[United States Statutes at Large, Volume 127, 113th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 113-4
113th Congress
An Act
To reauthorize the Violence Against Women Act of 1994. <>
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.
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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.
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Sec. 1204. Minimum standards for the elimination of trafficking.
Sec. 1205. Best practices in trafficking in persons eradication.
Sec. 1206. Protections for domestic workers and other nonimmigrants.
Sec. 1207. Prevention of child marriage.
Sec. 1208. Child soldiers.
Subtitle B--Combating Trafficking in Persons in the United States
PART I--Penalties Against Traffickers and Other Crimes
Sec. 1211. Criminal trafficking offenses.
Sec. 1212. Civil remedies; clarifying definition.
PART II--Ensuring Availability of Possible Witnesses and Informants
Sec. 1221. Protections for trafficking victims who cooperate with law
enforcement.
Sec. 1222. Protection against fraud in foreign labor contracting.
PART III--Ensuring Interagency Coordination and Expanded Reporting
Sec. 1231. Reporting requirements for the Attorney General.
Sec. 1232. Reporting requirements for the Secretary of Labor.
Sec. 1233. Information sharing to combat child labor and slave labor.
Sec. 1234. Government training efforts to include the Department of
Labor.
Sec. 1235. GAO report on the use of foreign labor contractors.
Sec. 1236. Accountability.
PART IV--Enhancing State and Local Efforts to Combat Trafficking in
Persons
Sec. 1241. Assistance for domestic minor sex trafficking victims.
Sec. 1242. Expanding local law enforcement grants for investigations and
prosecutions of trafficking.
Sec. 1243. Model State criminal law protection for child trafficking
victims and survivors.
Subtitle C--Authorization of Appropriations
Sec. 1251. Adjustment of authorization levels for the Trafficking
Victims Protection Act of 2000.
Sec. 1252. Adjustment of authorization levels for the Trafficking
Victims Protection Reauthorization Act of 2005.
Subtitle D--Unaccompanied Alien Children
Sec. 1261. Appropriate custodial settings for unaccompanied minors who
reach the age of majority while in Federal custody.
Sec. 1262. Appointment of child advocates for unaccompanied minors.
Sec. 1263. Access to Federal foster care and unaccompanied refugee minor
protections for certain U Visa recipients.
Sec. 1264. GAO study of the effectiveness of border screenings.
SEC. 3. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.
(a) Definitions.--Subsection (a) of section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)) is amended--
(1) by striking paragraphs (5), (17), (18), (23), (29),
(33), (36), and (37);
(2) by redesignating--
(A) paragraphs (34) and (35) as paragraphs (41) and
(42), respectively;
(B) paragraphs (30), (31), and (32) as paragraphs
(36), (37), and (38), respectively;
(C) paragraphs (24) through (28) as paragraphs (30)
through (34), respectively;
(D) paragraphs (21) and (22) as paragraphs (26) and
(27), respectively;
(E) paragraphs (19) and (20) as paragraphs (23) and
(24), respectively;
(F) paragraphs (10) through (16) as paragraphs (13)
through (19), respectively;
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(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
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``(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--
[[Page 59]]
``(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:
[[Page 60]]
``(i) disclose, reveal, or release any
personally identifying information or individual
information collected in connection with services
requested, utilized, or denied through grantees'
and subgrantees' programs, regardless of whether
the information has been encoded, encrypted,
hashed, or otherwise protected; or
``(ii) disclose, reveal, or release individual
client information without the informed, written,
reasonably time-limited consent of the person (or
in the case of an unemancipated minor, the minor
and the parent or guardian or in the case of legal
incapacity, a court-appointed guardian) about whom
information is sought, whether for this program or
any other Federal, State, tribal, or territorial
grant program, except that consent for release may
not be given by the abuser of the minor,
incapacitated person, or the abuser of the other
parent of the minor.
If a minor or a person with a legally appointed guardian
is permitted by law to receive services without the
parent's or guardian's consent, the minor or person with
a guardian may release information without additional
consent.'';
(B) by amending subparagraph (D), to read as
follows:
``(D) Information sharing.--
``(i) Grantees and subgrantees may share--
``(I) nonpersonally identifying data
in the aggregate regarding services to
their clients and nonpersonally
identifying demographic information in
order to comply with Federal, State,
tribal, or territorial reporting,
evaluation, or data collection
requirements;
``(II) court-generated information
and law enforcement-generated
information contained in secure,
governmental registries for protection
order enforcement purposes; and
``(III) law enforcement-generated
and prosecution-generated information
necessary for law enforcement and
prosecution purposes.
``(ii) In no circumstances may--
``(I) an adult, youth, or child
victim of domestic violence, dating
violence, sexual assault, or stalking be
required to provide a consent to release
his or her personally identifying
information as a condition of
eligibility for the services provided by
the grantee or subgrantee;
``(II) any personally identifying
information be shared in order to comply
with Federal, tribal, or State
reporting, evaluation, or data
collection requirements, whether for
this program or any other Federal,
tribal, or State grant program.'';
(C) by redesignating subparagraph (E) as
subparagraph (F);
(D) by inserting after subparagraph (D) the
following:
``(E) Statutorily mandated reports of abuse or
neglect.--Nothing in this section prohibits a grantee or
subgrantee from reporting suspected abuse or neglect, as
those terms are defined and specifically mandated by the
State or tribe involved.''; and
[[Page 61]]
(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.
[[Page 62]]
``(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
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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
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individual or organization awarded discretionary
funds through a cooperative agreement under this
Act, to host or support any expenditure for
conferences that uses more than $20,000 in
Department funds, unless the Deputy Attorney
General or such Assistant Attorney Generals,
Directors, or principal deputies as the Deputy
Attorney General may designate, provides prior
written authorization that the funds may be
expended to host a conference.
``(ii) Written approval.--Written approval
under clause (i) shall include a written estimate
of all costs associated with the conference,
including the cost of all food and beverages,
audiovisual equipment, honoraria for speakers, and
any entertainment.
``(iii) Report.--The Deputy Attorney General
shall submit an annual report to the Committee on
the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives on
all approved conference expenditures referenced in
this paragraph.
``(D) Annual certification.--Beginning in the first
fiscal year beginning after the date of the enactment of
this Act, the Attorney General shall submit, to the
Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the
House of Representatives, an annual certification that--
``(i) all audits issued by the Office of the
Inspector General under paragraph (1) have been
completed and reviewed by the appropriate
Assistant Attorney General or Director;
``(ii) all mandatory exclusions required under
subparagraph (A)(iii) have been issued;
``(iii) all reimbursements required under
subparagraph (A)(v) have been made; and
``(iv) includes a list of any grant recipients
excluded under subparagraph (A) from the previous
year.''.
SEC. 4. <> EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, the
provisions of titles I, II, III, IV, VII, and sections 3, 602, 901, and
902 of this Act shall not take effect until the beginning of the fiscal
year following the date of enactment of this Act.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE
AGAINST WOMEN
SEC. 101. STOP GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended--
(1) in section 1001(a)(18) (42 U.S.C. 3793(a)(18)), by
striking ``$225,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$222,000,000 for each of fiscal years
2014 through 2018'';
[[Page 65]]
(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;
[[Page 66]]
(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;
[[Page 67]]
``(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;
[[Page 68]]
``(3) proof of compliance with the requirements for paying
fees and costs relating to domestic violence and protection
order cases, described in section 2011 of this title;
``(4) proof of compliance with the requirements prohibiting
polygraph examinations of victims of sexual assault, described
in section 2013 of this title;
``(5) an implementation plan required under subsection (i);
and
``(6) any other documentation that the Attorney General may
require.'';
(E) in subsection (e)--
(i) in paragraph (2)--
(I) in subparagraph (A), by striking
``domestic violence and sexual assault''
and inserting ``domestic violence,
dating violence, sexual assault, and
stalking''; and
(II) in subparagraph (D), by
striking ``linguistically and''; and
(ii) by adding at the end the following:
``(3) Conditions.--In disbursing grants under this part, the
Attorney General may impose reasonable conditions on grant
awards to ensure that the States meet statutory, regulatory, and
other program requirements.'';
(F) in subsection (f), by striking the period at the
end and inserting ``, except that, for purposes of this
subsection, the costs of the projects for victim
services or tribes for which there is an exemption under
section 40002(b)(1) of the Violence Against Women Act of
1994 (42 U.S.C. 13925(b)(1)) shall not count toward the
total costs of the projects.''; and
(G) by adding at the end the following:
``(i) Implementation Plans.--A State applying for a grant under this
part shall--
``(1) develop an implementation plan in consultation with
the entities listed in subsection (c)(2), that identifies how
the State will use the funds awarded under this part, including
how the State will meet the requirements of subsection (c)(5);
and
``(2) submit to the Attorney General--
``(A) the implementation plan developed under
paragraph (1);
``(B) documentation from each member of the planning
committee as to their participation in the planning
process;
``(C) documentation from the prosecution, law
enforcement, court, and victim services programs to be
assisted, describing--
``(i) the need for the grant funds;
``(ii) the intended use of the grant funds;
``(iii) the expected result of the grant
funds; and
``(iv) the demographic characteristics of the
populations to be served, including age,
disability, race, ethnicity, and language
background;
``(D) a description of how the State will ensure
that any subgrantees will consult with victim service
providers during the course of developing their grant
applications in order to ensure that the proposed
activities are designed
[[Page 69]]
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
[[Page 70]]
(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
[[Page 71]]
assault, and stalking, including the appropriate treatment of
victims.
``(17) To develop, implement, or enhance sexual assault
nurse examiner programs or sexual assault forensic examiner
programs, including the hiring and training of such examiners.
``(18) To develop, implement, or enhance Sexual Assault
Response Teams or similar coordinated community responses to
sexual assault.
``(19) To develop and strengthen policies, protocols, and
training for law enforcement officers and prosecutors regarding
the investigation and prosecution of sexual assault cases and
the appropriate treatment of victims.
``(20) To provide human immunodeficiency virus testing
programs, counseling, and prophylaxis for victims of sexual
assault.
``(21) To identify and inventory backlogs of sexual assault
evidence collection kits and to develop protocols for responding
to and addressing such backlogs, including policies and
protocols for notifying and involving victims.
``(22) To develop multidisciplinary high-risk teams focusing
on reducing domestic violence and dating violence homicides by--
``(A) using evidence-based indicators to assess the
risk of homicide and link high-risk victims to immediate
crisis intervention services;
``(B) identifying and managing high-risk offenders;
and
``(C) providing ongoing victim advocacy and
referrals to comprehensive services including legal,
housing, health care, and economic assistance.'';
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by inserting ``except
for a court,'' before ``certify''; and
(II) by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii), and
adjusting the margin accordingly;
(ii) in paragraph (2), by inserting ``except
for a court,'' before ``demonstrate'';
(iii) in paragraph (3)--
(I) by striking ``spouses'' each
place it appears and inserting
``parties''; and
(II) by striking ``spouse'' and
inserting ``party'';
(iv) in paragraph (4)--
(I) by inserting ``, dating
violence, sexual assault, or stalking''
after ``felony domestic violence'';
(II) by inserting ``modification,
enforcement, dismissal,'' after
``registration,'' each place it appears;
(III) by inserting ``dating
violence,'' after ``victim of domestic
violence,''; and
(IV) by striking ``and'' at the end;
(v) in paragraph (5)--
(I) in the matter preceding
subparagraph (A), by striking ``, not
later than 3 years after January 5,
2006'';
[[Page 72]]
(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''.
[[Page 73]]
(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;
[[Page 74]]
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;
[[Page 75]]
``(E) education and outreach programs to improve
community access, including enhanced access for
underserved populations; and
``(F) other projects likely to improve court
responses to domestic violence, dating violence, sexual
assault, and stalking;
``(6) provide civil legal assistance and advocacy services,
including legal information and resources in cases in which the
victim proceeds pro se, to--
``(A) victims of domestic violence; and
``(B) nonoffending parents in matters--
``(i) that involve allegations of child sexual
abuse;
``(ii) that relate to family matters,
including civil protection orders, custody, and
divorce; and
``(iii) in which the other parent is
represented by counsel;
``(7) collect data and provide training and technical
assistance, including developing State, local, and tribal model
codes and policies, to improve the capacity of grantees and
communities to address the civil justice needs of victims of
domestic violence, dating violence, sexual assault, and stalking
who have legal representation, who are proceeding pro se, or who
are proceeding with the assistance of a legal advocate; and
``(8) to improve training and education to assist judges,
judicial personnel, attorneys, child welfare personnel, and
legal advocates in the civil justice system.
``(c) Considerations.--
``(1) In general.--In making grants for purposes described
in paragraphs (1) through (7) of subsection (b), the Attorney
General shall consider--
``(A) the number of families to be served by the
proposed programs and services;
``(B) the extent to which the proposed programs and
services serve underserved populations;
``(C) the extent to which the applicant demonstrates
cooperation and collaboration with nonprofit,
nongovernmental entities in the local community with
demonstrated histories of effective work on domestic
violence, dating violence, sexual assault, or stalking,
including State or tribal domestic violence coalitions,
State or tribal sexual assault coalitions, local
shelters, and programs for domestic violence and sexual
assault victims; and
``(D) the extent to which the applicant demonstrates
coordination and collaboration with State, tribal, and
local court systems, including mechanisms for
communication and referral.
``(2) Other grants.--In making grants under subsection
(b)(8) the Attorney General shall take into account the extent
to which the grantee has expertise addressing the judicial
system's handling of family violence, child custody, child abuse
and neglect, adoption, foster care, supervised visitation,
divorce, and parentage.
``(d) <> Applicant Requirements.--The
Attorney General may make a grant under this section to an applicant
that--
``(1) demonstrates expertise in the areas of domestic
violence, dating violence, sexual assault, stalking, or child
sexual abuse, as appropriate;
[[Page 76]]
``(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.
[[Page 77]]
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
[[Page 78]]
``(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
[[Page 79]]
``(3) victim service providers working in partnership with a
national, State, tribal, or local organization that has
demonstrated experience and expertise in providing population
specific services in the relevant underserved population.
``(c) Planning Grants.--The Attorney General may use up to 25
percent of funds available under this section to make one-time planning
grants to eligible entities to support the planning and development of
specially designed and targeted programs for adult and youth victims in
one or more underserved populations, including--
``(1) identifying, building and strengthening partnerships
with potential collaborators within underserved populations,
Federal, State, tribal, territorial or local government
entities, and public and private organizations;
``(2) <> conducting a needs assessment
of the community and the targeted underserved population or
populations to determine what the barriers are to service access
and what factors contribute to those barriers, using input from
the targeted underserved population or populations;
``(3) identifying promising prevention, outreach and
intervention strategies for victims from a targeted underserved
population or populations; and
``(4) <> developing a plan, with the input of
the targeted underserved population or populations, for
implementing prevention, outreach and intervention strategies to
address the barriers to accessing services, promoting community
engagement in the prevention of domestic violence, dating
violence, sexual assault, and stalking within the targeted
underserved populations, and evaluating the program.
``(d) Implementation Grants.--The Attorney General shall make grants
to eligible entities for the purpose of providing or enhancing
population specific outreach and services to adult and youth victims in
one or more underserved populations, including--
``(1) working with Federal, State, tribal, territorial and
local governments, agencies, and organizations to develop or
enhance population specific services;
``(2) strengthening the capacity of underserved populations
to provide population specific services;
``(3) strengthening the capacity of traditional victim
service providers to provide population specific services;
``(4) strengthening the effectiveness of criminal and civil
justice interventions by providing training for law enforcement,
prosecutors, judges and other court personnel on domestic
violence, dating violence, sexual assault, or stalking in
underserved populations; or
``(5) working in cooperation with an underserved population
to develop and implement outreach, education, prevention, and
intervention strategies that highlight available resources and
the specific issues faced by victims of domestic violence,
dating violence, sexual assault, or stalking from underserved
populations.
``(e) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Director of the Office on
Violence Against Women at such time, in such form, and in such manner as
the Director may prescribe.
``(f) Reports.--Each eligible entity receiving a grant under this
section shall submit to the Director of the Office on Violence
[[Page 80]]
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
[[Page 81]]
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,
[[Page 82]]
sexual assault, and stalking who reside in remote rural and
geographically isolated areas, including addressing the
challenges posed by the lack of access to shelters and victims
services, and limited law enforcement resources and training,
and providing training and resources to Community Health Aides
involved in the delivery of Indian Health Service programs.'';
and
(3) in subsection (e)(1), by striking ``$55,000,000 for each
of the fiscal years 2007 through 2011'' and inserting
``$50,000,000 for each of fiscal years 2014 through 2018''.
SEC. 203. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN WITH
DISABILITIES GRANTS.
Section 1402 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (42 U.S.C. 3796gg-7) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``(including
using evidence-based indicators to assess the risk of
domestic and dating violence homicide)'' after ``risk
reduction'';
(B) in paragraph (4), by striking ``victim service
organizations'' and inserting ``victim service
providers''; and
(C) in paragraph (5), by striking ``victim services
organizations'' and inserting ``victim service
providers'';
(2) in subsection (c)(1)(D), by striking ``nonprofit and
nongovernmental victim services organization, such as a State''
and inserting ``victim service provider, such as a State or
tribal''; and
(3) in subsection (e), by striking ``$10,000,000 for each of
the fiscal years 2007 through 2011'' and inserting ``$9,000,000
for each of fiscal years 2014 through 2018''.
SEC. 204. ENHANCED TRAINING AND SERVICES TO END ABUSE IN LATER
LIFE.
(a) In General.--Subtitle H of the Violence Against Women Act of
1994 (42 U.S.C. 14041 et seq.) <> is
amended to read as follows:
``Subtitle H--Enhanced Training and Services To End Abuse Later in Life
``SEC. 40801. ENHANCED TRAINING AND SERVICES TO END ABUSE IN LATER
LIFE.
``(a) Definitions.--In this section--
``(1) the term `exploitation' has the meaning given the term
in section 2011 of the Social Security Act (42 U.S.C. 1397j);
``(2) the term `later life', relating to an individual,
means the individual is 50 years of age or older; and
``(3) the term `neglect' means the failure of a caregiver or
fiduciary to provide the goods or services that are necessary to
maintain the health or safety of an individual in later life.
``(b) Grant Program.--
``(1) Grants authorized.--The Attorney General may make
grants to eligible entities to carry out the activities
described in paragraph (2).
``(2) Mandatory and permissible activities.--
[[Page 83]]
``(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;
[[Page 84]]
``(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:
[[Page 85]]
``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
[[Page 86]]
domestic violence, dating violence, sexual assault,
stalking, or sex trafficking, and procedures for
handling the requirements of court protective orders
issued to or against students;
``(C) provide support services for student victims
of domestic violence, dating violence, sexual assault,
stalking, or sex trafficking, such as a resource person
who is either on-site or on-call;
``(D) implement developmentally appropriate
educational programming for students regarding domestic
violence, dating violence, sexual assault, stalking, and
sex trafficking and the impact of such violence on
youth; or
``(E) develop strategies to increase identification,
support, referrals, and prevention programming for youth
who are at high risk of domestic violence, dating
violence, sexual assault, stalking, or sex trafficking.
``(c) Eligible Applicants.--
``(1) In general.--To be eligible to receive a grant under
this section, an entity shall be--
``(A) a victim service provider, tribal nonprofit,
or population-specific or community-based organization
with a demonstrated history of effective work addressing
the needs of youth who are, including runaway or
homeless youth affected by, victims of domestic
violence, dating violence, sexual assault, stalking, or
sex trafficking;
``(B) a victim service provider that is partnered
with an entity that has a demonstrated history of
effective work addressing the needs of youth; or
``(C) a public, charter, tribal, or nationally
accredited private middle or high school, a school
administered by the Department of Defense under section
2164 of title 10, United States Code or section 1402 of
the Defense Dependents' Education Act of 1978, a group
of schools, a school district, or an institution of
higher education.
``(2) Partnerships.--
``(A) Education.--To be eligible to receive a grant
for the purposes described in subsection (b)(2), an
entity described in paragraph (1) shall be partnered
with a public, charter, tribal, or nationally accredited
private middle or high school, a school administered by
the Department of Defense under section 2164 of title
10, United States Code or section 1402 of the Defense
Dependents' Education Act of 1978, a group of schools, a
school district, or an institution of higher education.
``(B) Other partnerships.--All applicants under this
section are encouraged to work in partnership with
organizations and agencies that work with the relevant
population. Such entities may include--
``(i) a State, tribe, unit of local
government, or territory;
``(ii) a population specific or community-
based organization;
``(iii) batterer intervention programs or sex
offender treatment programs with specialized
knowledge and experience working with youth
offenders; or
[[Page 87]]
``(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)--
[[Page 88]]
(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.
[[Page 89]]
``(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:
[[Page 90]]
``(8)(A) Each institution of higher education participating in any
program under this title and title IV of the Economic Opportunity Act of
1964, other than a foreign institution of higher education, shall
develop and distribute as part of the report described in paragraph (1)
a statement of policy regarding--
``(i) such institution's programs to prevent domestic
violence, dating violence, sexual assault, and stalking; and
``(ii) the procedures that such institution will follow once
an incident of domestic violence, dating violence, sexual
assault, or stalking has been reported, including a statement of
the standard of evidence that will be used during any
institutional conduct proceeding arising from such a report.
``(B) <> The policy described in subparagraph
(A) shall address the following areas:
``(i) Education programs to promote the awareness of rape,
acquaintance rape, domestic violence, dating violence, sexual
assault, and stalking, which shall include--
``(I) primary prevention and awareness programs for
all incoming students and new employees, which shall
include--
``(aa) a statement that the institution of
higher education prohibits the offenses of
domestic violence, dating violence, sexual
assault, and stalking;
``(bb) the definition of domestic violence,
dating violence, sexual assault, and stalking in
the applicable jurisdiction;
``(cc) the definition of consent, in reference
to sexual activity, in the applicable
jurisdiction;
``(dd) safe and positive options for bystander
intervention that may be carried out by an
individual to prevent harm or intervene when there
is a risk of domestic violence, dating violence,
sexual assault, or stalking against a person other
than such individual;
``(ee) information on risk reduction to
recognize warning signs of abusive behavior and
how to avoid potential attacks; and
``(ff) the information described in clauses
(ii) through (vii); and
``(II) ongoing prevention and awareness campaigns
for students and faculty, including information
described in items (aa) through (ff) of subclause (I).
``(ii) Possible sanctions or protective measures that such
institution may impose following a final determination of an
institutional disciplinary procedure regarding rape,
acquaintance rape, domestic violence, dating violence, sexual
assault, or stalking.
``(iii) Procedures victims should follow if a sex offense,
domestic violence, dating violence, sexual assault, or stalking
has occurred, including information in writing about--
``(I) the importance of preserving evidence as may
be necessary to the proof of criminal domestic violence,
dating violence, sexual assault, or stalking, or in
obtaining a protection order;
``(II) to whom the alleged offense should be
reported;
``(III) options regarding law enforcement and campus
authorities, including notification of the victim's
option to--
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``(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
[[Page 92]]
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
[[Page 93]]
on youth, children exposed to violence, and men as leaders and
influencers of social norms.
``(b) Use of Funds.--Funds provided under this section may be used
for the following purposes:
``(1) Teen dating violence awareness and prevention.--To
develop, maintain, or enhance programs that change attitudes and
behaviors around the acceptability of domestic violence, dating
violence, sexual assault, and stalking and provide education and
skills training to young individuals and individuals who
influence young individuals. The prevention program may use
evidence-based, evidence-informed, or innovative strategies and
practices focused on youth. Such a program should include--
``(A) age and developmentally-appropriate education
on domestic violence, dating violence, sexual assault,
stalking, and sexual coercion, as well as healthy
relationship skills, in school, in the community, or in
health care settings;
``(B) community-based collaboration and training for
those with influence on youth, such as parents,
teachers, coaches, healthcare providers, faith-leaders,
older teens, and mentors;
``(C) education and outreach to change environmental
factors contributing to domestic violence, dating
violence, sexual assault, and stalking; and
``(D) policy development targeted to prevention,
including school-based policies and protocols.
``(2) Children exposed to violence and abuse.--To develop,
maintain or enhance programs designed to prevent future
incidents of domestic violence, dating violence, sexual assault,
and stalking by preventing, reducing and responding to
children's exposure to violence in the home. Such programs may
include--
``(A) providing services for children exposed to
domestic violence, dating violence, sexual assault or
stalking, including direct counseling or advocacy, and
support for the non-abusing parent; and
``(B) training and coordination for educational,
after-school, and childcare programs on how to safely
and confidentially identify children and families
experiencing domestic violence, dating violence, sexual
assault, or stalking and properly refer children exposed
and their families to services and violence prevention
programs.
``(3) Engaging men as leaders and role models.--To develop,
maintain or enhance programs that work with men to prevent
domestic violence, dating violence, sexual assault, and stalking
by helping men to serve as role models and social influencers of
other men and youth at the individual, school, community or
statewide levels.
``(c) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be--
``(1) a victim service provider, community-based
organization, tribe or tribal organization, or other non-profit,
nongovernmental organization that has a history of effective
work preventing domestic violence, dating violence, sexual
assault, or stalking and expertise in the specific area for
which they are applying for funds; or
[[Page 94]]
``(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
[[Page 95]]
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).
[[Page 96]]
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,
[[Page 97]]
and include the primacy of victim safety and
confidentiality;
``(B) design and implement comprehensive strategies
to improve the response of the health care system to
domestic or sexual violence in clinical and public
health settings, hospitals, clinics, and other health
settings (including behavioral and mental health), under
subsection (a)(3) through--
``(i) the implementation, dissemination, and
evaluation of policies and procedures to guide
health professionals and public health staff in
identifying and responding to domestic violence,
dating violence, sexual assault, and stalking,
including strategies to ensure that health
information is maintained in a manner that
protects the patient's privacy and safety, and
safely uses health information technology to
improve documentation, identification, assessment,
treatment, and follow-up care;
``(ii) the development of on-site access to
services to address the safety, medical, and
mental health needs of patients by increasing the
capacity of existing health care professionals and
public health staff to address domestic violence,
dating violence, sexual assault, and stalking, or
by contracting with or hiring domestic or sexual
assault advocates to provide such services or to
model other services appropriate to the geographic
and cultural needs of a site;
``(iii) the development of measures and
methods for the evaluation of the practice of
identification, intervention, and documentation
regarding victims of domestic violence, dating
violence, sexual assault, and stalking, including
the development and testing of quality improvement
measurements, in accordance with the multi-
stakeholder and quality measurement processes
established under paragraphs (7) and (8) of
section 1890(b) and section 1890A of the Social
Security Act (42 U.S.C. 1395aaa(b)(7) and (8); 42
U.S.C. 1890A); and
``(iv) the provision of training and follow-up
technical assistance to health care professionals,
and public health staff, and allied health
professionals to identify, assess, treat, and
refer clients who are victims of domestic
violence, dating violence, sexual assault, or
stalking, including using tools and training
materials already developed.
``(2) Permissible uses.--
``(A) Child and elder abuse.--To the extent
consistent with the purpose of this section, a grantee
may use amounts received under this section to address,
as part of a comprehensive programmatic approach
implemented under the grant, issues relating to child or
elder abuse.
``(B) Rural areas.--Grants funded under paragraphs
(1) and (2) of subsection (a) may be used to offer to
rural areas community-based training opportunities,
which may include the use of distance learning networks
and other available technologies needed to reach
isolated rural areas, for medical, nursing, and other
health profession students
[[Page 98]]
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
[[Page 99]]
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
[[Page 100]]
``(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
[[Page 101]]
not more than 20 percent to make a grant or enter into a
contract for research and evaluation of--
``(A) grants awarded under this section; and
``(B) other training for health professionals and
effective interventions in the health care setting that
prevent domestic violence, dating violence, and sexual
assault across the lifespan, prevent the health effects
of such violence, and improve the safety and health of
individuals who are currently being victimized.
``(2) Research.--Research authorized in paragraph (1) may
include--
``(A) research on the effects of domestic violence,
dating violence, sexual assault, and childhood exposure
to domestic, dating or sexual violence on health
behaviors, health conditions, and health status of
individuals, families, and populations, including
underserved populations;
``(B) research to determine effective health care
interventions to respond to and prevent domestic
violence, dating violence, sexual assault, and stalking;
``(C) research on the impact of domestic, dating and
sexual violence, childhood exposure to such violence,
and stalking on the health care system, health care
utilization, health care costs, and health status; and
``(D) research on the impact of adverse childhood
experiences on adult experience with domestic violence,
dating violence, sexual assault, stalking, and adult
health outcomes, including how to reduce or prevent the
impact of adverse childhood experiences through the
health care setting.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for each of fiscal
years 2014 through 2018.
``(h) Definitions.--Except as otherwise provided herein, the
definitions provided for in section 40002 of the Violence Against Women
Act of 1994 shall apply to this section.''.
(b) Repeals.--The following provisions are repealed:
(1) Section 40297 of the Violence Against Women Act of 1994
(42 U.S.C. 13973).
(2) Section 758 of the Public Health Service Act (42 U.S.C.
294h).
TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING
SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
(a) Amendment.--Subtitle N of the Violence Against Women Act of 1994
(42 U.S.C. 14043e et seq.) is amended--
(1) by inserting after the subtitle heading the following:
[[Page 102]]
``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.--
[[Page 103]]
``(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
[[Page 104]]
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
[[Page 105]]
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
[[Page 106]]
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
[[Page 107]]
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)--
[[Page 108]]
(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
[[Page 109]]
income housing tax credit program under section 42 of
the Internal Revenue Code of 1986 because of
noncompliance with the provisions of this Act.
SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING.
Chapter 11 of subtitle B of the Violence Against Women Act of 1994
(42 U.S.C. 13975 et seq.) is amended--
(1) in the chapter heading, by striking ``CHILD VICTIMS OF
DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT'' and inserting
``VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
OR STALKING''; and
(2) in section 40299 (42 U.S.C. 13975)--
(A) in the header, by striking ``child victims of
domestic violence, stalking, or sexual assault'' and
inserting ``victims of domestic violence, dating
violence, sexual assault, or stalking'';
(B) in subsection (a)(1), by striking ``fleeing'';
(C) in subsection (b)(3)--
(i) in subparagraph (A), by striking `` and''
at the end;
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after subparagraph (A) the
following:
``(B) secure employment, including obtaining
employment counseling, occupational training, job
retention counseling, and counseling concerning re-entry
in to the workforce; and''; and
(iv) in subparagraph (C), as redesignated by
clause (ii), by striking `` employment
counseling,''; and
(D) in subsection (g)--
(i) in paragraph (1), by striking
``$40,000,000 for each of fiscal years 2007
through 2011'' and inserting ``$35,000,000 for
each of fiscal years 2014 through 2018''; and
(ii) in paragraph (3)--
(I) in subparagraph (A), by striking
``eligible'' and inserting
``qualified''; and
(II) by adding at the end the
following:
``(D) Qualified application defined.--In this
paragraph, the term `qualified application' means an
application that--
``(i) has been submitted by an eligible
applicant;
``(ii) does not propose any activities that
may compromise victim safety, including--
``(I) background checks of victims;
or
``(II) clinical evaluations to
determine eligibility for services;
``(iii) reflects an understanding of the
dynamics of domestic violence, dating violence,
sexual assault, or stalking; and
``(iv) does not propose prohibited activities,
including mandatory services for victims.''.
[[Page 110]]
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.
[[Page 111]]
(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).
[[Page 112]]
SEC. 806. HARDSHIP WAIVERS.
(a) In General.--Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--
(1) in subparagraph (A), by striking the comma at the end
and inserting a semicolon;
(2) in subparagraph (B), by striking ``(1), or'' and
inserting ``(1); or'';
(3) in subparagraph (C), by striking the period at the end
and inserting a semicolon and ``or''; and
(4) by inserting after subparagraph (C) the following:
``(D) the alien meets the requirements under section
204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage
ceremony was battered by or subject to extreme cruelty
perpetrated by the alien's intended spouse and was not
at fault in failing to meet the requirements of
paragraph (1).''.
(b) Technical Corrections.--Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)), as amended by subsection (a), is
further amended--
(1) in the matter preceding subparagraph (A), by striking
``The Attorney General, in the Attorney General's'' and
inserting ``The Secretary of Homeland Security, in the
Secretary's''; and
(2) in the undesignated paragraph at the end--
(A) in the first sentence, by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security'';
(B) in the second sentence, by striking ``Attorney
General'' and inserting ``Secretary'';
(C) in the third sentence, by striking ``Attorney
General.'' and inserting ``Secretary.''; and
(D) in the fourth sentence, by striking ``Attorney
General'' and inserting ``Secretary''.
SEC. 807. PROTECTIONS FOR A FIANCEE OR FIANCE OF A CITIZEN.
(a) In General.--Section 214 of the Immigration and Nationality Act
(8 U.S.C. 1184) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``crime.'' and
inserting ``crime described in paragraph (3)(B) and
information on any permanent protection or restraining
order issued against the petitioner related to any
specified crime described in paragraph (3)(B)(i).'';
(B) in paragraph (2)(A), in the matter preceding
clause (i)--
(i) by striking ``a consular officer'' and
inserting ``the Secretary of Homeland Security'';
and
(ii) by striking ``the officer'' and inserting
``the Secretary''; and
(C) in paragraph (3)(B)(i), by striking ``abuse, and
stalking.'' and inserting ``abuse, stalking, or an
attempt to commit any such crime.''; and
(2) in subsection (r)--
(A) in paragraph (1), by striking ``crime.'' and
inserting ``crime described in paragraph (5)(B) and
information on any permanent protection or restraining
order issued against the petitioner related to any
specified crime described in subsection (5)(B)(i).'';
and
(B) by amending paragraph (4)(B)(ii) to read as
follows:
[[Page 113]]
``(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''.
[[Page 114]]
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.'';
[[Page 115]]
(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
[[Page 116]]
who knowingly and with intent to defraud another
person outside the United States in order to
recruit, solicit, entice, or induce that other
person into entering a dating or matrimonial
relationship, makes false or fraudulent
representations regarding the disclosures
described in clause (i), (ii), (iii), or (iv) of
subsection (d)(2)(B), including by failing to make
any such disclosures, shall be fined in accordance
with title 18, United States Code, imprisoned for
not more than 1 year, or both.
``(iv) Relationship to other penalties.--The
penalties provided in clauses (i), (ii), and (iii)
are in addition to any other civil or criminal
liability under Federal or State law to which a
person may be subject for the misuse of
information, including misuse to threaten,
intimidate, or harass any individual.
``(v) Construction.--Nothing in this paragraph
or paragraph (3) or (4) may be construed to
prevent the disclosure of information to law
enforcement or pursuant to a court order.''; and
(C) in subparagraph (C), by striking the period at
the end and inserting ``including equitable remedies.'';
(5) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(6) by inserting after paragraph (5) the following:
``(6) Enforcement.--
``(A) Authority.--The Attorney General shall be
responsible for the enforcement of the provisions of
this section, including the prosecution of civil and
criminal penalties provided for by this section.
``(B) Consultation.--The Attorney General shall
consult with the Director of the Office on Violence
Against Women of the Department of Justice to develop
policies and public education designed to promote
enforcement of this section.''.
(d) GAO Study and Report.--Section 833(f) of the International
Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(f)) is amended--
(1) in the subsection heading, by striking ``Study and
Report.--'' and inserting ``Studies and Reports.--''; and
(2) by adding at the end the following:
``(4) Continuing impact study and report.--
``(A) Study.--The Comptroller General shall conduct
a study on the continuing impact of the implementation
of this section and of section of 214 of the Immigration
and Nationality Act (8 U.S.C. 1184) on the process for
granting K nonimmigrant visas, including specifically a
study of the items described in subparagraphs (A)
through (E) of paragraph (1).
``(B) Report.--Not later than 2 years after the date
of the enactment of the Violence Against Women
Reauthorization Act of 2013, the Comptroller General
shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House
of Representatives a report setting forth the results of
the study conducted under subparagraph (A).
[[Page 117]]
``(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
[[Page 118]]
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.''.
[[Page 119]]
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.''.
[[Page 120]]
SEC. 903. CONSULTATION.
Section 903 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045d) is amended--
(1) in subsection (a)--
(A) by striking ``and the Violence Against Women Act
of 2000'' and inserting ``, the Violence Against Women
Act of 2000''; and
(B) by inserting ``, and the Violence Against Women
Reauthorization Act of 2013'' before the period at the
end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``Secretary of the Department of Health and
Human Services'' and inserting ``Secretary of Health and
Human Services, the Secretary of the Interior,''; and
(B) in paragraph (2), by striking ``and stalking''
and inserting ``stalking, and sex trafficking''; and
(3) by adding at the end the following:
``(c) Annual Report.--The Attorney General shall submit to Congress
an annual report on the annual consultations required under subsection
(a) that--
``(1) contains the recommendations made under subsection (b)
by Indian tribes during the year covered by the report;
``(2) describes actions taken during the year covered by the
report to respond to recommendations made under subsection (b)
during the year or a previous year; and
``(3) describes how the Attorney General will work in
coordination and collaboration with Indian tribes, the Secretary
of Health and Human Services, and the Secretary of the Interior
to address the recommendations made under subsection (b).
``(d) <> Notice.--Not later than 120 days before
the date of a consultation under subsection (a), the Attorney General
shall notify tribal leaders of the date, time, and location of the
consultation.''.
SEC. 904. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.
Title II of Public Law 90-284 (25 U.S.C. 1301 et seq.) (commonly
known as the ``Indian Civil Rights Act of 1968'') is amended by adding
at the end the following:
``SEC. 204. <> TRIBAL JURISDICTION OVER
CRIMES OF DOMESTIC VIOLENCE.
``(a) Definitions.--In this section:
``(1) Dating violence.--The term `dating violence' means
violence committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the victim,
as determined by the length of the relationship, the type of
relationship, and the frequency of interaction between the
persons involved in the relationship.
``(2) Domestic violence.--The term `domestic violence' means
violence committed by a current or former spouse or intimate
partner of the victim, by a person with whom the victim shares a
child in common, by a person who is cohabitating with or has
cohabitated with the victim as a spouse or intimate partner, or
by a person similarly situated to a spouse of the victim under
the domestic- or family- violence
[[Page 121]]
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
[[Page 122]]
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.
[[Page 123]]
``(2) Grant of stay.--A court shall grant a stay described
in paragraph (1) if the court--
``(A) finds that there is a substantial likelihood
that the habeas corpus petition will be granted; and
``(B) after giving each alleged victim in the matter
an opportunity to be heard, finds by clear and
convincing evidence that under conditions imposed by the
court, the petitioner is not likely to flee or pose a
danger to any person or the community if released.
``(3) Notice.--An Indian tribe that has ordered the
detention of any person has a duty to timely notify such person
of his rights and privileges under this subsection and under
section 203.
``(f) Grants to Tribal Governments.--The Attorney General may award
grants to the governments of Indian tribes (or to authorized designees
of those governments)--
``(1) to strengthen tribal criminal justice systems to
assist Indian tribes in exercising special domestic violence
criminal jurisdiction, including--
``(A) law enforcement (including the capacity of law
enforcement or court personnel to enter information into
and obtain information from national crime information
databases);
``(B) prosecution;
``(C) trial and appellate courts;
``(D) probation systems;
``(E) detention and correctional facilities;
``(F) alternative rehabilitation centers;
``(G) culturally appropriate services and assistance
for victims and their families; and
``(H) criminal codes and rules of criminal
procedure, appellate procedure, and evidence;
``(2) to provide indigent criminal defendants with the
effective assistance of licensed defense counsel, at no cost to
the defendant, in criminal proceedings in which a participating
tribe prosecutes a crime of domestic violence or dating violence
or a criminal violation of a protection order;
``(3) to ensure that, in criminal proceedings in which a
participating tribe exercises special domestic violence criminal
jurisdiction, jurors are summoned, selected, and instructed in a
manner consistent with all applicable requirements; and
``(4) to accord victims of domestic violence, dating
violence, and violations of protection orders rights that are
similar to the rights of a crime victim described in section
3771(a) of title 18, United States Code, consistent with tribal
law and custom.
``(g) Supplement, Not Supplant.--Amounts made available under this
section shall supplement and not supplant any other Federal, State,
tribal, or local government amounts made available to carry out
activities described in this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each of fiscal years 2014 through 2018 to
carry out subsection (f) and to provide training, technical assistance,
data collection, and evaluation of the criminal justice systems of
participating tribes.''.
[[Page 124]]
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
[[Page 125]]
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
[[Page 126]]
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.
[[Page 127]]
TITLE <> X--SAFER ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Sexual Assault Forensic Evidence
Reporting Act of 2013'' or the ``SAFER Act of 2013''.
SEC. 1002. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT
EVIDENCE BACKLOGS.
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(7) To conduct an audit consistent with subsection (n) of
the samples of sexual assault evidence that are in the
possession of the State or unit of local government and are
awaiting testing.
``(8) To ensure that the collection and processing of DNA
evidence by law enforcement agencies from crimes, including
sexual assault and other violent crimes against persons, is
carried out in an appropriate and timely manner and in
accordance with the protocols and practices developed under
subsection (o)(1).'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(4) Allocation of grant awards for audits.--For each of
fiscal years 2014 through 2017, not less than 5 percent, but not
more than 7 percent, of the grant amounts distributed under
paragraph (1) shall, if sufficient applications to justify such
amounts are received by the Attorney General, be awarded for
purposes described in subsection (a)(7), provided that none of
the funds required to be distributed under this paragraph shall
decrease or otherwise limit the availability of funds required
to be awarded to States or units of local government under
paragraph (3).''; and
(3) by adding at the end the following new subsections:
``(n) Use of Funds for Auditing Sexual Assault Evidence Backlogs.--
``(1) Eligibility.--The Attorney General may award a grant
under this section to a State or unit of local government for
the purpose described in subsection (a)(7) only if the State or
unit of local government--
``(A) <> submits a plan for
performing the audit of samples described in such
subsection; and
``(B) includes in such plan a good-faith estimate of
the number of such samples.
``(2) Grant conditions.--A State or unit of local government
receiving a grant for the purpose described in subsection
(a)(7)--
``(A) may not enter into any contract or agreement
with any non-governmental vendor laboratory to conduct
an audit described in subsection (a)(7); and
``(B) shall--
``(i) <> not later than 1
year after receiving the grant, complete the audit
referred to in paragraph (1)(A) in accordance with
the plan submitted under such paragraph;
[[Page 128]]
``(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--
[[Page 129]]
``(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
[[Page 130]]
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,
[[Page 131]]
including protocols and practices specific to sexual assault
cases, which shall address appropriate steps in the
investigation of cases that might involve DNA evidence,
including--
``(A) how to determine--
``(i) which evidence is to be collected by law
enforcement personnel and forwarded for testing;
``(ii) the preferred order in which evidence
from the same case is to be tested; and
``(iii) what information to take into account
when establishing the order in which evidence from
different cases is to be tested;
``(B) the establishment of a reasonable period of
time in which evidence is to be forwarded by emergency
response providers, law enforcement personnel, and
prosecutors to a laboratory for testing;
``(C) the establishment of reasonable periods of
time in which each stage of analytical laboratory
testing is to be completed;
``(D) systems to encourage communication within a
State or unit of local government among emergency
response providers, law enforcement personnel,
prosecutors, courts, defense counsel, crime laboratory
personnel, and crime victims regarding the status of
crime scene evidence to be tested; and
``(E) standards for conducting the audit of the
backlog for DNA case work in sexual assault cases
required under subsection (n).
``(2) Technical assistance and training.--The Director shall
make available technical assistance and training to support
States and units of local government in adopting and
implementing the protocols and practices developed under
paragraph (1) on and after the date on which the protocols and
practices are published.
``(3) Definitions.--In this subsection, the terms `awaiting
testing' and `possession' have the meanings given those terms in
subsection (n).''.
SEC. 1003. <> REPORTS TO CONGRESS.
Not later than 90 days after the end of each fiscal year for which a
grant is made for the purpose described in section 2(a)(7) of the DNA
Analysis Backlog Elimination Act of 2000, as amended by section 1002,
the Attorney General shall submit to Congress a report that--
(1) lists the States and units of local government that have
been awarded such grants and the amount of the grant received by
each such State or unit of local government;
(2) states the number of extensions granted by the Attorney
General under section 2(n)(3) of the DNA Analysis Backlog
Elimination Act of 2000, as added by section 1002; and
(3) summarizes the processing status of the samples of
sexual assault evidence identified in Sexual Assault Forensic
Evidence Reports established under section 2(n)(4) of the DNA
Analysis Backlog Elimination Act of 2000, including the number
of samples that have not been tested.
SEC. 1004. REDUCING THE RAPE KIT BACKLOG.
Section 2(c)(3) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(c)(3)) is amended--
[[Page 132]]
(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
[[Page 133]]
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
[[Page 134]]
(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 135]]
``(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.''.
[[Page 136]]
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
[[Page 137]]
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.
[[Page 138]]
``(3) Form of assistance.--Assistance under this subsection
may be provided in the form of grants, cooperative agreements,
or contracts to or with national governments, regional or local
governmental units, or non-governmental organizations or private
entities with expertise in the protection of victims of severe
forms of trafficking in persons.
``(4) <> Eligible countries.--The
Secretary of State, in consultation with the agencies set forth
in paragraph (1) and relevant officers of the Department of
Justice, shall select countries with which to enter into child
protection compacts. The selection of countries under this
paragraph shall be based on--
``(A) the selection criteria set forth in paragraph
(5); and
``(B) objective, documented, and quantifiable
indicators, to the maximum extent possible.
``(5) Selection criteria.--A country shall be selected under
paragraph (4) on the basis of criteria developed by the
Secretary of State in consultation with the Administrator of the
United States Agency for International Development and the
Secretary of Labor. Such criteria shall include--
``(A) a documented high prevalence of trafficking in
persons within the country; and
``(B) demonstrated political motivation and
sustained commitment by the government of such country
to undertake meaningful measures to address severe forms
of trafficking in persons, including prevention,
protection of victims, and the enactment and enforcement
of anti-trafficking laws against perpetrators.
``(6) Suspension and termination of assistance.--
``(A) In general.--The Secretary may suspend or
terminate assistance provided under this subsection in
whole or in part for a country or entity if the
Secretary determines that--
``(i) the country or entity is engaged in
activities that are contrary to the national
security interests of the United States;
``(ii) the country or entity has engaged in a
pattern of actions inconsistent with the criteria
used to determine the eligibility of the country
or entity, as the case may be; or
``(iii) the country or entity has failed to
adhere to its responsibilities under the Compact.
``(B) <> Reinstatement.--The
Secretary may reinstate assistance for a country or
entity suspended or terminated under this paragraph only
if the Secretary determines that the country or entity
has demonstrated a commitment to correcting each
condition for which assistance was suspended or
terminated under subparagraph (A).''.
SEC. 1203. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) Task Force Activities.--Section 105(d)(6) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7103(d)(6)) is amended by
inserting ``, and make reasonable efforts to distribute information to
enable all relevant Federal Government agencies
[[Page 139]]
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)--
[[Page 140]]
(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.'';
[[Page 141]]
(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.--
[[Page 142]]
``(1) In general.--The report required under subsection (b)
shall include, for each country in which child marriage is
prevalent, a description of the status of the practice of child
marriage in such country.
``(2) Defined term.--In this subsection, the term `child
marriage' means the marriage of a girl or boy who is--
``(A) younger than the minimum age for marriage
under the laws of the country in which such girl or boy
is a resident; or
``(B) younger than 18 years of age, if no such law
exists.''.
SEC. 1208. CHILD SOLDIERS.
Section 404 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (22 U.S.C. 2370c-1) is amended--
(1) in subsection (a), by striking ``(b), (c), and (d), the
authorities contained in section 516 or 541 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j or 2347)'' and inserting
``(b) through (f), the authorities contained in sections 516,
541, and 551 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j, 2347, and 2348)''; and
(2) by adding at the end the following:
``(f) Exception for Peacekeeping Operations.--The limitation set
forth in subsection (a) that relates to section 551 of the Foreign
Assistance Act of 1961 shall not apply to programs that support military
professionalization, security sector reform, heightened respect for
human rights, peacekeeping preparation, or the demobilization and
reintegration of child soldiers.''.
Subtitle B--Combating Trafficking in Persons in the United States
PART I--PENALTIES AGAINST TRAFFICKERS AND OTHER CRIMES
SEC. 1211. CRIMINAL TRAFFICKING OFFENSES.
(a) RICO Amendment.--Section 1961(1)(B) of title 18, United States
Code, is amended by inserting ``section 1351 (relating to fraud in
foreign labor contracting),'' before ``section 1425''.
(b) Engaging in Illicit Sexual Conduct in Foreign Places.--Section
2423(c) of title 18, United States Code, is amended by inserting ``or
resides, either temporarily or permanently, in a foreign country'' after
``commerce''.
(c) Unlawful Conduct With Respect to Documents.--
(1) In general.--Chapter 77 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 1597. Unlawful conduct with respect to immigration
documents
``(a) Destruction, Concealment, Removal, Confiscation, or Possession
of Immigration Documents.--It shall be unlawful for any person to
knowingly destroy, conceal, remove, confiscate, or possess, an actual or
purported passport or other immigration document of another individual
--
[[Page 143]]
``(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)''.
[[Page 144]]
(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
[[Page 145]]
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
[[Page 146]]
(U)(i) of section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)); and
``(R) the activities undertaken by the Department of
Justice and the Department of Health and Human Services
to meet the specific needs of minor victims of domestic
trafficking, including actions taken pursuant to
subsection (f) and section 202(a) of the Trafficking
Victims Protection Reauthorization Act of 2005 (42
U.S.C. 14044(a)), and the steps taken to increase
cooperation among Federal agencies to ensure the
effective and efficient use of programs for which the
victims are eligible.''.
SEC. 1232. REPORTING REQUIREMENTS FOR THE SECRETARY OF LABOR.
Section 105(b) of the Trafficking Victims Protection Act of 2005 (22
U.S.C. 7112(b)) is amended by adding at the end the following:
``(3) Submission to congress.--Not later than December 1,
2014, and every 2 years thereafter, the Secretary of Labor shall
submit the list developed under paragraph (2)(C) to Congress.''.
SEC. 1233. INFORMATION SHARING TO COMBAT CHILD LABOR AND SLAVE
LABOR.
Section 105(a) of the Trafficking Victims Protection Act of 2005 (22
U.S.C. 7112(a)) is amended by adding at the end the following:
``(3) Information sharing.--The Secretary of State shall, on
a regular basis, provide information relating to child labor and
forced labor in the production of goods in violation of
international standards to the Department of Labor to be used in
developing the list described in subsection (b)(2)(C).''.
SEC. 1234. GOVERNMENT TRAINING EFFORTS TO INCLUDE THE DEPARTMENT
OF LABOR.
Section 107(c)(4) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7105(c)(4)) is amended--
(1) in the first sentence, by inserting ``the Department of
Labor, the Equal Employment Opportunity Commission,'' before
``and the Department''; and
(2) in the second sentence, by inserting ``, in consultation
with the Secretary of Labor,'' before ``shall provide''.
SEC. 1235. GAO REPORT ON THE USE OF FOREIGN LABOR CONTRACTORS.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report on the use of foreign labor contractors to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(3) the Committee on the Judiciary of the House of
Representatives; and
(4) the Committee on Education and the Workforce of the
House of Representatives.
(b) Contents.--The report under subsection (a) should, to the extent
possible--
(1) address the role and practices of United States
employers in--
[[Page 147]]
(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.
[[Page 148]]
(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
[[Page 149]]
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.
[[Page 150]]
``(3) Eligible entity.--The term `eligible entity' means a
State or unit of local government that--
``(A) has significant criminal activity involving
sex trafficking of minors;
``(B) has demonstrated cooperation between Federal,
State, local, and, where applicable, tribal law
enforcement agencies, prosecutors, and social service
providers in addressing sex trafficking of minors;
``(C) has developed a workable, multi-disciplinary
plan to combat sex trafficking of minors, including--
``(i) building or establishing a residential
care facility for minor victims of sex
trafficking;
``(ii) the provision of rehabilitative care to
minor victims of sex trafficking;
``(iii) the provision of specialized training
for law enforcement officers and social service
providers for all forms of sex trafficking, with a
focus on sex trafficking of minors;
``(iv) prevention, deterrence, and prosecution
of offenses involving sex trafficking of minors;
``(v) cooperation or referral agreements with
organizations providing outreach or other related
services to runaway and homeless youth; and
``(vi) law enforcement protocols or procedures
to screen all individuals arrested for
prostitution, whether adult or minor, for
victimization by sex trafficking and by other
crimes, such as sexual assault and domestic
violence; and
``(D) provides assurance that a minor victim of sex
trafficking shall not be required to collaborate with
law enforcement to have access to residential care or
services provided with a grant under this section.
``(4) Minor victim of sex trafficking.--The term `minor
victim of sex trafficking' means an individual who--
``(A) is younger than 18 years of age, and is a
victim of an offense described in section 1591(a) of
title 18, United States Code, or a comparable State law;
or
``(B)(i) is not younger than 18 years of age nor
older than 20 years of age;
``(ii) before the individual reached 18 years of
age, was described in subparagraph (A); and
``(iii) was receiving shelter or services as a minor
victim of sex trafficking.
``(5) Qualified nongovernmental organization.--The term
`qualified nongovernmental organization' means an organization
that--
``(A) is not a State or unit of local government, or
an agency of a State or unit of local government;
``(B) has demonstrated experience providing services
to victims of sex trafficking or related populations
(such as runaway and homeless youth), or employs staff
specialized in the treatment of sex trafficking victims;
and
``(C) demonstrates a plan to sustain the provision
of services beyond the period of a grant awarded under
this section.
``(6) Sex trafficking of a minor.--The term `sex trafficking
of a minor' means an offense described in section 1591(a)
[[Page 151]]
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;
[[Page 152]]
``(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.
[[Page 153]]
``(d) Compliance Requirement.--An eligible entity shall not be
eligible to receive a grant under this section if, during the 5 fiscal
years before the eligible entity submits an application for the grant,
the eligible entity has been found to have violated the terms or
conditions of a Government grant program by utilizing grant funds for
unauthorized expenditures or otherwise unallowable costs.
``(e) Administrative Cap.--The cost of administering the grants
authorized by this section shall not exceed 3 percent of the total
amount appropriated to carry out this section.
``(f) Audit Requirement.--For fiscal years 2016 and 2017, the
Inspector General of the Department of Justice shall conduct an audit of
all 4 eligible entities that receive block grants under this section.
``(g) Match Requirement.--An eligible entity that receives a grant
under this section shall provide a non-Federal match in an amount equal
to not less than--
``(1) 15 percent of the grant during the first year;
``(2) 25 percent of the grant during the first renewal
period;
``(3) 40 percent of the grant during the second renewal
period; and
``(4) 50 percent of the grant during the third renewal
period.
``(h) No Limitation on Section 204 Grants.--An entity that applies
for a grant under section 204 is not prohibited from also applying for a
grant under this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated $8,000,000 to the Attorney General for each of the fiscal
years 2014 through 2017 to carry out this section.
``(j) <> GAO Evaluation.--Not later than
30 months after the date of the enactment of this Act, the Comptroller
General of the United States shall submit a report to Congress that
contains--
``(1) an evaluation of the impact of this section in aiding
minor victims of sex trafficking in the jurisdiction of the
entity receiving the grant; and
``(2) <> recommendations, if any,
regarding any legislative or administrative action the
Comptroller General determines appropriate.''.
(b) <> Sunset Provision.--
The amendment made by subsection (a) shall be effective during the 4-
year period beginning on the date of the enactment of this Act.
SEC. 1242. EXPANDING LOCAL LAW ENFORCEMENT GRANTS FOR
INVESTIGATIONS AND PROSECUTIONS OF
TRAFFICKING.
Section 204 of the Trafficking Victims Protection Reauthorization
Act of 2005 (42 U.S.C. 14044c) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``, which
involve United States citizens, or aliens admitted for
permanent residence, and'';
(B) by redesignating subparagraphs (B), (C), and (D)
as subparagraphs (C), (D), and (E), respectively; and
(C) by inserting after subparagraph (A) the
following:
``(B) to train law enforcement personnel how to
identify victims of severe forms of trafficking in
persons and related offenses;''; and
[[Page 154]]
(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;''.
[[Page 155]]
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
[[Page 156]]
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.''.
[[Page 157]]
SEC. 1262. APPOINTMENT OF CHILD ADVOCATES FOR UNACCOMPANIED
MINORS.
Section 235(c)(6) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(6)) is
amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(2) by striking ``and criminal''; and
(3) by adding at the end the following:
``(B) Appointment of child advocates.--
``(i) <> Initial sites.--Not
later than 2 years after the date of the enactment
of the Violence Against Women Reauthorization Act
of 2013, the Secretary of Health and Human
Services shall appoint child advocates at 3 new
immigration detention sites to provide independent
child advocates for trafficking victims and
vulnerable unaccompanied alien children.
``(ii) <> Additional
sites.--Not later than 3 years after the date of
the enactment of the Violence Against Women
Reauthorization Act of 2013, the Secretary shall
appoint child advocates at not more than 3
additional immigration detention sites.
``(iii) Selection of sites.--Sites at which
child advocate programs will be established under
this subparagraph shall be located at immigration
detention sites at which more than 50 children are
held in immigration custody, and shall be selected
sequentially, with priority given to locations
with--
``(I) the largest number of
unaccompanied alien children; and
``(II) the most vulnerable
populations of unaccompanied children.
``(C) Restrictions.--
``(i) Administrative expenses.--A child
advocate program may not use more that 10 percent
of the Federal funds received under this section
for administrative expenses.
``(ii) Nonexclusivity.--Nothing in this
section may be construed to restrict the ability
of a child advocate program under this section to
apply for or obtain funding from any other source
to carry out the programs described in this
section.
``(iii) Contribution of funds.--A child
advocate program selected under this section shall
contribute non-Federal funds, either directly or
through in-kind contributions, to the costs of the
child advocate program in an amount that is not
less than 25 percent of the total amount of
Federal funds received by the child advocate
program under this section. In-kind contributions
may not exceed 40 percent of the matching
requirement under this clause.
``(D) Annual report to congress.--Not later than 1
year after the date of the enactment of the Violence
Against Women Reauthorization Act of 2013, and annually
thereafter, the Secretary of Health and Human Services
shall submit a report describing the activities
undertaken
[[Page 158]]
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.''.
[[Page 159]]
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.
[[Page 160]]
(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.
Approved March 7, 2013.
LEGISLATIVE HISTORY--S. 47:
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CONGRESSIONAL RECORD, Vol. 159 (2013):
Feb. 7, 11, 12, considered and passed Senate.
Feb. 28, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2013):
Mar. 7, Presidential remarks.