Sec. 501. Ensuring issuance of U- and T-visa certifications and access to services

1,181 words·~5 min read·/bill/113/hr/629/ih/section-501

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Section 40002 of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925 ) is amended in subsection

(b)by adding at the end the following: No person in the United States shall on the basis of actual or perceived race, color, religion, national origin, alienage status, sex, gender identity (as defined in paragraph 249(c)(4) of title 18, United States Code), sexual orientation, age, 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 2011, 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. If gender segregation or gender-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 gender. In such circumstances, alternative reasonable accommodations are sufficient to meet the requirements of this paragraph. The provisions of paragraphs

(2)through

(4)of section 809(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3789d(c) ) apply to violations of subparagraph (A). 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. An entity applying for funding under this title shall certify to the Office on Violence Against Women that the entity will comply with their obligations under Title VI of the Civil Rights Act of 1964, including taking reasonable steps to ensure meaningful access to its programs and activities by persons who are limited in their English proficiency, in order to avoid discrimination on the basis of national origin. All grant applications submitted for funding shall contain documentation in the text of the grant application and a line item in the budget that provides for language access to the services being provided or documentation about local demographics justifying why the budget does not address language access. . Section 2001(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg(b) ) is amended— in paragraph (13), by striking and at the end of subparagraph (D); in paragraph (14), by striking the period at the end of subparagraph

(C)and inserting ; and ; and by adding after paragraph

(14)the following new paragraph: the development and implementation of procedures, policies, or protocols and training within courts, prosecutors’ offices, and law enforcement agencies to ensure that agency personnel have received training on and are not encouraging, promoting or facilitating the violation of Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ) and that agencies receiving funding are issuing certifications in U-visa and T-visa cases for victims applying for relief under Section 101(a)(15)(T) and

(U)of Immigration and Nationality Act. . Section 2001(d) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg(d) ) is amended by inserting at the end the following: Priority in funding shall be given to programs whose applications demonstrate that the applicant has or is willing to implement within 6 month after receipt of funding protocols, policies, or practices that— ensure compliance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166; ensure that the agency does not violate, facilitate or encourage the violation of VAWA confidentiality as defined in section 387 of the Immigration and Nationality Act ( 8 U.S.C. 1367 ); and result in the agency issuing certifications for noncitizen victims applying for relief under sections 101(a)(15)(U) or 101(a)(15)(T) of the Immigration and Nationality Act if the applicant agency is eligible to sign certifications in T- or U-visa cases. . Section 2101(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796hh(b) ) is amended by adding at the end the following: To develop or strengthen policies, protocols and training for law enforcement, prosecutors, and the judiciary in recognizing, detecting, investigating, and prosecuting instances of domestic violence, dating violence, sexual assault, and stalking against immigrant victims, including the appropriate use of T and U visas ( 8 U.S.C. 1101(a)(15)

(T)and (U)) and providing training on and are not encouraging, promoting or facilitating the violation of Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ). To develop or strengthen policies, protocols, and training for law enforcement, prosecutors and the judiciary on language access under Executive Order No. 13166 65 Fed. Reg. 50, 121 (Aug. 16, 2000). . Section 2101(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796hh(c) ) is amended— in paragraph (4), by striking and at the end; in paragraph (5), by striking the period and inserting ; and ; and by adding at the end the following: Priority in funding shall be given to programs whose applications demonstrate that the applicant has or is willing to implement within 6 months after receipt of funding protocols, policies, or practices that— ensure compliance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166; ensure that the agency does not violate, facilitate or encourage the violation of VAWA confidentiality as defined in section 387 of the Immigration and Nationality Act ( 8 U.S.C. 1367 ); and result in the agency issuing certifications for noncitizen victims applying for relief under sections 101(a)(15)(U) or 101(a)(15)(T) of the Immigration and Nationality Act if the applicant agency is eligible to sign certifications in T- or U-visa cases. . Section 40299 of the Violence Against Women Act of 1994 ( 42 U.S.C. 13975 ) is amended in subsection (d)(2)(B) by— inserting —

(i)after provide assurances that ; and adding at the end the following: applicants are able to prove eligibility for the housing program funded under this grant using any credible evidence (as defined in section 204(a)(1)(J) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(J))); and the program serves underserved victims and is compliant with title VI of the Civil Rights Act of 1964, and Executive Order 13166 (65 Fed. Reg. 50, 121). . Section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 42 U.S.C. 14045b ) is amended— in subsection (b)(4), by inserting and language access to such services after physiological counseling, ; in subsection (c)(2)(C), by inserting proportion, demographics, and language needs of international students, after demographics of the population, ; and in subsection (d)(1), by inserting translation, after technical, .

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