U.S. Congress - Text of H.R.4982 as Introduced in House Violence Against Women Reauthorization Act of 2012
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Donate NowH.R.4982 - Violence Against Women Reauthorization Act of 2012
To reauthorize the Violence Against Women Act of 1994.
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HR 4982 IHCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 4982CommentsClose CommentsPermalink
To reauthorize the Violence Against Women Act of 1994.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
April 27, 2012CommentsClose CommentsPermalink
April 27, 2012CommentsClose CommentsPermalink
Mrs. BIGGERT (for herself and Mr. DOLD) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Education and the Workforce, Financial Services, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To reauthorize the Violence Against Women Act of 1994.CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Violence Against Women Reauthorization Act of 2012’.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
Sec. 3. Universal definitions and grant conditions.CommentsClose CommentsPermalink
Sec. 4. Effective date.CommentsClose CommentsPermalink
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN
Sec. 101. STOP grants.CommentsClose CommentsPermalink
Sec. 102. Grants to encourage arrest policies and enforcement of protection orders.CommentsClose CommentsPermalink
Sec. 103. Legal assistance for victims.CommentsClose CommentsPermalink
Sec. 104. Consolidation of grants to support families in the justice system.CommentsClose CommentsPermalink
Sec. 105. Sex offender management.CommentsClose CommentsPermalink
Sec. 106. Court-appointed special advocate program.CommentsClose CommentsPermalink
Sec. 107. Criminal provision relating to stalking, including cyberstalking.CommentsClose CommentsPermalink
Sec. 108. Outreach and services to underserved populations grant.CommentsClose CommentsPermalink
Sec. 109. Culturally specific services grant.CommentsClose CommentsPermalink
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 201. Sexual assault services program.CommentsClose CommentsPermalink
Sec. 202. Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance.CommentsClose CommentsPermalink
Sec. 203. Training and services to end violence against women with disabilities grants.CommentsClose CommentsPermalink
Sec. 204. Enhanced training and services to end abuse in later life.CommentsClose CommentsPermalink
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE
Sec. 301. Rape prevention and education grant.CommentsClose CommentsPermalink
Sec. 302. Creating hope through outreach, options, services, and education for children and youth.CommentsClose CommentsPermalink
Sec. 303. Grants to combat violent crimes on campuses.CommentsClose CommentsPermalink
Sec. 304. Campus sexual violence, domestic violence, dating violence, and stalking education and prevention.CommentsClose CommentsPermalink
TITLE IV--VIOLENCE REDUCTION PRACTICES
Sec. 401. Study conducted by the centers for disease control and prevention.CommentsClose CommentsPermalink
Sec. 402. Saving money and reducing tragedies through prevention grants.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 602. Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, and stalking.CommentsClose CommentsPermalink
Sec. 603. Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking.CommentsClose CommentsPermalink
TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
Sec. 701. National Resource Center on Workplace Responses to assist victims of domestic and sexual violence.CommentsClose CommentsPermalink
TITLE VIII--PROTECTION OF BATTERED IMMIGRANTS
Sec. 801. U nonimmigrant definition.CommentsClose CommentsPermalink
Sec. 802. Annual report on immigration applications made by victims of abuse.CommentsClose CommentsPermalink
Sec. 803. Protection for children of VAWA self-petitioners.CommentsClose CommentsPermalink
Sec. 804. Public charge.CommentsClose CommentsPermalink
Sec. 805. Protections for a fiancee or fiance of a citizen.CommentsClose CommentsPermalink
Sec. 806. Regulation of international marriage brokers.CommentsClose CommentsPermalink
Sec. 807. Eligibility of crime and trafficking victims in the Commonwealth of the Northern Mariana Islands to adjust status.CommentsClose CommentsPermalink
TITLE IX--SAFETY FOR INDIAN WOMEN
Sec. 901. Grants to Indian tribal governments.CommentsClose CommentsPermalink
Sec. 902. Grants to Indian tribal coalitions.CommentsClose CommentsPermalink
Sec. 903. Consultation.CommentsClose CommentsPermalink
Sec. 904. Tribal jurisdiction over crimes of domestic violence.CommentsClose CommentsPermalink
Sec. 905. Tribal protection orders.CommentsClose CommentsPermalink
Sec. 906. Amendments to the Federal assault statute.CommentsClose CommentsPermalink
Sec. 907. Analysis and research on violence against Indian women.CommentsClose CommentsPermalink
Sec. 908. Effective dates; pilot project.CommentsClose CommentsPermalink
TITLE X--OTHER MATTERS
Sec. 1001. Criminal provisions relating to sexual abuse.CommentsClose CommentsPermalink
Sec. 1002. Sexual abuse in custodial settings.CommentsClose CommentsPermalink
Sec. 1003. Anonymous online harassment.CommentsClose CommentsPermalink
Sec. 1004. Stalker database.CommentsClose CommentsPermalink
Sec. 1005. Federal victim assistants reauthorization.CommentsClose CommentsPermalink
Sec. 1006. Child abuse training programs for judicial personnel and practitioners reauthorization.CommentsClose CommentsPermalink
Sec. 1007. Mandatory minimum sentence.CommentsClose CommentsPermalink
Sec. 1008. Removal of drunk drivers.CommentsClose CommentsPermalink
SEC. 3. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.
(a) Definitions- Subsection (a) of section 40002 of the Violence Against Women Act of 1994 (
(1) by redesignating--CommentsClose CommentsPermalink
(A) paragraph (1) as paragraph (2);CommentsClose CommentsPermalink
(B) paragraph (2) as paragraph (3);CommentsClose CommentsPermalink
(C) paragraphs (3) and (4) as paragraphs (4) and (5), respectively;CommentsClose CommentsPermalink
(D) paragraphs (6) through (9) as paragraphs (8) through (11), respectively;CommentsClose CommentsPermalink
(E) paragraphs (10) through (16) as paragraphs (13) through (19), respectively;CommentsClose CommentsPermalink
(F) paragraph (18) as paragraph (20);CommentsClose CommentsPermalink
(G) paragraphs (19) and (20) as paragraphs (23) and (24), respectively;CommentsClose CommentsPermalink
(H) paragraphs (21) through (23) as paragraphs (26) through (28), respectively;CommentsClose CommentsPermalink
(I) paragraphs (24) through (33) as paragraphs (30) through (39), respectively;CommentsClose CommentsPermalink
(J) paragraphs (34) and (35) as paragraphs (43) and (44); andCommentsClose CommentsPermalink
(K) paragraph (37) as paragraph (45);CommentsClose CommentsPermalink
(2) by inserting before paragraph (2), as redesignated, the following:CommentsClose CommentsPermalink
‘(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.).’;CommentsClose CommentsPermalink
(3) in paragraph (3), as redesignated, by striking ‘serious harm.’ and inserting ‘serious harm to an unemancipated minor.’;CommentsClose CommentsPermalink
(4) 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--’;CommentsClose CommentsPermalink
(5) by striking paragraph (5), as in effect before the amendments made by this subsection;CommentsClose CommentsPermalink
(6) by inserting after paragraph (7), as redesignated, the following:CommentsClose CommentsPermalink
‘(6) 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.CommentsClose CommentsPermalink
‘(7) 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) ).’;CommentsClose CommentsPermalink
(7) in paragraph (8), as redesignated, by inserting ‘or intimate partner’ after ‘former spouse’ and ‘as a spouse’;CommentsClose CommentsPermalink
(8) by inserting after paragraph (11), as redesignated, the following:CommentsClose CommentsPermalink
‘(12) HOMELESS- The term ‘homeless’ has the meaning provided in
42 U.S.C. 14043e-2(6) .’;CommentsClose CommentsPermalink
(9) in paragraph (18), as redesignated, by inserting ‘or Village Public Safety Officers’ after ‘government victim service programs;CommentsClose CommentsPermalink
(10) in paragraph (21), as redesignated, by inserting at the end the following:CommentsClose CommentsPermalink
‘Intake or referral, by itself, does not constitute legal assistance.’;CommentsClose CommentsPermalink
(11) by striking paragraph (17), as in effect before the amendments made by this subsection;CommentsClose CommentsPermalink
(12) by amending paragraph (20), as redesignated, to read as follows:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) a first and last name;CommentsClose CommentsPermalink
‘(B) a home or other physical address;CommentsClose CommentsPermalink
‘(C) contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number);CommentsClose CommentsPermalink
‘(D) a social security number, driver license number, passport number, or student identification number; andCommentsClose CommentsPermalink
‘(E) any other information, including date of birth, racial or ethnic background, or religious affiliation, that would serve to identify any individual.’;CommentsClose CommentsPermalink
(13) by inserting after paragraph (20), as redesignated, the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(14) in paragraph (23), as redesignated, by striking ‘services’ and inserting ‘assistance’;CommentsClose CommentsPermalink
(15) by inserting after paragraph (24), as redesignated, the following:CommentsClose CommentsPermalink
‘(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
42 U.S.C. 14043g(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.’;CommentsClose CommentsPermalink
(16) in paragraph (26), as redesignated--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking ‘or’ after the semicolon;CommentsClose CommentsPermalink
(B) in subparagraph (B), by striking the period and inserting ‘; or’; andCommentsClose CommentsPermalink
(C) by inserting at the end the following:CommentsClose CommentsPermalink
‘(C) any federally recognized Indian tribe.’;CommentsClose CommentsPermalink
(17) in paragraph (27), as redesignated--CommentsClose CommentsPermalink
(A) by striking ‘52’ and inserting ‘57’; andCommentsClose CommentsPermalink
(B) by striking ‘150,000’ and inserting ‘250,000’;CommentsClose CommentsPermalink
(18) by striking paragraph (28), as redesignated, and inserting the following:CommentsClose CommentsPermalink
‘(28) 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.’;CommentsClose CommentsPermalink
(19) by inserting after paragraph (28), as redesignated, the following:CommentsClose CommentsPermalink
‘(29) SEX TRAFFICKING- The term ‘sex trafficking’ means any conduct proscribed by
18 U.S.C. 1591 , whether or not the conduct occurs in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States.’;CommentsClose CommentsPermalink
(20) by striking paragraph (35), as redesignated, and inserting the following:CommentsClose CommentsPermalink
‘(35) TRIBAL COALITION- The term ‘tribal coalition’ means an established nonprofit, nongovernmental Indian organization or a Native Hawaiian organization that--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(B) is comprised of board and general members that are representative of--CommentsClose CommentsPermalink
‘(i) the member service providers described in subparagraph (A); andCommentsClose CommentsPermalink
‘(ii) the tribal communities in which the services are being provided;’;CommentsClose CommentsPermalink
(21) by amending paragraph (39), as redesignated, to read as follows:CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(22) by inserting after paragraph (39), as redesignated, the following:CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(23) by striking paragraph (36), as in effect before the amendments made by this subsection, and inserting the following:CommentsClose CommentsPermalink
‘(41) VICTIM SERVICES OR SERVICES- The terms ‘victim services’ and ‘services’ means services provided to victims of domestic violence, dating violence, sexual assault, or stalking, including telephonic or web-based hotlines, legal advocacy, economic advocacy, emergency and transitional shelter, accompaniment and advocacy through medical, civil or criminal justice, immigration, and social support systems, crisis intervention, short-term individual and group support services, information and referrals, culturally specific services, population specific services, and other related supportive services.CommentsClose CommentsPermalink
‘(42) 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.’; andCommentsClose CommentsPermalink
(24) by striking paragraph (43), as redesignated, and inserting the following:CommentsClose CommentsPermalink
‘(43) YOUTH- The term ‘youth’ means a person who is 11 to 24 years old.’.CommentsClose CommentsPermalink
(b) Grants Conditions- Subsection (b) of section 40002 of the Violence Against Women Act of 1994 (
(1) in paragraph (2)--CommentsClose CommentsPermalink
(A) in subparagraph (B), by striking clauses (i) and (ii) and inserting the following:CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
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.’;CommentsClose CommentsPermalink
(B) by amending subparagraph (D), to read as follows:CommentsClose CommentsPermalink
‘(D) INFORMATION SHARING-CommentsClose CommentsPermalink
‘(i) Grantees and subgrantees may share--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(II) court-generated information and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes; andCommentsClose CommentsPermalink
‘(III) law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes.CommentsClose CommentsPermalink
‘(ii) In no circumstances may--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(C) by redesignating subparagraph (E) as subparagraph (F);CommentsClose CommentsPermalink
(D) by inserting after subparagraph (D) the following:CommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
(E) by inserting after subparagraph (F), as redesignated, the following:CommentsClose CommentsPermalink
‘(G) CONFIDENTIALITY ASSESSMENT AND ASSURANCES- Grantees and subgrantees must document their compliance with the confidentiality and privacy provisions required under this section.’;CommentsClose CommentsPermalink
(2) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(3) in paragraph (7), by inserting at the end the following:CommentsClose CommentsPermalink
‘Final reports of such evaluations shall be made available to the public via the agency’s Website.’; andCommentsClose CommentsPermalink
(4) by inserting after paragraph (11) the following:CommentsClose CommentsPermalink
‘(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) ).CommentsClose CommentsPermalink‘(13) CIVIL RIGHTS-CommentsClose CommentsPermalink
‘(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 ofPublic Law 106-386 ; 114 Stat. 1491), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX ofPublic Law 109-162 ; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2012, 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.CommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink
‘(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 .CommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink
‘(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 ).CommentsClose CommentsPermalink‘(15) CONFERRAL-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(B) AREAS COVERED- The areas of conferral under this paragraph shall include--CommentsClose CommentsPermalink
‘(i) the administration of grants;CommentsClose CommentsPermalink
‘(ii) unmet needs;CommentsClose CommentsPermalink
‘(iii) promising practices in the field; andCommentsClose CommentsPermalink
‘(iv) emerging trends.CommentsClose CommentsPermalink
‘(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 2012.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) summarizes the issues presented during conferral and what, if any, policies it intends to implement to address those issues; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(16) ACCOUNTABILITY- All grants awarded by the Attorney General under this Act shall be subject to the following accountability provisions:CommentsClose CommentsPermalink
‘(A) AUDIT REQUIREMENT-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(ii) DEFINITION- In this paragraph, the term ‘unresolved audit finding’ means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(I) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; andCommentsClose CommentsPermalink
‘(II) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.CommentsClose CommentsPermalink
‘(B) NONPROFIT ORGANIZATION REQUIREMENTS-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(C) CONFERENCE EXPENDITURES-CommentsClose CommentsPermalink
‘(i) LIMITATION- No amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(ii) all mandatory exclusions required under subparagraph (A)(iii) have been issued;CommentsClose CommentsPermalink
‘(iii) all reimbursements required under subparagraph (A)(v) have been made; andCommentsClose CommentsPermalink
‘(iv) includes a list of any grant recipients excluded under subparagraph (A) from the previous year.’.CommentsClose CommentsPermalink
SEC. 4. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, the provisions of titles I, II, III, IV, VII, and sections 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.CommentsClose CommentsPermalink
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMENCommentsClose CommentsPermalink
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMENCommentsClose CommentsPermalink
SEC. 101. STOP GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) in section 1001(a)(18) (
(2) in section 2001(b) (
(A) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘equipment’ and inserting ‘resources’; andCommentsClose CommentsPermalink
(ii) by inserting ‘for the protection and safety of victims,’ after ‘women,’;CommentsClose CommentsPermalink
(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 (
(C) in paragraph (2), by striking ‘sexual assault and domestic violence’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’;CommentsClose CommentsPermalink
(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’;CommentsClose CommentsPermalink
(E) in paragraph (4)--CommentsClose CommentsPermalink
(i) by striking ‘sexual assault and domestic violence’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’; andCommentsClose CommentsPermalink
(ii) by inserting ‘, classifying,’ after ‘identifying’;CommentsClose CommentsPermalink
(F) in paragraph (5)--CommentsClose CommentsPermalink
(i) by inserting ‘and legal assistance’ after ‘victim services’;CommentsClose CommentsPermalink
(ii) by striking ‘domestic violence and dating violence’ and inserting ‘domestic violence, dating violence, and stalking’; andCommentsClose CommentsPermalink
(iii) by striking ‘sexual assault and domestic violence’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’;CommentsClose CommentsPermalink
(G) by striking paragraph (6) and redesignating paragraphs (7) through (14) as paragraphs (6) through (13), respectively;CommentsClose CommentsPermalink
(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’;CommentsClose CommentsPermalink
(I) in paragraph (7), as redesignated by subparagraph (G), by striking ‘and dating violence’ and inserting ‘dating violence, and stalking’;CommentsClose CommentsPermalink
(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’;CommentsClose CommentsPermalink
(K) in paragraph (12), as redesignated by subparagraph (G)--CommentsClose CommentsPermalink
(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’; andCommentsClose CommentsPermalink
(ii) by striking ‘and’ at the end;CommentsClose CommentsPermalink
(L) in paragraph (13), as redesignated by subparagraph (G)--CommentsClose CommentsPermalink
(i) by striking ‘to provide’ and inserting ‘providing’;CommentsClose CommentsPermalink
(ii) by striking ‘nonprofit nongovernmental’;CommentsClose CommentsPermalink
(iii) by striking the comma after ‘local governments’;CommentsClose CommentsPermalink
(iv) in the matter following subparagraph (C), by striking ‘paragraph (14)’ and inserting ‘paragraph (13)’; andCommentsClose CommentsPermalink
(v) by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(M) by inserting after paragraph (13), as redesignated by subparagraph (G), the following:CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(15) developing, implementing, or enhancing Sexual Assault Response Teams, or other similar coordinated community responses to sexual assault;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(17) developing, enlarging, or strengthening programs addressing sexual assault against men, women, and youth in correctional and detention settings;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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 ; andCommentsClose CommentsPermalink‘(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.’;CommentsClose CommentsPermalink
(3) in section 2007 (
(A) in subsection (a), by striking ‘nonprofit nongovernmental victim service programs’ and inserting ‘victim service providers’;CommentsClose CommentsPermalink
(B) in subsection (b)(6), by striking ‘(not including populations of Indian tribes)’;CommentsClose CommentsPermalink
(C) in subsection (c)--CommentsClose CommentsPermalink
(i) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
‘(2) grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with--CommentsClose CommentsPermalink
‘(A) the State sexual assault coalition;CommentsClose CommentsPermalink
‘(B) the State domestic violence coalition;CommentsClose CommentsPermalink
‘(C) the law enforcement entities within the State;CommentsClose CommentsPermalink
‘(D) prosecution offices;CommentsClose CommentsPermalink
‘(E) State and local courts;CommentsClose CommentsPermalink
‘(F) Tribal governments in those States with State or federally recognized Indian tribes;CommentsClose CommentsPermalink
‘(G) representatives from underserved populations, including culturally specific populations;CommentsClose CommentsPermalink
‘(H) victim service providers;CommentsClose CommentsPermalink
‘(I) population specific organizations; andCommentsClose CommentsPermalink
‘(J) other entities that the State or the Attorney General identifies as needed for the planning process;’;CommentsClose CommentsPermalink
(ii) by redesignating paragraph (3) as paragraph (4);CommentsClose CommentsPermalink
(iii) by inserting after paragraph (2), as amended by clause (i), the following:CommentsClose CommentsPermalink
‘(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 ).’;CommentsClose CommentsPermalink
(iv) in paragraph (4), as redesignated by clause (ii)--CommentsClose CommentsPermalink
(I) in subparagraph (A), by striking ‘and not less than 25 percent shall be allocated for prosecutors’;CommentsClose CommentsPermalink
(II) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D);CommentsClose CommentsPermalink
(III) by inserting after subparagraph (A), the following:CommentsClose CommentsPermalink
‘(B) not less than 25 percent shall be allocated for prosecutors;’; andCommentsClose CommentsPermalink
(IV) in subparagraph (D) as redesignated by subclause (II) by striking ‘for’ and inserting ‘to’; andCommentsClose CommentsPermalink
(v) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(D) by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink
‘(d) Application Requirements- An application for a grant under this section shall include--CommentsClose CommentsPermalink
‘(1) the certifications of qualification required under subsection (c);CommentsClose CommentsPermalink
‘(2) proof of compliance with the requirements for the payment of forensic medical exams and judicial notification, described in section 2010;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(4) proof of compliance with the requirements prohibiting polygraph examinations of victims of sexual assault, described in section 2013 of this title;CommentsClose CommentsPermalink
‘(5) an implementation plan required under subsection (i); andCommentsClose CommentsPermalink
‘(6) any other documentation that the Attorney General may require.’;CommentsClose CommentsPermalink
(E) in subsection (e)--CommentsClose CommentsPermalink
(i) in paragraph (2)--CommentsClose CommentsPermalink
(I) in subparagraph (A), by striking ‘domestic violence and sexual assault’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’; andCommentsClose CommentsPermalink
(II) in subparagraph (D), by striking ‘linguistically and’; andCommentsClose CommentsPermalink
(ii) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(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.’; andCommentsClose CommentsPermalink(G) by adding at the end the following:CommentsClose CommentsPermalink
‘(i) Implementation Plans- A State applying for a grant under this part shall--CommentsClose CommentsPermalink
‘(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); andCommentsClose CommentsPermalink
‘(2) submit to the Attorney General--CommentsClose CommentsPermalink
‘(A) the implementation plan developed under paragraph (1);CommentsClose CommentsPermalink
‘(B) documentation from each member of the planning committee as to their participation in the planning process;CommentsClose CommentsPermalink
‘(C) documentation from the prosecution, law enforcement, court, and victim services programs to be assisted, describing--CommentsClose CommentsPermalink
‘(i) the need for the grant funds;CommentsClose CommentsPermalink
‘(ii) the intended use of the grant funds;CommentsClose CommentsPermalink
‘(iii) the expected result of the grant funds; andCommentsClose CommentsPermalink
‘(iv) the demographic characteristics of the populations to be served, including age, disability, race, ethnicity, and language background;CommentsClose CommentsPermalink
‘(D) a description of how the State will ensure that any subgrantees will consult with victim service providers during the course of developing their grant applications in order to ensure that the proposed activities are designed to promote the safety, confidentiality, and economic independence of victims;CommentsClose CommentsPermalink
‘(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);CommentsClose CommentsPermalink
‘(F) a description of how the State plans to meet the regulations issued pursuant to subsection (e)(2);CommentsClose CommentsPermalink
‘(G) goals and objectives for reducing domestic violence-related homicides within the State; andCommentsClose CommentsPermalink
‘(H) any other information requested by the Attorney General.CommentsClose CommentsPermalink
‘(j) Reallocation of Funds- A State may use any returned or remaining funds for any authorized purpose under this part if--CommentsClose CommentsPermalink
‘(1) funds from a subgrant awarded under this part are returned to the State; orCommentsClose CommentsPermalink
‘(2) the State does not receive sufficient eligible applications to award the full funding within the allocations in subsection (c)(4)’;CommentsClose CommentsPermalink
(4) in section 2010 (
42 U.S.C. 3796gg-4 )--CommentsClose CommentsPermalink
(A) in subsection (a), by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault; andCommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(B) in subsection (b)--CommentsClose CommentsPermalink
(i) in paragraph (1), by inserting ‘or’ after the semicolon;CommentsClose CommentsPermalink
(ii) in paragraph (2), by striking ‘; or’ and inserting a period; andCommentsClose CommentsPermalink
(iii) by striking paragraph (3); andCommentsClose CommentsPermalink
(C) by amending subsection (d) to read as follows:CommentsClose CommentsPermalink
‘(d) Noncooperation-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
(5) in section 2011(a)(1) (
42 U.S.C. 3796gg-5(a)(1) )--CommentsClose CommentsPermalink
(A) by inserting ‘modification, enforcement, dismissal, withdrawal’ after ‘registration,’ each place it appears;CommentsClose CommentsPermalink
(B) by inserting ‘, dating violence, sexual assault, or stalking’ after ‘felony domestic violence’; andCommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
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 (
(1) in section 2101 (
(A) in subsection (b)--CommentsClose CommentsPermalink
(i) in the matter preceding paragraph (1), by striking ‘States,’ and all that follows through ‘units of local government’ and inserting ‘grantees’;CommentsClose CommentsPermalink
(ii) in paragraph (1), by inserting ‘and enforcement of protection orders across State and tribal lines’ before the period;CommentsClose CommentsPermalink
(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’;CommentsClose CommentsPermalink
(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’;CommentsClose CommentsPermalink
(v) in paragraph (5), by inserting ‘and other victim services’ after ‘legal advocacy service programs’;CommentsClose CommentsPermalink
(vi) in paragraph (6), by striking ‘judges’ and inserting ‘Federal, State, tribal, territorial, and local judges, courts, and court-based and court-related personnel’;CommentsClose CommentsPermalink
(vii) in paragraph (8), by striking ‘and sexual assault’ and inserting ‘dating violence, sexual assault, and stalking’;CommentsClose CommentsPermalink
(viii) in paragraph (10), by striking ‘non-profit, non-governmental victim services organizations,’ and inserting ‘victim service providers, staff from population specific organizations,’; andCommentsClose CommentsPermalink
(ix) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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) ).CommentsClose CommentsPermalink‘(16) To develop and promote State, local, or tribal legislation and policies that enhance best practices for responding to the crimes of domestic violence, dating violence, sexual assault, and stalking, including the appropriate treatment of victims.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(18) To develop, implement, or enhance Sexual Assault Response Teams or similar coordinated community responses to sexual assault.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(20) To provide human immunodeficiency virus testing programs, counseling, and prophylaxis for victims of sexual assault.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(22) To develop multidisciplinary high-risk teams focusing on reducing domestic violence and dating violence homicides by--CommentsClose CommentsPermalink
‘(A) using evidence-based indicators to assess the risk of homicide and link high-risk victims to immediate crisis intervention services;CommentsClose CommentsPermalink
‘(B) identifying and managing high-risk offenders; andCommentsClose CommentsPermalink
‘(C) providing ongoing victim advocacy and referrals to comprehensive services including legal, housing, health care, and economic assistance.’;CommentsClose CommentsPermalink
(B) in subsection (c)--CommentsClose CommentsPermalink
(i) in paragraph (1)--CommentsClose CommentsPermalink
(I) in the matter preceding subparagraph (A), by inserting ‘except for a court,’ before ‘certify’; andCommentsClose CommentsPermalink
(II) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accordingly;CommentsClose CommentsPermalink
(ii) in paragraph (2), by inserting ‘except for a court,’ before ‘demonstrate’;CommentsClose CommentsPermalink
(iii) in paragraph (3)--CommentsClose CommentsPermalink
(I) by striking ‘spouses’ each place it appears and inserting ‘parties’; andCommentsClose CommentsPermalink
(II) by striking ‘spouse’ and inserting ‘party’;CommentsClose CommentsPermalink
(iv) in paragraph (4)--CommentsClose CommentsPermalink
(I) by inserting ‘, dating violence, sexual assault, or stalking’ after ‘felony domestic violence’;CommentsClose CommentsPermalink
(II) by inserting ‘modification, enforcement, dismissal,’ after ‘registration,’ each place it appears;CommentsClose CommentsPermalink
(III) by inserting ‘dating violence,’ after ‘victim of domestic violence,’; andCommentsClose CommentsPermalink
(IV) by striking ‘and’ at the end;CommentsClose CommentsPermalink
(v) in paragraph (5)--CommentsClose CommentsPermalink
(I) in the matter preceding subparagraph (A), by striking ‘, not later than 3 years after January 5, 2006’;CommentsClose CommentsPermalink
(II) by inserting ‘, trial of, or sentencing for’ after ‘investigation of’ each place it appears;CommentsClose CommentsPermalink
(III) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accordingly;CommentsClose CommentsPermalink
(IV) in clause (ii), as redesignated by subclause (III) of this clause, by striking ‘subparagraph (A)’ and inserting ‘clause (i)’; andCommentsClose CommentsPermalink
(V) by striking the period at the end and inserting ‘; and’;CommentsClose CommentsPermalink
(vi) by redesignating paragraphs (1) through (5), as amended by this subparagraph, as subparagraphs (A) through (E), respectively;CommentsClose CommentsPermalink
(vii) in the matter preceding subparagraph (A), as redesignated by clause (v) of this subparagraph--CommentsClose CommentsPermalink
(I) by striking the comma that immediately follows another comma; andCommentsClose CommentsPermalink
(II) by striking ‘grantees are States’ and inserting the following: ‘grantees are--CommentsClose CommentsPermalink
‘(1) States’; andCommentsClose CommentsPermalink
(viii) by adding at the end the following:CommentsClose CommentsPermalink
‘(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).’;CommentsClose CommentsPermalink
(C) in subsection (d)--CommentsClose CommentsPermalink
(i) in paragraph (1)--CommentsClose CommentsPermalink
(I) in the matter preceding subparagraph (A), by inserting ‘, policy,’ after ‘law’; andCommentsClose CommentsPermalink
(II) in subparagraph (A), by inserting ‘and the defendant is in custody or has been served with the information or indictment’ before the semicolon; andCommentsClose CommentsPermalink
(ii) in paragraph (2), by striking ‘it’ and inserting ‘its’; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
‘(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 ).CommentsClose CommentsPermalink‘(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.’; andCommentsClose CommentsPermalink
(2) in section 2102(a) (
(A) in paragraph (1), by inserting ‘court,’ after ‘tribal government,’; andCommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Section 1001(a)(19) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) by striking ‘$75,000,000’ and all that follows through ‘2011.’ and inserting ‘$73,000,000 for each of fiscal years 2013 through 2017.’; andCommentsClose CommentsPermalink
(2) by striking the period that immediately follows another period.CommentsClose CommentsPermalink
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.
Section 1201 of the Violence Against Women Act of 2000 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in the first sentence, by striking ‘arising as a consequence of’ and inserting ‘relating to or arising out of’; andCommentsClose CommentsPermalink
(B) in the second sentence, by inserting ‘or arising out of’ after ‘relating to’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in the heading, by inserting ‘and Grant Conditions’ after ‘Definitions’; andCommentsClose CommentsPermalink
(B) by inserting ‘and grant conditions’ after ‘definitions’;CommentsClose CommentsPermalink
(3) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘victims services organizations’ and inserting ‘victim service providers’; andCommentsClose CommentsPermalink
(B) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(4) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘this section has completed’ and all that follows and inserting the following: ‘this section--’CommentsClose CommentsPermalink
‘(A) has demonstrated expertise in providing legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; orCommentsClose CommentsPermalink
‘(B)(i) is partnered with an entity or person that has demonstrated expertise described in subparagraph (A); andCommentsClose CommentsPermalink
‘(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;’; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘stalking organization’ and inserting ‘stalking victim service provider’; andCommentsClose CommentsPermalink
(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 2013 through 2017.’.CommentsClose CommentsPermalink
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 (
‘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.CommentsClose CommentsPermalink
‘(b) Use of Funds- A grant under this section may be used to--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(5) enable courts or court-based or court-related programs to develop or enhance--CommentsClose CommentsPermalink
‘(A) court infrastructure (such as specialized courts, consolidated courts, dockets, intake centers, or interpreter services);CommentsClose CommentsPermalink
‘(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);CommentsClose CommentsPermalink
‘(C) offender management, monitoring, and accountability programs;CommentsClose CommentsPermalink
‘(D) safe and confidential information-storage and information-sharing databases within and between court systems;CommentsClose CommentsPermalink
‘(E) education and outreach programs to improve community access, including enhanced access for underserved populations; andCommentsClose CommentsPermalink
‘(F) other projects likely to improve court responses to domestic violence, dating violence, sexual assault, and stalking;CommentsClose CommentsPermalink
‘(6) provide civil legal assistance and advocacy services, including legal information and resources in cases in which the victim proceeds pro se, to--CommentsClose CommentsPermalink
‘(A) victims of domestic violence; andCommentsClose CommentsPermalink
‘(B) nonoffending parents in matters--CommentsClose CommentsPermalink
‘(i) that involve allegations of child sexual abuse;CommentsClose CommentsPermalink
‘(ii) that relate to family matters, including civil protection orders, custody, and divorce; andCommentsClose CommentsPermalink
‘(iii) in which the other parent is represented by counsel;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(8) to improve training and education to assist judges, judicial personnel, attorneys, child welfare personnel, and legal advocates in the civil justice system.CommentsClose CommentsPermalink
‘(c) Considerations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- In making grants for purposes described in paragraphs (1) through (7) of subsection (b), the Attorney General shall consider--CommentsClose CommentsPermalink
‘(A) the number of families to be served by the proposed programs and services;CommentsClose CommentsPermalink
‘(B) the extent to which the proposed programs and services serve underserved populations;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(D) the extent to which the applicant demonstrates coordination and collaboration with State, tribal, and local court systems, including mechanisms for communication and referral.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(d) Applicant Requirements- The Attorney General may make a grant under this section to an applicant that--CommentsClose CommentsPermalink
‘(1) demonstrates expertise in the areas of domestic violence, dating violence, sexual assault, stalking, or child sexual abuse, as appropriate;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $22,000,000 for each of fiscal years 2013 through 2017. Amounts appropriated pursuant to this subsection shall remain available until expended.CommentsClose CommentsPermalink
‘(f) Allotment for Indian Tribes-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) APPLICABILITY OF PART- The requirements of this section shall not apply to funds allocated for the program described in paragraph (1).’.CommentsClose CommentsPermalink
(b) Technical and Conforming Amendment- Subtitle J of the Violence Against Women Act of 1994 (
42 U.S.C. 14043 et seq.) is repealed.CommentsClose CommentsPermalink
SEC. 105. SEX OFFENDER MANAGEMENT.
Section 40152(c) of the Violence Against Women Act of 1994 (
SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Subtitle B of title II of the Crime Control Act of 1990 (
(1) in section 216 (
(2) in section 217 (
(A) by striking ‘Code of Ethics’ in section (c)(2) and inserting ‘Standards for Programs’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
(3) in section 219(a) (
SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, INCLUDING CYBERSTALKING.
(a) Interstate Domestic Violence-
(1) by inserting ‘is present’ after ‘Indian Country or’; andCommentsClose CommentsPermalink
(2) by inserting ‘or presence’ after ‘as a result of such travel’;CommentsClose CommentsPermalink
(b) Stalking-
‘Sec. 2261A. Stalking
‘Whoever--CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) places that person in reasonable fear of the death of, or serious bodily injury to--CommentsClose CommentsPermalink
‘(i) that person;CommentsClose CommentsPermalink
‘(ii) an immediate family member (as defined in section 115) of that person; orCommentsClose CommentsPermalink
‘(iii) a spouse or intimate partner of that person; orCommentsClose CommentsPermalink
‘(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); orCommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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); orCommentsClose CommentsPermalink
‘(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),CommentsClose CommentsPermalink
shall be punished as provided in section 2261(b) of this title.’.CommentsClose CommentsPermalink
(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’.CommentsClose CommentsPermalink
SEC. 108. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS GRANT.
Section 120 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (
‘SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS.
‘(a) Grants Authorized-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) PROGRAMS COVERED- The programs covered by paragraph (1) are the programs carried out under the following provisions:CommentsClose CommentsPermalink
‘(A) Section 2001 of the Omnibus Crime Control and Safe Streets Act of 1968 (Grants to Combat Violent Crimes Against Women).CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(b) Eligible Entities- Eligible entities under this section are--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(2) victim service providers offering population specific services for a specific underserved population; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(3) identifying promising prevention, outreach and intervention strategies for victims from a targeted underserved population or populations; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(1) working with Federal, State, tribal, territorial and local governments, agencies, and organizations to develop or enhance population specific services;CommentsClose CommentsPermalink
‘(2) strengthening the capacity of underserved populations to provide population specific services;CommentsClose CommentsPermalink
‘(3) strengthening the capacity of traditional victim service providers to provide population specific services;CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(f) Reports- Each eligible entity receiving a grant under this section shall submit to the Director of the Office on Violence Against Women a report that describes the activities carried out with grant funds.CommentsClose CommentsPermalink
‘(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 2013 through 2017.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 109. CULTURALLY SPECIFIC SERVICES GRANT.
Section 121 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (
(1) in the section heading, by striking ‘and linguistically’;CommentsClose CommentsPermalink
(2) by striking ‘and linguistically’ each place it appears;CommentsClose CommentsPermalink
(3) by striking ‘and linguistic’ each place it appears;CommentsClose CommentsPermalink
(4) by striking subsection (a)(2) and inserting:CommentsClose CommentsPermalink
‘(2) PROGRAMS COVERED- The programs covered by paragraph (1) are the programs carried out under the following provisions:CommentsClose CommentsPermalink
‘(A) Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (Grants to Encourage Arrest Policies and Enforcement of Protection Orders).CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink‘(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).CommentsClose CommentsPermalink‘(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).CommentsClose CommentsPermalink‘(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).’; andCommentsClose CommentsPermalink
(5) in subsection (g), by striking ‘linguistic and’.CommentsClose CommentsPermalink
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKINGCommentsClose CommentsPermalink
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKINGCommentsClose CommentsPermalink
SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
(a) Grants to States and Territories- Section 41601(b) of the Violence Against Women Act of 1994 (
(1) in paragraph (1), by striking ‘other programs’ and all that follows and inserting ‘other nongovernmental or tribal programs and projects to assist individuals who have been victimized by sexual assault, without regard to the age of the individual.’;CommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) in subparagraph (B), by inserting ‘or tribal programs and activities’ after ‘nongovernmental organizations’; andCommentsClose CommentsPermalink
(B) in subparagraph (C)(v), by striking ‘linguistically and’; andCommentsClose CommentsPermalink
(3) in paragraph (4)--CommentsClose CommentsPermalink
(A) by inserting ‘(including the District of Columbia and Puerto Rico)’ after ‘The Attorney General shall allocate to each State’;CommentsClose CommentsPermalink
(B) by striking ‘the District of Columbia, Puerto Rico,’ after ‘Guam’;CommentsClose CommentsPermalink
(C) by striking ‘0.125 percent’ and inserting ‘0.25 percent’; andCommentsClose CommentsPermalink
(D) by striking ‘The District of Columbia shall be treated as a territory for purposes of calculating its allocation under the preceding formula.’.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Section 41601(f)(1) of the Violence Against Women Act of 1994 (
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 (
(1) in subsection (a)(1)(H), by inserting ‘, including sexual assault forensic examiners’ before the semicolon;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘victim advocacy groups’ and inserting ‘victim service providers’; andCommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(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’; andCommentsClose CommentsPermalink
(ii) by striking ‘and’ at the end;CommentsClose CommentsPermalink
(C) in paragraph (3), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(5) developing programs and strategies that focus on the specific needs of victims of domestic violence, dating violence, sexual assault, and stalking who reside in remote rural and geographically isolated areas, including addressing the challenges posed by the lack of access to shelters and victims services, and limited law enforcement resources and training, and providing training and resources to Community Health Aides involved in the delivery of Indian Health Service programs.’; andCommentsClose CommentsPermalink
(3) in subsection (e)(1), by striking ‘$55,000,000 for each of the fiscal years 2007 through 2011’ and inserting ‘$50,000,000 for each of fiscal years 2013 through 2017’.CommentsClose CommentsPermalink
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 (
(1) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1), by inserting ‘(including using evidence-based indicators to assess the risk of domestic and dating violence homicide)’ after ‘risk reduction’;CommentsClose CommentsPermalink
(B) in paragraph (4), by striking ‘victim service organizations’ and inserting ‘victim service providers’; andCommentsClose CommentsPermalink
(C) in paragraph (5), by striking ‘victim services organizations’ and inserting ‘victim service providers’;CommentsClose CommentsPermalink
(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’; andCommentsClose CommentsPermalink
(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 2013 through 2017’.CommentsClose CommentsPermalink
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 (
‘Subtitle H--Enhanced Training and Services to End Abuse Later in LifeCommentsClose CommentsPermalink
‘SEC. 40801. ENHANCED TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.
‘(a) Definitions- In this section--CommentsClose CommentsPermalink
‘(1) the term ‘exploitation’ has the meaning given the term in section 2011 of the Social Security Act (
42 U.S.C. 1397j );CommentsClose CommentsPermalink‘(2) the term ‘later life’, relating to an individual, means the individual is 50 years of age or older; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(b) Grant Program-CommentsClose CommentsPermalink
‘(1) GRANTS AUTHORIZED- The Attorney General may make grants to eligible entities to carry out the activities described in paragraph (2).CommentsClose CommentsPermalink
‘(2) MANDATORY AND PERMISSIBLE ACTIVITIES-CommentsClose CommentsPermalink
‘(A) MANDATORY ACTIVITIES- An eligible entity receiving a grant under this section shall use the funds received under the grant to--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(ii) provide or enhance services for victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(B) PERMISSIBLE ACTIVITIES- An eligible entity receiving a grant under this section may use the funds received under the grant to--CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(3) ELIGIBLE ENTITIES- An entity shall be eligible to receive a grant under this section if--CommentsClose CommentsPermalink
‘(A) the entity is--CommentsClose CommentsPermalink
‘(i) a State;CommentsClose CommentsPermalink
‘(ii) a unit of local government;CommentsClose CommentsPermalink
‘(iii) a tribal government or tribal organization;CommentsClose CommentsPermalink
‘(iv) a population specific organization with demonstrated experience in assisting individuals over 50 years of age;CommentsClose CommentsPermalink
‘(v) a victim service provider with demonstrated experience in addressing domestic violence, dating violence, sexual assault, and stalking; orCommentsClose CommentsPermalink
‘(vi) a State, tribal, or territorial domestic violence or sexual assault coalition; andCommentsClose CommentsPermalink
‘(B) the entity demonstrates that it is part of a multidisciplinary partnership that includes, at a minimum--CommentsClose CommentsPermalink
‘(i) a law enforcement agency;CommentsClose CommentsPermalink
‘(ii) a prosecutor’s office;CommentsClose CommentsPermalink
‘(iii) a victim service provider; andCommentsClose CommentsPermalink
‘(iv) a nonprofit program or government agency with demonstrated experience in assisting individuals in later life;CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(5) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $9,000,000 for each of fiscal years 2013 through 2017.’.CommentsClose CommentsPermalink
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCECommentsClose CommentsPermalink
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCECommentsClose CommentsPermalink
SEC. 301. RAPE PREVENTION AND EDUCATION GRANT.
Section 393A of the Public Health Service Act (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by inserting ‘, territorial or tribal’ after ‘crisis centers, State’; andCommentsClose CommentsPermalink
(B) in paragraph (6), by inserting ‘and alcohol’ after ‘about drugs’; andCommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(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 2013 through 2017’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
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 (
‘SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND EDUCATION FOR CHILDREN AND YOUTH (‘CHOOSE CHILDREN AND YOUTH’).
‘(a) Grants Authorized- The Attorney General, working in collaboration with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to enhance the safety of youth and children who are victims of, or exposed to, domestic violence, dating violence, sexual assault, or stalking and prevent future violence.CommentsClose CommentsPermalink
‘(b) Program Purposes- Funds provided under this section may be used for the following program purpose areas:CommentsClose CommentsPermalink
‘(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, and stalking. Services may include victim services, counseling, advocacy, mentoring, educational support, transportation, legal assistance in civil, criminal and administrative matters, such as family law cases, housing cases, child welfare proceedings, campus administrative proceedings, and civil protection order proceedings, services to address the co-occurrence of sex trafficking, population-specific services, and other activities that support youth in finding safety, stability, and justice and in addressing the emotional, cognitive, and physical effects of trauma. Funds may be used to--CommentsClose CommentsPermalink
‘(A) assess and analyze currently available services for youth victims of domestic violence, dating violence, sexual assault, and stalking, determining relevant barriers to such services in a particular locality, and developing a community protocol to address such problems collaboratively;CommentsClose CommentsPermalink
‘(B) develop and implement policies, practices, and procedures to effectively respond to domestic violence, dating violence, sexual assault, or stalking against youth; orCommentsClose CommentsPermalink
‘(C) provide technical assistance and training to enhance the ability of school personnel, victim service providers, child protective service workers, staff of law enforcement agencies, prosecutors, court personnel, individuals who work in after school programs, medical personnel, social workers, mental health personnel, and workers in other programs that serve children and youth to improve their ability to appropriately respond to the needs of children and youth who are victims of domestic violence, dating violence, sexual assault, and stalking, and to properly refer such children, youth, and their families to appropriate services.CommentsClose CommentsPermalink
‘(2) SUPPORTING YOUTH THROUGH EDUCATION AND PROTECTION- To enable middle schools, high schools, and institutions of higher education to--CommentsClose CommentsPermalink
‘(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, or stalking;CommentsClose CommentsPermalink
‘(B) develop and implement prevention and intervention policies in middle and high schools, including appropriate responses to, and identification and referral procedures for, students who are experiencing or perpetrating domestic violence, dating violence, sexual assault, or stalking, and procedures for handling the requirements of court protective orders issued to or against students;CommentsClose CommentsPermalink
‘(C) provide support services for student victims of domestic violence, dating violence, sexual assault or stalking, such as a resource person who is either on-site or on-call;CommentsClose CommentsPermalink
‘(D) implement developmentally appropriate educational programming for students regarding domestic violence, dating violence, sexual assault, and stalking and the impact of such violence on youth; orCommentsClose CommentsPermalink
‘(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, or stalking.CommentsClose CommentsPermalink
‘(c) Eligible Applicants-CommentsClose CommentsPermalink
‘(1) IN GENERAL- To be eligible to receive a grant under this section, an entity shall be--CommentsClose CommentsPermalink
‘(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, or stalking;CommentsClose CommentsPermalink
‘(B) a victim service provider that is partnered with an entity that has a demonstrated history of effective work addressing the needs of youth; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink‘(2) PARTNERSHIPS-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink‘(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--CommentsClose CommentsPermalink
‘(i) a State, tribe, unit of local government, or territory;CommentsClose CommentsPermalink
‘(ii) a population specific or community-based organization;CommentsClose CommentsPermalink
‘(iii) batterer intervention programs or sex offender treatment programs with specialized knowledge and experience working with youth offenders; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(d) Grantee Requirements- Applicants for grants under this section shall establish and implement policies, practices, and procedures that--CommentsClose CommentsPermalink
‘(1) require and include appropriate referral systems for child and youth victims;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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 and stalking.CommentsClose CommentsPermalink
‘(e) Definitions and Grant Conditions- In this section, the definitions and grant conditions provided for in section 40002 shall apply.CommentsClose CommentsPermalink
‘(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2013 through 2017.CommentsClose CommentsPermalink
‘(g) Allotment-CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(h) Priority- The Attorney General shall prioritize grant applications under this section that coordinate with prevention programs in the community.’.CommentsClose CommentsPermalink
SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
Section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘stalking on campuses, and’ and inserting ‘stalking on campuses,’;CommentsClose CommentsPermalink
(ii) by striking ‘crimes against women on’ and inserting ‘crimes on’; andCommentsClose CommentsPermalink
(iii) by inserting ‘, and to develop and strengthen prevention education and awareness programs’ before the period; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘$500,000’ and inserting ‘$300,000’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (2)--CommentsClose CommentsPermalink
(i) by inserting ‘, strengthen,’ after ‘To develop’; andCommentsClose CommentsPermalink
(ii) by inserting ‘including the use of technology to commit these crimes,’ after ‘sexual assault and stalking,’;CommentsClose CommentsPermalink
(B) in paragraph (4)--CommentsClose CommentsPermalink
(i) by inserting ‘and population specific services’ after ‘strengthen victim services programs’;CommentsClose CommentsPermalink
(ii) by striking ‘entities carrying out’ and all that follows through ‘stalking victim services programs’ and inserting ‘victim service providers’; andCommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(3) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (B), by striking ‘any non-profit’ and all that follows through ‘victim services programs’ and inserting ‘victim service providers’;CommentsClose CommentsPermalink
(ii) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; andCommentsClose CommentsPermalink
(iii) by inserting after subparagraph (C), the following:CommentsClose CommentsPermalink
‘(D) describe how underserved populations in the campus community will be adequately served, including the provision of relevant population specific services;’; andCommentsClose CommentsPermalink
(B) in paragraph (3), by striking ‘2007 through 2011’ and inserting ‘2013 through 2017’;CommentsClose CommentsPermalink
(4) in subsection (d)--CommentsClose CommentsPermalink
(A) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink
(B) by inserting after paragraph (2), the following:CommentsClose CommentsPermalink
‘(3) GRANTEE MINIMUM REQUIREMENTS- Each grantee shall comply with the following minimum requirements during the grant period:CommentsClose CommentsPermalink
‘(A) The grantee shall create a coordinated community response including both organizations external to the institution and relevant divisions of the institution.CommentsClose CommentsPermalink
‘(B) The grantee shall establish a mandatory prevention and education program on domestic violence, dating violence, sexual assault, and stalking for all incoming students.CommentsClose CommentsPermalink
‘(C) The grantee shall train all campus law enforcement to respond effectively to domestic violence, dating violence, sexual assault, and stalking.CommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
(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 2013 through 2017.’.CommentsClose CommentsPermalink
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 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(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.’; andCommentsClose CommentsPermalink
(B) in subparagraph (F)--CommentsClose CommentsPermalink
(i) in clause (i)(VIII), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink
(ii) in clause (ii)--CommentsClose CommentsPermalink
(I) by striking ‘sexual orientation’ and inserting ‘ national origin, sexual orientation, gender identity,’; andCommentsClose CommentsPermalink
(II) by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
‘(iii) of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies.’;CommentsClose CommentsPermalink
(2) in paragraph (3), by inserting ‘, that withholds the names of victims as confidential,’ after ‘that is timely’;CommentsClose CommentsPermalink
(3) in paragraph (6)(A)--CommentsClose CommentsPermalink
(A) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively;CommentsClose CommentsPermalink
(B) by inserting before clause (ii), as redesignated by subparagraph (A), the following:CommentsClose CommentsPermalink
‘(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) ).’; andCommentsClose CommentsPermalink
(C) by inserting after clause (iv), as redesignated by subparagraph (A), the following:CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(4) in paragraph (7)--CommentsClose CommentsPermalink
(A) by striking ‘paragraph (1)(F)’ and inserting ‘clauses (i) and (ii) of paragraph (1)(F)’; andCommentsClose CommentsPermalink
(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 (
(5) by striking paragraph (8) and inserting the following:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) such institution’s programs to prevent domestic violence, dating violence, sexual assault, and stalking; andCommentsClose CommentsPermalink
‘(ii) the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported.CommentsClose CommentsPermalink
‘(B) The policy described in subparagraph (A) shall address the following areas:CommentsClose CommentsPermalink
‘(i) Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include--CommentsClose CommentsPermalink
‘(I) primary prevention and awareness programs for all incoming students and new employees, which shall include--CommentsClose CommentsPermalink
‘(aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking;CommentsClose CommentsPermalink
‘(bb) the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction;CommentsClose CommentsPermalink
‘(cc) the definition of consent, in reference to sexual activity, in the applicable jurisdiction;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(ee) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; andCommentsClose CommentsPermalink
‘(ff) the information described in clauses (ii) through (vii); andCommentsClose CommentsPermalink
‘(II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(II) to whom the alleged offense should be reported;CommentsClose CommentsPermalink
‘(III) options regarding law enforcement and campus authorities, including notification of the victim’s option to--CommentsClose CommentsPermalink
‘(aa) notify proper law enforcement authorities, including on-campus and local police;CommentsClose CommentsPermalink
‘(bb) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; andCommentsClose CommentsPermalink
‘(cc) decline to notify such authorities; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(I) such proceedings shall--CommentsClose CommentsPermalink
‘(aa) provide a prompt and equitable investigation and resolution; andCommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(III) both the accuser and the accused shall be simultaneously informed, in writing, of--CommentsClose CommentsPermalink
‘(aa) the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking;CommentsClose CommentsPermalink
‘(bb) the institution’s procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding;CommentsClose CommentsPermalink
‘(cc) of any change to the results that occurs prior to the time that such results become final; andCommentsClose CommentsPermalink
‘(dd) when such results become final.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(C) A student or employee who reports to an institution of higher education that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of the student or employee’s rights and options, as described in clauses (ii) through (vii) of subparagraph (B).’;CommentsClose CommentsPermalink
(6) in paragraph (9), by striking ‘The Secretary’ and inserting ‘The Secretary, in consultation with the Attorney General of the United States,’;CommentsClose CommentsPermalink
(7) by striking paragraph (16) and inserting the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
(8) by striking paragraph (17) and inserting the following:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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 (
TITLE IV--VIOLENCE REDUCTION PRACTICESCommentsClose CommentsPermalink
TITLE IV--VIOLENCE REDUCTION PRACTICESCommentsClose CommentsPermalink
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 (
SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION GRANTS.
(a) SMART Prevention- Section 41303 of the Violence Against Women Act of 1994 (
‘SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION (SMART PREVENTION).
‘(a) Grants Authorized- The Attorney General, in consultation with the Secretary of Health and Human Services and the Secretary of Education, is authorized to award grants for the purpose of preventing domestic violence, dating violence, sexual assault, and stalking by taking a comprehensive approach that focuses on youth, children exposed to violence, and men as leaders and influencers of social norms.CommentsClose CommentsPermalink
‘(b) Use of Funds- Funds provided under this section may be used for the following purposes:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(C) education and outreach to change environmental factors contributing to domestic violence, dating violence, sexual assault, and stalking; andCommentsClose CommentsPermalink
‘(D) policy development targeted to prevention, including school-based policies and protocols.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(c) Eligible Entities- To be eligible to receive a grant under this section, an entity shall be--CommentsClose CommentsPermalink
‘(1) a victim service provider, community-based organization, tribe or tribal organization, or other nonprofit, nongovernmental organization that has a history of effective work preventing domestic violence, dating violence, sexual assault, or stalking and expertise in the specific area for which they are applying for funds; orCommentsClose CommentsPermalink
‘(2) a partnership between a victim service provider, community-based organization, tribe or tribal organization, or other nonprofit, nongovernmental organization that has a history of effective work preventing domestic violence, dating violence, sexual assault, or stalking and at least one of the following that has expertise in serving children exposed to domestic violence, dating violence, sexual assault, or stalking, youth domestic violence, dating violence, sexual assault, or stalking prevention, or engaging men to prevent domestic violence, dating violence, sexual assault, or stalking:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink‘(B) A local community-based organization, population-specific organization, or faith-based organization that has established expertise in providing services to youth.CommentsClose CommentsPermalink
‘(C) A community-based organization, population-specific organization, university or health care clinic, faith-based organization, or other nonprofit, nongovernmental organization with a demonstrated history of effective work addressing the needs of children exposed to domestic violence, dating violence, sexual assault, or stalking.CommentsClose CommentsPermalink
‘(D) A nonprofit, nongovernmental entity providing services for runaway or homeless youth affected by domestic violence, dating violence, sexual assault, or stalking.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink‘(d) Grantee Requirements-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) POLICIES AND PROCEDURES- Applicants under this section shall establish and implement policies, practices, and procedures that--CommentsClose CommentsPermalink
‘(A) include appropriate referral systems to direct any victim identified during program activities to highly qualified follow-up care;CommentsClose CommentsPermalink
‘(B) protect the confidentiality and privacy of adult and youth victim information, particularly in the context of parental or third-party involvement and consent, mandatory reporting duties, and working with other service providers;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(D) document how prevention programs are coordinated with service programs in the community.CommentsClose CommentsPermalink
‘(3) PREFERENCE- In selecting grant recipients under this section, the Attorney General shall give preference to applicants that--CommentsClose CommentsPermalink
‘(A) include outcome-based evaluation; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(e) Definitions and Grant Conditions- In this section, the definitions and grant conditions provided for in section 40002 shall apply.CommentsClose CommentsPermalink
‘(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2013 through 2017. Amounts appropriated under this section may only be used for programs and activities described under this section.CommentsClose CommentsPermalink
‘(g) Allotment-CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Repeals- The following provisions are repealed:CommentsClose CommentsPermalink
(1) Sections 41304 and 41305 of the Violence Against Women Act of 1994 (
42 U.S.C. 14043d-3 and 14043d-4).CommentsClose CommentsPermalink(2) Section 403 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (
42 U.S.C. 14045c ).CommentsClose CommentsPermalink
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKINGCommentsClose CommentsPermalink
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKINGCommentsClose CommentsPermalink
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 (
‘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--CommentsClose CommentsPermalink
‘(1) the development or enhancement and implementation of interdisciplinary training for health professionals, public health staff, and allied health professionals;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(b) Use of Funds-CommentsClose CommentsPermalink
‘(1) REQUIRED USES- Amounts provided under a grant under this section shall be used to--CommentsClose CommentsPermalink
‘(A) fund interdisciplinary training and education programs under paragraphs (1) and (2) of subsection (a) that--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(ii) plan and develop culturally competent clinical training components for integration into approved internship, residency, and fellowship training or continuing medical or other health education training that address physical, mental, and behavioral health issues, including protective factors, related to domestic violence, dating violence, sexual assault, stalking, and other forms of violence and abuse, focus on reducing health disparities and preventing violence and abuse, and include the primacy of victim safety and confidentiality;CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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 ); andCommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink
‘(2) PERMISSIBLE USES-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(B) RURAL AREAS- Grants funded under paragraphs (1) and (2) of subsection (a) may be used to offer to rural areas community-based training opportunities, which may include the use of distance learning networks and other available technologies needed to reach isolated rural areas, for medical, nursing, and other health profession students and residents on domestic violence, dating violence, sexual assault, stalking, and, as appropriate, other forms of violence and abuse.CommentsClose CommentsPermalink
‘(C) OTHER USES- Grants funded under subsection (a)(3) may be used for--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(ii) the development, expansion, and implementation of sexual assault forensic medical examination or sexual assault nurse examiner programs;CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(c) Requirements for Grantees-CommentsClose CommentsPermalink
‘(1) CONFIDENTIALITY AND SAFETY-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) APPLICATION-CommentsClose CommentsPermalink
‘(A) PREFERENCE- In selecting grant recipients under this section, the Secretary shall give preference to applicants based on the strength of their evaluation strategies, with priority given to outcome based evaluations.CommentsClose CommentsPermalink
‘(B) SUBSECTION (a) (1) AND (2) GRANTEES- Applications for grants under paragraphs (1) and (2) of subsection (a) shall include--CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(I) an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or other health field;CommentsClose CommentsPermalink
‘(II) a health care facility or system; orCommentsClose CommentsPermalink
‘(III) a government or nonprofit entity with a history of effective work in the fields of domestic violence, dating violence, sexual assault, or stalking; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(d) Eligible Entities-CommentsClose CommentsPermalink
‘(1) IN GENERAL- To be eligible to receive funding under paragraph (1) or (2) of subsection (a), an entity shall be--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(B) an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or allied health;CommentsClose CommentsPermalink
‘(C) a health care provider membership or professional organization, or a health care system; orCommentsClose CommentsPermalink
‘(D) a State, tribal, territorial, or local entity.CommentsClose CommentsPermalink
‘(2) SUBSECTION (a)(3) GRANTEES- To be eligible to receive funding under subsection (a)(3), an entity shall be--CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(e) Technical Assistance-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) REPORTING- The Secretary shall publish a biennial report on--CommentsClose CommentsPermalink
‘(A) the distribution of funds under this section; andCommentsClose CommentsPermalink
‘(B) the programs and activities supported by such funds.CommentsClose CommentsPermalink
‘(f) Research and Evaluation-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Of the funds made available to carry out this section for any fiscal year, the Secretary may use not more than 20 percent to make a grant or enter into a contract for research and evaluation of--CommentsClose CommentsPermalink
‘(A) grants awarded under this section; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) RESEARCH- Research authorized in paragraph (1) may include--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(B) research to determine effective health care interventions to respond to and prevent domestic violence, dating violence, sexual assault, and stalking;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(g) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2013 through 2017.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Repeals- The following provisions are repealed:CommentsClose CommentsPermalink
(1) Section 40297 of the Violence Against Women Act of 1994 (
42 U.S.C. 13973 ).CommentsClose CommentsPermalink(2) Section 758 of the Public Health Service Act (
42 U.S.C. 294h ).CommentsClose CommentsPermalink
TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKINGCommentsClose CommentsPermalink
TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKINGCommentsClose CommentsPermalink
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 (
(1) by inserting after the subtitle heading the following:CommentsClose CommentsPermalink
‘CHAPTER 1--GRANT PROGRAMS’;
(2) in section 41402 (
(3) in section 41403 (
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘CHAPTER 2--HOUSING RIGHTS
‘SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
‘(a) Definitions- In this chapter:CommentsClose CommentsPermalink
‘(1) AFFILIATED INDIVIDUAL- The term ‘affiliated individual’ means, with respect to an individual--CommentsClose CommentsPermalink
‘(A) a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis; orCommentsClose CommentsPermalink
‘(B) any individual, tenant, or lawful occupant living in the household of that individual.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink‘(3) COVERED HOUSING PROGRAM- The term ‘covered housing program’ means--CommentsClose CommentsPermalink
‘(A) the program under section 202 of the Housing Act of 1959 (
12 U.S.C. 1701q );CommentsClose CommentsPermalink‘(B) the program under section 811 of the Cranston-Gonzalez National Affordable Housing Act (
42 U.S.C. 8013 );CommentsClose CommentsPermalink‘(C) the program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (
42 U.S.C. 12901 et seq.);CommentsClose CommentsPermalink‘(D) the program under subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (
42 U.S.C. 11360 et seq.);CommentsClose CommentsPermalink‘(E) the program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (
42 U.S.C. 12741 et seq.);CommentsClose CommentsPermalink‘(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);CommentsClose CommentsPermalink‘(G) the program under section 236 of the National Housing Act (
12 U.S.C. 1715z-1 );CommentsClose CommentsPermalink‘(H) the programs under sections 6 and 8 of the United States Housing Act of 1937 (
42 U.S.C. 1437d and 1437f);CommentsClose CommentsPermalink‘(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); andCommentsClose CommentsPermalink‘(J) the low-income housing tax credit program under section 42 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
‘(b) Prohibited Basis for Denial or Termination of Assistance or Eviction-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) CONSTRUCTION OF LEASE TERMS- An incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking shall not be construed as--CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) TERMINATION ON THE BASIS OF CRIMINAL ACTIVITY-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(B) BIFURCATION-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(ii) EFFECT OF EVICTION ON OTHER TENANTS- If public housing agency or owner or manager of housing assisted under a covered housing program evicts, removes, or terminates assistance to an individual under clause (i), and the individual is the sole tenant eligible to receive assistance under a covered housing program, the public housing agency or owner or manager of housing assisted under the covered housing program shall provide any remaining tenant an opportunity to establish eligibility for the covered housing program. If a tenant described in the preceding sentence cannot establish eligibility, the public housing agency or owner or manager of the housing shall provide the tenant a reasonable time, as determined by the appropriate agency, to find new housing or to establish eligibility for housing under another covered housing program.CommentsClose CommentsPermalink
‘(C) RULES OF CONSTRUCTION- Nothing in subparagraph (A) shall be construed--CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(II) the distribution or possession of property among members of a household in a case;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(c) Documentation-CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(2) FAILURE TO PROVIDE CERTIFICATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- If an applicant or tenant does not provide the documentation requested under paragraph (1) within 14 business days after the tenant receives a request in writing for such certification from a public housing agency or owner or manager of housing assisted under a covered housing program, nothing in this chapter may be construed to limit the authority of the public housing agency or owner or manager to--CommentsClose CommentsPermalink
‘(i) deny admission by the applicant or tenant to the covered program;CommentsClose CommentsPermalink
‘(ii) deny assistance under the covered program to the applicant or tenant;CommentsClose CommentsPermalink
‘(iii) terminate the participation of the applicant or tenant in the covered program; orCommentsClose CommentsPermalink
‘(iv) evict the applicant, the tenant, or a lawful occupant that commits violations of a lease.CommentsClose CommentsPermalink