[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1925 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1925
To reauthorize the Violence Against Women Act of 1994
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 30, 2011
Mr. Leahy (for himself and Mr. Crapo) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violence Against Women
Reauthorization Act of 2011''.
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.
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. Grant for training and services to end violence against women
in later life.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
Sec. 301. Rape prevention 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. Employment authorization.
Sec. 808. Protections for a fiancee or fiance of a citizen.
Sec. 809. Regulation of international marriage brokers.
Sec. 810. Eligibility of crime and trafficking victims in the
Commonwealth of the Northern Mariana
Islands to adjust status.
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.
TITLE X--OTHER MATTERS
Sec. 1001. Criminal provisions relating to sexual abuse.
Sec. 1002. Sexual abuse in custodial settings.
SEC. 3. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.
(a) Definitions.--Subsection (a) of section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)) is amended--
(1) by redesignating--
(A) paragraph (1) as paragraph (2);
(B) paragraph (2) as paragraph (4);
(C) paragraphs (3) through (5) as paragraphs (5)
through (7), respectively;
(D) paragraphs (6) through (9) as paragraphs (10)
through (13), respectively;
(E) paragraphs (10) through (16) as paragraphs (15)
through (21), respectively;
(F) paragraph (18) as paragraph (22);
(G) paragraphs (19) and (20) as paragraphs (25) and
(26), respectively;
(H) paragraphs (21) and (22) as paragraphs (28) and
(29), respectively;
(I) paragraphs (23) through (33) as paragraphs (31)
through (41), respectively;
(J) paragraphs (34) and (35) as paragraphs (43) and
(44); and
(K) paragraph (37) as paragraph (47);
(2) 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.).'';
(3) by inserting after paragraph (2), as redesignated, the
following:
``(2) Child.--The term `child' means a person who is under
11 years of age.'';
(4) in paragraph (4), as redesignated, by striking
``serious harm.'' and inserting ``serious harm to unemancipated
minor.'';
(5) in paragraph (5), 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--'';
(6) by inserting after paragraph (7), as redesignated, the
following:
``(8) Culturally specific services.--The term `culturally
specific services' means community-based services that offer
culturally relevant and linguistically specific services and
resources to culturally specific communities.
``(9) 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. 300-u-6(g)).'';
(7) in paragraph (10), as redesignated, by inserting ``or
intimate partner'' after ``former spouse'' and ``as a spouse'';
(8) by inserting after paragraph (13), as redesignated, the
following:
``(14) Homeless.--The term `homeless' has the meaning
provided in 42 U.S.C. 14043e-2(6).'';
(9) in paragraph (21), as redesignated, by inserting at the
end the following:
``Intake or referral, by itself, does not constitute legal
assistance.'';
(10) by striking paragraph (17), as in effect before the
amendments made by this subsection;
(11) by amending paragraph (22), as redesignated, to read
as follows:
``(22) 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.'';
(12) by inserting after paragraph (22), as redesignated,
the following:
``(23) 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.
``(24) 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.'';
(13) in paragraph (25), as redesignated, by striking
``services'' and inserting ``assistance'';
(14) by inserting after paragraph (26), as redesignated,
the following:
``(27) 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
42 U.S.C. 14043g(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.'';
(15) in paragraph (28), as redesignated--
(A) in subparagraph (A), by striking ``or'' after
the semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by inserting at the end the following:
``(C) any federally recognized Indian tribe.'';
(16) in paragraph (29), as redesignated, by striking
``150,000'' and inserting ``250,000'';
(17) by inserting after paragraph (29), as redesignated,
the following:
``(30) Sex trafficking.--The term `sex trafficking' means
any conduct proscribed by 18 U.S.C. 1591, whether or not the
conduct occurs in interstate or foreign commerce or within the
special maritime and territorial jurisdiction of the United
States.'';
(18) by striking paragraph (31), as redesignated, and
inserting the following:
``(31) 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.'';
(19) by amending paragraph (41), as redesignated, to read
as follows:
``(41) 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, 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.'';
(20) by inserting after paragraph (41), as redesignated,
the following:
``(42) 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.'';
(21) by striking paragraph (36), as in effect before the
amendments made by this subsection, and inserting the
following:
``(45) 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.
``(46) 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 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.''; and
(22) by striking paragraph (47), as redesignated, and
inserting the following:
``(47) Youth.--The term `youth' means a person who is 11 to
24 years old.''.
(b) Grants Conditions.--Subsection (b) of section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925(b)) is amended--
(1) in paragraph (2)--
(A) 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.
If a minor or a person with a legally appointed
guardian is permitted by law to receive services
without the parent's or guardian's consent, the minor
or person with a guardian may release information
without additional consent.'';
(B) 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.'';
(C) by redesignating subparagraph (E) as
subparagraph (F);
(D) 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 by law, where
specifically mandated by the State or tribe
involved.''; and
(E) 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.'';
(2) 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.'';
(3) 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
(4) 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 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.
``(B) Exception.--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.
``(C) Discrimination.--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).
``(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 provided
under this title may 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 2011.
``(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;
and
``(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 paragraph (1).
``(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.''.
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
2012 through 2016'';
(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'';
(iii) by striking ``sexual assault and
domestic violence'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking''; and
(iv) by striking ``including crimes'' and
all that follows and inserting ``including
crimes of 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''; and
(iv) by striking the period at the end and
inserting a semicolon;
(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.''; and
(N) in the flush text at the end, by striking
``paragraph (14)'' and inserting ``paragraph (13)'';
(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;
``(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 striking paragraph (4);
(iii) by redesignating paragraph (3) as
paragraph (4);
(iv) 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 plans described in the Victims of
Crime Act of 1984 (42 U.S.C. 10601 et seq.) and section 393A of
the Public Health Service Act (42 U.S.C. 280b-1b).'';
(v) 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;'';
(IV) in subparagraph (C), as
redesignated by subclause (II), by
striking ``culturally specific
community based'' and inserting
``population specific''; and
(V) in subparagraph (D) as
redesignated by subclause (II) by
striking ``for'' and inserting ``to'';
and
(vi) by adding at the end the following:
``(5) not later than 3 years after the date of enactment of
this Act, and every year thereafter, not less than 25 percent
of the total amount granted to a State under this subchapter
shall be allocated for programs or projects 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
culturally'' and inserting
``population''; 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 programs 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; 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 requirements of subsection (c)(5);
``(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 subparagraphs (A) through (d) of subsection (c)(3),'';
(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);
(C) in subsection (c), by striking ``, except that
such funds'' and all that follows and inserting a
period; and
(D) by amended 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
subsection.''; and
(5) in section 2011(a)(1) (42 U.S.C. 3796gg-5(a)(1))--
(A) by inserting ``modification, enforcement,
dismissal,'' after ``registration,'' each place it
appears; and
(B) by striking ``domestic violence'' and all that
follows through ``sexual assault'' and inserting
``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, 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 officers, 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 (4)--
(I) by inserting ``modification,
enforcement, dismissal,'' after
``registration,'' each place it
appears;
(II) by inserting ``dating
violence,'' after ``domestic
violence,''; and
(III) by striking ``and'' at the
end;
(iv) in paragraph (5)--
(I) in the matter preceding
subparagraph (A), by striking ``, not
later than 3 years after the date of
enactment of this section,'';
(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'';
(v) by redesignating paragraphs (1) through
(5), as amended by this subparagraph, as
subparagraphs (A) through (E), respectively;
(vi) 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:
``grantees are--
``(1) States''; and
(vii) 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 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 ``$70,000,000 for each of
fiscal years 2012 through 2016.''; 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 or advocacy 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 2012
through 2016.''.
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. COURT TRAINING AND SUPERVISED VISITATION IMPROVEMENTS.
``(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
(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 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 organization 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 2012 through 2016. 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 2012
through 2016.''.
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
2012 through 2016''.
SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, INCLUDING
CYBERSTALKING.
Section 2261A of title 18, United States Code, is amended to read
as follows:
``Sec. 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 or 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 or 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),
shall be punished as provided in section 2261(b) of this
title.''.
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 (3) shall not apply to this grant program.
``(2) Programs covered.--The programs covered by paragraph
(2) are the programs carried out under the following
provisions:
``(A) Section 2001 of the Omnibus Crime Control and
Safe Streets Act of 1968 (STOP Grants).
``(B) Section 2101 of the Omnibus Crime Control and
Safe Streets Act of 1968 (Grants to Encourage Arrest
Policies).
``(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, 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 30
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 victim services;
``(2) strengthening the capacity of underserved populations
to provide population specific victim 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 2012 through 2016.
``(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 1401 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 40802a 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 II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
(a) Grants to States and Territories.--Section 41601(b) of the
Violence Against Women Act of 1994 (42 U.S.C. 14043g(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``governmental and non-
governmental''; and
(B) by striking ``other programs'' and all that
follows and inserting ``other nongovernmental or tribal
programs and projects to assist individuals who have
been victimized by sexual assault, without regard to
the age of the individual.'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``nonprofit,
nongovernmental organizations for programs and
activities'' and inserting ``nongovernmental or tribal
programs and activities''; and
(B) in subparagraph (C)(v), by striking
``linguistically and''; and
(3) in paragraph (4)--
(A) by inserting ``(including the District of
Columbia and Puerto Rico)'' after ``The Attorney
General shall allocate to each State'';
(B) by striking ``the District of Columbia, Puerto
Rico,'' after ``Guam'';
(C) by striking ``0.125 percent'' and inserting
``0.25 percent''; and
(D) by striking ``The District of Columbia shall be
treated as a territory for purposes of calculating its
allocation under the preceding formula.''.
(b) Authorization of Appropriations.--Section 41601(f)(1) of the
Violence Against Women Act of 1994 (42 U.S.C. 14043g(f)(1)) is amended
by striking ``$50,000,000 to remain available until expended for each
of the fiscal years 2007 through 2011'' and inserting ``$40,000,000 to
remain available until expended for each of fiscal years 2012 through
2016''.
SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.
Section 40295 of the Violence Against Women Act of 1994 (42 U.S.C.
13971) is amended--
(1) in subsection (a)(1)(H), by inserting ``, including
sexual assault forensic examiners'' before the semicolon;
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``victim advocacy groups''
and inserting ``victim service providers''; and
(ii) by inserting ``, including developing
multidisciplinary teams focusing on high risk
cases with the goal of preventing domestic and
dating violence homicides'' before the
semicolon;
(B) in paragraph (2)--
(i) by striking ``and other long- and
short-term assistance'' and inserting ``legal
assistance, and other long-term and short-term
victim and population specific services''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) developing, enlarging, or strengthening programs
addressing sexual assault, including sexual assault forensic
examiner programs, Sexual Assault Response Teams, law
enforcement training, and programs addressing rape kit
backlogs.''; and
(3) in subsection (e)(1), by striking ``$55,000,000 for
each of the fiscal years 2007 through 2011'' and inserting
``$50,000,000 for each of fiscal years 2012 through 2016''.
SEC. 203. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN WITH
DISABILITIES GRANTS.
Section 1402 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (42 U.S.C. 3796gg-7) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``(including
using evidence-based indicators to assess the risk of
domestic and dating violence homicide)'' after ``risk
reduction'';
(B) in paragraph (4), by striking ``victim service
organizations'' and inserting ``victim service
providers''; and
(C) in paragraph (5), by striking ``victim services
organizations'' and inserting ``victim service
providers'';
(2) in subsection (c)(1)(D), by striking ``nonprofit and
nongovernmental victim services organization, such as a State''
and inserting ``victim service provider, such as a State or
tribal''; and
(3) in subsection (e), by striking ``$10,000,000 for each
of the fiscal years 2007 through 2011'' and inserting
``$9,000,000 for each of fiscal years 2012 through 2016''.
SEC. 204. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN
IN LATER LIFE.
Section 40802 of the Violence Against Women Act of 1994 (42 U.S.C.
14041a) is amended to read as follows:
``SEC. 40802. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST
WOMEN IN LATER LIFE.
``(a) Definitions.--In this section--
``(1) the term `eligible entity' means an entity that--
``(A) is--
``(i) a State;
``(ii) a unit of local government;
``(iii) a tribal government or tribal
organization;
``(iv) a population specific organization
with demonstrated experience in assisting
individuals in later life;
``(v) a victim service provider; or
``(vi) a State, tribal, or territorial
domestic violence or sexual assault coalition;
and
``(B) is partnered with--
``(i) a law enforcement agency;
``(ii) an office of a prosecutor;
``(iii) a victim service provider; or
``(iv) a nonprofit program or government
agency with demonstrated experience in
assisting individuals in later life;
``(2) the term `exploitation' has the meaning given the
term in section 2011 of the Social Security Act (42 U.S.C.
1397j);
``(3) the term `later life', relating to an individual,
means the individual is 50 years of age or older; and
``(4) the term `neglect' means the failure of a caregiver
or fiduciary to provide the goods or services that are
necessary to maintain the health or safety of an individual in
later life.
``(b) Grant Program.--
``(1) Grants authorized.--The Attorney General may make
grants to eligible entities to carry out the activities
described in paragraph (2).
``(2) Mandatory and permissible activities.--
``(A) Mandatory activities.--An eligible entity
receiving a grant under this section shall use the
funds received under the grant to--
``(i) provide training programs to assist
law enforcement agencies, prosecutors, agencies
of States or units of local government,
population specific organizations, victim
service providers, victim advocates, and
relevant officers in Federal, tribal, State,
territorial, and local courts in recognizing
and addressing instances of elder abuse;
``(ii) provide or enhance services for
victims of elder abuse;
``(iii) establish or support
multidisciplinary collaborative community
responses to victims of elder abuse; and
``(iv) conduct cross-training for law
enforcement agencies, prosecutors, agencies of
States or units of local government, attorneys,
health care providers, population specific
organizations, faith-based advocates, victim
service providers, and courts to better serve
victims of elder abuse.
``(B) Permissible activities.--An eligible entity
receiving a grant under this section may use not more
than 10 percent of the funds received under the grant
to--
``(i) provide training programs to assist
attorneys, health care providers, faith-based
leaders, or other community-based organizations
in recognizing and addressing instances of
elder abuse; or
``(ii) conduct outreach activities and
awareness campaigns to ensure that victims of
elder abuse receive appropriate assistance.
``(3) Underserved populations.--In making grants under this
section, the Attorney General shall give priority to proposals
providing culturally specific or population specific services.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $6,000,000 for
each of fiscal years 2012 through 2016.''.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
SEC. 301. RAPE PREVENTION EDUCATION GRANT.
Section 393A of the Public Health Service Act (42 U.S.C. 280b-1b)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, territorial or tribal'' after ``crisis
centers, State''; and
(B) in paragraph (6), by inserting ``and alcohol''
after ``about drugs''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``$80,000,000 for
each of fiscal years 2007 through 2011'' and inserting
``$50,000,000 for each of fiscal years 2012 through
2016''; and
(B) by adding at the end the following:
``(3) Baseline funding for states, the district of
columbia, and puerto rico.--A minimum allocation of $150,000
shall be awarded in each fiscal year for each of the States,
the District of Columbia, and Puerto Rico. If any State, the
District of Columbia, or Puerto Rico does not utilize its
$150,000, such amount shall be redistributed on the basis of
population.''.
SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND
EDUCATION FOR CHILDREN AND YOUTH.
Subtitle L of the Violence Against Women Act of 1994 is amended by
striking sections 41201 through 41204 (42 U.S.C. 14043c through 14043c-
3) and inserting the following:
``SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND
EDUCATION FOR CHILDREN AND YOUTH (`CHOOSE CHILDREN &
YOUTH').
``(a) Grants Authorized.--The Attorney General, working in
collaboration with the Secretary of Health and Human Services and the
Secretary of Education, shall 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 prevent
future violence.
``(b) Program Purposes.--Funds provided under this section may be
used for the following program purpose areas:
``(1) Services to advocate for and respond to youth.--To
develop, expand, and strengthen victim-centered interventions
and services that target youth who are victims of domestic
violence, dating violence, sexual assault, and stalking.
Services may include victim services, counseling, advocacy,
mentoring, educational support, transportation, legal
assistance in civil, criminal and administrative matters, such
as family law cases, housing cases, child welfare proceedings,
campus administrative proceedings, and civil protection order
proceedings, services to address the co-occurrence of sex
trafficking, population-specific services, and other activities
that support youth in finding safety, stability, and justice
and in addressing the emotional, cognitive, and physical
effects of trauma. Funds may be used to--
``(A) assess and analyze currently available
services for youth victims of domestic violence, dating
violence, sexual assault, and stalking, determining
relevant barriers to such services in a particular
locality, and developing a community protocol to
address such problems collaboratively;
``(B) develop and implement policies, practices,
and procedures to effectively respond to domestic
violence, dating violence, sexual assault, or stalking
against youth; or
``(C) provide technical assistance and training to
enhance the ability of school personnel, victim service
providers, child protective service workers, staff of
law enforcement agencies, prosecutors, court personnel,
individuals who work in after school programs, medical
personnel, social workers, mental health personnel, and
workers in other programs that serve children and youth
to improve their ability to appropriately respond to
the needs of children and youth who are victims of
domestic violence, dating violence, sexual assault, and
stalking, and to properly refer such children, youth,
and their families to appropriate services.
``(2) Supporting youth through education and protection.--
To enable middle schools, high schools, and institutions of
higher education to--
``(A) provide training to school personnel,
including healthcare providers and security personnel,
on the needs of students who are victims of domestic
violence, dating violence, sexual assault, or stalking;
``(B) develop and implement prevention and
intervention policies in middle and high schools,
including appropriate responses to, and identification
and referral procedures for, students who are
experiencing or perpetrating domestic violence, dating
violence, sexual assault, or stalking, and procedures
for handling the requirements of court protective
orders issued to or against students;
``(C) provide support services for student victims
of domestic violence, dating violence, sexual assault
or stalking, such as a resource person who is either
on-site or on-call;
``(D) implement developmentally appropriate
educational programming for students regarding domestic
violence, dating violence, sexual assault, and stalking
and the impact of such violence on youth; or
``(E) develop strategies to increase
identification, support, referrals, and prevention
programming for youth who are at high risk of domestic
violence, dating violence, sexual assault, or stalking.
``(c) Eligible Applicants.--
``(1) In general.--To be eligible to receive a grant under
this section, an entity shall be--
``(A) a victim service provider, tribal nonprofit,
or population-specific or community-based organization
with a demonstrated history of effective work
addressing the needs of youth who are victims of
domestic violence, dating violence, sexual assault, or
stalking; or
``(B) a victim service provider that is partnered
with an entity that has a demonstrated history of
effective work addressing the needs of youth.
``(2) Partnerships.--
``(A) Education.--To be eligible to receive a grant
for the purposes described in subsection (b)(2), an
entity described in paragraph (1) shall be partnered
with a public, charter, tribal, or nationally
accredited private middle or high school, a school
administered by the Department of Defense under section
2164 of title 10, United States Code or section 1402 of
the Defense Dependents' Education Act of 1978, a group
of schools, a school district, or an institution of
higher education.
``(B) Other partnerships.--All applicants under
this section are encouraged to work in partnership with
organizations and agencies that work with the relevant
population. Such entities may include--
``(i) a State, tribe, unit of local
government, or territory;
``(ii) a population specific or community-
based organization;
``(iii) batterer intervention programs or
sex offender treatment programs with
specialized knowledge and experience working
with youth offenders; or
``(iv) any other agencies or nonprofit,
nongovernmental organizations with the capacity
to provide effective assistance to the adult,
youth, and child victims served by the
partnership.
``(d) Grantee Requirements.--Applicants for grants under this
section shall establish and implement policies, practices, and
procedures that--
``(1) require and include appropriate referral systems for
child and youth victims;
``(2) protect the confidentiality and privacy of child and
youth victim information, particularly in the context of
parental or third party involvement and consent, mandatory
reporting duties, and working with other service providers all
with priority on victim safety and autonomy; and
``(3) ensure that all individuals providing intervention or
prevention programming to children or youth through a program
funded under this section have completed, or will complete,
sufficient training in connection with domestic violence,
dating violence, sexual assault and stalking.
``(e) Definitions and Grant Conditions.--In this section, the
definitions and grant conditions provided for in section 40002 shall
apply.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000 for each of fiscal
years 2012 through 2016.
``(g) Allotment.--
``(1) In general.--Not less than 50 percent of the total
amount appropriated under this section for each fiscal year
shall be used for the purposes described in subsection (b)(1).
``(2) Indian tribes.--Not less than 10 percent of the total
amount appropriated under this section for each fiscal year
shall be made available for grants under the program authorized
by section 2015 of the Omnibus Crime Control and Safe Streets
Act of 1968.
``(h) Priority.--The Attorney General shall prioritize grant
applications under this section that coordinate with prevention
programs in the community.''.
SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
Section 304 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045b) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``stalking on campuses,
and'' and inserting ``stalking on campuses,'';
(ii) by striking ``crimes against women
on'' and inserting ``crimes on''; and
(iii) by inserting ``, and to develop and
strengthen prevention education and awareness
programs'' before the period; and
(B) in paragraph (2), by striking ``$500,000'' and
inserting ``$300,000'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by inserting ``, strengthen,'' after
``To develop''; and
(ii) by inserting ``including the use of
technology to commit these crimes,'' after
``sexual assault and stalking,'';
(B) in paragraph (4)--
(i) by inserting ``and population specific
services'' after ``strengthen victim services
programs'';
(ii) by striking ``entities carrying out''
and all that follows through ``stalking victim
services programs'' and inserting ``victim
service providers''; and
(iii) by inserting ``, regardless of
whether the services are provided by the
institution or in coordination with community
victim service providers'' before the period at
the end; and
(C) by adding at the end the following:
``(9) To develop or adapt and provide developmental,
culturally appropriate, and linguistically accessible print or
electronic materials to address both prevention and
intervention in domestic violence, dating violence, sexual
violence, and stalking.
``(10) To develop or adapt population specific strategies
and projects for victims of domestic violence, dating violence,
sexual assault, and stalking from underserved populations on
campus.'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``any
non-profit'' and all that follows through
``victim services programs'' and inserting
``victim service providers'';
(ii) by redesignating subparagraphs (D)
through (F) as subparagraphs (E) through (G),
respectively; and
(iii) by inserting after subparagraph (C),
the following:
``(D) describe how underserved populations in the
campus community will be adequately served, including
the provision of relevant population specific
services;''; and
(B) in paragraph (3), by striking ``2007 through
2011'' and inserting ``2012 through 2016'';
(4) in subsection (d)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2), the
following:
``(3) Grantee minimum requirements.--Each grantee shall
comply with the following minimum requirements during the grant
period:
``(A) The grantee shall create a coordinated
community response including both organizations
external to the institution and relevant divisions of
the institution.
``(B) The grantee shall establish a mandatory
prevention and education program on domestic violence,
dating violence, sexual assault, and stalking for all
incoming students.
``(C) The grantee shall train all campus law
enforcement to respond effectively to domestic
violence, dating violence, sexual assault, and
stalking.
``(D) The grantee shall train all members of campus
disciplinary boards to respond effectively to
situations involving domestic violence, dating
violence, sexual assault, or stalking.''; and
(5) in subsection (e), by striking ``there are'' and all
that follows through the period and inserting ``there is
authorized to be appropriated $12,000,000 for each of fiscal
years 2012 through 2016.''.
SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE,
AND STALKING EDUCATION AND PREVENTION.
(a) In General.--Section 485(f) of the Higher Education Act of 1965
(20 U.S.C. 1092(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C)(iii), by striking the
period at the end and inserting ``, when the victim of
such crime elects or is unable to make such a
report.''; and
(B) in subparagraph (F)--
(i) in clause (i)(VIII), by striking
``and'' after the semicolon;
(ii) in clause (ii)--
(I) by striking ``sexual
orientation'' and inserting ``national
origin, sexual orientation, gender
identity,''; and
(II) by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) of domestic violence, dating
violence, and stalking incidents that were
reported to campus security authorities or
local police agencies.'';
(2) in paragraph (3), by inserting ``, that withholds the
names of victims as confidential,'' after ``that is timely'';
(3) in paragraph (6)(A)--
(A) by redesignating clauses (i), (ii), and (iii)
as clauses (ii), (iii), and (iv), respectively;
(B) by inserting before clause (ii), as
redesignated by subparagraph (A), the following:
``(i) The terms `dating violence', `domestic violence', and
`stalking' have the meaning given such terms in section
40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)).''; and
(C) by inserting after clause (iv), as redesignated
by subparagraph (A), the following:
``(v) The term `sexual assault' means an offense classified
as a forcible or nonforcible sex offense under the uniform
crime reporting system of the Federal Bureau of
Investigation.'';
(4) in paragraph (7)--
(A) by striking ``paragraph (1)(F)'' and inserting
``clauses (i) and (ii) of paragraph (1)(F)''; and
(B) by inserting after ``Hate Crime Statistics
Act.'' the following: ``For the offenses of domestic
violence, dating violence, and stalking, such
statistics shall be compiled in accordance with the
definitions used in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)).'';
(5) by striking paragraph (8) and inserting the following:
``(8)(A) Each institution of higher education participating in any
program under this title and title IV of the Economic Opportunity Act
of 1964, other than a foreign institution of higher education, shall
develop and distribute as part of the report described in paragraph (1)
a statement of policy regarding--
``(i) such institution's programs to prevent domestic
violence, dating violence, sexual assault, and stalking; and
``(ii) the procedures that such institution will follow
once an incident of domestic violence, dating violence, sexual
assault, or stalking has been reported.
``(B) The policy described in subparagraph (A) shall address the
following areas:
``(i) Education programs to promote the awareness of rape,
acquaintance rape, domestic violence, dating violence, sexual
assault, and stalking, which shall include--
``(I) primary prevention and awareness programs for
all incoming students and new employees, which shall
include--
``(aa) a statement that the institution of
higher education prohibits the offenses of
domestic violence, dating violence, sexual
assault, and stalking;
``(bb) the definition of domestic violence,
dating violence, sexual assault, and stalking
in the applicable jurisdiction;
``(cc) the definition of consent, in
reference to sexual activity, in the applicable
jurisdiction;
``(dd) safe and positive options for
bystander intervention that may be carried out
by an individual to prevent harm or intervene
when there is a risk of domestic violence,
dating violence, sexual assault, or stalking
against a person other than such individual;
``(ee) information on risk reduction to
recognize warning signs of abusive behavior and
how to avoid potential attacks; and
``(ff) the information described in clauses
(ii) through (vii); and
``(II) ongoing prevention and awareness campaigns
for students and faculty, including information
described in items (aa) through (ff) of subclause (I).
``(ii) Possible sanctions or protective measures that such
institution may impose following a final determination of an
institutional disciplinary procedure regarding rape,
acquaintance rape, domestic violence, dating violence, sexual
assault, or stalking.
``(iii) Procedures victims should follow if a sex offense,
domestic violence, dating violence, sexual assault, or stalking
has occurred, including information in writing about--
``(I) the importance of preserving evidence as may
be necessary to the proof of criminal domestic
violence, dating violence, sexual assault, or stalking,
or in obtaining a protection order;
``(II) to whom the alleged offense should be
reported;
``(III) options regarding law enforcement and
campus authorities, including notification of the
victim's option to--
``(aa) notify proper law enforcement
authorities, including on-campus and local
police;
``(bb) be assisted by campus authorities in
notifying law enforcement authorities if the
victim so chooses; and
``(cc) decline to notify such authorities;
and
``(IV) where applicable, the rights of victims and
the institution's responsibilities regarding orders of
protection, no contact orders, restraining orders, or
similar lawful orders issued by a criminal, civil, or
tribal court.
``(iv) Procedures for institutional disciplinary action in
cases of alleged domestic violence, dating violence, sexual
assault, or stalking, which shall include a clear statement
that--
``(I) such proceedings shall--
``(aa) provide a prompt and equitable
investigation and resolution; and
``(bb) be conducted by officials who
receive annual training on the issues related
to domestic violence, dating violence, sexual
assault, and stalking and how to conduct an
investigation and hearing process that protects
the safety of victims and promotes
accountability;
``(II) the accuser and the accused are entitled to
the same opportunities to have others present during an
institutional disciplinary proceeding, including the
opportunity to be accompanied to any related meeting or
proceeding by an advisor of their choice; and
``(III) both the accuser and the accused shall be
simultaneously informed, in writing, of--
``(aa) the outcome of any institutional
disciplinary proceeding that arises from an
allegation of domestic violence, dating
violence, sexual assault, or stalking;
``(bb) the institution's procedures for the
accused and the victim to appeal the results of
the institutional disciplinary proceeding;
``(cc) of any change to the results that
occurs prior to the time that such results
become final; and
``(dd) when such results become final.
``(v) Information about how the institution will protect
the confidentiality of victims, including how publicly-
available recordkeeping will be accomplished without the
inclusion of identifying information about the victim, to the
extent permissible by law.
``(vi) Notification of students about existing counseling,
health, mental health, victim advocacy, legal assistance, and
other services available for victims both on-campus and in the
community.
``(vii) Notification of victims about options for, and
available assistance in, changing academic, living,
transportation, and working situations, if so requested by the
victim and if such accommodations are reasonably available,
regardless of whether the victim chooses to report the crime to
campus police or local law enforcement.
``(C) A student or employee who reports to an institution of higher
education that the student or employee has been a victim of domestic
violence, dating violence, sexual assault, or stalking, whether the
offense occurred on or off campus, shall be provided with a written
explanation of the student or employee's rights and options, as
described in clauses (ii) through (vii) of subparagraph (B).'';
(6) in paragraph (9), by striking ``The Secretary'' and
inserting ``The Secretary, in consultation with the Attorney
General of the United States,'';
(7) by striking paragraph (16) and inserting the following:
``(16)(A) The Secretary shall seek the advice and counsel of the
Attorney General of the United States concerning the development, and
dissemination to institutions of higher education, of best practices
information about campus safety and emergencies.
``(B) The Secretary shall seek the advice and counsel of the
Attorney General of the United States and the Secretary of Health and
Human Services concerning the development, and dissemination to
institutions of higher education, of best practices information about
preventing and responding to incidents of domestic violence, dating
violence, sexual assault, and stalking, including elements of
institutional policies that have proven successful based on evidence-
based outcome measurements.''; and
(8) by striking paragraph (17) and inserting the following:
``(17) No officer, employee, or agent of an institution
participating in any program under this title shall retaliate,
intimidate, threaten, coerce, or otherwise discriminate against any
individual for exercising their rights or responsibilities under any
provision of this subsection.''.
(b) Effective Date.--The amendments made by this section shall take
effect with respect to the annual security report under section
485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1))
prepared by an institution of higher education 1 calendar year after
the date of enactment of this Act, and each subsequent calendar year.
TITLE IV--VIOLENCE REDUCTION PRACTICES
SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
Section 402(c) of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 280b-4(c)) is amended by
striking ``$2,000,000 for each of the fiscal years 2007 through 2011''
and inserting ``$1,000,000 for each of the fiscal years 2012 through
2016''.
SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION
GRANTS.
(a) SMART Prevention.--Section 41303 of the Violence Against Women
Act of 1994 (42 U.S.C. 14043d-2) is amended to read as follows:
``SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION
(SMART PREVENTION).
``(a) Grants Authorized.--The Attorney General, in consultation
with the Secretary of Health and Human Services and the Secretary of
Education, is authorized to award grants for the purpose of preventing
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.
``(b) Use of Funds.--Funds provided under this section may be used
for the following purposes:
``(1) Tenn dating violence awareness and prevention.--To
develop, maintain, or enhance programs that change attitudes
and behaviors around the acceptability of domestic violence,
dating violence, sexual assault, and stalking and provide
education and skills training to young individuals and
individuals who influence young individuals. The prevention
program may use evidence-based, evidence-informed, or
innovative strategies and practices focused on youth. Such a
program should include--
``(A) age and developmentally-appropriate education
on domestic violence, dating violence, sexual assault,
stalking, and sexual coercion, as well as healthy
relationship skills, in school, in the community, or in
health care settings;
``(B) community-based collaboration and training
for those with influence on youth, such as parents,
teachers, coaches, healthcare providers, faith-leaders,
older teens, and mentors;
``(C) education and outreach to change
environmental factors contributing to domestic
violence, dating violence, sexual assault, and
stalking; and
``(D) policy development targeted to prevention,
including school-based policies and protocols.
``(2) Children exposed to violence and abuse.--To develop,
maintain or enhance programs designed to prevent future
incidents of domestic violence, dating violence, sexual
assault, and stalking by preventing, reducing and responding to
children's exposure to violence in the home. Such programs may
include--
``(A) providing services for children exposed to
domestic violence, dating violence, sexual assault or
stalking, including direct counseling or advocacy, and
support for the non-abusing parent; and
``(B) training and coordination for educational,
after-school, and childcare programs on how to safely
and confidentially identify children and families
experiencing domestic violence, dating violence, sexual
assault, or stalking and properly refer children
exposed and their families to services and violence
prevention programs.
``(3) Engaging men as leaders and role models.--To develop,
maintain or enhance programs that work with men to prevent
domestic violence, dating violence, sexual assault, and
stalking by helping men to serve as role models and social
influencers of other men and youth at the individual, school,
community or statewide levels.
``(c) Eligible Entities.--To be an eligible to receive a grant
under this section, an entity shall be--
``(1) a victim service provider, community-based
organization, tribe or tribal organization, or other non-
profit, nongovernmental organization that has a history of
effective work preventing domestic violence, dating violence,
sexual assault, or stalking and expertise in the specific area
for which they are applying for funds; or
``(2) a partnership between a victim service provider,
community-based organization, tribe or tribal organization, or
other non-profit, nongovernmental organization that has a
history of effective work preventing domestic violence, dating
violence, sexual assault, or stalking and at least one of the
following that has expertise in serving children exposed to
domestic violence, dating violence, sexual assault, or
stalking, youth domestic violence, dating violence, sexual
assault, or stalking prevention, or engaging men to prevent
domestic violence, dating violence, sexual assault, or
stalking:
``(A) A public, charter, tribal, or nationally
accredited private middle or high school, a school
administered by the Department of Defense under section
2164 of title 10, United States Code or section 1402 of
the Defense Dependents' Education Act of 1978, a group
of schools, or a school district.
``(B) A local community-based organization,
population-specific organization, or faith-based
organization that has established expertise in
providing services to youth.
``(C) A community-based organization, population-
specific organization, university or health care
clinic, faith-based organization, or other non-profit,
nongovernmental organization with a demonstrated
history of effective work addressing the needs of
children exposed to domestic violence, dating violence,
sexual assault, or stalking.
``(D) A nonprofit, nongovernmental entity providing
services for runaway or homeless youth affected by
domestic violence, dating violence, sexual assault, or
stalking.
``(E) Healthcare entities eligible for
reimbursement under title XVIII of the Social Security
Act, including providers that target the special needs
of children and youth.
``(F) Any other agencies, population-specific
organizations, or nonprofit, nongovernmental
organizations with the capacity to provide necessary
expertise to meet the goals of the program.
``(d) Grantee Requirements.--
``(1) In general.--Applicants for grants under this section
shall prepare and submit to the Director an application at such
time, in such manner, and containing such information as the
Director may require that demonstrates the capacity of the
applicant and partnering organizations to undertake the
project.
``(2) Policies and procedures.--Applicants under this
section shall establish and implement policies, practices, and
procedures that--
``(A) include appropriate referral systems to
direct any victim identified during program activities
to highly qualified follow-up care;
``(B) protect the confidentiality and privacy of
adult and youth victim information, particularly in the
context of parental or third party involvement and
consent, mandatory reporting duties, and working with
other service providers;
``(C) ensure that all individuals providing
prevention programming through a program funded under
this section have completed or will complete sufficient
training in connection with domestic violence, dating
violence, sexual assault or stalking; and
``(D) document how prevention programs are
coordinated with service programs in the community.
``(3) Preference.--In selecting grant recipients under this
section, the Attorney General shall give preference to
applicants that--
``(A) include outcome-based evaluation; and
``(B) identify any other community, school, or
State-based efforts that are working on domestic
violence, dating violence, sexual assault, or stalking
prevention and explain how the grantee or partnership
will add value, coordinate with other programs, and not
duplicate existing efforts.
``(e) Definitions and Grant Conditions.--In this section, the
definitions and grant conditions provided for in section 40002 shall
apply.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000 for each of fiscal
years 2012 through 2016. Amounts appropriated under this section may
only be used for programs and activities described under this section.
``(g) Allotment.--
``(1) In general.--Not less than 25 percent of the total
amounts appropriated under this section in each fiscal year
shall be used for each set of purposes described in paragraphs
(1), (2), and (3) of subsection (a).
``(2) Indian tribes.--Not less than 10 percent of the total
amounts appropriated under this section in each fiscal year
shall be made available for grants to Indian tribes or tribal
organizations. If an insufficient number of applications are
received from Indian tribes or tribal organizations, such funds
shall be allotted to other population-specific programs.''.
(b) Repeals.--The following provisions are repealed:
(1) Sections 41304 and 41305 of the Violence Against Women
Act of 1994 (42 U.S.C. 14043d-3 and 14043d-4).
(2) Section 403 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
14045c).
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.
(a) Grants.--Section 399P of the Public Health Service Act (42
U.S.C. 280g-4) is amended to read as follows:
``SEC. 399P. GRANTS TO STRENGTHEN THE HEALTHCARE SYSTEM'S RESPONSE TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
``(a) In General.--The Secretary shall award grants for--
``(1) the development or enhancement and implementation of
interdisciplinary training for health professionals, public
health staff, and allied health professionals;
``(2) the development or enhancement and implementation of
education programs for medical, nursing, dental, and other
health profession students and residents to prevent and respond
to domestic violence, dating violence, sexual assault, and
stalking; and
``(3) the development or enhancement and implementation of
comprehensive statewide strategies to improve the response of
clinics, public health facilities, hospitals, and other health
settings (including behavioral and mental health programs) to
domestic violence, dating violence, sexual assault, and
stalking.
``(b) Use of Funds.--
``(1) Required uses.--Amounts provided under a grant under
this section shall be used to--
``(A) fund interdisciplinary training and education
programs under paragraphs (1) and (2) of subsection (a)
that--
``(i) are designed to train medical,
psychology, dental, social work, nursing, and
other health profession students, interns,
residents, fellows, or current health care
providers to identify and provide health care
services (including mental or behavioral health
care services and referrals to appropriate
community services) to individuals who are or
who have been victims of domestic violence,
dating violence, sexual assault, or stalking;
and
``(ii) plan and develop culturally
competent clinical training components for
integration into approved internship,
residency, and fellowship training or
continuing medical or other health education
training that address physical, mental, and
behavioral health issues, including protective
factors, related to domestic violence, dating
violence, sexual assault, stalking, and other
forms of violence and abuse, focus on reducing
health disparities and preventing violence and
abuse, and include the primacy of victim safety
and confidentiality;
``(B) design and implement comprehensive strategies
to improve the response of the health care system to
domestic or sexual violence in clinical and public
health settings, hospitals, clinics, and other health
settings (including behavioral and mental health),
under subsection (a)(3) through--
``(i) the implementation, dissemination,
and evaluation of policies and procedures to
guide health professionals and public health
staff in identifying and responding to domestic
violence, dating violence, sexual assault, and
stalking, including strategies to ensure that
health information is maintained in a manner
that protects the patient's privacy and safety,
and safely uses health information technology
to improve documentation, identification,
assessment, treatment, and follow-up care;
``(ii) the development of on-site access to
services to address the safety, medical, and
mental health needs of patients by increasing
the capacity of existing health care
professionals and public health staff to
address domestic violence, dating violence,
sexual assault, and stalking, or by contracting
with or hiring domestic or sexual assault
advocates to provide such services or to model
other services appropriate to the geographic
and cultural needs of a site;
``(iii) the development of measures and
methods for the evaluation of the practice of
identification, intervention, and documentation
regarding victims of domestic violence, dating
violence, sexual assault, and stalking,
including the development and testing of
quality improvement measurements; and
``(iv) the provision of training and
follow-up technical assistance to health care
professionals, and public health staff, and
allied health professionals to identify,
assess, treat, and refer clients who are
victims of domestic violence, dating violence,
sexual assault, or stalking, including using
tools and training materials already developed.
``(2) Permissible uses.--
``(A) Child and elder abuse.--To the extent
consistent with the purpose of this section, a grantee
may use amounts received under this section to address,
as part of a comprehensive programmatic approach
implemented under the grant, issues relating to child
or elder abuse.
``(B) Rural areas.--Grants funded under paragraphs
(1) and (2) of subsection (a) may be used to offer to
rural areas community-based training opportunities,
which may include the use of distance learning networks
and other available technologies needed to reach
isolated rural areas, for medical, nursing, and other
health profession students and residents on domestic
violence, dating violence, sexual assault, stalking,
and, as appropriate, other forms of violence and abuse.
``(C) Other uses.--Grants funded under subsection
(a)(3) may be used for--
``(i) the development of training modules
and policies that address the overlap of child
abuse, domestic violence, dating violence,
sexual assault, and stalking and elder abuse,
as well as childhood exposure to domestic and
sexual violence;
``(ii) the development, expansion, and
implementation of sexual assault forensic
medical examination or sexual assault nurse
examiner programs;
``(iii) the inclusion of the health effects
of lifetime exposure to violence and abuse as
well as related protective factors and
behavioral risk factors in health professional
training schools including medical, dental,
nursing, social work, and mental and behavioral
health curricula, and allied health service
training courses; or
``(iv) the integration of knowledge of
domestic violence, dating violence, sexual
assault, and stalking into health care
accreditation and professional licensing
examinations, such as medical, dental, social
work, and nursing boards, and where
appropriate, other allied health exams.
``(c) Requirements for Grantees.--
``(1) Confidentiality and safety.--
``(A) In general.--Grantees under this section
shall ensure that all programs developed with grant
funds address issues of confidentiality and patient
safety and comply with applicable confidentiality and
nondisclosure requirements under section 40002(b)(2) of
the Violence Against Women Act of 1994 and the Family
Violence Prevention and Services Act, and that faculty
and staff associated with delivering educational
components are fully trained in procedures that will
protect the immediate and ongoing security and
confidentiality of the patients, patient records, and
staff. Such grantees shall consult entities with
demonstrated expertise in the confidentiality and
safety needs of victims of domestic violence, dating
violence, sexual assault, and stalking on the
development and adequacy of confidentially and security
procedures, and provide documentation of such
consultation.
``(B) Advance notice of information disclosure.--
Grantees under this section shall provide to patients
advance notice about any circumstances under which
information may be disclosed, such as mandatory
reporting laws, and shall give patients the option to
receive information and referrals without affirmatively
disclosing abuse.
``(2) Limitation on administrative expenses.--A grantee
shall use not more than 10 percent of the amounts received
under a grant under this section for administrative expenses.
``(3) Application.--
``(A) Preference.--In selecting grant recipients
under this section, the Secretary shall give preference
to applicants based on the strength of their evaluation
strategies, with priority given to outcome based
evaluations.
``(B) Subsection (a)(1) and (2) grantees.--
Applications for grants under paragraphs (1) and (2) of
subsection (a) shall include--
``(i) documentation that the applicant
represents a team of entities working
collaboratively to strengthen the response of
the health care system to domestic violence,
dating violence, sexual assault, or stalking,
and which includes at least one of each of--
``(I) an accredited school of
allopathic or osteopathic medicine,
psychology, nursing, dentistry, social
work, or other health field;
``(II) a health care facility or
system; or
``(III) a government or nonprofit
entity with a history of effective work
in the fields of domestic violence,
dating violence, sexual assault, or
stalking; and
``(ii) strategies for the dissemination and
sharing of curricula and other educational
materials developed under the grant, if any,
with other interested health professions
schools and national resource repositories for
materials on domestic violence, dating
violence, sexual assault, and stalking.
``(C) Subsection (a)(3) grantees.--An entity
desiring a grant under subsection (a)(3) shall submit
an application to the Secretary at such time, in such a
manner, and containing such information and assurances
as the Secretary may require, including--
``(i) documentation that all training,
education, screening, assessment, services,
treatment, and any other approach to patient
care will be informed by an understanding of
violence and abuse victimization and trauma-
specific approaches that will be integrated
into prevention, intervention, and treatment
activities;
``(ii) strategies for the development and
implementation of policies to prevent and
address domestic violence, dating violence,
sexual assault, and stalking over the lifespan
in health care settings;
``(iii) a plan for consulting with State
and tribal domestic violence or sexual assault
coalitions, national nonprofit victim advocacy
organizations, State or tribal law enforcement
task forces (where appropriate), and population
specific organizations with demonstrated
expertise in domestic violence, dating
violence, sexual assault, or stalking;
``(iv) with respect to an application for a
grant under which the grantee will have contact
with patients, a plan, developed in
collaboration with local victim service
providers, to respond appropriately to and make
correct referrals for individuals who disclose
that they are victims of domestic violence,
dating violence, sexual assault, stalking, or
other types of violence, and documentation
provided by the grantee of an ongoing
collaborative relationship with a local victim
service provider; and
``(v) with respect to an application for a
grant proposing to fund a program described in
subsection (b)(2)(C)(ii), a certification that
any sexual assault forensic medical examination
and sexual assault nurse examiner programs
supported with such grant funds will adhere to
the guidelines set forth by the Attorney
General.
``(d) Eligible Entities.--
``(1) In general.--To be eligible to receive funding under
paragraph (1) or (2) of subsection (a), an entity shall be--
``(A) a nonprofit organization with a history of
effective work in the field of training health
professionals with an understanding of, and clinical
skills pertinent to, domestic violence, dating
violence, sexual assault, or stalking, and lifetime
exposure to violence and abuse;
``(B) an accredited school of allopathic or
osteopathic medicine, psychology, nursing, dentistry,
social work, or allied health;
``(C) a health care provider membership or
professional organization, or a health care system; or
``(D) a State, tribal, territorial, or local
entity.
``(2) Subsection (a)(3) grantees.--To be eligible to
receive funding under subsection (a)(3), an entity shall be--
``(A) a State department (or other division) of
health, a State, tribal, or territorial domestic
violence or sexual assault coalition or victim service
provider, or any other nonprofit, nongovernmental
organization with a history of effective work in the
fields of domestic violence, dating violence, sexual
assault, or stalking, and health care, including
physical or mental health care; or
``(B) a local victim service provider, a local
department (or other division) of health, a local
health clinic, hospital, or health system, or any other
community-based organization with a history of
effective work in the field of domestic violence,
dating violence, sexual assault, or stalking and health
care, including physical or mental health care.
``(e) Technical Assistance.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may make grants
or enter into contracts to provide technical assistance with
respect to the planning, development, and operation of any
program, activity or service carried out pursuant to this
section. Not more than 8 percent of the funds appropriated
under this section in each fiscal year may be used to fund
technical assistance under this subsection.
``(2) Availability of materials.--The Secretary shall make
publicly available materials developed by grantees under this
section, including materials on training, best practices, and
research and evaluation.
``(3) Reporting.--The Secretary shall publish a biennial
report on--
``(A) the distribution of funds under this section;
and
``(B) the programs and activities supported by such
funds.
``(f) Research and Evaluation.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may use not
more than 20 percent to make a grant or enter into a contract
for research and evaluation of--
``(A) grants awarded under this section; and
``(B) other training for health professionals and
effective interventions in the health care setting that
prevent domestic violence, dating violence, and sexual
assault across the lifespan, prevent the health effects
of such violence, and improve the safety and health of
individuals who are currently being victimized.
``(2) Research.--Research authorized in paragraph (1) may
include--
``(A) research on the effects of domestic violence,
dating violence, sexual assault, and childhood exposure
to domestic, dating or sexual violence on health
behaviors, health conditions, and health status of
individuals, families, and populations, including
underserved populations;
``(B) research to determine effective health care
interventions to respond to and prevent domestic
violence, dating violence, sexual assault, and
stalking;
``(C) research on the impact of domestic, dating
and sexual violence, childhood exposure to such
violence, and stalking on the health care system,
health care utilization, health care costs, and health
status; and
``(D) research on the impact of adverse childhood
experiences on adult experience with domestic violence,
dating violence, sexual assault, stalking, and adult
health outcomes, including how to reduce or prevent the
impact of adverse childhood experiences through the
health care setting.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for each of fiscal
years 2012 through 2016.
``(h) Definitions.--Except as otherwise provided herein, the
definitions provided for in section 40002 of the Violence Against Women
Act of 1994 shall apply to this section.''.
(b) Repeals.--The following provisions are repealed:
(1) Section 40297 of the Violence Against Women Act of 1994
(42 U.S.C. 13973).
(2) Section 758 of the Public Health Service Act (42 U.S.C.
294h).
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.
(a) Amendment.--Subtitle N of the Violence Against Women Act of
1994 (42 U.S.C. 14043e et seq.) is amended--
(1) by inserting after the subtitle heading the following:
``CHAPTER 1--GRANT PROGRAMS'';
(2) in section 41402 (42 U.S.C. 14043e-1), in the matter
preceding paragraph (1), by striking ``subtitle'' and inserting
``chapter'';
(3) in section 41403 (42 U.S.C. 14043e-2), in the matter
preceding paragraph (1), by striking ``subtitle'' and inserting
``chapter''; and
(4) by adding at the end the following:
``CHAPTER 2--HOUSING RIGHTS
``SEC. 41411. HOUSING RIGHTS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING.
``(a) Definitions.--In this chapter:
``(1) Appropriate agency.--The term `appropriate agency'
means, with respect to a covered housing program, the Executive
department (as defined in section 101 of title 5, United States
Code) that carries out the covered housing program.
``(2) Covered housing program.--The term `covered housing
program' means--
``(A) the program under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q);
``(B) the program under section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013);
``(C) the program under subtitle D of title VIII of
the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12901 et seq.);
``(D) the program under subtitle A of title IV of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360 et seq.);
``(E) the program under subtitle A of title II of
the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12741 et seq.);
``(F) the program under paragraph (3) of section
221(d) of the National Housing Act (12 U.S.C. 1715l(d))
that bears interest at a rate determined under the
proviso under paragraph (5) of such section 221(d);
``(G) the program under section 236 of the National
Housing Act (12 U.S.C. 1715z-1);
``(H) the programs under sections 6 and 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437d and
1437f);
``(I) rural housing assistance provided under
sections 514, 515, 516, 533, and 538 of the Housing Act
of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m, and 1490p-
2); and
``(J) the low income housing tax credit program
under section 42 of the Internal Revenue Code of 1986.
``(3) Immediate family member.--The term `immediate family
member' means, with respect to an individual--
``(A) a spouse, parent, brother, sister, or child
of that individual, or an individual to whom such
individual stands in loco parentis;
``(B) any individual living in the household of
such individual who is related to such individual by
blood or marriage; or
``(C) any individual living in the household of
such individual who is related to such individual by
affinity whose close association or intimate
relationship with such individual is the equivalent of
a family relationship.
``(b) Prohibited Basis for Denial or Termination of Assistance or
Eviction.--
``(1) In general.--An applicant for or tenant of housing
assisted under a covered housing program may not be denied
admission to, denied assistance under, terminated from
participation in, or evicted from the housing on the basis that
the applicant or tenant is or has been a victim of domestic
violence, dating violence, sexual assault, or stalking, if the
applicant or tenant otherwise qualifies for admission,
assistance, participation, or occupancy.
``(2) Construction of lease terms.--An incident of actual
or threatened domestic violence, dating violence, sexual
assault, or stalking shall not be construed as--
``(A) a serious or repeated violation of a lease
for housing assisted under a covered housing program by
the victim or threatened victim of such incident; or
``(B) good cause for terminating the assistance,
tenancy, or occupancy rights to housing assisted under
a covered housing program of the victim or threatened
victim of such incident.
``(3) Termination on the basis of criminal activity.--
``(A) Denial of assistance, tenancy, and occupancy
rights prohibited.--No person may deny assistance,
tenancy, or occupancy rights to housing assisted under
a covered housing program to a tenant solely on the
basis of criminal activity directly relating to
domestic violence, dating violence, sexual assault, or
stalking that is engaged in by a member of the
household of the tenant or any guest or other person
under the control of the tenant, if the tenant or an
immediate family member of the tenant is the victim or
threatened victim of such domestic violence, dating
violence, sexual assault, or stalking.
``(B) Bifurcation.--
``(i) In general.--Notwithstanding
subparagraph (A), an owner or manager of
housing assisted under a covered housing
program may bifurcate a lease for the housing
in order to evict, remove, or terminate
assistance to any individual who is a tenant or
lawful occupant of the housing and who engages
in criminal activity directly relating to
domestic violence, dating violence, sexual
assault, or stalking against an immediate
family member or other individual, without
evicting, removing, terminating assistance to,
or otherwise penalizing a victim of such
criminal activity who is also a tenant or
lawful occupant of the housing.
``(ii) Effect of eviction on other
tenants.--If an owner or manager of housing
assisted under a covered housing program
evicts, removes, or terminates assistance to an
individual under clause (i), and the individual
is the sole tenant eligible to receive
assistance under a covered housing program, the
owner or manager of housing assisted under the
covered housing program shall provide any
remaining tenant an opportunity to establish
eligibility for the covered housing program. If
a tenant described in the preceding sentence
cannot establish eligibility, the owner or
manager of the housing shall provide the tenant
a reasonable time, as determined by the
appropriate agency, to find new housing or to
establish eligibility for housing under another
covered housing program.
``(C) Rules of construction.--Nothing in
subparagraph (A) shall be construed--
``(i) to limit the authority of an owner or
manager of housing assisted under a covered
housing program, when notified of a court
order, to comply with a court order with
respect to--
``(I) the rights of access to or
control of property, including civil
protection orders issued to protect a
victim of domestic violence, dating
violence, sexual assault, or stalking;
or
``(II) the distribution or
possession of property among members of
a household in a case;
``(ii) to limit any otherwise available
authority of an owner or manager of housing
assisted under a covered housing program to
evict or terminate assistance to a tenant for
any violation of a lease not premised on the
act of violence in question against the tenant
or an immediate family member of the tenant, if
the owner or manager does not subject an
individual who is or has been a victim of
domestic violence, dating violence, or stalking
to a more demanding standard than other tenants
in determining whether to evict or terminate;
``(iii) to limit the authority to terminate
assistance to a tenant or evict a tenant from
housing assisted under a covered housing
program if the owner or manager of the housing
can demonstrate that an actual and imminent
threat to other tenants or individuals employed
at or providing service to the property would
be present if the assistance is not terminated
or the tenant is not evicted; or
``(iv) to supersede any provision of any
Federal, State, or local law that provides
greater protection than this section for
victims of domestic violence, dating violence,
sexual assault, or stalking.
``(c) Documentation.--
``(1) Request for documentation.--If an applicant for or
tenant of housing assisted under a covered housing program
represents to the owner or manager of the housing that the
individual is entitled to protection under subsection (b), the
owner or manager may request, in writing, that the tenant
submit to the owner or manager a form of documentation
described in paragraph (3).
``(2) Failure to provide certification.--If a tenant does
not provide the documentation requested under paragraph (1)
within 14 business days after the tenant receives a request in
writing for such certification from the owner or manager of the
housing, nothing in this chapter may be construed to limit the
authority of the owner or manager to evict any tenant or lawful
occupant that commits violations of a lease. The owner or
manager of the housing may extend the 14-day deadline at its
discretion.
``(3) Form of documentation.--A form of documentation
described in this paragraph is--
``(A) a certification form approved by the
appropriate agency that--
``(i) states that an applicant or tenant is
a victim of domestic violence, dating violence,
sexual assault, or stalking;
``(ii) states that the incident of domestic
violence, dating violence, sexual assault, or
stalking that is the ground for protection
under subsection (b) meets the requirements
under subsection (b); and
``(iii) at the option of the applicant or
tenant, includes the name of the individual who
committed the domestic violence, dating
violence, sexual assault, or stalking;
``(B) a document that--
``(i) is signed by--
``(I) an employee, agent, or
volunteer of a victim service provider,
an attorney, a medical professional, or
a mental health professional from whom
an applicant or tenant has sought
assistance relating to domestic
violence, dating violence, sexual
assault, or stalking, or the effects of
the abuse; and
``(II) the applicant or tenant; and
``(ii) states under penalty of perjury that
the individual described in clause (i)(I)
believes that the incident of domestic
violence, dating violence, sexual assault, or
stalking that is the ground for protection
under subsection (b) meets the requirements
under subsection (b);
``(C) a record of a Federal, State, tribal,
territorial, or local law enforcement agency, court, or
administrative agency; or
``(D) at the discretion of an owner or manager of
housing assisted under a covered housing program, a
statement or other evidence provided by an applicant or
tenant.
``(4) Confidentiality.--Any information submitted to an
owner or manager under this subsection, including the fact that
an individual is a victim of domestic violence, dating
violence, sexual assault, or stalking shall be maintained in
confidence by the owner or manager and may not be entered into
any shared database or disclosed to any other entity or
individual, except to the extent that the disclosure is--
``(A) requested or consented to by the individual
in writing;
``(B) required for use in an eviction proceeding
under subsection (b); or
``(C) otherwise required by applicable law.
``(5) Documentation not required.--Nothing in this
subsection shall be construed to require an owner or manager of
housing assisted under a covered housing program to request
that an individual submit documentation of the status of the
individual as a victim of domestic violence, dating violence,
sexual assault, or stalking.
``(6) Compliance not sufficient to constitute evidence of
unreasonable act.--Compliance with subsection (b) by an owner
or manager of housing assisted under a covered housing program
based on documentation received under this subsection, shall
not be sufficient to constitute evidence of an unreasonable act
or omission by the owner or manager or an employee or agent of
the owner or manager. Nothing in this paragraph shall be
construed to limit the liability of an owner or manager of
housing assisted under a covered housing program for failure to
comply with subsection (b).
``(7) Preemption.--Nothing in this subsection shall be
construed to supersede any provision of any Federal, State, or
local law that provides greater protection than this subsection
for victims of domestic violence, dating violence, sexual
assault, or stalking.
``(d) Notification.--Each owner or manager of housing assisted
under a covered housing program shall provide to each applicant for or
tenant of such housing notice of the rights of individuals under this
section, including the right to confidentiality and the limits thereof,
together with the form described in subsection (c)(3)(A)--
``(1) at the time the individual applies to live in a
dwelling unit assisted under the covered housing program;
``(2) at the time the individual is admitted to a dwelling
unit assisted under the covered housing program;
``(3) with any notification of eviction or notification of
termination of assistance;
``(4) in multiple languages, consistent with guidance
issued by the Secretary of Housing and Urban Development in
accordance with Executive Order 13166 (42 U.S.C. 2000d-1 note;
relating to access to services for persons with limited English
proficiency); and
``(5) by posting the notification in a public area of such
housing.
``(e) Emergency Transfers.--Notwithstanding any other provision of
law, each owner or manager of housing assisted under a covered program
shall adopt an emergency transfer policy for tenants who are victims of
domestic violence, dating violence, sexual assault, or stalking that--
``(1) allows tenants who are victims of domestic violence,
dating violence, sexual assault, or stalking to transfer to
another available and safe dwelling unit assisted under a
covered housing program if--
``(A) the tenant expressly requests the transfer;
and
``(B)(i) the tenant reasonably believes that the
tenant is threatened with imminent harm from further
violence if the tenant remains within the same dwelling
unit assisted under a covered housing program; or
``(ii) in the case of a tenant who is a victim of
sexual assault, the sexual assault occurred on the
premises during the 90 day period preceding the request
for transfer; and
``(2) incorporates reasonable confidentiality measures to
ensure that the owner or manager does not disclose the location
of the dwelling unit of a tenant to a person that commits an
act of domestic violence, dating violence, sexual assault, or
stalking against the tenant.
``(f) Policies and Procedures for Emergency Transfer.--The
Secretary of Housing and Urban Development shall establish policies and
procedures under which a victim requesting an emergency transfer under
subsection (e) may receive, subject to the availability of tenant
protection vouchers, assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)).
``(g) Implementation.--The appropriate agency with respect to each
covered housing program shall implement this section, as this section
applies to the covered housing program.''.
(b) Conforming Amendments.--
(1) Section 6.--Section 6 of the United States Housing Act
of 1937 (42 U.S.C. 1437d) is amended--
(A) in subsection (c)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively;
(B) in subsection (l)--
(i) in paragraph (5), by striking ``, and
that an incident or incidents of actual or
threatened domestic violence, dating violence,
or stalking will not be construed as a serious
or repeated violation of the lease by the
victim or threatened victim of that violence
and will not be good cause for terminating the
tenancy or occupancy rights of the victim of
such violence''; and
(ii) in paragraph (6), by striking ``;
except that'' and all that follows through
``stalking.''; and
(C) by striking subsection (u).
(2) Section 8.--Section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f) is amended--
(A) in subsection (c), by striking paragraph (9);
(B) in subsection (d)(1)--
(i) in subparagraph (A), by striking ``and
that an applicant or participant is or has been
a victim of domestic violence, dating violence,
or stalking is not an appropriate basis for
denial of program assistance or for denial of
admission if the applicant otherwise qualifies
for assistance or admission''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking ``,
and that an incident or incidents of
actual or threatened domestic violence,
dating violence, or stalking will not
be construed as a serious or repeated
violation of the lease by the victim or
threatened victim of that violence and
will not be good cause for terminating
the tenancy or occupancy rights of the
victim of such violence''; and
(II) in clause (iii), by striking
``, except that:'' and all that follows
through ``stalking.'';
(C) in subsection (f)--
(i) in paragraph (6), by adding ``and'' at
the end;
(ii) in paragraph (7), by striking the
semicolon at the end and inserting a period;
and
(iii) by striking paragraphs (8), (9),
(10), and (11);
(D) in subsection (o)--
(i) in paragraph (6)(B), by striking the
last sentence;
(ii) in paragraph (7)--
(I) in subparagraph (C), by
striking ``and that an incident or
incidents of actual or threatened
domestic violence, dating violence, or
stalking shall not be construed as a
serious or repeated violation of the
lease by the victim or threatened
victim of that violence and shall not
be good cause for terminating the
tenancy or occupancy rights of the
victim of such violence''; and
(II) in subparagraph (D), by
striking ``; except that'' and all that
follows through ``stalking.''; and
(iii) by striking paragraph (20); and
(E) by striking subsection (ee).
(3) Rule of construction.--Nothing in this Act, or the
amendments made by this Act, shall be construed--
(A) to limit the rights or remedies available to
any person under section 6 or 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437d and 1437f), as in
effect on the day before the date of enactment of this
Act; or
(B) to limit any right, remedy, or procedure
otherwise available under any provision of part 5, 91,
880, 882, 883, 884, 886, 891, 903, 960, 966, 982, or
983 of title 24, Code of Federal Regulations, that--
(i) was issued under the Violence Against
Women and Department of Justice Reauthorization
Act of 2005 (Public Law 109-162; 119 Stat.
2960) or an amendment made by that Act; and
(ii) provides greater protection for
victims of domestic violence, dating violence,
sexual assault, and stalking than this Act.
SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
Chapter 11 of the Violence Against Women Act of 1994 (42 U.S.C.
13975 et seq.) is amended--
(1) in the chapter heading, by striking ``CHILD VICTIMS OF
DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT'' and inserting
``VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING''; and
(2) in section 40299 (42 U.S.C. 13975)--
(A) in the header, by striking ``child victims of
domestic violence, stalking, or sexual assault'' and
inserting ``victims of domestic violence, dating
violence, sexual assault, or stalking'';
(B) in subsection (a)(1), by striking ``fleeing'';
and
(C) in subsection (g)--
(i) in paragraph (1), by striking
``$40,000,000 for each of fiscal years 2007
through 2011'' and inserting ``$35,000,000''
for each of fiscal years 2012 through 2016; and
(ii) in paragraph (3)--
(I) in subparagraph (A), by
striking ``eligible'' and inserting
``qualified''; and
(II) by adding at the end the
following:
``(D) Qualified application defined.--In this
paragraph, the term `qualified application' means an
application that--
``(i) has been submitted by an eligible
applicant;
``(ii) does not propose any significant
activities that may compromise victim safety;
``(iii) reflects an understanding of the
dynamics of domestic violence, dating violence,
sexual assault, or stalking; and
``(iv) does not propose prohibited
activities, including mandatory services for
victims, background checks of victims, or
clinical evaluations to determine eligibility
for services.''.
SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
Subtitle N of the Violence Against Women Act of 1994 (42 U.S.C.
14043e et seq.) is amended--
(1) in section 41404(i) (42 U.S.C. 14043e-3(i)), by
striking ``$10,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$5,000,000 for each of fiscal years 2012
through 2016''; and
(2) in section 41405(g) (42 U.S.C. 14043e-4(g)), by
striking ``$10,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$5,000,000 for each of fiscal years 2012
through 2016''.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST
VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
Section 41501(e) of the Violence Against Women Act of 1994 (42
U.S.C. 14043f(e)) is amended by striking ``fiscal years 2007 through
2011'' and inserting ``fiscal years 2012 through 2016''.
TITLE VIII--PROTECTION OF BATTERED IMMIGRANTS
SEC. 801. U NONIMMIGRANT DEFINITION.
Section 101(a)(15)(U)(iii) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(U)(iii)) is amended by inserting ``dating
violence; stalking;'' after ``sexual exploitation;''.
SEC. 802. ANNUAL REPORT ON IMMIGRATION APPLICATIONS MADE BY VICTIMS OF
ABUSE.
Not later than December 1, 2012, and annually thereafter, the
Secretary of Homeland Security shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report that includes the following:
(1) The number of aliens who--
(A) submitted an application for nonimmigrant
status under paragraph (15)(T)(i), (15)(U)(i), or (51)
of section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)) during the preceding fiscal
year;
(B) were granted such nonimmigrant status during
such fiscal year; or
(C) were denied such nonimmigrant status during
such fiscal year.
(2) The mean amount of time and median amount of time to
adjudicate an application for such nonimmigrant status during
such fiscal year.
(3) The mean amount of time and median amount of time
between the receipt of an application for such nonimmigrant
status and the issuance of work authorization to an eligible
applicant during the preceding fiscal year.
(4) The number of aliens granted continued presence in the
United States under section 107(c)(3) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) during
the preceding fiscal year.
(5) A description of any actions being taken to reduce the
adjudication and processing time, while ensuring the safe and
competent processing, of an application described in paragraph
(1) or a request for continued presence referred to in
paragraph (4).
SEC. 803. PROTECTION FOR CHILDREN OF VAWA SELF-PETITIONERS.
Section 204(l)(2) of the Immigration and Nationality Act (8 U.S.C.
1154(l)(2)) is amended--
(1) in subparagraph (E), by striking ``or'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) a derivative beneficiary of an alien who was
a VAWA self-petitioner; or''.
SEC. 804. PUBLIC CHARGE.
Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(4)) is amended by adding at the end the following:
``(E) Special rule for qualified alien victims.--
Subparagraphs (A), (B), and (C) shall not apply to an
alien who--
``(i) is a VAWA self-petitioner;
``(ii) is an applicant for, or is granted,
nonimmigrant status under section
101(a)(15)(U); or
``(iii) is a qualified alien described in
section 431(c) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1641(c)).''.
SEC. 805. REQUIREMENTS APPLICABLE TO U VISAS.
(a) Petitioning Procedures for Section 101(a)(15)(U) Visas.--
Paragraph (1) of section 214(p) of the Immigration and Nationality Act
(8 U.S.C. 1184(p)) is amended to read as follows:
``(1) Petitioning procedures for section 101(a)(15)(U)
visas.--
``(A) Certification.--The petition filed by an
alien under section 101(a)(15)(U)(i) shall contain a
certification--
``(i) from--
``(I) a Federal, State, or local
law enforcement official, prosecutor,
judge, or other Federal, State, or
local authority investigating criminal
activity described in section
101(a)(15)(U)(iii); or
``(II) an appropriate official of
the Department of Homeland Security
whose ability to provide such
certification is not limited to
information concerning immigration
violations;
``(ii) that is signed by an official with
supervisory responsibilities, but who is not
required to be the head of the certifying
agency; and
``(iii) that states the alien has been
helpful, is being helpful, or is likely to be
helpful in the investigation or prosecution of
criminal activity described in section
101(a)(15)(U)(iii).
``(B) Other evidence.--The Secretary of Homeland
Security may, after considering the totality of the
circumstances and reviewing evidence related to the
alien's efforts to obtain the certification described
in subparagraph (A), accept secondary evidence that the
alien has been helpful, is being helpful, or is likely
to be helpful to an investigation.''.
(b) Numerical Limitations.--Section 214(p)(2)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(p)(2)(A)) is amended by striking
``10,000.'' and inserting ``15,000.''.
(c) Age Determinations.--Section 214(p) of the Immigration and
Nationality Act (8 U.S.C. 1184(p)) is amended by adding at the end the
following:
``(7) Age determinations.--
``(A) Children.--An unmarried alien who seeks to
accompany, or follow to join, a parent granted status
under section 101(a)(15)(U)(i), and who was under 21
years of age on the date on which such parent
petitioned for such status, shall continue to be
classified as a child for purposes of section
101(a)(15)(U)(ii), if the alien attains 21 years of age
after such parent's petition was filed but while it was
pending.
``(B) Principal aliens.--An alien described in
clause (i) of section 101(a)(15)(U) shall continue to
be treated as an alien described in clause (ii)(I) of
such section if the alien attains 21 years of age after
the alien's application for status under such clause
(i) is filed but while it is pending.''.
SEC. 806. HARDSHIP WAIVERS.
(a) In General.--Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--
(1) in subparagraph (A), by striking the comma at the end
and inserting a semicolon;
(2) in subparagraph (B), by striking ``(1), or'' and
inserting ``(1); or'';
(3) in subparagraph (C), by striking the period at the end
and inserting a semicolon and ``or''; and
(4) by inserting after subparagraph (C) the following:
``(D) the alien meets the requirements under
section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the
marriage ceremony was battered by or subject to extreme
cruelty perpetrated by the alien's intended spouse and
was not at fault in failing to meet the requirements of
paragraph (1).''.
(b) Technical Corrections.--Section 216(c)(4) of the Immigration
and Nationality Act (8 U.S.C. 1186a(c)(4)), as amended by subsection
(a), is further amended--
(1) in the matter preceding subparagraph (A), by striking
``The Attorney General, in the Attorney General's'' and
inserting ``The Secretary of Homeland Security, in the
Secretary's''; and
(2) in the undesignated paragraph at the end--
(A) in the first sentence, by striking ``Attorney
General'' and inserting ``Secretary of Homeland
Security'';
(B) in the second sentence, by striking ``Attorney
General'' and inserting ``Secretary'';
(C) in the third sentence, by striking ``Attorney
General.'' and inserting ``Secretary.''; and
(D) in the fourth sentence, by striking ``Attorney
General'' and inserting ``Secretary''.
SEC. 807. EMPLOYMENT AUTHORIZATION.
Paragraph (1) of section 204(a) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)) is amended by adding at the end the following:
``(M) Notwithstanding any provision of this Act restricting
eligibility for employment in the United States, the Secretary of
Homeland Security may grant employment authorization to an alien who
has filed a petition for status as a VAWA self-petitioner or a
nonimmigrant described in section 101(a)(15)(U) on the date that is the
earlier of--
``(i) the date the alien's petition for such status is
approved; or
``(ii) 180 days after the date the alien filed a petition
for such status.''.
SEC. 808. PROTECTIONS FOR A FIANCEE OR FIANCE OF A CITIZEN.
(a) In General.--Section 214 of the Immigration and Nationality Act
(8 U.S.C. 1184) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``crime.'' and
inserting ``crime and information on any permanent
protection or restraining order issued against the
petitioner related to any specified crime described in
paragraph (3)(B).'';
(B) in paragraph (2)(A), in the matter preceding
clause (i)--
(i) by striking ``a consular officer'' and
inserting ``the Secretary of Homeland
Security''; and
(ii) by striking ``the officer'' and
inserting ``the Secretary''; and
(C) in paragraph (3)(B)(i), by striking ``abuse,
and stalking.'' and inserting ``abuse, stalking, or an
attempt to commit any such crime.''; and
(2) in subsection (r)--
(A) in paragraph (1), by striking ``crime.'' and
inserting ``crime described in paragraph (5)(B) and
information on any permanent protection or restraining
order issued against the petitioner related to any
specified crime described in such subsection.''; and
(B) by amending paragraph (4)(B)(ii) to read as
follows:
``(ii) To notify the beneficiary as required by clause (i), the
Secretary of Homeland Security shall provide such notice to the
Secretary of State for inclusion in the mailing to the beneficiary
described in section 833(a)(5)(A)(i) of the International Marriage
Broker Regulation Act of 2005 (8 U.S.C. 1375a(a)(5)(A)(i)).''; and
(3) in paragraph (5)(B)(i), by striking ``abuse, and
stalking.'' and inserting ``abuse, stalking, or an attempt to
commit any such crime.''.
(b) Provision of Information to K Nonimmigrants.--Section 833 of
the International Marriage Broker Regulation Act of 2005 (8 U.S.C.
1375a) is amended--
(1) in subsection (a)(5)(A)--
(A) in clause (iii)--
(i) by striking ``State any'' and inserting
``State, for inclusion in the mailing described
in clause (i), any''; and
(ii) by striking the last sentence; and
(B) by adding at the end the following:
``(iv) The Secretary of Homeland Security
shall conduct a background check of the
National Crime Information Center's Protection
Order Database on each petitioner for a visa
under subsection (d) or (r) of section 214 of
the Immigration and Nationality Act (8 U.S.C.
1184). Any appropriate information obtained
from such background check--
``(I) shall accompany the criminal
background information provided by the
Secretary of Homeland Security to the
Secretary of State and shared by the
Secretary of State with a beneficiary
of a petition referred to in clause
(iii); and
``(II) shall not be used or
disclosed for any other purpose unless
expressly authorized by law.
``(v) The Secretary of Homeland Security
shall create a cover sheet or other mechanism
to accompany the information required to be
provided to an applicant for a visa under
subsection (d) or (r) of section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184)
by clauses (i) through (iv) of this paragraph
or by clauses (i) and (ii) of subsection (r) of
such section 214, that calls to the applicant's
attention--
``(I) whether the petitioner
disclosed a protection order, a
restraining order, or criminal history
information on the visa petition;
``(II) the criminal background
information and information about any
protection order obtained by the
Secretary of Homeland Security
regarding the petitioner in the course
of adjudicating the petition; and
``(III) whether the information the
petitioner disclosed on the visa
petition regarding any previous
petitions filed under subsection (d) or
(r) of such section 214 is consistent
with the information in the multiple
visa tracking database of the
Department of Homeland Security, as
described in subsection (r)(4)(A) of
such section 214.''; and
(2) in subsection (b)(1)(A), by striking ``or'' after
``orders'' and inserting ``and''.
SEC. 809. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) Implementation of the International Marriage Broker Act of
2005.--
(1) Findings.--Congress finds the following:
(A) The International Marriage Broker Act of 2005
(subtitle D of Public Law 109-162; 119 Stat. 3066) has
not been fully implemented with regard to investigating
and prosecuting violations of the law, and for other
purposes.
(B) Six years after Congress enacted the
International Marriage Broker Act of 2005 to regulate
the activities of the hundreds of for-profit
international marriage brokers operating in the United
States, the Attorney General has not determined which
component of the Department of Justice will investigate
and prosecute violations of such Act.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Attorney General shall submit to
Congress a report that includes the following:
(A) The name of the component of the Department of
Justice responsible for investigating and prosecuting
violations of the International Marriage Broker Act of
2005 (subtitle D of Public Law 109-162; 119 Stat. 3066)
and the amendments made by that Act.
(B) A description of the policies and procedures of
the Attorney General for consultation with the
Secretary of Homeland Security and the Secretary of
State in investigating and prosecuting such violations.
(b) Technical Correction.--Section 833(a)(2)(H) of the
International Marriage Broker Regulation Act of 2005 (8 U.S.C.
1375a(a)(2)(H)) is amended by striking ``Federal and State sex offender
public registries'' and inserting ``the National Sex Offender Public
Website''.
(c) Regulation of International Marriage Brokers.--Section 833(d)
of the International Marriage Broker Regulation Act of 2005 (8 U.S.C.
1375a(d)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Prohibition on marketing to children.--
``(A) In general.--An international marriage broker
shall not provide any individual or entity with the
personal contact information, photograph, or general
information about the background or interests of any
individual under the age of 18.
``(B) Compliance.--To comply with the requirements
of subparagraph (A), an international marriage broker
shall--
``(i) obtain a valid copy of each foreign
national client's birth certificate or other
proof of age document issued by an appropriate
government entity;
``(ii) indicate on such certificate or
document the date it was received by the
international marriage broker;
``(iii) retain the original of such
certificate or document for 7 years after such
date of receipt; and
``(iv) produce such certificate or document
upon request to an appropriate authority
charged with the enforcement of this
paragraph.'';
(2) in paragraph (2)--
(A) in subparagraph (A)(i)--
(i) in the heading, by striking
``registries.--'' and inserting ``websites.--
''; and
(ii) by striking ``Registry or State sex
offender public registry,'' and inserting
``Website,''; and
(B) in subparagraph (B)(ii), by striking ``or
stalking.'' and inserting ``stalking, or an attempt to
commit any such crime.'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``Registry
in which the United States client has resided
during the previous 20 years,'' and inserting
``Website''; and
(ii) in clause (iii)(II), by striking
``background information collected by the
international marriage broker under paragraph
(2)(B);'' and inserting ``signed certification
and accompanying documentation or attestation
regarding the background information collected
under paragraph (2)(B);''; and
(B) by striking subparagraph (C);
(4) in paragraph (5)--
(A) in subparagraph (A)(ii), by striking ``A
penalty may be imposed under clause (i) by the Attorney
General only'' and inserting ``At the discretion of the
Attorney General, a penalty may be imposed under clause
(i) either by a Federal judge, or by the Attorney
General'';
(B) by amending subparagraph (B) to read as
follows:
``(B) Federal criminal penalties.--
``(i) Failure of international marriage
brokers to comply with obligations.--Except as
provided in clause (ii), an international
marriage broker that, in circumstances in or
affecting interstate or foreign commerce, or
within the special maritime and territorial
jurisdiction of the United States--
``(I) except as provided in
subclause (II), violates (or attempts
to violate) paragraph (1), (2), (3), or
(4) shall be fined in accordance with
title 18, United States Code, or
imprisoned for not more than 1 year, or
both; or
``(II) knowingly commits such a
violation or an attempt, an
international marriage broker shall be
fined in accordance with title 18,
United States Code, or imprisoned for
not more than 5 years, or both.
``(ii) Misuse of information.--A person who
knowingly discloses, uses, or causes to be used
any information obtained by an international
marriage broker as a result of a requirement
under paragraph (2) or (3) for any purpose
other than the disclosures required under
paragraph (3) shall be fined in accordance with
title 18, United States Code, or imprisoned for
not more than 1 year, or both.
``(iii) Relationship to other penalties.--
The penalties provided in clauses (i) and (ii)
are in addition to any other civil or criminal
liability under Federal or State law to which a
person may be subject for the misuse of
information, including misuse to threaten,
intimidate, or harass any individual.
``(iv) Construction.--Nothing in this
paragraph or paragraph (3) or (4) may be
construed to prevent the disclosure of
information to law enforcement or pursuant to a
court order.''; and
(C) in subparagraph (C), by striking the period at
the end and inserting ``including equitable
remedies.'';
(5) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(6) by inserting after paragraph (5) the following:
``(6) Enforcement.--
``(A) Authority.--The Attorney General shall be
responsible for the enforcement of the provisions of
this section, including the prosecution of civil and
criminal penalties provided for by this section.
``(B) Consultation.--The Attorney General shall
consult with the head of the Office on Violence Against
Women of the Department of Justice to develop policies
and public education designed to promote enforcement of
this section.''.
(d) GAO Study and Report.--Section 833(f) of the International
Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(f)) is amended--
(1) in the subsection heading, by striking ``Study and
Report.--'' and inserting ``Studies and Reports.--''; and
(2) by adding at the end the following:
``(4) Continuing impact study and report.--
``(A) Study.--The Comptroller General shall conduct
a study on the continuing impact of the implementation
of this section and of section of 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) on the
process for granting K nonimmigrant visas, including
specifically a study of the items described in
subparagraphs (A) through (E) of paragraph (1).
``(B) Report.--Not later than 2 years after the
date of the enactment of the Violence Against Women
Reauthorization Act of 2011, the Comptroller General
shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House
of Representatives a report setting forth the results
of the study conducted under subparagraph (A).
``(C) Data collection.--The Attorney General, the
Secretary of Homeland Security, and the Secretary of
State shall collect and maintain the data necessary for
the Comptroller General to conduct the study required
by paragraph (1).''.
SEC. 810. ELIGIBILITY OF CRIME AND TRAFFICKING VICTIMS IN THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS TO ADJUST
STATUS.
Section 705(c) of the Consolidated Natural Resources Act of 2008
(Public Law 110-229; 48 U.S.C. 1806 note), is amended by striking
``except that,'' and all that follows through the end, and inserting
the following: ``except that--
``(1) for the purpose of determining whether an alien
lawfully admitted for permanent residence (as defined in
section 101(a)(20) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(20)) has abandoned or lost such status by reason
of absence from the United States, such alien's presence in the
Commonwealth, before, on or after November 28, 2009, shall be
considered to be presence in the United States; and
``(2) for the purpose of determining whether an alien whose
application for status under subparagraph (T) or (U) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) was granted is subsequently eligible for
adjustment under subsection (l) or (m) of section 245 of such
Act (8 U.S.C. 1255), such alien's physical presence in the
Commonwealth before, on, or after November 28, 2009, and
subsequent to the grant of the application, shall be considered
as equivalent to presence in the United States pursuant to a
nonimmigrant admission in such status.''.
TITLE IX--SAFETY FOR INDIAN WOMEN
SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
Section 2015(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-10(a)) is amended--
(1) in paragraph (2), by inserting ``sex trafficking,''
after ``sexual assault,'';
(2) in paragraph (4), by inserting ``sex trafficking,''
after ``sexual assault,'';
(3) in paragraph (5), by striking ``and stalking'' and all
that follows and inserting ``sexual assault, sex trafficking,
and stalking;'';
(4) in paragraph (7)--
(A) by inserting ``sex trafficking,'' after
``sexual assault,'' each place it appears; and
(B) by striking ``and'' at the end;
(5) in paragraph (8)--
(A) by inserting ``sex trafficking,'' after
``stalking,''; and
(B) by striking the period at the end and inserting
a semicolon; and
(6) by adding at the end the following:
``(9) provide services to address the needs of youth who
are victims of domestic violence, dating violence, sexual
assault, sex trafficking, or stalking and the needs of children
exposed to domestic violence, dating violence, sexual assault,
or stalking, including support for the nonabusing parent or the
caretaker of the child; and
``(10) develop and promote legislation and policies that
enhance best practices for responding to violent crimes against
Indian women, including the crimes of domestic violence, dating
violence, sexual assault, sex trafficking, and stalking.''.
SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS.
Section 2001(d) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) developing and promoting State, local, or
tribal legislation and policies that enhance best
practices for responding to violent crimes against
Indian women, including the crimes of domestic
violence, dating violence, sexual assault, stalking,
and sex trafficking.''; and
(2) in paragraph (2)(B), by striking ``individuals or''.
SEC. 903. CONSULTATION.
Section 903 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045d) is amended--
(1) in subsection (a)--
(A) by striking ``and the Violence Against Women
Act of 2000'' and inserting ``, the Violence Against
Women Act of 2000''; and
(B) by inserting ``, and the Violence Against Women
Reauthorization Act of 2011'' before the period at the
end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``Secretary of the Department of Health and
Human Services'' and inserting ``Secretary of Health
and Human Services, the Secretary of the Interior,'';
and
(B) in paragraph (2), by striking ``and stalking''
and inserting ``stalking, and sex trafficking''; and
(3) by adding at the end the following:
``(c) Annual Report.--The Attorney General shall submit to Congress
an annual report on the annual consultations required under subsection
(a) that--
``(1) contains the recommendations made under subsection
(b) by Indian tribes during the year covered by the report;
``(2) describes actions taken during the year covered by
the report to respond to recommendations made under subsection
(b) during the year or a previous year; and
``(3) describes how the Attorney General will work in
coordination and collaboration with Indian tribes, the
Secretary of Health and Human Services, and the Secretary of
the Interior to address the recommendations made under
subsection (b).
``(d) Notice.--Not later than 120 days before the date of a
consultation under subsection (a), the Attorney General shall notify
tribal leaders of the date, time, and location of the consultation.''.
SEC. 904. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.
Title II of Public Law 90-284 (25 U.S.C. 1301 et seq.) (commonly
known as the ``Indian Civil Rights Act of 1968'') is amended by adding
at the end the following:
``SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.
``(a) Definitions.--In this section:
``(1) Dating violence.--The term `dating violence' means
violence committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the victim,
as determined by the length of the relationship, the type of
relationship, and the frequency of interaction between the
persons involved in the relationship.
``(2) Domestic violence.--The term `domestic violence'
means violence committed by a current or former spouse or
intimate partner of the victim, by a person with whom the
victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a
spouse or intimate partner, or by a person similarly situated
to a spouse of the victim under the domestic- or family-
violence laws of an Indian tribe that has jurisdiction where
the violence occurs.
``(3) Indian country.--The term `Indian country' has the
meaning given the term in section 1151 of title 18, United
States Code.
``(4) Participating tribe.--The term `participating tribe'
means an Indian tribe that elects to exercise special domestic
violence criminal jurisdiction over the Indian country of that
Indian tribe.
``(5) Protection order.--The term `protection order' has
the meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)).
``(6) Special domestic violence criminal jurisdiction.--The
term `special domestic violence criminal jurisdiction' means
the criminal jurisdiction that a participating tribe may
exercise under this section but could not otherwise exercise.
``(7) Spouse or intimate partner.--The term `spouse or
intimate partner' has the meaning given the term in section
2266 of title 18, United States Code.
``(b) Nature of the Criminal Jurisdiction.--
``(1) In general.--Notwithstanding any other provision of
law, in addition to any power of self-government recognized and
affirmed by sections 201 and 203, the power of self-government
of a participating tribe include the inherent power of that
tribe, which is hereby recognized and affirmed, to exercise
special domestic violence criminal jurisdiction over all
persons.
``(2) Concurrent jurisdiction.--The exercise of special
domestic violence criminal jurisdiction by a participating
tribe shall be concurrent with the jurisdiction of the United
States, of a State, or of both, of an offense described in
subsection (c).
``(3) Applicability.--Nothing in this section--
``(A) creates or eliminates any Federal or State
criminal jurisdiction over Indian country; or
``(B) affects the authority of the United States or
any State government that has been delegated authority
by the United States to investigate and prosecute a
criminal violation in Indian country.
``(c) Criminal Conduct.--A participating tribe may exercise special
domestic violence criminal jurisdiction over a defendant for criminal
conduct that falls into one or more of the following categories:
``(1) Domestic violence and dating violence.--An act of
domestic violence or dating violence that occurs in the Indian
country of the participating tribe.
``(2) Violations of protection orders.--An act that--
``(A) occurs in the Indian country of the
participating tribe; and
``(B) violates the relevant portion of a protection
order that--
``(i) was issued against the defendant;
``(ii) is enforceable by the participating
tribe; and
``(iii) is consistent with section 2265(b)
of title 18, United States Code.
``(d) Dismissal of Certain Cases.--
``(1) Non-indian victims and defendants.--In a criminal
proceeding in which a participating tribe exercises special
domestic violence criminal jurisdiction, the case shall be
dismissed if--
``(A) the defendant files a pretrial motion to
dismiss on the grounds that the alleged offense did not
involve an Indian; and
``(B) the participating tribe fails to prove that
the defendant or an alleged victim is an Indian.
``(2) Ties to indian tribe.--In a criminal proceeding in
which a participating tribe exercises special domestic violence
criminal jurisdiction, the case shall be dismissed if--
``(A) the defendant files a pretrial motion to
dismiss on the grounds that the defendant and the
alleged victim lack sufficient ties to the Indian
tribe; and
``(B) the prosecuting tribe fails to prove that the
defendant or an alleged victim--
``(i) resides in the Indian country of the
participating tribe;
``(ii) is employed in the Indian country of
the participating tribe; or
``(iii) is a spouse or intimate partner of
a member of the participating tribe.
``(3) Waiver.--A knowing and voluntary failure of a
defendant to file a pretrial motion described in paragraph (1)
or (2) shall be considered a waiver of the right to seek a
dismissal under this subsection.
``(e) Rights of Defendants.--In a criminal proceeding in which a
participating tribe exercises special domestic violence criminal
jurisdiction, the participating tribe shall provide to the defendant--
``(1) all applicable rights under this Act;
``(2) if a term of imprisonment of any length is imposed,
all rights described in section 202(c); and
``(3) all other rights whose protection is necessary under
the Constitution of the United States in order for Congress to
recognize and affirm the inherent power of the participating
tribe to exercise special domestic violence criminal
jurisdiction over the defendant.
``(f) Petitions To Stay Detention.--
``(1) In general.--A person who is detained by a
participating tribe pending trial under an exercise of special
domestic violence criminal jurisdiction and has filed a
petition for a writ of habeas corpus in a court of the United
States under section 203 may petition that court to stay
further detention of that person by the participating tribe.
``(2) Grant of stay.--A court shall grant a stay described
in paragraph (1) if the court--
``(A) finds that there is a substantial likelihood
that the habeas corpus petition will be granted; and
``(B) after giving each alleged victim in the
matter an opportunity to be heard, finds by clear and
convincing evidence that under conditions imposed by
the court, the petitioner is not likely to flee or pose
a danger to any person or the community if released.
``(g) Grants to Tribal Governments.--The Attorney General may award
grants to the governments of Indian tribes (or to authorized designees
of those governments)--
``(1) to strengthen tribal criminal justice systems to
assist Indian tribes in exercising special domestic violence
criminal jurisdiction, including to strengthen--
``(A) law enforcement (including the capacity to
enter information into and obtain information from
national crime information databases);
``(B) prosecution;
``(C) trial and appellate courts;
``(D) probation systems;
``(E) detention and correctional facilities;
``(F) alternative rehabilitation centers;
``(G) culturally appropriate services and
assistance for victims and their families; and
``(H) criminal codes and rules of criminal
procedure, appellate procedure, and evidence;
``(2) to provide indigent criminal defendants with the
effective assistance of licensed defense counsel, at no cost to
the defendant, in criminal proceedings in which a participating
tribe prosecutes a crime of domestic violence or dating
violence or a criminal violation of a protection order;
``(3) to ensure that, in criminal proceedings in which a
participating tribe exercises special domestic violence
criminal jurisdiction, jurors are summoned, selected, and
instructed in a manner consistent with all applicable
requirements; and
``(4) to accord victims of domestic violence, dating
violence, and violations of protection orders rights that are
similar to the rights of a crime victim described in section
3771(a) of title 18, United States Code, and consistent with
tribal law and custom.
``(h) Supplement, Not Supplant.--Amounts made available under this
section shall supplement and not supplant any other Federal, State,
tribal, or local government amounts made available to carry out
activities described in this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each of fiscal years 2012 through 2016 to
carry out subsection (g) and to provide training, technical assistance,
data collection, and evaluation of the criminal justice systems of
participating tribes.''.
SEC. 905. TRIBAL PROTECTION ORDERS.
Section 2265 of title 18, United States Code, is amended by
striking subsection (e) and inserting the following:
``(e) Tribal Court Jurisdiction.--For purposes of this section, a
court of an Indian tribe shall have full civil jurisdiction to issue
and enforce protection orders involving any person, including the
authority to enforce any orders through civil contempt proceedings, to
exclude violators from Indian land, and to take other appropriate
measures, in matters arising anywhere in the Indian country of the
Indian tribe (as defined in section 1151) or otherwise within the
authority of the Indian tribe.''.
SEC. 906. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.
(a) In General.--Section 113 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Assault with intent to commit murder or a violation
of section 2241 or 2242, by a fine under this title,
imprisonment for not more than 20 years, or both.'';
(B) in paragraph (2), by striking ``felony under
chapter 109A'' and inserting ``violation of section
2241 or 2242'';
(C) in paragraph (3) by striking ``and without just
cause or excuse,'';
(D) in paragraph (4), by striking ``six months''
and inserting ``1 year'';
(E) in paragraph (7)--
(i) by striking ``substantial bodily injury
to an individual who has not attained the age
of 16 years'' and inserting ``substantial
bodily injury to a spouse or intimate partner,
a dating partner, or an individual who has not
attained the age of 16 years''; and
(ii) by striking ``fine'' and inserting ``a
fine''; and
(F) by adding at the end the following:
``(8) Assault of a spouse, intimate partner, or dating
partner by strangling, suffocating, or attempting to strangle
or suffocate, by a fine under this title, imprisonment for not
more than 10 years, or both.''; and
(2) in subsection (b)--
(A) by striking ``(b) As used in this subsection--
'' and inserting the following:
``(b) Definitions.--In this section--'';
(B) in paragraph (1)(B), by striking ``and'' at the
end;
(C) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(3) the terms `dating partner' and `spouse or intimate
partner' have the meanings given those terms in section 2266;
``(4) the term `strangling' means intentionally, knowingly,
or recklessly impeding the normal breathing or circulation of
the blood of a person by applying pressure to the throat or
neck, regardless of whether that conduct results in any visible
injury or whether there is any intent to kill or protractedly
injure the victim; and
``(5) the term `suffocating' means intentionally,
knowingly, or recklessly impeding the normal breathing of a
person by covering the mouth of the person, the nose of the
person, or both, regardless of whether that conduct results in
any visible injury or whether there is any intent to kill or
protractedly injure the victim.''.
(b) Indian Major Crimes.--Section 1153(a) of title 18, United
States Code, is amended by striking ``assault with intent to commit
murder, assault with a dangerous weapon, assault resulting in serious
bodily injury (as defined in section 1365 of this title)'' and
inserting ``a felony assault under section 113''.
(c) Repeat Offenders.--Section 2265A(b)(1)(B) of title 18, United
States Code, is amended by inserting ``or tribal'' after ``State''.
SEC. 907. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.
(a) In General.--Section 904(a) of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg-10
note) is amended--
(1) in paragraph (1)--
(A) by striking ``The National'' and inserting
``Not later than 2 years after the date of enactment of
the Violence Against Women Reauthorization Act of 2011,
the National''; and
(B) by inserting ``and in Native villages'' (as
defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602))'' before the period at
the end;
(2) in paragraph (2)(A)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(vi) sex trafficking.'';
(3) in paragraph (4), by striking ``this Act'' and
inserting ``the Violence Against Women Reauthorization Act of
2011''; and
(4) in paragraph (5), by striking ``this section $1,000,000
for each of fiscal years 2007 and 2008'' and inserting ``this
subsection $1,000,000 for each of fiscal years 2012 and 2013''.
(b) Authorization of Appropriations.--Section 905(b)(2) of the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (28 U.S.C. 534 note) is amended by striking ``fiscal years 2007
through 2011'' and inserting ``fiscal years 2012 through 2016''.
SEC. 908. EFFECTIVE DATES; PILOT PROJECT.
(a) General Effective Date.--Except as provided in subsection (b),
the amendments made by this title shall take effect on the date of
enactment of this Act.
(b) Effective Date for Special Domestic-Violence Criminal
Jurisdiction.--
(1) In general.--Except as provided in paragraph (2),
subsections (b) through (e) of section 204 of Public Law 90-284
(as added by section 904) shall take effect on the date that is
2 years after the date of enactment of this Act.
(2) Pilot project.--
(A) In general.--At any time during the 2-year
period beginning on the date of enactment of this Act,
an Indian tribe may ask the Attorney General to
designate the tribe as a participating tribe under
section 204(a) of Public Law 90-284 on an accelerated
basis.
(B) Procedure.--The Attorney General may grant a
request under subparagraph (A) after coordinating with
the Secretary of the Interior, consulting with affected
Indian tribes, and concluding that the criminal justice
system of the requesting tribe has adequate safeguards
in place to protect defendants' rights, consistent with
section 204 of Public Law 90-284.
(C) Effective dates for pilot projects.--An Indian
tribe designated as a participating tribe under this
paragraph may commence exercising special domestic
violence criminal jurisdiction pursuant to subsections
(b) through (e) of section 204 of Public Law 90-284 on
a date established by the Attorney General, after
consultation with that Indian tribe, but in no event
later than the date that is 2 years after the date of
enactment of this Act.
TITLE X--OTHER MATTERS
SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL ABUSE.
(a) Sexual Abuse of a Minor or Ward.--Section 2243(b) of title 18,
United States Code, is amended to read as follows:
``(b) Of a Ward.--
``(1) Offenses.--
``(A) In general.--It shall be unlawful for any
person to knowingly engage, or knowingly attempt to
engage, in a sexual act with another person who is--
``(i) in official detention or supervised
by, or otherwise under the control of, the
United States--
``(I) during or after arrest;
``(II) after release pretrial;
``(III) while on bail, probation,
supervised release, or parole;
``(IV) after release following a
finding of juvenile delinquency; or
``(V) after release pending any
further judicial proceedings;
``(ii) under the professional custodial,
supervisory, or disciplinary control or
authority of the person engaging or attempting
to engage in the sexual act; and
``(iii) at the time of the sexual act--
``(I) in the special maritime and
territorial jurisdiction of the United
States;
``(II) in a Federal prison, or in
any prison, institution, or facility in
which persons are held in custody by
direction of, or pursuant to a contract
or agreement with, the United States;
or
``(III) under supervision or other
control by the United States, or by
direction of, or pursuant to a contract
or agreement with, the United States.
``(B) Sexual contact.--It shall be unlawful for any
person to knowingly engage in sexual contact with, or
cause sexual contact by, another person, if to do so
would violate subparagraph (A) had the sexual contact
been a sexual act.
``(2) Penalties.--
``(A) In general.--A person that violates paragraph
(1)(A) shall--
``(i) be fined under this title, imprisoned
for not more than 15 years, or both; and
``(ii) if, in the course of committing the
violation of paragraph (1), the person engages
in conduct that would constitute an offense
under section 2241 or 2242 if committed in the
special maritime and territorial jurisdiction
of the United States, be subject to the
penalties provided for under section 2241 or
2242, respectively.
``(B) Sexual contact.--A person that violates
paragraph (1)(B) shall be fined under this title,
imprisoned for not more than 2 years, or both.''.
(b) Penalties for Sexual Abuse.--
(1) In general.--Chapter 13 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 250. Penalties for sexual abuse
``(a) Offense.--It shall be unlawful for any person, in the course
of committing an offense under this chapter or under section 901 of the
Fair Housing Act (42 U.S.C. 3631) to engage in conduct that would
constitute an offense under chapter 109A if committed in the special
maritime and territorial jurisdiction of the United States.
``(b) Penalties.--A person that violates subsection (a) shall be
subject to the penalties under the provision of chapter 109A that would
have been violated if the conduct was committed in the special maritime
and territorial jurisdiction of the United States, unless a greater
penalty is otherwise authorized by law.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``250. Penalties for sexual abuse.''.
SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS.
(a) Suits by Prisoners.--Section 7(e) of the Civil Rights of
Institutionalized Persons Act (42 U.S.C. 1997e(e)) is amended by
inserting before the period at the end the following: ``or the
commission of a sexual act (as defined in section 2246 of title 18,
United States Code)''.
(b) United States as Defendant.--Section 1346(b)(2) of title 28,
United States Code, is amended by inserting before the period at the
end the following: ``or the commission of a sexual act (as defined in
section 2246 of title 18)''.
(c) Adoption and Effect of National Standards.--Section 8 of the
Prison Rape Elimination Act of 2003 (42 U.S.C. 15607) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Applicability to Detention Facilities Operated by the
Department of Homeland Security.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Violence Against Women Reauthorization Act
of 2011, the Secretary of Homeland Security shall publish a
final rule adopting national standards for the detection,
prevention, reduction, and punishment of rape and sexual
assault in facilities that maintain custody of aliens detained
for a violation of the immigrations laws of the United States.
``(2) Applicability.--The standards adopted under paragraph
(1) shall apply to detention facilities operated by the
Department of Homeland Security and to detention facilities
operated under contract with the Department.
``(3) Compliance.--The Secretary of Homeland Security
shall--
``(A) assess compliance with the standards adopted
under paragraph (1) on a regular basis; and
``(B) include the results of the assessments in
performance evaluations of facilities completed by the
Department of Homeland Security.
``(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Homeland Security shall give
due consideration to the recommended national standards
provided by the Commission under section 7(e).
``(d) Applicability to Custodial Facilities Operated by the
Department of Health and Human Services.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Violence Against Women Reauthorization Act
of 2011, the Secretary of Health and Human Services shall
publish a final rule adopting national standards for the
detection, prevention, reduction, and punishment of rape and
sexual assault in facilities that maintain custody of
unaccompanied alien children (as defined in section 462(g) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g))).
``(2) Applicability.--The standards adopted under paragraph
(1) shall apply to facilities operated by the Department of
Health and Human Services and to facilities operated under
contract with the Department.
``(3) Compliance.--The Secretary of Health and Human
Services shall--
``(A) assess compliance with the standards adopted
under paragraph (1) on a regular basis; and
``(B) include the results of the assessments in
performance evaluations of facilities completed by the
Department of Health and Human Services.
``(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Health and Human Services shall
give due consideration to the recommended national standards
provided by the Commission under section 7(e).''.
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