Title I — Enhancing Judicial and Law Enforcement Tools to Combat Violence Against Women

113th Congress · Approved Mar 7, 2013 · 127 Stat. 54

TITLE I Enhancing Judicial and Law Enforcement Tools to Combat Violence Against Women

SEC. 101. Stop Grants.

Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended—

(1)

in section 1001(a)(18) (42 U.S.C. 3793(a)(18)), by striking “ $225,000,000 for each of fiscal years 2007 through 2011” and inserting “ $222,000,000 for each of fiscal years 2014 through 2018”;

(2)

in section 2001(b) (42 U.S.C. 3796gg(b))—

(A)

in the matter preceding paragraph (1)—

(i)

by striking “ equipment” and inserting “ resources”; and

(ii)

by inserting “ for the protection and safety of victims,” after “ women,”;

(B)

in paragraph (1), by striking “ sexual assault” and all that follows through “ dating violence” and inserting “ domestic violence, dating violence, sexual assault, and stalking, including the appropriate use of nonimmigrant status under subparagraphs (T) and (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a))”;

(C)

in paragraph (2), by striking “ sexual assault and domestic violence” and inserting “ domestic violence, dating violence, sexual assault, and stalking”;

(D)

in paragraph (3), by striking “ sexual assault and domestic violence” and inserting “ domestic violence, dating violence, sexual assault, and stalking, as well as the appropriate treatment of victims”;

(E)

in paragraph (4)—

(i)

by striking “ sexual assault and domestic violence” and inserting “ domestic violence, dating violence, sexual assault, and stalking”; and

(ii)

by inserting “ , classifying,” after “ identifying”;

(F)

in paragraph (5)—

(i)

by inserting “ and legal assistance” after “ victim services”;

(ii)

by striking “ domestic violence and dating violence” and inserting “ domestic violence, dating violence, and stalking”; and

(iii)

by striking “ sexual assault and domestic violence” and inserting “ domestic violence, dating violence, sexual assault, and stalking”;

(G)

by striking paragraph (6) and redesignating paragraphs (7) through (14) as paragraphs (6) through (13), respectively;

(H)

in paragraph (6), as redesignated by subparagraph (G), by striking “ sexual assault and domestic violence” and inserting “ domestic violence, dating violence, sexual assault, and stalking”;

(I)

in paragraph (7), as redesignated by subparagraph (G), by striking “ and dating violence” and inserting “ dating violence, and stalking”;

(J)

in paragraph (9), as redesignated by subparagraph (G), by striking “ domestic violence or sexual assault” and inserting “ domestic violence, dating violence, sexual assault, or stalking”;

(K)

in paragraph (12), as redesignated by subparagraph (G)—

(i)

in subparagraph (A), by striking “ triage protocols to ensure that dangerous or potentially lethal cases are identified and prioritized” and inserting “ the use of evidence-based indicators to assess the risk of domestic and dating violence homicide and prioritize dangerous or potentially lethal cases”; and

(ii)

by striking “ and” at the end;

(L)

in paragraph (13), as redesignated by subparagraph (G)—

(i)

by striking “ to provide” and inserting “ providing”;

(ii)

by striking “ nonprofit nongovernmental”;

(iii)

by striking the comma after “ local governments”;

(iv)

in the matter following subparagraph (C), by striking “ paragraph (14)” and inserting “ paragraph (13)”; and

(v)

by striking the period at the end and inserting a semicolon; and

(M)

by inserting after paragraph (13), as redesignated by subparagraph (G), the following:

“(14) developing and promoting State, local, or tribal legislation and policies that enhance best practices for responding to domestic violence, dating violence, sexual assault, and stalking;

“(15) developing, implementing, or enhancing Sexual Assault Response Teams, or other similar coordinated community responses to sexual assault;

“(16) developing and strengthening policies, protocols, best practices, and training for law enforcement agencies and prosecutors relating to the investigation and prosecution of sexual assault cases and the appropriate treatment of victims;

“(17) developing, enlarging, or strengthening programs addressing sexual assault against men, women, and youth in correctional and detention settings;

“(18) identifying and conducting inventories of backlogs of sexual assault evidence collection kits and developing protocols and policies for responding to and addressing such backlogs, including protocols and policies for notifying and involving victims;

“(19) developing, enlarging, or strengthening programs and projects to provide services and responses targeting male and female victims of domestic violence, dating violence, sexual assault, or stalking, whose ability to access traditional services and responses is affected by their sexual orientation or gender identity, as defined in section 249(c) of title 18, United States Code; and

“(20) developing, enhancing, or strengthening prevention and educational programming to address domestic violence, dating violence, sexual assault, or stalking, with not more than 5 percent of the amount allocated to a State to be used for this purpose.”

(3)

in section 2007 (42 U.S.C. 3796gg–1)—

(A)

in subsection (a), by striking “ nonprofit nongovernmental victim service programs” and inserting “ victim service providers”;

(B)

in subsection (b)(6), by striking “ (not including populations of Indian tribes)”;

(C)

in subsection (c)—

(i)

by striking paragraph (2) and inserting the following:

“(2) grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with—

“(A) the State sexual assault coalition;

“(B) the State domestic violence coalition;

“(C) the law enforcement entities within the State;

“(D) prosecution offices;

“(E) State and local courts;

“(F) Tribal governments in those States with State or federally recognized Indian tribes;

“(G) representatives from underserved populations, including culturally specific populations;

“(H) victim service providers;

“(I) population specific organizations; and

“(J) other entities that the State or the Attorney General identifies as needed for the planning process;”

(ii)

by redesignating paragraph (3) as paragraph (4);

(iii)

by inserting after paragraph (2), as amended by clause (i), the following:

“(3) grantees shall coordinate the State implementation plan described in paragraph (2) with the State plans described in section 307 of the Family Violence Prevention and Services Act (42 U.S.C. 10407) and the programs described in section 1404 of the Victims of Crime Act of 1984 (42 U.S.C. 10603) and section 393A of the Public Health Service Act (42 U.S.C. 280b–1b).”

(iv)

in paragraph (4), as redesignated by clause (ii)—

(I)

in subparagraph (A), by striking “ and not less than 25 percent shall be allocated for prosecutors”;

(II)

by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D);

(III)

by inserting after subparagraph (A), the following:

“(B) not less than 25 percent shall be allocated for prosecutors;”

; and

(IV)

in subparagraph (D) as redesignated by subclause (II) by striking “ for” and inserting “ to”; and

(v)

by adding at the end the following:

“(5) not later than 2 years after the date of enactment of this Act, and every year thereafter, not less than 20 percent of the total amount granted to a State under this subchapter shall be allocated for programs or projects in 2 or more allocations listed in paragraph (4) that meaningfully address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship.”

(D)

by striking subsection (d) and inserting the following:

“(d) Application Requirements.—An application for a grant under this section shall include—

“(1) the certifications of qualification required under subsection (c);

“(2) proof of compliance with the requirements for the payment of forensic medical exams and judicial notification, described in section 2010;

“(3) proof of compliance with the requirements for paying fees and costs relating to domestic violence and protection order cases, described in section 2011 of this title;

“(4) proof of compliance with the requirements prohibiting polygraph examinations of victims of sexual assault, described in section 2013 of this title;

“(5) an implementation plan required under subsection (i); and

“(6) any other documentation that the Attorney General may require.”

(E)

in subsection (e)—

(i)

in paragraph (2)—

(I)

in subparagraph (A), by striking “ domestic violence and sexual assault” and inserting “ domestic violence, dating violence, sexual assault, and stalking”; and

(II)

in subparagraph (D), by striking “ linguistically and”; and

(ii)

by adding at the end the following:

“(3) Conditions.—In disbursing grants under this part, the Attorney General may impose reasonable conditions on grant awards to ensure that the States meet statutory, regulatory, and other program requirements.”

(F)

in subsection (f), by striking the period at the end and inserting “ , except that, for purposes of this subsection, the costs of the projects for victim services or tribes for which there is an exemption under section 40002(b)(1) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(1)) shall not count toward the total costs of the projects.”; and

(G)

by adding at the end the following:

“(i) Implementation Plans.—A State applying for a grant under this part shall—

“(1) develop an implementation plan in consultation with the entities listed in subsection (c)(2), that identifies how the State will use the funds awarded under this part, including how the State will meet the requirements of subsection (c)(5); and

“(2) submit to the Attorney General—

“(A) the implementation plan developed under paragraph (1);

“(B) documentation from each member of the planning committee as to their participation in the planning process;

“(C) documentation from the prosecution, law enforcement, court, and victim services programs to be assisted, describing—

“(i) the need for the grant funds;

“(ii) the intended use of the grant funds;

“(iii) the expected result of the grant funds; and

“(iv) the demographic characteristics of the populations to be served, including age, disability, race, ethnicity, and language background;

“(D) a description of how the State will ensure that any subgrantees will consult with victim service providers during the course of developing their grant applications in order to ensure that the proposed activities are designed to promote the safety, confidentiality, and economic independence of victims;

“(E) demographic data on the distribution of underserved populations within the State and a description of how the State will meet the needs of underserved populations, including the minimum allocation for population specific services required under subsection (c)(4)(C);

“(F) a description of how the State plans to meet the regulations issued pursuant to subsection (e)(2);

“(G) goals and objectives for reducing domestic violence-related homicides within the State; and

“(H) any other information requested by the Attorney General.

“(j) Reallocation of Funds.—A State may use any returned or remaining funds for any authorized purpose under this part if—

“(1) funds from a subgrant awarded under this part are returned to the State; or

“(2) the State does not receive sufficient eligible applications to award the full funding within the allocations in subsection (c)(4)”

(4)

in section 2010 (42 U.S.C. 3796gg–4)—

(A)

in subsection (a), by striking paragraph (1) and inserting the following:

“(1) In general.—A State, Indian tribal government, or unit of local government shall not be entitled to funds under this subchapter unless the State, Indian tribal government, unit of local government, or another governmental entity—

“(A) incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault; and

“(B) coordinates with health care providers in the region to notify victims of sexual assault of the availability of rape exams at no cost to the victims.”

(B)

in subsection (b)—

(i)

in paragraph (1), by inserting “ or” after the semicolon;

(ii)

in paragraph (2), by striking “ ; or” and inserting a period; and

(iii)

by striking paragraph (3); and

(C)

by amending subsection (d) to read as follows:

“(d) Noncooperation.—

“(1) In general.—To be in compliance with this section, a State, Indian tribal government, or unit of local government shall comply with subsection (b) without regard to whether the victim participates in the criminal justice system or cooperates with law enforcement.

“(2) Compliance period.—States, territories, and Indian tribal governments shall have 3 years from the date of enactment of this Act to come into compliance with this section.”

; and

(5)

in section 2011(a)(1) (42 U.S.C. 3796gg–5(a)(1))—

(A)

by inserting “ modification, enforcement, dismissal, withdrawal” after “ registration,” each place it appears;

(B)

by inserting “ , dating violence, sexual assault, or stalking” after “ felony domestic violence”; and

(C)

by striking “ victim of domestic violence” and all that follows through “ sexual assault” and inserting “ victim of domestic violence, dating violence, sexual assault, or stalking”.

SEC. 102. Grants to Encourage Arrest Policies and Enforcement of Protection Orders.

(a)

In General.— Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended—

(1)

in section 2101 (42 U.S.C. 3796hh)—

(A)

in subsection (b)—

(i)

in the matter preceding paragraph (1), by striking “ States,” and all that follows through “ units of local government” and inserting “ grantees”;

(ii)

in paragraph (1), by inserting “ and enforcement of protection orders across State and tribal lines” before the period;

(iii)

in paragraph (2), by striking “ and training in police departments to improve tracking of cases” and inserting “ data collection systems, and training in police departments to improve tracking of cases and classification of complaints”;

(iv)

in paragraph (4), by inserting “ and provide the appropriate training and education about domestic violence, dating violence, sexual assault, and stalking” after “ computer tracking systems”;

(v)

in paragraph (5), by inserting “ and other victim services” after “ legal advocacy service programs”;

(vi)

in paragraph (6), by striking “ judges” and inserting “ Federal, State, tribal, territorial, and local judges, courts, and court-based and court-related personnel”;

(vii)

in paragraph (8), by striking “ and sexual assault” and inserting “ dating violence, sexual assault, and stalking”;

(viii)

in paragraph (10), by striking “ non-profit, non-governmental victim services organizations,” and inserting “ victim service providers, staff from population specific organizations,”; and

(ix)

by adding at the end the following:

“(14) To develop and implement training programs for prosecutors and other prosecution-related personnel regarding best practices to ensure offender accountability, victim safety, and victim consultation in cases involving domestic violence, dating violence, sexual assault, and stalking.

“(15) To develop or strengthen policies, protocols, and training for law enforcement, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence, dating violence, sexual assault, and stalking against immigrant victims, including the appropriate use of applications for nonimmigrant status under subparagraphs (T) and (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).

“(16) To develop and promote State, local, or tribal legislation and policies that enhance best practices for responding to the crimes of domestic violence, dating violence, sexual assault, and stalking, including the appropriate treatment of victims.

“(17) To develop, implement, or enhance sexual assault nurse examiner programs or sexual assault forensic examiner programs, including the hiring and training of such examiners.

“(18) To develop, implement, or enhance Sexual Assault Response Teams or similar coordinated community responses to sexual assault.

“(19) To develop and strengthen policies, protocols, and training for law enforcement officers and prosecutors regarding the investigation and prosecution of sexual assault cases and the appropriate treatment of victims.

“(20) To provide human immunodeficiency virus testing programs, counseling, and prophylaxis for victims of sexual assault.

“(21) To identify and inventory backlogs of sexual assault evidence collection kits and to develop protocols for responding to and addressing such backlogs, including policies and protocols for notifying and involving victims.

“(22) To develop multidisciplinary high-risk teams focusing on reducing domestic violence and dating violence homicides by—

“(A) using evidence-based indicators to assess the risk of homicide and link high-risk victims to immediate crisis intervention services;

“(B) identifying and managing high-risk offenders; and

“(C) providing ongoing victim advocacy and referrals to comprehensive services including legal, housing, health care, and economic assistance.”

(B)

in subsection (c)—

(i)

in paragraph (1)—

(I)

in the matter preceding subparagraph (A), by inserting “ except for a court,” before “ certify”; and

(II)

by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accordingly;

(ii)

in paragraph (2), by inserting “ except for a court,” before “ demonstrate”;

(iii)

in paragraph (3)—

(I)

by striking “ spouses” each place it appears and inserting “ parties”; and

(II)

by striking “ spouse” and inserting “ party”;

(iv)

in paragraph (4)—

(I)

by inserting “ , dating violence, sexual assault, or stalking” after “ felony domestic violence”;

(II)

by inserting “ modification, enforcement, dismissal,” after “ registration,” each place it appears;

(III)

by inserting “ dating violence,” after “ victim of domestic violence,”; and

(IV)

by striking “ and” at the end;

(v)

in paragraph (5)—

(I)

in the matter preceding subparagraph (A), by striking “ , not later than 3 years after January 5, 2006”;

(II)

by inserting “ , trial of, or sentencing for” after “ investigation of” each place it appears;

(III)

by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accordingly;

(IV)

in clause (ii), as redesignated by subclause (III) of this clause, by striking “ subparagraph (A)” and inserting “ clause (i)”; and

(V)

by striking the period at the end and inserting “ ; and”;

(vi)

by redesignating paragraphs (1) through (5), as amended by this subparagraph, as subparagraphs (A) through (E), respectively;

(vii)

in the matter preceding subparagraph (A), as redesignated by clause (v) of this subparagraph—

(I)

by striking the comma that immediately follows another comma; and

(II)

by striking “ grantees are States” and inserting the following:

“(1) States”

; and

(viii)

by adding at the end the following:

“(2) a State, tribal, or territorial domestic violence or sexual assault coalition or a victim service provider that partners with a State, Indian tribal government, or unit of local government that certifies that the State, Indian tribal government, or unit of local government meets the requirements under paragraph (1).”

(C)

in subsection (d)—

(i)

in paragraph (1)—

(I)

in the matter preceding subparagraph (A), by inserting “ , policy,” after “ law”; and

(II)

in subparagraph (A), by inserting “ and the defendant is in custody or has been served with the information or indictment” before the semicolon; and

(ii)

in paragraph (2), by striking “ it” and inserting “ its”; and

(D)

by adding at the end the following:

“(f) Allocation for Tribal Coalitions.—Of the amounts appropriated for purposes of this part for each fiscal year, not less than 5 percent shall be available for grants under section 2001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg).

“(g) Allocation for Sexual Assault.—Of the amounts appropriated for purposes of this part for each fiscal year, not less than 25 percent shall be available for projects that address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship.”

; and

(2)

in section 2102(a) (42 U.S.C. 3796hh–1(a))—

(A)

in paragraph (1), by inserting “ court,” after “ tribal government,”; and

(B)

in paragraph (4), by striking “ nonprofit, private sexual assault and domestic violence programs” and inserting “ victim service providers and, as appropriate, population specific organizations”.

(b)

Authorization of Appropriations.— Section 1001(a)(19) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is amended—

(1)

by striking “ $75,000,000” and all that follows through “ 2011.” and inserting “ $73,000,000 for each of fiscal years 2014 through 2018.”; and

(2)

by striking the period that immediately follows another period.

SEC. 103. Legal Assistance for Victims.

Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg–6) is amended—

(1)

in subsection (a)—

(A)

in the first sentence, by striking “ arising as a consequence of” and inserting “ relating to or arising out of”; and

(B)

in the second sentence, by inserting “ or arising out of” after “ relating to”;

(2)

in subsection (b)—

(A)

in the heading, by inserting “ and Grant Conditions” after “ Definitions”; and

(B)

by inserting “ and grant conditions” after “ definitions”;

(3)

in subsection (c)—

(A)

in paragraph (1), by striking “ victims services organizations” and inserting “ victim service providers”; and

(B)

by striking paragraph (3) and inserting the following:

“(3) to implement, expand, and establish efforts and projects to provide competent, supervised pro bono legal assistance for victims of domestic violence, dating violence, sexual assault, or stalking, except that not more than 10 percent of the funds awarded under this section may be used for the purpose described in this paragraph.”

(4)

in subsection (d)—

(A)

in paragraph (1), by striking “ this section has completed” and all that follows and inserting the following: “ this section—”

“(A) has demonstrated expertise in providing legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; or

“(B)

(i) is partnered with an entity or person that has demonstrated expertise described in subparagraph (A); and

“(ii) has completed, or will complete, training in connection with domestic violence, dating violence, stalking, or sexual assault and related legal issues, including training on evidence-based risk factors for domestic and dating violence homicide;”

; and

(B)

in paragraph (2), by striking “ stalking organization” and inserting “ stalking victim service provider”; and

(5)

in subsection (f) in paragraph (1), by striking “ this section” and all that follows and inserting the following: “ this section $57,000,000 for each of fiscal years 2014 through 2018.”.

SEC. 104. Consolidation of Grants to Support Families in the Justice System.

(a)

In General.— Title III of division B of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386; 114 Stat. 1509) is amended by striking the section preceding section 1302 (42 U.S.C. 10420), as amended by section 306 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat. 316), and inserting the following:

“SEC. 1301. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.

“(a) In General.—The Attorney General may make grants to States, units of local government, courts (including juvenile courts), Indian tribal governments, nonprofit organizations, legal services providers, and victim services providers to improve the response of all aspects of the civil and criminal justice system to families with a history of domestic violence, dating violence, sexual assault, or stalking, or in cases involving allegations of child sexual abuse.

“(b) Use of Funds.—A grant under this section may be used to—

“(1) provide supervised visitation and safe visitation exchange of children and youth by and between parents in situations involving domestic violence, dating violence, child sexual abuse, sexual assault, or stalking;

“(2) develop and promote State, local, and tribal legislation, policies, and best practices for improving civil and criminal court functions, responses, practices, and procedures in cases involving a history of domestic violence or sexual assault, or in cases involving allegations of child sexual abuse, including cases in which the victim proceeds pro se;

“(3) educate court-based and court-related personnel and court-appointed personnel (including custody evaluators and guardians ad litem) and child protective services workers on the dynamics of domestic violence, dating violence, sexual assault, and stalking, including information on perpetrator behavior, evidence-based risk factors for domestic and dating violence homicide, and on issues relating to the needs of victims, including safety, security, privacy, and confidentiality, including cases in which the victim proceeds pro se;

“(4) provide appropriate resources in juvenile court matters to respond to dating violence, domestic violence, sexual assault (including child sexual abuse), and stalking and ensure necessary services dealing with the health and mental health of victims are available;

“(5) enable courts or court-based or court-related programs to develop or enhance—

“(A) court infrastructure (such as specialized courts, consolidated courts, dockets, intake centers, or interpreter services);

“(B) community-based initiatives within the court system (such as court watch programs, victim assistants, pro se victim assistance programs, or community-based supplementary services);

“(C) offender management, monitoring, and accountability programs;

“(D) safe and confidential information-storage and information-sharing databases within and between court systems;

“(E) education and outreach programs to improve community access, including enhanced access for underserved populations; and

“(F) other projects likely to improve court responses to domestic violence, dating violence, sexual assault, and stalking;

“(6) provide civil legal assistance and advocacy services, including legal information and resources in cases in which the victim proceeds pro se, to—

“(A) victims of domestic violence; and

“(B) nonoffending parents in matters—

“(i) that involve allegations of child sexual abuse;

“(ii) that relate to family matters, including civil protection orders, custody, and divorce; and

“(iii) in which the other parent is represented by counsel;

“(7) collect data and provide training and technical assistance, including developing State, local, and tribal model codes and policies, to improve the capacity of grantees and communities to address the civil justice needs of victims of domestic violence, dating violence, sexual assault, and stalking who have legal representation, who are proceeding pro se, or who are proceeding with the assistance of a legal advocate; and

“(8) to improve training and education to assist judges, judicial personnel, attorneys, child welfare personnel, and legal advocates in the civil justice system.

“(c) Considerations.—

“(1) In general.—In making grants for purposes described in paragraphs (1) through (7) of subsection (b), the Attorney General shall consider—

“(A) the number of families to be served by the proposed programs and services;

“(B) the extent to which the proposed programs and services serve underserved populations;

“(C) the extent to which the applicant demonstrates cooperation and collaboration with nonprofit, nongovernmental entities in the local community with demonstrated histories of effective work on domestic violence, dating violence, sexual assault, or stalking, including State or tribal domestic violence coalitions, State or tribal sexual assault coalitions, local shelters, and programs for domestic violence and sexual assault victims; and

“(D) the extent to which the applicant demonstrates coordination and collaboration with State, tribal, and local court systems, including mechanisms for communication and referral.

“(2) Other grants.—In making grants under subsection (b)(8) the Attorney General shall take into account the extent to which the grantee has expertise addressing the judicial system’s handling of family violence, child custody, child abuse and neglect, adoption, foster care, supervised visitation, divorce, and parentage.

“(d) Applicant Requirements.—The Attorney General may make a grant under this section to an applicant that—

“(1) demonstrates expertise in the areas of domestic violence, dating violence, sexual assault, stalking, or child sexual abuse, as appropriate;

“(2) ensures that any fees charged to individuals for use of supervised visitation programs and services are based on the income of those individuals, unless otherwise provided by court order;

“(3) for a court-based program, certifies that victims of domestic violence, dating violence, sexual assault, or stalking are not charged fees or any other costs related to the filing, petitioning, modifying, issuance, registration, enforcement, withdrawal, or dismissal of matters relating to the domestic violence, dating violence, sexual assault, or stalking;

“(4) demonstrates that adequate security measures, including adequate facilities, procedures, and personnel capable of preventing violence, and adequate standards are, or will be, in place (including the development of protocols or policies to ensure that confidential information is not shared with courts, law enforcement agencies, or child welfare agencies unless necessary to ensure the safety of any child or adult using the services of a program funded under this section), if the applicant proposes to operate supervised visitation programs and services or safe visitation exchange;

“(5) certifies that the organizational policies of the applicant do not require mediation or counseling involving offenders and victims being physically present in the same place, in cases where domestic violence, dating violence, sexual assault, or stalking is alleged;

“(6) certifies that any person providing legal assistance through a program funded under this section has completed or will complete training on domestic violence, dating violence, sexual assault, and stalking, including child sexual abuse, and related legal issues; and

“(7) certifies that any person providing custody evaluation or guardian ad litem services through a program funded under this section has completed or will complete training developed with input from and in collaboration with a tribal, State, territorial, or local domestic violence, dating violence, sexual assault, or stalking victim service provider or coalition on the dynamics of domestic violence and sexual assault, including child sexual abuse, that includes training on how to review evidence of past abuse and the use of evidenced-based theories to make recommendations on custody and visitation.

“(e) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section, $22,000,000 for each of fiscal years 2014 through 2018. Amounts appropriated pursuant to this subsection shall remain available until expended.

“(f) Allotment for Indian Tribes.—

“(1) In general.—Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized by section 3796gg–10 of this title.

“(2) Applicability of part.—The requirements of this section shall not apply to funds allocated for the program described in paragraph (1).”

(b)

Technical and Conforming Amendment.— Subtitle J of the Violence Against Women Act of 1994 (42 U.S.C. 14043 et seq.) is repealed.

SEC. 105. Sex Offender Management.

Section 40152(c) of the Violence Against Women Act of 1994 (42 U.S.C. 13941) is amended by striking “ $5,000,000” and all that follows and inserting “ $5,000,000 for each of fiscal years 2014 through 2018.”.

SEC. 106. Court-Appointed Special Advocate Program.

Subtitle B of title II of the Crime Control Act of 1990 (42 U.S.C. 13011 et seq.) is amended—

(1)

in section 216 (42 U.S.C. 13012), by striking “ January 1, 2010” and inserting “ January 1, 2015”;

(2)

in section 217 (42 U.S.C. 13013)—

(A)

by striking “ Code of Ethics” in section (c)(2) and inserting “ Standards for Programs”; and

(B)

by adding at the end the following:

“(e) Reporting.—An organization that receives a grant under this section for a fiscal year shall submit to the Administrator a report regarding the use of the grant for the fiscal year, including a discussion of outcome performance measures (which shall be established by the Administrator) to determine the effectiveness of the programs of the organization in meeting the needs of children in the child welfare system.”

; and

(3)

in section 219(a) (42 U.S.C. 13014(a)), by striking “ fiscal years 2007 through 2011” and inserting “ fiscal years 2014 through 2018”.

SEC. 107. Criminal Provision Relating to Stalking, Including Cyberstalking.

(a)

Interstate Domestic Violence.— Section 2261(a)(1) of title 18, United States Code, is amended—

(1)

by inserting “ is present” after “ Indian Country or”; and

(2)

by inserting “ or presence” after “ as a result of such travel”;

(b)

Stalking.— Section 2261A of title 18, United States Code, is amended to read as follows:

“§ 2261A. Stalking

“Whoever—

“(1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that—

“(A) places that person in reasonable fear of the death of, or serious bodily injury to—

“(i) that person;

“(ii) an immediate family member (as defined in section 115) of that person; or

“(iii) a spouse or intimate partner of that person; or

“(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); or

“(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct that—

“(A) places that person in reasonable fear of the death of or serious bodily injury to a person described in clause (i), (ii), or (iii) of paragraph (1)(A); or

“(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A),

(c)

Interstate Violation of Protection Order.— Section 2262(a)(2) of title 18, United States Code, is amended by inserting “ is present” after “ Indian Country or”.

SEC. 108. Outreach and Services to Underserved Populations Grant.

Section 120 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045) is amended to read as follows:

“SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS.

“(a) Grants Authorized.—

“(1) In general.—Of the amounts appropriated under the grant programs identified in paragraph (2), the Attorney General shall take 2 percent of such appropriated amounts and combine them to award grants to eligible entities described in subsection (b) of this section to develop and implement outreach strategies targeted at adult or youth victims of domestic violence, dating violence, sexual assault, or stalking in underserved populations and to provide victim services to meet the needs of adult and youth victims of domestic violence, dating violence, sexual assault, and stalking in underserved populations. The requirements of the grant programs identified in paragraph (2) shall not apply to this grant program.

“(2) Programs covered.—The programs covered by paragraph (1) are the programs carried out under the following provisions:

“(A) Section 2001 of the Omnibus Crime Control and Safe Streets Act of 1968 (Grants to Combat Violent Crimes Against Women).

“(B) Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program).

“(b) Eligible Entities.—Eligible entities under this section are—

“(1) population specific organizations that have demonstrated experience and expertise in providing population specific services in the relevant underserved communities, or population specific organizations working in partnership with a victim service provider or domestic violence or sexual assault coalition;

“(2) victim service providers offering population specific services for a specific underserved population; or

“(3) victim service providers working in partnership with a national, State, tribal, or local organization that has demonstrated experience and expertise in providing population specific services in the relevant underserved population.

“(c) Planning Grants.—The Attorney General may use up to 25 percent of funds available under this section to make one-time planning grants to eligible entities to support the planning and development of specially designed and targeted programs for adult and youth victims in one or more underserved populations, including—

“(1) identifying, building and strengthening partnerships with potential collaborators within underserved populations, Federal, State, tribal, territorial or local government entities, and public and private organizations;

“(2) conducting a needs assessment of the community and the targeted underserved population or populations to determine what the barriers are to service access and what factors contribute to those barriers, using input from the targeted underserved population or populations;

“(3) identifying promising prevention, outreach and intervention strategies for victims from a targeted underserved population or populations; and

“(4) developing a plan, with the input of the targeted underserved population or populations, for implementing prevention, outreach and intervention strategies to address the barriers to accessing services, promoting community engagement in the prevention of domestic violence, dating violence, sexual assault, and stalking within the targeted underserved populations, and evaluating the program.

“(d) Implementation Grants.—The Attorney General shall make grants to eligible entities for the purpose of providing or enhancing population specific outreach and services to adult and youth victims in one or more underserved populations, including—

“(1) working with Federal, State, tribal, territorial and local governments, agencies, and organizations to develop or enhance population specific services;

“(2) strengthening the capacity of underserved populations to provide population specific services;

“(3) strengthening the capacity of traditional victim service providers to provide population specific services;

“(4) strengthening the effectiveness of criminal and civil justice interventions by providing training for law enforcement, prosecutors, judges and other court personnel on domestic violence, dating violence, sexual assault, or stalking in underserved populations; or

“(5) working in cooperation with an underserved population to develop and implement outreach, education, prevention, and intervention strategies that highlight available resources and the specific issues faced by victims of domestic violence, dating violence, sexual assault, or stalking from underserved populations.

“(e) Application.—An eligible entity desiring a grant under this section shall submit an application to the Director of the Office on Violence Against Women at such time, in such form, and in such manner as the Director may prescribe.

“(f) Reports.—Each eligible entity receiving a grant under this section shall submit to the Director of the Office on Violence Against Women a report that describes the activities carried out with grant funds.

“(g) Authorization of Appropriations.—In addition to the funds identified in subsection (a)(1), there are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2014 through 2018.

“(h) Definitions and Grant Conditions.—In this section the definitions and grant conditions in section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925) shall apply.”

SEC. 109. Culturally Specific Services Grant.

Section 121 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045a) is amended—

(1)

in the section heading, by striking “ and linguistically”;

(2)

by striking “ and linguistically” each place it appears;

(3)

by striking “ and linguistic” each place it appears;

(4)

by striking subsection (a)(2) and inserting:

“(2) Programs covered.—The programs covered by paragraph (1) are the programs carried out under the following provisions:

“(A) Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (Grants to Encourage Arrest Policies and Enforcement of Protection Orders).

“(B) Section 14201 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg–6) (Legal Assistance for Victims).

“(C) Section 40295 of the Violence Against Women Act of 1994 (42 U.S.C. 13971) (Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Child Abuse Enforcement Assistance).

“(D) Section 40802 of the Violence Against Women Act of 1994 (42 U.S.C. 14041a) (Enhanced Training and Services to End Violence Against Women Later in Life).

“(E) Section 1402 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg–7) (Education, Training, and Enhanced Services to End Violence Against and Abuse of Women with Disabilities).”

; and

(5)

in subsection (g), by striking “ linguistic and”.

Title I — Enhancing Judicial and Law Enforcement Tools to Combat Violence Against Women