SECTION 1. Short Title.
This Act may be cited as the “Violence Against Women Reauthorization Act of 2013”.
Violence Against Women Reauthorization Act of 2013
An Act
To reauthorize the Violence Against Women Act of 1994.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SEC. 2. Table of Contents.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Universal definitions and grant conditions.
Sec. 4. Effective date.
TITLE I— ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN
Sec. 101. Stop grants.
Sec. 102. Grants to encourage arrest policies and enforcement of protection orders.
Sec. 103. Legal assistance for victims.
Sec. 104. Consolidation of grants to support families in the justice system.
Sec. 105. Sex offender management.
Sec. 106. Court-appointed special advocate program.
Sec. 107. Criminal provision relating to stalking, including cyberstalking.
Sec. 108. Outreach and services to underserved populations grant.
Sec. 109. Culturally specific services grant.
TITLE II— IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 201. Sexual assault services program.
Sec. 202. Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance.
Sec. 203. Training and services to end violence against women with disabilities grants.
Sec. 204. Enhanced training and services to end abuse in later life.
TITLE III— SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE
Sec. 301. Rape prevention and education grant.
Sec. 302. Creating hope through outreach, options, services, and education for children and youth.
Sec. 303. Grants to combat violent crimes on campuses.
Sec. 304. Campus sexual violence, domestic violence, dating violence, and stalking education and prevention.
TITLE IV— VIOLENCE REDUCTION PRACTICES
Sec. 401. Study conducted by the centers for disease control and prevention.
Sec. 402. Saving money and reducing tragedies through prevention grants.
TITLE V— STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 501. Consolidation of grants to strengthen the healthcare system’s response to domestic violence, dating violence, sexual assault, and stalking.
TITLE VI— SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 601. Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking.
Sec. 602. Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, and stalking.
Sec. 603. Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking.
TITLE VII— ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
Sec. 701. National Resource Center on Workplace Responses to assist victims of domestic and sexual violence.
TITLE VIII— PROTECTION OF BATTERED IMMIGRANTS
Sec. 801. U nonimmigrant definition.
Sec. 802. Annual report on immigration applications made by victims of abuse.
Sec. 803. Protection for children of VAWA self-petitioners.
Sec. 804. Public charge.
Sec. 805. Requirements applicable to U visas.
Sec. 806. Hardship waivers.
Sec. 807. Protections for a fiancée or fiancé of a citizen.
Sec. 808. Regulation of international marriage brokers.
Sec. 809. Eligibility of crime and trafficking victims in the Commonwealth of the Northern Mariana Islands to adjust status.
Sec. 810. Disclosure of information for national security purposes.
TITLE IX— SAFETY FOR INDIAN WOMEN
Sec. 901. Grants to Indian tribal governments.
Sec. 902. Grants to Indian tribal coalitions.
Sec. 903. Consultation.
Sec. 904. Tribal jurisdiction over crimes of domestic violence.
Sec. 905. Tribal protection orders.
Sec. 906. Amendments to the Federal assault statute.
Sec. 907. Analysis and research on violence against Indian women.
Sec. 908. Effective dates; pilot project.
Sec. 909. Indian law and order commission; Report on the Alaska Rural Justice and Law Enforcement Commission.
Sec. 910. Special rule for the State of Alaska.
TITLE X— SAFER ACT
Sec. 1001. Short title.
Sec. 1002. Debbie Smith grants for auditing sexual assault evidence backlogs.
Sec. 1003. Reports to Congress.
Sec. 1004. Reducing the rape kit backlog.
Sec. 1005. Oversight and accountability.
Sec. 1006. Sunset.
TITLE XI— OTHER MATTERS
Sec. 1101. Sexual abuse in custodial settings.
Sec. 1102. Anonymous online harassment.
Sec. 1103. Stalker database.
Sec. 1104. Federal victim assistants reauthorization.
Sec. 1105. Child abuse training programs for judicial personnel and practitioners reauthorization.
TITLE XII— TRAFFICKING VICTIMS PROTECTION
Subtitle A— Combating International Trafficking in Persons
Sec. 1201. Regional strategies for combating trafficking in persons.
Sec. 1202. Partnerships against significant trafficking in persons.
Sec. 1203. Protection and assistance for victims of trafficking.
Sec. 1204. Minimum standards for the elimination of trafficking.
Sec. 1205. Best practices in trafficking in persons eradication.
Sec. 1206. Protections for domestic workers and other nonimmigrants.
Sec. 1207. Prevention of child marriage.
Sec. 1208. Child soldiers.
Subtitle B— Combating Trafficking in Persons in the United States
PART I— Penalties Against Traffickers and Other Crimes
Sec. 1211. Criminal trafficking offenses.
Sec. 1212. Civil remedies; clarifying definition.
PART II— Ensuring Availability of Possible Witnesses and Informants
Sec. 1221. Protections for trafficking victims who cooperate with law enforcement.
Sec. 1222. Protection against fraud in foreign labor contracting.
PART III— Ensuring Interagency Coordination and Expanded Reporting
Sec. 1231. Reporting requirements for the Attorney General.
Sec. 1232. Reporting requirements for the Secretary of Labor.
Sec. 1233. Information sharing to combat child labor and slave labor.
Sec. 1234. Government training efforts to include the Department of Labor.
Sec. 1235. GAO report on the use of foreign labor contractors.
Sec. 1236. Accountability.
PART IV— Enhancing State and Local Efforts to Combat Trafficking in Persons
Sec. 1241. Assistance for domestic minor sex trafficking victims.
Sec. 1242. Expanding local law enforcement grants for investigations and prosecutions of trafficking.
Sec. 1243. Model State criminal law protection for child trafficking victims and survivors.
Subtitle C— Authorization of Appropriations
Sec. 1251. Adjustment of authorization levels for the Trafficking Victims Protection Act of 2000.
Sec. 1252. Adjustment of authorization levels for the Trafficking Victims Protection Reauthorization Act of 2005.
Subtitle D— Unaccompanied Alien Children
Sec. 1261. Appropriate custodial settings for unaccompanied minors who reach the age of majority while in Federal custody.
Sec. 1262. Appointment of child advocates for unaccompanied minors.
Sec. 1263. Access to Federal foster care and unaccompanied refugee minor protections for certain U Visa recipients.
Sec. 1264. GAO study of the effectiveness of border screenings.
SEC. 3. Universal Definitions and Grant Conditions.
Definitions.— Subsection (a) of section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)) is amended—
by striking paragraphs (5), (17), (18), (23), (29), (33), (36), and (37);
by redesignating—
paragraphs (34) and (35) as paragraphs (41) and (42), respectively;
paragraphs (30), (31), and (32) as paragraphs (36), (37), and (38), respectively;
paragraphs (24) through (28) as paragraphs (30) through (34), respectively;
paragraphs (21) and (22) as paragraphs (26) and (27), respectively;
paragraphs (19) and (20) as paragraphs (23) and (24), respectively;
paragraphs (10) through (16) as paragraphs (13) through (19), respectively;
paragraphs (6), (7), (8), and (9) as paragraphs (8), (9), (10), and (11), respectively; and
paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively;
by inserting before paragraph (2), as redesignated, the following:
“(1) Alaska native village.—The term ‘Alaska Native village’ has the same meaning given such term in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).”
in paragraph (3), as redesignated, by striking “ serious harm.” and inserting “ serious harm to an unemancipated minor.”;
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—”;
by inserting after paragraph (5), as redesignated, the following:
“(6) Culturally specific.—The term ‘culturally specific’ means primarily directed toward racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act (42 U.S.C. 300u–6(g)).
“(7) Culturally specific services.—The term ‘culturally specific services’ means community-based services that include culturally relevant and linguistically specific services and resources to culturally specific communities.”
in paragraph (8), as redesignated, by inserting “ or intimate partner” after “ former spouse” and “ as a spouse”;
by inserting after paragraph (11), as redesignated, the following:
“(12) Homeless.—The term ‘homeless’ has the meaning provided in section 41403(6).”
in paragraph (18), as redesignated, by inserting “ or Village Public Safety Officers” after “ governmental victim services programs”;
in paragraph (19), as redesignated, by inserting at the end the following: “Intake or referral, by itself, does not constitute legal assistance.”;
by inserting after paragraph (19), as redesignated, the following:
“(20) Personally identifying information or personal information.—The term ‘personally identifying information’ or ‘personal information’ means individually identifying information for or about an individual including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected, including—
“(A) a first and last name;
“(B) a home or other physical address;
“(C) contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number);
“(D) a social security number, driver license number, passport number, or student identification number; and
“(E) any other information, including date of birth, racial or ethnic background, or religious affiliation, that would serve to identify any individual.
“(21) Population specific organization.—The term ‘population specific organization’ means a nonprofit, nongovernmental organization that primarily serves members of a specific underserved population and has demonstrated experience and expertise providing targeted services to members of that specific underserved population.
“(22) Population specific services.—The term ‘population specific services’ means victim-centered services that address the safety, health, economic, legal, housing, workplace, immigration, confidentiality, or other needs of victims of domestic violence, dating violence, sexual assault, or stalking, and that are designed primarily for and are targeted to a specific underserved population.”
in paragraph (23), as redesignated, by striking “ services” and inserting “ assistance”;
by inserting after paragraph (24), as redesignated, the following:
“(25) Rape crisis center.—The term ‘rape crisis center’ means a nonprofit, nongovernmental, or tribal organization, or governmental entity in a State other than a Territory that provides intervention and related assistance, as specified in section 41601(b)(2)(C), to victims of sexual assault without regard to their age. In the case of a governmental entity, the entity may not be part of the criminal justice system (such as a law enforcement agency) and must be able to offer a comparable level of confidentiality as a nonprofit entity that provides similar victim services.”
in paragraph (26), as redesignated—
in subparagraph (A), by striking “ or” after the semicolon;
in subparagraph (B), by striking the period and inserting “ ; or”; and
by inserting at the end the following:
“(C) any federally recognized Indian tribe.”
in paragraph (27), as redesignated—
by striking “ 52” and inserting “ 57”; and
by striking “ 150,000” and inserting “ 250,000”;
by inserting after paragraph (27), as redesignated, the following:
“(28) Sex trafficking.—The term ‘sex trafficking’ means any conduct proscribed by section 1591 of title 18, United States Code, whether or not the conduct occurs in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States.
“(29) Sexual assault.—The term ‘sexual assault’ means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.”
by inserting after paragraph (34), as redesignated, the following:
“(35) Tribal coalition.—The term ‘tribal coalition’ means an established nonprofit, nongovernmental Indian organization, Alaska Native organization, or a Native Hawaiian organization that—
“(A) provides education, support, and technical assistance to member Indian service providers in a manner that enables those member providers to establish and maintain culturally appropriate services, including shelter and rape crisis services, designed to assist Indian women and the dependents of those women who are victims of domestic violence, dating violence, sexual assault, and stalking; and
“(B) is comprised of board and general members that are representative of—
“(i) the member service providers described in subparagraph (A); and
“(ii) the tribal communities in which the services are being provided.”
by inserting after paragraph (38), as redesignated, the following:
“(39) Underserved populations.—The term ‘underserved populations’ means populations who face barriers in accessing and using victim services, and includes populations underserved because of geographic location, religion, sexual orientation, gender identity, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General or by the Secretary of Health and Human Services, as appropriate.
“(40) Unit of local government.—The term ‘unit of local government’ means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State.”
; and
by inserting after paragraph (42), as redesignated, the following:
“(43) Victim service provider.—The term ‘victim service provider’ means a nonprofit, nongovernmental or tribal organization or rape crisis center, including a State or tribal coalition, that assists or advocates for domestic violence, dating violence, sexual assault, or stalking victims, including domestic violence shelters, faith-based organizations, and other organizations, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.
“(44) Victim services or services.—The terms ‘victim services’ and ‘services’ mean services provided to victims of domestic violence, dating violence, sexual assault, or stalking, including telephonic or web-based hotlines, legal advocacy, economic advocacy, emergency and transitional shelter, accompaniment and advocacy through medical, civil or criminal justice, immigration, and social support systems, crisis intervention, short-term individual and group support services, information and referrals, culturally specific services, population specific services, and other related supportive services.
“(45) Youth.—The term ‘youth’ means a person who is 11 to 24 years old.”
Grants Conditions.— Subsection (b) of section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)) is amended—
in paragraph (2)—
in subparagraph (B), by striking clauses (i) and (ii) and inserting the following:
“(i) disclose, reveal, or release any personally identifying information or individual information collected in connection with services requested, utilized, or denied through grantees’ and subgrantees’ programs, regardless of whether the information has been encoded, encrypted, hashed, or otherwise protected; or
“(ii) disclose, reveal, or release individual client information without the informed, written, reasonably time-limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian or in the case of legal incapacity, a court-appointed guardian) about whom information is sought, whether for this program or any other Federal, State, tribal, or territorial grant program, except that consent for release may not be given by the abuser of the minor, incapacitated person, or the abuser of the other parent of the minor.
by amending subparagraph (D), to read as follows:
“(D) Information sharing.—
“(i) Grantees and subgrantees may share—
“(I) nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply with Federal, State, tribal, or territorial reporting, evaluation, or data collection requirements;
“(II) court-generated information and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes; and
“(III) law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes.
“(ii) In no circumstances may—
“(I) an adult, youth, or child victim of domestic violence, dating violence, sexual assault, or stalking be required to provide a consent to release his or her personally identifying information as a condition of eligibility for the services provided by the grantee or subgrantee;
“(II) any personally identifying information be shared in order to comply with Federal, tribal, or State reporting, evaluation, or data collection requirements, whether for this program or any other Federal, tribal, or State grant program.”
by redesignating subparagraph (E) as subparagraph (F);
by inserting after subparagraph (D) the following:
“(E) Statutorily mandated reports of abuse or neglect.—Nothing in this section prohibits a grantee or subgrantee from reporting suspected abuse or neglect, as those terms are defined and specifically mandated by the State or tribe involved.”
; and
by inserting after subparagraph (F), as redesignated, the following:
“(G) Confidentiality assessment and assurances.—Grantees and subgrantees must document their compliance with the confidentiality and privacy provisions required under this section.”
by striking paragraph (3) and inserting the following:
“(3) Approved activities.—In carrying out the activities under this title, grantees and subgrantees may collaborate with or provide information to Federal, State, local, tribal, and territorial public officials and agencies to develop and implement policies and develop and promote State, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking.”
in paragraph (7), by inserting at the end the following: “Final reports of such evaluations shall be made available to the public via the agency’s website.”; and
by inserting after paragraph (11) the following:
“(12) Delivery of legal assistance.—Any grantee or subgrantee providing legal assistance with funds awarded under this title shall comply with the eligibility requirements in section 1201(d) of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg–6(d)).
“(13) Civil rights.—
“(A) Nondiscrimination.—No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity (as defined in paragraph 249(c)(4) of title 18, United States Code), sexual orientation, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the Violence Against Women Act of 1994 (title IV of Public Law 103–322; 108 Stat. 1902), the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2013, and any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance administered by the Office on Violence Against Women.
“(B) Exception.—If sex segregation or sex-specific programming is necessary to the essential operation of a program, nothing in this paragraph shall prevent any such program or activity from consideration of an individual’s sex. In such circumstances, grantees may meet the requirements of this paragraph by providing comparable services to individuals who cannot be provided with the sex-segregated or sex-specific programming.
“(C) Discrimination.—The authority of the Attorney General and the Office of Justice Programs to enforce this paragraph shall be the same as it is under section 3789d of title 42, United States Code.
“(D) Construction.—Nothing contained in this paragraph shall be construed, interpreted, or applied to supplant, displace, preempt, or otherwise diminish the responsibilities and liabilities under other State or Federal civil rights law, whether statutory or common.
“(14) Clarification of victim services and legal assistance.—Victim services and legal assistance under this title also include services and assistance to victims of domestic violence, dating violence, sexual assault, or stalking who are also victims of severe forms of trafficking in persons as defined by section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
“(15) Conferral.—
“(A) In general.—The Office on Violence Against Women shall establish a biennial conferral process with State and tribal coalitions and technical assistance providers who receive funding through grants administered by the Office on Violence Against Women and authorized by this Act, and other key stakeholders.
“(B) Areas covered.—The areas of conferral under this paragraph shall include—
“(i) the administration of grants;
“(ii) unmet needs;
“(iii) promising practices in the field; and
“(iv) emerging trends.
“(C) Initial conferral.—The first conferral shall be initiated not later than 6 months after the date of enactment of the Violence Against Women Reauthorization Act of 2013.
“(D) Report.—Not later than 90 days after the conclusion of each conferral period, the Office on Violence Against Women shall publish a comprehensive report that—
“(i) summarizes the issues presented during conferral and what, if any, policies it intends to implement to address those issues;
“(ii) is made available to the public on the Office on Violence Against Women’s website and submitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
“(16) Accountability.—All grants awarded by the Attorney General under this Act shall be subject to the following accountability provisions:
“(A) Audit requirement.—
“(i) In general.—Beginning in the first fiscal year beginning after the date of the enactment of this Act, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this Act to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.
“(ii) Definition.—In this paragraph, the term ‘unresolved audit finding’ means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued.
“(iii) Mandatory exclusion.—A recipient of grant funds under this Act that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this Act during the following 2 fiscal years.
“(iv) Priority.—In awarding grants under this Act, the Attorney General shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this Act.
“(v) Reimbursement.—If an entity is awarded grant funds under this Act during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney General shall—
“(I) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
“(II) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
“(B) Nonprofit organization requirements.—
“(i) Definition.—For purposes of this paragraph and the grant programs described in this Act, the term ‘nonprofit organization’ means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.
“(ii) Prohibition.—The Attorney General may not award a grant under any grant program described in this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986.
“(iii) Disclosure.—Each nonprofit organization that is awarded a grant under a grant program described in this Act and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subsection available for public inspection.
“(C) Conference expenditures.—
“(i) Limitation.—No amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference.
“(ii) Written approval.—Written approval under clause (i) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment.
“(iii) Report.—The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph.
“(D) Annual certification.—Beginning in the first fiscal year beginning after the date of the enactment of this Act, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification that—
“(i) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director;
“(ii) all mandatory exclusions required under subparagraph (A)(iii) have been issued;
“(iii) all reimbursements required under subparagraph (A)(v) have been made; and
“(iv) includes a list of any grant recipients excluded under subparagraph (A) from the previous year.”
SEC. 4. Effective Date.
Except as otherwise specifically provided in this Act, the provisions of titles I, II, III, IV, VII, and sections 3, 602, 901, and 902 of this Act shall not take effect until the beginning of the fiscal year following the date of enactment of this Act.