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H Amdt 23 - Reauthorizes the Violence Against Women Act - Key Vote

National Key Votes

Nick Rahall II voted Nay (Amendment Vote) on this Legislation.

Read statements Nick Rahall II made in this general time period.

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Stage Details

Legislation - Amendment Rejected (House) (166-257) - (Key vote)

Title: Reauthorizes the Violence Against Women Act

Vote Smart's Synopsis:

Vote to adopt an amendment to S 47 that reauthorizes the "Violence Against Women Act" for fiscal years 2014 through 2018.

Highlights:
  • Prohibits all programs funded by the Violence Against Women Act from excluding from participation, denying the benefits of, or discriminating against individuals on the basis of race, color, religion, national origin, sex, or disability (Sec. 3).
  • Exempts sex-specific programs from the requirement prohibiting discrimination on the basis of sex (Sec. 3).
  • Authorizes tribal governments to exercise special domestic violence jurisdiction over an “alleged offender” to the same extent and in the same manner as the tribe has jurisdiction over a member of that tribe (Sec. 903).
  • Defines “alleged offender” as an individual who meets certain criteria including, but not limited to, the following criteria (Sec. 903):
    • The individual is not an Indian;
    • The individual is alleged to have committed a “covered offense;” or
    • The individual is a spouse, intimate partner, or dating partner of a member of the tribe or an Indian who resides in the Indian country of the tribe.
  • Defines “covered offense” as an offense that meets certain criteria including, but not limited to, the following criteria (Sec. 903):
    • The offense is an act of domestic violence, dating violence, or violates a protection order;
    • The offense occurs in the Indian country of a tribe with special domestic violence jurisdiction; and
    • The offense is committed against an Indian who is a member of a tribe with special domestic violence jurisdiction or who resides in the Indian country of a tribe with special domestic violence jurisdiction.
  • Expands the definition of “domestic violence” to include crimes of violence against a current or former intimate partner (Sec. 3).
  • Requires the Attorney General of the United States to determine that a tribe seeking to attain special domestic violence jurisdiction will afford an alleged offender certain rights including, but not limited to, the rights secured by the constitution of the United States (Sec. 903).
  • Authorizes a defendant to remove a criminal prosecution that is before the tribal court by reason of the exercise of special domestic violence jurisdiction to a district court of the United States, and authorizes the district court to grant removal of that trial for certain violations made by the tribal court including, but not limited to, a violation of the defendant’s constitutional rights (Sec. 903).
  • Appropriates $5 million for each fiscal year 2014 through 2018 to be used for the development of tribal criminal justice systems including, but not limited to, the following (Sec. 904):
    • Prosecution;
    • Trial and appellate courts;
    • Probation systems;
    • Detention and correctional facilities; and
    • Criminal codes and rules of criminal and appellate procedures.
  • Expands the definition of “stalking” to include the intent to intimidate an individual by using interactive computer services or electronic communication services (Sec. 107).
  • Expands the requirements for a nonimmigrant victim of violence to be eligible for a U nonimmigrant visa to include compliance with any “reasonable” request for assistance in the federal, state, or local investigation or prosecution of the criminal activity (Sec. 801).
  • Expands the list of non-citizens eligible to obtain a hardship waiver to include non-citizens who are married to a United States citizen or permanent resident and who were battered or subjected to “extreme” cruelty by their spouse (Sec. 809).
  • Appropriates $222 million for each fiscal year 2014 through 2018 to be used for certain programs that combat violence against women including, but not limited to, the following programs (Sec. 101):
    • Programs that develop state, local, or tribal policies for responding to sexual assault, domestic violence, dating violence, and stalking;
    • Programs that develop policies and training for law enforcement and prosecutors to investigate and prosecute sexual assault cases and provide treatment to victims of sexual assault;
    • Programs that address sexual assault against men, women, and youth in correctional and detention settings;
    • Programs that identify backlogs of sexual assault evidence and develop protocols for responding to backlogs; and
    • Educational programs that address domestic violence, dating violence, sexual assault, or stalking.
  • Appropriates $73 million for each fiscal year 2014 through 2018 for the development of certain programs that encourage arrest policies and enforcement of protection orders including, but not limited to, the following programs (Sec. 102):
    • Programs that educate judicial employees and federal, state, tribal, territorial, and local judges, courts, and court-based and court-related personnel about domestic violence, dating violence, sexual assault, and stalking;
    • Programs that develop policies for law enforcement, prosecutors, and judicial employees that are intended to help them recognize, investigate, and prosecute instances of domestic violence, dating violence, sexual assault, and stalking;
    • Programs that develop state, local, and tribal policies for responding to domestic violence, dating violence, sexual assault, and stalking; and
    • Programs that provide human immunodeficiency virus (HIV) testing, counseling, and prophylaxis for sexual assault victims.
  • Appropriates $57 million for each fiscal year 2014 through 2018 to develop programs that provide legal assistance to victims of domestic violence, dating violence, sexual assault, and stalking (Sec. 103).
  • Appropriates $40 million for each fiscal year 2014 through 2018 to develop programs that provide sexual assault services (Sec. 201).
  • Appropriates $50 million for each fiscal year 2014 through 2018 to rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance programs (Sec. 202).
  • Defines “rural” as a state that has a population density of 57 individuals per square mile and whose largest county has less than 250,000 individuals, whereas existing law defines rural as a state that has a population density of 52 individuals per square mile and whose largest county has less than 150,000 individuals (Sec. 3).
  • Appropriates $9 million for each fiscal year 2014 through 2018 for training and services to end violence against women with disabilities (Sec. 203).
  • Appropriates $9 million for each fiscal year 2014 through 2018 for training and services to end abuse of individuals who are 50 years of age or older (Sec. 204).
  • Appropriates $50 million for each fiscal year 2014 through 2018 for rape prevention and education programs for young victims of violence, and requires the funds to be appropriated as follows (Sec. 301):
    • Appropriates a minimum of $150,000 each fiscal year to each state, each territory, and the District of Columbia if the amounts appropriated exceed $48 million; and
    • Appropriates any remaining funds to each state, each territory, and the District of Columbia in proportion to their populations.
  • Requires at least 75 percent of the funds provided for the Debbie Smith DNA Backlog Grant Program for fiscal year 2014 to be used for the following purposes (Sec. 108):
    • To carry out DNA analyses of samples from crimes scenes including samples from rape kits, samples from other sexual assault evidence, and samples taken in cases without an identified suspect; and
    • To increase the capacity of laboratories owned by the state or by units of local government to carry out DNA analyses.
  • Appropriates $15 million for each fiscal year 2014 through 2018 to develop victim-centered services that focus on youth and children who are victims of, or are exposed to, domestic violence, dating violence, sexual assault, or stalking, and requires at least 10 percent of these funds to be appropriated to Indian tribes (Sec. 302).
  • Appropriates $4 million for each fiscal year 2014 through 2018 to provide housing for victims of domestic violence, dating violence, sexual assault, and stalking (Sec. 603).
  • Prohibits an applicant for or tenant of housing assisted under certain housing programs from being denied admission to, denied assistance under, terminated from participation in, or evicted from the housing on the basis that the applicant or tenant has been a victim of domestic violence, dating violence, sexual assault, or stalking (Sec. 601).
  • Appropriates $22 million for each fiscal year 2014 through 2018 to amend the civil and criminal justice systems' response to families with a history of domestic violence, dating violence, sexual assault, stalking, or allegations of child sexual abuse (Sec. 104).
  • Appropriates $12 million for each fiscal year 2014 through 2018 to be used by institutions of higher education to combat domestic violence, dating violence, sexual assault, and stalking on campuses (Sec. 303).
  • Appropriates $8 million for each fiscal year 2014 through 2017 to be used to develop and expand certain assistance programs for sex trafficking victims including, but not limited to, the following programs (Sec. 1241):
    • Programs that provide residential care, clothing, and daily necessities for minor victims;
    • Programs that provide 24-hour emergency social services for minor victims;
    • Programs that provide case management and legal services for minor victims; and
    • Programs that provide mental health counseling for minor victims.
Note:

NOTE: THIS IS A SUBSTITUTE AMENDMENT, WHICH REPLACES THE ENTIRE TEXT OF THE LEGISLATION WITH A NEW TEXT. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Legislation - Introduced (House) -

Title: Reauthorizes the Violence Against Women Act

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