[Congressional Record Volume 158, Number 60 (Wednesday, April 25, 2012)]
[Senate]
[Pages S2698-S2720]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2011
The PRESIDING OFFICER. Under the previous order, the Senate adopts
the motion to proceed to S. 1925, which the clerk will state by title.
The legislative clerk read as follows:
A bill (S. 1925) to reauthorize the Violence Against Women
Act of 1994.
The Senate proceeded to consider the bill which had been reported
from the Committee on the Judiciary with an amendment to strike all
after the enacting clause and insert in lieu thereof the following:
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
[[Page S2699]]
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.
[[Page S2700]]
``(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'';
[[Page S2701]]
(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--
[[Page S2702]]
(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
[[Page S2703]]
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
[[Page S2704]]
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
[[Page S2705]]
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
[[Page S2706]]
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:
[[Page S2707]]
``(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.
[[Page S2708]]
``(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.
[[Page S2709]]
``(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
[[Page S2710]]
(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.
[[Page S2711]]
``(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--
[[Page S2712]]
(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
[[Page S2713]]
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;
[[Page S2714]]
(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.
[[Page S2715]]
``(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
[[Page S2716]]
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--
[[Page S2717]]
(1) take effect on the date of the enactment of this Act;
and
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, I am pleased that we are able to move
directly to the legislation without a cloture vote.
The Violence Against Women Reauthorization Act is a bipartisan bill.
It has 61 cosponsors. I was encouraged yesterday morning to hear the
majority leader and the Republican leader discussing moving forward
quickly to pass this legislation.
I agree with the majority leader. I don't want to see the bill
weakened. I agree with the Republican leader that there is strong
bipartisan support for the Leahy-Crapo bill. I look forward to working
out an agreement. I have spoken to both of them and told them I will
support an agreement that will allow us to consider, and expeditiously
approve, the bill in short order. Of course, I will be happy to help in
any way I can to facilitate that.
The bipartisan Violence Against Women Act has been the centerpiece of
the Federal Government's commitment to combat domestic violence, dating
violence, sexual assault, and stalking. The impact of the landmark law
has been remarkable. It is one law I can point to and say that it has
provided life-saving assistance to hundreds of thousands of women,
children, and men.
At a time when we can sometimes be polarized around here, I
appreciate the bipartisan support of this bill.
Senator Crapo and I introduced the reauthorization of the Violence
Against Women Act last year. We come from different parts of the
country. We come from different parties. We, I think it is safe to say,
come from different political philosophies. But we agreed that we all
have to work to stop violence against women. In fact, we didn't move
forward to do so at all until it had a lot of discussion both with the
staff of the ranking member and other Republicans on the Judiciary
Committee. We did our best to try to accommodate all points of view.
We continued our outreach after the introduction of the bill, in the
hearings and in the committee process. The amendment the Judiciary
Committee adopted on February 2 included several additional changes
requested by Republican Senators. I made sure they were in there. They
are outlined in the committee report.
We eliminated several provisions that would have offered significant
assistance to immigrant victims of domestic and sexual violence. It was
difficult to remove these provisions, but we earnestly sought
compromise, and I was encouraged when in our committee meetings Senator
Grassley acknowledged our efforts to reach agreement where we could.
I said then and I now say that we were willing to go as far as we
could to accommodate Senators on either side of the aisle. But as
chairman of the Judiciary Committee, I cannot abandon core principles
of fairness, and I will not. I continue to urge all Senators to join to
protect the most vulnerable victims of violence, including battered
immigrant women, assisting law enforcement, Native American women who
suffer in record numbers, and those who have had trouble accessing
services.
I have said so many times on this floor that a victim is a victim is
a victim. They all need to be helped. They deserve our attention. They
deserve the protection and access to the services our bill provides.
We now have 61 cosponsors, including 8 Republicans; 16 of the 17
women in the Senate, from both parties, have joined as cosponsors. They
have been strong supporters from the start, and the bill is better
because of their efforts.
There is one purpose, and one purpose alone, for the bill that
Senator Crapo and I have introduced: to help protect victims of
domestic and sexual violence. That purpose is reinforced as we turn to
this bill during Crime Victims' Rights Week and Sexual Assault
Awareness Month.
Our bill is based on months of work with survivors, advocates, and
law enforcement officers from all across the country--and I must say
from all political persuasions, from the right to the left. the
bipartisan bill was developed in an open and democratic process, and it
is responsive to the unmet needs of victims.
The New York Times had a column by Dorothy Samuels last Sunday that
got it right. She wrote:
[T]he provisions respond to real humanitarian and law
enforcement needs.
When Senator Crapo and I worked to put this legislation together, we
purposely avoided proposals that were extreme or divisive on either the
right or the left. We selected only those proposals that law
enforcement and survivors and the professionals who work with crime
victims every day told us were essential. We did not go for somebody
who didn't have firsthand experience. We asked the people who actually
have to make the law work. That is actually why every one of these
provisions has such widespread support.
In fact, our reauthorization bill is supported by more than 1,000
Federal, State, and local organizations, and they include service
providers, law enforcement, religious organizations, and many more.
We have done a good job on the domestic violence front, so sexual
assault is where we need to increase our focus. That is what the bill
does. The administration is fully onboard, and I welcome their
statement of support.
We have to pass this legislation. We have to pass this provision to
focus on sexual assault. I think of the advocates in my State of
Vermont who work not only in the cities but especially in the rural
areas. Mr. President, it is not just those of us from small States;
every single State has rural areas. The distinguished Presiding Officer
does, the distinguished majority leader does, the distinguished
Republican leader does. We all have rural areas.
I think of Karen Tronsgard-Scott of the Vermont Network to End
Domestic and Sexual Violence and Jane Van Buren with Women Helping
Battered Women. They have helped us put this together. I appreciate the
guidance from all across the Nation from such organizations as the
National Network to End Domestic Violence, the National Alliance to End
Sexual Violence, the National Task Force to End Sexual and Domestic
Violence Against Women. The coalition has been maintained and has been
valuable in these efforts. It is working with them that we were able to
adjust the allocation of funds to increase needed funding for sexual
assault efforts, and do it without harming the other coordinated
efforts.
We reached our understanding in working with them, not by picking a
number out of a hat or trying to outbid some proposal. It wasn't there.
Everybody worked together. We only have so many dollars. We tried to do
it and use the money where it works the best.
The provision ensuring that services will be available to all victims
regardless of sexual orientation and gender identity is supported by
the Leadership Conference of Civil Rights and numerous civil rights and
crime victim advocates. I was pleased to see a letter from Cindy Dyer,
President Bush's Director of the Office of Violence Against Women, in
which she writes:
As criminal justice professionals, our job is to protect
the community, but we are not able to do that unless all the
tools necessary . . . are available to all victims of crime.
Of course, she is right. A victim is a victim is a victim.
Mr. President, when I was the State's attorney, I went to crime
scenes at 3 o'clock in the morning and there was a battered and bloody
victim--we hoped alive, but sometimes not. The police never said: Is
this victim a Democrat or a Republican? Is this victim gay or straight?
Is this victim an immigrant? Is this victim native born?
They said: This is a victim. How do we find the person who did this
and stop them from doing it again? A victim is a victim is a victim.
Everybody in law enforcement will tell you that.
Because of that, we added a limited number of new visas for immigrant
victims of serious crimes who help law enforcement, which is backed
only by the immigrants' rights organizations, as one might expect, but
it is backed by the Fraternal Order of Police which writes that ``the
expansion of the U visa program will provide incalculable benefits to
our citizens and our communities at a negligible cost.'' My friends in
law enforcement are right, as they so often are.
On Tuesday, in an editorial in our local paper, the Washington Post
urged passage of our bipartisan bill, noting:
[[Page S2718]]
A comprehensive committee report convincingly details gaps
in current programs as identified by law enforcement
officers, victim-service providers, judges and health-care
professions. No one--gay or straight, man or woman, legal or
undocumented--should be denied protections against domestic
abuse or sexual violence.
Mr. President, I agree with that editorial because what it says is
what we have said over and over on this floor--a victim is a victim is
a victim. If you are a victim, you should have somebody ready to help.
They are improvements that are not only reasonable but necessary if
we are to fulfill our commitment to victims of domestic and sexual
violence. If we say you are a victim of domestic or sexual violence, we
can't pick and choose to say this victim will be helped but this one is
going to be left on their own. We say we are going to help all of them.
A victim is a victim is a victim.
I believe that if Senators of both parties take an honest look at all
the provisions in our bipartisan VAWA reauthorization bill, they will
find it to be a commonsense measure we can all support. This isn't a
Democratic or a Republican measure, this is a good-government measure.
This protects the people in our society who sadly need protection.
Sixty-one Senators have already reached this conclusion from both
parties, so I hope more will join us. I hope the Senate will promptly
pass the Leahy-Crapo Violence Against Women Reauthorization Act.
Mr. President, I was going to suggest the absence of a quorum, but I
see the distinguished Senator from Texas in the Chamber, so I yield the
floor.
The PRESIDING OFFICER. The Senator from Texas.
Mrs. HUTCHISON. Mr. President, I rise to talk about the Violence
Against Women Act. Senator Leahy, the distinguished chairman of the
Judiciary Committee, has a bill that has many good parts, and I was
listening to the things he said about it and agree with many of them.
Because there are some areas of disagreement, I have worked with many
of my colleagues to create a substitute that has the same coverage but
is better in other ways also. So I hope we will have the ability to
look at both and that from that we would be able to pass a bill out of
the Senate to address the violence against women we see in our country.
Our bill, as Senator Leahy's bill does, actually covers men, who we
know now are also subject to this kind of violence. So our bill covers
men who have suffered the same kinds of victimization as women and whom
we covered 16 years ago.
I would like to point out that I have been championing this issue for
a very long time. When I was in the Texas Legislature, I learned there
were serious problems in the reporting and prosecution of rape in our
country. The State statute in Texas in the early 1970s discouraged
reporting because of embarrassment to the victim and the difficulty of
obtaining convictions because victims were not willing to come forward
and report rapes because they felt they were treated like a criminal
sometimes. If they actually did report it and agree to help the
prosecution, their treatment on the witness stand was so humiliating
they often gave up. So the reports of rape were often not made. This
was true in Texas, but it was true throughout our country.
I worked with Democratic members in our legislature and led the
effort to strengthen victim protection in this area, and it included
limiting irrelevant questions asked by law enforcement officials and
attorneys and redefining the meaning of consent, all of which enhanced
the privacy rights of our victims. We created a statute of limitations
that was more in line with other crimes of assault and battery.
Our bill was so good when it passed in 1975 that it became a model
for other States that were passing legislation. So this was the
beginning of the effort to do just that. It was the model bill many
States looked at to adapt and adopt in their States to protect the
victims of violent crimes in our country.
In the Senate, it was my bill that created the Amber Alert system
that would go across State lines. I worked with Senator Feinstein on
that bill, and our bill has saved 550 abducted children. That has been
documented. So we have been able to do some things on a bipartisan
basis. I have also strongly supported the National Domestic Violence
Hotline, and stalking across State lines was also in my bill. So I have
been in this effort for a long time.
Of course, 16 years ago when the Violence Against Women Act first
passed, we did so unanimously, on a voice vote. Everyone supported it.
We now have to renew this bill yet again, and I hope we are going to
come together tomorrow to pass it.
I am going to support Senator Leahy's bill. I like many parts of it.
I also think we can improve it in the areas I have included in my
substitute, and I hope we will be able to pass that as well. Our bill
keeps much of the committee-reported bill intact. For instance, I am
cosponsoring Senator Klobuchar's bill to take the stalking bill I
passed originally into cyber stalking because that was not a problem
when we first passed the Violence Against Women Act but is a problem
today.
The current legislation I am going to introduce will update and
strengthen current law and fix some weaknesses that I think are in
Senator Leahy's bill. Our bill updates current law by mandating tougher
sentences for violent crimes, increasing support for sexual assault
investigations and rape kit testing, and requiring more effective
Justice Department oversight of grant programs to ensure scarce funds
aren't wasted. This was done as a result of the IG in the Justice
Department saying there was not enough oversight and not enough
auditing of the grants to ensure they go to the victims and victims'
rights organizations for which they are intended. Our bill is one I
certainly hope we will be able to pass.
One of the trends--and not a good trend--in this country right now is
the downward curve of sentences handed out in Federal courts for child
pornography. The most recent report to Congress from the U.S.
Sentencing Commission notes that child pornography defendants are being
sentenced to terms below Federal sentencing guidelines in 45 percent of
the cases. Almost half of these defendants are receiving less than the
recommended sentences. In one particularly egregious instance, a man
was convicted of knowingly possessing hundreds of child pornography
pictures and videos of 8- to-10-year-old girls being abused. I can
hardly even talk about that, but even worse, the sentencing guidelines
called for this man to receive 63 to 78 months of imprisonment, yet he
was sentenced to 1 day in prison. That is ridiculous. It is obscene in
and of itself.
Our bill would impose a mandatory minimum sentence of 1 year in these
cases. If I could have written this bill by myself, it would have been
more. So a minimum of 1 year for child pornography showing 8- to-10-
year-old girls being violated. That is hard to talk about, and we need
to do something about it. Our substitute does create a minimum sentence
for this type of violation.
We have many other provisions in our bill that are very strong. My
substitute is one I think we can put together with Senator Leahy's bill
when we go to conference. I know the House is going to pass a bill.
They are introducing their own. We will go to conference on this bill,
and we will come out with a good bill if everyone will cooperate
because we are on the same path.
I think our bill is a good and solid one. I am looking forward to
talking about it tomorrow, having a vote, and I hope we will be able to
go forward with the sincerity I think everyone has on this issue.
I think Senator Cornyn has a wonderful amendment that will also
increase getting rid of the backlog in the rape testing kits so that
people who are guilty of these crimes can be found through the testing
and stopped from committing future crimes on victims. That is the
purpose. So Senator Cornyn and I hope to be able to have our amendments
brought forward tomorrow--two amendments--and with Senator Leahy's
bill, we can pass this and send it to the House.
Something is going to pass the Senate, and I hope we will just have a
minimum ability to move on our very respectable alternatives or
amendments and then go to conference, where we can come out with a bill
that extends this very important act in our country.
Mr. President, I have four letters of support for our bill. One
letter is from a rape prevention and victim protection group. The
PROTECT group says
[[Page S2719]]
their support is for strengthening Federal sentencing of child sexual
exploitation. The Shared Hope International organization is very
supportive of the parts of our bill that have gotten into the
international realm of trafficking. The Rape Abuse & Incest National
Network, which is the largest rape victim organization in America, has
written a very strong letter of support, as has the Criminal Justice
Legal Foundation.
I hope we will be able to talk again tomorrow about these pieces of
legislation.
Mr. President, I ask unanimous consent to have printed in the Record
the four letters to which I referred.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Protect,
Knoxville, TN, April 23, 2012.
Hon. Chuck Grassley,
Hart Senate Office Building,
Washington, DC.
Dear Senator Grassley: We are writing to enthusiastically
endorse your legislation to strengthen federal sentencing of
child sexual exploitation.
Your proposed amendments to 18 U.S.C. 2252 and 2252A would
create a mandatory minimum sentence of incarceration for any
offender who possesses child abuse images of ``a prepubescent
minor or a minor who had not attained 12 years of age.''
The Grassley bill stands squarely in the way of a growing
movement by federal judges to weaken sentences for child
pornography crimes. This judicial movement, given credence
and momentum by the U.S. Sentencing Commission, would treat
so-called ``simple possession'' as a victimless crime.
This outrageous judicial campaign leaves Congress no
choice. With its aggressive criticism of child pornography
penalties, the U.S. Sentencing Commission has shot across
your bow. We cheer you for returning fire! The federal
judiciary must hear loudly and clearly that the values of
Americans demand that sexual exploitation be treated as a
serious crime.
For the record, we hope to see even more Congressional
action, strengthening protections for older children and
meaningful restitution and asset forfeiture as well. Your
bill is a reasonable but tough step to shore up and
strengthen sentencing of child predators.
Never let the apologists for child pornography traffickers
deny the pain and harm done by possessors of these images.
These are human rights crimes, and should be treated as such.
So-called ``simple possessors'' fuel the market for more and
more crime scene recordings of children being raped, tortured
and degraded. Even those who don't pay for the images they
acquire create a crushing market demand for barter and
production. Thank you for standing up for these victims.
Sincerely,
Grier Weeks,
Executive Director.
____
Shared Hope International,
April 24, 2012.
Sen. Kay Bailey Hutchison,
Russell Senate Office Building,
Washington, DC.
Dear Senator Hutchison: Shared Hope International supports
your proposed VAWA Reauthorization bill. On October 21, 2009,
the House Foreign Affairs Subcommittee on International
Organizations, Human Rights and Oversight held a hearing on
international violence against women at which I testified to
the connections between sexual violence against children and
women, and the need to view the sex trafficking occurring in
the U.S. as part of the widespread crime of international
violence against women. We view the inclusion of provisions
related to mandatory minimum sentences for possession of
pornography when the victim is under 12 and the expansion of
the administrative subpoena power for the U.S. Marshals to
track unregistered sex offenders as efforts to protect
children who are subject to violence through sex trafficking.
These provisions bring greater criminal enforcement and
deterrence to child sex trafficking crimes. Child pornography
is one form of child sex trafficking and is too often
intertwined with the other forms of sexual exploitation,
which include prostitution and sexual performance. Stiffer
penalties will bring greater deterrence and justice for the
victims. Prevention of child sex trafficking includes
empowering families and communities with the knowledge of the
location of sex offenders. Those offenders who fail to
register circumvent the purpose of this law. Tools to
increase the ability of the U.S. Marshals to track these
unregistered sex offenders is important to enforcement of
this law.
We commend your leadership in combating child sex
trafficking by viewing it as part of the overall violence
against women issue and fully support your efforts. Please
contact me with any questions and thank you for considering
our views on this bill.
Sincerely,
Linda Smith,
(U.S. Congress 1995 99, Washington State Senate/House 1983
94), Founder and President.
____
Rape, Abuse & Incest
National Network,
Washington, DC, April 24, 2012.
Hon. Kay Bailey Hutchison,
U.S. Senate,
Washington, DC.
Dear Senator Hutchison: I am writing to thank you for
including the Sexual Assault Forensic Evidence Registry
(SAFER) Act in S. 2338, to reauthorize the Violence Against
Women Act. The SAFER Act is bipartisan and cost-free, and
will help bring more rapists to justice by reducing the rape
kit backlog. It is our hope that it will be included as part
of the final VAWA reauthorization package.
One out of every six women and one in 33 men are victims of
sexual assault--20 million Americans in all, according to the
Department of Justice. Rapists tend to be serial criminals,
often committing many crimes before they are finally caught;
and only about 3% of rapists will ever spend a single day in
prison.
We believe it is in the best interests of victims, the
criminal justice system, and all Americans to enact the SAFER
Act. The SAFER Act will help get an accurate count of the
rape kit backlog on a national level, increasing transparency
and efficiency and allowing lawmakers to target funding to
the areas of greatest need. An accurate count of the backlog
will lead to more successful prosecutions, and to more
violent criminals behind bars.
RAINN (Rape, Abuse & Incest National Network) is the
nation's largest anti-sexual assault organization. RAINN
created and operates the National Sexual Assault Hotline
(800.656.HOPE and rainn.org), which has helped more than 1.7
million people since 1994. RAINN also carries out programs to
prevent sexual assault, help victims, and ensure that rapists
are brought to justice. For more information about RAINN,
please visit www.rainn.org.
Thank you again for including the SAFER Act in S. 2338. We
believe SAFER will greatly enhance VAWA and result in a
stronger, more effective bill. We are grateful for your
leadership in the battle to prevent sexual violence and
prosecute its perpetrators, and we look forward to working
with you to encourage passage of this important act and to
reauthorize VAWA.
Sincerely,
Scott Berkowitz,
President and Founder.
____
Criminal Justice
Legal Foundation,
Sacramento, CA, April 19, 2012.
Re: S. 1925, Violence Against Women Reauthorization
Hon. Charles Grassley,
Hart Senate Office Building,
Washington, DC.
Dear Senator Grassley: the Criminal Justice Legal
Foundation, an organization supporting the rights of victims
of crime in the criminal justice system, supports your
efforts to establish a minimum sentence for the crime of
aggravated sexual abuse when committed within federal
jurisdiction.
The present statute provides that a person who commits this
crime, more commonly described as forcible rape, ``shall be
fined . . ., imprisoned for any term of years or life, or
both.'' (18 U.S.C. Sec. 2241(a).) Sentencing laws with such
an enormous range of punishments are relics of a bygone era.
At one time, it was thought proper to give the trial judge
such wide latitude, but the disparate sentences under this
system were eventually understood to outweigh the advantages.
In the Sentencing Reform Act of 1984, a bipartisan reform
sponsored by Senators Kennedy and Thurmond, the wide-ranging
sentences in the statutes were overlaid, and largely
replaced, by a set of binding sentencing guidelines. From
1984 to 2005, a good argument against adding statutory
mandatory minimums was that they were unnecessary in a
properly functioning system of binding guidelines.
Unfortunately, Congress's chosen mechanism for reducing
sentencing disparity was declared unconstitutional by the
Supreme Court in Booker v. United States, 543 U.S. 220
(2005). In its place, we have a confusing, one might even say
chaotic, system of discretion in the trial court and review
in the courts of appeals.
Mr. HATCH. Mr. President, this body has a long tradition of
bipartisan support for the Violence Against Women Act. One of the bills
before us will continue that tradition. The other will destroy it. The
bill introduced by the Senator from Texas, Mrs. Hutchison, stays true
to the purpose and scope of the legislation that in the past received
wide bipartisan support. The other bill introduced by the Senator from
Vermont, Mr. Leahy, deliberately departs from that purpose and scope
and introduces divisive and controversial new provisions that, I
believe, are designed to shatter that bipartisan support.
The purpose of the Violence Against Women Act is to combat violence
against women. The description of the Office on Violence Against Women,
currently on the Department of Justice Web site, states the same thing
a half dozen times: that this legislation is designed to end violence
against women.
[[Page S2720]]
The steadily growing bipartisan consensus behind this legislation has
made it more important and more effective.
Senator Leahy's bill, S. 1925, undermines the consensus that has been
growing for two decades by introducing controversial and divisive
proposals that fundamentally change the focus and scope of this
legislation. If those proposals have merit, they should receive their
own separate consideration with appropriate legislation introduced and
hearings held. But it is inappropriate to use the Violence Against
Women Act and the good will that it has attracted as cover for those
new and divisive projects.
I support Senator Hutchison's bill both for what it contains and what
it does not contain. First, it provides stronger penalties for crimes
such as forcible rape, aggravated sexual assault, child pornography,
and interstate domestic violence resulting in death. The Leahy bill is
weaker than Senator Hutchison's when it comes to addressing these
crimes, and in some instances it does not address them at all. Second,
it targets more grant funding to address sexual assault and requires
far more funding be used to reduce the backlog in testing rape kits.
Third, it requires an audit of the Office for Victims of Crime to
ensure that funds from the Crime Victims Fund are reaching those it
exists to help. Forth, it addresses problems with inadequate oversight
and administration by requiring that 10 percent of grantees be audited
each year and by capping the percentage of appropriated funds that may
be used for administrative costs.
Senator Hutchison's bill does not contain the controversial and
divisive provisions that the majority insisted on including. It does
not, for example, authorize unused U visas from previous years to be
used in the future. This provision in the majority's bill led the
Congressional Budget Office to conclude that it will add more than $100
million to the deficit. The Hutchison bill does not extend Indian
tribal court criminal jurisdiction to non-Indians. A Congressional
Research Service memo outlines a number of constitutional concerns
regarding this provision in the majority bill.
Let me conclude by expressing both my disappointment and my thanks. I
am truly disappointed that the majority has deliberately politicized
the reauthorization of VAWA in a way that they knew would render
impossible the kind of bipartisan consensus this legislation has had in
the past. It seems that the majority was more interested in having a
campaign issue for President Obama than in actually doing the hard work
of creating a consensus bill that would protect women from violent
crime.
However, I want to thank my colleagues, Senator Hutchison and the
ranking member of the Judiciary Committee, Senator Grassley, for
stepping up and offering this legislation to reauthorize the Violence
Against Women Act in a way that can attract that consensus and continue
the effort to end violence against women.
Mrs. HUTCHISON. Mr. President, I yield the floor, and I suggest the
absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. REED. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________