for Women, North Carolina Chapter
11. National Organization for Women, Raleigh Chapter
12. NC Coalition Against Sexual Assault
13. North Carolina Coalition Against Domestic Violence
14. OASIS, Inc.
15. YWCA Central Carolinas
North Dakota
1. First Nations Women's Alliance
2. ND Council on Abused Women's Services
3. Spirit Lake Victim Assistance
Ohio
1. Abuse & Rape Crisis Shelter, Warren County
2. Abuse Prevention Council
3. Artemis Center
4. Asha-Ray of Hope
5. Belmont Community Hospital
6. Cleveland Rape Crisis Center
7. COMPASS Rape Crisis
8. Every Woman's House
9. Forbes House
10. Islamic Center of Greater Cincinnati
11. Islamic Education Council
12. Mount Carmel Crime & Trauma Assistance Program
13. Muslim Mothers Against Violence
14. National Coalition of 100 Black Women Central Ohio
Chapter
15. Nirvana Now!
16. Ohio NOW
17. Ohio Alliance to End Sexual Violence
18. Ohio Domestic Violence Network
19. OhioHealth
20. Open Arms Domestic Violence and Rape Crisis Services
21. Otterbein University
22. ProgressOhio
23. Rape Crisis Center of Medina and Summit Counties
24. Salaam Cleveland
25. Sexual Abuse Prevention Awareness Treatment Healing
Coalition of NWO
26. Sexual Assault Response Network of Central Ohio
27. Sinclair Community College--Domestic Violence Task
Force
28. Someplace Safe
29. The Domestic Violence Shelter, Inc. Richland County,
Ohio
30. The SAAFE Center (rape crisis center)
31. The Sexual Assault Response Network of Central Ohio
32. Trumbull County Democratic Women's Caucus
33. Upper Ohio Valley Sexual Assault Help Center
34. Violence Free Coalition
35. West Ohio Annual Conference Team on Domestic Violence &
Human Trafficking
36. WomenSafe
37. YWCA Dayton
38. YWCA Greater Cincinnati
39. YWCA Hamilton
40. YWCA Youngstown
Oklahoma
1. Community Crisis Center of Northeast Oklahoma
2. Family Crisis & Counseling Center, Inc.
3. Family Shelter of Southern Oklahoma
4. Native Alliance Against Violence, Oklahoma City
5. OK Coalition Against Domestic Violence and Sexual
Assault
6. Oklahoma Coalition Against Domestic Violence and Sexual
Assault
7. Tulsa Immigrant Resource Network, University of Tulsa
College of Law
8. Univ. of Tulsa College of Law
9. YWCA Oklahoma City
10. YWCA Tulsa
Oregon
1. Clackamas Women's Services
2. Jackson County SART
3. Mary's Place Supervised Visitation & Safe Exchange
Center
4. OCADSV
5. Oregon Action
6. Portland Store Fixtures
7. Saving Grace
8. VOA Oregon--Home Free
Pennsylvania
1. Alice Paul House
2. Alle-Kiski Area HOPE Center, Inc.
3. Alliance Against Domestic Abuse
4. Berks Women in Crisis
5. Bloomsburg University
6. Bucks County NOW
7. Bucks County Women's Advocacy Coalition
8. Business & Professional Women's Federation of
Pennsylvania
9. CAPSEA, Inc.
10. Centre Co. Women's Resource Center
11. Clinton County Women's Center
12. Crime Victims Center of Fayet County
13. Crime Victims Council of the Lehigh Valley, Inc.
14. Domestic Violence Center of Chester County
15. Franklin/Fulton Women In Need
16. HIAS Pennsylvania
17. International Association of Counselors & Therapists
[[Page H779]]
18. Just Harvest
19. Keystone Progress
20. Laurel-House
21. Libertae, Inc.
22. Ni-Ta-Nee NOW
23. Northeast Williamsport NOW
24. Pa Democratic State Committee, Elected Member
25. PA Immigrant & Refugee Women's Network (PAIRWN)
26. PathWays PA
27. PCADV
28. Penn Action
29. Pennsylvania Coalition Against Domestic Violence
30. Pennsylvania Coalition Against Rape
31. Pennsylvania Council of Churches
32. Pennsylvania NOW
33. Philadelphia Coalition of Labor Union Women
34. Philadelphia Women's Center
35. Safehouse Crisis Center, Inc.
36. Soroptimist International of Bucks County
37. Squirrel Hill NOW
38. Survivors Inc
39. Susquehanna County Victim Services
40. The Abuse Network
41. The Women's Center, Inc. of Columbia/Montour Counties
42. Victim Services Inc.
43. Wise Options/YWCA Northcentral PA
44. Women Against Abuse
45. Women In Transition
46. Women Services Inc.
47. Women's Law Project
48. Women's Resource Center
49. Women's Services, Inc
50. WOMEN'S WAY
51. YWCA Bradford
52. YWCA Dutchess County
53. YWCA Lancaster
54. YWCA Northcentral PA/Wise Options
55. YWCA Victims' Resource Center
56. YWCA York
Rhode Island
1. DVRCSC
2. National Council of Women RI
3. Ocean State Action
4. Olneyville Neighborhood Association
5. Rhode Island Coalition Against Domestic Violence
6. Rhode Island NOW
7. The Center for Sexual Pleasure and Health
8. Turning Point
9. Women's Medical Center of Rhode Island
South Carolina
1. Appleseed Legal Justice Center
2. Safe Harbor
3. Sexual Assault Counseling and Information Service
4. South Carolina Coalition Against Domestic Violence and
Sexual Assault
South Dakota
1. South Dakota Coalition Ending Domestic & Sexual Violence
2. Native American Community Board, Lake Andres
3. Native Women's Society of the Great Plains, Timber Lake
4. White Buffalo Calf Woman Society, Mission
5. Wiconi Wawokiya, Inc., Fort Thompson
6. Sisseton-Wahpeton Oyate
7. Oglala Sioux Tribe Victim Services
Tennessee
1. Abuse Alternatives, Inc.
2. Local 365
3. Muslim Community of Knoxville
4. National Coalition of 100 Black Women, Chattanooga
Chapter
5. Tennessee Citizen Action
6. Tennessee Coalition to End Domestic and Sexual Violence
7. United South and Eastern Tribes, Inc.
8. YWCA Nashville & Middle Tennessee
Texas
1. American Gateways
2. Artemis Justice Center
3. Casa de Esperanza
4. Casa de Proyecto Libertad
5. Catholic Charities of Dallas
6. Citizens Against Violence, Inc.
7. Concho Valley Rape Crisis Center
8. Daya Inc.
9. Fort Bend County Women's Center
10. Harris County Domestic Violence Coordinating Council
11. Hospitality House, INC.
12. Human Rights Initiative of North Texas, Inc.
13. Islamic Association of the Mid-Cities
14. Montrose Counseling Center
15. National Council of Jewish Women, Texas State Policy
Advocacy Network
16. New Beginning Center
17. North Dallas Chapter of the National Organization for
Women
18. Our Lady. Of the Lake University
19. Promise House, Inc.
20. Refugio del Rio Grande
21. SafePlace
22. Sam Houston State University
23. Sexual Assault Resource Center of the Brazos Valley
24. Sun City Democratic Club
25. Sun City/West Valley NOW
26. Texas Council on Family Violence
27. Texas Muslim Women's Foundation
28. The Family Place, Dallas TX
29. Travis County Attorney's Office
30. TX Association Against Sexual Assault
31. Women's Shelter of South Texas
32. YWCA Fort Worth & Tarrant County
U.S. Virgin Islands
1. Women's Coalition of St. Croix
Utah
1. Enriching Utah Coalition
2. Holy Cross Ministries
3. Icarus Group
4. Latin American Chamber of Commerce of Salt Lake City
5. National Council of Jewish Women Utah State Policy
Advocacy Chair
6. NCJW, Utah Section
7. PERRETTA LAW OFFICE
8. Salt Lake Family Health Center
9. Utah Assistive Technology Foundation
10. Utah Coalition Against Sexual Assault
11. Utah Domestic Violence Council
12. Utah Women's Lobby
13. West Valley City Victim Services
14. YWCA Salt Lake City
Vermont
1. Circle--VT
2. Clarina Howard Nichols Center
3. Finding Our Voices
4. RU12 Community Center
5. Vermont Center for Independent Living
6. Vermont Council on Domestic Violence
7. Vermont Legal Aid, Inc.
8. Vermont Network Against Domestic and Sexual Violence
9. Voices Against Violence/Laurie's House
Virginia
1. American Postal Workers Union
2. Center For Behavioral Change, P.C.
3. Domestic Violence Action Center
4. DOVES of Big Bear Valley, Inc
5. Dream Project Inc.
6. Fredericksburg NOW
7. Healthy Mothers Healthy Babies
8. NARAL Pro-Choice Virginia
9. National Organization for Women, Alexandria, VA Chapter
10. National Organization for Women, Virginia Chapter
11. Prince George's Crime Victim's Fund
12. S.H.A.R.E., Inc.
13. Transitions
14. Trinity Episcopal Church
15. Virginia Anti-Violence Project
16. Virginia Sexual and Domestic Violence Action Alliance
17. YWCA Central Virginia
18. YWCA DVPC
19. YWCA Greater Harrisburg
Washington
1. African Communities Network
2. ALLYSHIP
3. API Chaya
4. Cambodian Women Networking Association
5. Compass Housing Alliance
6. CIELO Project
7. King County Coalition Against Domestic Violence
8. LGO Consulting
9. Local 242
10. Lummi Nation Victims of Crime Program
11. National Council of Jewish Women, Seattle Section
12. National Council of Jewish Women, Washington State
Policy Advocacy Chair
13. Navos Mental Health Solutions
14. NCJW Seattle section
15. New Beginnings
16. Northwest Immigrant Rights Project
17. Seattle NOW
18. Support, Advocacy & Resource Center
19. Tacoma Women of Vision NGO
20. WA State National Organization for Women
21. Washington Coalition of Sexual Assault Programs
22. Washington Community Action Network
23. Washington State Coalition Against Domestic Violence
24. Women Spirit Coalition, Olympia
25. YWCA Bellingham
26. YWCA Clark County
27. YWCA Kitsap County
28. YWCA Pierce County
29. YWCA Seattle/King/Snohomish
30. YWCA Spokane
31. YWCA Walla Walla
32. YWCA Yakima
33. Zonta Club of Yakima Valley
West Virginia
1. Branches Domestic Violence Shelter, Inc.
2. CHANGE Inc./The Lighthouse
3. CONTACT Huntington
4. Direct Action Welfare Group (DAWG)
5. Family Crisis Intervention Center
6. Family Refuge Center
7. Kanawha County Victim Services Center
8. Northern West Virginia Center for Independent Living
9. Rape & Domestic Violence Information Center, Inc.
10. Rape and Domestic Violence Information Center
11. Shenandoah Women's Center, Inc.
12. West Virginia Citizen Action Group
13. West Virginia Coalition Against Domestic Violence
14. West Virginia Foundation for Rape Information and
Services
15. Women's Aid in Crisis
16. WV Coalition Against Domestic Violence
17. WV NOW
18. YWCA Charleston WV
19. YWCA Wheeling
Wisconsin
1. 9to5 Milwaukee
2. American Indians Against Abuse
3. Asha Family Services, Inc.
4. Beloit Domestic Violence Center
5. Bolton Refuge House, Inc.
6. Bridge to Hope
7. Center Against Sexual & Domestic Abuse, Inc.
[[Page H780]]
8. Citizen Action of Wisconsin
9. Community Immigration Law Center
10. Daystar, Inc.
11. DCY Dubuque Domestic Violence Program
12. Golden House
13. Green Haven Family Advocates
14. Harbor House Domestic Abuse Programs
15. HELP of Door County, Inc.
16. Hmong American Women's Association
17. Hope House of South Central Wisconsin
18. IndependenceFirst
19. Jewish Community Relations Council, Milwaukee Jewish
Federation
20. Manitowoc County Domestic Violence Center
21. New Horizons Shelter and Outreach Centers, Inc.
22. People Against Domestic and Sexual Abuse (PADA)
23. People Against Violent Environment
24. Personal Development Center, Inc.
25. Red Cliff Band of Lake Superior Chippewa Indians
26. Red Cliff Family Violence Prevention Program
27. Safe Harbor of Sheboygan County, Inc.
28. Sojourner Family Peace Center
29. St. Agnes Hospital Domestic Violence Program
30. The Bridge to Hope
31. The Women's Center, Inc.
32. Tri-County Council on Domestic Violence and Sexual
Assault, Inc.
33. Tri-County Mental Health and Counseling
34. Tri-Valley Haven
35. UNIDOS Against Domestic Violence
36. United Migrant Opportunity Services
37. Uniting Three Fires Against Domestic Violence, Saulte
Ste. Marie
38. Wisconsin Coalition Against Domestic Violence
39. Wisconsin Coalition Against Sexual Assault
40. Wisconsin Coalition of Independent Living Centers
41. Wisconsin Community Fund
42. Wisconsin NOW
43. Women and Children's Horizons
44. YWCA Greater Milwaukee
45. YWCA Green Bay
46. YWCA Madison
47. YWCA Rock County
48. YWCA Southeast Wisconsin
Wyoming
1. Gillette Abuse Refuge Foundation
2. Wyoming Coalition Against Domestic Violence and Sexual
Assault
3. Sacred Shield dv/sa program
Mrs. McMORRIS RODGERS. Madam Speaker, I am pleased to yield 2 minutes
to the chair of the Women's Policy Committee, the gentlelady from North
Carolina (Mrs. Ellmers).
Mrs. ELLMERS. Thank you to my colleague, who has done such a
wonderful job on this issue.
I rise today in support of the House substitution to the Violence
Against Women Act, and I urge my colleagues in the House to vote
``yes'' on it as well.
Every now and then here in the House, rather than speaking about
issues of cutting budgets and talking about issues that many people
don't think affect them directly, we have the distinct opportunity to
hold everyone up and to fight for a cause for women, for men, for
families, for children. This is one of those times in which we are not
necessarily talking about policy but we are talking about people. This
is a very, very real issue, and it has strong bipartisan support so
that we may move forward on these issues and take this off the table.
However, when we're talking about the Senate version and when we're
talking about the House version, in my opinion, the House version is
superior to the Senate version because it holds up all people. It does
not segment individuals into certain groups and subcategories. It is
all-inclusive. Violence across this country is pervasive. Women across
this country are in families that they are trying to protect, and they
feel the necessity to reach out, and we must help them.
I know there are many in this House who believe that there is not a
Federal nexus on this issue. However, let's talk about the times that
we might have Internet stalking across State lines. That becomes a
Federal nexus. We must protect all victims. We must protect the victims
of tribal violence as well, and I believe the House version is superior
to the Senate version in that area as well.
Madam Speaker, this is a very, very important issue, and I urge my
colleagues to follow along and, again, to vote ``yes'' on this
amendment.
Mr. CONYERS. I am pleased to yield 2 minutes to the former chair of
the Subcommittee on the Constitution on the House Judiciary Committee,
the gentleman from New York, Jerry Nadler.
Mr. NADLER. I thank the gentleman for yielding.
Madam Speaker, this bill is about women. It is about our sisters and
daughters. It is about combating violence that no human being should
ever face--rape, assault, sexual assault, human trafficking.
By offering an amendment that will further delay and even endanger
the passage of the bill, Republicans are not just standing up for the
men who abuse immigrants or for the men who rape Native Americans; they
are delaying justice and counseling and health care and protection for
everyone. The Republican amendment would roll back protections for
immigrants who are victims of domestic abuse by making it harder to
obtain U visas. The new restrictions would deter undocumented
immigrants from reporting assaults and from cooperating with police,
leaving victims vulnerable.
The bipartisan Senate bill would add sexual orientation and gender
identity to the eligibility for grant programs under VAWA, and it would
include sexual orientation and gender identity as classes. The
Republican amendment, by deleting these provisions, appears to say, if
you are gay or lesbian or bisexual or transgender, it's okay to beat
you up, that VAWA will not help you. This is the Republican idea of
equality in the 21st century.
{time} 1100
Approval of the Republican amendment would delay the bill for weeks
or months, or even kill the bill altogether, as it did in the last
Congress. I hope that is not the true motive behind the amendment.
However, the fact that Republicans in Congress have been waging a war
on women from the moment they took over control of the House does make
you wonder.
It is time to reject this cynical ploy and pass the Senate's
bipartisan Violence Against Women Act reauthorization now without
amendment. I ask my colleagues to join me in voting against the
Republican amendment and for the Senate bill. We don't need a
retrogressive House bill that goes back on existing protections and
endangers passage of any bill. The Senate did a fine job on a
bipartisan basis. We should pass its bill without delay and not engage
in partisan retrogressive conduct.
Friends of VAWA Coalition Calls on the House to Defeat the Substitute
to S. 47 and Pass the Bipartisan Senate Bill
Washington, DC--The 73 undersigned national organizations
issued the following statement opposing the House Republican
substitute for the bi-partisan Senate bill (S. 47), Violence
Against Women Act (VAWA), which includes provisions to
protect vulnerable communities, including Native American
women, college students, and LGBT individuals:
The House Republican Leadership's bill puts a barrier to
the protection of victims of domestic violence, dating
violence, sexual assault, and stalking. Conversely, the
Senate version of VAWA, which was adopted with strong
bipartisan support (78-22), addresses gaps in current service
programs that left Native American women, college students,
LGBT individuals, and other vulnerable groups without vital
protections.
Today, House Republican Leadership will offer a substitute
to the bipartisan Senate version of VAWA (S. 47), eliminating
these important provisions and weakening the Office of
Violence Against Women. These omissions deny critical
services to many victims and reinforce the perception of the
Republican Party as hostile to the needs of women, college
students, LGBT persons, and communities of color. The House
substitute:
Limits the authority S. 47 provides to tribal authorities
to prosecute non-tribal members who commit domestic violence
or sexual assault crimes on tribal land. This makes it more
difficult for Native American women to hold their abusers
accountable. Native Americans are disproportionately affected
by dating violence, sexual assault, and stalking.
Eliminates provisions of the Senate bill that would require
colleges and universities to keep students safe and informed
about policies on sexual assault and enhance programs that
help to prevent and combat sexual violence on college
campuses.
Drops the anti-discrimination provisions from S. 47, which
were designed to ensure that LGBT victims receive the
services they need regardless of their gender identity or
sexual orientation. Studies have shown that LGBT individuals
are victims of domestic and sexual violence at equal or
greater levels than the rest of the population.
Even in today's polarized political climate, we should at
least be able to agree that when we send our daughters and
sons to college, they should be protected from stalking, date
rape and sexual assault; that one-third of tribal women who
have been the victims of rape or domestic abuse should have
equal access to justice no matter who the perpetrator is;
and, that domestic violence is still
[[Page H781]]
violence regardless of gender identity or sexual orientation.
It is critical that Representatives reject the exclusionary
substitute bill and support passage of the bipartisan Senate
bill. If you have any questions, please contact Nancy Zirkin,
Executive Vice-President, The Leadership Conference on Civil
and Human Rights, at 202-263-2880 [email protected] or
Sakira Cook, Senior Policy Associate, The Leadership
Conference on Civil and Human Rights, at 202-263-2894 or
[email protected] or Norma Gattsek, Director of Government
Relations, Feminist Majority at ngattsekgfeministorg or 703-
522-2214.
AFL-CIO, African American Ministers in Action (AAMA),
Alaska Federation of Natives, American Association for
Affirmative Action (AAAA), American Association of People
with Disabilities (AAPD), American Association of University
Women (AAUW), American Federation of Government Employees,
(AFL-CIO), American Federation of Teachers, (AFL-CIO), Asian
Pacific Islander Institute on Domestic Violence, Black
Women's Health Imperative, Break the Cycle, Casa de
Esperanza: National Latino Network for Healthy Families and
Communities, Catholics for Choice, Center for Reproductive
Rights, Coalition of Labor Union Women, Communications
Workers of America, (AFL-CIO), Community Action Partnership,
Disability Rights Education and Defense Fund (DREDF),
Ecumenical Advocacy Days for Global Peace with Justice,
Enterprising and Professional Women--USA.
Equal Justice Society, Federation of American Women's Clubs
Overseas (FAWCO), Feminist Majority, GLMA: Health
Professionals Advancing LGBT Equality, GlobalSolutions.org,
Human Rights Campaign, Institute for Science and Human
Values, Inc., International Community Corrections Association
(ICCA), International Convocation of Unitarian Universalist
Women, International Union, (UAW), Lawyers' Committee For
Civil Rights Under Law, Media Equity Collaborative, Methodist
Federation for Social Action, Metropolitan Community
Churches, Mexican American Legal Defense and Education Fund
(MALDEF), National Asian Pacific American Women's Forum,
National Association of Social Workers, National Black
Justice Coalition, National Coalition Against Domestic
Violence, National Coalition of Anti-Violence Programs.
National Congress of American Indians, National Council of
Jewish Women, National Council on Independent Living,
National Gay and Lesbian Task Force Action Fund, National
Immigration Law Center, National Latina Institute for
Reproductive Health, National Legal Aid and Defender
Association, National Organization for Women, National
Partnership for Women & Families, National Women's Law
Center, People For the American Way, Sargent Shriver National
Center on Poverty Law, Service Women's Action Network (SWAN),
South Asian Americans Leading Together (SAALT), The
Leadership Conference on Civil and Human Rights, The National
Coalition of 100 Black Women, Inc., The National Conference
of Puerto Rican Women, Inc.
The Religious Institute, The United Methodist Church,
(General Board of Church & Society), Ultra Violet, Unitarian
Universalist Association, United Methodist Women, US Human
Rights Network, US National Committee for UN Women, V-Day,
WestCare Foundation, Wider Opportunities for Women, Women
Enabled, Inc., Women's Action for New Directions (WAND),
Women's Environment and Development Organization (WEDO),
Women's International League for Peace and Freedom, (U.S.
Section), Women's Law Project, YWCA USA.
____
The Leadership Conference,
on Civil and Human Rights,
Washington, DC, February 25, 2013.
Vote No on House Substitute for S. 47; It Fails to Protect All Victims
of Domestic Violence
Dear Representative: On behalf of The Leadership Conference
on Civil and Human Rights, a coalition charged by its diverse
membership of more than 210 national organizations to promote
and protect the civil and human rights of all persons in the
United States, we urge you to oppose the House substitute for
S.47, the Violence Against Women Reauthorization Act (VAWA),
because it fails to protect all victims of domestic violence.
The Leadership Conference strongly believes that protecting
all who suffer domestic violence, dating violence, sexual
assault, or stalking is a fundamental civil and human right,
and therefore we intend to score this vote in our
Congressional Voting Record for the 113th Congress.
The Violence Against Women Act (VAWA), which was adopted in
the Senate with strong bipartisan support (78-22), addresses
gaps in current service programs that left lesbian, gay, and
transgender people, Native American women, and other
underserved and vulnerable groups without vital services or
protections. The need to address these gaps has been
recognized by law enforcement officers, victim service
providers, and health care professionals. While government
reports document that the annual incidence of domestic
violence has decreased by 63 percent, it is still
unacceptable that in the United States 24 people become
victims of rape, physical violence or stalking by an intimate
partner in the United States every minute.
Yet the House substitute for S.47 eliminates important
provisions in the bipartisan Senate bill, thereby denying
services to many victims of domestic violence. Despite the
well-documented unacceptably high rates of domestic violence
on tribal lands, the House substitute does not include
adequate provisions to make it easier for Native American
women to obtain orders of protection from abusers. In
addition, the House substitute drops the anti-discrimination
provisions that would ensure access to services for LGBT
survivors of domestic violence, sexual assault, stalking, and
dating violence. Finally, the House bill eliminates specific
protections for victims of violence on college campuses,
where we know high incidences of dating violence, sexual
assault, and stalking occur.
The Leadership Conference believes that every battered
person deserves protection, regardless of the victim's race,
sex, sexual orientation, or gender identity. Therefore, we
urge you to vote against the House substitute for S.47 and to
ask House leaders to bring the bipartisan Senate-passed VAWA
Reauthorization to the floor. If you have any questions,
please feel free to contact Sakira Cook at 202-263-2894 or
[email protected].
Sincerely,
Wade Henderson,
President & CEO.
Nancy Zirkin,
Executive Vice President.
____
[From The Leadership Conference on Civil and Human Rights, Feb. 25,
2013]
Civil and Human Rights Coalition Calls Republican VAWA Proposal
``Nothing Less than Shameful''
(By Nancy Zirkin, Executive Vice President)
``The determination of the House Republican leadership to
block an inclusive, bipartisan Violence Against Women Act in
favor of a narrow partisan bill that fails to protect all
victims of domestic violence is nothing less than shameful.
The Republican leadership's proposal leaves out updates to
VAWA that protect college students, American Indians, LGBT
people, and other underserved groups vulnerable to domestic
violence and sexual assault Victims' advocates flat-out
reject this proposal.
Even in today's polarized political climate, we should at
least be able to agree that when we send our daughters and
sons to college, they should be protected from stalking,
violence, date rape, and sexual assault; that one-third of
tribal women who have been the victims of rape or domestic
abuse should have equal access to justice no matter where the
perpetrator lives; and that domestic violence is still
violence regardless of gender identity or sexual orientation.
The House should stop holding victims hostage.
It's time for the House to stop playing politics with
victims' lives and pass the Senate version of VAWA.
____
[From the New York City Anti-Violence Project, Feb. 22, 2013]
The House of Representative's Introduction of the Violence Against
Women Act
(By Sharon Stapel, Executive Director)
Today the House introduced a version of the Violence
Against Women Act (VAWA) which stripped the language that
would protect LGBT survivors of intimate partner and sexual
violence and that was included in S. 47, the inclusive,
bipartisan Senate bill that was overwhelmingly passed on
February 12th. Leaving LGBT survivors of violence behind is
an unacceptable response to the real violence that LGBT
people face every day.
The CDC and the National Coalition of Anti-Violence
Programs have found that LGBT people experience intimate
partner and sexual violence at the same or higher rates as
other communities. Yet 94% of service providers, including
law enforcement, throughout the United States report that
they do not have LGBT specific services available. These
studies demonstrate the real need of LGBT survivors and the
lack of resources available to meet that need.
The House bill does not protect LGBT people from
discrimination by a service provider nor does it specifically
include services to LGBT people as an underserved population.
While the House bill does make VAWA gender neutral, this does
not address the needs of LGBT survivors of violence who
experience violence specific to their sexual orientation and
gender identity and not just their gender. For example, one
lesbian was asked to leave a domestic violence support group
not because she was a woman but because, as the program told
her, she ``did not fit in'' as a lesbian.
The Senate bill provisions are urgently needed to provide
actual resources to LGBT survivors. VAWA is our nation's
response to domestic and sexual violence and must include all
survivors. We cannot pick and choose which victims deserve
help through VAWA. Congress must pass a bill that includes
all survivors of violence, including LGBT survivors, and they
must do so now.
____
[From the National Congress of American Indians, Feb. 25, 2013]
Tell the House of Representatives the House Leadership VAWA Bill Does
Not Meet the Needs of Indian Country
On Friday, House leadership filed legislation which it
intends to consider on Wednesday. Unfortunately, this
legislation would change the strong bipartisan Senate-passed
version of the bill, S. 47--the Violence Against Women
Reauthorization Act of 2013--in key areas, which roll back
current law and take a defendant-based protection
[[Page H782]]
approach to address a serious epidemic of unfettered domestic
abuse on Indian reservations. NCAI released a statement in
opposition to the proposed House language this past Friday.
The solution is simple. We need tribal leaders and
advocates to make their voices heard, and tell Congress that
`Sovereignty is the solution; not the problem' and that
tribes simply need jurisdiction to protect women. Also, tell
them--if a House compromise must be made, the sensible
solution is H.R. 780, which was recently introduced by
Congressman Darrell Issa (R-CA49) and appropriately balances
defendants' rights with the urgent need to protect Native
women from unfettered violence (See Sensible Solution for
House Leadership section below for more on H.R. 780).
The House Leadership Bill Rolls Back Current Law
The recently proposed language from the House would roll
back current law regarding tribal courts' protection order
jurisdiction. Currently, this is the only local and effective
recourse Native women victims of violence arguably have
against non-Indian perpetrators.
The 2000 VAWA Reauthorization included language which made
it clear that every Indian tribe had full civil authority to
issue and enforce protection orders against all individuals.
The proposed language in the House would restrict this
jurisdiction significantly. Tribes would need to seek
certification through the Attorney General to exercise this
civil authority, and then the tribe would only retain the
authority to issue protection orders over non-Indians if:
they live or work on the reservation; or if they are, or have
been, in an intimate relationship with a tribal member. This
last requirement adds an unjust and unnecessary burden of
proof to victims seeking immediate assistance from their
local courts.
Also, the law--as drafted--would subject Indian tribes to
federal statutes meant to apply to States, including numerous
processes and procedures, which would apply on top of the
tribal courts own practices and procedures (for specific
examples, see discussion below). This additional layer of
processes and procedures will inevitably serve to frustrate
justice in tribal courts, which are already subject to a
strong and proven federal framework: the Indian Civil Rights
Act of 1968.
The Proposed House Special Domestic Violence Jurisdiction is Unworkable
and Would Frustrate Justice in Tribal Courts
Further, while the Senate bill recognizes an Indian tribe's
self-governance authority to protect Native women victims of
violence, it adds additional protections for non-Indian
defendants. Unfortunately, while the House bill offers
unworkable federal oversight of tribal courts.
The recently proposed House legislation would add:
A certification process by the Attorney General's Office
for tribes to exercise this `special domestic violence
jurisdiction' over non-Indians, even though the Department of
Justice already drafted the bipartisan-passed Senate version
of the bill;
A 1-year sentencing limitation on tribal courts for crimes
covered under the Act, even where the same crime--if
prosecuted in federal court--would require harsher
sentencing;
A federal removal provision that may be exercised by either
the defendant or a United States Attorney, and subjects
tribes to the same procedures and processes as states;
A different set of Habeus Corpus guidelines, outside of the
Indian Civil Rights Act, to abide by as States;
An interlocutory appeal process, as well as a direct review
of the final judgment;
A right for tribes to be sued, which will provide even more
opportunities for perpetrators to abuse tribal court systems;
and
A duty for the Attorney General to appoint not less than 10
qualified tribal prosecutors as special prosecutors, with a
preference given to Indian tribes that are not exercising
this special domestic violence jurisdiction.
Time and time again, Indian tribes have proven that they
are most efficient when they operate their own governance.
The current Administration has continued a strong policy
towards self-determination and self-governance, and Congress
should not sway from this policy now.
The Sensible Solution for House Leadership
Two weeks ago, Congressman Darrell Issa (R-CA49) introduced
H.R. 780, which is a sensible solution to the concerns
expressed by House Leadership. Currently, this bill continues
to receive support from House membership. This bill would
take the bipartisan-passed Senate bill, which provides a full
panoply of protections for defendants, and add one additional
measure--the right for the defendant to remove his case to
federal court, upon a showing that the tribal court violated
one of these protections.
In this manner, the Indian tribe retains jurisdiction,
pledges to carry out justice in a manner consistent with
state courts, and avoid undue judicial delay in administering
justice for Native women victims of violence.
This Issa/Cole bill is the sensible solution because it
begins with the question: `How does Congress protect Native
women?' and answers it in a sensible manner; rather than the
alternative question, `How does Congress protect alleged
domestic abusers that evade prosecution because they abuse
Indians on the reservation?'
Please call your representatives in Congress and tell them
you oppose the proposed House substitute for S. 47 and urge
them to support H.R. 780 as the House compromise to the
Senate bill. It is the sensible approach that recognizes
tribal self-governance and protects Native women, while
appropriately balancing defendants' rights.
Mrs. McMORRIS RODGERS. Madam Speaker, I reserve my time.
Mr. CONYERS. Madam Speaker, I'm pleased to yield 2 minutes to the
gentlewoman from Texas (Ms. Jackson Lee), a senior Member of the House
Judiciary Committee.
(Ms. JACKSON LEE asked and was given permission to revise and extend
her remarks.)
Ms. JACKSON LEE. Madam Speaker, I thank the gentleman very much, and
I thank the gentlelady, Congresswoman Moore, for her leadership, and
thank her for bringing reality to this day. For the last 18 years, we
have had the cover of the Violence Against Women Act, and I was glad to
be here in the reauthorization timeframe. But I am also very glad to
claim that the amendment that was offered by Congresswoman Moore and
Conyers and Slaughter and myself in the Rules Committee prevailed, for
we, in fact, introduced the Senate bill. But the leadership of the
House, as it relates to the Democratic Members, was strong because we
introduced a bill just like it.
But let me tell you what is happening with the legislation from the
House side. The substitute is fuzzy legislation. It is almost as if you
name your son and daughter Jane and John, but you starting calling them
girl and boy. You take away the definitiveness of who they are.
Just a couple of months before, one of the coeds, a young college
student, a young woman college student at the University of Virginia
was murdered by her boyfriend. And so in the bill that we want to see
passed, the Senate bill, we have protections for college students. We
have definitive protection for Native American women, many of whom are
married to non-Native Americans, and many times those cases are not
prosecuted.
And so you cannot expect the U.S. Attorney to follow fuzzy
legislation. You have to define that they have the jurisdiction to
prosecute these cases.
With respect to immigrant women, isn't it ridiculous that you must
contact the abuser and get the corroboration of the abuser. What does
that say to that immigrant woman who needs to tell what is happening to
her, how she is being held hostage because of her immigrant or
nonimmigrant status.
I say to you that every 9 seconds a woman in the United States is
assaulted or beaten by stalkers or her partner. Every year in the
United States, 1,000 to 1,600 women die at the hands of their male
partners even though we've made great strides in improving it under the
Violence Against Women Act. One in five women have been raped in their
lifetime. Four women have been the victim of severe physical violence.
We need the Senate compromise. We need the Senate bipartisan bill.
Don't vote for fuzzy legislation.
Madam Speaker, I rise in opposition to the Republican Substitute for
S. 47, the so-called Violence Against Women's Reauthorization put forth
by my House colleagues on the other side.
This is essentially a closed-rule on a bill that for nearly two
decades has been bipartisan and non-controversial. Today, the majority
stands ready to ram a stripped-down version of VAWA down the throats of
the American people. Unfortunately, the bipartisan version passed by
the Senate with a vote of 78-22, including all of the women in the
Senate, will not even see a vote in this body.
It would have been logical, expedient, and sensible if the Majority
had simply taken up the Moore-Conyers-Slaughter-Jackson Lee VAWA
amendment, which is a comprehensive update to the successful law which
offers protections for all victims of violence. Out amendment is the
Senate-passed version which on behalf of Congressman Conyers and many
of our colleagues on the Judiciary Committee, I put forth the case to
take up this Senate version.
Over the last 18 years, VAWA has provided life-saving assistance to
hundreds of thousands of women, men, and children. Originally passed by
Congress in 1994 as part of the Violent Crime Control and Law
Enforcement Act of 1994, this landmark bipartisan legislation was
enacted in response to the prevalence of domestic and sexual violence
and the
[[Page H783]]
significant impact that such violence has on the lives of women.
Today, as I stand on the Floor of the House, I realize that the
majority has made some changes to the Senate-passed bill---that point
to a disturbing pattern since the tenor, tone, and overall thrust of
this bill looks like a repeat of H.R. 4970, which we passed last year.
This Act offered a comprehensive approach to reducing this violence
and marked a national commitment to reverse the legacy of laws and
social norms that served to excuse, and even justify, violence against
women.
Originally championed by then-Senator Joseph Biden and Judiciary
Committee Representative John Conyers, Jr., the original VAWA was
supported by a broad coalition of experts and advocates including law
enforcement officers, prosecutors, judges, victim service providers,
faith leaders, health care professionals, and survivors. The law has
since been reauthorized two times--in 2000 and 2005--with strong
bipartisan approval in Congress and with overwhelming support from
states and local communities.
If I were an outside commentator looking in, I'd be pressed to ask
what Frankenstein Monster has overtaken the 112th Congress to the point
that we cannot even pass this previously bipartisan bill without
resorting to partisan posturing. I ask you who would be against giving
protections to our most vulnerable.
Just last month a co-ed at the venerable University of Virginia, my
alma mater was convicted of murdering his girlfriend. This hits close
to home. As well as Yvette Cade, who had acid poured over her face by
an irate ex-husband. As well as the murder of Annie Le at Harvard
University. And unfortunately, I could go on and on. These women were
white, black, and Asian, living in different cities under different
circumstances. They had one common denominator: victims of abject and
perverse violence. Lives destroyed because of men-at-rage.
With each reauthorization, VAWA has been improved in meaningful ways
to reflect a growing understanding of how best to meet the varied and
changing needs of survivors.
Among other significant changes, the reauthorization of VAWA in 2000
improved the law with respect to the needs of battered immigrants,
older victims, and victims with disabilities.
The continuation and improvement of these programs is critical to
maintaining the significant progress made in increased reporting and
decreased deaths during the time VAWA has been in effect.
Unfortunately, this version of S. 47 weakens vital improvements
contained in the recently passed Senate VAWA bill, including provisions
designed to increase the safety of Native American women and LGBTW
victims. Further, S. 47 actually includes damaging provisions that roll
back years of progress to protect the safety of immigrant victims.
Specifically, H.R. 4970 will create obstacles for immigrant victims
seeking to report crimes and increase danger for immigrant victims by
eliminating important confidentiality protections.
When millions of women and men need the protections and services it
includes. Since it first became law in 1994, millions have benefited
from VAWA.
VAWA is working, while rates of domestic violence have dropped by
over 50 percent in the past 18 years. There remains a lot of work to be
done, still have a lot of work ahead of us.
In December, the Centers for Disease Control and Prevention (CDC)
released the first National Intimate Partner and Sexual Violence Survey
(NISVS), which found:
1 in 5 women have been raped in their lifetime and 1 in 4 women have
been the victim of severe physical violence by a partner;
Over 80% of women who were victimized experienced significant short-
term and long-term impacts related to the violence and were more likely
to experience Post-Traumatic Stress Disorder and long-term chronic
diseases such as asthma and diabetes.
Every nine seconds a woman in the United States is assaulted or
beaten by stalkers or her partner.
Every year in the United States, 1,000 to 1,600 women die at the
hands of their male partners, often after a long, escalating pattern of
battering.
In 2009, 111 women were killed by their former or current husband,
intimate partner or boyfriend in State of Texas.
Domestic violence is the leading cause of injury for women in
America.
According to a study, there are more victims of domestic violence
than victims of rape, mugging and automobile accidents combined. VAWA
was designed to address these gruesome statistics.
VAWA established the National Domestic Violence Hotline, which
receives over 22,000 calls each month. VAWA funds train over 500,000
law enforcement officers, prosecutors, judges, and other personnel each
year.
This landmark legislation sent the message that violence against
women is a crime and will not be tolerated.
States are taking violence against women more seriously and all
states now have stalking laws, criminal sanctions for violation of
civil protection orders, and reforms that make date or spousal rape as
serious of a crime as stranger rape.
Moore-Conyers-Slaughter-Jackson Lee VAWA amendment to S. 47--
Representative Moore's VAWA reauthorization bill is an excellent
companion to the Senate-passed version. Why are we not discussing this
legislation--using it as a launching point to get where we need to go.
Destroying VAWA Confidentiality. Since 1996, VAWA has contained
strong confidentiality provisions to protect victims and prevent
abusers from using the immigration system against their victims. When
this Committee expanded those protections to trafficking victims in
2005, Chairman Sensenbrenner's report noted the importance of
preventing abusers from ``using DHS to obtain information about their
victims, including the existence of a VAWA immigration petition'' and
preventing agents from ``initiat[ing] contact with abusers.'' This bill
destroys confidentiality by authorizing immigration agents to contact
abusers and tip them off to victims' efforts to leave. This puts
domestic violence victims at risk of severe retaliation and makes it
far less likely that they will seek protection in the first place.
Requiring the Consideration of Uncorroborated Abuser Statements. It
is well-established that abusers will say and do almost anything to
prevent a victim from seeking protection or corroborating with law
enforcement. As the 2005 Committee report makes clear, abusers often
``interfer[e] with or undermin[e] their victims' immigration cases, and
encourag[e] immigration enforcement officers to pursue removal actions
against their victims.''
For this reason, the Committee specifically allowed DHS to consider
evidence presented by abusers, but only if corroborated. The Cantor/
Adams bill would now undo that protection and require agents to
consider uncorroborated statements, even though abusers have every
incentive to lie. This will delay or deny protection, essentially
giving abusers veto authority over certain victims.
The Jackson Lee amendment will reauthorize the Debbie Smith DNA
Backlog Grant Program through 2017. The program has been effective in
reducing rape kit backlogs and would help law enforcement better
collect and use evidence in sexual assault cases, and help all levels
of the criminal justice system work together to ensure that rape kits
are tested. In addition, my amendment increases the percentage of grant
funds available for use in testing the backlog of rape kits from 40
percent to 70 percent.
As many of my colleagues will recall, we considered this issue in May
of 2010 in response to widespread reports in the media of backlogs.
This is simply unacceptable.
Consider the fact that in the time it will take for us to conduct
this hearing, 60 individuals in the United States will be sexually
assaulted.
The Violence Against Women reauthorization contains many of the
provisions that make important changes to the current law, such as
consolidating duplicative programs and streamlining others; providing
greater flexibility for how communities utilize resources; and
including new training requirements for people providing legal
assistance to victims.
While the amendment wasn't included in the final Senate version of
the VAWA reauthorization bill, or the House version which passed out of
the Judiciary Committee last week, it was endorsed by the National Task
Force to End Sexual and Domestic Violence which represents over 1,000
organizations across the nation.
Over the past three years, a series of embarrassing investigations
into major police departments in Texas and other cities around the
country revealed an appallingly large backlog of untested rape kits.
Backlogs of thousands of untested kits have made headlines in Houston,
San Antonio, Fort Worth and Dallas, prompting efforts in those cities
to finally test the evidence.
Last year, the Texas Legislature passed a law--Senate Bill 1636,
authored by Democratic Sen. Wendy Davis of Fort Worth--to mandate
examination of evidence from rape cases statewide, requiring even the
smallest law enforcement agencies to report how many rape kits they've
left untested, then submit them to a crime lab.
These being lean times in Texas, the Legislature passed the bill
without allocating new funding to the cause. It's up to crime labs and
police departments to raise money to test the old evidence. ``One of
the solutions offered by 1636 is that we'd get a complete picture,''
says Torie Camp, deputy director of the Texas Association Against
Sexual Assault. Law enforcement agencies were required to report their
rape kit backlogs to the Department of Public Safety (DPS) by mid-
October of last year. That hasn't happened.
[[Page H784]]
DPS records obtained by the Observer show that as of January 23--
three months after the deadline--just 86 of the state's 2,647 law
enforcement agencies had reported their backlogs.
As many of us know, rape kit collection and testing is important in
moving cases through the criminal justice system. Approximately 200,000
incidents of rape are reportedly in the United States annually. A vast
majority of these sexual assault victims consent and undertake medical
examination immediately following the attack, thus enabling hospital/
clinic personnel and police officers to collect evidence for a rape
kit.
Studies have repeatedly shown that incidents where rape kit
collections contain DNA are more likely to move forward in the criminal
justice system than cases where no rape kit is collected. Testing the
evidence collected in these rape kits enable officers to identify the
attacker, confirm that sexual contact occurred between a suspect and a
victim, corroborate the victim's account of the sexual assault, and
exonerate innocent suspects.
Testing the evidence collected in the rape kits also helps
prosecutors in deciding whether to pursue a case and likewise, help
juries in deciding whether to convict an alleged perpetrator. While
national statistics have not confirmed the exact number of untested
rape kits, it is estimated that approximately 180,000 of these rape
kits remain untested.
Two years ago I met with one of our witnesses at the Crime
Subcommittee Hearing on Rape Kit Backlogs, Ms. Valeria Neumann, a 24
year old young woman who was the victim of rape nearly four years ago.
During our meeting, Ms. Neumann informed me that although a rape kit
was performed the same night that she reported the incident, the rape
kit has never been tested.
According to Ms. Neumann, the prosecutor in the case has not brought
an action against her alleged perpetrator after questioning him, even
though crucial evidence could have been obtained had the rape kit been
processed. When considered in light of the glaring statistics, Ms.
Neumann's story seems all too common.
According to a Human Rights Watch research, the United States boast
an estimated 400,000 to 500,000 untested rape kits which are sitting in
police storage facilities and crime labs across the nation. Mister
Chairman, untested rape kits represent lost justice for rape victims
and a potential threat to public safety and society in general. The
United States has repeatedly implemented several legislative
initiatives aimed at bringing the rape kit backlog to an end.
We began with the Edward Byrne Memorial Justice Assistance Grant
Program, followed by the Debbie Smith Act. We then transitioned to the
Justice for Survivors of Sexual Assault Act. In spite of these
measures, I believe that the United States can do a better job of
providing redress for victims, bringing offenders to justice and
protecting society from future and/or reoccurring crimes of rape.
Several preliminary initiatives can be implemented toward this goal
of eliminating rape kit backlog. First, recognizing that rape has the
lowest reporting, arrest and prosecution rates of all violent crime in
the U.S., I believe that the revolution in DNA technology could move
many of these rape cases forward in the criminal justice system.
I urge my colleagues to reject this flawed bill and call upon this
body to work with the Senate to pass bipartisan legislation that helps
women--and does not go back on decades of work.
VAWA was created because Congress recognized that immigration was
being used as a weapon by abusers. S. 47 would return that weapon to
abusers. H.R. 4970 would roll back years of progress and bi-partisan
commitment on the part of Congress to protect vulnerable immigrant
victims of domestic violence, stalking, sex crimes, other serious
crimes, and trafficking. H.R. 4970 would place victims of domestic
violence in danger, deter victims of crime from cooperating with law
enforcement, and hold victims of abuse to a higher standard than other
applicants for immigration benefits. In short, H.R. 4970 denies victims
protection and even helps perpetrate the very abuse from which they are
seeking to escape.
S. 47 would place immigrant victims of domestic violence who seek
lawful status in the U.S. at risk. VAWA ``self-petitioning'' was
created in 1994 to assist immigrant victims of domestic violence obtain
status on their own when their U.S. citizen and lawful permanent
resident spouses, as part of the abuse, refused to petition for them.
H.R. 4970 would roll back these protections.
Section 801 permits the abuser to manipulate the victim's immigration
process by allowing USCIS to seek input from the abuser as part of the
VAWA self-petition process. Commonly, abusers resort to more violence
when they learn that victims have sought protection from law
enforcement. H.R. 4970 would put the lives of victims in even greater
jeopardy.
S. 47 creates extra hurdles for victims to jump through, making
lawful status even more difficult for victims to attain. Section 801 of
H.R. 4970 would make it more difficult for victims of abuse to obtain
lawful status by requiring VAWA applicants to establish their
eligibility for lawful status by ``clear and convincing'' evidence--a
higher standard than most other applicants applying for relief before
USCIS.
Many domestic violence victims have been waiting for lawful status
for years because their abusers refused to file spousal visa petitions
for them, using control over the victims' immigration status as a tool
of abuse. The VAWA self-petition process was created to provide victims
with a means of obtaining the status for which they were eligible under
the law and which they would have obtained but for the abuse. Section
801 establishes an unnecessarily high standard that will deprive many
victims of protection.
S. 47 would punish victims more harshly than other applicants for
providing incorrect information, regardless of intent or knowledge.
(Section 801) The INA already makes someone ineligible for relief if
they commit fraud or willfully misrepresent a material fact when
seeking an immigrant benefit. However, under the guise of fraud
prevention, H.R. 4970 would go much further by requiring the removal,
on an expedited basis, of a victim where there is any evidence of any
material misrepresentation at any point during the process, regardless
of whether the victim had any intent to defraud the government. H.R.
4970 would also permanently bar the immigrant from any future immigrant
status, without any possibility of a waiver. Finally, H.R. 4970 would
require that these applicants be referred to the FBI for criminal
prosecution. Thus, an innocent mistake by a victim when completing the
application could result in victims and their children being subject to
expedited removal and permanently barred from the U.S.
S. 47 would unduly restrict U-visas and undermine the safety of our
communities. (Section 802) Currently, to obtain a U-visa (for victims
of serious crime), a federal, state, or local law enforcement officer
must certify that the applicant has, is, or is likely to be helpful in
investigation or prosecuting the crime perpetrated against them. H.R.
4970 would restrict law enforcement agency certification only to
victims who reported the crime within 60 days. Many victims of crimes--
especially victims of sexual abuse, child abuse, and rape--are too
traumatized or too afraid to come forward immediately. A 60-day time
limit for reporting crimes would silence many immigrant victims. H.R.
4970 would deprive victims of protection, discourage them from
reporting crimes, and make all of us less safe.
S. 47 would deny victims the opportunity to apply for a green card.
In 2000, the ``U'' Visa was created as part of VAWA to encourage
vulnerable victims of particularly serious crimes to come forward and
report those crimes by removing the fear that they, rather than the
perpetrator, would wind up in immigration detention or deported. When
victims of crimes are afraid to go to the police, we are all less safe.
H.R. 4970 would undermine the U-visa process by making the U-visa only
temporary, with no eligibility to apply for future lawful permanent
residence status.
The S. 47 Republican substitute retains a few of the helpful
provisions included in S. 1925. These include:
Permitting children of VAWA self-petitioners to obtain derivative
status if the petitioner passes away during the application process;
Eliminating the public charge ground of inadmissibility for VAWA
self-petitioners and U-visa holders.
Age-out protections for children of U-visa holders who were under 21
at the time that the parent applied for U-visa status and age-out
protections for U-visa holders who were minors at the time of
application for U-visa status so that their relatives can still join
them.
I call on the Members of the House to vote down this nefarious, ill-
conceived piece of legislation.
Re: Opposition to House Substitute to VAWA Reauthorization
February 25, 2013.
Hon. Bob Goodlatte,
Chairman, House Committee on the Judiciary House of
Representatives, Washington, DC.
Hon. John Conyers,
Ranking Member, House Committee on the Judiciary, House of
Representatives, Washington, DC.
Re: Opposition to House Substitute to VAWA Reauthorization
Dear Chairman Goodlatte and Ranking Member Conyers: I write
on behalf of the ------ Tribe to voice our strong opposition
to the House of Representatives proposed Amendment in the
Nature of a Substitute to the Senate-passed S. 47, the
Violence Against Women Reauthorization Act (VAWA). The House
VAWA Substitute would only serve to aggravate the onslaught
of violence that Native women suffer on a daily basis. The
House Substitute would remove the ONLY tool available to
tribes to stop non-Native
[[Page H785]]
abuse, further complicate the maze of injustice that exists
on Indian lands, and exacerbate the epidemic of violence
against Native women.
The current justice system in place on Indian lands
handcuffs the local tribal justice system. As a result, some
non-Native men, target Indian reservations for their crimes,
and hide behind these loopholes in federal laws and court
decisions, walking the streets of Indian country free of
consequences, while denying justice to Native women and their
families.
The result: nationally, Native women are raped and
assaulted at 2.5 times the national average. More than 1 in 3
Native women will be raped in their lifetimes, and more than
3 in 5 will suffer domestic assault. The U.S. Department of
Justice (DOJ) has found that when misdemeanor acts of
domestic and dating violence go unaddressed, offenders become
emboldened and feel untouchable, and the beatings escalate,
often leading to death or severe physical injury. A National
Institute of Justice-funded analysis of death certificates
found that, on some reservations, Native women are murdered
at a rate more than ten times the national average. S. 47
would crack down on reservation domestic violence at the
early stages before violence escalates.
The problem of violence against Native women is
longstanding and broad, extending beyond domestic violence to
gang violence and infiltration of drug trafficking
organizations. However, the proposals included in S. 47 are
well-reasoned and limited in scope. They extend only to
reservation-based crimes of domestic and dating violence that
involve individuals who work or live on an Indian reservation
or who are in a serious relationship with a tribal citizen
from that reservation. S. 47 also provides the full range of
constitutional protections to abuse suspects who would be
subject to the authority of tribal courts.
The House VAWA Substitute rejects the bipartisan and
narrowly tailored approach adopted by the Senate. The most
offensive provision in the House Substitute would remove the
ONLY tool currently available to tribal governments: the
ability to issue and enforce civil orders of protection
against non-Native men who abuse Indian women. The House
Substitute irresponsibly cuts back on this existing
authority.
Instead of focusing on the protection of Native women, the
House Substitute focuses on protections for suspects of
abuse. The House Substitute establishes seven (7) avenues of
appeal for suspects of abuse to challenge their prosecution;
limits punishment of non-Indian offenders convicted of
domestic violence to misdemeanor level punishment, regardless
of how savage the beating or their status as a repeat
offender; and authorizes suspects of abuse to bring lawsuits
against tribal law enforcement--which will only serve to
further deter protection of Native women.
The gaps in criminal jurisdiction on Indian lands have
haunted Native women and tribal communities nationwide for
more than 35 years. Time has come for Congress to act. The
bipartisan Senate-passed VAWA bill, takes reasonable well-
tailored measures to fill the gap in local authority.
Conversely, the House Substitute would cut back on existing
protections and aggravate the epidemic of violence that
Native women face on a daily basis. We urge you to oppose the
House VAWA Substitute and restore the Senate-passed
provisions in Title IX of the House VAWA Reauthorization.
Sincerely,
____
Susanville Indian Rancheria,
Susanville, CA, February 25, 2013.
Re: Opposition to House Substitute to VAWA Reauthorization.
Hon. Bob Goodlatte, Chairman,
House Committee on the Judiciary, House of Representatives,
Washington, DC.
Hon. John Conyers, Ranking Member,
House Committee on the Judiciary, House of Representatives,
Washington, DC.
Re: Opposition to House Substitute to VAWA Reauthorization
Dear Chairman Goodlatte and Ranking Member Conyers: I write
on behalf of the Susanville Indian Rancheria to voice our
strong opposition to the House of Representatives proposed
Amendment in the Nature of a Substitute to the Senate-passed
S. 47, the Violence Against Women Reauthorization Act (VAWA).
The House VAWA Substitute would only serve to aggravate the
onslaught of violence that Native women suffer on a daily
basis. The House Substitute would remove the ONLY tool
available to tribes to stop non-Native abuse, further
complicate the maze of injustice that exists on Indian lands,
and exacerbate the epidemic of violence against Native women.
The current justice system in place on Indian lands
handcuffs the local tribal justice system. As a result, some
non-Native men, target Indian reservations for their crimes,
and hide behind these loopholes in federal laws and court
decisions, walking the streets of Indian country free of
consequences, while denying justice to Native women and their
families.
The result: nationally, Native women are raped and
assaulted at 2.5 times the national average. More than 1 in 3
Native women will be raped in their lifetimes, and more than
3 in 5 will suffer domestic assault. The U.S. Department of
Justice (DOJ) has found that when misdemeanor acts of
domestic and dating violence go unaddressed, offenders become
emboldened and feel untouchable, and the beatings escalate,
often leading to death or severe physical injury. A National
Institute of Justice-funded analysis of death certificates
found that, on some reservations, Native women are murdered
at a rate more than ten times the national average. S. 47
would crack down on reservation domestic violence at the
early stages before violence escalates.
The problem of violence against Native women is
longstanding and broad, extending beyond domestic violence to
gang violence and infiltration of drug trafficking
organizations. However, the proposals included in S. 47 are
well-reasoned and limited in scope. They extend only to
reservation-based crimes of domestic and dating violence that
involve individuals who work or live on an Indian reservation
or who are in a serious relationship with a tribal citizen
from that reservation. S. 47 also provides the full range of
constitutional protections to abuse suspects who would be
subject to the authority of tribal courts.
The House VAWA Substitute rejects the bipartisan and
narrowly tailored approach adopted by the Senate. The most
offensive provision in the House Substitute would remove the
ONLY tool currently available to tribal governments: the
ability to issue and enforce civil orders of protection
against non-Native men who abuse Indian women. The House
Substitute irresponsibly cuts back on this existing
authority.
Instead of focusing on the protection of Native women, the
House Substitute focuses on protections for suspects of
abuse. The House Substitute establishes seven (7) avenues of
appeal for suspects of abuse to challenge their prosecution;
limits punishment of non-Indian offenders convicted of
domestic violence to misdemeanor level punishment, regardless
of how savage the beating or their status as a repeat
offender; and authorizes suspects of abuse to bring lawsuits
against tribal law enforcement--which will only serve to
further deter protection of Native women.
The gaps in criminal jurisdiction on Indian lands have
haunted Native women and tribal communities nationwide for
more than 35 years. Time has come for Congress to act. The
bipartisan Senate-passed VAWA bill, takes reasonable well-
tailored measures to fill the gap in local authority.
Conversely, the House Substitute would cut back on existing
protections and aggravate the epidemic of violence that
Native women face on a daily basis. We urge you to oppose the
House VAWA Substitute and restore the Senate-passed
provisions in Title IX of the House VAWA Reauthorization.
Sincerely,
Mr. Stacy Dixon,
Tribal Chairman.
____
Human Rights Campaign,
Washington, DC, February 27, 2013.
Dear Representative: Today and tomorrow, the House is
scheduled to consider the Violence Against Women Act (VAWA)
reauthorization bill (S. 47). The Human Rights Campaign (HRC)
urges Members to vote YES on the Rule, vote NO on the
Amendment in the Nature of a Substitute, and vote YES on
final passage.
HRC strongly opposes this partisan substitute amendment
which is fundamentally flawed and ignores key priorities
identified by service providers and victim advocates. This
will be a key vote.
Over more than two years, more than 2,000 advocates
responded to surveys and national conference calls to
identify the most pressing issues facing victims of domestic
violence. Local programs, state and federal grant
administrators, national resource centers and others weighed
in on the needs of victims. As a result of this deep dive
into the existing gaps in the current VAWA, it became clear
that LGBT victims of domestic violence were not receiving the
services they needed--even though they experience domestic
violence at roughly the same rate as all other victims. LGBT
victims faced discrimination based on their sexual
orientation and gender identity when they sought refuge from
abuse. They were turned away from service providers, laughed
at by law enforcement and struggled to get protective orders
from judges. Often they were left without any option but to
return to their abuser.
Earlier this month, in a strong bi-partisan vote of 78-22,
the Senate stood above politics and passed a VAWA bill that
takes into account the lessons learned from VAWA
stakeholders. The Senate bill includes three important
provisions that ensure services for LGBT victims of domestic
violence are explicitly included in key VAWA grant programs
and prohibit any program or activity funded by the bill from
discriminating against a victim based on their actual or
perceived sexual orientation or gender identity. The House
substitute VAWA eliminates these provisions, as well as many
other critical provisions in the Senate bill.
The House should reject the partisan substitute amendment
and pass a bipartisan VAWA reauthorization bill that reflects
the priorities from law enforcement, court, prosecution,
legal services, and victim services professionals from across
the country.
If you have any questions or need more information, please
don't hesitate to contact
[[Page H786]]
me at 202-216-1515 or Allison.Herwitt
@hrc.org, David Stacy, Deputy Legislative Director, at 202-
572-8959 or David.S[email protected], or Ty Cobb, Senior
Legislative Counsel, at 202-216-1537 or Ty.C[email protected].
Best,
Allison Herwitt,
Legislative Director,
Human Rights Campaign.
____
American Probation and
Parole Association,
Lexington, KY, February 1, 2013.
Senator Patrick Leahy,
Chairman, Committee on the Judiciary,
Dirksen Senate Office Building,
Washington, DC.
Senator Mike Crapo,
Dirksen Senate Office Building,
Washington, DC.
Dear Senators Leahy and Crapo: The American Probation and
Parole Association (APPA) represents over 35,000 pretrial,
probation, parole and community corrections professionals
working in the criminal and juvenile justice systems
nationally and come from federal, state, local and tribal
jurisdictions. On behalf of our membership and constituents
we whole-heartedly support your efforts to have the Violence
Against Women Act (VAWA) reauthorized.
The VAWA initiatives have supported state, local and tribal
efforts to effectively address the crimes of domestic
violence, dating violence, sexual assault and stalking. These
efforts have shown great progress and promise towards keeping
victims safe and holding perpetrators accountable. The
reauthorization of VAWA is critical to maintaining the
progress of current initiatives and ensuring comprehensive
and effective responses to these crimes in the future for the
protection of all victims without consideration of race,
ethnicity or sexual orientation.
Domestic violence perpetrators represent a significant
proportion of the total population on community supervision.
In 2008 there were nearly 86,000 adults on probation for a
domestic violence offense in United States, and data from the
California Department of Justice indicates that in 2000
approximately 90% of adults convicted of felony domestic
violence offenses in that state were sentenced to a period of
probation, either alone or coupled with incarceration.
Domestic violence offenders are among the most dangerous
offenders on community supervision caseloads, and in order to
supervise domestic violence offenders effectively, community
corrections professionals must receive adequate training.
Since its original passage in 1994, VAWA has been
instrumental in increasing our constituents' attention to and
understanding of these crimes as well as provided significant
assistance in humanizing their responsiveness to victims and
improving their practices related to accountability and
intervention with perpetrators of these crimes. VAWA has
without question been instrumental in developing community
supervision practices that keep victims and their families
safe from future harm and improved compliance and behavioral
change for perpetrators.
We stand ready to assist you throughout the reauthorization
process. If you have any questions or require further
information or assistance, please feel free to contact me at
[email protected] or 859-244-8216.
Sincerely,
Carl Wicklund,
Executive Director,
____
Lutheran Immigration and
Refugee Service,
Baltimore, MD, February 1, 2013.
Hon. Patrick J. Leahy,
U.S. Senate, Russell Senate Office Building, Washington, DC.
Hon. Mike Crapo,
U.S. Senate, Dirksen Senate Building, Washington, DC.
Dear Senator Leahy and Senator Crapo: On behalf of Lutheran
Immigration and Refugee Service (LIRS), the national
organization established by Lutheran churches in the United
States to welcome immigrants and refugees, thank you for
reintroducing the bipartisan Violence Against Women
Reauthorization Act (VAWA) (S. 47).
As you are aware, there are many cases in which immigration
status is used as a tool for abuse, leading victims to remain
in abusive relationships and contributing to the
underreporting of serious crimes to local enforcement
officials. The creation of the U visa in 2000 by Congress to
encourage migrant victims to report criminal offenses to
officials has been extremely helpful in advancing community
safety. The need for U visas is significant. In 2012, U.S.
Citizenship and Immigration Services ran out of available U
visas over a month prior to the end of the fiscal year.
Therefore, the lack of a vital increase in the number of
available U visas in S. 47 is extremely disappointing.
However, I am encouraged by your commitment to increase the
cap on U visas as part of immigration reform legislation.
While I applaud efforts to swiftly move VAWA through both
chambers of Congress, I caution against any use of VAWA as a
means to expand immigration enforcement provisions of the
Immigration and Nationality Act. These changes would be
detrimental to the central purpose of VAWA--to address the
critical issues of domestic violence, sexual assault, dating
violence, and human trafficking--and should remain outside of
the VAWA debate.
LIRS commends your leadership in advancing this bill and we
are excited to continue to work with you to ensure the
inclusion of provisions to protect vulnerable migrant victims
in upcoming legislation. Please contact Brittney Nystrom,
LIRS Director for Advocacy, at 202-626-7943 or via email at
[email protected] with any questions.
Yours in faith,
Linda J. Hartke,
President and CEO, Lutheran Immigration and Refugee Service.
____
American Bar Association,
Chicago, IL, January 30, 2013.
Hon. Patrick J. Leahy,
Russell Senate Office Building, U.S. Senate, Washington, DC.
Hon. Michael D. Crapo,
Dirksen Senate Office Building, U.S. Senate, Washington, DC.
Dear Senators Leahy and Crapo: On behalf of the American
Bar Association (ABA), with nearly 400,000 members across the
country, I write to commend your continued bipartisan
leadership in the cause of justice and equal rights with the
introduction of the Violence Against Women Reauthorization
Act of 2013. The ABA strongly supports your effort to renew
proven and effective programs that support victims of
domestic, sexual, stalking and dating violence and their
families.
The ABA has long supported efforts to address domestic,
sexual and stalking violence, and we recognize that the legal
profession fulfills an important role in addressing these
crimes. Since 1994, the ABA's Commission on Domestic & Sexual
Violence has also worked to increase access to justice for
victims of domestic violence, sexual assault and stalking by
mobilizing the legal profession.
In recent years, the ABA has adopted policies that
specifically address VAWA reauthorization, including some of
the more challenging issues that ultimately proved to be
barriers to reauthorization during the last Congress:
February 2010: urging reauthorization and highlighting the
need for legislation that ``provides services, protection,
and justice for underserved and vulnerable victims of
violence, including children and youth who are victims or are
witnesses to family violence, and victims who are disabled,
elderly, immigrant, trafficked, LGBT and/or Indian.''
August 2012: urging Congress ``to strengthen tribal
jurisdiction to address crimes of gender-based violence on
tribal lands that are committed by non-Indian perpetrators.''
VAWA reauthorization was a legislative priority for the
association during the 112th Congress and a focus of our
annual grassroots lobbying event, ABA Day 2012, when ABA,
state, local, and specialty bar leaders from all 50 states
met with members of Congress of both parties on this issue.
VAWA reauthorization remains a priority for the American
Bar Association during the 113th Congress. We appreciate your
leadership and look forward to working with you to ensure
passage of this legislation.
Sincerely,
Laurel G. Bellows.
Mrs. McMORRIS RODGERS. Madam Speaker, I reserve my time.
Mr. CONYERS. Madam Speaker, I include for the Record a number of
letters from advocacy and nonprofit groups in opposition to the House
substitute and in support of the Senate-passed bill.
The Violence Against Women Reauthorization Act of 2013 Has Broad
National Support
More than 1400 local, state, tribal, and national
organizations have expressed their strong support for passage
of the Violence Against Women Reauthorization Act of 2011
(S.47), including national service providers and victim
advocates, law enforcement organizations, and faith-based
organizations.
Victim Service Providers and Advocates
9 to 5, National Association of Working Women
Alianza-National Latino Alliance to End Domestic Violence
Alternatives to Family Violence
American Bar Association
American Bar Association Commission on Domestic Violence
American Medical Association
Americans Overseas Domestic Crisis Center
Asian & Pacific Islander Institute on Domestic Violence
ASISTA Immigration Assistance
Association of Jewish Family and Children's Agencies
Break the Cycle
Casa de Esperanza: National Latino Network for Healthy
Families and Communities
Daughters of Penelope
Futures Without Violence (formerly the Family Violence
Prevention Fund)
Gay Men's Domestic Violence Project
Institute on Domestic Violence in the African-American
Community
Jewish Women International
Legal Momentum
Men Can Stop Rape
Men's Resources International
National Association of VOCA Assistance Administrators
National-Alliance to End Sexual Violence National Center
for Victims of Crime
[[Page H787]]
National Center on Domestic and Sexual Violence
National Coalition Against Domestic Violence
National Coalition of Anti-Violence Programs
National Congress of American Indians Taskforce on Violence
Against Women
National Council of Jewish Women
National Dating Abuse Hotline
National Domestic Violence Hotline
National Network to End Domestic Violence
National Organization of Sisters of Color Ending Sexual
Assault (SCESA)
National Organization for Women
National Organization of Asian Pacific Islanders Ending
Sexual Violence
National Organization of Sisters of Color Ending Sexual
Assault
National Resource Center on Domestic Violence
Nursing Network on Violence Against Women International
Rape Abuse and Incest National Network
YWCA USA
Victims Rights Law Center
Witness Justice
Law Enforcement Organizations
AEquitas
American Probation and Parole Association
Association of Prosecuting Attorneys
International Association of Chiefs of Police
National Council of Juvenile and Family Court Judges
Faith-Based Organizations
Association of Jewish Family & Children's Agencies
Church Women United
Disciples Justice Action Network
Disciples of Christ
FaithTrust Institute
Friends Committee on National Legislation
Hadassah, The Women's Zionist Organization of America, Inc.
Hindu American Seva Communities
Jewish Council for Public Affairs
Lutheran Immigration and Refugee Service
Mennonite Central Committee U.S. Washington Office
Muslim Public Affairs Council
National Advocacy Center of the Sisters of the Good
Shepherd
National Council of Jewish Women
NETWORK--A National Catholic Social Justice Lobby
Peaceful Families Project
Pentecostals & Charismatics for Peace & Justice
Presbyterian Church (U.S.A.) Office of Public Witness
Presbyterian Church, U.S.A.
Presbyterian Women in the Presbyterian Church (U.S.A.)
Reconstructionist Rabbinical Association
Religious Coalition for Reproductive Choice
Safe Havens Interfaith Partnership Against Domestic
Violence
The Episcopal Church
The United Church of Christ, Justice and Witness Ministries
Union for Reform Judaism
United Church of Christ
United Methodist Church General Board of Church and Society
United Methodist Women
Women of Reform Judaism
Other National Organizations
3 DVas, LLC
9to5
AARP Chapter 60 Waikiki
Abortion Care Network
AFGE Women's/Fair Practices Departments
AFL-CIO
African Action on Aids
After The Trauma
Alabama Coalition Against Domestic Violence
Alianza--National Latino Alliance for the Elimination of
Domestic Violence
Alliant International University
American Arab Anti Discrimination Center
American Association of People with Disabilities
American Association of University Women (AAUW)
American Baptist Women's Ministries, ABCUSA
American Bar Association
American Civil Liberties Union
American Congress of Obstetricians and Gynecologists
American Dance Therapy Association
American Federation of Government Employees, AFL-CIO
American Federation of Labor-Congress of Industrial
Organizations
American Federation of State County and Municipal Employees
American Federation of Teachers, AFL/CIO
American Humanist Association
American Postal Workers Union
American Probation and Parole Association
American Psychiatric Association
American Psychological Association
American-Arab Anti-Discrimination Committee (ADC)
Americans for Immigrant Justice, formerly Florida Immigrant
Advocacy Center
Americans Overseas Domestic Violence Crisis Center
Amnesty International USA
Anti-Defamation League
Asian & Pacific Islander American Health Forum
Asian & Pacific Islander Institute on Domestic Violence
Asian American Justice Center, member of Asian American
Center for Advancing Justice
Asian Pacific American Labor Alliance, AFL-CIO
Asian Pacific American Labor Center ASISTA Immigration
Assistance
Association of Flight Attendants
Association of Jewish Family & Children's Agencies
Baha'is of the United States
Black Women's Health Imperative
Black Women's Roundtable
Break the Cycle
Business and Professional Women's Foundation
Casa de Esperanza: National Latin@ Network for Healthy
Families and Communities
Casa Esperanza
Center for Family Policy and Practice
Center for Partnership Studies
Center for Reproductive Rights
Center for Women Policy Studies
Center for Women's Global Leadership
Center for Women's Policy Studies
CenterLink
Central Conference of American Rabbis
Choice USA
Church Women United
Circle of 6 App
Clery Center for Security On Campus
Coalition of Labor Union Women
Coalition on Human Needs
Communications Workers of America (CWA)
Community Action Partnership
cultureID
CWA National Women's Committee
Daughters of Penelope
Delta Sigma Theta Sorority
Dialog on Diversity
Dialogue on Diversity
Disability Rights Education and Defense Fund
Disciples Justice Action Network
Domestic Abuse intervention Programs
Domestic Violence Legal Empowerment and Appeals Project (DV
LEAP)
DVas, LLC
Elder Justice Coalition
Episcopal Church
Episcopal Women's Caucus.
Expert Panel on violence, American Academy of Nursing.
FaithTrust Institute.
Family Equality Council.
Federally Employed Women (FEW).
Feminist Agenda Network.
Feminist Majority.
Feminist Majority/Feminist Majority Foundation.
Feminist Peace Network.
Freedom from Hunger.
Friends Committee on National Legislation.
Friends of Nabeela.
Futures Without Violence.
Gay & Lesbian Medical Association.
Gay, Lesbian & Straight Education Network (GLSEN).
General Board of Church & Society, United Methodist Church.
General Federation of Women's Clubs.
George Washington University Law School.
GetEQUAL.
Girls Inc..
GLMA: Health Professionals Advancing LGBT Equality.
Globalsolutions.org.
GLSEN (Gay, Lesbian & Straight Education Network).
Hadassah, The Women's Zionist Organization of America,
Inc..
HIAS (Hebrew Immigrant Aid Society).
Hindu American Seva Communities.
Hip Hop Caucus.
Human Rights Campaign.
Human Rights Watch.
Indian Law Resource Center.
Inspire Action for Social Change.
Institute for Interfaith Activism.
Institute for Science and Human Values.
Institute on Domestic Violence in the African American
Community.
International Center for Research on Women.
IOFA.
Iowa Coalition Against Domestic Violence.
Jewish Council for Public Affairs.
Jewish Labor Committee.
Jewish Women International.
Junior League of Dallas, affiliated with Junior League
International.
Labor Council for Latin American Advancement.
Latino Justice PRLDEF.
League of United Latin American Citizens.
Legal Momentum.
LiveYourDream.org.
Log Cabin Republicans.
Maryknoll Sisters.
Media Equity Collaborative.
Men Can Stop Rape.
Mennonite Central Committee U.S. Washington Office.
Men's Resources International.
Methodist/Catholic.
Migrant Clinicians Network.
MomsRising.
Ms. Foundation for Women.
Muslim American Society.
Muslim Public Affairs Council.
NAPAFASA.
National Advocacy Center of the Sisters of the Good
Shepherd.
National Alliance to End Sexual Violence.
National Asian Pacific American Bar Association (NAPABA).
National Association for the Advancement of Colored People
(NAACP).
National Association of Commissions for Women (NACW).
[[Page H788]]
National Association of Hispanic Organizations.
National Association of Human Rights Workers.
National Association of Social Workers.
National Association of State Head Injury Administrators.
National Association of VOCA Assistance Administrators.
National Black Justice Coalition.
National Center for Lesbian Rights.
National Center for Transgender Equality.
National Center for Victims of Crime.
National Center on Domestic and Sexual Violence.
National Clearinghouse for the Defense of Battered Women.
National Coalition Against Domestic Violence.
National Coalition for Asian Pacific American Community
Development.
National Coalition for LGBT Health.
National Coalition of 100 Black Women.
National Coalition of Anti-Violence Programs (NCAVP).
National Coalition on Black Civic Participation.
National Committee for the Prevention of Elder Abuse.
National Community Reinvestment Coalition.
National Congress of American Indians.
National Congress of American Indians.
National Council of Churches, USA.
National Council of Jewish Women.
National Council of Juvenile and Family Court Judges.
National Council of the Churches of Christ in the USA.
National Council of Women's Organizations.
National Council on Independent Living.
National Dating Abuse Helpine.
National Domestic Violence Hotline.
National Education Association.
National Employment Law Project.
National Fair Housing Alliance.
National Family Justice Center Alliance.
National Focus on Gender Education.
National Gay and Lesbian Task Force Action Fund.
National Health Law Program.
National Hispanic Council on Aging.
National Housing Law Project.
National Immigration Law Center.
National Latina Institute for Reproductive Health.
National Latina Psych Association.
National Latina/o Psychological Association.
National Law Center on Homelessness and Poverty.
National Legal Aid and Defender Association.
National Low Income Housing Coalition.
National Network to End Domestic Violence.
National Org of Asian Pacific Islanders Ending Sexual
Violence.
National Organization for Women (NOW).
National Organization for Women, Miracle Mile LA chapter.
National Organization of Asian Pacific Islanders Ending
Sexual Violence.
National Organization of Black Law Enforcement Executives.
National Organization of Sisters of Color Ending Sexual.
Assault National Partnership for Women & Families.
National Partnership for Women and Families.
National Research Center for Women & Families.
National Resource Center on Domestic Violence.
National Stonewall Democrats.
National Urban League.
National WIC Association.
National Women's Law Center.
National Women's Political Caucus.
National Women's Health Network.
National Women's Law Center.
National Women's Political Caucus.
NCJW Seattle section.
NCJVV Utah.
NETWORK, A National Catholic Social Justice Lobby.
NLPA.
Nursing Network on Violence against Women International.
NVC Academy.
Ohio NOW.
One Woman's Voice.
Our Bodies Ourselves.
Peaceful Families Project.
People for the American Way.
PFLAG National.
Planned Parenthood Federation of America.
Rape Crisis Services.
Rape, Abuse & Incest National Network (RAINN).
Reformed Church in America.
Refugee Women's Network.
Religious Coalition for Reproductive Choice.
Rural Women's Health Project.
Rural Womyn Zone.
Ryan Immigration Law.
Safe Nation Collaborative.
Sargent Shriver National Center on Poverty Law.
Sauti Yetu.
School and College Organization for Prevention Educators.
Seattle Chapter National Organization for Women.
Secular Woman.
Self Empowerment Strategies.
SER-Jobs for Progress National Inc..
Share Time Wisely Consulting Services.
Shore Area NOW.
Sisters of Color Ending Sexual Assault.
Sisters of Mercy Institute Justice Team.
Sojourners.
South Asian Americans Leading Together (SAALT).
Southern Poverty Law Center.
Spittin' Out the Pitts.
SuhaibWebb.com.
Survivors In Service.
Tahirih Justice Center.
Take Back The Night
The Episcopal Church
The Jewish Federations of North America
The Leadership Conference on Civil and Human Rights
The Leadership Council on Civil and Human Rights
The Line Campaign
The National Council on Independent Living
The National Resource Center Against Domestic Violence
The Sentencing Project
The United Methodist Church, General Board of Church &
Society
The Voice of Midlife and Older Women
Transgender Law Center
U.S. National Committee for UN Women
UAW
Union for Reform Judaism
Union Veterans Council, AFL-CIO
Unitarian Universalist Association
United Church of Christ, Justice & Witness Ministries
United Food and Commercial Workers International Union
United States Hispanic Leadership Institute
United Steelworkers
UniteWomen.org
US National Committee for UN Women
US women Connect
USAction
V-Day
Veteran Feminists of America
Victim Rights Law Center
Vital Voices Global Partnership
We Are Woman
West Pinellas National Organization for Women
Wild Iris Family Counseling and Crisis Center
Winning Strategies
Witness Justice
Women Enabled, Inc.
Women of Color Network
Women of Reform Judaism
Women, Action & the Media
Women's Environment and Development Organization
Women's International League for Peace and Freedom, U.S.
Section
Women's Action for New Directions
Women's Business Development Center
Women's Institute for Freedom of the Press
Women's International League for Peace and Freedom
Women's Media Center
Woodhull Sexual Freedom Alliance
YWCA USA
State and Local Organizations
51st State NOW
9to5 Atlanta
9to5 Atlanta Working Women
9to5 Bay Area
9to5 California
9to5 Colorado
9to5 Los Angeles
9to5 Milwaukee
A Safe Place
A Safe Place Domestic Violence Shelter
A Woman's Place
AAUW, Big Bear Valley Branch
AAUW, Honolulu women's coalition, others
Abuse & Rape Crisis Shelter, Warren County
Abuse Alternatives, Inc.
Abuse Prevention Council
ACCESS Social Services
ADRCGNS, Inc.
ADV & SAS
Advocacy Resource Center
Advocacy Resource Center
Advocate Safehouse Project
Advocates Crisis Support services
Advocates for a Violence-Free Community
Advocates for Victims of Assault
African Services Committee
African Women Human Right's Group
After The Trauma, Inc.
Aging Resources
Alabama-NOW
Alamosa County Sheriff's Office
Alamosa Victim Response Unit
Albany Law School
Alice Paul House
ALIVE Alliance of Leaders in Violence Elimination
Alle-Kiski Area HOPE Center, Inc.
Alliance Against Domestic Abuse
Alliance Against Family Violence and Sexual Assault
Alliant International University
ALLYSHIP
Alternative Strategies
Alternatives to Violence, Inc.
American Congress of Obstetricians and Gynecologists,
Hawaii Section
American Gateways
American Indians Against Abuse
Angels Recovery & Spirituality
Anna Marie's Alliance
Anne Arundel County NOW
API Chaya
Apna Ghar, Inc. (``Our Home'')
Arab American Association of New York
Arab American Family Services
Archuleta County Victim Assistance Program
[[Page H789]]
Arise Sexual Assault Services
Arizona Bridge to Independent Living
Arizona Coalition Against Domestic Violence
Arizona NOW
Arizona State University
Arkansas Coalition Against Domestic Violence
Arkansas Coalition Against Sexual Assault
Arkansas NOW
Artemis Center
Artemis Justice Center
Asha Family Services, Inc.
Asha-Ray of Hope
Asia Pacific Cultural Center
Asian Law Caucus
Asian Pacific American Legal Center, Member of Asian
American Center for Advancing Justice
Asian/Pacific Islander Domestic Violence Resource Project
Association of Physicians of Pakistani Descent in N.
America (APPNA)
Atlanta Women's Center
AVENUES, Inc
Ayuda
Baltimore Jewish Council
Barren River Area Safe Space, Inc.
Battered Women's Legal Advocacy Project
Bay Area Turning Point, Inc.
Bay Area Women's Center
Belmont Community Hospital
Beloit Domestic Violence Center
Bethany House Abuse Shelter, Inc.
Betty Gallo & Company
Between Friends--Chicago
BIBLE FELLOWSHIP PENTECOSTAL ASSEMBLY OF NY INC.
Bluegrass Domestic Violence Program
Bolton Refuge House
Bolton Refuge House, Inc.
Boston Area Rape Crisis Center
Boston University Civil Litigation Program
Branches Domestic Violence Shelter, Inc.
Breastfeeding Hawaii
Bridge to Hope
Bridgeport Public Education Fund
Bridges to Safety
Bridges: Domestic & Sexual Violence Support
Broward Women's Emergency Fund
Buchanan County Prosecutor's Office
Bucks County NOW
Bucks County Women's Advocacy Coalition
C.O.T.T.A.G.E. Life Coaching, LLC
Cadillac Area OASIS/Family Resource Center
California Coalition Against Sexual Assault
California National Organization for Women
California Partnership to End Domestic Violence
California Protective Parents Association
Cambodian Women Networking Association
Caminar Latino
Caminar Latino, Inc.
Cape Organization for Rights of the Disabled
CAPSEA, Inc.
CARECEN Los Angeles
Casa de Esperanza
Casa de Proyecto Libertad
Catalyst Domestic Violence Services
Catholic Charities Diocese of Pueblo
Catholic Charities Hawaii
Catholic Charities of Chenango County
Center Against Sexual & Domestic Abuse, Inc.
Center for A Non Violent Community
Center For Behavioral Change, P.C.
Center for Creative Justice
Center for Pan Asian Community Services, Inc
Center for Policy Planning and Performance
Center for the Pacific Asian Family
Center for Women and Families
Center for Women and Families--Bridgeport, CT
Center for Women and Families of Eastern Fairfield County
Connecticut
Center of Women and Families of Eastern Fairfield County
Center on Domestic Violence
Center on Halsted
Centers Against Abuse & Sexual Assault
Central MN Sexual Assault Center
Centre Co. Women's Resource Center
CHANGE Inc./ The Lighthouse
Charlotte NOW
Cherokee Family Violence Center
Cherry Hill Women's Center
Child & Family Service--Hawaii
Children's Advocacy Center for Volusia and Flagler Counties
Children's Institute, Inc.
Choices Domestic Violence Solutions
Choose Victory Over Violence
Christ United Methodist Church, Rockford, IL
Circle--VT
Circle of Hope
Citizen Action of New York
Citizen Action of Wisconsin
Citizen Action/Illinois
Citizens Against Physical, Sexual, and Emotional Abuse,
Inc.
Citizens Against Violence, Inc.
City of Chicago
City of Denver
City of Santa Fe
Clackamas Women's Services
Clarina Howard Nichols Center
Clark County District Attorney Victim Witness Assistance
Center
Clearinghouse on Women's Issues
Clergy and Laity United for Economic Justice, Los Angeles
Cleveland Rape Crisis Center
Clinton County Women's Center
Collaborative Project of Maryland
Colorado Anti-Violence Program
Colorado Coalition Against Domestic Violence
Colorado Coalition Against Sexual Assault (CCASA)
Colorado Sexual Assault & Domestic Violence Center
Committee on the Status of Women
Community Action Partnership
Community Action Stops Abuse
Community Against Violence Taos, NM
Community Against Violence, Inc.
Community Alliance Against Family Abuse
Community Alliance on Prisons
Community Crisis Center of Northeast Oklahoma
Community Immigration Law Center
Community Overcoming Relationship Abuse
Compass Housing Alliance
COMPASS Rape Crisis
Connecticut Coalition Against Domestic Violence
Connecticut Sexual Assault Crisis Services
CONTACT Huntington
CONTACT Rape Crisis Center
ContactLifeline, Inc.
COPO (COUNCIL OF PEOPLE ORGANIZATION)
Cornerstone Advocacy Service MN
Council on American Islamic Relations (CAIR), Michigan
County Victim/Witness Program
Crime Victim and Sexual Violence Center
Crime Victim Center of Erie County
Crime Victims Center of Fayet County
Crime Victims Council of the Lehigh Valley, Inc.
Crisis Center & Women's Shelter
Crisis Center for South Suburbia
Crisis Center Foundation
Crisis Center of Central New Hampshire
Crisis Center, Inc.
Crisis Intervention & Advocacy Center
CT NOW
C-VISA, Coachella Valley Immigration Service and Assistance
DAP
Day One of Cornerstone
Daya Inc.
Daystar, Inc.
Daystar, Inc.
DC Coalition Against Domestic Violence.
DCY Dubuque Domestic Violence Program.
DE Coalition Against Domestic Violence.
Deaf Overcoming Violence through Empowerment.
Defying the Odds, Inc.
Delaware NOW.
Delaware Opportunities, Safe Against Violence.
Democratic Women's Club of Northeast Broward.
Des Moines NOW.
Detroit Minds and Hearts.
Dine' Council of Elders for Peace.
Direct Action Welfare Group (DAWG).
District Alliance for Safe Housing (DASH).
District Attorney Victim Witness Assistance Center.
Domestic Abuse & Sexual Assault Intervention Services.
Domestic Abuse Center.
Domestic Abuse Project.
Domestic Abuse Resistance Team [DART].
Domestic And Sexual Abuse Services, MI.
Domestic and Sexual Violence Services (DSVS) of Carbon
County Montana
Domestic and Sexual Violence Services, MT.
Domestic Harmony.
Domestic Safety Resource Center.
Domestic Violence Action Center.
Domestic Violence Action Center.
Domestic Violence Action Center Honolulu.
Domestic Violence Alternatives/Sexual Assault Center, Inc.
Domestic Violence Center of Chester County.
Domestic Violence HEALING Coalition.
Domestic Violence HEALING Coalition, West Coast.
Domestic Violence Intervention Program, Iowa.
Domestic Violence Project, Inc.
Domestic Violence Solutions for Santa Barbara County.
Douglas County Task Force on Family Violence, Inc.
Dove Advocacy Services for Abused Deaf Women and Children.
Dove Advocacy Services for Abused Deaf Women and Children.
Dove Story Beads.
DOVES in Natchitoches, LA.
DOVES of Big Bear Lake, Inc.
DOVES of Big Bear Valley, Inc.
Doves of Gateway
DOVES, Lake County.
Downtown Bethesda Condo Assn.
Dream Project Inc.
DSVS Red Lodge, MT.
DSVS-Carbon County, MT.
DuPage County NOW.
DVRCSC.
Empowerment Christian Community Corp.
End DV Counseling and Consulting.
Enfamilia, Inc.
Enlace Comunitario.
Enriching Utah Coalition.
Episcopal Women's Caucus.
EVE (End Violent Encounters).
Everywoman's Center.
Faith House, Inc.
Falling Walls.
Family Crisis & Counseling Center, Inc.
Family Crisis Center.
Family Crisis Center, Inc.
[[Page H790]]
Family Crisis Intervention Center.
Family Crisis Services.
Family LAW CASA.
Family Life Center of Butler County.
Family Place.
Family Refuge Center.
Family Rescue.
Family Rescue, Inc.
Family Resources.
Family Service of the Piedmont.
Family Services of Tulare County.
Family Shelter of Southern Oklahoma.
Family Shelter Service.
Family Violence Council.
Finding Our Voices.
First Step, Inc.
Florida Consumer Action Network.
Florida Council Against Sexual Violence.
Florida Equal Justice Center.
Florida National Organization for Women.
Florida NOW.
Forbes House.
Fordham Prep School
Fort Bend County Women's Center
Forward Together
Franciscan Physician Alliance
Franklin/Fulton Women In Need
Fredericksburg NOW
Freedom House
Friends for Democracy
Gateway Battered Women's Services
Gateway Family Services, Inc.
Georgia Coalition Against Domestic Violence
Georgia Mountain Women's Center, Inc.
Georgia Rural Urban Summit
Gila Regional Medical Center SANE
Gillette Abuse Refuge Foundation
Global Connections
Golden House
Good Shepherd Shelter
Greater Boston Legal Services, Inc.
Green Haven Family Advocates
Guam Coalition Against Sexual Assault & Family Violence
Guardian Angel Community Services
Gunnison County Law Enforcement Crime Victim Services
Gunnison County Sheriffs Office
Hamdard Center for Health and Human services
Hands of Hope Resource Center
Harbor House
Harbor House Domestic Abuse Programs
Harbor, Inc.
Harris County Domestic Violence Coordinating Council
Hartford GYN Center
Harvey County DV/SA Task Force, Inc.
Haven Hill, Inc.
Haven Women's Center
Haven Women's Center of Stanislaus
HAVEN, MT
HAVEN, Oakland
Hawai'i Women's Coalition
Hawaii Commission on the Status of Women
Hawaii Rehabilitation Counseling Assoc.
Hawaii State Coalition Against Domestic Violence
Hawaii State Democratic Women's Caucus
Healthy Mothers Healthy Babies
HEART Women & Girls
Hearts of Hope
HELP of Door County, Inc.
HelpLine of Delaware and Morrow County
HIAS Pennsylvania
Hispanic AIDS Awareness Program
Hispanic Federation
Hispanic United of Buffalo
Hmong American Women's Association
Hollywood Chapter of the National Organization for Women
Holy Cross Ministries
Hope House of South Central Wisconsin
HOPE of East Central Illinois
HOPE, Inc.
Hospira
Hospitality House for Women, Inc.
Hospitality House, Inc.
House of Ruth, Inc.
Human Rights Campaign
Human Rights Initiative of North Texas Inc.
Human Rights Initiative of North Texas, Inc.
Idaho Coalition Against Sexual & Domestic Violence
Idaho State Independent Living Council
IEC
Illinois Coalition Against Domestic Violence
Illinois Coalition Against Sexual Assault
Illinois National Organization for Women
Immigrant Law Center of Minnesota
Immigrant Legal Center of Boulder County
Immigration Services of Mountain View
IMPACT Safe
In Our Own Voices
IndependenceFirst
Independent Living Center of the North Shore & Cape Ann,
Inc.
Indiana Coalition Against Domestic Violence
Institute for Multicultural Counseling and Education
Services (IMCES)
Instituto Para La Mujer
International Association of Counselors & Therapists
International Women's House
Iowa Citizen Action Network
Islamic Association of Greater Detroit
Islamic Center of Greater Cincinnati
Jackson County SART
Jackson Engineering Women's League (JEWL)
Jackson NOW
Jacksonville Area Legal Aid, Inc.
Jafri Law Firm
Jane Doe Inc., The Massachusetts Coalition Against Sexual
Assault and Domestic Violence
Jeanne Geiger Crisis Center
Jeff Davis Communities Against Domestic Abuse CADA
Jewish Alliance for Law and Social Action (JALSA)
Jewish Child and Family Services
Jewish Community Action
Jewish Community Relations Council
Jewish Community Relations Council (Tucson)
Jewish Community Relations Council, Milwaukee Jewish
Federation
Jewish Family & Career Services, Atlanta, Georgia
Jewish Family Service of Los Angeles
Jewish Federation of Metropolitan Chicago
Jewish Federation of Metropolitan Chicago
Jewish Federation of the Sacramento Region
Johns Hopkins Technology Transfer
Just Harvest
Justice & Mercy Legal Aid Clinic
Justice and Mercy Legal Aid Clinic
Kanawha County Victim Services Center
Kankakee County Center Against Sexual Assault (KC-CASA)
Kansas City Anti-Violence Project
Kansas Coalition Against Sexual and Domestic Violence
Kentucky Association of Sexual Assault Programs
Kentucky Coalition for Immigrant and Refugee Rights
Kentucky Coalition for Immigrant and Refugee Rights
Kentucky Domestic Violence Association
Keystone Progress
King County Coalition Against Domestic Violence
L.A. Gay & Lesbian Center
La Casa de las Madres
La Voz Latina
Latin American Chamber of Commerce of Salt Lake City
Latina Safe House
Latinas Unidas por un Nuevo Amanecer
Latinas Unidas por un Nuevo Amanecer (LUNA, Iowa)
Law Students for Reproductive Justice
Legal Aid--District 11
Legal Aid Society of Rochester, Inc.
LGBT Community Center of New Orleans
LGO Consulting
Liberty House of Albany, Inc.
Local 242
Local 301
Local 365
Local 530
Los Ninos Services
Los Ninos Services INC
Louisiana Coalition Against Domestic Violence
Louisiana Foundation Against Sexual Assault
Louisiana NOW
Lutheran Social Services
M.U.J.E.R. Inc.
Maine Coalition to End Domestic Violence
Maine People's Alliance
Manatee Glens Rape Crisis Services
Manatee Glens Rape Crisis Services
Manavi
Manitowoc County Domestic Violence Center
Maijaree Mason Center
Maryland Commission for Women
Maryland National Organization for Women
Maryland Network Against Domestic Violence
Mary's Place Supervised Visitation & Safe Exchange Center
MataHari: Eye of the Day
MCADSV
MD NOW
Men on The Move
Men's Resources International
MensWork: eliminating violence against women, inc
Mercer County Family Crisis Center
Metropolitan Family Services
Metropolitan Organization to Counter Sexual Assault (MOCSA)
Mexican American Legal Defense and Educational Fund
Michigan Citizen Action
Michigan Coalition to End Domestic and Sexual Violence
Michigan Muslim Community Council, United Way for
Southeastern Michigan
Mid-Iowa SART
Minara Fellowship
MiNDS--Medical Network Devoted to Service
Minnesota Coalition for Battered Women
Minnesota Indian Women's Resource Center
Miracle Mile LA NOW
Mississippi Coalition Against Domestic Violence
Mississippi NOW
Mississippi Women Are Representing (WAR)
Missoula County Crime Victim Advocate Program
Missoula County Department of Grants and Community Programs
Missoula Crime Victim Advocate Program
Missouri Coalition Against Domestic and Sexual Violence
Missouri NOW
Missouri Progressive Vote Coalition
Missouri Women's Network
Mitchell County SafePlace Inc
Moloka'i Community Service Council
Monsoon United Asian Women of Iowa
Montana Coalition Against Domestic and Sexual Violence
Montana National Organization for Women
Montana NOW
Montana State Coalition Against Domestic and Sexual
Violence
[[Page H791]]
Montgomery County Commission for Women
Montrose Counseling Center
MORONGO BASIN UNITY HOME
Most Holy Trinity Social Justice Committee
Mount Carmel Crime & Trauma Assistance Program
Mountain Crisis Services, Inc
Moving to End Sexual Assault (MESA)
MS Coalition Against Sexual Assault
MSW court appointed special advocates supervisors
MUJER
Mujeres Latinas en Accion
Multi-Cultural Counseling and Services, Inc.
Muslim American Society of Charlotte
Muslim Bar Association
Muslim Community of Knoxville
Muslim Community of Western Suburbs
Muslim Mothers Against Violence
Mutual Ground, Inc.
NARAL Pro-Choice Montana
NARAL Pro-Choice Virginia
Nassau County Coalition Against Domestic Violence
National Association of School Psychologists
National Capital Area Union Retirees
National Coalition of 100 Black Women Central Ohio Chapter
National Council for Jewish Education
National Council of Jewish Women
National Council of Jewish Women--St. Louis Section
National Council of Jewish Women Concordia Section NJ
National Council of Jewish Women Illinois State Policy
Advocacy Committee
National Council of Jewish Women NY
National Council of Jewish Women Utah State Policy Advocacy
Chair
National Council of Jewish Women, Central Jersey Section
National Council of Jewish Women, Greater Rochester NY
National Council of Jewish Women, Greater Rochester Section
National Council of Jewish Women, Jersey Hills Section
National Council of Jewish Women, Louisiana State Policy
Advocacy Chair
National Council of Jewish Women, Missouri State Policy
Advocacy Chair
National Council of Jewish Women, New Jersey State Policy
Advocacy Network
National Council of Jewish Women, Sacramento Section
National Council of Jewish Women, Seattle Section
National Council of Jewish Women, Texas State Policy
Advocacy Network
National Council of Jewish Women, Washington State Policy
Advocacy Chair
National Council of Jewish Women, Westbury
National Council of Jewish Women, MI State Policy Advocate
Chair
National Council of Women RI
National Hispanic Media Coalition
National Organization for Women--AZ
National Organization for Women--Maryland NOW
National Organization for Women--Nebraska
National Organization for Women--New York City
National Organization for Women New York State Young
Feminist Task Force
National Organization for Women, Alexandria, VA Chapter
National Organization For Women, Bay County Chapter
National Organization for Women, Broward Chapter
National Organization for Women, Fayetteville, NC
National Organization for Women, Greater Rochester Chapter
National Organization for Women, North Carolina Chapter
National Organization for Women, NYC
National Organization for Women, Raleigh Chapter
National Organization for Women, Virginia Chapter
National Organization for Women, Washington, DC Chapter
Navos Mental Health Solutions
NC Coalition Against Sexual Assault
NCJW, Southern Maine Section
NCJW, Utah Section
NCJW, YWCA
ND Council on Abused Women's Services
Nebraska Domestic Violence Sexual Assault Coalition
Nevada Network Against Domestic Violence
New Beginning Center
New Beginnings
New Beginnings Without Violence and Abuse
New Hampshire Citizens Alliance for Action
New Hampshire Coalition Against Domestic and Sexual
Violence
New Haven Legal Assistance Association
New Hope for Women
New Hope For Women
New Horizons Shelter and Outreach Centers, Inc
New Jersey Citizen Action
New Jersey Coalition Against Sexual Assault
New Jersey Tenants Organization
New Mexico Asian Family Center
New Mexico Coalition Against Domestic Violence
New Mexico Coalition of Sexual Assault Programs, Inc.
New Mexico Voices for Children
New Mexico Women's Agenda
New Orleans Family Justice Center
New Orleans NOW
New York Board of Rabbis
New York City Anti-Violence Project
New York State Coalition Against Domestic Violence
New York State Coalition Against Sexual Assault
NEWSED C.D.C.
Nirvana Now!
Nisaa African Women's Project
Ni-Ta-Nee NOW
NJ Coalition for Battered Women
NOA's Ark, Inc./NOA
North Carolina Coalition Against Domestic Violence
North Dallas Chapter of the National Organization for Women
Northeast Williamsport NOW
Northern West Virginia Center for Independent Living
Northwest Georgia Family Crisis Center
Northwest Immigrant Rights Project
NOW Colorado
Oakland County Coordinating Council against Domestic
Violence
OASIS, Inc.
Ocean State Action
Office of Samoan Affairs
Ohio Alliance to End Sexual Violence
Ohio Domestic Violence Network
OhioHealth
OK Coalition Against Domestic Violence and Sexual Assault
Oklahoma Coalition Against Domestic Violence and Sexual
Assault
Olneyville Neighborhood Association
OPCC
Open Arms Domestic Violence and Rape Crisis Services
Option House, Inc.
Oregon Action
Otterbein University
Our Lady of the Lake University
OutFront Minnesota
PA Democratic State Committee, Elected Member
PA Immigrant & Refugee Women's Network (PAIRWN)
PADV Partnership Against Domestic Violence
Palm Beach County Victim Services and Rape Crisis Center
Parent-Child Center
Parents And Children Together, A Family Service Agency
Park County Sheriff's Office, Victim Services
Partners for Women and Justice
Partnership Against Domestic Violence
PASSAGES, Inc.
Pathways of West Central MN, Inc.
Path Ways PA
PCADV
Peace Over Violence
Pearl Crisis Center
Penn Action
Pennsylvania Coalition Against Domestic Violence
Pennsylvania Coalition Against Rape
Pennsylvania Council of Churches
Pennsylvania NOW
People Against Domestic and Sexual Abuse (PADA)
People Against Violent Environment
PERRETTA LAW OFFICE
Personal Development Center, Inc.
Philadelphia Coalition of Labor Union Women
Philadelphia Women's Center
Phoenix/Scottsdale NOW
Pinellas County Domestic Violence Task Force
Pittsburgh City Council Member William Peduto
Polk Co Women's Shelter
Portland Store Fixtures
Prairie Center Against Sexual Assault
Praxis Advisors
Prince George's Crime Victim's Fund
Program for Aid to Victims of Sexual Assault
Progressive Maryland
ProgressOhio
Project Celebration Inc.
Project Peer
Project: Peacemakers, Inc
Promise House, Inc.
Prosecutor's Office
Protecting Arizona's Family Coalition (PAFCO)
Pueblo Rape Crisis Services
Quinnipiac University
Rainbow Community Cares
Rainbow House Domestic Abuse Services, Inc.
Rainbow Services, Ltd.
Raksha, Inc
Range Women Advocates of Minnesota
Rape and Domestic Violence Information Center
Rape and Domestic Violence Information Center, Inc
Rape Assistance and Awareness Program
Rape Crisis Center
Rape Crisis Center, Catholic Charities, Inc.
Rape Crisis Services of The Women's Center
Rape Victim Advocates
REACH/FCC
Red Cliff Band of Lake Superior Chippewa Indians
Red Cliff Family Violence Prevention Program
Red Lodge DSVS
Refugio del Rio Grande
Renew
RESPONSE: Help for Survivors of Domestic Violence and
Sexual Assault
Rhode Island Coalition Against Domestic Violence
Rhode Island NOW
[[Page H792]]
Riverview Center
Rockford Sexual Assault Counseling
Rocky Mountain Immigrant Advocacy Network
Rose Forensic & Treatment Services, LLC (Denver, CO)
RSAC
RU12 Community Center
Rural Iowa Crisis Center
Ruth's Cottage
Ryan Immigration Law
S.A.F.E. House, NV
S.H.A.R.E., Inc.
SAFE
Safe Alternatives to Violent Environments (SAVE)
Safe Harbor
Safe Harbor Family Crisis Center
SAFE Harbor Inc.
Safe Harbor of NE KY
Safe Harbor of Sheboygan County, Inc.
Safe Haven
Safe Haven Ministries
Safe Haven of Greater Waterbury
Safe Havens Interfaith Partnership Against Domestic
Violence
Safe Homes of Orange County
Safe House, NV
Safe in Hunterdon
Safe Journey
Safe Nest
Safe Passage
Safe Shelter
Safe Space Inc.
SafeCenter
SAFEHOME, Kansas
Safehouse Crisis Center, Inc.
SafePlace
SAFER--Survivors Advocating For Effective Reform
SAGE Metro DC
Salaam Cleveland
Salt Lake Family Health Center
Sam Houston State University
San Luis Valley Immigrant Resource Center
San Luis Valley Victim Response Unit (Alamosa)
Sanctuary for Families
SANE of Otero & Lincoln County
Sankofa Counseling Center
Santa Barbara County Board of Supervisors
Santa Fe Natl. Organization for Women
SARA-Goodhue SMART
Sarah's Inn
SASHA Center
Saving Grace
SCSU Women's Center
Seattle Human Rights Commission
Seattle NOW
Seeds of Hope
SEPA Mujer
Servicios de La Raza
Sewing Renewal Network
Sexual Abuse Prevention Awareness Treatment Healing
Coalition of NWO
Sexual Assault Center of NWGA
Sexual Assault Counseling and Information Service
Sexual Assault Crisis Center of Eastern Connecticut, Inc.
Sexual Assault Network of Delaware
Sexual Assault Program of Beltrami, Cass & Hubbard Counties
Sexual Assault Resource Center of the Brazos Valley
Sexual Assault Response Advocates, Inc
Sexual Assault Response Network of Central Ohio
Sexual Assault Response Network of Central Ohio
Sexual Assault Services of NW New Mexico
Sexual Assault Support Services
Sexual Assault Victim Advocate Center
Sexual Assault/Domestic Violence Center
Shalom Bayit Program of Jewish Family & Career Services
Shasta Women's Refuge
Shelter from the Storm
Shenandoah Women's Center, Inc.
Silver Regional Sexual Assault Support Services
Sinclair Comm College
Sinclair Community College--Domestic Violence Task Force
SKIL Resource Center Inc.
SLV Regional Medical Center
Sojourn Services For Battered Women And Their Children
Sojourn Shelter & Services, Inc
Sojourner Family Peace Center
Sojourner House
Sojourner House
Solace Crisis Treatment Center
Solutions Center
Someplace Safe
South Asian Network (SAN)
South Carolina Coalition Against Domestic Violence and
Sexual Assault
South Dakota Coalition Ending Domestic & Sexual Violence
South Jersey NOW--Alice Paul Chapter
South Peninsula Haven House
South Suburban Family Shelter
South Suburban Family Shelter
Southern Arizona Center Against Sexual Assault
Southern New Mexico Human Development, INC
Southwest Counseling Center
SpeakOut Georgia LBGT Anti-Violence
Squirrel Hill NOW
St Vincent's Hospital
St. Agnes Hospital Domestic Violence Program
STAND! for Families Free of Violence
Starting Point: Services for Victims of Domestic & Sexual
Violence
Stonewall Democratic Club
Streamwood Police Department
Strong Hearted Native Women's Coalition, Inc
Sun City Democratic Club
Sun City/West Valley NOW
Support Center at Burch House
Support in Abusive Family Emergencies, Inc (S.A.F.E.)
Susan B. Anthony Project, Inc.
Susquehanna County Victim Services
Tacoma Women of Vision NGO
Tahirih Justice Center
Taos SANE at Holy Cross Hospital
Tennessee Citizen Action
Tennessee Coalition to End Domestic and Sexual Violence
TESSA of Colorado Springs
Tewa Women United
Texas Council on Family Violence
Texas Muslim Women's Foundation
The Break Away Group
The Bridge to Hope
The Center for Prevention of Abuse
The Center for Sexual Assault Crisis Counseling and
Education
The Center for Sexual Pleasure and Health
The Center for Women and Families
The Center for Women and Families of Eastern Fairfield
County
The Center for Women in Transition
The Domestic Violence Shelter, Inc. Richland County, Ohio
The Family Center
The Family Place
The Family Place, Dallas TX
The Good Shepherd Shelter
The Haven of RCS
The Hispanic Interest Coalition of Alabama (HICA)
The Latina Safehouse
The Mary Byron Project
The Network/La Red
The People's Press Project
The SAAFE Center
The Second Step
The Sex Abuse Treatment Center
The Sexual Assault Prevention Program
The Sexual Assault Response Network of Central Ohio
The Underground Railroad, Inc.
The Women's Center, Inc.
Three Rivers Defense
Transitions
Travis County Attorney's Office
Tri-County Council on Domestic Violence and Sexual Assault,
Inc.
Tri-County Mental Health and Counseling
Trinity Episcopal Church
Tri-Valley Haven
Tu Casa, Inc.
Tulsa Immigrant Resource Network, University of Tulsa
College of Law
Turning Point
Turning Point for Women and Families
Turning Point, Inc.
TX Association Against Sexual Assault
Unchained At Last
Underground Railroad (URR)
UNIDOS Against Domestic Violence
United Action for Idaho
United Migrant Opportunity Services
United Services, Inc.
Uniting Three Fires Against Violence
Univ. of Tulsa College of Law
University of Louisville PEACC Program
University of Miami School of Law Human Rights Clinic
UNO Immigration Ministry
UofM-Dearborn Student Philanthropy Council
Upper Ohio Valley Sexual Assault Help Center
Utah Assistive Technology Foundation
Utah Domestic Violence Council
Utah Women's Lobby
Valencia Counseling Service Inc.
Valley Crisis Center
Vera House, Inc.
Vermilion County Rape Crisis Center
Vermont Center for Independent Living
Vermont Council on Domestic Violence
Vermont Legal Aid, Inc.
Vermont Network Against Domestic and Sexual Violence
Victim Resource Center of the Finger Lakes, Inc.
Victim Services Inc.
Victim Services South Georgia Judicial Circuit
Victims Information Bureau of Suffolk
Victims Resource Center
Victim-Witness Assistance Services
Violence Free Coalition
Violence Intervention Program
Violence Intervention Project, Inc.
Violence Prevention Center of Southeastern IL
Violence Prevention Center of Southwestern Illinois
Virginia Anti-Violence Project
Virginia NOW
Virginia Sexual and Domestic Violence Action Alliance
VOA Home Free
VOA Oregon--Home Free
VOICE Sexual Assualt Services
Voices Against Violence
Voices Against Violence/Laurie's House
VOICES DV Stephenson County
Voices of Hope
Volunteer at first step Detroit
Volunteer Attorneys for Rural Nevadans
Volunteer Lawyers Network
VSF & F, LLC
WA State National Organization for Women
Washington Coalition of Sexual Assault Programs
Washington Community Action Network
Washington State Coalition Against Domestic Violence
Wayne County Chapter, National Organization for Women
Wayne State University
[[Page H793]]
West Ohio Annual Conference Team on Domestic Violence &
Human Trafficking
West Valley City Victim Services
West Virginia Citizen Action Group
West Virginia Coalition Against Domestic Violence
West Virginia Foundation for Rape Information and Services
Wild Iris Women's Service in Bishop, Inc.
William Kellibrew Foundation
WIN
WINDOW Victim Services
WINGS Program, Inc.
WIRC-CAA Victim Services
WIRC-CAA Victim Services
Wisconsin Coalition Against Domestic Violence
Wisconsin Coalition Against Sexual Assault
Wisconsin Coalition of Independent Living Centers
Wisconsin Community Fund
Wisconsin NOW
WOMAN, Inc
WOMAN'S PLACE
Womanspace, Inc.
Women Against Abuse
Women and Children's Horizons
Women and Families Center
Women Helping Women Lanai
Women In Need
WOMEN IN SAFE HOME, INC
Women In Transition
Women of Color and Allies Essex County NOW Chapter
Women Services Inc.
Women's Aid in Crisis
Women's Aid Service, Inc.
Women's and Children's Crisis Shelter, Inc.
Women's Business Development Center
Women's Center of Greater Danbury, Inc.
Women's Center of Jacksonville
Women's Center-High Desert, Inc.
Women's Coalition of St. Croix
Women's Crisis Center
Women's Crisis Support-Defensa de Mujeres
Women's Information Network
Women's Law Project
Women's Medical Center of Rhode Island
Women's Resource Center
Women's Resource Center for the Grand Traverse Area
Women's Resources of Monroe County, Inc.
Women's Services
Women's Services Inc
Women's Shelter of South Texas
WOMEN'S WAY
WomenSafe
WordsMatter.Episcopal Expansive Language Project
WV Coalition Against Domestic Violence
WV NOW
Wyckoff Heights Medical Center--Violence Intervention and
Treatment Program
Wyoming Coalition Against Domestic Violence and Sexual
Assault
Yavapai Family Advocacy Center
Your Community Connection Family Crisis Center
Youth Development Clinic
YWCA Adirondack Foothills
YWCA Alaska
YWCA Bellingham
YWCA Bergen County
YWCA Binghamton & Broome County
YWCA Bradford
YWCA Brooklyn
YWCA Central Carolinas
YWCA Central New Jersey
YWCA Central Virginia
YWCA Charleston WV
YWCA City of New York
YWCA Clark County
YWCA Cortland
YWCA Darien-Norwalk
YWCA Dayton
YWCA Dutchess County
YWCA DVPC
YWCA Eastern Union County
YWCA Elgin
YWCA Elmira & The Twin Tiers
YWCA Evanston North Shore
YWCA Fort Worth & Tarrant County
YWCA Genesee County
YWCA GLA
YWCA Glendale, CA
YWCA Greater Baltimore
YWCA Greater Cincinnati
YWCA Greater Flint
YWCA Greater Harrisburg
YWCA Greater Milwaukee
YWCA Green Bay
YWCA Greenwich
YWCA Hamilton
YWCA Hartford Region
YWCA Jamestown
YWCA Kalamazoo
YWCA Kankakee
YWCA Kauai
YWCA Kitsap County
YWCA Lancaster
YWCA Madison
YWCA McLean County
YWCA MDI
YWCA Metropolitan Chicago
YWCA Missoula
YWCA Mohawk Valley
YWCA Nashville & Middle Tennessee
YWCA National Capital Area
YWCA New Britain
YWCA New York City
YWCA Niagara
YWCA Northcentral PA/Wise Options
YWCA O'ahu
YWCA Oklahoma City
YWCA Orange County
YWCA Palm Beach County
YWCA Pierce County
YWCA Princeton
YWCA Queens
YWCA Rochester & Monroe County
YWCA Rock County
YWCA Rockford
YWCA Salt Lake City
YWCA San Diego County
YWCA Sauk Valley
YWCA Schenectady
YWCA Seattle/King/Snohomish
YWCA Southeast Wisconsin
YWCA Spokane
YWCA St. Joseph (MO)
YWCA Syracuse & Onondaga County
YWCA Tonawandas
YWCA Trenton
YWCA Troy-Cohoes
YWCA Tulsa
YWCA Ulster County
YWCA Victims' Resource Center
YWCA Walla Walla
YWCA West Central Michigan
YWCA Western MA
YWCA Western New York
YWCA Wheeling
YWCA White Plains/Westchester
YWCA Yakima
YWCA Yonkers
YWCA York
YWCA Youngstown
YWCA/SARP
Zacharias Sexual Abuse Center
Tribal Organizations
Samish Indian Nation
Alaska Federation of Natives
Sealaska Heritage Institute
Advocacy Resource Center
American Indian Task Force on DV/SA & Vulnerable
Populations, Inc.
Fort Belknap Indian Community
Great Plains Tribal Chairman's Association
Hoopa Valley Tribe
Kene Me-Wu, American Indian DV/SA Program
Muscogee (Creek) Nation
Pechanga Indian Reservation
Pueblo of Tesuque
Samish Indian Nation
Sault Sainte Marie Tribe of Chippewa Indians
Sault tribe Advocacy Resource Center
Susanville Indian Rancheria
Save Wiyabi Project
Uniting Three Fires Against Violence
Mrs. McMORRIS RODGERS. I reserve the balance of my time.
Mr. CONYERS. I yield 1\1/2\ minutes to the gentleman from Georgia
(Mr. Johnson), a distinguished member of the Judiciary Committee.
Mr. JOHNSON of Georgia. Today, Madam Speaker, I rise in opposition to
this hyperpartisan and inhumane House substitute version of the
Violence Against Women Reauthorization Act of 2013. This version is
inhumane and cynical because it removes certain classes of individuals
from the protections of the act as guaranteed by the Senate version.
This inhumane House version removes all references to gender identity
and sexual orientation, ignoring evidence that domestic and sexual
violence also affects LGBT victims at equal or greater levels than the
rest of the population.
It also limits protections for Native American women and omits some
protections for immigrant women. Why would we want to exclude these
populations from coverage? Vote ``no'' on the House substitute.
Mrs. McMORRIS RODGERS. I continue to reserve.
Mr. CONYERS. Madam Speaker, I am pleased to yield the balance of my
time to the gentlewoman from California (Ms. Chu), a distinguished
member of the Judiciary Committee, to close the debate on our side.
The SPEAKER pro tempore. The gentlewoman from California is
recognized for 1\1/2\ minutes.
Ms. CHU. I rise to oppose the House amendment. For nearly 20 years,
Congress worked on a bipartisan basis to expand and improve the
Violence Against Women Act. On three separate occasions, we found
common purpose in protecting survivors of domestic violence. Today, we
will try again.
The Senate bill protects immigrant, LGBT, and Native American
victims. The amendment takes this all away.
Right now, an immigrant woman who fears deportation could be
terrorized by a violent stalker. She would have no choice but to
continue to live every day in fear. The Senate bill fixes this by
giving this immigrant woman a legal means by which to save her life.
This amendment would deny that protection.
The point of this law is to protect the vulnerable, not to cherry-
pick who matters. It's time to return to bipartisanship and protect
victims. It's time for the House to pass the Senate VAWA bill as is. We
must oppose this amendment.
Mrs. McMORRIS RODGERS. Madam Speaker, I yield the balance of my time
to the gentleman from South Carolina
[[Page H794]]
(Mr. Gowdy) to close, a distinguished member of the Judiciary
Committee.
Mr. GOWDY. Liz Chesterman was an honors graduate from Hollins
University in Virginia. Then she got her Ph.D. in molecular biology.
Then she became a patent agent with the largest law firm in South
Carolina. And she still wasn't done. At night, she would sit in the
kitchen and study for the LSAT. She was going to go to law school. She
wanted to be a doctor and a lawyer. But her greatest accomplishment was
her character. She was smart, hardworking, a source of joy and
inspiration in the lives of everyone who worked with her and knew her.
And with just a little bit of luck, Madam Speaker, Liz Chesterman
could be speaking to you from the floor of the House of
Representatives. With just a little bit of luck, she would be
representing South Carolina in Congress. But she's not in the House of
Representatives, Madam Speaker. She's in a cemetery in Fort Wayne,
Indiana. Her husband couldn't stand her success, so he abused her. She
tried to escape, and she almost made it. She made it to the back door,
where he met her with a shovel, and he broke every single bone in her
face. And then he nearly decapitated her, leaving her in a pool of
blood in the kitchen where she used to study for the LSAT.
I run into her mom from time to time, Madam Speaker, in South
Carolina. She comes back for a victims right service. She's just like
Liz, warm and compassionate. And she always asks: What can I do to
help? Imagine that, a mother who lost a daughter in such a horrific way
wants to help.
And that got me wondering, well, maybe we should be asking what we
can do to help because we really can help. We can provide women a safe
harbor. We can provide the means to leave abusive relationships. We can
provide women the counseling that they need. We can accelerate the
prosecution of sexual assault cases so women don't have to wait and
wonder and worry about whether or not they're going to be abused again
before the case gets to trial. We can do all of that; but, I think,
Madam Speaker, we can do more.
{time} 1110
When my daughter was little, she would ask me to look under her bed
for monsters, and I did. But as our little girls grow into women, we
realize the monsters are not under the bed. The monsters are in the bed
and in the den and in the kitchen and on the college campuses and
walking the halls of the high schools and on the computer and on the
phone. And for some women, especially today, the monster is this broken
political system that we have, a broken political system which
manufactures reasons to oppose otherwise good bills just to deny one
side a victory.
The House version protects every single American, period, but it will
not get a single Democrat vote because it is our version. Welcome to
our broken political system. I never ask a victim if she is a
Republican or a Democrat. I never ask a police officer if he or she is
a Republican or a Democrat. I never ask a counselor if she is a
Republican or a Democrat. I never ask the parents of a victim if they
are a Republican or a Democrat because there are some things that ought
to be bigger than politics, and protecting people who cannot protect
themselves ought to be one of them.
And I had hoped that the House bill would allow us, Madam Speaker, to
join arms and walk on a common journey of protecting people who are
innocent and cannot protect themselves. And I had hoped, Madam Speaker,
that this fractured body could possibly be healed by something that
ought to be nonpartisan, like protecting women against violence. And I
had hoped, Madam Speaker, that just for 1 day, just 1 day, we will stop
scoring political points against each other and try to score political
points for other people. And I had hoped, Madam Speaker, that just for
1 day this body could speak with one clear, strong voice for all the
women who are too tired and too scared and too hurt and too dead to
speak for themselves. I had hoped that today would be the day.
Maybe next time, Madam Speaker, maybe next time.
Mr. VAN HOLLEN. Madam Speaker, I rise in strong support of this
comprehensive Violence Against Women Act reauthorization that passed
the Senate by an overwhelming 78-22 bipartisan majority. Today is a
victory for America's women--and for the possibility of bipartisanship
on important matters before the U.S. Congress.
This reauthorization strengthens the Violence Against Women Act by
protecting all victims of domestic violence, sexual assault, stalking,
and human trafficking. It authorizes vital funding for law enforcement
to investigate and prosecute these abuses, and it includes provisions
to make college campuses safer and to reduce the current rape kit
backlog.
Madam Speaker, the Senate version of the Violence Against Women Act
is endorsed by over 1300 organizations nationwide and was supported by
every Democrat, every woman senator, and a majority of Senate
Republicans. We should enact it without any further delay.
I urge a ``yes'' vote.
Mr. LOWENTHAL. Madam Speaker, I stand here today to urge my
colleagues to bring the Senate-version of the Violence Against Women
Act--a bill that would provide critical services to all victims of
domestic abuse--to the House floor.
We are faced with two versions of this bill--a GOP House bill that
waters down protections and a Senate bill that provides equal
protections.
As for the altered House version, which clearly rejects the equal
protections outlined in the Senate version . . . it is unfair, unjust,
and unacceptable.
The House substitute removes all references to ``gender identity''
and ``sexual orientation,'' despite clear evidence revealing that
domestic and sexual violence affects LGBT victims at equal or greater
levels than the rest of the population.
Rather than give tribes the authority they need to protect Indian
women, the House substitute limits tribes to charging an abuser with
misdemeanors punishable by no more than one year in prison, even if the
abuser has committed rape, a vicious assault, or another serious
violent crime.
Unlike the Senate bill, the House bill jeopardizes domestic abuse
survivors by including a provision that would allow immigration judges
to use unreliable evidence to deport persons who have been convicted of
domestic violence charges.
I urge the rejection of the GOP House bill and the reauthorization of
the Senate version of VAWA. The Senate version will make sure our LGBT
brothers and sisters receive appropriate care when they are victimized;
it will assure that immigrants, striving proudly toward citizenship,
will not have to hide behind their abusers in fear of deportation; and,
we can make sure that the three out of five American Indian women who
will experience domestic violence in their lifetime can have the peace
of mind to know that their abusers will not be given a way out of
prosecution.
Equal protection should never be open to political gamesmanship.
Equal protection is simply the right thing to do.
Mr. HASTINGS of Washington. Madam Speaker, during my service in
Congress representing Central Washington, I have always voted to renew
the Violence Against Women Act. As a husband, a father, and a
grandfather, I strongly believe that providing protection for all women
against domestic violence is a duty and a priority. Yet I am deeply
dismayed by the manner in which the current reauthorization of this
legislation (S. 47), which has long been a simple grant program, has
been hijacked in order to pursue unrelated political agendas in very
harsh politicized terms.
To be blunt, the bill is simply unconstitutional.
The Indian tribal provisions of S. 47 are the first time in the
history of our country that Congress will give tribes criminal
jurisdiction over non-Indians. The provisions, found in sections 904
and 905, declare that a tribe's power of self-government includes the
``inherent'' power of that tribe to exercise jurisdiction over all
persons, including non-Indians.
As I've said, these provisions are unconstitutional and contradict
over two centuries of law.
There are three fundamental principles underlying how Congress may
deal with Indian tribes. First, the Indian Commerce Clause,
supplemented by the treaty making powers in the Constitution, give
Congress what the Supreme Court has said is ``plenary'' power over
Indian affairs. Second, tribes are defined by the Indian status of
their members. Third, when tribes were brought under the jurisdiction
of the United States through actc, treaties, and Executive Orders, they
have been recognized for the purpose of self-government over their
internal affairs and members. Congress may recognize, or terminate,
tribes.
With these principles in mind, it is clear that the Indian tribal
provisions of the Senate bill are unconstitutional. The measures put a
non-Indian American citizen--on American soil--under the criminal
jurisdiction of a political entity to which the individual, because of
his
[[Page H795]]
race, may not consent. It violates the founding principle of this
Republic, which is a government only at the consent of the governed.
The bill overturns all precedents set by Congress and the Supreme
Court through its extension of a unique, self-governing power over
internal affairs of a race of people, into a territorial government
over everyone. The Supreme Court has long held that because tribes are
not parties to the Constitution, the Constitution, including the Bill
of Rights, do not apply to tribes.
In tribal court, an individual only has something called the Indian
Civil Rights Act. This provides a set of similar--but not identical--
rights as the Bill of Rights. They may be amended or repealed by mere
Act of Congress. Even if the rights were meaningful, however, the
Supreme Court in 1978 said these statutory rights are unenforceable in
federal court.
Does S. 47 provide a defendant with the right to appeal a tribal
judgment and conviction in federal court? No, it does not.
Section 904 of S. 47 openly allows discrimination against an
individual based on race, sex, age, or if he's an Indian, who he's
related to. Where the person's an American citizen, can be expelled
from their home and may not have any right to appeal a claim in an
impartial federal court.
As a result, enactment of Section 904 will be the first time that
Congress has purposefully removed a U.S. citizen's constitutional
rights while on American soil so that a political entity defined
according to ethnic ancestry may arrest, try, and punish the citizen.
If these arguments do not sound familiar to all, it will be to those
who have studied the pertinent case law and Supreme Court precedent
from the 18th century to present.
Beginning in modern times with Oliphant v. Suquamish Indian Tribe,
the Supreme Court held that tribes lack inherent jurisdiction over non-
Indians. Congress cannot recognize and affirm an inherent--that is to
say a pre-existing and continuing--power in a tribe when the Supreme
Court ruled the tribe never had it.
There's Duro v. Reina, in which the High Court held that Indian
tribes lack jurisdiction over non-member Indians.
In the 19th century, the Supreme Court in United States v. Kagama
declared there are only two sovereigns in the geographical limits of
the United States, and tribes are not one of them.
Case law, statutes, treaties, and historic dealings with Indian
tribes support the sole purpose of federal Indian law and policy: to
permit a racially defined group of people who were here first to
continue their unique way of life according to their own customs,
without interference from others.
This is an honorable and morally correct policy, one which I respect
and uphold. This is why I cosponsored legislation to exempt tribes from
a federal law permitting compulsory union work places on the
reservation, and supported exempting tribes from the Department of the
Interior's onerous hydraulic fracturing rule, a rule that could
devastate the economies of historically impoverished tribes.
For further clarification, let us examine the work of the
distinguished former Democrat Chairman of the Subcommittee on Indian
Affairs, the late Lloyd Meeds of Washington.
Chairman Meeds wrote that tribal powers ``have over and again been
labeled self-government and not sovereignty. It is one thing for the
Congress to permit tribal Indians to govern themselves and not be
subject to Federal constitutional limitations and general Federal
supervision. It is quite another thing for Congress to permit Indian
tribes to function as general governmental entities not subject to
Federal constitutional limitations or general Federal supervisions.''
(Separate Dissenting Views of Congressman Lloyd Meeds, D-Washington,
Vice Chairman of the American Indian Policy Review Commission, Final
Report, p. 579.)
``[T]he American people have not surrendered to Indians the power of
general government; Indians are given only a power of self-government.
They have the power to regulate only their members and the property of
their members. They have some governmental powers because and to the
extent that such powers are appropriate to the Federal policy of
allowing Indian peoples to control their own affairs. But there is no
Federal policy of allowing Indian peoples to control the liberty and
property of non-members. Tribal powers of self-government are limited
by their purpose.'' (Ibid, p. 585).
Our Nation has appropriately recognized Indian tribes' right of self-
government. Tribal self-government over Indians and their internal
affairs is important and should be respected. Yet self-government does
not and should not permit Indian tribal actions to trump the
Constitution or violate individual rights of non-Indians.
With the precedent being set under S. 47, tribes will return to
Congress for more, expanded power over non-Indians. There would be no
reason to deny granting such power, especially if the Constitution
continues to be viewed as an obstacle to addressing crime.
It is important to be clear about the scope of a tribe's criminal
jurisdiction granted under S. 47. It affects non-Indians who live,
work, or travel on 56 million acres of U.S. soil that happen to be
called Indian Country. In other words, the bill makes 56 million acres
of land in our nation ``Constitution-Free Zones'' where Due Process and
Equal Protection rights--as interpreted and enforced in U.S. courts--do
not exist.
What are these areas? There is a misconception that Indian Country is
just tribal trust land. In fact, the term Indian Country has a precise
meaning under Title 18 of the U.S. Code.
Indian Country includes not just land under tribal jurisdiction, but
all private lands and rights-of-way within the limits of every Indian
reservation under non-Indian jurisdiction. Homes, farms, schools,
businesses. Interstate highways, state roads, and secondary roads. All
private, non-Indian lands in Indian Country under the Senate bill are
Constitution-Free Zones.
There are incorporated non-Indian cities and towns in many
reservations and Indian Country, like Wapato and Toppenish on the
Yakama Reservation in my district. Take the Puyallup Indian Reservation
in Washington state encompassing parts of Tacoma and Fife. With one of
the busiest highways in the nation, Interstate 5, crossing the
reservation, the ancient reservation is inhabited primarily by non-
Indians living and working and going to school on mostly non-Indian
land under the civil and criminal jurisdiction of the State. Under the
Senate bill, this region is Indian Country on which the tribe may
exercise criminal jurisdiction with no Due Process and Equal Protection
rights guaranteed to the people living there.
Under a land claim settlement, taxpayers paid $162 million to the
tribe in exchange for the tribe ceding most authority over its
reservation. However, the ``notwithstanding any other provision of
law'' language in the Senate bill trumps and overrides the land claim
agreement.
Take the Coachella Valley in the State of California, with a number
of checker-boarded Indian reservations containing non-Indian
populations. Tribes in this Valley will get criminal jurisdiction over
residents in towns and cities such as Palm Springs for offenses
described in Section 904 of the Senate bill. In tribal court, the
residents of the Coachella Valley will not have their Due Process and
Equal Protection rights.
Take the Oneida Reservation in New York that encompasses about
300,000 acres, 99 percent of which is non-Indian land with non-Indian
towns and farms. Under the Senate bill, the tribe will have full powers
to arrest, prosecute, and jail residents of Madison and Oneida counties
for the offenses described in this bill, with no Due Process or Equal
Protection rights guaranteed by the Constitution.
The validity of sections 904 and 905 of S. 47 will eventually come
before the Supreme Court. When this happens, it won't be a question of
whether these provisions are struck down, but how many other tribal
powers will be rolled back, and how many domestic violence offenders
will be set free because of the misguided legislation before us.
Some will say that critics of the Senate bill are interested only in
the rights of criminal defendants. Then answer these questions: If
Congress can justify stripping a citizen of their constitutional rights
when accused of a crime, why can't it be justified for other classes of
crime, like theft, felony assault, and murder? Why limit the suspension
of the Constitution to Indian Country as defined under this bill? Why
not create new Indian reservations so there are more Constitution-Free
Zones where the Bill of Rights is not an impediment to law and order?
While the House Substitute would delegate criminal jurisdiction to an
Indian tribe over non-Indians, it at least guarantees that enforceable
constitutional protections are built in so that it might pass muster in
Court.
The timing of the consideration of S. 47 is interesting. While
proponents say that people have nothing to fear in tribal court, there
is at least one tribe in the State of Oklahoma embroiled in litigation
over its denial of tribal citizenship to the descendants of the African
slaves the tribe's 19th-century members owned. There are also entire
families of Indians in California dis-enrolled by their tribe in a
dispute over large cash per capita dividends from the tribe's casino,
who cannot get a federal court to review their Equal Protection claims.
These cases are merely the latest example of several tribes wielding
sovereign immunity to escape any liability for alleged harm caused by
possibly depriving individuals--including their own members and ex-
members--their constitutional rights.
On the one hand, Indian tribes want criminal jurisdiction over
individuals like the Freedmen of the Five Civilized Tribes or the dis-
enrolled
[[Page H796]]
Pechangas. On the other hand, they want to forbid these individuals
from participating in the tribes' government.
S. 47 makes more U.S. citizens like the disenfranchised Indians in
California and the Freedmen of the Five Civilized Tribes. It gives
tribes the power to put people in jail while denying them a voice in
the making of the laws that govern them.
The tribal jurisdictional provisions must be rejected.
Because of the historic policy change the House is poised to make
today, it is necessary to elaborate on why the tribal provisions of S.
47 are unconstitutional and contrary to all precedent, if not common
sense, in the United States' administration of federal Indian
relations.
Inherent Sovereignty
For moral and public policy reasons, Congress rightfully recognizes
Indian tribes as possessing powers of self-government over their
internal affairs and members. Not being parties to the Constitution,
Congress has tolerated--perhaps far too long--the power of a tribe to
deprive its members' civil rights guaranteed in our country's supreme
law. Because of this, Congress has enacted hundreds of laws since 1789
to protect Indians' unique status encroachment by states. At the same
time, Congress has never--until today--allowed a tribe to claim power
over a non-Indian.
The scope and nature of a tribe's jurisdiction was delineated in
Kagama: ``Indians are within the geographical limits of the United
States. The soil and the people within these limits are under the
political control of the Government of the United States or of the
States of the Union. There exist within the broad domain of sovereignty
but these two.'' (United States v. Kagama, 118 U.S. 375, 379 (1886)).
Tribal self-government is therefore not a general government power
equivalent to that of a state, but a federal policy governed by
Congress for the promotion of Indian self-determination and to preserve
and advance their way of life.
Tribal Jurisdiction over Individuals
The reason why the tribal provisions of S. 47 should, I believe, be
struck down is best described by the Supreme Court.
``The effort by Indian tribal courts to exercise criminal
jurisdiction over non-Indians, however, is a relatively new phenomenon.
And where the effort has been made in the past, it has been held that
the jurisdiction did not exist.'' Oliphant v. Suquamish Indian Tribe,
435 U.S. 191 (1978).
``A tribe's additional authority comes from the consent of its
members, and so, in the criminal sphere, membership marks the bounds of
tribal authority.'' (Duro v. Reina, 495 U.S. 676 (1990)).
``Retained criminal jurisdiction [of tribes] over members is accepted
by our precedents and justified by the voluntary character of tribal
membership and the concomitant right of participation in a tribal
government, the authority of which rests on consent . . . With respect
to such internal laws and usages, the tribes are left with broad
freedom not enjoyed by any other governmental authority in this country
. . . This is all the more reason to reject an extension of tribal
authority over those who have not given the consent of the governed
that provides a fundamental basis for power within our constitutional
system.'' (Ibid).
Proponents of Section 904 of S. 47 argue that tribal jurisdiction
over non-Indians who cannot participate in tribal government is
reasonable because it covers only a narrow class of domestic violence
crimes, and it includes measures designed to protect a defendant's
rights. These do nothing, however, to address the fact this scheme
violates the Constitution. As pointed out in dissenting views filed in
the Senate last year on these Indian tribal provisions (S. 1925 in the
112th Congress), ``While the present bill's jurisdiction is limited to
domestic-violence offenses, once such an extension of jurisdiction were
established, there would be no principled reason not to extend it to
other offenses as well.''
In seeking to repeal Oliphant, advocates of the Senate language
repeatedly rejected offers to increase law enforcement resources in
Indian Country, including law enforcement personnel, funding, training,
certification, cross-deputizing, and other tools for tribes, U.S.
Attorneys, and State law enforcement agencies to arrest and prosecute
men who harm Indian women in Indian Country. When the Supreme Court
strikes down this bill, how will Indian women be protected given the
rejection of law enforcement resources?
This begs a question: since there has been a pressing need to address
terrible domestic violence across Indian Country for many years, why
did no Member of Congress or U.S. President propose to reverse Oliphant
for 33 years? The first such proposal came in 2011, right after the
House Democrats lost their majority in a landslide to Republicans, and
a year before a presidential election where a political message often
called the ``War on Women'' was developed?
Is the proposed reversal of Oliphant a serious attempt to help Indian
women who have been victimized? If it were, then Congress would not
have let 35 years go by without proposing a jurisdictional change,
including spans of time when advocates were in control of the White
House and the Congress.
It is abundantly clear the unconstitutional Oliphant reversal is not
aimed at helping vulnerable Indian women. It is a political means to an
ideological end, one that will ultimately backfire when it is struck
down by the High Court, leaving Indian women unprotected because the
advocates had rejected offers of increased federal and tribal law
enforcement resources in Indian Country.
United States v. Lara
Advocates for inherent tribal power over non-Indians argue the Senate
bill is permissible under the United States v. Lara. This reflects a
common misunderstanding of Lara.
This case concerned an Act of Congress to reverse Duro v. Reina. In
the so-called Duro ``fix'', Congress gave tribes jurisdiction over non-
member Indians (i.e. Indian individuals not members of the tribes
exercising jurisdiction over them). In Lara, the question before the
Court was whether Billy Jo Lara, an Indian man convicted by both a
tribal court and a federal court for the same crime, had been twice put
in jeopardy. Resolving this hinged on another question, the only one
the Court considered: did the tribe's jurisdiction over Lara
(authorized by the Duro ``fix'') result from the recognition of
``inherent authority'' or from a federal delegation of power?
A majority of the Court held that the Duro ``fix'' law stemmed from
an Act of Congress to recognize the inherent power of the tribe, not to
delegate a federal power. As a result, Lara was not put twice in
jeopardy because the tribe that convicted him did so as a separate
sovereign, not as an agent of the federal government.
Contrary to what tribal advocates have been arguing, the Supreme
Court did not find the tribe's jurisdiction over Lara to be
constitutional. Why? Because the Court declared it was not facing ``a
question dealing with potential constitutional efforts to legislate far
more radical changes in tribal status.'' (Majority opinion, U.S. v.
Lara) The Court was not considering ``the question whether the
Constitution's Due Process or Equal Protection Clauses prohibit tribes
from prosecuting a nonmember citizen of the United States'' (Ibid).
The reason why was because, as Anthony Kennedy's separate concurring
opinion stresses, ``The proper occasion to test the legitimacy of the
tribe's authority, that is, whether Congress had the power to do what
it sought to do, was in the first, tribal proceeding. There, however,
Lara made no objection to the tribe's authority to try him.'' (Kennedy
concurring opinion). In other words, Billy Jo Lara waived any right to
challenge the constitutionality of the tribe's criminal jurisdiction
over him, a non-member Indian. The Court was reviewing only whether the
federal government put him twice in jeopardy.
Kennedy goes out of his way to cast doubt on the constitutionality of
Congress recognizing tribal jurisdiction over non-Indians and over non-
member Indians. ``[lit should not be doubted that what Congress has
attempted to do is subject American citizens to the authority of an
extraconstitutional sovereign to which they had not previously been
subject.'' (Kennedy concurring opinion).
Those who say the Supreme Court holding in Lara have probably not
read it. Perhaps fittingly, Justice Kennedy was the lone dissent in the
Ninth Circuit Court of Appeals decision in Oliphant, a dissent
ultimately vindicated by the U.S. Supreme Court that Kennedy would
years later join.
In conclusion, S. 47 denies basic rights, is unconstitutional and
will be tied up in court challenges for years.
Mr. MARKEY. Madam Speaker, I rise today in strong support of S. 47,
the Senate's bipartisan, comprehensive reauthorization of the Violence
Against Women Act that passed 78-22.
I look forward to the House passing this crucial bill later today and
sending it to the President.
The House Republicans delay in bringing this bill forward is
inexcusable. It should have been the law of the land last year.
Why did they delay it? In no small part because of their concern over
recognizing tribal authority to protect Native American victims of
domestic violence, even though Native women are victimized at a rate
that is more than twice the national average.
I stand with the National Congress of American Indians, the oldest
and largest tribal organization in the country, in opposing the
Republican substitute amendment and supporting the Senate version. It
is well past time that Congress recognizes the inherent power of tribal
nations to protect their own and hold criminal offenders, regardless of
race, accountable.
Indeed, I stand with all women of this country to say ``no more.'' No
more delay in reauthorizing this bill. No more escape for those who
attack women. No more violence against women.
[[Page H797]]
Mr. BENTIVOLIO. Madam Speaker, legislation that is passed here needs
to be more than just a title that sounds good in the press. I
understand that when most in this country hear the ``Violence Against
Women Act,'' they think, ``of course I don't support violence against
women. This must be a great bill.'' When I was a high school teacher I
used to tell my English students that you can't judge a book by its
cover. Well, maybe we should learn here in Congress that you can't
judge a bill by its title.
The gruesome and oftentimes cruel experience of domestic violence
should not happen to anyone. It shouldn't matter what race or ethnicity
you are. It shouldn't matter your religion, your sexual orientation,
age, immigration status or economic standing. And it shouldn't matter
your gender. No one should feel unsafe at home.
Unfortunately, this bill doesn't do that. This bill segregates people
into groups, making gendered designations that assume a feminization of
victimhood. We live in a fallen world in which all kinds of people are
capable horrid, violent behavior, every victim of domestic violence
should receive protection and support regardless of their
circumstances. I wish this bill simply dealt with domestic violence
instead of gender stereotypes.
Furthermore, the Tenth Amendment exists and we can't ignore it. Each
State already has criminal statues targeting domestic violence. If more
laws are needed, there is no reason why each state can't pass stronger
laws. I understand that there are cases where Washington can help,
that's why I support the SAFE Act, which will end the needless backlog
of rape kits, leaving too many sexual predators still at large. I wish
we were voting on that today and I hope we can do so as soon as
possible.
Laws should be passed that don't place people into groups. My
constituents sent me to Washington to vote for sound policy, not for
titles that just sound good in the media. For these reasons, I cannot
support this bill.
Mr. FALEOMAVAEGA. Madam Speaker, I rise today in support of S. 47,
the Violence Against Women Reauthorization Act of 2013. I urge my
colleagues to pass this bill which aims to protect all Americans from
domestic and sexual abuse.
I thank Speaker Boehner for bringing S. 47 to the House floor for a
vote. This bill passed in the Senate earlier this month by a vote of
78-22. Altogether, 23 Republican senators voted for this bill,
including every Republican woman senator. Madam Speaker, this bill,
introduced by Senator Patrick Leahy, a Democrat, and Senator Mike
Crapo, a Republican, is not only bipartisan, but it is also a
comprehensive and inclusive solution to the domestic and sexual
violence plaguing American society.
While I fully support reauthorization of this law which, since 1994,
has been an essential tool to protect victims of domestic and sexual
violence, I do, however, have major concerns with the GOP substitute to
this bill. Unlike S. 47, the substitute offers a lesser form of
protection for Indian women abused on tribal land.
The House version requires that Native American tribes seek
certification from the U.S. Department of Justice before they are able
to prosecute non-Indian offenders on tribal land. Madam Speaker, this
doesn't make any sense. A sovereign tribe should not have to willingly
hand over part of their sovereignty to prosecute these offenders.
Ultimately, the House version falls short of protecting Native American
women.
However, today the House has an opportunity to pass S. 47 which is
supported by those it aims to protect, including the Native American
community. S. 47 offers comprehensive protection for all of our people,
not just some.
Madam Speaker, unfortunately, domestic and sexual crimes have been on
the rise in the U.S., including my district of American Samoa. And like
many cases in the States, almost always, the perpetrator is a family
member or close neighbor.
Furthermore, these crimes often go unreported due to fear of
authorities or shame. It is the fear to come forward that allows
abusers to continue their abuse. But when laws are in place to offer
full support and protection for victims, we can ensure that more and
more of these victims will come forth and their abusers are brought to
justice.
Through this inclusive legislation, S. 47, we take one step forward
to reinforce support even for the most marginalized communities. Today
the House has the opportunity to pass this bill to protect all people,
whether they are from the inner city or a tribal reservation, whether
they are immigrants who would otherwise be afraid to come forward, or
whether they are part of the LGBT community.
Madam Speaker, I urge my colleagues to vote no on the House amendment
and to pass S. 47, a bill to protect all people, because that, Madam
Speaker, is what America is all about.
Mr. HOLT. Madam Speaker, I am pleased to be support this very good
bill. I only wish it had been allowed on the House floor a year ago for
a vote.
For the first time in years, the Congress is poised to pass a VAWA
reauthorization that is worthy of the name. Finally, we will be
providing real protections for a number of vulnerable populations among
America's women.
Of course, this bill almost didn't make it to the House floor. The
House majority was going to simply sit on S. 47 and offer their own
VAWA substitute. After a massive public shaming, the majority backed
down. They are still offering their own so-called substitute--which is
a sham--but we will also have the chance to vote on the Senate bill,
which is the true VAWA reauthorization.
This bill provides tangible, enforceable protections for LGBT, Native
American and immigrant victims of sexual assault and domestic violence.
The bill will help ensure the availability of services to all victims
of domestic and dating violence, no matter their sexual orientation or
gender identity. S. 47 also provides authority to Native American
tribes to prosecute non-Indian perpetrators for a narrow set of crimes
related to domestic, dating violence and violations of protecting
orders. The Senate bill also adds stalking to the list of crimes for
which victims can receive protection through the U-Visa program.
Finally, S. 47 also includes authorizations for programs preventing
human trafficking, sexual assault on college campuses, as well as
additional resources to address rape kit backlogs.
Madam Speaker, this day has been entirely too long in coming, but I
am pleased that it is finally here and I urge my colleagues to join me
in supporting this bill and sending it to President Obama for his
signature.
Mr. GRIJALVA. Madam Speaker, I rise today to express my support for
the Senate-approved Violence Against Women Act reauthorization bill
known as S. 47 and to explain my concerns about its counterpart in the
House.
Since it was first authorized in 1994, VAWA has supported countless
victims of domestic violence, stalking, dating violence and sexual
assault. VAWA-funded programs have provided housing and legal services
to survivors across the country. The law has provided police and
nonprofit organizations the resources they need to investigate more
cases and prosecute those responsible. Over time, VAWA has
progressively protected more Americans, including seniors and Americans
with disabilities.
VAWA has meant tangible successes in the fight against domestic and
other forms of violence. Reporting of these incidents has increased by
51 percent since 1994, when we first passed the law.
S. 47 builds on these successes by adding protections for immigrants,
Native Americans, and LGBT Americans. Under this measure, Native
Americans will be able to effectively address sexual violence in their
own communities. U-Visa holders will receive new legal protections
against stalking. LGBT Americans will be added to the measure's non-
discrimination clause. More funding will be given to college campus
programs that combat human trafficking and sexual assault.
I applaud my colleagues in the Senate for passing this strong measure
78 to 22 with bipartisan support.
Unfortunately, my colleagues introduced a weaker and unacceptable
House version of S. 47 last week. It removes the necessary protections
for Native Americans, immigrants, and LGBT Americans and weakens the
Trafficking Victims Protection Act and the SAFER Act.
As lawmakers, we must cement protections for every American harmed by
sexual violence--regardless of race, sexual orientation, or country of
origin.
As discussions of VAWA conclude this week, I urge my colleagues to
support the Senate bill, and to accept no substitute for a strong,
inclusive final product.
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, the Violence
Against Women Act (VAWA) has historically provided a vast network of
support for victims of domestic violence, dating violence, sexual
assault, and stalking since its initial passage in 1994. As the House
considers the reauthorization of these critical protections, Members of
Congress will have to choose between two vastly disparate futures for
the women of our Nation.
In one future, the House extends these important protections for all
Americans by approving the Senate-passed reauthorization of VAWA, S.
47. This bipartisan bill not only extends the protections afforded to
women under previous reauthorizations, but also expands those
protections to LGBT individuals, Native Americans, and immigrants. In
this future, abusive partners and perpetrators of violence are swiftly
brought to justice as Congress builds upon the successes of VAWA, and
incorporates new and innovative approaches to combating violence
against women.
However, in a harshly dissimilar future that could be realized
through the passage of the House substitute bill, only select groups of
battered and abused women are protected
[[Page H798]]
from violence or sexual assault. In this dismal scenario, college
students, Native Americans, LGBT individuals, and others are left to
fend for themselves against their attackers. In this future,
perpetrators may remain confident that the strain on limited law
enforcement resources will prevent them from being prosecuted for these
gross violations of the law. This is not the future that I would want
to envision for these victims of violence.
Madam Speaker, the Senate-passed version of the VAWA reauthorization
is the result of extensive deliberation and consultation with real
victims of violence, law enforcement personnel, and outside
organizations that specialize in combating domestic violence and abuse.
This Congress must vote to pass S. 47 immediately if we are to stand
behind the women of this Nation, and send a strong message that these
acts will not be tolerated. Every victim of domestic violence in
America deserves equal protection under the law, and the House
substitute to VAWA does not acknowledge the pervasiveness and severity
of the violence that women must face each and every day.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I rise in support
of the Senate version of the Violence Against Women Act. According to
the US Department of Justice, in 2007 intimate partners committed 14
percent of all the homicides in the United States.
In 2007, of all the deaths caused by Intimate Partner Violence, 70
percent were females and 30% were males.
In 2008, females age 12 or older experienced about 552,000 nonfatal
violent victimizations by an intimate partner.
From 1994 to 2010, about 4 in 5 victims of intimate partner violence
were female.
All those numbers are all real. And so are the tragedies behind them.
The body count is indisputable. The pain--the suffering--the loss--are
hard to bear even in our imaginings.
And the damaging effect on the children that witnessed such acts of
violence--lingers into future generations--spreading its toxic effects.
Grim facts like these are why the Violence Against Women Act was
originally passed: Women were dying--disproportionately--from intimate
partner violence. Women were the ones being beaten. Women were the ones
being raped. And the ordinary efforts of law enforcement at the time--
were simply not able to keep them safe.
More needed to be done to stop the plague of violence. And that is
why the Violence Against Women Act was passed with strong bi-partisan
support. And was re-authorized--again--with strong bi-partisan support.
And yet somehow--in this sad new world of partisan politics and
endless rancor--the simple reauthorization of the Violence Against
Women Act has become a political football. A way--not to save lives--or
keep women and children safe--but to score points--to win a game.
But this is not about politics--this is about the single most
fundamental task that we require of our government--keep it's citizens
safe from violent assault.
That is what the Violence Against Women Act is about--keeping people
safe--people who are at clearly demonstrable risk.
And in America--we have long stood by the principle that the
protections of the law are not meant just for some--not just for those
who may be in greater favor or hold greater sway. But the law should be
there to keep all people safe. Period.
And yet--our Republican colleagues have seen fit to weaken the
Violence Against Women Act and strip from the Senate version of the
bill--new protections for populations that we know beyond dispute have
been victimized by intimate partner violence--and are in need of
protection.
We know that long standing prejudices put these populations at risk.
We know that without the specific protection of the law--they will
continue to suffer. And yet these protections have been stripped.
And we know beyond question--there are estimates that hundreds of
thousands of rape kits are sitting on shelves un-tested--and that each
and everyone of those rape kits may hold the information that will
solve a violent crime--and bring some closure to a traumatized victim.
And yet our Republican colleagues weakened the bill and ripped from
the VAWA a provision which I sponsored, that would help state and local
governments conduct audits of those rape kits with no new spending.
The SAFER Act (H.R. 354) would also have provided a measure of open
government and public accountability, by requiring audit grantees to
issue regular public reports that detail the progress they have made in
clearing the rape kit backlog.
Additionally, it would have allowed the National Institute of Justice
to publish a set of non-binding protocols and practices to provide
guidance in cases that include DNA evidence. And yet the Republicans
chose to weaken the bill and take that out.
We also know that recent studies have shown that 1 in 5 women will be
sexually assaulted during her college years.
That grim statistic is made even worse by the fact that a study of
sexual assaults on campuses, showed that even though victims' may be
profoundly traumatized, the students deemed `responsible' for the
sexual assaults typically faced little in the way of real consequences.
How then, could Republican's in the House also strip from the Senate
version of the Violence Against Women Act, The Campus Save Act (H.R.
812), another provision I offered that would increase the obligations
of colleges to keep students safe and informed about policies on sexual
assault?
To keep your daughters safer, the bill would also have required
colleges to collect and disclose information about sexual assault; and
to update and expand existing domestic violence, dating violence, and
stalking services on their campuses. And yet Republicans chose again--
to weaken the bill--and to take that out.
To turn a blind eye to such a fundamental obligation of government--
to simply keep its citizens safe from sexual assault--is to throw up
your hands and surrender to a level of savagery that is unworthy of a
great nation.
Let's Renew VAWA Today
(By Carolyn Maloney)
Today, Congress has an historic opportunity to reauthorize
the Violence Against Women Act (VAWA). It has been more than
500 days since VAWA expired and women have gone without
critically important protections. Despite the fact that last
year the Senate voted on a large bipartisan basis to renew
VAWA, the House Republican leadership blocked a vote on that
bill and instead pursued a highly partisan plan that actually
narrowed VAWA's protections.
Last week, the Senate again passed a bipartisan bill (S.
47) to reauthorize VAWA and today my colleagues and I in the
House may finally get the vote we have been waiting for. The
Senate bill renews and expands VAWA's protections and also
includes several new provisions I have been pushing for years
to help rape victims, reduce violence on college campuses and
assist human trafficking victims.
The facts are indisputable and they are grim. Women are far
more likely than men to be the victims of domestic violence.
Women are the ones being beaten. Women are the ones being
raped. Without VAWA, the federal government is extremely
limited in what it can do help combat this plague of
violence.
I was proud to be an original cosponsor of the Violence
Against Women Act when Congress passed it in 1994, and was
proud to support the previous renewals in 2000 and 2005.
These bills always enjoyed large, bipartisan support.
Yet somehow in this sad new world of partisan politics and
endless rancor, even the Violence Against Women Act has
become a political football. But this is not about politics.
It is about the single most fundamental task that we require
of our government--to keep its citizens safe from violent
assault.
In America, we have long stood by the principle that the
protections of the law are not meant just for some. The law
should be there to keep all people safe. That is why I
support the Senate bill's expansion of VAWA to protect
vulnerable populations such as Native American victims, LGBT
victims, and immigrant victims.
We know that long standing prejudices put these populations
at risk. We know that without the specific protection of the
law, they will continue to suffer. We cannot let these
protections fall by the wayside.
I'm also incredibly proud that the Senate's VAWA bill
includes two bipartisan bills I authored that will help keep
women safe and do not cost any new money--The SAFER Act (H.R.
354), which I introduced with Rep. Ted Poe, and the Campus
SaVE Act (H.R. 812).
According to some estimates, hundreds of thousands of
untested rape kits are sitting on lab shelves across the
country. Each and every one of these rape kits may hold the
information to solve a violent crime and bring some closure
to a traumatized victim. By creating a new grant mechanism to
conduct audits of unprocessed kits so that the backlog can be
tracked and reallocating funding already approved under the
Debbie Smith Act so that more money is spent processing
untested rape kits, the SAFER Act will help eliminate this
backlog--and apprehend more rapists.
My other bill included in the Senate's VAWA version, the
Campus SaVE Act, will increase the obligations of colleges to
keep students safe and informed about sexual assault
policies. Recent studies have shown that 1 in 5 women will be
sexually assaulted during their college years. To keep our
daughters safer, the bill requires colleges to collect and
disclose information about sexual assault, and to update and
expand domestic violence, dating violence, and stalking
services on their campuses.
The Senate bill also reauthorizes the Trafficking Victims
Protection Reauthorization Act, providing programs and
services to help victims of human trafficking rebuild their
lives. For years I have fought to end human trafficking in
America and around the globe and I commend the Senate for
including this amendment to end this modern day slavery.
[[Page H799]]
When the House considers the Violence Against Women Act
later today I will urge my colleagues to pass the Senate bill
with the same overwhelming bipartisan support it received in
the other chamber. We cannot turn a blind eye to such a
fundamental obligation of government, keeping its citizens
safe. With today's vote on VAWA, the House has an opportunity
to renew our nation's commitment to do everything we can to
protect our sisters, daughters, nieces, mothers, and
grandmothers from violence. I hope we take it.
Mr. BLUMENAUER. Madam Speaker, the satisfaction I have that we've
finally renewed the Violence Against Women Act is tempered by how hard
it was to get the acceptance of two critically important provisions.
Why should there be any question about respect for Native Americans'
sovereignty in their own territory to protect their own female
citizens? Arguments to the contrary are bogus and demeaning.
It was also critical that protection be extended to people regardless
of their sexual orientation.
This victory is a small sign of the shifts in the House where
Democrats are united in supporting core values and a minority number of
Republicans, increasing in number, are willing to buck their leadership
and the Tea Party majority. It would be nice if this could carry
forward to other critical issues of the day.
Mr. PASCRELL. Madam Speaker, while I'm glad that we will have the
opportunity to vote on Senate passed version of the Violence Against
Women Act today, I can't believe that we have to stand here playing
partisan political games with legislation meant to protect the most
vulnerable among us.
Since the Violence Against Women Act first passed in 1994, it has had
strong bipartisan support. Instead of passing the bipartisan Senate
bill, a bill that received 77 bipartisan votes, including the vote of
every woman Senator, the majority has decided instead to turn women's
safety and security into another partisan political fight by offering
their substitute. The statistics tell the chilling story. According to
the CDC 2010 National Intimate Partner and Sexual Violence Survey, on
average 24 people per minute are victims of rape, physical violence, or
stalking by an intimate partner in the United States. In New Jersey
alone, there were 70,311 domestic violence offenses reported by the
police in 2011.
The Violence Against Women Act has made great strides when it comes
criminal justice and community-based responses to domestic violence,
dating violence, sexual assault and stalking in the United States. It
shouldn't matter if a woman is an immigrant, or a member of the LGBT
community, or a Native American. All women deserve the protections
provided by VAWA.
Instead of strengthening the Senate language, the Majority's
substitute waters down or completely erases provisions that would make
sure that victims are not denied services because they are gay or
transgender. It also fails to fully protect the confidentiality of
immigrant women.
I reject that partisan approach. I urge my colleagues to vote no on
the Republican substitute, and yes on the Senate bill.
Let's show the American people that despite our differences,
bipartisanship is possible, and Congress can in fact get some common
sense things done. We need legislation that lives up to its name, and
lives up to the promises we have made to all women in this nation.
Ms. CLARKE. Madam Speaker, today, I rise in support of the Senate
passed bill, S. 47, the Violence Against Women Reauthorization Act of
2013 also known as ``VAWA.''
This bipartisan bill expands the authority of the Federal Government,
the States, law enforcement, and service providers to prevent domestic
violence, dating violence, sexual assaults and stalking.
In 2012, the New York City Police Department responded to two hundred
sixty three thousand two hundred seven (263,207) domestic violence
incidents; this averages to over 720 incidents per day.
Yet, there are countless more people that are victims of domestic
violence that did not call the police. Estimates range from one to
three million victims per year, who have experienced violence by a
current or former spouse, boyfriend, or girlfriend.
These stats are more than numbers--they represent our sons and
daughters; our mothers and fathers; our friends and neighbors.
Victims of all races, genders, sexual orientation and nationality are
equally vulnerable to violence by an intimate partner.
The Senate bill includes provisions that that will allow every victim
of domestic violence to receive protection. The bill specifically
includes language that makes it clear that members of the LGBT
community should be afforded protection under the reauthorized VAWA.
It also extends the protection of domestic violence laws to
undocumented immigrants. Undocumented immigrants are often one of the
most vulnerable populations due to their fear of deportation and due to
the fact that they were denied access to many of the programs funded by
VAWA.
Often undocumented immigrants and members of the LGBT community
suffered--and died--in silence as a result of domestic violence. So, I
applaud the Senate for recognizing that the status quo simply just
won't do!
And I ask my colleagues to vote in support of this long overdue
reauthorization.
Mr. CONNOLLY. Madam Speaker, I am pleased to see the Republican
Leadership in the House has decided to relent on its ideological
objections to renewing the landmark protections and support services
for women who are victims of violence or domestic abuse.
Until just days ago, it appeared the House was again preparing to
stand in the way of reauthorizing the Violence Against Women Act, which
was supported by a majority of Republican Senators when the bill passed
that chamber on a stronger, more bipartisan vote than it did in the
112th Congress. I am proud to cosponsor the House companion, which now
has 200 cosponsors.
Far too many of us have been touched by domestic violence in one way
or another. Maybe it was a mother, a sister, a college roommate, or co-
worker, who was forced to suffer in silence following an attack.
Domestic violence is a real and troubling problem in our communities,
and the need for these protections continues to grow. In my district,
Turning Points, the only domestic violence intervention program in
Prince William County served 6,000 clients last year. In neighboring
Fairfax County, there were more than 8,000 cases of domestic violence
reported, and we have seen a 40% increase in homelessness due to
domestic violence.
This vital legislation will renew our successful partnerships with
local nonprofits and law enforcement agencies. It will improve
protections for underserved communities, particularly immigrants and
victims of human trafficking. It will expand housing assistance for
victims and provide support regardless of sexual orientation.
Since these victim protections were first adopted in a bipartisan
fashion 19 years ago, reporting of domestic violence has increased as
much as 51% as more victims are coming forward. Today's legislation
will ensure more women, children and families receive this lifesaving
assistance so they can finally move from a situation of crisis to one
of stability.
Again, I commend my Republican colleagues for compromising on this
important legislation. This is yet another example of the tremendous
work we can achieve for our constituents when we work together, and I
hope we continue in that spirit as we turn to address the devastating
cuts of sequestration and the budget for the rest of this fiscal year,
which will affect these new victim protections among our many other
priorities.
The SPEAKER pro tempore. All time has expired.
The question is on the amendment in the nature of a substitute
offered by the gentlewoman from Washington (Mrs. McMorris Rodgers).
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mrs. McMORRIS RODGERS. Madam Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 166,
nays 257, not voting 8, as follows:
[Roll No. 54]
YEAS--166
Aderholt
Alexander
Amash
Amodei
Bachmann
Bachus
Barletta
Barr
Barton
Benishek
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Boustany
Brady (TX)
Brooks (AL)
Brooks (IN)
Buchanan
Bucshon
Burgess
Campbell
Cantor
Carter
Cassidy
Chabot
Chaffetz
Collins (GA)
Collins (NY)
Conaway
Cramer
Crawford
Crenshaw
Davis, Rodney
DesJarlais
Duffy
Ellmers
Farenthold
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Gibbs
Gingrey (GA)
Goodlatte
Gowdy
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Guthrie
Hall
Harper
Harris
Hartzler
Hensarling
Herrera Beutler
Holding
Hudson
Huizenga (MI)
Hultgren
Hunter
Hurt
Jenkins
Johnson (OH)
Jordan
Joyce
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kline
Labrador
LaMalfa
Lankford
Latham
Latta
Lipinski
Long
Lucas
Luetkemeyer
Lummis
Marino
Massie
[[Page H800]]
McCarthy (CA)
McCaul
McIntyre
McKeon
McMorris Rodgers
Messer
Mica
Miller (FL)
Mulvaney
Murphy (PA)
Neugebauer
Nugent
Nunes
Nunnelee
Palazzo
Paulsen
Perry
Pittenger
Pitts
Posey
Price (GA)
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Roskam
Ross
Rothfus
Royce
Ryan (WI)
Salmon
Scalise
Schock
Scott, Austin
Sessions
Shimkus
Shuster
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stivers
Stutzman
Terry
Thompson (PA)
Thornberry
Tiberi
Turner
Upton
Wagner
Walberg
Walden
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (IN)
NAYS--257
Andrews
Barber
Barrow (GA)
Bass
Beatty
Becerra
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Brady (PA)
Braley (IA)
Bridenstine
Broun (GA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Calvert
Camp
Capito
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Connolly
Conyers
Cook
Cooper
Costa
Cotton
Courtney
Crowley
Cuellar
Culberson
Cummings
Daines
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
Deutch
Diaz-Balart
Dingell
Doggett
Doyle
Duckworth
Duncan (SC)
Duncan (TN)
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farr
Fattah
Fincher
Fitzpatrick
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gardner
Garrett
Gerlach
Gibson
Gohmert
Gosar
Grayson
Green, Al
Green, Gene
Grijalva
Grimm
Gutierrez
Hahn
Hanabusa
Hanna
Hastings (FL)
Hastings (WA)
Heck (NV)
Heck (WA)
Higgins
Himes
Holt
Honda
Horsford
Hoyer
Huelskamp
Huffman
Israel
Issa
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Markey
Matheson
Matsui
McCarthy (NY)
McClintock
McCollum
McDermott
McGovern
McHenry
McKinley
McNerney
Meadows
Meehan
Meeks
Meng
Michaud
Miller (MI)
Miller, George
Moore
Moran
Mullin
Murphy (FL)
Nadler
Napolitano
Neal
Negrete McLeod
Noem
Nolan
O'Rourke
Olson
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Pearce
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Petri
Pingree (ME)
Pocan
Poe (TX)
Polis
Pompeo
Price (NC)
Quigley
Radel
Rahall
Rangel
Richmond
Ros-Lehtinen
Roybal-Allard
Ruiz
Runyan
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schrader
Schwartz
Schweikert
Scott (VA)
Scott, David
Sensenbrenner
Serrano
Sewell (AL)
Shea-Porter
Sherman
Simpson
Sinema
Sires
Slaughter
Smith (WA)
Speier
Stockman
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tierney
Tipton
Titus
Tonko
Tsongas
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Yarmuth
Yoho
Young (FL)
NOT VOTING--8
Coble
Granger
Hinojosa
Johnson, Sam
Marchant
Miller, Gary
Reed
Young (AK)
{time} 1139
Messrs. STOCKMAN, LAMBORN, DIAZ-BALART, and GARDNER changed their
vote from ``yea'' to ``nay.''
Messrs. ROHRABACHER, BENTI-
VOLIO, and HALL changed their vote from ``nay'' to ``yea.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the third reading of the
bill.
The bill was ordered to be read a third time, and was read the third
time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. CONYERS. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 286,
noes 138, not voting 7, as follows:
[Roll No. 55]
AYES--286
Alexander
Amodei
Andrews
Bachus
Barber
Barletta
Barr
Barrow (GA)
Bass
Beatty
Becerra
Benishek
Bera (CA)
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Boustany
Brady (PA)
Braley (IA)
Brooks (IN)
Brown (FL)
Brownley (CA)
Buchanan
Bucshon
Bustos
Butterfield
Calvert
Camp
Capito
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu
Cicilline
Clarke
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (NY)
Connolly
Conyers
Cook
Cooper
Costa
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Cummings
Daines
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
Deutch
Diaz-Balart
Dingell
Doggett
Doyle
Duckworth
Duffy
Edwards
Ellison
Engel
Enyart
Eshoo
Esty
Farenthold
Farr
Fattah
Fitzpatrick
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garcia
Gardner
Gerlach
Gibbs
Gibson
Grayson
Green, Al
Green, Gene
Grijalva
Grimm
Gutierrez
Hahn
Hanabusa
Hanna
Harper
Hastings (FL)
Heck (NV)
Heck (WA)
Herrera Beutler
Higgins
Himes
Holt
Honda
Horsford
Hoyer
Huffman
Hunter
Israel
Issa
Jackson Lee
Jeffries
Jenkins
Johnson (GA)
Johnson, E. B.
Joyce
Kaptur
Keating
Kennedy
Kildee
Kilmer
Kind
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
Lee (CA)
Levin
Lewis
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maffei
Maloney, Carolyn
Maloney, Sean
Markey
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCollum
McDermott
McGovern
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
McNerney
Meehan
Meeks
Meng
Messer
Michaud
Miller (MI)
Miller, George
Moore
Moran
Murphy (FL)
Nadler
Napolitano
Neal
Negrete McLeod
Nolan
Nugent
Nunes
O'Rourke
Owens
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Pearce
Pelosi
Perlmutter
Peters (CA)
Peters (MI)
Peterson
Pingree (ME)
Pocan
Poe (TX)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reichert
Renacci
Richmond
Rigell
Rogers (MI)
Rokita
Ros-Lehtinen
Roybal-Allard
Royce
Ruiz
Runyan
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schneider
Schock
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (WA)
Speier
Stivers
Swalwell (CA)
Takano
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tiberi
Tierney
Tipton
Titus
Tonko
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Walorski
Walz
Wasserman Schultz
Waters
Watt
Waxman
Webster (FL)
Welch
Wilson (FL)
Yarmuth
Yoder
Young (FL)
Young (IN)
NOES--138
Aderholt
Amash
Bachmann
Barton
Bentivolio
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Brady (TX)
Bridenstine
Brooks (AL)
Broun (GA)
Burgess
Campbell
Cantor
Carter
Cassidy
Chabot
Chaffetz
Collins (GA)
Conaway
Cotton
Crawford
Culberson
DeSantis
DesJarlais
Duncan (SC)
Duncan (TN)
Ellmers
Fincher
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Garrett
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Guthrie
Hall
Harris
Hartzler
Hastings (WA)
Hensarling
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hurt
Johnson (OH)
Jones
Jordan
Kelly
King (IA)
Kingston
Labrador
LaMalfa
Lamborn
Lankford
Latta
Long
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
McCaul
McClintock
Meadows
Mica
Miller (FL)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Noem
Nunnelee
Olson
Palazzo
Perry
Petri
Pittenger
Pitts
Pompeo
Posey
Price (GA)
Radel
Ribble
Rice (SC)
[[Page H801]]
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rooney
Roskam
Ross
Rothfus
Salmon
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stewart
Stockman
Stutzman
Thornberry
Wagner
Walberg
Weber (TX)
Wenstrup
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoho
NOT VOTING--7
Coble
Granger
Hinojosa
Johnson, Sam
Miller, Gary
Reed
Young (AK)
{time} 1156
Mr. STEWART changed his vote from ``aye'' to ``no.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
personal explanation
Mr. HINOJOSA. Madam Speaker, I regret that I was unavoidably detained
in my district. Had I been present, I would have voted ``nay'' on
rollcall vote 54 and ``aye'' on rollcall vote 55.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. The Chair will remind all persons in the
gallery that they are here as guests of the House and that any
manifestation of approval or disapproval of proceedings is in violation
of the rules of the House.
____________________