[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1925 Reported in Senate (RS)]
Calendar No. 312
112th CONGRESS
2d 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, Mr. Crapo, Mr. Kirk, Mr. Durbin, Mr. Kohl, Ms.
Klobuchar, Mr. Blumenthal, Mrs. Boxer, Mr. Franken, Mr. Schumer, Mr.
Whitehouse, Mr. Kerry, Mr. Rockefeller, Mrs. Shaheen, Mrs. Murray, Mr.
Harkin, Ms. Stabenow, Mr. Casey, Mrs. Gillibrand, Mr. Reed, Mr. Cardin,
Mr. Lautenberg, Mr. Levin, Mr. Sanders, Mrs. Feinstein, Mr. Coons, Ms.
Murkowski, Mr. Begich, Mr. Wyden, Ms. Collins, Ms. Mikulski, Mr. Brown
of Massachusetts, Mr. Bingaman, Ms. Cantwell, Ms. Landrieu, Mr.
Menendez, Mrs. Hagan, Mr. Johnson of South Dakota, and Mr. Lieberman)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
February 7, 2012
Reported by Mr. Leahy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Violence Against Women
Reauthorization Act of 2011''.</DELETED>
<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>
<DELETED> The table of contents for this Act is as
follows:</DELETED>
<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Table of contents.
<DELETED>Sec. 3. Universal definitions and grant conditions.
<DELETED>TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO
COMBAT VIOLENCE AGAINST WOMEN
<DELETED>Sec. 101. Stop grants.
<DELETED>Sec. 102. Grants to encourage arrest policies and enforcement
of protection orders.
<DELETED>Sec. 103. Legal assistance for victims.
<DELETED>Sec. 104. Consolidation of grants to support families in the
justice system.
<DELETED>Sec. 105. Sex offender management.
<DELETED>Sec. 106. Court-appointed special advocate program.
<DELETED>Sec. 107. Criminal provision relating to stalking, including
cyberstalking.
<DELETED>Sec. 108. Outreach and services to underserved populations
grant.
<DELETED>Sec. 109. Culturally specific services grant.
<DELETED>TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
<DELETED>Sec. 201. Sexual assault services program.
<DELETED>Sec. 202. Rural domestic violence, dating violence, sexual
assault, stalking, and child abuse
enforcement assistance.
<DELETED>Sec. 203. Training and services to end violence against women
with disabilities grants.
<DELETED>Sec. 204. Grant for training and services to end violence
against women in later life.
<DELETED>TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS
OF VIOLENCE
<DELETED>Sec. 301. Rape prevention education grant.
<DELETED>Sec. 302. Creating hope through outreach, options, services,
and education for children and youth.
<DELETED>Sec. 303. Grants to combat violent crimes on campuses.
<DELETED>Sec. 304. Campus sexual violence, domestic violence, dating
violence, and stalking education and
prevention.
<DELETED>TITLE IV--VIOLENCE REDUCTION PRACTICES
<DELETED>Sec. 401. Study conducted by the centers for disease control
and prevention.
<DELETED>Sec. 402. Saving money and reducing tragedies through
prevention grants.
<DELETED>TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
<DELETED>Sec. 501. Consolidation of grants to strengthen the healthcare
system's response to domestic violence,
dating violence, sexual assault, and
stalking.
<DELETED>TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
<DELETED>Sec. 601. Housing protections for victims of domestic
violence, dating violence, sexual assault,
and stalking.
<DELETED>Sec. 602. Transitional housing assistance grants for victims
of domestic violence, dating violence,
sexual assault, and stalking.
<DELETED>Sec. 603. Addressing the housing needs of victims of domestic
violence, dating violence, sexual assault,
and stalking.
<DELETED>TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
<DELETED>Sec. 701. National Resource Center on Workplace Responses to
assist victims of domestic and sexual
violence.
<DELETED>TITLE VIII--PROTECTION OF BATTERED IMMIGRANTS
<DELETED>Sec. 801. U nonimmigrant definition.
<DELETED>Sec. 802. Annual report on immigration applications made by
victims of abuse.
<DELETED>Sec. 803. Protection for children of VAWA self-petitioners.
<DELETED>Sec. 804. Public charge.
<DELETED>Sec. 805. Requirements applicable to U visas.
<DELETED>Sec. 806. Hardship waivers.
<DELETED>Sec. 807. Employment authorization.
<DELETED>Sec. 808. Protections for a fiancee or fiance of a citizen.
<DELETED>Sec. 809. Regulation of international marriage brokers.
<DELETED>Sec. 810. Eligibility of crime and trafficking victims in the
Commonwealth of the Northern Mariana
Islands to adjust status.
<DELETED>TITLE IX--SAFETY FOR INDIAN WOMEN
<DELETED>Sec. 901. Grants to Indian tribal governments.
<DELETED>Sec. 902. Grants to Indian tribal coalitions.
<DELETED>Sec. 903. Consultation.
<DELETED>Sec. 904. Tribal jurisdiction over crimes of domestic
violence.
<DELETED>Sec. 905. Tribal protection orders.
<DELETED>Sec. 906. Amendments to the Federal assault statute.
<DELETED>Sec. 907. Analysis and research on violence against Indian
women.
<DELETED>Sec. 908. Effective dates; pilot project.
<DELETED>TITLE X--OTHER MATTERS
<DELETED>Sec. 1001. Criminal provisions relating to sexual abuse.
<DELETED>Sec. 1002. Sexual abuse in custodial settings.
<DELETED>SEC. 3. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.</DELETED>
<DELETED> (a) Definitions.--Subsection (a) of section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925(a)) is amended--
</DELETED>
<DELETED> (1) by redesignating--</DELETED>
<DELETED> (A) paragraph (1) as paragraph
(2);</DELETED>
<DELETED> (B) paragraph (2) as paragraph
(4);</DELETED>
<DELETED> (C) paragraphs (3) through (5) as
paragraphs (5) through (7), respectively;</DELETED>
<DELETED> (D) paragraphs (6) through (9) as
paragraphs (10) through (13), respectively;</DELETED>
<DELETED> (E) paragraphs (10) through (16) as
paragraphs (15) through (21), respectively;</DELETED>
<DELETED> (F) paragraph (18) as paragraph
(22);</DELETED>
<DELETED> (G) paragraphs (19) and (20) as paragraphs
(25) and (26), respectively;</DELETED>
<DELETED> (H) paragraphs (21) and (22) as paragraphs
(28) and (29), respectively;</DELETED>
<DELETED> (I) paragraphs (23) through (33) as
paragraphs (31) through (41), respectively;</DELETED>
<DELETED> (J) paragraphs (34) and (35) as paragraphs
(43) and (44); and</DELETED>
<DELETED> (K) paragraph (37) as paragraph
(47);</DELETED>
<DELETED> (2) by inserting before paragraph (2), as
redesignated, the following:</DELETED>
<DELETED> ``(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.).'';</DELETED>
<DELETED> (3) by inserting after paragraph (2), as
redesignated, the following:</DELETED>
<DELETED> ``(2) Child.--The term `child' means a person who
is under 11 years of age.'';</DELETED>
<DELETED> (4) in paragraph (4), as redesignated, by striking
``serious harm.'' and inserting ``serious harm to unemancipated
minor.'';</DELETED>
<DELETED> (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--'';</DELETED>
<DELETED> (6) by inserting after paragraph (7), as
redesignated, the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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)).'';</DELETED>
<DELETED> (7) in paragraph (10), as redesignated, by
inserting ``or intimate partner'' after ``former spouse'' and
``as a spouse'';</DELETED>
<DELETED> (8) by inserting after paragraph (13), as
redesignated, the following:</DELETED>
<DELETED> ``(14) Homeless.--The term `homeless' has the
meaning provided in 42 U.S.C. 14043e-2(6).'';</DELETED>
<DELETED> (9) in paragraph (21), as redesignated, by
inserting at the end the following:</DELETED>
<DELETED>``Intake or referral, by itself, does not constitute
legal assistance.'';</DELETED>
<DELETED> (10) by striking paragraph (17), as in effect
before the amendments made by this subsection;</DELETED>
<DELETED> (11) by amending paragraph (22), as redesignated,
to read as follows:</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) a first and last name;</DELETED>
<DELETED> ``(B) a home or other physical
address;</DELETED>
<DELETED> ``(C) contact information (including a
postal, e-mail or Internet protocol address, or
telephone or facsimile number);</DELETED>
<DELETED> ``(D) a social security number, driver
license number, passport number, or student
identification number; and</DELETED>
<DELETED> ``(E) any other information, including
date of birth, racial or ethnic background, or
religious affiliation, that would serve to identify any
individual.'';</DELETED>
<DELETED> (12) by inserting after paragraph (22), as
redesignated, the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (13) in paragraph (25), as redesignated, by
striking ``services'' and inserting ``assistance'';</DELETED>
<DELETED> (14) by inserting after paragraph (26), as
redesignated, the following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (15) in paragraph (28), as redesignated--
</DELETED>
<DELETED> (A) in subparagraph (A), by striking
``or'' after the semicolon;</DELETED>
<DELETED> (B) in subparagraph (B), by striking the
period and inserting ``; or''; and</DELETED>
<DELETED> (C) by inserting at the end the
following:</DELETED>
<DELETED> ``(C) any federally recognized Indian
tribe.'';</DELETED>
<DELETED> (16) in paragraph (29), as redesignated, by
striking ``150,000'' and inserting ``250,000'';</DELETED>
<DELETED> (17) by inserting after paragraph (29), as
redesignated, the following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (18) by striking paragraph (31), as redesignated,
and inserting the following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (19) by amending paragraph (41), as redesignated,
to read as follows:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (20) by inserting after paragraph (41), as
redesignated, the following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (21) by striking paragraph (36), as in effect
before the amendments made by this subsection, and inserting
the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (22) by striking paragraph (47), as redesignated,
and inserting the following:</DELETED>
<DELETED> ``(47) Youth.--The term `youth' means a person who
is 11 to 24 years old.''.</DELETED>
<DELETED> (b) Grants Conditions.--Subsection (b) of section 40002 of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)) is
amended--</DELETED>
<DELETED> (1) in paragraph (2)--</DELETED>
<DELETED> (A) in subparagraph (B), by striking
clauses (i) and (ii) and inserting the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>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.'';</DELETED>
<DELETED> (B) by amending subparagraph (D), to read
as follows:</DELETED>
<DELETED> ``(D) Information sharing.--</DELETED>
<DELETED> ``(i) Grantees and subgrantees may
share--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(II) court-generated
information and law enforcement-
generated information contained in
secure, governmental registries for
protection order enforcement purposes;
and</DELETED>
<DELETED> ``(III) law enforcement-
generated and prosecution-generated
information necessary for law
enforcement and prosecution
purposes.</DELETED>
<DELETED> ``(ii) In no circumstances may--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (C) by redesignating subparagraph (E) as
subparagraph (F);</DELETED>
<DELETED> (D) by inserting after subparagraph (D)
the following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (E) by inserting after subparagraph (F),
as redesignated, the following:</DELETED>
<DELETED> ``(G) Confidentiality assessment and
assurances.--Grantees and subgrantees must document
their compliance with the confidentiality and privacy
provisions required under this section.'';</DELETED>
<DELETED> (2) by striking paragraph (3) and inserting the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (3) in paragraph (7), by inserting at the end the
following:</DELETED>
<DELETED>``Final reports of such evaluations shall be made
available to the public via the agency's website.'';
and</DELETED>
<DELETED> (4) by inserting after paragraph (11) the
following:</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(13) Civil rights.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(15) Conferral.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Areas covered.--The areas of
conferral under this paragraph shall include--
</DELETED>
<DELETED> ``(i) the administration of
grants;</DELETED>
<DELETED> ``(ii) unmet needs;</DELETED>
<DELETED> ``(iii) promising practices in the
field; and</DELETED>
<DELETED> ``(iv) emerging trends.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) summarizes the issues
presented during conferral and what, if any,
policies it intends to implement to address
those issues; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(16) Accountability.--All grants awarded by the
Attorney General under this Act shall be subject to the
following accountability provisions:</DELETED>
<DELETED> ``(A) Audit requirement.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) deposit an amount
equal to the grant funds that were
improperly awarded to the grantee into
the General Fund of the Treasury;
and</DELETED>
<DELETED> ``(II) seek to recoup the
costs of the repayment to the fund from
the grant recipient that was
erroneously awarded grant
funds.</DELETED>
<DELETED> ``(B) Nonprofit organization
requirements.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Conference expenditures.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(ii) all mandatory exclusions
required under subparagraph (A)(iii) have been
issued;</DELETED>
<DELETED> ``(iii) all reimbursements
required under subparagraph (A)(v) have been
made; and</DELETED>
<DELETED> ``(iv) includes a list of any
grant recipients excluded under subparagraph
(A) from the previous year.''.</DELETED>
<DELETED>TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO
COMBAT VIOLENCE AGAINST WOMEN</DELETED>
<DELETED>SEC. 101. STOP GRANTS.</DELETED>
<DELETED> Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (2) in section 2001(b) (42 U.S.C. 3796gg(b))--
</DELETED>
<DELETED> (A) in the matter preceding paragraph
(1)--</DELETED>
<DELETED> (i) by striking ``equipment'' and
inserting ``resources''; and</DELETED>
<DELETED> (ii) by inserting ``for the
protection and safety of victims,'' after
``women,'';</DELETED>
<DELETED> (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))'';</DELETED>
<DELETED> (C) in paragraph (2), by striking ``sexual
assault and domestic violence'' and inserting
``domestic violence, dating violence, sexual assault,
and stalking'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (E) in paragraph (4)--</DELETED>
<DELETED> (i) by striking ``sexual assault
and domestic violence'' and inserting
``domestic violence, dating violence, sexual
assault, and stalking''; and</DELETED>
<DELETED> (ii) by inserting ``,
classifying,'' after ``identifying'';</DELETED>
<DELETED> (F) in paragraph (5)--</DELETED>
<DELETED> (i) by inserting ``and legal
assistance'' after ``victim
services'';</DELETED>
<DELETED> (ii) by striking ``domestic
violence and dating violence'' and inserting
``domestic violence, dating violence, and
stalking'';</DELETED>
<DELETED> (iii) by striking ``sexual assault
and domestic violence'' and inserting
``domestic violence, dating violence, sexual
assault, and stalking''; and</DELETED>
<DELETED> (iv) by striking ``including
crimes'' and all that follows and inserting
``including crimes of domestic violence, dating
violence, sexual assault, and
stalking;'';</DELETED>
<DELETED> (G) by striking paragraph (6) and
redesignating paragraphs (7) through (14) as paragraphs
(6) through (13), respectively;</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (I) in paragraph (7), as redesignated by
subparagraph (G), by striking ``and dating violence''
and inserting ``dating violence, and
stalking'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (K) in paragraph (12), as redesignated by
subparagraph (G)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) by striking ``and'' at the
end;</DELETED>
<DELETED> (L) in paragraph (13), as redesignated by
subparagraph (G)--</DELETED>
<DELETED> (i) by striking ``to provide'' and
inserting ``providing'';</DELETED>
<DELETED> (ii) by striking ``nonprofit
nongovernmental'';</DELETED>
<DELETED> (iii) by striking the comma after
``local governments''; and</DELETED>
<DELETED> (iv) by striking the period at the
end and inserting a semicolon;</DELETED>
<DELETED> (M) by inserting after paragraph (13), as
redesignated by subparagraph (G), the
following:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(15) developing, implementing, or enhancing
Sexual Assault Response Teams, or other similar coordinated
community responses to sexual assault;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(17) developing, enlarging, or strengthening
programs addressing sexual assault against men, women, and
youth in correctional and detention settings;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (N) in the flush text at the end, by
striking ``paragraph (14)'' and inserting ``paragraph
(13)'';</DELETED>
<DELETED> (3) in section 2007 (42 U.S.C. 3796gg-1)--
</DELETED>
<DELETED> (A) in subsection (a), by striking
``nonprofit nongovernmental victim service programs''
and inserting ``victim service providers'';</DELETED>
<DELETED> (B) in subsection (b)(6), by striking
``(not including populations of Indian
tribes)'';</DELETED>
<DELETED> (C) in subsection (c)--</DELETED>
<DELETED> (i) by striking paragraph (2) and
inserting the following:</DELETED>
<DELETED> ``(2) grantees and subgrantees shall develop a
plan for implementation and shall consult and coordinate with--
</DELETED>
<DELETED> ``(A) the State sexual assault
coalition;</DELETED>
<DELETED> ``(B) the State domestic violence
coalition;</DELETED>
<DELETED> ``(C) the law enforcement entities within
the State;</DELETED>
<DELETED> ``(D) prosecution offices;</DELETED>
<DELETED> ``(E) State and local courts;</DELETED>
<DELETED> ``(F) Tribal governments in those States
with State or federally recognized Indian
tribes;</DELETED>
<DELETED> ``(G) representatives from underserved
populations;</DELETED>
<DELETED> ``(H) victim service providers;</DELETED>
<DELETED> ``(I) population specific organizations;
and</DELETED>
<DELETED> ``(J) other entities that the State or the
Attorney General identifies as needed for the planning
process;'';</DELETED>
<DELETED> (ii) by striking paragraph
(4);</DELETED>
<DELETED> (iii) by redesignating paragraph
(3) as paragraph (4);</DELETED>
<DELETED> (iv) by inserting after paragraph
(2), as amended by clause (i), the
following:</DELETED>
<DELETED> ``(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).'';</DELETED>
<DELETED> (v) in paragraph (4), as
redesignated by clause (ii)--</DELETED>
<DELETED> (I) in subparagraph (A),
by striking ``and not less than 25
percent shall be allocated for
prosecutors'';</DELETED>
<DELETED> (II) by redesignating
subparagraphs (B) and (C) as
subparagraphs (C) and (D);</DELETED>
<DELETED> (III) by inserting after
subparagraph (A), the
following:</DELETED>
<DELETED> ``(B) not less than 25 percent shall be
allocated for prosecutors;'';</DELETED>
<DELETED> (IV) in subparagraph (C),
as redesignated by subclause (II), by
striking ``culturally specific
community based'' and inserting
``population specific''; and</DELETED>
<DELETED> (V) in subparagraph (D) as
redesignated by subclause (II) by
striking ``for'' and inserting ``to'';
and</DELETED>
<DELETED> (vi) by adding at the end the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (D) by striking subsection (d) and
inserting the following:</DELETED>
<DELETED> ``(d) Application Requirements.--An application for a
grant under this section shall include--</DELETED>
<DELETED> ``(1) the certifications of qualification required
under subsection (c);</DELETED>
<DELETED> ``(2) proof of compliance with the requirements
for the payment of forensic medical exams and judicial
notification, described in section 2010;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(4) proof of compliance with the requirements
prohibiting polygraph examinations of victims of sexual
assault, described in section 2013 of this title;</DELETED>
<DELETED> ``(5) an implementation plan required under
subsection (i); and</DELETED>
<DELETED> ``(6) any other documentation that the Attorney
General may require.'';</DELETED>
<DELETED> (E) in subsection (e)--</DELETED>
<DELETED> (i) in paragraph (2)--</DELETED>
<DELETED> (I) in subparagraph (A),
by striking ``domestic violence and
sexual assault'' and inserting
``domestic violence, dating violence,
sexual assault, and stalking'';
and</DELETED>
<DELETED> (II) in subparagraph (D),
by striking ``linguistically and
culturally'' and inserting
``population''; and</DELETED>
<DELETED> (ii) by adding at the end the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (G) by adding at the end the
following:</DELETED>
<DELETED> ``(i) Implementation Plans.--A State applying for a grant
under this part shall--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) submit to the Attorney General--</DELETED>
<DELETED> ``(A) the implementation plan developed
under paragraph (1);</DELETED>
<DELETED> ``(B) documentation from each member of
the planning committee as to their participation in the
planning process;</DELETED>
<DELETED> ``(C) documentation from the prosecution,
law enforcement, court, and victim services programs to
be assisted, describing--</DELETED>
<DELETED> ``(i) the need for the grant
funds;</DELETED>
<DELETED> ``(ii) the intended use of the
grant funds;</DELETED>
<DELETED> ``(iii) the expected result of the
grant funds; and</DELETED>
<DELETED> ``(iv) the demographic
characteristics of the populations to be
served, including age, disability, race,
ethnicity, and language background;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(F) a description of how the State plans
to meet the requirements of subsection
(c)(5);</DELETED>
<DELETED> ``(G) goals and objectives for reducing
domestic violence-related homicides within the State;
and</DELETED>
<DELETED> ``(H) any other information requested by
the Attorney General.</DELETED>
<DELETED> ``(j) Reallocation of Funds.--A State may use any returned
or remaining funds for any authorized purpose under this part if--
</DELETED>
<DELETED> ``(1) funds from a subgrant awarded under this
part are returned to the State; or</DELETED>
<DELETED> ``(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),'';</DELETED>
<DELETED> (4) in section 2010 (42 U.S.C. 3796gg-4)--
</DELETED>
<DELETED> (A) in subsection (a), by striking
paragraph (1) and inserting the following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) incurs the full out-of-pocket cost
of forensic medical exams described in subsection (b)
for victims of sexual assault; and</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (B) in subsection (b)--</DELETED>
<DELETED> (i) in paragraph (1), by inserting
``or'' after the semicolon;</DELETED>
<DELETED> (ii) in paragraph (2), by striking
``; or'' and inserting a period; and</DELETED>
<DELETED> (iii) by striking paragraph
(3);</DELETED>
<DELETED> (C) in subsection (c), by striking ``,
except that such funds'' and all that follows and
inserting a period; and</DELETED>
<DELETED> (D) by amended subsection (d) to read as
follows:</DELETED>
<DELETED> ``(d) Noncooperation.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (5) in section 2011(a)(1) (42 U.S.C. 3796gg-
5(a)(1))--</DELETED>
<DELETED> (A) by inserting ``modification,
enforcement, dismissal,'' after ``registration,'' each
place it appears; and</DELETED>
<DELETED> (B) by striking ``domestic violence'' and
all that follows through ``sexual assault'' and
inserting ``domestic violence, dating violence, sexual
assault, or stalking''.</DELETED>
<DELETED>SEC. 102. GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT
OF PROTECTION ORDERS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in section 2101 (42 U.S.C. 3796hh)--</DELETED>
<DELETED> (A) in subsection (b)--</DELETED>
<DELETED> (i) in the matter preceding
paragraph (1), by striking ``States,'' and all
that follows through ``units of local
government'' and inserting
``grantees'';</DELETED>
<DELETED> (ii) in paragraph (1), by
inserting ``and enforcement of protection
orders across State and tribal lines'' before
the period;</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (v) in paragraph (5), by inserting
``and other victim services'' after ``legal
advocacy service programs'';</DELETED>
<DELETED> (vi) in paragraph (6), by striking
``judges'' and inserting ``Federal, State,
tribal, territorial, and local judges, courts,
and court-based and court-related
personnel'';</DELETED>
<DELETED> (vii) in paragraph (8), by
striking ``and sexual assault'' and inserting
``dating violence, sexual assault, and
stalking'';</DELETED>
<DELETED> (viii) in paragraph (10), by
striking ``non-profit, non-governmental victim
services organizations,'' and inserting
``victim service providers, population specific
organizations,''; and</DELETED>
<DELETED> (ix) by adding at the end the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(18) To develop, implement, or enhance Sexual
Assault Response Teams or similar coordinated community
responses to sexual assault.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(20) To provide human immunodeficiency virus
testing programs, counseling, and prophylaxis for victims of
sexual assault.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(22) To develop multidisciplinary high-risk
teams focusing on reducing domestic violence and dating
violence homicides by--</DELETED>
<DELETED> ``(A) using evidence-based indicators to
assess the risk of homicide and link high-risk victims
to immediate crisis intervention services;</DELETED>
<DELETED> ``(B) identifying and managing high-risk
offenders; and</DELETED>
<DELETED> ``(C) providing ongoing victim advocacy
and referrals to comprehensive services including
legal, housing, health care, and economic
assistance.'';</DELETED>
<DELETED> (B) in subsection (c)--</DELETED>
<DELETED> (i) in paragraph (1)--</DELETED>
<DELETED> (I) in the matter
preceding subparagraph (A), by
inserting ``except for a court,''
before ``certify''; and</DELETED>
<DELETED> (II) by redesignating
subparagraphs (A) and (B) as clauses
(i) and (ii), and adjusting the margin
accordingly;</DELETED>
<DELETED> (ii) in paragraph (2), by
inserting ``except for a court,'' before
``demonstrate'';</DELETED>
<DELETED> (iii) in paragraph (4)--</DELETED>
<DELETED> (I) by inserting
``modification, enforcement,
dismissal,'' after ``registration,''
each place it appears;</DELETED>
<DELETED> (II) by inserting ``dating
violence,'' after ``domestic
violence,''; and</DELETED>
<DELETED> (III) by striking ``and''
at the end;</DELETED>
<DELETED> (iv) in paragraph (5)--</DELETED>
<DELETED> (I) in the matter
preceding subparagraph (A), by striking
``, not later than 3 years after the
date of enactment of this
section,'';</DELETED>
<DELETED> (II) by inserting ``,
trial of, or sentencing for'' after
``investigation of'' each place it
appears;</DELETED>
<DELETED> (III) by redesignating
subparagraphs (A) and (B) as clauses
(i) and (ii), and adjusting the margin
accordingly;</DELETED>
<DELETED> (IV) in clause (ii), as
redesignated by subclause (III) of this
clause, by striking ``subparagraph
(A)'' and inserting ``clause (i)'';
and</DELETED>
<DELETED> (V) by striking the period
at the end and inserting ``;
and'';</DELETED>
<DELETED> (v) by redesignating paragraphs
(1) through (5), as amended by this
subparagraph, as subparagraphs (A) through (E),
respectively;</DELETED>
<DELETED> (vi) in the matter preceding
subparagraph (A), as redesignated by clause (v)
of this subparagraph--</DELETED>
<DELETED> (I) by striking the comma
that immediately follows another comma;
and</DELETED>
<DELETED> (II) by striking
``grantees are States'' and inserting
the following: ``grantees are--
</DELETED>
<DELETED> ``(1) States''; and</DELETED>
<DELETED> (vii) by adding at the end the
following:</DELETED>
<DELETED> ``(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).'';</DELETED>
<DELETED> (C) in subsection (d)--</DELETED>
<DELETED> (i) in paragraph (1)--</DELETED>
<DELETED> (I) in the matter
preceding subparagraph (A), by
inserting ``, policy,'' after ``law'';
and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) in paragraph (2), by striking
``it'' and inserting ``its''; and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in section 2102(a) (42 U.S.C. 3796hh-1(a))--
</DELETED>
<DELETED> (A) in paragraph (1), by inserting
``court,'' after ``tribal government,''; and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) by striking the period that immediately
follows another period.</DELETED>
<DELETED>SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.</DELETED>
<DELETED> Section 1201 of the Violence Against Women Act of 2000 (42
U.S.C. 3796gg-6) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in the first sentence, by striking
``arising as a consequence of'' and inserting
``relating to or arising out of''; and</DELETED>
<DELETED> (B) in the second sentence, by inserting
``or arising out of'' after ``relating to'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in the heading, by inserting ``and
Grant Conditions'' after ``Definitions''; and</DELETED>
<DELETED> (B) by inserting ``and grant conditions''
after ``definitions'';</DELETED>
<DELETED> (3) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (1), by striking
``victims services organizations'' and inserting
``victim service providers''; and</DELETED>
<DELETED> (B) by striking paragraph (3) and
inserting the following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (4) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``this
section has completed'' and all that follows and
inserting the following: ``this section--''</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B)(i) is partnered with an entity or
person that has demonstrated expertise described in
subparagraph (A); and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (B) in paragraph (2), by striking
``stalking organization'' and inserting ``stalking
victim service provider''; and</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>SEC. 104. CONSOLIDATION OF GRANTS TO SUPPORT FAMILIES IN THE
JUSTICE SYSTEM.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION
IMPROVEMENTS.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Use of Funds.--A grant under this section may be
used to--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(5) enable courts or court-based or court-
related programs to develop or enhance--</DELETED>
<DELETED> ``(A) court infrastructure (such as
specialized courts, consolidated courts, dockets,
intake centers, or interpreter services);</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(C) offender management, monitoring, and
accountability programs;</DELETED>
<DELETED> ``(D) safe and confidential information-
storage and information-sharing databases within and
between court systems;</DELETED>
<DELETED> ``(E) education and outreach programs to
improve community access, including enhanced access for
underserved populations; and</DELETED>
<DELETED> ``(F) other projects likely to improve
court responses to domestic violence, dating violence,
sexual assault, and stalking;</DELETED>
<DELETED> ``(6) provide civil legal assistance and advocacy
services, including legal information and resources in cases in
which the victim proceeds pro se, to--</DELETED>
<DELETED> ``(A) victims of domestic violence;
and</DELETED>
<DELETED> ``(B) nonoffending parents in matters--
</DELETED>
<DELETED> ``(i) that involve allegations of
child sexual abuse;</DELETED>
<DELETED> ``(ii) that relate to family
matters, including civil protection orders,
custody, and divorce; and</DELETED>
<DELETED> ``(iii) in which the other parent
is represented by counsel;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(8) to improve training and education to assist
judges, judicial personnel, attorneys, child welfare personnel,
and legal advocates in the civil justice system.</DELETED>
<DELETED> ``(c) Considerations.--</DELETED>
<DELETED> ``(1) In general.--In making grants for purposes
described in paragraphs (1) through (7) of subsection (b), the
Attorney General shall consider--</DELETED>
<DELETED> ``(A) the number of families to be served
by the proposed programs and services;</DELETED>
<DELETED> ``(B) the extent to which the proposed
programs and services serve underserved
populations;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) the extent to which the applicant
demonstrates coordination and collaboration with State,
tribal, and local court systems, including mechanisms
for communication and referral.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Applicant Requirements.--The Attorney General may
make a grant under this section to an applicant that--</DELETED>
<DELETED> ``(1) demonstrates expertise in the areas of
domestic violence, dating violence, sexual assault, stalking,
or child sexual abuse, as appropriate;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Allotment for Indian Tribes.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Applicability of part.--The requirements of
this section shall not apply to funds allocated for the program
described in paragraph (1).''.</DELETED>
<DELETED> (b) Technical and Conforming Amendment.--Subtitle J of the
Violence Against Women Act of 1994 (42 U.S.C. 14043 et seq.) is
repealed.</DELETED>
<DELETED>SEC. 105. SEX OFFENDER MANAGEMENT.</DELETED>
<DELETED> 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.''.</DELETED>
<DELETED>SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.</DELETED>
<DELETED> Subtitle B of title II of the Crime Control Act of 1990
(42 U.S.C. 13011 et seq.) is amended--</DELETED>
<DELETED> (1) in section 216 (42 U.S.C. 13012), by striking
``January 1, 2010'' and inserting ``January 1,
2015'';</DELETED>
<DELETED> (2) in section 217 (42 U.S.C. 13013)--</DELETED>
<DELETED> (A) by striking ``Code of Ethics'' in
section (c)(2) and inserting ``Standards for
Programs''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, INCLUDING
CYBERSTALKING.</DELETED>
<DELETED> Section 2261A of title 18, United States Code, is amended
to read as follows:</DELETED>
<DELETED>``Sec. 2261A. Stalking</DELETED>
<DELETED> ``Whoever--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) places that person in reasonable
fear of the death of, or serious bodily injury to--
</DELETED>
<DELETED> ``(i) that person;</DELETED>
<DELETED> ``(ii) an immediate family member
(as defined in section 115) of that person;
or</DELETED>
<DELETED> ``(iii) a spouse or intimate
partner of that person; or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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),</DELETED>
<DELETED>shall be punished as provided in section 2261(b) of
this title.''.</DELETED>
<DELETED>SEC. 108. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS
GRANT.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UNDERSERVED
POPULATIONS.</DELETED>
<DELETED> ``(a) Grants Authorized.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Programs covered.--The programs covered by
paragraph (2) are the programs carried out under the following
provisions:</DELETED>
<DELETED> ``(A) Section 2001 of the Omnibus Crime
Control and Safe Streets Act of 1968 (STOP
Grants).</DELETED>
<DELETED> ``(B) Section 2101 of the Omnibus Crime
Control and Safe Streets Act of 1968 (Grants to
Encourage Arrest Policies).</DELETED>
<DELETED> ``(b) Eligible Entities.--Eligible entities under this
section are--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) victim service providers offering population
specific services for a specific underserved population;
or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) identifying promising prevention, outreach
and intervention strategies for victims from a targeted
underserved population or populations; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) working with Federal, State, tribal,
territorial and local governments, agencies, and organizations
to develop or enhance population specific victim
services;</DELETED>
<DELETED> ``(2) strengthening the capacity of underserved
populations to provide population specific victim
services;</DELETED>
<DELETED> ``(3) strengthening the capacity of traditional
victim service providers to provide population specific
services;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 109. CULTURALLY SPECIFIC SERVICES GRANT.</DELETED>
<DELETED> Section 121 of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (42 U.S.C. 14045a) is amended--
</DELETED>
<DELETED> (1) in the section heading, by striking ``and
linguistically'';</DELETED>
<DELETED> (2) by striking ``and linguistically'' each place
it appears;</DELETED>
<DELETED> (3) by striking ``and linguistic'' each place it
appears;</DELETED>
<DELETED> (4) by striking subsection (a)(2) and
inserting:</DELETED>
<DELETED> ``(2) Programs covered.--The programs covered by
paragraph (1) are the programs carried out under the following
provisions:</DELETED>
<DELETED> ``(A) Section 2101 of the Omnibus Crime
Control and Safe Streets Act of 1968 (Grants to
Encourage Arrest Policies and Enforcement of Protection
Orders).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (5) in subsection (g), by striking ``linguistic
and''.</DELETED>
<DELETED>TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING</DELETED>
<DELETED>SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) by striking ``governmental and non-
governmental''; and</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) in subparagraph (B), by striking
``nonprofit, nongovernmental organizations for programs
and activities'' and inserting ``nongovernmental or
tribal programs and activities''; and</DELETED>
<DELETED> (B) in subparagraph (C)(v), by striking
``linguistically and''; and</DELETED>
<DELETED> (3) in paragraph (4)--</DELETED>
<DELETED> (A) by inserting ``(including the District
of Columbia and Puerto Rico)'' after ``The Attorney
General shall allocate to each State'';</DELETED>
<DELETED> (B) by striking ``the District of
Columbia, Puerto Rico,'' after ``Guam'';</DELETED>
<DELETED> (C) by striking ``0.125 percent'' and
inserting ``0.25 percent''; and</DELETED>
<DELETED> (D) by striking ``The District of Columbia
shall be treated as a territory for purposes of
calculating its allocation under the preceding
formula.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT
ASSISTANCE.</DELETED>
<DELETED> Section 40295 of the Violence Against Women Act of 1994
(42 U.S.C. 13971) is amended--</DELETED>
<DELETED> (1) in subsection (a)(1)(H), by inserting ``,
including sexual assault forensic examiners'' before the
semicolon;</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``victim advocacy
groups'' and inserting ``victim service
providers''; and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) by striking ``and'' at the
end;</DELETED>
<DELETED> (C) in paragraph (3), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 203. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN
WITH DISABILITIES GRANTS.</DELETED>
<DELETED> Section 1402 of division B of the Victims of Trafficking
and Violence Protection Act of 2000 (42 U.S.C. 3796gg-7) is amended--
</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1), by inserting
``(including using evidence-based indicators to assess
the risk of domestic and dating violence homicide)''
after ``risk reduction'';</DELETED>
<DELETED> (B) in paragraph (4), by striking ``victim
service organizations'' and inserting ``victim service
providers''; and</DELETED>
<DELETED> (C) in paragraph (5), by striking ``victim
services organizations'' and inserting ``victim service
providers'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 204. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE
AGAINST WOMEN IN LATER LIFE.</DELETED>
<DELETED> Section 40802 of the Violence Against Women Act of 1994
(42 U.S.C. 14041a) is amended to read as follows:</DELETED>
<DELETED>``SEC. 40802. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE
AGAINST WOMEN IN LATER LIFE.</DELETED>
<DELETED> ``(a) Definitions.--In this section--</DELETED>
<DELETED> ``(1) the term `eligible entity' means an entity
that--</DELETED>
<DELETED> ``(A) is--</DELETED>
<DELETED> ``(i) a State;</DELETED>
<DELETED> ``(ii) a unit of local
government;</DELETED>
<DELETED> ``(iii) a tribal government or
tribal organization;</DELETED>
<DELETED> ``(iv) a population specific
organization with demonstrated experience in
assisting individuals in later life;</DELETED>
<DELETED> ``(v) a victim service provider;
or</DELETED>
<DELETED> ``(vi) a State, tribal, or
territorial domestic violence or sexual assault
coalition; and</DELETED>
<DELETED> ``(B) is partnered with--</DELETED>
<DELETED> ``(i) a law enforcement
agency;</DELETED>
<DELETED> ``(ii) an office of a
prosecutor;</DELETED>
<DELETED> ``(iii) a victim service provider;
or</DELETED>
<DELETED> ``(iv) a nonprofit program or
government agency with demonstrated experience
in assisting individuals in later
life;</DELETED>
<DELETED> ``(2) the term `exploitation' has the meaning
given the term in section 2011 of the Social Security Act (42
U.S.C. 1397j);</DELETED>
<DELETED> ``(3) the term `later life', relating to an
individual, means the individual is 50 years of age or older;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Grant Program.--</DELETED>
<DELETED> ``(1) Grants authorized.--The Attorney General may
make grants to eligible entities to carry out the activities
described in paragraph (2).</DELETED>
<DELETED> ``(2) Mandatory and permissible activities.--
</DELETED>
<DELETED> ``(A) Mandatory activities.--An eligible
entity receiving a grant under this section shall use
the funds received under the grant to--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(ii) provide or enhance services
for victims of elder abuse;</DELETED>
<DELETED> ``(iii) establish or support
multidisciplinary collaborative community
responses to victims of elder abuse;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) conduct outreach activities
and awareness campaigns to ensure that victims
of elder abuse receive appropriate
assistance.</DELETED>
<DELETED> ``(3) Underserved populations.--In making grants
under this section, the Attorney General shall give priority to
proposals providing culturally specific or population specific
services.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS
OF VIOLENCE</DELETED>
<DELETED>SEC. 301. RAPE PREVENTION EDUCATION GRANT.</DELETED>
<DELETED> Section 393A of the Public Health Service Act (42 U.S.C.
280b-1b) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by inserting ``, territorial or tribal'' after ``crisis
centers, State''; and</DELETED>
<DELETED> (B) in paragraph (6), by inserting ``and
alcohol'' after ``about drugs''; and</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES,
AND EDUCATION FOR CHILDREN AND YOUTH.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS,
SERVICES, AND EDUCATION FOR CHILDREN AND YOUTH (`CHOOSE
CHILDREN & YOUTH').</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Program Purposes.--Funds provided under this section
may be used for the following program purpose areas:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) develop and implement policies,
practices, and procedures to effectively respond to
domestic violence, dating violence, sexual assault, or
stalking against youth; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Supporting youth through education and
protection.--To enable middle schools, high schools, and
institutions of higher education to--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Eligible Applicants.--</DELETED>
<DELETED> ``(1) In general.--To be eligible to receive a
grant under this section, an entity shall be--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) a victim service provider that is
partnered with an entity that has a demonstrated
history of effective work addressing the needs of
youth.</DELETED>
<DELETED> ``(2) Partnerships.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) a State, tribe, unit of
local government, or territory;</DELETED>
<DELETED> ``(ii) a population specific or
community-based organization;</DELETED>
<DELETED> ``(iii) batterer intervention
programs or sex offender treatment programs
with specialized knowledge and experience
working with youth offenders; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Grantee Requirements.--Applicants for grants under
this section shall establish and implement policies, practices, and
procedures that--</DELETED>
<DELETED> ``(1) require and include appropriate referral
systems for child and youth victims;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Definitions and Grant Conditions.--In this section,
the definitions and grant conditions provided for in section 40002
shall apply.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(g) Allotment.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(h) Priority.--The Attorney General shall prioritize
grant applications under this section that coordinate with prevention
programs in the community.''.</DELETED>
<DELETED>SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON
CAMPUSES.</DELETED>
<DELETED> Section 304 of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (42 U.S.C. 14045b) is amended--
</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``stalking on
campuses, and'' and inserting ``stalking on
campuses,'';</DELETED>
<DELETED> (ii) by striking ``crimes against
women on'' and inserting ``crimes on'';
and</DELETED>
<DELETED> (iii) by inserting ``, and to
develop and strengthen prevention education and
awareness programs'' before the period;
and</DELETED>
<DELETED> (B) in paragraph (2), by striking
``$500,000'' and inserting ``$300,000'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (i) by inserting ``, strengthen,''
after ``To develop''; and</DELETED>
<DELETED> (ii) by inserting ``including the
use of technology to commit these crimes,''
after ``sexual assault and
stalking,'';</DELETED>
<DELETED> (B) in paragraph (4)--</DELETED>
<DELETED> (i) by inserting ``and population
specific services'' after ``strengthen victim
services programs'';</DELETED>
<DELETED> (ii) by striking ``entities
carrying out'' and all that follows through
``stalking victim services programs'' and
inserting ``victim service providers'';
and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (3) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (i) in subparagraph (B), by
striking ``any non-profit'' and all that
follows through ``victim services programs''
and inserting ``victim service
providers'';</DELETED>
<DELETED> (ii) by redesignating
subparagraphs (D) through (F) as subparagraphs
(E) through (G), respectively; and</DELETED>
<DELETED> (iii) by inserting after
subparagraph (C), the following:</DELETED>
<DELETED> ``(D) describe how underserved populations
in the campus community will be adequately served,
including the provision of relevant population specific
services;''; and</DELETED>
<DELETED> (B) in paragraph (3), by striking ``2007
through 2011'' and inserting ``2012 through
2016'';</DELETED>
<DELETED> (4) in subsection (d)--</DELETED>
<DELETED> (A) by redesignating paragraph (3) as
paragraph (4); and</DELETED>
<DELETED> (B) by inserting after paragraph (2), the
following:</DELETED>
<DELETED> ``(3) Grantee minimum requirements.--Each grantee
shall comply with the following minimum requirements during the
grant period:</DELETED>
<DELETED> ``(A) The grantee shall create a
coordinated community response including both
organizations external to the institution and relevant
divisions of the institution.</DELETED>
<DELETED> ``(B) The grantee shall establish a
mandatory prevention and education program on domestic
violence, dating violence, sexual assault, and stalking
for all incoming students.</DELETED>
<DELETED> ``(C) The grantee shall train all campus
law enforcement to respond effectively to domestic
violence, dating violence, sexual assault, and
stalking.</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING
VIOLENCE, AND STALKING EDUCATION AND
PREVENTION.</DELETED>
<DELETED> (a) In General.--Section 485(f) of the Higher Education
Act of 1965 (20 U.S.C. 1092(f)) is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) in subparagraph (F)--</DELETED>
<DELETED> (i) in clause (i)(VIII), by
striking ``and'' after the semicolon;</DELETED>
<DELETED> (ii) in clause (ii)--</DELETED>
<DELETED> (I) by striking ``sexual
orientation'' and inserting ``national
origin, sexual orientation, gender
identity,''; and</DELETED>
<DELETED> (II) by striking the
period and inserting ``; and'';
and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(iii) of domestic violence,
dating violence, and stalking incidents that
were reported to campus security authorities or
local police agencies.'';</DELETED>
<DELETED> (2) in paragraph (3), by inserting ``, that
withholds the names of victims as confidential,'' after ``that
is timely'';</DELETED>
<DELETED> (3) in paragraph (6)(A)--</DELETED>
<DELETED> (A) by redesignating clauses (i), (ii),
and (iii) as clauses (ii), (iii), and (iv),
respectively;</DELETED>
<DELETED> (B) by inserting before clause (ii), as
redesignated by subparagraph (A), the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (C) by inserting after clause (iv), as
redesignated by subparagraph (A), the
following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (4) in paragraph (7)--</DELETED>
<DELETED> (A) by striking ``paragraph (1)(F)'' and
inserting ``clauses (i) and (ii) of paragraph (1)(F)'';
and</DELETED>
<DELETED> (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)).'';</DELETED>
<DELETED> (5) by striking paragraph (8) and inserting the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) such institution's programs to prevent
domestic violence, dating violence, sexual assault, and
stalking; and</DELETED>
<DELETED> ``(ii) the procedures that such institution will
follow once an incident of domestic violence, dating violence,
sexual assault, or stalking has been reported.</DELETED>
<DELETED> ``(B) The policy described in subparagraph (A) shall
address the following areas:</DELETED>
<DELETED> ``(i) Education programs to promote the awareness
of rape, acquaintance rape, domestic violence, dating violence,
sexual assault, and stalking, which shall include--</DELETED>
<DELETED> ``(I) primary prevention and awareness
programs for all incoming students and new employees,
which shall include--</DELETED>
<DELETED> ``(aa) a statement that the
institution of higher education prohibits the
offenses of domestic violence, dating violence,
sexual assault, and stalking;</DELETED>
<DELETED> ``(bb) the definition of domestic
violence, dating violence, sexual assault, and
stalking in the applicable
jurisdiction;</DELETED>
<DELETED> ``(cc) the definition of consent,
in reference to sexual activity, in the
applicable jurisdiction;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(ee) information on risk
reduction to recognize warning signs of abusive
behavior and how to avoid potential attacks;
and</DELETED>
<DELETED> ``(ff) the information described
in clauses (ii) through (vii); and</DELETED>
<DELETED> ``(II) ongoing prevention and awareness
campaigns for students and faculty, including
information described in items (aa) through (ff) of
subclause (I).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(iii) Procedures victims should follow if a sex
offense, domestic violence, dating violence, sexual assault, or
stalking has occurred, including information in writing about--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(II) to whom the alleged offense should
be reported;</DELETED>
<DELETED> ``(III) options regarding law enforcement
and campus authorities, including notification of the
victim's option to--</DELETED>
<DELETED> ``(aa) notify proper law
enforcement authorities, including on-campus
and local police;</DELETED>
<DELETED> ``(bb) be assisted by campus
authorities in notifying law enforcement
authorities if the victim so chooses;
and</DELETED>
<DELETED> ``(cc) decline to notify such
authorities; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) such proceedings shall--</DELETED>
<DELETED> ``(aa) provide a prompt and
equitable investigation and resolution;
and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(III) both the accuser and the accused
shall be simultaneously informed, in writing, of--
</DELETED>
<DELETED> ``(aa) the outcome of any
institutional disciplinary proceeding that
arises from an allegation of domestic violence,
dating violence, sexual assault, or
stalking;</DELETED>
<DELETED> ``(bb) the institution's
procedures for the accused and the victim to
appeal the results of the institutional
disciplinary proceeding;</DELETED>
<DELETED> ``(cc) of any change to the
results that occurs prior to the time that such
results become final; and</DELETED>
<DELETED> ``(dd) when such results become
final.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).'';</DELETED>
<DELETED> (6) in paragraph (9), by striking ``The
Secretary'' and inserting ``The Secretary, in consultation with
the Attorney General of the United States,'';</DELETED>
<DELETED> (7) by striking paragraph (16) and inserting the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (8) by striking paragraph (17) and inserting the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE IV--VIOLENCE REDUCTION PRACTICES</DELETED>
<DELETED>SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL
AND PREVENTION.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH
PREVENTION GRANTS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES THROUGH
PREVENTION (SMART PREVENTION).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Use of Funds.--Funds provided under this section may
be used for the following purposes:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(C) education and outreach to change
environmental factors contributing to domestic
violence, dating violence, sexual assault, and
stalking; and</DELETED>
<DELETED> ``(D) policy development targeted to
prevention, including school-based policies and
protocols.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Eligible Entities.--To be an eligible to receive a
grant under this section, an entity shall be--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) A local community-based
organization, population-specific organization, or
faith-based organization that has established expertise
in providing services to youth.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(D) A nonprofit, nongovernmental entity
providing services for runaway or homeless youth
affected by domestic violence, dating violence, sexual
assault, or stalking.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Grantee Requirements.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Policies and procedures.--Applicants under
this section shall establish and implement policies, practices,
and procedures that--</DELETED>
<DELETED> ``(A) include appropriate referral systems
to direct any victim identified during program
activities to highly qualified follow-up
care;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) document how prevention programs are
coordinated with service programs in the
community.</DELETED>
<DELETED> ``(3) Preference.--In selecting grant recipients
under this section, the Attorney General shall give preference
to applicants that--</DELETED>
<DELETED> ``(A) include outcome-based evaluation;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Definitions and Grant Conditions.--In this section,
the definitions and grant conditions provided for in section 40002
shall apply.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(g) Allotment.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Repeals.--The following provisions are
repealed:</DELETED>
<DELETED> (1) Sections 41304 and 41305 of the Violence
Against Women Act of 1994 (42 U.S.C. 14043d-3 and 14043d-
4).</DELETED>
<DELETED> (2) Section 403 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
14045c).</DELETED>
<DELETED>TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING</DELETED>
SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN THE HEALTHCARE SYSTEM'S
RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING.
<DELETED> (a) Grants.--Section 399P of the Public Health Service Act
(42 U.S.C. 280g-4) is amended to read as follows:</DELETED>
``SEC. 399P. GRANTS TO STRENGTHEN THE HEALTHCARE SYSTEM'S RESPONSE TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
<DELETED> ``(a) In General.--The Secretary shall award grants for--
</DELETED>
<DELETED> ``(1) the development or enhancement and
implementation of interdisciplinary training for health
professionals, public health staff, and allied health
professionals;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Use of Funds.--</DELETED>
<DELETED> ``(1) Required uses.--Amounts provided under a
grant under this section shall be used to--</DELETED>
<DELETED> ``(A) fund interdisciplinary training and
education programs under paragraphs (1) and (2) of
subsection (a) that--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Permissible uses.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Other uses.--Grants funded under
subsection (a)(3) may be used for--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(ii) the development, expansion,
and implementation of sexual assault forensic
medical examination or sexual assault nurse
examiner programs;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Requirements for Grantees.--</DELETED>
<DELETED> ``(1) Confidentiality and safety.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Application.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Subsection (a)(1) and (2)
grantees.--Applications for grants under paragraphs (1)
and (2) of subsection (a) shall include--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(I) an accredited school
of allopathic or osteopathic medicine,
psychology, nursing, dentistry, social
work, or other health field;</DELETED>
<DELETED> ``(II) a health care
facility or system; or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Eligible Entities.--</DELETED>
<DELETED> ``(1) In general.--To be eligible to receive
funding under paragraph (1) or (2) of subsection (a), an entity
shall be--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) an accredited school of allopathic
or osteopathic medicine, psychology, nursing,
dentistry, social work, or allied health;</DELETED>
<DELETED> ``(C) a health care provider membership or
professional organization, or a health care system;
or</DELETED>
<DELETED> ``(D) a State, tribal, territorial, or
local entity.</DELETED>
<DELETED> ``(2) Subsection (a)(3) grantees.--To be eligible
to receive funding under subsection (a)(3), an entity shall
be--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Technical Assistance.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Reporting.--The Secretary shall publish a
biennial report on--</DELETED>
<DELETED> ``(A) the distribution of funds under this
section; and</DELETED>
<DELETED> ``(B) the programs and activities
supported by such funds.</DELETED>
<DELETED> ``(f) Research and Evaluation.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) grants awarded under this section;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Research.--Research authorized in paragraph
(1) may include--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) research to determine effective
health care interventions to respond to and prevent
domestic violence, dating violence, sexual assault, and
stalking;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Repeals.--The following provisions are
repealed:</DELETED>
<DELETED> (1) Section 40297 of the Violence Against Women
Act of 1994 (42 U.S.C. 13973).</DELETED>
<DELETED> (2) Section 758 of the Public Health Service Act
(42 U.S.C. 294h).</DELETED>
<DELETED>TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING</DELETED>
<DELETED>SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.</DELETED>
<DELETED> (a) Amendment.--Subtitle N of the Violence Against Women
Act of 1994 (42 U.S.C. 14043e et seq.) is amended--</DELETED>
<DELETED> (1) by inserting after the subtitle heading the
following:</DELETED>
<DELETED>``CHAPTER 1--GRANT PROGRAMS'';</DELETED>
<DELETED> (2) in section 41402 (42 U.S.C. 14043e-1), in the
matter preceding paragraph (1), by striking ``subtitle'' and
inserting ``chapter'';</DELETED>
<DELETED> (3) in section 41403 (42 U.S.C. 14043e-2), in the
matter preceding paragraph (1), by striking ``subtitle'' and
inserting ``chapter''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED>``CHAPTER 2--HOUSING RIGHTS</DELETED>
<DELETED>``SEC. 41411. HOUSING RIGHTS FOR VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.</DELETED>
<DELETED> ``(a) Definitions.--In this chapter:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Covered housing program.--The term `covered
housing program' means--</DELETED>
<DELETED> ``(A) the program under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);</DELETED>
<DELETED> ``(B) the program under section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013);</DELETED>
<DELETED> ``(C) the program under subtitle D of
title VIII of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12901 et seq.);</DELETED>
<DELETED> ``(D) the program under subtitle A of
title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11360 et seq.);</DELETED>
<DELETED> ``(E) the program under subtitle A of
title II of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12741 et seq.);</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(G) the program under section 236 of the
National Housing Act (12 U.S.C. 1715z-1);</DELETED>
<DELETED> ``(H) the programs under sections 6 and 8
of the United States Housing Act of 1937 (42 U.S.C.
1437d and 1437f);</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(J) the low income housing tax credit
program under section 42 of the Internal Revenue Code
of 1986.</DELETED>
<DELETED> ``(3) Immediate family member.--The term
`immediate family member' means, with respect to an
individual--</DELETED>
<DELETED> ``(A) a spouse, parent, brother, sister,
or child of that individual, or an individual to whom
such individual stands in loco parentis;</DELETED>
<DELETED> ``(B) any individual living in the
household of such individual who is related to such
individual by blood or marriage; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Prohibited Basis for Denial or Termination of
Assistance or Eviction.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Construction of lease terms.--An incident of
actual or threatened domestic violence, dating violence, sexual
assault, or stalking shall not be construed as--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Termination on the basis of criminal
activity.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Bifurcation.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Rules of construction.--Nothing in
subparagraph (A) shall be construed--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) the distribution or
possession of property among members of
a household in a case;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Documentation.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Form of documentation.--A form of
documentation described in this paragraph is--</DELETED>
<DELETED> ``(A) a certification form approved by the
appropriate agency that--</DELETED>
<DELETED> ``(i) states that an applicant or
tenant is a victim of domestic violence, dating
violence, sexual assault, or
stalking;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) a document that--</DELETED>
<DELETED> ``(i) is signed by--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) the applicant or
tenant; and</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(C) a record of a Federal, State,
tribal, territorial, or local law enforcement agency,
court, or administrative agency; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) requested or consented to by the
individual in writing;</DELETED>
<DELETED> ``(B) required for use in an eviction
proceeding under subsection (b); or</DELETED>
<DELETED> ``(C) otherwise required by applicable
law.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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)--</DELETED>
<DELETED> ``(1) at the time the individual applies to live
in a dwelling unit assisted under the covered housing
program;</DELETED>
<DELETED> ``(2) at the time the individual is admitted to a
dwelling unit assisted under the covered housing
program;</DELETED>
<DELETED> ``(3) with any notification of eviction or
notification of termination of assistance;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(5) by posting the notification in a public area
of such housing.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the tenant expressly requests the
transfer; and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Conforming Amendments.--</DELETED>
<DELETED> (1) Section 6.--Section 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437d) is amended--</DELETED>
<DELETED> (A) in subsection (c)--</DELETED>
<DELETED> (i) by striking paragraph (3);
and</DELETED>
<DELETED> (ii) by redesignating paragraphs
(4) and (5) as paragraphs (3) and (4),
respectively;</DELETED>
<DELETED> (B) in subsection (l)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) in paragraph (6), by striking
``; except that'' and all that follows through
``stalking.''; and</DELETED>
<DELETED> (C) by striking subsection (u).</DELETED>
<DELETED> (2) Section 8.--Section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) is amended--</DELETED>
<DELETED> (A) in subsection (c), by striking
paragraph (9);</DELETED>
<DELETED> (B) in subsection (d)(1)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) in subparagraph (B)--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (II) in clause (iii), by
striking ``, except that:'' and all
that follows through
``stalking.'';</DELETED>
<DELETED> (C) in subsection (f)--</DELETED>
<DELETED> (i) in paragraph (6), by adding
``and'' at the end;</DELETED>
<DELETED> (ii) in paragraph (7), by striking
the semicolon at the end and inserting a
period; and</DELETED>
<DELETED> (iii) by striking paragraphs (8),
(9), (10), and (11);</DELETED>
<DELETED> (D) in subsection (o)--</DELETED>
<DELETED> (i) in paragraph (6)(B), by
striking the last sentence;</DELETED>
<DELETED> (ii) in paragraph (7)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (II) in subparagraph (D),
by striking ``; except that'' and all
that follows through ``stalking.'';
and</DELETED>
<DELETED> (iii) by striking paragraph (20);
and</DELETED>
<DELETED> (E) by striking subsection (ee).</DELETED>
<DELETED> (3) Rule of construction.--Nothing in this Act, or
the amendments made by this Act, shall be construed--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) provides greater protection
for victims of domestic violence, dating
violence, sexual assault, and stalking than
this Act.</DELETED>
<DELETED>SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
AND STALKING.</DELETED>
<DELETED> Chapter 11 of the Violence Against Women Act of 1994 (42
U.S.C. 13975 et seq.) is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) in section 40299 (42 U.S.C. 13975)--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (B) in subsection (a)(1), by striking
``fleeing''; and</DELETED>
<DELETED> (C) in subsection (g)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) in paragraph (3)--</DELETED>
<DELETED> (I) in subparagraph (A),
by striking ``eligible'' and inserting
``qualified''; and</DELETED>
<DELETED> (II) by adding at the end
the following:</DELETED>
<DELETED> ``(D) Qualified application defined.--In
this paragraph, the term `qualified application' means
an application that--</DELETED>
<DELETED> ``(i) has been submitted by an
eligible applicant;</DELETED>
<DELETED> ``(ii) does not propose any
significant activities that may compromise
victim safety;</DELETED>
<DELETED> ``(iii) reflects an understanding
of the dynamics of domestic violence, dating
violence, sexual assault, or stalking;
and</DELETED>
<DELETED> ``(iv) does not propose prohibited
activities, including mandatory services for
victims, background checks of victims, or
clinical evaluations to determine eligibility
for services.''.</DELETED>
<DELETED>SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.</DELETED>
<DELETED> Subtitle N of the Violence Against Women Act of 1994 (42
U.S.C. 14043e et seq.) is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE</DELETED>
<DELETED>SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO
ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>TITLE VIII--PROTECTION OF BATTERED IMMIGRANTS</DELETED>
<DELETED>SEC. 801. U NONIMMIGRANT DEFINITION.</DELETED>
<DELETED> 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;''.</DELETED>
<DELETED>SEC. 802. ANNUAL REPORT ON IMMIGRATION APPLICATIONS MADE BY
VICTIMS OF ABUSE.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1) The number of aliens who--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) were granted such nonimmigrant status
during such fiscal year; or</DELETED>
<DELETED> (C) were denied such nonimmigrant status
during such fiscal year.</DELETED>
<DELETED> (2) The mean amount of time and median amount of
time to adjudicate an application for such nonimmigrant status
during such fiscal year.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 803. PROTECTION FOR CHILDREN OF VAWA SELF-
PETITIONERS.</DELETED>
<DELETED> Section 204(l)(2) of the Immigration and Nationality Act
(8 U.S.C. 1154(l)(2)) is amended--</DELETED>
<DELETED> (1) in subparagraph (E), by striking ``or'' at the
end;</DELETED>
<DELETED> (2) by redesignating subparagraph (F) as
subparagraph (G); and</DELETED>
<DELETED> (3) by inserting after subparagraph (E) the
following:</DELETED>
<DELETED> ``(F) a derivative beneficiary of an alien
who was a VAWA self-petitioner; or''.</DELETED>
<DELETED>SEC. 804. PUBLIC CHARGE.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(E) Special rule for qualified alien
victims.--Subparagraphs (A), (B), and (C) shall not
apply to an alien who--</DELETED>
<DELETED> ``(i) is a VAWA self-
petitioner;</DELETED>
<DELETED> ``(ii) is an applicant for, or is
granted, nonimmigrant status under section
101(a)(15)(U); or</DELETED>
<DELETED> ``(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)).''.</DELETED>
SEC. 805. REQUIREMENTS APPLICABLE TO U VISAS.
<DELETED> (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:</DELETED>
<DELETED> ``(1) Petitioning procedures for section
101(a)(15)(U) visas.--</DELETED>
<DELETED> ``(A) Certification.--The petition filed
by an alien under section 101(a)(15)(U)(i) shall
contain a certification--</DELETED>
<DELETED> ``(i) from--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) an appropriate
official of the Department of Homeland
Security whose ability to provide such
certification is not limited to
information concerning immigration
violations;</DELETED>
<DELETED> ``(ii) that is signed by an
official with supervisory responsibilities, but
who is not required to be the head of the
certifying agency; and</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(7) Age determinations.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 806. HARDSHIP WAIVERS.</DELETED>
<DELETED> (a) In General.--Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--</DELETED>
<DELETED> (1) in subparagraph (A), by striking the comma at
the end and inserting a semicolon;</DELETED>
<DELETED> (2) in subparagraph (B), by striking ``(1), or''
and inserting ``(1); or'';</DELETED>
<DELETED> (3) in subparagraph (C), by striking the period at
the end and inserting a semicolon and ``or''; and</DELETED>
<DELETED> (4) by inserting after subparagraph (C) the
following:</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) in the undesignated paragraph at the end--
</DELETED>
<DELETED> (A) in the first sentence, by striking
``Attorney General'' and inserting ``Secretary of
Homeland Security'';</DELETED>
<DELETED> (B) in the second sentence, by striking
``Attorney General'' and inserting
``Secretary'';</DELETED>
<DELETED> (C) in the third sentence, by striking
``Attorney General.'' and inserting ``Secretary.'';
and</DELETED>
<DELETED> (D) in the fourth sentence, by striking
``Attorney General'' and inserting
``Secretary''.</DELETED>
<DELETED>SEC. 807. EMPLOYMENT AUTHORIZATION.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the date the alien's petition for such
status is approved; or</DELETED>
<DELETED> ``(ii) 180 days after the date the alien filed a
petition for such status.''.</DELETED>
<DELETED>SEC. 808. PROTECTIONS FOR A FIANCEE OR FIANCE OF A
CITIZEN.</DELETED>
<DELETED> (a) In General.--Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended--</DELETED>
<DELETED> (1) in subsection (d)--</DELETED>
<DELETED> (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).'';</DELETED>
<DELETED> (B) in paragraph (2)(A), in the matter
preceding clause (i)--</DELETED>
<DELETED> (i) by striking ``a consular
officer'' and inserting ``the Secretary of
Homeland Security''; and</DELETED>
<DELETED> (ii) by striking ``the officer''
and inserting ``the Secretary''; and</DELETED>
<DELETED> (C) in paragraph (3)(B)(i), by striking
``abuse, and stalking.'' and inserting ``abuse,
stalking, or an attempt to commit any such crime.'';
and</DELETED>
<DELETED> (2) in subsection (r)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) by amending paragraph (4)(B)(ii) to
read as follows:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (3) in paragraph (5)(B)(i), by striking ``abuse,
and stalking.'' and inserting ``abuse, stalking, or an attempt
to commit any such crime.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in subsection (a)(5)(A)--</DELETED>
<DELETED> (A) in clause (iii)--</DELETED>
<DELETED> (i) by striking ``State any'' and
inserting ``State, for inclusion in the mailing
described in clause (i), any''; and</DELETED>
<DELETED> (ii) by striking the last
sentence; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) shall not be used
or disclosed for any other purpose
unless expressly authorized by
law.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) whether the
petitioner disclosed a protection
order, a restraining order, or criminal
history information on the visa
petition;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in subsection (b)(1)(A), by striking ``or''
after ``orders'' and inserting ``and''.</DELETED>
<DELETED>SEC. 809. REGULATION OF INTERNATIONAL MARRIAGE
BROKERS.</DELETED>
<DELETED> (a) Implementation of the International Marriage Broker
Act of 2005.--</DELETED>
<DELETED> (1) Findings.--Congress finds the
following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by amending paragraph (1) to read as
follows:</DELETED>
<DELETED> ``(1) Prohibition on marketing to children.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Compliance.--To comply with the
requirements of subparagraph (A), an international
marriage broker shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(ii) indicate on such
certificate or document the date it was
received by the international marriage
broker;</DELETED>
<DELETED> ``(iii) retain the original of
such certificate or document for 7 years after
such date of receipt; and</DELETED>
<DELETED> ``(iv) produce such certificate or
document upon request to an appropriate
authority charged with the enforcement of this
paragraph.'';</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) in subparagraph (A)(i)--</DELETED>
<DELETED> (i) in the heading, by striking
``registries.--'' and inserting ``websites.--
''; and</DELETED>
<DELETED> (ii) by striking ``Registry or
State sex offender public registry,'' and
inserting ``Website,''; and</DELETED>
<DELETED> (B) in subparagraph (B)(ii), by striking
``or stalking.'' and inserting ``stalking, or an
attempt to commit any such crime.'';</DELETED>
<DELETED> (3) in paragraph (3)--</DELETED>
<DELETED> (A) in subparagraph (A)--</DELETED>
<DELETED> (i) in clause (i), by striking
``Registry in which the United States client
has resided during the previous 20 years,'' and
inserting ``Website''; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) by striking subparagraph
(C);</DELETED>
<DELETED> (4) in paragraph (5)--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (B) by amending subparagraph (B) to read
as follows:</DELETED>
<DELETED> ``(B) Federal criminal penalties.--
</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (C) in subparagraph (C), by striking the
period at the end and inserting ``including equitable
remedies.'';</DELETED>
<DELETED> (5) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and</DELETED>
<DELETED> (6) by inserting after paragraph (5) the
following:</DELETED>
<DELETED> ``(6) Enforcement.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in the subsection heading, by striking ``Study
and Report.--'' and inserting ``Studies and Reports.--'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(4) Continuing impact study and report.--
</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>SEC. 810. ELIGIBILITY OF CRIME AND TRAFFICKING VICTIMS IN THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS TO ADJUST
STATUS.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>TITLE IX--SAFETY FOR INDIAN WOMEN</DELETED>
<DELETED>SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS.</DELETED>
<DELETED> 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--
</DELETED>
<DELETED> (1) in paragraph (2), by inserting ``sex
trafficking,'' after ``sexual assault,'';</DELETED>
<DELETED> (2) in paragraph (4), by inserting ``sex
trafficking,'' after ``sexual assault,'';</DELETED>
<DELETED> (3) in paragraph (5), by striking ``and stalking''
and all that follows and inserting ``sexual assault, sex
trafficking, and stalking;'';</DELETED>
<DELETED> (4) in paragraph (7)--</DELETED>
<DELETED> (A) by inserting ``sex trafficking,''
after ``sexual assault,'' each place it appears;
and</DELETED>
<DELETED> (B) by striking ``and'' at the
end;</DELETED>
<DELETED> (5) in paragraph (8)--</DELETED>
<DELETED> (A) by inserting ``sex trafficking,''
after ``stalking,''; and</DELETED>
<DELETED> (B) by striking the period at the end and
inserting a semicolon; and</DELETED>
<DELETED> (6) by adding at the end the following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS.</DELETED>
<DELETED> 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--
</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) in subparagraph (B), by striking
``and'' at the end;</DELETED>
<DELETED> (B) in subparagraph (C), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in paragraph (2)(B), by striking ``individuals
or''.</DELETED>
<DELETED>SEC. 903. CONSULTATION.</DELETED>
<DELETED> Section 903 of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (42 U.S.C. 14045d) is amended--
</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``and the Violence Against
Women Act of 2000'' and inserting ``, the Violence
Against Women Act of 2000''; and</DELETED>
<DELETED> (B) by inserting ``, and the Violence
Against Women Reauthorization Act of 2011'' before the
period at the end;</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) in paragraph (2), by striking ``and
stalking'' and inserting ``stalking, and sex
trafficking''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(c) Annual Report.--The Attorney General shall submit to
Congress an annual report on the annual consultations required under
subsection (a) that--</DELETED>
<DELETED> ``(1) contains the recommendations made under
subsection (b) by Indian tribes during the year covered by the
report;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 904. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC
VIOLENCE.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC
VIOLENCE.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Indian country.--The term `Indian country'
has the meaning given the term in section 1151 of title 18,
United States Code.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Nature of the Criminal Jurisdiction.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(3) Applicability.--Nothing in this section--
</DELETED>
<DELETED> ``(A) creates or eliminates any Federal or
State criminal jurisdiction over Indian country;
or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(1) Domestic violence and dating violence.--An
act of domestic violence or dating violence that occurs in the
Indian country of the participating tribe.</DELETED>
<DELETED> ``(2) Violations of protection orders.--An act
that--</DELETED>
<DELETED> ``(A) occurs in the Indian country of the
participating tribe; and</DELETED>
<DELETED> ``(B) violates the relevant portion of a
protection order that--</DELETED>
<DELETED> ``(i) was issued against the
defendant;</DELETED>
<DELETED> ``(ii) is enforceable by the
participating tribe; and</DELETED>
<DELETED> ``(iii) is consistent with section
2265(b) of title 18, United States
Code.</DELETED>
<DELETED> ``(d) Dismissal of Certain Cases.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the defendant files a pretrial
motion to dismiss on the grounds that the alleged
offense did not involve an Indian; and</DELETED>
<DELETED> ``(B) the participating tribe fails to
prove that the defendant or an alleged victim is an
Indian.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) the prosecuting tribe fails to prove
that the defendant or an alleged victim--</DELETED>
<DELETED> ``(i) resides in the Indian
country of the participating tribe;</DELETED>
<DELETED> ``(ii) is employed in the Indian
country of the participating tribe;
or</DELETED>
<DELETED> ``(iii) is a spouse or intimate
partner of a member of the participating
tribe.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) all applicable rights under this
Act;</DELETED>
<DELETED> ``(2) if a term of imprisonment of any length is
imposed, all rights described in section 202(c); and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Petitions To Stay Detention.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Grant of stay.--A court shall grant a stay
described in paragraph (1) if the court--</DELETED>
<DELETED> ``(A) finds that there is a substantial
likelihood that the habeas corpus petition will be
granted; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(g) Grants to Tribal Governments.--The Attorney General
may award grants to the governments of Indian tribes (or to authorized
designees of those governments)--</DELETED>
<DELETED> ``(1) to strengthen tribal criminal justice
systems to assist Indian tribes in exercising special domestic
violence criminal jurisdiction, including to strengthen--
</DELETED>
<DELETED> ``(A) law enforcement (including the
capacity to enter information into and obtain
information from national crime information
databases);</DELETED>
<DELETED> ``(B) prosecution;</DELETED>
<DELETED> ``(C) trial and appellate
courts;</DELETED>
<DELETED> ``(D) probation systems;</DELETED>
<DELETED> ``(E) detention and correctional
facilities;</DELETED>
<DELETED> ``(F) alternative rehabilitation
centers;</DELETED>
<DELETED> ``(G) culturally appropriate services and
assistance for victims and their families;
and</DELETED>
<DELETED> ``(H) criminal codes and rules of criminal
procedure, appellate procedure, and evidence;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 905. TRIBAL PROTECTION ORDERS.</DELETED>
<DELETED> Section 2265 of title 18, United States Code, is amended
by striking subsection (e) and inserting the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 906. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.</DELETED>
<DELETED> (a) In General.--Section 113 of title 18, United States
Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking paragraph (1) and
inserting the following:</DELETED>
<DELETED> ``(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.'';</DELETED>
<DELETED> (B) in paragraph (2), by striking ``felony
under chapter 109A'' and inserting ``violation of
section 2241 or 2242'';</DELETED>
<DELETED> (C) in paragraph (3) by striking ``and
without just cause or excuse,'';</DELETED>
<DELETED> (D) in paragraph (4), by striking ``six
months'' and inserting ``1 year'';</DELETED>
<DELETED> (E) in paragraph (7)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) by striking ``fine'' and
inserting ``a fine''; and</DELETED>
<DELETED> (F) by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) by striking ``(b) As used in this
subsection--'' and inserting the following:</DELETED>
<DELETED> ``(b) Definitions.--In this section--'';</DELETED>
<DELETED> (B) in paragraph (1)(B), by striking
``and'' at the end;</DELETED>
<DELETED> (C) in paragraph (2), by striking the
period at the end and inserting a semicolon;
and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(3) the terms `dating partner' and `spouse or
intimate partner' have the meanings given those terms in
section 2266;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (c) Repeat Offenders.--Section 2265A(b)(1)(B) of title 18,
United States Code, is amended by inserting ``or tribal'' after
``State''.</DELETED>
<DELETED>SEC. 907. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN
WOMEN.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) in paragraph (2)(A)--</DELETED>
<DELETED> (A) in clause (iv), by striking ``and'' at
the end;</DELETED>
<DELETED> (B) in clause (v), by striking the period
at the end and inserting ``; and''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(vi) sex
trafficking.'';</DELETED>
<DELETED> (3) in paragraph (4), by striking ``this Act'' and
inserting ``the Violence Against Women Reauthorization Act of
2011''; and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 908. EFFECTIVE DATES; PILOT PROJECT.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Effective Date for Special Domestic-Violence Criminal
Jurisdiction.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Pilot project.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE X--OTHER MATTERS</DELETED>
<DELETED>SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL
ABUSE.</DELETED>
<DELETED> (a) Sexual Abuse of a Minor or Ward.--Section 2243(b) of
title 18, United States Code, is amended to read as follows:</DELETED>
<DELETED> ``(b) Of a Ward.--</DELETED>
<DELETED> ``(1) Offenses.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) in official detention or
supervised by, or otherwise under the control
of, the United States--</DELETED>
<DELETED> ``(I) during or after
arrest;</DELETED>
<DELETED> ``(II) after release
pretrial;</DELETED>
<DELETED> ``(III) while on bail,
probation, supervised release, or
parole;</DELETED>
<DELETED> ``(IV) after release
following a finding of juvenile
delinquency; or</DELETED>
<DELETED> ``(V) after release
pending any further judicial
proceedings;</DELETED>
<DELETED> ``(ii) under the professional
custodial, supervisory, or disciplinary control
or authority of the person engaging or
attempting to engage in the sexual act;
and</DELETED>
<DELETED> ``(iii) at the time of the sexual
act--</DELETED>
<DELETED> ``(I) in the special
maritime and territorial jurisdiction
of the United States;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Penalties.--</DELETED>
<DELETED> ``(A) In general.--A person that violates
paragraph (1)(A) shall--</DELETED>
<DELETED> ``(i) be fined under this title,
imprisoned for not more than 15 years, or both;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Penalties for Sexual Abuse.--</DELETED>
<DELETED> (1) In general.--Chapter 13 of title 18, United
States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 250. Penalties for sexual abuse</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``250. Penalties for sexual abuse.''.
<DELETED>SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (c) Adoption and Effect of National Standards.--Section 8
of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15607) is
amended--</DELETED>
<DELETED> (1) by redesignating subsection (c) as subsection
(e); and</DELETED>
<DELETED> (2) by inserting after subsection (b) the
following:</DELETED>
<DELETED> ``(c) Applicability to Detention Facilities Operated by
the Department of Homeland Security.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Compliance.--The Secretary of Homeland
Security shall--</DELETED>
<DELETED> ``(A) assess compliance with the standards
adopted under paragraph (1) on a regular basis;
and</DELETED>
<DELETED> ``(B) include the results of the
assessments in performance evaluations of facilities
completed by the Department of Homeland
Security.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(d) Applicability to Custodial Facilities Operated by
the Department of Health and Human Services.--</DELETED>
<DELETED> ``(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))).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Compliance.--The Secretary of Health and
Human Services shall--</DELETED>
<DELETED> ``(A) assess compliance with the standards
adopted under paragraph (1) on a regular basis;
and</DELETED>
<DELETED> ``(B) include the results of the
assessments in performance evaluations of facilities
completed by the Department of Health and Human
Services.</DELETED>
<DELETED> ``(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).''.</DELETED>
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.
Sec. 4. Effective date.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
Sec. 101. Stop grants.
Sec. 102. Grants to encourage arrest policies and enforcement of
protection orders.
Sec. 103. Legal assistance for victims.
Sec. 104. Consolidation of grants to support families in the justice
system.
Sec. 105. Sex offender management.
Sec. 106. Court-appointed special advocate program.
Sec. 107. Criminal provision relating to stalking, including
cyberstalking.
Sec. 108. Outreach and services to underserved populations grant.
Sec. 109. Culturally specific services grant.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 201. Sexual assault services program.
Sec. 202. Rural domestic violence, dating violence, sexual assault,
stalking, and child abuse enforcement
assistance.
Sec. 203. Training and services to end violence against women with
disabilities grants.
Sec. 204. Enhanced training and services to end abuse in later life.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
Sec. 301. Rape prevention and education grant.
Sec. 302. Creating hope through outreach, options, services, and
education for children and youth.
Sec. 303. Grants to combat violent crimes on campuses.
Sec. 304. Campus sexual violence, domestic violence, dating violence,
and stalking education and prevention.
TITLE IV--VIOLENCE REDUCTION PRACTICES
Sec. 401. Study conducted by the centers for disease control and
prevention.
Sec. 402. Saving money and reducing tragedies through prevention
grants.
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 501. Consolidation of grants to strengthen the healthcare system's
response to domestic violence, dating
violence, sexual assault, and stalking.
TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING
Sec. 601. Housing protections for victims of domestic violence, dating
violence, sexual assault, and stalking.
Sec. 602. Transitional housing assistance grants for victims of
domestic violence, dating violence, sexual
assault, and stalking.
Sec. 603. Addressing the housing needs of victims of domestic violence,
dating violence, sexual assault, and
stalking.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
Sec. 701. National Resource Center on Workplace Responses to assist
victims of domestic and sexual violence.
TITLE VIII--PROTECTION OF BATTERED IMMIGRANTS
Sec. 801. U nonimmigrant definition.
Sec. 802. Annual report on immigration applications made by victims of
abuse.
Sec. 803. Protection for children of VAWA self-petitioners.
Sec. 804. Public charge.
Sec. 805. Requirements applicable to U visas.
Sec. 806. Hardship waivers.
Sec. 807. Protections for a fiancee or fiance of a citizen.
Sec. 808. Regulation of international marriage brokers.
Sec. 809. Eligibility of crime and trafficking victims in the
Commonwealth of the Northern Mariana
Islands to adjust status.
TITLE IX--SAFETY FOR INDIAN WOMEN
Sec. 901. Grants to Indian tribal governments.
Sec. 902. Grants to Indian tribal coalitions.
Sec. 903. Consultation.
Sec. 904. Tribal jurisdiction over crimes of domestic violence.
Sec. 905. Tribal protection orders.
Sec. 906. Amendments to the Federal assault statute.
Sec. 907. Analysis and research on violence against Indian women.
Sec. 908. Effective dates; pilot project.
Sec. 909. Indian law and order commission.
TITLE X--OTHER MATTERS
Sec. 1001. Criminal provisions relating to sexual abuse.
Sec. 1002. Sexual abuse in custodial settings.
Sec. 1003. Anonymous online harassment.
Sec. 1004. Stalker database.
Sec. 1005. Federal victim assistants reauthorization.
Sec. 1006. Child abuse training programs for judicial personnel and
practitioners reauthorization.
Sec. 1007. Mandatory minimum sentence.
Sec. 1008. Removal of drunk drivers.
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 (3);
(C) paragraphs (3) and (4) as paragraphs (4) and
(5), respectively;
(D) paragraphs (6) through (9) as paragraphs (8)
through (11), respectively;
(E) paragraphs (10) through (16) as paragraphs (13)
through (19), respectively;
(F) paragraph (18) as paragraph (20);
(G) paragraphs (19) and (20) as paragraphs (23) and
(24), respectively;
(H) paragraphs (21) through (23) as paragraphs (26)
through (28), respectively;
(I) paragraphs (24) through (33) as paragraphs (30)
through (39), respectively;
(J) paragraphs (34) and (35) as paragraphs (43) and
(44); and
(K) paragraph (37) as paragraph (45);
(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) in paragraph (3), as redesignated, by striking
``serious harm.'' and inserting ``serious harm to an
unemancipated minor.'';
(4) in paragraph (4), as redesignated, by striking ``The
term'' through ``that--'' and inserting ``The term `community-
based organization' means a nonprofit, nongovernmental, or
tribal organization that serves a specific geographic community
that--'';
(5) by striking paragraph (5), as in effect before the
amendments made by this subsection;
(6) by inserting after paragraph (7), as redesignated, the
following:
``(6) Culturally specific services.--The term `culturally
specific services' means community-based services that include
culturally relevant and linguistically specific services and
resources to culturally specific communities.
``(7) Culturally specific.--The term `culturally specific'
means primarily directed toward racial and ethnic minority
groups (as defined in section 1707(g) of the Public Health
Service Act (42 U.S.C. 300u-6(g)).'';
(7) in paragraph (8), as redesignated, by inserting ``or
intimate partner'' after ``former spouse'' and ``as a spouse'';
(8) by inserting after paragraph (11), as redesignated, the
following:
``(12) Homeless.--The term `homeless' has the meaning
provided in 42 U.S.C. 14043e-2(6).'';
(9) in paragraph (18), as redesignated, by inserting ``or
Village Public Safety Officers'' after ``government victim
service programs;
(10) in paragraph (21), as redesignated, by inserting at
the end the following:
``Intake or referral, by itself, does not constitute legal
assistance.'';
(11) by striking paragraph (17), as in effect before the
amendments made by this subsection;
(12) by amending paragraph (20), as redesignated, to read
as follows:
``(20) Personally identifying information or personal
information.--The term `personally identifying information' or
`personal information' means individually identifying
information for or about an individual including information
likely to disclose the location of a victim of domestic
violence, dating violence, sexual assault, or stalking,
regardless of whether the information is encoded, encrypted,
hashed, or otherwise protected, including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-
mail or Internet protocol address, or telephone or
facsimile number);
``(D) a social security number, driver license
number, passport number, or student identification
number; and
``(E) any other information, including date of
birth, racial or ethnic background, or religious
affiliation, that would serve to identify any
individual.'';
(13) by inserting after paragraph (20), as redesignated,
the following:
``(21) Population specific organization.--The term
`population specific organization' means a nonprofit,
nongovernmental organization that primarily serves members of a
specific underserved population and has demonstrated experience
and expertise providing targeted services to members of that
specific underserved population.
``(22) Population specific services.--The term `population
specific services' means victim-centered services that address
the safety, health, economic, legal, housing, workplace,
immigration, confidentiality, or other needs of victims of
domestic violence, dating violence, sexual assault, or
stalking, and that are designed primarily for and are targeted
to a specific underserved population.'';
(14) in paragraph (23), as redesignated, by striking
``services'' and inserting ``assistance'';
(15) by inserting after paragraph (24), as redesignated,
the following:
``(25) Rape crisis center.--The term `rape crisis center'
means a nonprofit, nongovernmental, or tribal organization, or
governmental entity in a State other than a Territory that
provides intervention and related assistance, as specified in
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.'';
(16) in paragraph (26), 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.'';
(17) in paragraph (27), as redesignated--
(A) by striking ``52'' and inserting ``57''; and
(B) by striking ``150,000'' and inserting
``250,000'';
(18) by striking paragraph (28), as redesignated, and
inserting the following:
``(28) 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 inserting after paragraph (28), as redesignated,
the following:
``(29) 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.'';
(20) by striking paragraph (35), as redesignated, and
inserting the following:
``(35) Tribal coalition.--The term `tribal coalition' means
an established nonprofit, nongovernmental Indian organization
or a Native Hawaiian organization that--
``(A) provides education, support, and technical
assistance to member Indian service providers in a
manner that enables those member providers to establish
and maintain culturally appropriate services, including
shelter and rape crisis services, designed to assist
Indian women and the dependents of those women who are
victims of domestic violence, dating violence, sexual
assault, and stalking; and
``(B) is comprised of board and general members
that are representative of--
``(i) the member service providers
described in subparagraph (A); and
``(ii) the tribal communities in which the
services are being provided;'';
(21) by amending paragraph (39), as redesignated, to read
as follows:
``(39) Underserved populations.--The term `underserved
populations' means populations who face barriers in accessing
and using victim services, and includes populations underserved
because of geographic location, religion, sexual orientation,
gender identity, underserved racial and ethnic populations,
populations underserved because of special needs (such as
language barriers, disabilities, alienage status, or age), and
any other population determined to be underserved by the
Attorney General or by the Secretary of Health and Human
Services, as appropriate.'';
(22) by inserting after paragraph (39), as redesignated,
the following:
``(40) Unit of local government.--The term `unit of local
government' means any city, county, township, town, borough,
parish, village, or other general purpose political subdivision
of a State.'';
(23) by striking paragraph (36), as in effect before the
amendments made by this subsection, and inserting the
following:
``(41) Victim services or services.--The terms `victim
services' and `services' means 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.
``(42) Victim service provider.--The term `victim service
provider' means a nonprofit, nongovernmental or tribal
organization or rape crisis center, including a State or tribal
coalition, that assists or advocates for domestic violence,
dating violence, sexual assault, or stalking victims, including
domestic violence shelters, faith-based organizations, and
other organizations, with a documented history of effective
work concerning domestic violence, dating violence, sexual
assault, or stalking.''; and
(24) by striking paragraph (43), as redesignated, and
inserting the following:
``(43) 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 and 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 sex segregation or sex-
specific programming is necessary to the essential
operation of a program, nothing in this paragraph shall
prevent any such program or activity from consideration
of an individual's sex. In such circumstances, grantees
may meet the requirements of this paragraph by
providing comparable services to individuals who cannot
be provided with the sex-segregated or sex-specific
programming.
``(C) Discrimination.--The authority of the
Attorney General and the Office of Justice Programs to
enforce this paragraph shall be the same as it is under
section 3789d of title 42, United States Code.
``(D) Construction.--Nothing contained in this
paragraph shall be construed, interpreted, or applied
to supplant, displace, preempt, or otherwise diminish
the responsibilities and liabilities under other State
or Federal civil rights law, whether statutory or
common.
``(14) Clarification of victim services and legal
assistance.--Victim services and legal assistance under this
title also include services and assistance to victims of
domestic violence, dating violence, sexual assault, or stalking
who are also victims of severe forms of trafficking in persons
as defined by section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102).
``(15) Conferral.--
``(A) In general.--The Office on Violence Against
Women shall establish a biennial conferral process with
State and tribal coalitions and technical assistance
providers who receive funding through grants
administered by the Office on Violence Against Women
and authorized by this Act, and other key stakeholders.
``(B) Areas covered.--The areas of conferral under
this paragraph shall include--
``(i) the administration of grants;
``(ii) unmet needs;
``(iii) promising practices in the field;
and
``(iv) emerging trends.
``(C) Initial conferral.--The first conferral shall
be initiated not later than 6 months after the date of
enactment of the Violence Against Women Reauthorization
Act of 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;
``(ii) is made available to the public on
the Office on Violence Against Women's website
and submitted to the Committee on the Judiciary
of the Senate and the Committee on the
Judiciary of the House of Representatives.
``(16) Accountability.--All grants awarded by the Attorney
General under this Act shall be subject to the following
accountability provisions:
``(A) Audit requirement.--
``(i) In general.--Beginning in the first
fiscal year beginning after the date of the
enactment of this Act, and in each fiscal year
thereafter, the Inspector General of the
Department of Justice shall conduct audits of
recipients of grants under this Act to prevent
waste, fraud, and abuse of funds by grantees.
The Inspector General shall determine the
appropriate number of grantees to be audited
each year.
``(ii) Definition.--In this paragraph, the
term `unresolved audit finding' means a finding
in the final audit report of the Inspector
General of the Department of Justice that the
audited grantee has utilized grant funds for an
unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved
within 12 months from the date when the final
audit report is issued.
``(iii) Mandatory exclusion.--A recipient
of grant funds under this Act that is found to
have an unresolved audit finding shall not be
eligible to receive grant funds under this Act
during the following 2 fiscal years.
``(iv) Priority.--In awarding grants under
this Act, the Attorney General shall give
priority to eligible entities that did not have
an unresolved audit finding during the 3 fiscal
years prior to submitting an application for a
grant under this Act.
``(v) Reimbursement.--If an entity is
awarded grant funds under this Act during the
2-fiscal-year period in which the entity is
barred from receiving grants under paragraph
(2), the Attorney General shall--
``(I) deposit an amount equal to
the grant funds that were improperly
awarded to the grantee into the General
Fund of the Treasury; and
``(II) seek to recoup the costs of
the repayment to the fund from the
grant recipient that was erroneously
awarded grant funds.
``(B) Nonprofit organization requirements.--
``(i) Definition.--For purposes of this
paragraph and the grant programs described in
this Act, the term `nonprofit organization'
means an organization that is described in
section 501(c)(3) of the Internal Revenue Code
of 1986 and is exempt from taxation under
section 501(a) of such Code.
``(ii) Prohibition.--The Attorney General
may not award a grant under any grant program
described in this Act to a nonprofit
organization that holds money in offshore
accounts for the purpose of avoiding paying the
tax described in section 511(a) of the Internal
Revenue Code of 1986.
``(iii) Disclosure.--Each nonprofit
organization that is awarded a grant under a
grant program described in this Act and uses
the procedures prescribed in regulations to
create a rebuttable presumption of
reasonableness for the compensation of its
officers, directors, trustees and key
employees, shall disclose to the Attorney
General, in the application for the grant, the
process for determining such compensation,
including the independent persons involved in
reviewing and approving such compensation, the
comparability data used, and contemporaneous
substantiation of the deliberation and
decision. Upon request, the Attorney General
shall make the information disclosed under this
subsection available for public inspection.
``(C) Conference expenditures.--
``(i) Limitation.--No amounts authorized to
be appropriated to the Department of Justice
under this Act may be used by the Attorney
General, or by any individual or organization
awarded discretionary funds through a
cooperative agreement under this Act, to host
or support any expenditure for conferences that
uses more than $20,000 in Department funds,
unless the Deputy Attorney General or such
Assistant Attorney Generals, Directors, or
principal deputies as the Deputy Attorney
General may designate, provides prior written
authorization that the funds may be expended to
host a conference.
``(ii) Written approval.--Written approval
under clause (i) shall include a written
estimate of all costs associated with the
conference, including the cost of all food and
beverages, audiovisual equipment, honoraria for
speakers, and any entertainment.
``(iii) Report.--The Deputy Attorney
General shall submit an annual report to the
Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives on all approved conference
expenditures referenced in this paragraph.
``(D) Annual certification.--Beginning in the first
fiscal year beginning after the date of the enactment
of this Act, the Attorney General shall submit, to the
Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the
House of Representatives, an annual certification
that--
``(i) all audits issued by the Office of
the Inspector General under paragraph (1) have
been completed and reviewed by the appropriate
Assistant Attorney General or Director;
``(ii) all mandatory exclusions required
under subparagraph (A)(iii) have been issued;
``(iii) all reimbursements required under
subparagraph (A)(v) have been made; and
``(iv) includes a list of any grant
recipients excluded under subparagraph (A) from
the previous year.''.
SEC. 4. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, the
provisions of titles I, II, III, IV, VII, and sections 602, 901, and
902 of this Act shall not take effect until the beginning of the fiscal
year following the date of enactment of this Act.
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''; and
(iii) by striking ``sexual assault and
domestic violence'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking'';
(G) by striking paragraph (6) and redesignating
paragraphs (7) through (14) as paragraphs (6) through
(13), respectively;
(H) in paragraph (6), as redesignated by
subparagraph (G), by striking ``sexual assault and
domestic violence'' and inserting ``domestic violence,
dating violence, sexual assault, and stalking'';
(I) in paragraph (7), as redesignated by
subparagraph (G), by striking ``and dating violence''
and inserting ``dating violence, and stalking'';
(J) in paragraph (9), as redesignated by
subparagraph (G), by striking ``domestic violence or
sexual assault'' and inserting `` domestic violence,
dating violence, sexual assault, or stalking'';
(K) in paragraph (12), as redesignated by
subparagraph (G)--
(i) in subparagraph (A), by striking
``triage protocols to ensure that dangerous or
potentially lethal cases are identified and
prioritized'' and inserting ``the use of
evidence-based indicators to assess the risk of
domestic and dating violence homicide and
prioritize dangerous or potentially lethal
cases''; and
(ii) by striking ``and'' at the end;
(L) in paragraph (13), as redesignated by
subparagraph (G)--
(i) by striking ``to provide'' and
inserting ``providing'';
(ii) by striking ``nonprofit
nongovernmental'';
(iii) by striking the comma after ``local
governments'';
(iv) in the matter following subparagraph
(C), by striking ``paragraph (14)'' and
inserting ``paragraph (13)''; and
(v) by striking the period at the end and
inserting a semicolon; and
(M) by inserting after paragraph (13), as
redesignated by subparagraph (G), the following:
``(14) developing and promoting State, local, or tribal
legislation and policies that enhance best practices for
responding to domestic violence, dating violence, sexual
assault, and stalking;
``(15) developing, implementing, or enhancing Sexual
Assault Response Teams, or other similar coordinated community
responses to sexual assault;
``(16) developing and strengthening policies, protocols,
best practices, and training for law enforcement agencies and
prosecutors relating to the investigation and prosecution of
sexual assault cases and the appropriate treatment of victims;
``(17) developing, enlarging, or strengthening programs
addressing sexual assault against men, women, and youth in
correctional and detention settings;
``(18) identifying and conducting inventories of backlogs
of sexual assault evidence collection kits and developing
protocols and policies for responding to and addressing such
backlogs, including protocols and policies for notifying and
involving victims;
``(19) developing, enlarging, or strengthening programs and
projects to provide services and responses targeting male and
female victims of domestic violence, dating violence, sexual
assault, or stalking, whose ability to access traditional
services and responses is affected by their sexual orientation
or gender identity, as defined in section 249(c) of title 18,
United States Code; and
``(20) developing, enhancing, or strengthening prevention
and educational programming to address domestic violence,
dating violence, sexual assault, or stalking, with not more
than 5 percent of the amount allocated to a State to be used
for this purpose.'';
(3) in section 2007 (42 U.S.C. 3796gg-1)--
(A) in subsection (a), by striking ``nonprofit
nongovernmental victim service programs'' and inserting
``victim service providers'';
(B) in subsection (b)(6), by striking ``(not
including populations of Indian tribes)'';
(C) in subsection (c)--
(i) by striking paragraph (2) and inserting
the following:
``(2) grantees and subgrantees shall develop a plan for
implementation and shall consult and coordinate with--
``(A) the State sexual assault coalition;
``(B) the State domestic violence coalition;
``(C) the law enforcement entities within the
State;
``(D) prosecution offices;
``(E) State and local courts;
``(F) Tribal governments in those States with State
or federally recognized Indian tribes;
``(G) representatives from underserved populations,
including culturally specific populations;
``(H) victim service providers;
``(I) population specific organizations; and
``(J) other entities that the State or the Attorney
General identifies as needed for the planning
process;'';
(ii) by redesignating paragraph (3) as
paragraph (4);
(iii) by inserting after paragraph (2), as
amended by clause (i), the following:
``(3) grantees shall coordinate the State implementation
plan described in paragraph (2) with the State plans described
in section 307 of the Family Violence Prevention and Services
Act (42 U.S.C. 10407) and the programs described in section
1404 of the Victims of Crime Act of 1984 (42 U.S.C. 10603) and
section 393A of the Public Health Service Act (42 U.S.C. 280b-
1b).'';
(iv) in paragraph (4), as redesignated by
clause (ii)--
(I) in subparagraph (A), by
striking ``and not less than 25 percent
shall be allocated for prosecutors'';
(II) by redesignating subparagraphs
(B) and (C) as subparagraphs (C) and
(D);
(III) by inserting after
subparagraph (A), the following:
``(B) not less than 25 percent shall be allocated
for prosecutors;''; and
(IV) in subparagraph (D) as
redesignated by subclause (II) by
striking ``for'' and inserting ``to'';
and
(v) by adding at the end the following:
``(5) not later than 2 years after the date of enactment of
this Act, and every year thereafter, not less than 20 percent
of the total amount granted to a State under this subchapter
shall be allocated for programs or projects in 2 or more
allocations listed in paragraph (4) that meaningfully address
sexual assault, including stranger rape, acquaintance rape,
alcohol or drug-facilitated rape, and rape within the context
of an intimate partner relationship.'';
(D) by striking subsection (d) and inserting the
following:
``(d) Application Requirements.--An application for a grant under
this section shall include--
``(1) the certifications of qualification required under
subsection (c);
``(2) proof of compliance with the requirements for the
payment of forensic medical exams and judicial notification,
described in section 2010;
``(3) proof of compliance with the requirements for paying
fees and costs relating to domestic violence and protection
order cases, described in section 2011 of this title;
``(4) proof of compliance with the requirements prohibiting
polygraph examinations of victims of sexual assault, described
in section 2013 of this title;
``(5) an implementation plan required under subsection (i);
and
``(6) any other documentation that the Attorney General may
require.'';
(E) in subsection (e)--
(i) in paragraph (2)--
(I) in subparagraph (A), by
striking ``domestic violence and sexual
assault'' and inserting ``domestic
violence, dating violence, sexual
assault, and stalking''; and
(II) in subparagraph (D), by
striking ``linguistically and''; and
(ii) by adding at the end the following:
``(3) Conditions.--In disbursing grants under this part,
the Attorney General may impose reasonable conditions on grant
awards to ensure that the States meet statutory, regulatory,
and other program requirements.'';
(F) in subsection (f), by striking the period at
the end and inserting ``, except that, for purposes of
this subsection, the costs of the projects for victim
services or tribes for which there is an exemption
under section 40002(b)(1) of the Violence Against Women
Act of 1994 (42 U.S.C. 13925(b)(1)) shall not count
toward the total costs of the projects.''; and
(G) by adding at the end the following:
``(i) Implementation Plans.--A State applying for a grant under
this part shall--
``(1) develop an implementation plan in consultation with
the entities listed in subsection (c)(2), that identifies how
the State will use the funds awarded under this part, including
how the State will meet the requirements of subsection (c)(5);
and
``(2) submit to the Attorney General--
``(A) the implementation plan developed under
paragraph (1);
``(B) documentation from each member of the
planning committee as to their participation in the
planning process;
``(C) documentation from the prosecution, law
enforcement, court, and victim services programs to be
assisted, describing--
``(i) the need for the grant funds;
``(ii) the intended use of the grant funds;
``(iii) the expected result of the grant
funds; and
``(iv) the demographic characteristics of
the populations to be served, including age,
disability, race, ethnicity, and language
background;
``(D) a description of how the State will ensure
that any subgrantees will consult with victim service
providers during the course of developing their grant
applications in order to ensure that the proposed
activities are designed to promote the safety,
confidentiality, and economic independence of victims;
``(E) demographic data on the distribution of
underserved populations within the State and a
description of how the State will meet the needs of
underserved populations, including the minimum
allocation for population specific services required
under subsection (c)(4)(C);
``(F) a description of how the State plans to meet
the regulations issued pursuant to subsection (e)(2);
``(G) goals and objectives for reducing domestic
violence-related homicides within the State; and
``(H) any other information requested by the
Attorney General.
``(j) Reallocation of Funds.--A State may use any returned or
remaining funds for any authorized purpose under this part if--
``(1) funds from a subgrant awarded under this part are
returned to the State; or
``(2) the State does not receive sufficient eligible
applications to award the full funding within the allocations
in subsection (c)(4)'';
(4) in section 2010 (42 U.S.C. 3796gg-4)--
(A) in subsection (a), by striking paragraph (1)
and inserting the following:
``(1) In general.--A State, Indian tribal government, or
unit of local government shall not be entitled to funds under
this subchapter unless the State, Indian tribal government,
unit of local government, or another governmental entity--
``(A) incurs the full out-of-pocket cost of
forensic medical exams described in subsection (b) for
victims of sexual assault; and
``(B) coordinates with health care providers in the
region to notify victims of sexual assault of the
availability of rape exams at no cost to the
victims.'';
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``or''
after the semicolon;
(ii) in paragraph (2), by striking ``; or''
and inserting a period; and
(iii) by striking paragraph (3); and
(C) by amending subsection (d) to read as follows:
``(d) Noncooperation.--
``(1) In general.--To be in compliance with this section, a
State, Indian tribal government, or unit of local government
shall comply with subsection (b) without regard to whether the
victim participates in the criminal justice system or
cooperates with law enforcement.
``(2) Compliance period.--States, territories, and Indian
tribal governments shall have 3 years from the date of
enactment of this Act to come into compliance with this
section.''; and
(5) in section 2011(a)(1) (42 U.S.C. 3796gg-5(a)(1))--
(A) by inserting ``modification, enforcement,
dismissal, withdrawal'' after ``registration,'' each
place it appears;
(B) by inserting ``, dating violence, sexual
assault, or stalking'' after ``felony domestic
violence''; and
(C) by striking ``victim of domestic violence'' and
all that follows through ``sexual assault'' and
inserting ``victim of domestic violence, dating
violence, sexual assault, or stalking''.
SEC. 102. GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF
PROTECTION ORDERS.
(a) In General.--Part U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--
(1) in section 2101 (42 U.S.C. 3796hh)--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1),
by striking ``States,'' and all that follows
through ``units of local government'' and
inserting ``grantees'';
(ii) in paragraph (1), by inserting ``and
enforcement of protection orders across State
and tribal lines'' before the period;
(iii) in paragraph (2), by striking ``and
training in police departments to improve
tracking of cases'' and inserting ``data
collection systems, and training in police
departments to improve tracking of cases and
classification of complaints'';
(iv) in paragraph (4), by inserting ``and
provide the appropriate training and education
about domestic violence, dating violence,
sexual assault, and stalking'' after ``computer
tracking systems'';
(v) in paragraph (5), by inserting ``and
other victim services'' after ``legal advocacy
service programs'';
(vi) in paragraph (6), by striking
``judges'' and inserting ``Federal, State,
tribal, territorial, and local judges, courts,
and court-based and court-related personnel'';
(vii) in paragraph (8), by striking ``and
sexual assault'' and inserting ``dating
violence, sexual assault, and stalking'';
(viii) in paragraph (10), by striking
``non-profit, non-governmental victim services
organizations,'' and inserting ``victim service
providers, staff from population specific
organizations,''; and
(ix) by adding at the end the following:
``(14) To develop and implement training programs for
prosecutors and other prosecution-related personnel regarding
best practices to ensure offender accountability, victim
safety, and victim consultation in cases involving domestic
violence, dating violence, sexual assault, and stalking.
``(15) To develop or strengthen policies, protocols, and
training for law enforcement, prosecutors, and the judiciary in
recognizing, investigating, and prosecuting instances of
domestic violence, dating violence, sexual assault, and
stalking against immigrant victims, including the appropriate
use of applications for nonimmigrant status under subparagraphs
(T) and (U) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)).
``(16) To develop and promote State, local, or tribal
legislation and policies that enhance best practices for
responding to the crimes of domestic violence, dating violence,
sexual assault, and stalking, including the appropriate
treatment of victims.
``(17) To develop, implement, or enhance sexual assault
nurse examiner programs or sexual assault forensic examiner
programs, including the hiring and training of such examiners.
``(18) To develop, implement, or enhance Sexual Assault
Response Teams or similar coordinated community responses to
sexual assault.
``(19) To develop and strengthen policies, protocols, and
training for law enforcement officers and prosecutors regarding
the investigation and prosecution of sexual assault cases and
the appropriate treatment of victims.
``(20) To provide human immunodeficiency virus testing
programs, counseling, and prophylaxis for victims of sexual
assault.
``(21) To identify and inventory backlogs of sexual assault
evidence collection kits and to develop protocols for
responding to and addressing such backlogs, including policies
and protocols for notifying and involving victims.
``(22) To develop multidisciplinary high-risk teams
focusing on reducing domestic violence and dating violence
homicides by--
``(A) using evidence-based indicators to assess the
risk of homicide and link high-risk victims to
immediate crisis intervention services;
``(B) identifying and managing high-risk offenders;
and
``(C) providing ongoing victim advocacy and
referrals to comprehensive services including legal,
housing, health care, and economic assistance.'';
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by inserting ``except
for a court,'' before ``certify''; and
(II) by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii),
and adjusting the margin accordingly;
(ii) in paragraph (2), by inserting
``except for a court,'' before ``demonstrate'';
(iii) in paragraph (3)--
(I) by striking ``spouses'' each
place it appears and inserting
``parties''; and
(II) by striking ``spouse'' and
inserting ``party'';
(iv) in paragraph (4)--
(I) by inserting ``, dating
violence, sexual assault, or stalking''
after ``felony domestic violence'';
(II) by inserting ``modification,
enforcement, dismissal,'' after
``registration,'' each place it
appears;
(III) by inserting ``dating
violence,'' after ``victim of domestic
violence,''; and
(IV) by striking ``and'' at the
end;
(v) in paragraph (5)--
(I) in the matter preceding
subparagraph (A), by striking ``, not
later than 3 years after January 5,
2006'';
(II) by inserting ``, trial of, or
sentencing for'' after ``investigation
of'' each place it appears;
(III) by redesignating
subparagraphs (A) and (B) as clauses
(i) and (ii), and adjusting the margin
accordingly;
(IV) in clause (ii), as
redesignated by subclause (III) of this
clause, by striking ``subparagraph
(A)'' and inserting ``clause (i)''; and
(V) by striking the period at the
end and inserting ``; and'';
(vi) by redesignating paragraphs (1)
through (5), as amended by this subparagraph,
as subparagraphs (A) through (E), respectively;
(vii) in the matter preceding subparagraph
(A), as redesignated by clause (v) of this
subparagraph--
(I) by striking the comma that
immediately follows another comma; and
(II) by striking ``grantees are
States'' and inserting the following:
``grantees are--
``(1) States''; and
(viii) by adding at the end the following:
``(2) a State, tribal, or territorial domestic violence or
sexual assault coalition or a victim service provider that
partners with a State, Indian tribal government, or unit of
local government that certifies that the State, Indian tribal
government, or unit of local government meets the requirements
under paragraph (1).'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by inserting ``,
policy,'' after ``law''; and
(II) in subparagraph (A), by
inserting ``and the defendant is in
custody or has been served with the
information or indictment'' before the
semicolon; and
(ii) in paragraph (2), by striking ``it''
and inserting ``its''; and
(D) by adding at the end the following:
``(f) Allocation for Tribal Coalitions.--Of the amounts
appropriated for purposes of this part for each fiscal year, not less
than 5 percent shall be available for grants under section 2001 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg).
``(g) Allocation for Sexual Assault.--Of the amounts appropriated
for purposes of this part for each fiscal year, not less than 25
percent shall be available for projects that address sexual assault,
including stranger rape, acquaintance rape, alcohol or drug-facilitated
rape, and rape within the context of an intimate partner
relationship.''; and
(2) in section 2102(a) (42 U.S.C. 3796hh-1(a))--
(A) in paragraph (1), by inserting ``court,'' after
``tribal government,''; and
(B) in paragraph (4), by striking ``nonprofit,
private sexual assault and domestic violence programs''
and inserting ``victim service providers and, as
appropriate, population specific organizations''.
(b) Authorization of Appropriations.--Section 1001(a)(19) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(19)) is amended--
(1) by striking ``$75,000,000'' and all that follows
through ``2011.'' and inserting ``$73,000,000 for each of
fiscal years 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 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. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.
``(a) In General.--The Attorney General may make grants to States,
units of local government, courts (including juvenile courts), Indian
tribal governments, nonprofit organizations, legal services providers,
and victim services providers to improve the response of all aspects of
the civil and criminal justice system to families with a history of
domestic violence, dating violence, sexual assault, or stalking, or in
cases involving allegations of child sexual abuse.
``(b) Use of Funds.--A grant under this section may be used to--
``(1) provide supervised visitation and safe visitation
exchange of children and youth by and between parents in
situations involving domestic violence, dating violence, child
sexual abuse, sexual assault, or stalking;
``(2) develop and promote State, local, and tribal
legislation, policies, and best practices for improving civil
and criminal court functions, responses, practices, and
procedures in cases involving a history of domestic violence or
sexual assault, or in cases involving allegations of child
sexual abuse, including cases in which the victim proceeds pro
se;
``(3) educate court-based and court-related personnel and
court-appointed personnel (including custody evaluators and
guardians ad litem) and child protective services workers on
the dynamics of domestic violence, dating violence, sexual
assault, and stalking, including information on perpetrator
behavior, evidence-based risk factors for domestic and dating
violence homicide, and on issues relating to the needs of
victims, including safety, security, privacy, and
confidentiality, including cases in which the victim proceeds
pro se;
``(4) provide appropriate resources in juvenile court
matters to respond to dating violence, domestic violence,
sexual assault (including child sexual abuse), and stalking and
ensure necessary services dealing with the health and mental
health of victims are available;
``(5) enable courts or court-based or court-related
programs to develop or enhance--
``(A) court infrastructure (such as specialized
courts, consolidated courts, dockets, intake centers,
or interpreter services);
``(B) community-based initiatives within the court
system (such as court watch programs, victim
assistants, pro se victim assistance programs, or
community-based supplementary services);
``(C) offender management, monitoring, and
accountability programs;
``(D) safe and confidential information-storage and
information-sharing databases within and between court
systems;
``(E) education and outreach programs to improve
community access, including enhanced access for
underserved populations; and
``(F) other projects likely to improve court
responses to domestic violence, dating violence, sexual
assault, and stalking;
``(6) provide civil legal assistance and advocacy services,
including legal information and resources in cases in which the
victim proceeds pro se, to--
``(A) victims of domestic violence; and
``(B) nonoffending parents in matters--
``(i) that involve allegations of child
sexual abuse;
``(ii) that relate to family matters,
including civil protection orders, custody, and
divorce; and
``(iii) in which the other parent is
represented by counsel;
``(7) collect data and provide training and technical
assistance, including developing State, local, and tribal model
codes and policies, to improve the capacity of grantees and
communities to address the civil justice needs of victims of
domestic violence, dating violence, sexual assault, and
stalking who have legal representation, who are proceeding pro
se, or who are proceeding with the assistance of a legal
advocate; and
``(8) to improve training and education to assist judges,
judicial personnel, attorneys, child welfare personnel, and
legal advocates in the civil justice system.
``(c) Considerations.--
``(1) In general.--In making grants for purposes described
in paragraphs (1) through (7) of subsection (b), the Attorney
General shall consider--
``(A) the number of families to be served by the
proposed programs and services;
``(B) the extent to which the proposed programs and
services serve underserved populations;
``(C) the extent to which the applicant
demonstrates cooperation and collaboration with
nonprofit, nongovernmental entities in the local
community with demonstrated histories of effective work
on domestic violence, dating violence, sexual assault,
or stalking, including State or tribal domestic
violence coalitions, State or tribal sexual assault
coalitions, local shelters, and programs for domestic
violence and sexual assault victims; and
``(D) the extent to which the applicant
demonstrates coordination and collaboration with State,
tribal, and local court systems, including mechanisms
for communication and referral.
``(2) Other grants.--In making grants under subsection
(b)(8) the Attorney General shall take into account the extent
to which the grantee has expertise addressing the judicial
system's handling of family violence, child custody, child
abuse and neglect, adoption, foster care, supervised
visitation, divorce, and parentage.
``(d) Applicant Requirements.--The Attorney General may make a
grant under this section to an applicant that--
``(1) demonstrates expertise in the areas of domestic
violence, dating violence, sexual assault, stalking, or child
sexual abuse, as appropriate;
``(2) ensures that any fees charged to individuals for use
of supervised visitation programs and services are based on the
income of those individuals, unless otherwise provided by court
order;
``(3) for a court-based program, certifies that victims of
domestic violence, dating violence, sexual assault, or stalking
are not charged fees or any other costs related to the filing,
petitioning, modifying, issuance, registration, enforcement,
withdrawal, or dismissal of matters relating to the domestic
violence, dating violence, sexual assault, or stalking;
``(4) demonstrates that adequate security measures,
including adequate facilities, procedures, and personnel
capable of preventing violence, and adequate standards are, or
will be, in place (including the development of protocols or
policies to ensure that confidential information is not shared
with courts, law enforcement agencies, or child welfare
agencies unless necessary to ensure the safety of any child or
adult using the services of a program funded under this
section), if the applicant proposes to operate supervised
visitation programs and services or safe visitation exchange;
``(5) certifies that the organizational policies of the
applicant do not require mediation or counseling involving
offenders and victims being physically present in the same
place, in cases where domestic violence, dating violence,
sexual assault, or stalking is alleged;
``(6) certifies that any person providing legal assistance
through a program funded under this section has completed or
will complete training on domestic violence, dating violence,
sexual assault, and stalking, including child sexual abuse, and
related legal issues; and
``(7) certifies that any person providing custody
evaluation or guardian ad litem services through a program
funded under this section has completed or will complete
training developed with input from and in collaboration with a
tribal, State, territorial, or local domestic violence, dating
violence, sexual assault, or stalking victim service provider
or coalition on the dynamics of domestic violence and sexual
assault, including child sexual abuse, that includes training
on how to review evidence of past abuse and the use of
evidenced-based theories to make recommendations on custody and
visitation.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $22,000,000 for each of fiscal
years 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.
(a) Interstate Domestic Violence.--Section 2261(a)(1) of title 18,
United States Code, is amended--
(1) by inserting ``is present'' after ``Indian Country
or''; and
(2) by inserting ``or presence'' after ``as a result of
such travel'';
(b) Stalking.--Section 2261A of title 18, United States Code, is
amended to read as follows:
``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, attempts to cause, or would be
reasonably expected to cause substantial emotional
distress to a person described in clause (i), (ii), or
(iii) of subparagraph (A); or
``(2) with the intent to kill, injure, harass, intimidate,
or place under surveillance with intent to kill, injure,
harass, or intimidate another person, uses the mail, any
interactive computer service or electronic communication
service or electronic communication system of interstate
commerce, or any other facility of interstate or foreign
commerce to engage in a course of conduct that--
``(A) places that person in reasonable fear of the
death of or serious bodily injury to a person described
in clause (i), (ii), or (iii) of paragraph (1)(A); or
``(B) causes, attempts to cause, or would be
reasonably expected to cause substantial emotional
distress to a person described in clause (i), (ii), or
(iii) of paragraph (1)(A),
shall be punished as provided in section 2261(b) of this
title.''.
(c) Interstate Violation of Protection Order.--Section 2262(a)(2)
of title 18, United States Code, is amended by inserting ``is present''
after ``Indian Country or''.
SEC. 108. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS GRANT.
Section 120 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045) is amended to read as
follows:
``SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UNDERSERVED
POPULATIONS.
``(a) Grants Authorized.--
``(1) In general.--Of the amounts appropriated under the
grant programs identified in paragraph (2), the Attorney
General shall take 2 percent of such appropriated amounts and
combine them to award grants to eligible entities described in
subsection (b) of this section to develop and implement
outreach strategies targeted at adult or youth victims of
domestic violence, dating violence, sexual assault, or stalking
in underserved populations and to provide victim services to
meet the needs of adult and youth victims of domestic violence,
dating violence, sexual assault, and stalking in underserved
populations. The requirements of the grant programs identified
in paragraph (2) shall not apply to this grant program.
``(2) Programs covered.--The programs covered by paragraph
(1) are the programs carried out under the following
provisions:
``(A) Section 2001 of the Omnibus Crime Control and
Safe Streets Act of 1968 (Grants to Combat Violent
Crimes Against Women).
``(B) Section 2101 of the Omnibus Crime Control and
Safe Streets Act of 1968 (Grants to Encourage Arrest
Policies and Enforcement of Protection Orders Program).
``(b) Eligible Entities.--Eligible entities under this section
are--
``(1) population specific organizations that have
demonstrated experience and expertise in providing population
specific services in the relevant underserved communities, or
population specific organizations working in partnership with a
victim service provider or domestic violence or sexual assault
coalition;
``(2) victim service providers offering population specific
services for a specific underserved population; or
``(3) victim service providers working in partnership with
a national, State, tribal, or local organization that has
demonstrated experience and expertise in providing population
specific services in the relevant underserved population.
``(c) Planning Grants.--The Attorney General may use up to 25
percent of funds available under this section to make one-time planning
grants to eligible entities to support the planning and development of
specially designed and targeted programs for adult and youth victims in
one or more underserved populations, including--
``(1) identifying, building and strengthening partnerships
with potential collaborators within underserved populations,
Federal, State, tribal, territorial or local government
entities, and public and private organizations;
``(2) conducting a needs assessment of the community and
the targeted underserved population or populations to determine
what the barriers are to service access and what factors
contribute to those barriers, using input from the targeted
underserved population or populations;
``(3) identifying promising prevention, outreach and
intervention strategies for victims from a targeted underserved
population or populations; and
``(4) developing a plan, with the input of the targeted
underserved population or populations, for implementing
prevention, outreach and intervention strategies to address the
barriers to accessing services, promoting community engagement
in the prevention of domestic violence, dating violence, sexual
assault, and stalking within the targeted underserved
populations, and evaluating the program.
``(d) Implementation Grants.--The Attorney General shall make
grants to eligible entities for the purpose of providing or enhancing
population specific outreach and services to adult and youth victims in
one or more underserved populations, including--
``(1) working with Federal, State, tribal, territorial and
local governments, agencies, and organizations to develop or
enhance population specific services;
``(2) strengthening the capacity of underserved populations
to provide population specific services;
``(3) strengthening the capacity of traditional victim
service providers to provide population specific services;
``(4) strengthening the effectiveness of criminal and civil
justice interventions by providing training for law
enforcement, prosecutors, judges and other court personnel on
domestic violence, dating violence, sexual assault, or stalking
in underserved populations; or
``(5) working in cooperation with an underserved population
to develop and implement outreach, education, prevention, and
intervention strategies that highlight available resources and
the specific issues faced by victims of domestic violence,
dating violence, sexual assault, or stalking from underserved
populations.
``(e) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Director of the Office on
Violence Against Women at such time, in such form, and in such manner
as the Director may prescribe.
``(f) Reports.--Each eligible entity receiving a grant under this
section shall submit to the Director of the Office on Violence Against
Women a report that describes the activities carried out with grant
funds.
``(g) Authorization of Appropriations.--In addition to the funds
identified in subsection (a)(1), there are authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 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 14201 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (42
U.S.C. 3796gg-6) (Legal Assistance for Victims).
``(C) Section 40295 of the Violence Against Women
Act of 1994 (42 U.S.C. 13971) (Rural Domestic Violence,
Dating Violence, Sexual Assault, Stalking, and Child
Abuse Enforcement Assistance).
``(D) Section 40802 of the Violence Against Women
Act of 1994 (42 U.S.C. 14041a) (Enhanced Training and
Services to End Violence Against Women Later in Life).
``(E) Section 1402 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (42
U.S.C. 3796gg-7) (Education, Training, and Enhanced
Services to End Violence Against and Abuse of Women
with Disabilities).''; and
(5) in subsection (g), by striking ``linguistic and''.
TITLE 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), 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 inserting ``or tribal
programs and activities'' after ``nongovernmental
organizations''; 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.
``(5) developing programs and strategies that focus on the
specific needs of victims of domestic violence, dating
violence, sexual assault, and stalking who reside in remote
rural and geographically isolated areas, including addressing
the challenges posed by the lack of access to shelters and
victims services, and limited law enforcement resources and
training, and providing training and resources to Community
Health Aides involved in the delivery of Indian Health Service
programs.''; 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. ENHANCED TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.
(a) In General.--Subtitle H of the Violence Against Women Act of
1994 (42 U.S.C. 14041 et seq.) is amended to read as follows:
``Subtitle H--Enhanced Training and Services to End Abuse Later in Life
``SEC. 40801. ENHANCED TRAINING AND SERVICES TO END ABUSE IN LATER
LIFE.
``(a) Definitions.--In this section--
``(1) the term `exploitation' has the meaning given the
term in section 2011 of the Social Security Act (42 U.S.C.
1397j);
``(2) the term `later life', relating to an individual,
means the individual is 50 years of age or older; and
``(3) 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 abuse in later life, including
domestic violence, dating violence, sexual
assault, stalking, exploitation, and neglect;
``(iii) establish or support
multidisciplinary collaborative community
responses to victims of abuse in later life,
including domestic violence, dating violence,
sexual assault, stalking, exploitation, and
neglect; 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 abuse in later life, including
domestic violence, dating violence, sexual
assault, stalking, exploitation, and neglect.
``(B) Permissible activities.--An eligible entity
receiving a grant under this section may use 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
abuse in later life, including domestic
violence, dating violence, sexual assault,
stalking, exploitation, and neglect; or
``(ii) conduct outreach activities and
awareness campaigns to ensure that victims of
abuse in later life, including domestic
violence, dating violence, sexual assault,
stalking, exploitation, and neglect receive
appropriate assistance.
``(C) Waiver.--The Attorney General may waive 1 or
more of the activities described in subparagraph (A)
upon making a determination that the activity would
duplicate services available in the community.
``(D) Limitation.--An eligible entity receiving a
grant under this section may use not more than 10
percent of the total funds received under the grant for
an activity described in subparagraph (B)(ii).
``(3) Eligible entities.--An entity shall be eligible to
receive a grant under this section if--
``(A) the entity 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 over 50 years of age;
``(v) a victim service provider with
demonstrated experience in addressing domestic
violence, dating violence, sexual assault, and
stalking; or
``(vi) a State, tribal, or territorial
domestic violence or sexual assault coalition;
and
``(B) the entity demonstrates that it is part of a
multidisciplinary partnership that includes, at a
minimum--
``(i) a law enforcement agency;
``(ii) a prosecutor's office;
``(iii) a victim service provider; and
``(iv) a nonprofit program or government
agency with demonstrated experience in
assisting individuals in later life;
``(4) Underserved populations.--In making grants under this
section, the Attorney General shall give priority to proposals
providing services to culturally specific and underserved
populations.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $9,000,000 for
each of fiscal years 2012 through 2016.''.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
SEC. 301. RAPE PREVENTION AND 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. A minimum allocation
of $35,000 shall be awarded in each fiscal year for each
Territory. Any unused or remaining funds shall be allotted to
each State, the District of Columbia, and Puerto Rico 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, including
runaway or homeless youth affected by, victims of
domestic violence, dating violence, sexual assault, or
stalking;
``(B) a victim service provider that is partnered
with an entity that has a demonstrated history of
effective work addressing the needs of youth; or
``(C) 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.
``(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. The requirements of this section shall not apply
to funds allocated under this paragraph.
``(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) Written notification of students and employees about
existing counseling, health, mental health, victim advocacy,
legal assistance, and other services available for victims both
on-campus and in the community.
``(vii) Written 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) Teen 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 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; or
``(3) 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.
``(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 (b).
``(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, in accordance
with the multi-stakeholder and quality
measurement processes established under
paragraphs (7) and (8) of section 1890(b) and
section 1890A of the Social Security Act (42
U.S.C. 1395aaa(b)(7) and (8); 42 U.S.C. 1890A);
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 PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
``(a) Definitions.--In this chapter:
``(1) Affiliated individual.--The term `affiliated
individual' means, with respect to an individual--
``(A) a spouse, parent, brother, sister, or child
of that individual, or an individual to whom that
individual stands in loco parentis; or
``(B) any individual, tenant, or lawful occupant
living in the household of that individual.
``(2) 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.
``(3) 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.
``(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
affiliated individual 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), a public housing agency or
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
affiliated individual 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 public housing agency or 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 public housing agency or 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 public housing
agency or 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 a public
housing agency or 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 a public housing agency or 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 affiliated
person of the tenant, if the public housing
agency or 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 a public housing agency or 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 a public housing agency or owner or manager of
the housing that the individual is entitled to protection under
subsection (b), the public housing agency or owner or manager
may request, in writing, that the applicant or tenant submit to
the public housing agency or owner or manager a form of
documentation described in paragraph (3).
``(2) Failure to provide certification.--
``(A) In general.--If an applicant or 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 a public
housing agency or owner or manager of housing assisted
under a covered housing program, nothing in this
chapter may be construed to limit the authority of the
public housing agency or owner or manager to--
``(i) deny admission by the applicant or
tenant to the covered program;
``(ii) deny assistance under the covered
program to the applicant or tenant;
``(iii) terminate the participation of the
applicant or tenant in the covered program; or
``(iv) evict the applicant, the tenant, or
a lawful occupant that commits violations of a
lease.
``(B) Extension.--A public housing agency or owner
or manager of housing may extend the 14-day deadline
under subparagraph (A) 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) includes the name of the individual
who committed the domestic violence, dating
violence, sexual assault, or stalking, if the
name is known and safe to provide;
``(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 a public housing agency
or 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 a
public housing agency or 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 public
housing agency or 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 a public housing
agency or 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 a public
housing agency or 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 public housing agency
or owner or manager or an employee or agent of the public
housing agency or owner or manager. Nothing in this paragraph
shall be construed to limit the liability of a public housing
agency or owner or manager of housing assisted under a covered
housing program for failure to comply with subsection (b).
``(7) Response to conflicting certification.--If a public
housing agency or owner or manager of housing assisted under a
covered housing program receives documentation under this
subsection that contains conflicting information, the public
housing agency or owner or manager may require an applicant or
tenant to submit third-party documentation, as described in
subparagraph (B), (C), or (D) of paragraph (3).
``(8) 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.--
``(1) Development.--The Secretary of Housing and Urban
Development shall develop a notice of the rights of individuals
under this section, including the right to confidentiality and
the limits thereof.
``(2) Provision.--Each public housing agency or owner or
manager of housing assisted under a covered housing program
shall provide the notice developed under paragraph (1),
together with the form described in subsection (c)(3)(A), to an
applicant for or tenants of housing assisted under a covered
housing program--
``(A) at the time the applicant is denied residency
in a dwelling unit assisted under the covered housing
program;
``(B) at the time the individual is admitted to a
dwelling unit assisted under the covered housing
program;
``(C) with any notification of eviction or
notification of termination of assistance; and
``(D) 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).
``(e) Emergency Transfers.--Each appropriate agency shall adopt a
model emergency transfer plan for use by public housing agencies and
owners or managers of housing assisted under covered housing programs
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 public housing agency or 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;
(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; or
(C) to disqualify an owner, manager, or other
individual from participating in or receiving the
benefits of the low income housing tax credit program
under section 42 of the Internal Revenue Code of 1986
because of noncompliance with the provisions of this
Act.
SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
Chapter 11 of subtitle B 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'';
(C) in subsection (b)(3)--
(i) in subparagraph (A), by striking ``
and'' at the end;
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after subparagraph (A)
the following:
``(B) secure employment, including obtaining
employment counseling, occupational training, job
retention counseling, and counseling concerning re-
entry in to the workforce; and''; and
(iv) in subparagraph (C), as redesignated
by clause (ii), by striking `` employment
counseling,''; and
(D) 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 activities that
may compromise victim safety, including--
``(I) background checks of victims;
or
``(II) clinical evaluations to
determine eligibility for services;
``(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.''.
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 ``$4,000,000 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 ``$4,000,000 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 ``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 child of an alien who filed a pending or
approved petition for classification or application for
adjustment of status or other benefit specified in
section 101(a)(51) as 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) Recapture of Unused U Visas.--Section 214(p)(2) of the
Immigration and Nationality Act (8 U.S.C. 1184(p)(2)) is amended by--
(1) in subparagraph (A), by striking ``The number'' and
inserting ``Except as provided in subparagraph (C), the
number''; and
(2) by adding at the end the following:
``(C) Beginning in fiscal year 2012, if the
numerical limitation set forth in subparagraph (A) is
reached before the end of the fiscal year, up to 5,000
additional visas, of the aggregate number of visas that
were available and not issued to nonimmigrants
described in section 101(a)(15)(U) in fiscal years 2006
through 2011, may be issued until the end of the fiscal
year.''.
(3) Sunset date.--The amendments made by paragraphs (1) and
(2) are repealed on the date on which the aggregate number of
visas that were available and not issued in fiscal years 2006
through 2011 have been issued pursuant to section 214(p)(2)(C)
of the Immigration and Nationality Act.
(b) 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. 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 described in paragraph (3)(B) and
information on any permanent protection or restraining
order issued against the petitioner related to any
specified crime described in paragraph (3)(B)(i).'';
(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 subsection (5)(B)(i).'';
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)(4)(B) 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. 808. 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 this 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 of or 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 ``website.--'';
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,
or of the relevant State sex offender public
registry for any State not yet participating in
the National Sex Offender Public 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 violates or
attempts to violate paragraphs (1),
(2), (3), or (4) 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) Fraudulent failures of united
states clients to make required self-
disclosures.--A person who knowingly and with
intent to defraud another person outside the
United States in order to recruit, solicit,
entice, or induce that other person into
entering a dating or matrimonial relationship,
makes false or fraudulent representations
regarding the disclosures described in clause
(i), (ii), (iii), or (iv) of subsection
(d)(2)(B), including by failing to make any
such disclosures, shall be fined in accordance
with title 18, United States Code, imprisoned
for not more than 1 year, or both.
``(iv) Relationship to other penalties.--
The penalties provided in clauses (i), (ii),
and (iii) 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.
``(v) 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 Director 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)(A).''.
SEC. 809. 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 and
children who are victims of domestic violence, dating violence,
sexual assault, sex trafficking, or stalking and the needs of
youth and children exposed to domestic violence, dating
violence, sexual assault, or stalking, including support for
the nonabusing parent or the caretaker of the youth or 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 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg) is amended by striking
subsection (d) and inserting the following:
``(d) Tribal Coalition Grants.--
``(1) Purpose.--The Attorney General shall award a grant to
tribal coalitions for purposes of--
``(A) increasing awareness of domestic violence and
sexual assault against Indian women;
``(B) enhancing the response to violence against
Indian women at the Federal, State, and tribal levels;
``(C) identifying and providing technical
assistance to coalition membership and tribal
communities to enhance access to essential services to
Indian women victimized by domestic and sexual
violence, including sex trafficking; and
``(D) assisting Indian tribes in developing and
promoting State, local, and 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, sex trafficking, and stalking.
``(2) Grants.--The Attorney General shall award grants on
an annual basis under paragraph (1) to--
``(A) each tribal coalition that--
``(i) meets the criteria of a tribal
coalition under section 40002(a) of the
Violence Against Women Act of 1994 (42 U.S.C.
13925(a));
``(ii) is recognized by the Office on
Violence Against Women; and
``(iii) provides services to Indian tribes;
and
``(B) organizations that propose to incorporate and
operate a tribal coalition in areas where Indian tribes
are located but no tribal coalition exists.
``(3) Use of amounts.--For each of fiscal years 2012
through 2016, of the amounts appropriated to carry out this
subsection--
``(A) not more than 10 percent shall be made
available to organizations described in paragraph
(2)(B), provided that 1 or more organizations
determined by the Attorney General to be qualified
apply;
``(B) not less than 90 percent shall be made
available to tribal coalitions described in paragraph
(2)(A), which amounts shall be distributed equally
among each eligible tribal coalition for the applicable
fiscal year
``(4) Eligibility for other grants.--Receipt of an award
under this subsection by a tribal coalition shall not preclude
the tribal coalition from receiving additional grants under
this title to carry out the purposes described in paragraph
(1).
``(5) Multiple purpose applications.--Nothing in this
subsection prohibits any tribal coalition or organization
described in paragraph (2) from applying for funding to address
sexual assault or domestic violence needs in the same
application.''.
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 over the
Indian country 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'--
``(A) means any injunction, restraining order, or
other order issued by a civil or criminal court for the
purpose of preventing violent or threatening acts or
harassment against, sexual violence against, contact or
communication with, or physical proximity to, another
person; and
``(B) includes any temporary or final order issued
by a civil or criminal court, whether obtained by
filing an independent action or as a pendent lite order
in another proceeding, if the civil or criminal order
was issued in response to a complaint, petition, or
motion filed by or on behalf of a person seeking
protection.
``(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 all powers of self-government recognized
and affirmed by sections 201 and 203, the powers 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.
``(3) Applicability.--Nothing in this section--
``(A) creates or eliminates any Federal or State
criminal jurisdiction over Indian country;
``(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) shall apply to an Indian tribe in the State
of Alaska, except with respect to the Metlakatla Indian
Community, Annette Islands Reserve; or
``(D) shall limit, alter, expand, or diminish the
civil or criminal jurisdiction of the State of Alaska
or any subdivision of the State of Alaska.
``(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 portion of a protection order
that--
``(i) prohibits or provides protection
against violent or threatening acts or
harassment against, sexual violence against,
contact or communication with, or physical
proximity to, another person;
``(ii) was issued against the defendant;
``(iii) is enforceable by the participating
tribe; and
``(iv) is consistent with section 2265(b)
of title 18, United States Code.
``(d) Dismissal of Certain Cases.--
``(1) Definition of victim.--In this subsection and with
respect to a criminal proceeding in which a participating tribe
exercises special domestic violence criminal jurisdiction based
on a criminal violation of a protection order, the term
`victim' means a person specifically protected by a protection
order that the defendant allegedly violated.
``(2) 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.
``(3) 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.
``(4) Waiver.--A knowing and voluntary failure of a
defendant to file a pretrial motion described in paragraph (2)
or (3) 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 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--
``(A) law enforcement (including the capacity of
law enforcement or court personnel 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, 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.--
``(1) In general.--Except as provided in paragraph (2), 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 use other appropriate mechanisms, 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.
``(2) Applicability.--Paragraph (1)--
``(A) shall not apply to an Indian tribe in the
State of Alaska, except with respect to the Metlakatla
Indian Community, Annette Islands Reserve; and
``(B) shall not limit, alter, expand, or diminish
the civil or criminal jurisdiction of the State of
Alaska or any subdivision of the State of Alaska.''.
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 section 4 and
subsection (b) of this section, 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.
SEC. 909. INDIAN LAW AND ORDER COMMISSION.
(a) In General.--Section 15(f) of the Indian Law Enforcement Reform
Act (25 U.S.C. 2812(f)) is amended by striking ``2 years'' and
inserting ``3 years''.
(b) Report.--The Attorney General, in consultation with the
Attorney General of the State of Alaska, the Commissioner of Public
Safety of the State of Alaska, the Alaska Federation of Natives and
Federally recognized Indian tribes in the State of Alaska, shall report
to Congress not later than one year after enactment of this Act with
respect to whether the Alaska Rural Justice and Law Enforcement
Commission established under Section 112(a)(1) of the Consolidated
Appropriations Act, 2004 should be continued and appropriations
authorized for the continued work of the commission. The report may
contain recommendations for legislation with respect to the scope of
work and composition of the commission.
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 under
official supervision or other official 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).
``(5) Definition.--As used in this section, the term
`detention facilities operated under contract with the
Department' includes, but is not limited to contract detention
facilities and detention facilities operated through an
intergovernmental service agreement with the Department of
Homeland Security.
``(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).''.
SEC. 1003. ANONYMOUS ONLINE HARASSMENT.
Section 223(a)(1) of the Telecommunications Act of 1934 (47 U.S.C.
223(a)(1)) is amended--
(1) in subparagraph (A), in the undesignated matter
following clause (ii), by striking ``annoy,'';
(2) in subparagraph (C)--
(A) by striking ``annoy,''; and
(B) by striking ``harass any person at the called
number or who receives the communication'' and
inserting ``harass any specific person''; and
(3) in subparagraph (E), by striking ``harass any person at
the called number or who receives the communication'' and
inserting ``harass any specific person''.
SEC. 1004. STALKER DATABASE.
Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C.
14032) is amended by striking ``$3,000,000'' and all that follows and
inserting ``$3,000,000 for fiscal years 2012 through 2016.''.
SEC. 1005. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.
Section 40114 of the Violence Against Women Act of 1994 (Public Law
103-322; 108 Stat. 1910) is amended by striking ``fiscal years 2007
through 2011'' and inserting ``fiscal years 2012 through 2016''.
SEC. 1006. CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND
PRACTITIONERS REAUTHORIZATION.
Subtitle C of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13024) is amended in subsection (a) by striking ``$2,300,000'' and all
that follows and inserting ``$2,300,000 for each of fiscal years 2012
through 2016.''.
SEC. 1007. MANDATORY MINIMUM SENTENCE.
Section 2241(a) of title 18, United States Code, is amended in the
undesignated matter following paragraph (2), by striking ``any term of
years or life'' and inserting ``not less than 5 years or imprisoned for
life''.
SEC. 1008. REMOVAL OF DRUNK DRIVERS.
(a) In General.--Section 101(a)(43)(F) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)(F)) is amended by striking ``for
which the term of imprisonment'' and inserting ``, including a third
drunk driving conviction, regardless of the States in which the
convictions occurred or whether the offenses are classified as
misdemeanors or felonies under State or Federal law, for which the term
of imprisonment is''.
(b) Effective Date.--The amendment made by subsection (a) shall--
(1) take effect on the date of the enactment of this Act;
and
Calendar No. 312
112th CONGRESS
2d Session
S. 1925
_______________________________________________________________________
A BILL
To reauthorize the Violence Against Women Act of 1994.
_______________________________________________________________________
February 7, 2012
Reported with an amendment