By Bridget Birchett- November 23, 2016
113TH CONGRESS 1ST SESSION H. R. 11 To reauthorize the Violence Against Women Act of 1994.
IN THE HOUSE OF REPRESENTATIVES JANUARY 22, 2013
Violence Against Women Reauthorization Act of 2013 – Amends the Violence Against Women Act of 1994 (VAWA) to add or expand definitions of several terms used in such Act.
Modifies or expands grant conditions under such Act, including requirements relating to: (1) nondisclosure of personally identifying information or other client information, (2) information sharing between grantees and subgrantees, (3) civil rights and nondiscrimination, (4) audits, and (5) nonprofit organizations.
Requires the Office on Violence Against Women of the Department of Justice (DOJ) to establish a biennial conferral process with state and tribal coalitions, technical assistance providers, and other key stakeholders on the administration of grants and related matters.
Requires the Attorney General to authorize in writing expenditures for DOJ conferences that exceed $20,000.
Title I: Enhancing Judicial and Law Enforcement Tools to Combat Violence Against Women – Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize appropriations for FY2014-FY2018 for grants to: (1) combat violent crime against women (STOP grants); and (2) encourage governmental entities to implement policies, training programs, and best practices for recognizing, investigating, and prosecuting instances of domestic violence and violent sex crimes.
Amends the Violence Against Women Act of 2000 to expand the availability of competent pro bono legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking and to authorize appropriations for such assistance for FY2014-FY2018.
Revises the grant programs for supporting families with a history of domestic violence, dating violence, sexual assault, or stalking to authorize the Attorney General to make grants to improve the response of the civil and criminal justice system to such families and to train court personnel in assisting such families.
Extends through FY2018 the authorization of appropriations for: (1) the training of probation and parole officers to manage sex offenders, and (2) the Court-Appointed Special Advocate program.
Amends the federal criminal code with respect to the crime of stalking to prohibit the use of any interactive computer or electronic communication service to stalk victims.
Revises and reauthorizes through FY2018 the grant program for outreach strategies targeted at adult or youth victims of domestic violence, dating violence, sexual assault, or stalking in underserved populations.
Title II: Improving Services for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking – Amends VAWA to extend through FY2018 grant programs to: (1) assist states, Indian tribes, and U.S. territories to establish, maintain, and expand rape crisis centers and other programs to assist victims of sexual assault; and (2) assist victims of domestic violence and other sexual assault crimes in rural areas.
Amends the Victims of Trafficking and Violence Protection Act of 2000 to extend through FY2018 the authorization of appropriations for grants to end violence against women with disabilities.
Amends VAWA to authorize appropriations through FY2018 for the grant program to end elder abuse, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect, and to provide training for law enforcement agencies to better serve victims of abuse in later life. Directs the Attorney General in awarding grants to end elder abuse to give priority to proposals for serving culturally specific and underserved populations.
Title III: Services, Protection, and Justice for Young Victims of Violence – Amends the Public Health Service Act to: (1) include tribal or territorial sexual assault coalitions in the grant program for rape prevention and education, and (2) extend through FY2018 the authorization of appropriations for grants for rape prevention and education programs conducted by rape crisis centers. Establishes a minimum allocation of grant funding for states, the District of Columbia, Puerto Rico, and each U.S. territory.
Amends VAWA to replace certain grant programs for the protection of young victims of violent crimes with a program requiring the Attorney General, in collaboration with the Secretary of Health and Human Services (HHS) and the Secretary of Education, to award grants to enhance the safety of youth and children who are victims of, or exposed to, domestic violence, dating violence, sexual assault, or stalking and to prevent future violence.
Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to revise, expand, and reauthorize through FY2018 the grant program for combating violent crimes on college campuses.
Amends the Higher Education Act of 1965 to expand requirements for the disclosure of campus security policies and crime statistics by institutions of higher education to require education programs to: (1) promote the awareness of rape and other violent sex crimes, (2) require disclosure of disciplinary proceedings involving rape and other violent sex crimes and the standard of evidence that will govern such proceedings, and (3) establish procedures for the protection of the confidentiality of crime victims.
Title IV: Violence Reduction Practices – Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to authorize appropriations for FY2014-FY2018 for grants from the Centers for Disease Control and Prevention (CDC) to academic institutions and organizations to conduct research that examines best practices for reducing and preventing violence against women and children.
Amends VAWA to authorize the Attorney General, in consultation with the HHS Secretary and the Secretary of Education, to award grants to prevent 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 (SMART Prevention grants).
Title V: Strengthening the Healthcare System’s Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking – Amends the Public Health Service Act to reauthorize, revise, and consolidate grant programs that address domestic violence, dating violence, sexual assault, and stalking.
Permits grant funds to be used for the development, expansion, and implementation of sexual assault forensic medical examination or sexual assault nurse examiner programs.
Revises requirements for training and education grants.
Title VI: Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking – Amends VAWA with respect to housing protections for victims of domestic violence, dating violence, sexual assault, and stalking.
Revises eligibility requirements for transitional housing assistance grants for child victims of domestic violence, dating violence, sexual assault, or stalking to specify that any victims are eligible and extends the authorization of appropriations for such grants, but at decreased levels, for FY2014-FY2018.
Extends the authorization of appropriations, but also at decreased levels, for FY2014-FY2018 for: (1) collaborative grants to increase the long-term stability of victims, and (2) grants to combat violence against women in public and assisted housing.
Title VII: Economic Security for Victims of Violence – Amends VAWA to extend through FY2018 the authorization of appropriations for the grant program to establish and operate a national resource center on workplace responses to assist victims of domestic and sexual violence.
Title VIII: Protection of Battered Immigrants – Amends the Immigration and Nationality Act to: (1) expand the definition of nonimmigrant U-visa (victims of certain crimes) to include victims of stalking; (2) make a child of an alien who was a self-petitioner under VAWA eligible for lawful permanent resident status under such alien’s petition; (3) exclude from the public charge bar to admission an alien who is a VAWA self-petitioner, a U-visa applicant, or a battered spouse or child; (4) extend the conditions under which the hardship waiver of the two-year waiting period for permanent resident status may be granted to a battered alien spouse; and (5) expand the scope of criminal-related information that must be disclosed by a U.S. citizen petitioning for a nonimmigrant K-visa (alien fiancee or fiance);
Amends the International Marriage Broker Regulation Act of 2005 to require DHS to: (1) conduct a background check of the National Crime Information Center’s Protection Order Database on each K-visa petitioner, and (2) include any appropriate information in the criminal background information provided to the alien fiance/fiancee.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to authorize the DHS Secretary (in addition to the Attorney General) to disclose information relating to aliens who are victims of domestic violence to law enforcement officials for law enforcement purposes in a manner that protects the confidentiality of such information. Authorizes the Attorney General and the Secretaries of Homeland Security and State to disclose such information to national security officials to be used solely for a national security purpose. Requires the Attorney General and the Secretaries of Homeland Security and State to provide guidance to officers and employees of their respective departments regarding such disclosures of information.
Title IX: Safety for Indian Women – Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) include sex trafficking as a target of the grants to Indian tribal governments to combat violent crime against Indian women, and (2) expand the purposes for which the Attorney General may award domestic violence and sexual assault prevention grants to Indian tribal coalitions.
Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to include the Secretary of the Interior, in addition to the HHS Secretary and the Attorney General, as a participant in consultations with Indian tribes regarding the administration of tribal funds and programs, enhancement of Indian women’s safety, and federal response to violent crimes against Indian women.
Gives Indian tribes criminal jurisdiction over domestic violence, dating violence, and violations of protective orders that occur on their lands. Makes that jurisdiction concurrent with federal and state jurisdiction. Requires Indian tribes prosecuting crimes of violence to: (1) prove that the defendant has requisite ties to the Indian tribe; (2) provide defendants the right to an impartial jury trial; and (3) notify a defendant of his or her rights, including the right to file a writ of habeas corpus in federal court.
Amends the federal criminal code to: (1) increase maximum penalties for assault convictions; and (2) impose criminal penalties on individuals who commit an assault resulting in substantial bodily injury to a spouse, intimate partner, or dating partner and who assault such spouse or partner by strangling or suffocating.
Reauthorizes appropriations for the national tribal sex offender registry and the tribal protection order registry for FY2014-FY2018.
Title X: Safer Act – Sexual Assault Forensic Evidence Reporting Act of 2013 or the SAFER Act of 2013 – Amends the DNA Analysis Backlog Elimination Act of 2000 to authorize the Attorney General to make Debbie Smith grants under such Act to states or local governments to: (1) conduct audits of samples of sexual assault evidence that are awaiting testing, provided such governments submit an audit plan that includes a good-faith estimate of the number of such samples; and (2) ensure that the collection and processing of DNA evidence by law enforcement agencies from crimes is carried out in an appropriate and timely manner and in accordance with specified protocols and practices. Requires not less than 5% but not more than 7% of Debbie Smith grant funds distributed in FY2014-FY2017 to be awarded for such purposes if sufficient applications to justify such amounts are received by the Attorney General, provided such awards do not decrease funds for other distribution requirements.
Requires the Director of the Federal Bureau of Investigation (FBI) to: (1) develop and publish a description of protocols and practices for the accurate, timely, and effective collection and processing of DNA evidence, which shall address appropriate steps in the investigation of cases that might involve DNA evidence; and (2) make available technical assistance and training to support states and local governments in adopting and implementing such protocols and practices.
Requires the Attorney General to submit to Congress an annual report on: (1) grants awarded to states and local governments, (2) the number of deadline extensions granted by the Attorney General, and (3) the processing status of the samples of sexual assault evidence identified in Sexual Assault Forensic Evidence Reports.
Requires, for each fiscal year through FY2018, that not less than 75% of Debbie Smith grant amounts be awarded to carry out for inclusion in the Combined DNA Index System DNA analyses of samples collected under applicable legal authority and of samples collected from crime scenes and to increase the capacity of state or local government laboratories to carry out DNA analyses.
Requires the DOJ Inspector General to conduct audits of grant recipients to prevent waste, fraud, and abuse.
Sunsets specified provisions of this Act regarding Debbie Smith grants for auditing sexual assault evidence backlogs on December 31, 2018.
Title XI: Other Matters – Amends the Civil Rights of Institutionalized Persons Act to allow a prisoner in federal custody to bring a suit against the United States for a mental or emotional injury if such injury resulted from the commission of a sexual act (currently, requires a prior showing of a physical injury). Amends the Prison Rape Elimination Act of 2003 to direct the DHS Secretary to publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rapes and sexual assaults in detention facilities against aliens detained for a violation of U.S. immigration law. Requires the HHS Secretary to publish a similar final rule for the protection of unaccompanied alien children in custodial facilities.
Amends the Communications Act of 1934, with respect to obscene or harassing telephone calls, to: (1) remove the intent to annoy requirement in the definition of such crime; and (2) include any specific person as an intended victim of such crime (currently, any person at the called number or who receives the communication).
Amends VAWA to extend through FY2018 the grant programs for: (1) improving and implementing processes for entering data on stalking and domestic violence into crime information databases, and (2) appointing victim/witness counselors for the prosecution of sex crimes and domestic violence crimes.
Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for FY2014-FY2018 for child abuse and neglect technical assistance and training programs for judicial personnel and attorneys practicing in juvenile and family courts.