[Congressional Record (Bound Edition), Volume 158 (2012), Part 4]
[Senate]
[Pages 5501-5524]
[From the U.S. 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.

[[Page 5502]]

       ``(7) Culturally specific.--The term `culturally specific' 
     means primarily directed toward racial and ethnic minority 
     groups (as defined in section 1707(g) of the Public Health 
     Service Act (42 U.S.C. 300u-6(g)).'';
       (7) in paragraph (8), as redesignated, by inserting ``or 
     intimate partner'' after ``former spouse'' and ``as a 
     spouse'';
       (8) by inserting after paragraph (11), as redesignated, the 
     following:
       ``(12) Homeless.--The term `homeless' has the meaning 
     provided in 42 U.S.C. 14043e-2(6).'';
       (9) in paragraph (18), as redesignated, by inserting ``or 
     Village Public Safety Officers'' after ``government victim 
     service programs;
       (10) in paragraph (21), as redesignated, by inserting at 
     the end the following:
     ``Intake or referral, by itself, does not constitute legal 
     assistance.'';
       (11) by striking paragraph (17), as in effect before the 
     amendments made by this subsection;
       (12) by amending paragraph (20), as redesignated, to read 
     as follows:
       ``(20) Personally identifying information or personal 
     information.--The term `personally identifying information' 
     or `personal information' means individually identifying 
     information for or about an individual including information 
     likely to disclose the location of a victim of domestic 
     violence, dating violence, sexual assault, or stalking, 
     regardless of whether the information is encoded, encrypted, 
     hashed, or otherwise protected, including--
       ``(A) a first and last name;
       ``(B) a home or other physical address;
       ``(C) contact information (including a postal, e-mail or 
     Internet protocol address, or telephone or facsimile number);
       ``(D) a social security number, driver license number, 
     passport number, or student identification number; and
       ``(E) any other information, including date of birth, 
     racial or ethnic background, or religious affiliation, that 
     would serve to identify any individual.'';
       (13) by inserting after paragraph (20), as redesignated, 
     the following:
       ``(21) Population specific organization.--The term 
     `population specific organization' means a nonprofit, 
     nongovernmental organization that primarily serves members of 
     a specific underserved population and has demonstrated 
     experience and expertise providing targeted services to 
     members of that specific underserved population.
       ``(22) Population specific services.--The term `population 
     specific services' means victim-centered services that 
     address the safety, health, economic, legal, housing, 
     workplace, immigration, confidentiality, or other needs of 
     victims of domestic violence, dating violence, sexual 
     assault, or stalking, and that are designed primarily for and 
     are targeted to a specific underserved population.'';
       (14) in paragraph (23), as redesignated, by striking 
     ``services'' and inserting ``assistance'';
       (15) by inserting after paragraph (24), as redesignated, 
     the following:
       ``(25) Rape crisis center.--The term `rape crisis center' 
     means a nonprofit, nongovernmental, or tribal organization, 
     or governmental entity in a State other than a Territory that 
     provides intervention and related assistance, as specified in 
     42 U.S.C. 14043g(b)(2)(C), to victims of sexual assault 
     without regard to their age. In the case of a governmental 
     entity, the entity may not be part of the criminal justice 
     system (such as a law enforcement agency) and must be able to 
     offer a comparable level of confidentiality as a nonprofit 
     entity that provides similar victim services.'';
       (16) in paragraph (26), as redesignated--
       (A) in subparagraph (A), by striking ``or'' after the 
     semicolon;
       (B) in subparagraph (B), by striking the period and 
     inserting ``; or''; and
       (C) by inserting at the end the following:
       ``(C) any federally recognized Indian tribe.'';
       (17) in paragraph (27), as redesignated--
       (A) by striking ``52'' and inserting ``57''; and
       (B) by striking ``150,000'' and inserting ``250,000'';
       (18) by striking paragraph (28), as redesignated, and 
     inserting the following:
       ``(28) Sexual assault.--The term `sexual assault' means any 
     nonconsensual sexual act proscribed by Federal, tribal, or 
     State law, including when the victim lacks capacity to 
     consent.'';
       (19) by inserting after paragraph (28), as redesignated, 
     the following:
       ``(29) Sex trafficking.--The term `sex trafficking' means 
     any conduct proscribed by 18 U.S.C. 1591, whether or not the 
     conduct occurs in interstate or foreign commerce or within 
     the special maritime and territorial jurisdiction of the 
     United States.'';
       (20) by striking paragraph (35), as redesignated, and 
     inserting the following:
       ``(35) Tribal coalition.--The term `tribal coalition' means 
     an established nonprofit, nongovernmental Indian organization 
     or a Native Hawaiian organization that--
       ``(A) provides education, support, and technical assistance 
     to member Indian service providers in a manner that enables 
     those member providers to establish and maintain culturally 
     appropriate services, including shelter and rape crisis 
     services, designed to assist Indian women and the dependents 
     of those women who are victims of domestic violence, dating 
     violence, sexual assault, and stalking; and
       ``(B) is comprised of board and general members that are 
     representative of--
       ``(i) the member service providers described in 
     subparagraph (A); and
       ``(ii) the tribal communities in which the services are 
     being provided;'';
       (21) by amending paragraph (39), as redesignated, to read 
     as follows:
       ``(39) Underserved populations.--The term `underserved 
     populations' means populations who face barriers in accessing 
     and using victim services, and includes populations 
     underserved because of geographic location, religion, sexual 
     orientation, gender identity, underserved racial and ethnic 
     populations, populations underserved because of special needs 
     (such as language barriers, disabilities, alienage status, or 
     age), and any other population determined to be underserved 
     by the Attorney General or by the Secretary of Health and 
     Human Services, as appropriate.'';
       (22) by inserting after paragraph (39), as redesignated, 
     the following:
       ``(40) Unit of local government.--The term `unit of local 
     government' means any city, county, township, town, borough, 
     parish, village, or other general purpose political 
     subdivision of a State.'';
       (23) by striking paragraph (36), as in effect before the 
     amendments made by this subsection, and inserting the 
     following:
       ``(41) Victim services or services.--The terms `victim 
     services' and `services' means services provided to victims 
     of domestic violence, dating violence, sexual assault, or 
     stalking, including telephonic or web-based hotlines, legal 
     advocacy, economic advocacy, emergency and transitional 
     shelter, accompaniment and advocacy through medical, civil or 
     criminal justice, immigration, and social support systems, 
     crisis intervention, short-term individual and group support 
     services, information and referrals, culturally specific 
     services, population specific services, and other related 
     supportive services.
       ``(42) Victim service provider.--The term `victim service 
     provider' means a nonprofit, nongovernmental or tribal 
     organization or rape crisis center, including a State or 
     tribal coalition, that assists or advocates for domestic 
     violence, dating violence, sexual assault, or stalking 
     victims, including domestic violence shelters, faith-based 
     organizations, and other organizations, with a documented 
     history of effective work concerning domestic violence, 
     dating violence, sexual assault, or stalking.''; and
       (24) by striking paragraph (43), as redesignated, and 
     inserting the following:
       ``(43) Youth.--The term `youth' means a person who is 11 to 
     24 years old.''.
       (b) Grants Conditions.--Subsection (b) of section 40002 of 
     the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)) 
     is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (B), by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) disclose, reveal, or release any personally 
     identifying information or individual information collected 
     in connection with services requested, utilized, or denied 
     through grantees' and subgrantees' programs, regardless of 
     whether the information has been encoded, encrypted, hashed, 
     or otherwise protected; or
       ``(ii) disclose, reveal, or release individual client 
     information without the informed, written, reasonably time-
     limited consent of the person (or in the case of an 
     unemancipated minor, the minor and the parent or guardian or 
     in the case of legal incapacity, a court-appointed guardian) 
     about whom information is sought, whether for this program or 
     any other Federal, State, tribal, or territorial grant 
     program, except that consent for release may not be given by 
     the abuser of the minor, incapacitated person, or the abuser 
     of the other parent of the minor.

     If a minor or a person with a legally appointed guardian is 
     permitted by law to receive services without the parent's or 
     guardian's consent, the minor or person with a guardian may 
     release information without additional consent.'';
       (B) by amending subparagraph (D), to read as follows:
       ``(D) Information sharing.--
       ``(i) Grantees and subgrantees may share--

       ``(I) nonpersonally identifying data in the aggregate 
     regarding services to their clients and nonpersonally 
     identifying demographic information in order to comply with 
     Federal, State, tribal, or territorial reporting, evaluation, 
     or data collection requirements;
       ``(II) court-generated information and law enforcement-
     generated information contained in secure, governmental 
     registries for protection order enforcement purposes; and
       ``(III) law enforcement-generated and prosecution-generated 
     information necessary for law enforcement and prosecution 
     purposes.

       ``(ii) In no circumstances may--

       ``(I) an adult, youth, or child victim of domestic 
     violence, dating violence, sexual assault, or stalking be 
     required to provide a consent to release his or her 
     personally identifying information as a condition of 
     eligibility for the services provided by the grantee or 
     subgrantee;
       ``(II) any personally identifying information be shared in 
     order to comply with Federal, tribal, or State reporting, 
     evaluation, or data collection requirements, whether for this 
     program or any other Federal, tribal, or State grant 
     program.'';

       (C) by redesignating subparagraph (E) as subparagraph (F);
       (D) by inserting after subparagraph (D) the following:
       ``(E) Statutorily mandated reports of abuse or neglect.--
     Nothing in this section prohibits a grantee or subgrantee 
     from reporting suspected abuse or neglect, as those terms are 
     defined and specifically mandated by the State or tribe 
     involved.''; and
       (E) by inserting after subparagraph (F), as redesignated, 
     the following:

[[Page 5503]]

       ``(G) Confidentiality assessment and assurances.--Grantees 
     and subgrantees must document their compliance with the 
     confidentiality and privacy provisions required under this 
     section.'';
       (2) by striking paragraph (3) and inserting the following:
       ``(3) Approved activities.--In carrying out the activities 
     under this title, grantees and subgrantees may collaborate 
     with or provide information to Federal, State, local, tribal, 
     and territorial public officials and agencies to develop and 
     implement policies and develop and promote State, local, or 
     tribal legislation or model codes designed to reduce or 
     eliminate domestic violence, dating violence, sexual assault, 
     and stalking.'';
       (3) in paragraph (7), by inserting at the end the 
     following:
     ``Final reports of such evaluations shall be made available 
     to the public via the agency's website.''; and
       (4) by inserting after paragraph (11) the following:
       ``(12) Delivery of legal assistance.--Any grantee or 
     subgrantee providing legal assistance with funds awarded 
     under this title shall comply with the eligibility 
     requirements in section 1201(d) of the Violence Against Women 
     Act of 2000 (42 U.S.C. 3796gg 6(d)).
       ``(13) Civil rights.--
       ``(A) Nondiscrimination.--No person in the United States 
     shall, on the basis of actual or perceived race, color, 
     religion, national origin, sex, gender identity (as defined 
     in paragraph 249(c)(4) of title 18, United States Code), 
     sexual orientation, or disability, be excluded from 
     participation in, be denied the benefits of, or be subjected 
     to discrimination under any program or activity funded in 
     whole or in part with funds made available under the Violence 
     Against Women Act of 1994 (title IV of Public Law 103-322; 
     108 Stat. 1902), the Violence Against Women Act of 2000 
     (division B of Public Law 106-386; 114 Stat. 1491), the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (title IX of Public Law 109-162; 
     119 Stat. 3080), the Violence Against Women Reauthorization 
     Act of 2011, and any other program or activity funded in 
     whole or in part with funds appropriated for grants, 
     cooperative agreements, and other assistance administered by 
     the Office on Violence Against Women.
       ``(B) Exception.--If sex segregation or sex-specific 
     programming is necessary to the essential operation of a 
     program, nothing in this paragraph shall prevent any such 
     program or activity from consideration of an individual's 
     sex. In such circumstances, grantees may meet the 
     requirements of this paragraph by providing comparable 
     services to individuals who cannot be provided with the sex-
     segregated or sex-specific programming.
       ``(C) Discrimination.--The authority of the Attorney 
     General and the Office of Justice Programs to enforce this 
     paragraph shall be the same as it is under section 3789d of 
     title 42, United States Code.
       ``(D) Construction.--Nothing contained in this paragraph 
     shall be construed, interpreted, or applied to supplant, 
     displace, preempt, or otherwise diminish the responsibilities 
     and liabilities under other State or Federal civil rights 
     law, whether statutory or common.
       ``(14) Clarification of victim services and legal 
     assistance.--Victim services and legal assistance under this 
     title also include services and assistance to victims of 
     domestic violence, dating violence, sexual assault, or 
     stalking who are also victims of severe forms of trafficking 
     in persons as defined by section 103 of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7102).
       ``(15) Conferral.--
       ``(A) In general.--The Office on Violence Against Women 
     shall establish a biennial conferral process with State and 
     tribal coalitions and technical assistance providers who 
     receive funding through grants administered by the Office on 
     Violence Against Women and authorized by this Act, and other 
     key stakeholders.
       ``(B) Areas covered.--The areas of conferral under this 
     paragraph shall include--
       ``(i) the administration of grants;
       ``(ii) unmet needs;
       ``(iii) promising practices in the field; and
       ``(iv) emerging trends.
       ``(C) Initial conferral.--The first conferral shall be 
     initiated not later than 6 months after the date of enactment 
     of the Violence Against Women Reauthorization Act of 2011.
       ``(D) Report.--Not later than 90 days after the conclusion 
     of each conferral period, the Office on Violence Against 
     Women shall publish a comprehensive report that--
       ``(i) summarizes the issues presented during conferral and 
     what, if any, policies it intends to implement to address 
     those issues;
       ``(ii) is made available to the public on the Office on 
     Violence Against Women's website and submitted to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives.
       ``(16) Accountability.--All grants awarded by the Attorney 
     General under this Act shall be subject to the following 
     accountability provisions:
       ``(A) Audit requirement.--
       ``(i) In general.--Beginning in the first fiscal year 
     beginning after the date of the enactment of this Act, and in 
     each fiscal year thereafter, the Inspector General of the 
     Department of Justice shall conduct audits of recipients of 
     grants under this Act to prevent waste, fraud, and abuse of 
     funds by grantees. The Inspector General shall determine the 
     appropriate number of grantees to be audited each year.
       ``(ii) Definition.--In this paragraph, the term `unresolved 
     audit finding' means a finding in the final audit report of 
     the Inspector General of the Department of Justice that the 
     audited grantee has utilized grant funds for an unauthorized 
     expenditure or otherwise unallowable cost that is not closed 
     or resolved within 12 months from the date when the final 
     audit report is issued.
       ``(iii) Mandatory exclusion.--A recipient of grant funds 
     under this Act that is found to have an unresolved audit 
     finding shall not be eligible to receive grant funds under 
     this Act during the following 2 fiscal years.
       ``(iv) Priority.--In awarding grants under this Act, the 
     Attorney General shall give priority to eligible entities 
     that did not have an unresolved audit finding during the 3 
     fiscal years prior to submitting an application for a grant 
     under this Act.
       ``(v) Reimbursement.--If an entity is awarded grant funds 
     under this Act during the 2-fiscal-year period in which the 
     entity is barred from receiving grants under paragraph (2), 
     the Attorney General shall--

       ``(I) deposit an amount equal to the grant funds that were 
     improperly awarded to the grantee into the General Fund of 
     the Treasury; and
       ``(II) seek to recoup the costs of the repayment to the 
     fund from the grant recipient that was erroneously awarded 
     grant funds.

       ``(B) Nonprofit organization requirements.--
       ``(i) Definition.--For purposes of this paragraph and the 
     grant programs described in this Act, the term `nonprofit 
     organization' means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and is 
     exempt from taxation under section 501(a) of such Code.
       ``(ii) Prohibition.--The Attorney General may not award a 
     grant under any grant program described in this Act to a 
     nonprofit organization that holds money in offshore accounts 
     for the purpose of avoiding paying the tax described in 
     section 511(a) of the Internal Revenue Code of 1986.
       ``(iii) Disclosure.--Each nonprofit organization that is 
     awarded a grant under a grant program described in this Act 
     and uses the procedures prescribed in regulations to create a 
     rebuttable presumption of reasonableness for the compensation 
     of its officers, directors, trustees and key employees, shall 
     disclose to the Attorney General, in the application for the 
     grant, the process for determining such compensation, 
     including the independent persons involved in reviewing and 
     approving such compensation, the comparability data used, and 
     contemporaneous substantiation of the deliberation and 
     decision. Upon request, the Attorney General shall make the 
     information disclosed under this subsection available for 
     public inspection.
       ``(C) Conference expenditures.--
       ``(i) Limitation.--No amounts authorized to be appropriated 
     to the Department of Justice under this Act may be used by 
     the Attorney General, or by any individual or organization 
     awarded discretionary funds through a cooperative agreement 
     under this Act, to host or support any expenditure for 
     conferences that uses more than $20,000 in Department funds, 
     unless the Deputy Attorney General or such Assistant Attorney 
     Generals, Directors, or principal deputies as the Deputy 
     Attorney General may designate, provides prior written 
     authorization that the funds may be expended to host a 
     conference.
       ``(ii) Written approval.--Written approval under clause (i) 
     shall include a written estimate of all costs associated with 
     the conference, including the cost of all food and beverages, 
     audiovisual equipment, honoraria for speakers, and any 
     entertainment.
       ``(iii) Report.--The Deputy Attorney General shall submit 
     an annual report to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives on all approved conference expenditures 
     referenced in this paragraph.
       ``(D) Annual certification.--Beginning in the first fiscal 
     year beginning after the date of the enactment of this Act, 
     the Attorney General shall submit, to the Committee on the 
     Judiciary and the Committee on Appropriations of the Senate 
     and the Committee on the Judiciary and the Committee on 
     Appropriations of the House of Representatives, an annual 
     certification that--
       ``(i) all audits issued by the Office of the Inspector 
     General under paragraph (1) have been completed and reviewed 
     by the appropriate Assistant Attorney General or Director;
       ``(ii) all mandatory exclusions required under subparagraph 
     (A)(iii) have been issued;
       ``(iii) all reimbursements required under subparagraph 
     (A)(v) have been made; and
       ``(iv) includes a list of any grant recipients excluded 
     under subparagraph (A) from the previous year.''.

     SEC. 4. EFFECTIVE DATE.

       Except as otherwise specifically provided in this Act, the 
     provisions of titles I, II, III, IV, VII, and sections 602, 
     901, and 902 of this Act shall not take effect until the 
     beginning of the fiscal year following the date of enactment 
     of this Act.

    TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT 
                         VIOLENCE AGAINST WOMEN

     SEC. 101. STOP GRANTS.

       Title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3711 et seq.) is amended--
       (1) in section 1001(a)(18) (42 U.S.C. 3793(a)(18)), by 
     striking ``$225,000,000 for each of

[[Page 5504]]

     fiscal years 2007 through 2011'' and inserting ``$222,000,000 
     for each of fiscal years 2012 through 2016'';
       (2) in section 2001(b) (42 U.S.C. 3796gg(b))--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``equipment'' and inserting ``resources''; 
     and
       (ii) by inserting ``for the protection and safety of 
     victims,'' after ``women,'';
       (B) in paragraph (1), by striking ``sexual assault'' and 
     all that follows through ``dating violence'' and inserting 
     ``domestic violence, dating violence, sexual assault, and 
     stalking, including the appropriate use of nonimmigrant 
     status under subparagraphs (T) and (U) of section 101(a)(15) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a))'';
       (C) in paragraph (2), by striking ``sexual assault and 
     domestic violence'' and inserting ``domestic violence, dating 
     violence, sexual assault, and stalking'';
       (D) in paragraph (3), by striking ``sexual assault and 
     domestic violence'' and inserting ``domestic violence, dating 
     violence, sexual assault, and stalking, as well as the 
     appropriate treatment of victims'';
       (E) in paragraph (4)--
       (i) by striking ``sexual assault and domestic violence'' 
     and inserting ``domestic violence, dating violence, sexual 
     assault, and stalking''; and
       (ii) by inserting ``, classifying,'' after ``identifying'';
       (F) in paragraph (5)--
       (i) by inserting ``and legal assistance'' after ``victim 
     services'';
       (ii) by striking ``domestic violence and dating violence'' 
     and inserting ``domestic violence, dating violence, and 
     stalking''; and
       (iii) by striking ``sexual assault and domestic violence'' 
     and inserting ``domestic violence, dating violence, sexual 
     assault, and stalking'';
       (G) by striking paragraph (6) and redesignating paragraphs 
     (7) through (14) as paragraphs (6) through (13), 
     respectively;
       (H) in paragraph (6), as redesignated by subparagraph (G), 
     by striking ``sexual assault and domestic violence'' and 
     inserting ``domestic violence, dating violence, sexual 
     assault, and stalking'';
       (I) in paragraph (7), as redesignated by subparagraph (G), 
     by striking ``and dating violence'' and inserting ``dating 
     violence, and stalking'';
       (J) in paragraph (9), as redesignated by subparagraph (G), 
     by striking ``domestic violence or sexual assault'' and 
     inserting `` domestic violence, dating violence, sexual 
     assault, or stalking'';
       (K) in paragraph (12), as redesignated by subparagraph 
     (G)--
       (i) in subparagraph (A), by striking ``triage protocols to 
     ensure that dangerous or potentially lethal cases are 
     identified and prioritized'' and inserting ``the use of 
     evidence-based indicators to assess the risk of domestic and 
     dating violence homicide and prioritize dangerous or 
     potentially lethal cases''; and
       (ii) by striking ``and'' at the end;
       (L) in paragraph (13), as redesignated by subparagraph 
     (G)--
       (i) by striking ``to provide'' and inserting ``providing'';
       (ii) by striking ``nonprofit nongovernmental'';
       (iii) by striking the comma after ``local governments'';
       (iv) in the matter following subparagraph (C), by striking 
     ``paragraph (14)'' and inserting ``paragraph (13)''; and
       (v) by striking the period at the end and inserting a 
     semicolon; and
       (M) by inserting after paragraph (13), as redesignated by 
     subparagraph (G), the following:
       ``(14) developing and promoting State, local, or tribal 
     legislation and policies that enhance best practices for 
     responding to domestic violence, dating violence, sexual 
     assault, and stalking;
       ``(15) developing, implementing, or enhancing Sexual 
     Assault Response Teams, or other similar coordinated 
     community responses to sexual assault;
       ``(16) developing and strengthening policies, protocols, 
     best practices, and training for law enforcement agencies and 
     prosecutors relating to the investigation and prosecution of 
     sexual assault cases and the appropriate treatment of 
     victims;
       ``(17) developing, enlarging, or strengthening programs 
     addressing sexual assault against men, women, and youth in 
     correctional and detention settings;
       ``(18) identifying and conducting inventories of backlogs 
     of sexual assault evidence collection kits and developing 
     protocols and policies for responding to and addressing such 
     backlogs, including protocols and policies for notifying and 
     involving victims;
       ``(19) developing, enlarging, or strengthening programs and 
     projects to provide services and responses targeting male and 
     female victims of domestic violence, dating violence, sexual 
     assault, or stalking, whose ability to access traditional 
     services and responses is affected by their sexual 
     orientation or gender identity, as defined in section 249(c) 
     of title 18, United States Code; and
       ``(20) developing, enhancing, or strengthening prevention 
     and educational programming to address domestic violence, 
     dating violence, sexual assault, or stalking, with not more 
     than 5 percent of the amount allocated to a State to be used 
     for this purpose.'';
       (3) in section 2007 (42 U.S.C. 3796gg-1)--
       (A) in subsection (a), by striking ``nonprofit 
     nongovernmental victim service programs'' and inserting 
     ``victim service providers'';
       (B) in subsection (b)(6), by striking ``(not including 
     populations of Indian tribes)'';
       (C) in subsection (c)--
       (i) by striking paragraph (2) and inserting the following:
       ``(2) grantees and subgrantees shall develop a plan for 
     implementation and shall consult and coordinate with--
       ``(A) the State sexual assault coalition;
       ``(B) the State domestic violence coalition;
       ``(C) the law enforcement entities within the State;
       ``(D) prosecution offices;
       ``(E) State and local courts;
       ``(F) Tribal governments in those States with State or 
     federally recognized Indian tribes;
       ``(G) representatives from underserved populations, 
     including culturally specific populations;
       ``(H) victim service providers;
       ``(I) population specific organizations; and
       ``(J) other entities that the State or the Attorney General 
     identifies as needed for the planning process;'';
       (ii) by redesignating paragraph (3) as paragraph (4);
       (iii) by inserting after paragraph (2), as amended by 
     clause (i), the following:
       ``(3) grantees shall coordinate the State implementation 
     plan described in paragraph (2) with the State plans 
     described in section 307 of the Family Violence Prevention 
     and Services Act (42 U.S.C. 10407) and the programs described 
     in section 1404 of the Victims of Crime Act of 1984 (42 
     U.S.C. 10603) and section 393A of the Public Health Service 
     Act (42 U.S.C. 280b-1b).'';
       (iv) in paragraph (4), as redesignated by clause (ii)--

       (I) in subparagraph (A), by striking ``and not less than 25 
     percent shall be allocated for prosecutors'';
       (II) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D);
       (III) by inserting after subparagraph (A), the following:

       ``(B) not less than 25 percent shall be allocated for 
     prosecutors;''; and

       (IV) in subparagraph (D) as redesignated by subclause (II) 
     by striking ``for'' and inserting ``to''; and

       (v) by adding at the end the following:
       ``(5) not later than 2 years after the date of enactment of 
     this Act, and every year thereafter, not less than 20 percent 
     of the total amount granted to a State under this subchapter 
     shall be allocated for programs or projects in 2 or more 
     allocations listed in paragraph (4) that meaningfully address 
     sexual assault, including stranger rape, acquaintance rape, 
     alcohol or drug-facilitated rape, and rape within the context 
     of an intimate partner relationship.'';
       (D) by striking subsection (d) and inserting the following:
       ``(d) Application Requirements.--An application for a grant 
     under this section shall include--
       ``(1) the certifications of qualification required under 
     subsection (c);
       ``(2) proof of compliance with the requirements for the 
     payment of forensic medical exams and judicial notification, 
     described in section 2010;
       ``(3) proof of compliance with the requirements for paying 
     fees and costs relating to domestic violence and protection 
     order cases, described in section 2011 of this title;
       ``(4) proof of compliance with the requirements prohibiting 
     polygraph examinations of victims of sexual assault, 
     described in section 2013 of this title;
       ``(5) an implementation plan required under subsection (i); 
     and
       ``(6) any other documentation that the Attorney General may 
     require.'';
       (E) in subsection (e)--
       (i) in paragraph (2)--

       (I) in subparagraph (A), by striking ``domestic violence 
     and sexual assault'' and inserting ``domestic violence, 
     dating violence, sexual assault, and stalking''; and
       (II) in subparagraph (D), by striking ``linguistically 
     and''; and

       (ii) by adding at the end the following:
       ``(3) Conditions.--In disbursing grants under this part, 
     the Attorney General may impose reasonable conditions on 
     grant awards to ensure that the States meet statutory, 
     regulatory, and other program requirements.'';
       (F) in subsection (f), by striking the period at the end 
     and inserting ``, except that, for purposes of this 
     subsection, the costs of the projects for victim services or 
     tribes for which there is an exemption under section 
     40002(b)(1) of the Violence Against Women Act of 1994 (42 
     U.S.C. 13925(b)(1)) shall not count toward the total costs of 
     the projects.''; and
       (G) by adding at the end the following:
       ``(i) Implementation Plans.--A State applying for a grant 
     under this part shall--
       ``(1) develop an implementation plan in consultation with 
     the entities listed in subsection (c)(2), that identifies how 
     the State will use the funds awarded under this part, 
     including how the State will meet the requirements of 
     subsection (c)(5); and
       ``(2) submit to the Attorney General--
       ``(A) the implementation plan developed under paragraph 
     (1);
       ``(B) documentation from each member of the planning 
     committee as to their participation in the planning process;
       ``(C) documentation from the prosecution, law enforcement, 
     court, and victim services programs to be assisted, 
     describing--
       ``(i) the need for the grant funds;
       ``(ii) the intended use of the grant funds;

[[Page 5505]]

       ``(iii) the expected result of the grant funds; and
       ``(iv) the demographic characteristics of the populations 
     to be served, including age, disability, race, ethnicity, and 
     language background;
       ``(D) a description of how the State will ensure that any 
     subgrantees will consult with victim service providers during 
     the course of developing their grant applications in order to 
     ensure that the proposed activities are designed to promote 
     the safety, confidentiality, and economic independence of 
     victims;
       ``(E) demographic data on the distribution of underserved 
     populations within the State and a description of how the 
     State will meet the needs of underserved populations, 
     including the minimum allocation for population specific 
     services required under subsection (c)(4)(C);
       ``(F) a description of how the State plans to meet the 
     regulations issued pursuant to subsection (e)(2);
       ``(G) goals and objectives for reducing domestic violence-
     related homicides within the State; and
       ``(H) any other information requested by the Attorney 
     General.
       ``(j) Reallocation of Funds.--A State may use any returned 
     or remaining funds for any authorized purpose under this part 
     if--
       ``(1) funds from a subgrant awarded under this part are 
     returned to the State; or
       ``(2) the State does not receive sufficient eligible 
     applications to award the full funding within the allocations 
     in subsection (c)(4)'';
       (4) in section 2010 (42 U.S.C. 3796gg-4)--
       (A) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--A State, Indian tribal government, or 
     unit of local government shall not be entitled to funds under 
     this subchapter unless the State, Indian tribal government, 
     unit of local government, or another governmental entity--
       ``(A) incurs the full out-of-pocket cost of forensic 
     medical exams described in subsection (b) for victims of 
     sexual assault; and
       ``(B) coordinates with health care providers in the region 
     to notify victims of sexual assault of the availability of 
     rape exams at no cost to the victims.'';
       (B) in subsection (b)--
       (i) in paragraph (1), by inserting ``or'' after the 
     semicolon;
       (ii) in paragraph (2), by striking ``; or'' and inserting a 
     period; and
       (iii) by striking paragraph (3); and
       (C) by amending subsection (d) to read as follows:
       ``(d) Noncooperation.--
       ``(1) In general.--To be in compliance with this section, a 
     State, Indian tribal government, or unit of local government 
     shall comply with subsection (b) without regard to whether 
     the victim participates in the criminal justice system or 
     cooperates with law enforcement.
       ``(2) Compliance period.--States, territories, and Indian 
     tribal governments shall have 3 years from the date of 
     enactment of this Act to come into compliance with this 
     section.''; and
       (5) in section 2011(a)(1) (42 U.S.C. 3796gg-5(a)(1))--
       (A) by inserting ``modification, enforcement, dismissal, 
     withdrawal'' after ``registration,'' each place it appears;
       (B) by inserting ``, dating violence, sexual assault, or 
     stalking'' after ``felony domestic violence''; and
       (C) by striking ``victim of domestic violence'' and all 
     that follows through ``sexual assault'' and inserting 
     ``victim of domestic violence, dating violence, sexual 
     assault, or stalking''.

     SEC. 102. GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT 
                   OF PROTECTION ORDERS.

       (a) In General.--Part U of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et 
     seq.) is amended--
       (1) in section 2101 (42 U.S.C. 3796hh)--
       (A) in subsection (b)--
       (i) in the matter preceding paragraph (1), by striking 
     ``States,'' and all that follows through ``units of local 
     government'' and inserting ``grantees'';
       (ii) in paragraph (1), by inserting ``and enforcement of 
     protection orders across State and tribal lines'' before the 
     period;
       (iii) in paragraph (2), by striking ``and training in 
     police departments to improve tracking of cases'' and 
     inserting ``data collection systems, and training in police 
     departments to improve tracking of cases and classification 
     of complaints'';
       (iv) in paragraph (4), by inserting ``and provide the 
     appropriate training and education about domestic violence, 
     dating violence, sexual assault, and stalking'' after 
     ``computer tracking systems'';
       (v) in paragraph (5), by inserting ``and other victim 
     services'' after ``legal advocacy service programs'';
       (vi) in paragraph (6), by striking ``judges'' and inserting 
     ``Federal, State, tribal, territorial, and local judges, 
     courts, and court-based and court-related personnel'';
       (vii) in paragraph (8), by striking ``and sexual assault'' 
     and inserting ``dating violence, sexual assault, and 
     stalking'';
       (viii) in paragraph (10), by striking ``non-profit, non-
     governmental victim services organizations,'' and inserting 
     ``victim service providers, staff from population specific 
     organizations,''; and
       (ix) by adding at the end the following:
       ``(14) To develop and implement training programs for 
     prosecutors and other prosecution-related personnel regarding 
     best practices to ensure offender accountability, victim 
     safety, and victim consultation in cases involving domestic 
     violence, dating violence, sexual assault, and stalking.
       ``(15) To develop or strengthen policies, protocols, and 
     training for law enforcement, prosecutors, and the judiciary 
     in recognizing, investigating, and prosecuting instances of 
     domestic violence, dating violence, sexual assault, and 
     stalking against immigrant victims, including the appropriate 
     use of applications for nonimmigrant status under 
     subparagraphs (T) and (U) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).
       ``(16) To develop and promote State, local, or tribal 
     legislation and policies that enhance best practices for 
     responding to the crimes of domestic violence, dating 
     violence, sexual assault, and stalking, including the 
     appropriate treatment of victims.
       ``(17) To develop, implement, or enhance sexual assault 
     nurse examiner programs or sexual assault forensic examiner 
     programs, including the hiring and training of such 
     examiners.
       ``(18) To develop, implement, or enhance Sexual Assault 
     Response Teams or similar coordinated community responses to 
     sexual assault.
       ``(19) To develop and strengthen policies, protocols, and 
     training for law enforcement officers and prosecutors 
     regarding the investigation and prosecution of sexual assault 
     cases and the appropriate treatment of victims.
       ``(20) To provide human immunodeficiency virus testing 
     programs, counseling, and prophylaxis for victims of sexual 
     assault.
       ``(21) To identify and inventory backlogs of sexual assault 
     evidence collection kits and to develop protocols for 
     responding to and addressing such backlogs, including 
     policies and protocols for notifying and involving victims.
       ``(22) To develop multidisciplinary high-risk teams 
     focusing on reducing domestic violence and dating violence 
     homicides by--
       ``(A) using evidence-based indicators to assess the risk of 
     homicide and link high-risk victims to immediate crisis 
     intervention services;
       ``(B) identifying and managing high-risk offenders; and
       ``(C) providing ongoing victim advocacy and referrals to 
     comprehensive services including legal, housing, health care, 
     and economic assistance.'';
       (B) in subsection (c)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by inserting 
     ``except for a court,'' before ``certify''; and
       (II) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), and adjusting the margin accordingly;

       (ii) in paragraph (2), by inserting ``except for a court,'' 
     before ``demonstrate'';
       (iii) in paragraph (3)--

       (I) by striking ``spouses'' each place it appears and 
     inserting ``parties''; and
       (II) by striking ``spouse'' and inserting ``party'';

       (iv) in paragraph (4)--

       (I) by inserting ``, dating violence, sexual assault, or 
     stalking'' after ``felony domestic violence'';
       (II) by inserting ``modification, enforcement, dismissal,'' 
     after ``registration,'' each place it appears;
       (III) by inserting ``dating violence,'' after ``victim of 
     domestic violence,''; and
       (IV) by striking ``and'' at the end;

       (v) in paragraph (5)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``, not later than 3 years after January 5, 2006'';
       (II) by inserting ``, trial of, or sentencing for'' after 
     ``investigation of'' each place it appears;
       (III) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), and adjusting the margin accordingly;
       (IV) in clause (ii), as redesignated by subclause (III) of 
     this clause, by striking ``subparagraph (A)'' and inserting 
     ``clause (i)''; and
       (V) by striking the period at the end and inserting ``; 
     and'';

       (vi) by redesignating paragraphs (1) through (5), as 
     amended by this subparagraph, as subparagraphs (A) through 
     (E), respectively;
       (vii) in the matter preceding subparagraph (A), as 
     redesignated by clause (v) of this subparagraph--

       (I) by striking the comma that immediately follows another 
     comma; and
       (II) by striking ``grantees are States'' and inserting the 
     following: ``grantees are--

       ``(1) States''; and
       (viii) by adding at the end the following:
       ``(2) a State, tribal, or territorial domestic violence or 
     sexual assault coalition or a victim service provider that 
     partners with a State, Indian tribal government, or unit of 
     local government that certifies that the State, Indian tribal 
     government, or unit of local government meets the 
     requirements under paragraph (1).'';
       (C) in subsection (d)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by inserting 
     ``, policy,'' after ``law''; and
       (II) in subparagraph (A), by inserting ``and the defendant 
     is in custody or has been served with the information or 
     indictment'' before the semicolon; and

       (ii) in paragraph (2), by striking ``it'' and inserting 
     ``its''; and
       (D) by adding at the end the following:
       ``(f) Allocation for Tribal Coalitions.--Of the amounts 
     appropriated for purposes of this part for each fiscal year, 
     not less than 5 percent

[[Page 5506]]

     shall be available for grants under section 2001 of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796gg).
       ``(g) Allocation for Sexual Assault.--Of the amounts 
     appropriated for purposes of this part for each fiscal year, 
     not less than 25 percent shall be available for projects that 
     address sexual assault, including stranger rape, acquaintance 
     rape, alcohol or drug-facilitated rape, and rape within the 
     context of an intimate partner relationship.''; and
       (2) in section 2102(a) (42 U.S.C. 3796hh-1(a))--
       (A) in paragraph (1), by inserting ``court,'' after 
     ``tribal government,''; and
       (B) in paragraph (4), by striking ``nonprofit, private 
     sexual assault and domestic violence programs'' and inserting 
     ``victim service providers and, as appropriate, population 
     specific organizations''.
       (b) Authorization of Appropriations.--Section 1001(a)(19) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3793(a)(19)) is amended--
       (1) by striking ``$75,000,000'' and all that follows 
     through ``2011.'' and inserting ``$73,000,000 for each of 
     fiscal years 2012 through 2016.''; and
       (2) by striking the period that immediately follows another 
     period.

     SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.

       Section 1201 of the Violence Against Women Act of 2000 (42 
     U.S.C. 3796gg-6) is amended--
       (1) in subsection (a)--
       (A) in the first sentence, by striking ``arising as a 
     consequence of'' and inserting ``relating to or arising out 
     of''; and
       (B) in the second sentence, by inserting ``or arising out 
     of'' after ``relating to'';
       (2) in subsection (b)--
       (A) in the heading, by inserting ``and Grant Conditions'' 
     after ``Definitions''; and
       (B) by inserting ``and grant conditions'' after 
     ``definitions'';
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``victims services 
     organizations'' and inserting ``victim service providers''; 
     and
       (B) by striking paragraph (3) and inserting the following:
       ``(3) to implement, expand, and establish efforts and 
     projects to provide competent, supervised pro bono legal 
     assistance for victims of domestic violence, dating violence, 
     sexual assault, or stalking, except that not more than 10 
     percent of the funds awarded under this section may be used 
     for the purpose described in this paragraph.'';
       (4) in subsection (d)--
       (A) in paragraph (1), by striking ``this section has 
     completed'' and all that follows and inserting the following: 
     ``this section--''
       ``(A) has demonstrated expertise in providing legal 
     assistance to victims of domestic violence, dating violence, 
     sexual assault, or stalking in the targeted population; or
       ``(B)(i) is partnered with an entity or person that has 
     demonstrated expertise described in subparagraph (A); and
       ``(ii) has completed, or will complete, training in 
     connection with domestic violence, dating violence, stalking, 
     or sexual assault and related legal issues, including 
     training on evidence-based risk factors for domestic and 
     dating violence homicide;''; and
       (B) in paragraph (2), by striking ``stalking organization'' 
     and inserting ``stalking victim service provider''; and
       (5) in subsection (f) in paragraph (1), by striking ``this 
     section'' and all that follows and inserting the following: 
     ``this section $57,000,000 for each of fiscal years 2012 
     through 2016.''.

     SEC. 104. CONSOLIDATION OF GRANTS TO SUPPORT FAMILIES IN THE 
                   JUSTICE SYSTEM.

       (a) In General.--Title III of division B of the Victims of 
     Trafficking and Violence Protection Act of 2000 (Public Law 
     106-386; 114 Stat. 1509) is amended by striking the section 
     preceding section 1302 (42 U.S.C. 10420), as amended by 
     section 306 of the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (Public Law 109-162; 119 
     Stat. 316), and inserting the following:

     ``SEC. 1301. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE 
                   SYSTEM.

       ``(a) In General.--The Attorney General may make grants to 
     States, units of local government, courts (including juvenile 
     courts), Indian tribal governments, nonprofit organizations, 
     legal services providers, and victim services providers to 
     improve the response of all aspects of the civil and criminal 
     justice system to families with a history of domestic 
     violence, dating violence, sexual assault, or stalking, or in 
     cases involving allegations of child sexual abuse.
       ``(b) Use of Funds.--A grant under this section may be used 
     to--
       ``(1) provide supervised visitation and safe visitation 
     exchange of children and youth by and between parents in 
     situations involving domestic violence, dating violence, 
     child sexual abuse, sexual assault, or stalking;
       ``(2) develop and promote State, local, and tribal 
     legislation, policies, and best practices for improving civil 
     and criminal court functions, responses, practices, and 
     procedures in cases involving a history of domestic violence 
     or sexual assault, or in cases involving allegations of child 
     sexual abuse, including cases in which the victim proceeds 
     pro se;
       ``(3) educate court-based and court-related personnel and 
     court-appointed personnel (including custody evaluators and 
     guardians ad litem) and child protective services workers on 
     the dynamics of domestic violence, dating violence, sexual 
     assault, and stalking, including information on perpetrator 
     behavior, evidence-based risk factors for domestic and dating 
     violence homicide, and on issues relating to the needs of 
     victims, including safety, security, privacy, and 
     confidentiality, including cases in which the victim proceeds 
     pro se;
       ``(4) provide appropriate resources in juvenile court 
     matters to respond to dating violence, domestic violence, 
     sexual assault (including child sexual abuse), and stalking 
     and ensure necessary services dealing with the health and 
     mental health of victims are available;
       ``(5) enable courts or court-based or court-related 
     programs to develop or enhance--
       ``(A) court infrastructure (such as specialized courts, 
     consolidated courts, dockets, intake centers, or interpreter 
     services);
       ``(B) community-based initiatives within the court system 
     (such as court watch programs, victim assistants, pro se 
     victim assistance programs, or community-based supplementary 
     services);
       ``(C) offender management, monitoring, and accountability 
     programs;
       ``(D) safe and confidential information-storage and 
     information-sharing databases within and between court 
     systems;
       ``(E) education and outreach programs to improve community 
     access, including enhanced access for underserved 
     populations; and
       ``(F) other projects likely to improve court responses to 
     domestic violence, dating violence, sexual assault, and 
     stalking;
       ``(6) provide civil legal assistance and advocacy services, 
     including legal information and resources in cases in which 
     the victim proceeds pro se, to--
       ``(A) victims of domestic violence; and
       ``(B) nonoffending parents in matters--
       ``(i) that involve allegations of child sexual abuse;
       ``(ii) that relate to family matters, including civil 
     protection orders, custody, and divorce; and
       ``(iii) in which the other parent is represented by 
     counsel;
       ``(7) collect data and provide training and technical 
     assistance, including developing State, local, and tribal 
     model codes and policies, to improve the capacity of grantees 
     and communities to address the civil justice needs of victims 
     of domestic violence, dating violence, sexual assault, and 
     stalking who have legal representation, who are proceeding 
     pro se, or who are proceeding with the assistance of a legal 
     advocate; and
       ``(8) to improve training and education to assist judges, 
     judicial personnel, attorneys, child welfare personnel, and 
     legal advocates in the civil justice system.
       ``(c) Considerations.--
       ``(1) In general.--In making grants for purposes described 
     in paragraphs (1) through (7) of subsection (b), the Attorney 
     General shall consider--
       ``(A) the number of families to be served by the proposed 
     programs and services;
       ``(B) the extent to which the proposed programs and 
     services serve underserved populations;
       ``(C) the extent to which the applicant demonstrates 
     cooperation and collaboration with nonprofit, nongovernmental 
     entities in the local community with demonstrated histories 
     of effective work on domestic violence, dating violence, 
     sexual assault, or stalking, including State or tribal 
     domestic violence coalitions, State or tribal sexual assault 
     coalitions, local shelters, and programs for domestic 
     violence and sexual assault victims; and
       ``(D) the extent to which the applicant demonstrates 
     coordination and collaboration with State, tribal, and local 
     court systems, including mechanisms for communication and 
     referral.
       ``(2) Other grants.--In making grants under subsection 
     (b)(8) the Attorney General shall take into account the 
     extent to which the grantee has expertise addressing the 
     judicial system's handling of family violence, child custody, 
     child abuse and neglect, adoption, foster care, supervised 
     visitation, divorce, and parentage.
       ``(d) Applicant Requirements.--The Attorney General may 
     make a grant under this section to an applicant that--
       ``(1) demonstrates expertise in the areas of domestic 
     violence, dating violence, sexual assault, stalking, or child 
     sexual abuse, as appropriate;
       ``(2) ensures that any fees charged to individuals for use 
     of supervised visitation programs and services are based on 
     the income of those individuals, unless otherwise provided by 
     court order;
       ``(3) for a court-based program, certifies that victims of 
     domestic violence, dating violence, sexual assault, or 
     stalking are not charged fees or any other costs related to 
     the filing, petitioning, modifying, issuance, registration, 
     enforcement, withdrawal, or dismissal of matters relating to 
     the domestic violence, dating violence, sexual assault, or 
     stalking;
       ``(4) demonstrates that adequate security measures, 
     including adequate facilities, procedures, and personnel 
     capable of preventing violence, and adequate standards are, 
     or will be, in place (including the development of protocols 
     or policies to ensure that confidential information is not 
     shared with courts, law enforcement agencies, or child 
     welfare agencies unless necessary to ensure the safety of any 
     child or adult using the services of a program funded under 
     this section), if the applicant proposes to operate 
     supervised visitation programs and services or safe 
     visitation exchange;
       ``(5) certifies that the organizational policies of the 
     applicant do not require mediation or counseling involving 
     offenders and victims being physically present in the same 
     place, in cases where domestic violence, dating violence, 
     sexual assault, or stalking is alleged;

[[Page 5507]]

       ``(6) certifies that any person providing legal assistance 
     through a program funded under this section has completed or 
     will complete training on domestic violence, dating violence, 
     sexual assault, and stalking, including child sexual abuse, 
     and related legal issues; and
       ``(7) certifies that any person providing custody 
     evaluation or guardian ad litem services through a program 
     funded under this section has completed or will complete 
     training developed with input from and in collaboration with 
     a tribal, State, territorial, or local domestic violence, 
     dating violence, sexual assault, or stalking victim service 
     provider or coalition on the dynamics of domestic violence 
     and sexual assault, including child sexual abuse, that 
     includes training on how to review evidence of past abuse and 
     the use of evidenced-based theories to make recommendations 
     on custody and visitation.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $22,000,000 for 
     each of fiscal years 2012 through 2016. Amounts appropriated 
     pursuant to this subsection shall remain available until 
     expended.
       ``(f) Allotment for Indian Tribes.--
       ``(1) In general.--Not less than 10 percent of the total 
     amount available under this section for each fiscal year 
     shall be available for grants under the program authorized by 
     section 3796gg 10 of this title.
       ``(2) Applicability of part.--The requirements of this 
     section shall not apply to funds allocated for the program 
     described in paragraph (1).''.
       (b) Technical and Conforming Amendment.--Subtitle J of the 
     Violence Against Women Act of 1994 (42 U.S.C. 14043 et seq.) 
     is repealed.

     SEC. 105. SEX OFFENDER MANAGEMENT.

       Section 40152(c) of the Violence Against Women Act of 1994 
     (42 U.S.C. 13941) is amended by striking ``$5,000,000'' and 
     all that follows and inserting ``$5,000,000 for each of 
     fiscal years 2012 through 2016.''.

     SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.

       Subtitle B of title II of the Crime Control Act of 1990 (42 
     U.S.C. 13011 et seq.) is amended--
       (1) in section 216 (42 U.S.C. 13012), by striking ``January 
     1, 2010'' and inserting ``January 1, 2015'';
       (2) in section 217 (42 U.S.C. 13013)--
       (A) by striking ``Code of Ethics'' in section (c)(2) and 
     inserting ``Standards for Programs''; and
       (B) by adding at the end the following:
       ``(e) Reporting.--An organization that receives a grant 
     under this section for a fiscal year shall submit to the 
     Administrator a report regarding the use of the grant for the 
     fiscal year, including a discussion of outcome performance 
     measures (which shall be established by the Administrator) to 
     determine the effectiveness of the programs of the 
     organization in meeting the needs of children in the child 
     welfare system.''; and
       (3) in section 219(a) (42 U.S.C. 13014(a)), by striking 
     ``fiscal years 2007 through 2011'' and inserting ``fiscal 
     years 2012 through 2016''.

     SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, INCLUDING 
                   CYBERSTALKING.

       (a) Interstate Domestic Violence.--Section 2261(a)(1) of 
     title 18, United States Code, is amended--
       (1) by inserting ``is present'' after ``Indian Country 
     or''; and
       (2) by inserting ``or presence'' after ``as a result of 
     such travel'';
       (b) Stalking.--Section 2261A of title 18, United States 
     Code, is amended to read as follows:

     ``Sec.  2261A. Stalking

       ``Whoever--
       ``(1) travels in interstate or foreign commerce or is 
     present within the special maritime and territorial 
     jurisdiction of the United States, or enters or leaves Indian 
     country, with the intent to kill, injure, harass, intimidate, 
     or place under surveillance with intent to kill, injure, 
     harass, or intimidate another person, and in the course of, 
     or as a result of, such travel or presence engages in conduct 
     that--
       ``(A) places that person in reasonable fear of the death 
     of, or serious bodily injury to--
       ``(i) that person;
       ``(ii) an immediate family member (as defined in section 
     115) of that person; or
       ``(iii) a spouse or intimate partner of that person; or
       ``(B) causes, attempts to cause, or would be reasonably 
     expected to cause substantial emotional distress to a person 
     described in clause (i), (ii), or (iii) of subparagraph (A); 
     or
       ``(2) with the intent to kill, injure, harass, intimidate, 
     or place under surveillance with intent to kill, injure, 
     harass, or intimidate another person, uses the mail, any 
     interactive computer service or electronic communication 
     service or electronic communication system of interstate 
     commerce, or any other facility of interstate or foreign 
     commerce to engage in a course of conduct that--
       ``(A) places that person in reasonable fear of the death of 
     or serious bodily injury to a person described in clause (i), 
     (ii), or (iii) of paragraph (1)(A); or
       ``(B) causes, attempts to cause, or would be reasonably 
     expected to cause substantial emotional distress to a person 
     described in clause (i), (ii), or (iii) of paragraph (1)(A),

     shall be punished as provided in section 2261(b) of this 
     title.''.
       (c) Interstate Violation of Protection Order.--Section 
     2262(a)(2) of title 18, United States Code, is amended by 
     inserting ``is present'' after ``Indian Country or''.

     SEC. 108. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS 
                   GRANT.

       Section 120 of the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (42 U.S.C. 14045) is 
     amended to read as follows:

     ``SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UNDERSERVED 
                   POPULATIONS.

       ``(a) Grants Authorized.--
       ``(1) In general.--Of the amounts appropriated under the 
     grant programs identified in paragraph (2), the Attorney 
     General shall take 2 percent of such appropriated amounts and 
     combine them to award grants to eligible entities described 
     in subsection (b) of this section to develop and implement 
     outreach strategies targeted at adult or youth victims of 
     domestic violence, dating violence, sexual assault, or 
     stalking in underserved populations and to provide victim 
     services to meet the needs of adult and youth victims of 
     domestic violence, dating violence, sexual assault, and 
     stalking in underserved populations. The requirements of the 
     grant programs identified in paragraph (2) shall not apply to 
     this grant program.
       ``(2) Programs covered.--The programs covered by paragraph 
     (1) are the programs carried out under the following 
     provisions:
       ``(A) Section 2001 of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (Grants to Combat Violent Crimes Against 
     Women).
       ``(B) Section 2101 of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (Grants to Encourage Arrest Policies and 
     Enforcement of Protection Orders Program).
       ``(b) Eligible Entities.--Eligible entities under this 
     section are--
       ``(1) population specific organizations that have 
     demonstrated experience and expertise in providing population 
     specific services in the relevant underserved communities, or 
     population specific organizations working in partnership with 
     a victim service provider or domestic violence or sexual 
     assault coalition;
       ``(2) victim service providers offering population specific 
     services for a specific underserved population; or
       ``(3) victim service providers working in partnership with 
     a national, State, tribal, or local organization that has 
     demonstrated experience and expertise in providing population 
     specific services in the relevant underserved population.
       ``(c) Planning Grants.--The Attorney General may use up to 
     25 percent of funds available under this section to make one-
     time planning grants to eligible entities to support the 
     planning and development of specially designed and targeted 
     programs for adult and youth victims in one or more 
     underserved populations, including--
       ``(1) identifying, building and strengthening partnerships 
     with potential collaborators within underserved populations, 
     Federal, State, tribal, territorial or local government 
     entities, and public and private organizations;
       ``(2) conducting a needs assessment of the community and 
     the targeted underserved population or populations to 
     determine what the barriers are to service access and what 
     factors contribute to those barriers, using input from the 
     targeted underserved population or populations;
       ``(3) identifying promising prevention, outreach and 
     intervention strategies for victims from a targeted 
     underserved population or populations; and
       ``(4) developing a plan, with the input of the targeted 
     underserved population or populations, for implementing 
     prevention, outreach and intervention strategies to address 
     the barriers to accessing services, promoting community 
     engagement in the prevention of domestic violence, dating 
     violence, sexual assault, and stalking within the targeted 
     underserved populations, and evaluating the program.
       ``(d) Implementation Grants.--The Attorney General shall 
     make grants to eligible entities for the purpose of providing 
     or enhancing population specific outreach and services to 
     adult and youth victims in one or more underserved 
     populations, including--
       ``(1) working with Federal, State, tribal, territorial and 
     local governments, agencies, and organizations to develop or 
     enhance population specific services;
       ``(2) strengthening the capacity of underserved populations 
     to provide population specific services;
       ``(3) strengthening the capacity of traditional victim 
     service providers to provide population specific services;
       ``(4) strengthening the effectiveness of criminal and civil 
     justice interventions by providing training for law 
     enforcement, prosecutors, judges and other court personnel on 
     domestic violence, dating violence, sexual assault, or 
     stalking in underserved populations; or
       ``(5) working in cooperation with an underserved population 
     to develop and implement outreach, education, prevention, and 
     intervention strategies that highlight available resources 
     and the specific issues faced by victims of domestic 
     violence, dating violence, sexual assault, or stalking from 
     underserved populations.
       ``(e) Application.--An eligible entity desiring a grant 
     under this section shall submit an application to the 
     Director of the Office on Violence Against Women at such 
     time, in such form, and in such manner as the Director may 
     prescribe.
       ``(f) Reports.--Each eligible entity receiving a grant 
     under this section shall submit to the Director of the Office 
     on Violence Against Women a report that describes the 
     activities carried out with grant funds.

[[Page 5508]]

       ``(g) Authorization of Appropriations.--In addition to the 
     funds identified in subsection (a)(1), there are authorized 
     to be appropriated to carry out this section $2,000,000 for 
     each of fiscal years 2012 through 2016.
       ``(h) Definitions and Grant Conditions.--In this section 
     the definitions and grant conditions in section 40002 of the 
     Violence Against Women Act of 1994 (42 U.S.C. 13925) shall 
     apply.''.

     SEC. 109. CULTURALLY SPECIFIC SERVICES GRANT.

       Section 121 of the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (42 U.S.C. 14045a) is 
     amended--
       (1) in the section heading, by striking ``and 
     linguistically'';
       (2) by striking ``and linguistically'' each place it 
     appears;
       (3) by striking ``and linguistic'' each place it appears;
       (4) by striking subsection (a)(2) and inserting:
       ``(2) Programs covered.--The programs covered by paragraph 
     (1) are the programs carried out under the following 
     provisions:
       ``(A) Section 2101 of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (Grants to Encourage Arrest Policies and 
     Enforcement of Protection Orders).
       ``(B) Section 14201 of division B of the Victims of 
     Trafficking and Violence Protection Act of 2000 (42 U.S.C. 
     3796gg-6) (Legal Assistance for Victims).
       ``(C) Section 40295 of the Violence Against Women Act of 
     1994 (42 U.S.C. 13971) (Rural Domestic Violence, Dating 
     Violence, Sexual Assault, Stalking, and Child Abuse 
     Enforcement Assistance).
       ``(D) Section 40802 of the Violence Against Women Act of 
     1994 (42 U.S.C. 14041a) (Enhanced Training and Services to 
     End Violence Against Women Later in Life).
       ``(E) Section 1402 of division B of the Victims of 
     Trafficking and Violence Protection Act of 2000 (42 U.S.C. 
     3796gg-7) (Education, Training, and Enhanced Services to End 
     Violence Against and Abuse of Women with Disabilities).''; 
     and
       (5) in subsection (g), by striking ``linguistic and''.

 TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 
                 VIOLENCE, SEXUAL ASSAULT, AND STALKING

     SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.

       (a) Grants to States and Territories.--Section 41601(b) of 
     the Violence Against Women Act of 1994 (42 U.S.C. 14043g(b)) 
     is amended--
       (1) in paragraph (1), by striking ``other programs'' and 
     all that follows and inserting ``other nongovernmental or 
     tribal programs and projects to assist individuals who have 
     been victimized by sexual assault, without regard to the age 
     of the individual.'';
       (2) in paragraph (2)--
       (A) in subparagraph (B), by inserting ``or tribal programs 
     and activities'' after ``nongovernmental organizations''; and
       (B) in subparagraph (C)(v), by striking ``linguistically 
     and''; and
       (3) in paragraph (4)--
       (A) by inserting ``(including the District of Columbia and 
     Puerto Rico)'' after ``The Attorney General shall allocate to 
     each State'';
       (B) by striking ``the District of Columbia, Puerto Rico,'' 
     after ``Guam'';
       (C) by striking ``0.125 percent'' and inserting ``0.25 
     percent''; and
       (D) by striking ``The District of Columbia shall be treated 
     as a territory for purposes of calculating its allocation 
     under the preceding formula.''.
       (b) Authorization of Appropriations.--Section 41601(f)(1) 
     of the Violence Against Women Act of 1994 (42 U.S.C. 
     14043g(f)(1)) is amended by striking ``$50,000,000 to remain 
     available until expended for each of the fiscal years 2007 
     through 2011'' and inserting ``$40,000,000 to remain 
     available until expended for each of fiscal years 2012 
     through 2016''.

     SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 
                   ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT 
                   ASSISTANCE.

       Section 40295 of the Violence Against Women Act of 1994 (42 
     U.S.C. 13971) is amended--
       (1) in subsection (a)(1)(H), by inserting ``, including 
     sexual assault forensic examiners'' before the semicolon;
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``victim advocacy groups'' and inserting 
     ``victim service providers''; and
       (ii) by inserting ``, including developing 
     multidisciplinary teams focusing on high risk cases with the 
     goal of preventing domestic and dating violence homicides'' 
     before the semicolon;
       (B) in paragraph (2)--
       (i) by striking ``and other long- and short-term 
     assistance'' and inserting ``legal assistance, and other 
     long-term and short-term victim and population specific 
     services''; and
       (ii) by striking ``and'' at the end;
       (C) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(4) developing, enlarging, or strengthening programs 
     addressing sexual assault, including sexual assault forensic 
     examiner programs, Sexual Assault Response Teams, law 
     enforcement training, and programs addressing rape kit 
     backlogs.
       ``(5) developing programs and strategies that focus on the 
     specific needs of victims of domestic violence, dating 
     violence, sexual assault, and stalking who reside in remote 
     rural and geographically isolated areas, including addressing 
     the challenges posed by the lack of access to shelters and 
     victims services, and limited law enforcement resources and 
     training, and providing training and resources to Community 
     Health Aides involved in the delivery of Indian Health 
     Service programs.''; and
       (3) in subsection (e)(1), by striking ``$55,000,000 for 
     each of the fiscal years 2007 through 2011'' and inserting 
     ``$50,000,000 for each of fiscal years 2012 through 2016''.

     SEC. 203. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN 
                   WITH DISABILITIES GRANTS.

       Section 1402 of division B of the Victims of Trafficking 
     and Violence Protection Act of 2000 (42 U.S.C. 3796gg-7) is 
     amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by inserting ``(including using 
     evidence-based indicators to assess the risk of domestic and 
     dating violence homicide)'' after ``risk reduction'';
       (B) in paragraph (4), by striking ``victim service 
     organizations'' and inserting ``victim service providers''; 
     and
       (C) in paragraph (5), by striking ``victim services 
     organizations'' and inserting ``victim service providers'';
       (2) in subsection (c)(1)(D), by striking ``nonprofit and 
     nongovernmental victim services organization, such as a 
     State'' and inserting ``victim service provider, such as a 
     State or tribal''; and
       (3) in subsection (e), by striking ``$10,000,000 for each 
     of the fiscal years 2007 through 2011'' and inserting 
     ``$9,000,000 for each of fiscal years 2012 through 2016''.

     SEC. 204. ENHANCED TRAINING AND SERVICES TO END ABUSE IN 
                   LATER LIFE.

       (a) In General.--Subtitle H of the Violence Against Women 
     Act of 1994 (42 U.S.C. 14041 et seq.) is amended to read as 
     follows:

``Subtitle H--Enhanced Training and Services to End Abuse Later in Life

     ``SEC. 40801. ENHANCED TRAINING AND SERVICES TO END ABUSE IN 
                   LATER LIFE.

       ``(a) Definitions.--In this section--
       ``(1) the term `exploitation' has the meaning given the 
     term in section 2011 of the Social Security Act (42 U.S.C. 
     1397j);
       ``(2) the term `later life', relating to an individual, 
     means the individual is 50 years of age or older; and
       ``(3) the term `neglect' means the failure of a caregiver 
     or fiduciary to provide the goods or services that are 
     necessary to maintain the health or safety of an individual 
     in later life.
       ``(b) Grant Program.--
       ``(1) Grants authorized.--The Attorney General may make 
     grants to eligible entities to carry out the activities 
     described in paragraph (2).
       ``(2) Mandatory and permissible activities.--
       ``(A) Mandatory activities.--An eligible entity receiving a 
     grant under this section shall use the funds received under 
     the grant to--
       ``(i) provide training programs to assist law enforcement 
     agencies, prosecutors, agencies of States or units of local 
     government, population specific organizations, victim service 
     providers, victim advocates, and relevant officers in 
     Federal, tribal, State, territorial, and local courts in 
     recognizing and addressing instances of elder abuse;
       ``(ii) provide or enhance services for victims of abuse in 
     later life, including domestic violence, dating violence, 
     sexual assault, stalking, exploitation, and neglect;
       ``(iii) establish or support multidisciplinary 
     collaborative community responses to victims of abuse in 
     later life, including domestic violence, dating violence, 
     sexual assault, stalking, exploitation, and neglect; and
       ``(iv) conduct cross-training for law enforcement agencies, 
     prosecutors, agencies of States or units of local government, 
     attorneys, health care providers, population specific 
     organizations, faith-based advocates, victim service 
     providers, and courts to better serve victims of abuse in 
     later life, including domestic violence, dating violence, 
     sexual assault, stalking, exploitation, and neglect.
       ``(B) Permissible activities.--An eligible entity receiving 
     a grant under this section may use the funds received under 
     the grant to--
       ``(i) provide training programs to assist attorneys, health 
     care providers, faith-based leaders, or other community-based 
     organizations in recognizing and addressing instances of 
     abuse in later life, including domestic violence, dating 
     violence, sexual assault, stalking, exploitation, and 
     neglect; or
       ``(ii) conduct outreach activities and awareness campaigns 
     to ensure that victims of abuse in later life, including 
     domestic violence, dating violence, sexual assault, stalking, 
     exploitation, and neglect receive appropriate assistance.
       ``(C) Waiver.--The Attorney General may waive 1 or more of 
     the activities described in subparagraph (A) upon making a 
     determination that the activity would duplicate services 
     available in the community.
       ``(D) Limitation.--An eligible entity receiving a grant 
     under this section may use not more than 10 percent of the 
     total funds received under the grant for an activity 
     described in subparagraph (B)(ii).
       ``(3) Eligible entities.--An entity shall be eligible to 
     receive a grant under this section if--
       ``(A) the entity is--
       ``(i) a State;
       ``(ii) a unit of local government;
       ``(iii) a tribal government or tribal organization;
       ``(iv) a population specific organization with demonstrated 
     experience in assisting individuals over 50 years of age;
       ``(v) a victim service provider with demonstrated 
     experience in addressing domestic violence, dating violence, 
     sexual assault, and stalking; or

[[Page 5509]]

       ``(vi) a State, tribal, or territorial domestic violence or 
     sexual assault coalition; and
       ``(B) the entity demonstrates that it is part of a 
     multidisciplinary partnership that includes, at a minimum--
       ``(i) a law enforcement agency;
       ``(ii) a prosecutor's office;
       ``(iii) a victim service provider; and
       ``(iv) a nonprofit program or government agency with 
     demonstrated experience in assisting individuals in later 
     life;
       ``(4) Underserved populations.--In making grants under this 
     section, the Attorney General shall give priority to 
     proposals providing services to culturally specific and 
     underserved populations.
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $9,000,000 for 
     each of fiscal years 2012 through 2016.''.

   TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF 
                                VIOLENCE

     SEC. 301. RAPE PREVENTION AND EDUCATION GRANT.

       Section 393A of the Public Health Service Act (42 U.S.C. 
     280b 1b) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting ``, 
     territorial or tribal'' after ``crisis centers, State''; and
       (B) in paragraph (6), by inserting ``and alcohol'' after 
     ``about drugs''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``$80,000,000 for each of 
     fiscal years 2007 through 2011'' and inserting ``$50,000,000 
     for each of fiscal years 2012 through 2016''; and
       (B) by adding at the end the following:
       ``(3) Baseline funding for states, the district of 
     columbia, and puerto rico.--A minimum allocation of $150,000 
     shall be awarded in each fiscal year for each of the States, 
     the District of Columbia, and Puerto Rico. A minimum 
     allocation of $35,000 shall be awarded in each fiscal year 
     for each Territory. Any unused or remaining funds shall be 
     allotted to each State, the District of Columbia, and Puerto 
     Rico on the basis of population.''.

     SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, 
                   AND EDUCATION FOR CHILDREN AND YOUTH.

       Subtitle L of the Violence Against Women Act of 1994 is 
     amended by striking sections 41201 through 41204 (42 U.S.C. 
     14043c through 14043c-3) and inserting the following:

     ``SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS, 
                   SERVICES, AND EDUCATION FOR CHILDREN AND YOUTH 
                   (`CHOOSE CHILDREN & YOUTH').

       ``(a) Grants Authorized.--The Attorney General, working in 
     collaboration with the Secretary of Health and Human Services 
     and the Secretary of Education, shall award grants to enhance 
     the safety of youth and children who are victims of, or 
     exposed to, domestic violence, dating violence, sexual 
     assault, or stalking and prevent future violence.
       ``(b) Program Purposes.--Funds provided under this section 
     may be used for the following program purpose areas:
       ``(1) Services to advocate for and respond to youth.--To 
     develop, expand, and strengthen victim-centered interventions 
     and services that target youth who are victims of domestic 
     violence, dating violence, sexual assault, and stalking. 
     Services may include victim services, counseling, advocacy, 
     mentoring, educational support, transportation, legal 
     assistance in civil, criminal and administrative matters, 
     such as family law cases, housing cases, child welfare 
     proceedings, campus administrative proceedings, and civil 
     protection order proceedings, services to address the co-
     occurrence of sex trafficking, population-specific services, 
     and other activities that support youth in finding safety, 
     stability, and justice and in addressing the emotional, 
     cognitive, and physical effects of trauma. Funds may be used 
     to--
       ``(A) assess and analyze currently available services for 
     youth victims of domestic violence, dating violence, sexual 
     assault, and stalking, determining relevant barriers to such 
     services in a particular locality, and developing a community 
     protocol to address such problems collaboratively;
       ``(B) develop and implement policies, practices, and 
     procedures to effectively respond to domestic violence, 
     dating violence, sexual assault, or stalking against youth; 
     or
       ``(C) provide technical assistance and training to enhance 
     the ability of school personnel, victim service providers, 
     child protective service workers, staff of law enforcement 
     agencies, prosecutors, court personnel, individuals who work 
     in after school programs, medical personnel, social workers, 
     mental health personnel, and workers in other programs that 
     serve children and youth to improve their ability to 
     appropriately respond to the needs of children and youth who 
     are victims of domestic violence, dating violence, sexual 
     assault, and stalking, and to properly refer such children, 
     youth, and their families to appropriate services.
       ``(2) Supporting youth through education and protection.--
     To enable middle schools, high schools, and institutions of 
     higher education to--
       ``(A) provide training to school personnel, including 
     healthcare providers and security personnel, on the needs of 
     students who are victims of domestic violence, dating 
     violence, sexual assault, or stalking;
       ``(B) develop and implement prevention and intervention 
     policies in middle and high schools, including appropriate 
     responses to, and identification and referral procedures for, 
     students who are experiencing or perpetrating domestic 
     violence, dating violence, sexual assault, or stalking, and 
     procedures for handling the requirements of court protective 
     orders issued to or against students;
       ``(C) provide support services for student victims of 
     domestic violence, dating violence, sexual assault or 
     stalking, such as a resource person who is either on-site or 
     on-call;
       ``(D) implement developmentally appropriate educational 
     programming for students regarding domestic violence, dating 
     violence, sexual assault, and stalking and the impact of such 
     violence on youth; or
       ``(E) develop strategies to increase identification, 
     support, referrals, and prevention programming for youth who 
     are at high risk of domestic violence, dating violence, 
     sexual assault, or stalking.
       ``(c) Eligible Applicants.--
       ``(1) In general.--To be eligible to receive a grant under 
     this section, an entity shall be--
       ``(A) a victim service provider, tribal nonprofit, or 
     population-specific or community-based organization with a 
     demonstrated history of effective work addressing the needs 
     of youth who are, including runaway or homeless youth 
     affected by, victims of domestic violence, dating violence, 
     sexual assault, or stalking;
       ``(B) a victim service provider that is partnered with an 
     entity that has a demonstrated history of effective work 
     addressing the needs of youth; or
       ``(C) a public, charter, tribal, or nationally accredited 
     private middle or high school, a school administered by the 
     Department of Defense under section 2164 of title 10, United 
     States Code or section 1402 of the Defense Dependents' 
     Education Act of 1978, a group of schools, a school district, 
     or an institution of higher education.
       ``(2) Partnerships.--
       ``(A) Education.--To be eligible to receive a grant for the 
     purposes described in subsection (b)(2), an entity described 
     in paragraph (1) shall be partnered with a public, charter, 
     tribal, or nationally accredited private middle or high 
     school, a school administered by the Department of Defense 
     under section 2164 of title 10, United States Code or section 
     1402 of the Defense Dependents' Education Act of 1978, a 
     group of schools, a school district, or an institution of 
     higher education.
       ``(B) Other partnerships.--All applicants under this 
     section are encouraged to work in partnership with 
     organizations and agencies that work with the relevant 
     population. Such entities may include--
       ``(i) a State, tribe, unit of local government, or 
     territory;
       ``(ii) a population specific or community-based 
     organization;
       ``(iii) batterer intervention programs or sex offender 
     treatment programs with specialized knowledge and experience 
     working with youth offenders; or
       ``(iv) any other agencies or nonprofit, nongovernmental 
     organizations with the capacity to provide effective 
     assistance to the adult, youth, and child victims served by 
     the partnership.
       ``(d) Grantee Requirements.--Applicants for grants under 
     this section shall establish and implement policies, 
     practices, and procedures that--
       ``(1) require and include appropriate referral systems for 
     child and youth victims;
       ``(2) protect the confidentiality and privacy of child and 
     youth victim information, particularly in the context of 
     parental or third party involvement and consent, mandatory 
     reporting duties, and working with other service providers 
     all with priority on victim safety and autonomy; and
       ``(3) ensure that all individuals providing intervention or 
     prevention programming to children or youth through a program 
     funded under this section have completed, or will complete, 
     sufficient training in connection with domestic violence, 
     dating violence, sexual assault and stalking.
       ``(e) Definitions and Grant Conditions.--In this section, 
     the definitions and grant conditions provided for in section 
     40002 shall apply.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $15,000,000 for 
     each of fiscal years 2012 through 2016.
       ``(g) Allotment.--
       ``(1) In general.--Not less than 50 percent of the total 
     amount appropriated under this section for each fiscal year 
     shall be used for the purposes described in subsection 
     (b)(1).
       ``(2) Indian tribes.--Not less than 10 percent of the total 
     amount appropriated under this section for each fiscal year 
     shall be made available for grants under the program 
     authorized by section 2015 of the Omnibus Crime Control and 
     Safe Streets Act of 1968. The requirements of this section 
     shall not apply to funds allocated under this paragraph.
       ``(h) Priority.--The Attorney General shall prioritize 
     grant applications under this section that coordinate with 
     prevention programs in the community.''.

     SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.

       Section 304 of the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (42 U.S.C. 14045b) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``stalking on campuses, and'' and inserting 
     ``stalking on campuses,'';
       (ii) by striking ``crimes against women on'' and inserting 
     ``crimes on''; and

[[Page 5510]]

       (iii) by inserting ``, and to develop and strengthen 
     prevention education and awareness programs'' before the 
     period; and
       (B) in paragraph (2), by striking ``$500,000'' and 
     inserting ``$300,000'';
       (2) in subsection (b)--
       (A) in paragraph (2)--
       (i) by inserting ``, strengthen,'' after ``To develop''; 
     and
       (ii) by inserting ``including the use of technology to 
     commit these crimes,'' after ``sexual assault and 
     stalking,'';
       (B) in paragraph (4)--
       (i) by inserting ``and population specific services'' after 
     ``strengthen victim services programs'';
       (ii) by striking ``entities carrying out'' and all that 
     follows through ``stalking victim services programs'' and 
     inserting ``victim service providers''; and
       (iii) by inserting ``, regardless of whether the services 
     are provided by the institution or in coordination with 
     community victim service providers'' before the period at the 
     end; and
       (C) by adding at the end the following:
       ``(9) To develop or adapt and provide developmental, 
     culturally appropriate, and linguistically accessible print 
     or electronic materials to address both prevention and 
     intervention in domestic violence, dating violence, sexual 
     violence, and stalking.
       ``(10) To develop or adapt population specific strategies 
     and projects for victims of domestic violence, dating 
     violence, sexual assault, and stalking from underserved 
     populations on campus.'';
       (3) in subsection (c)--
       (A) in paragraph (2)--
       (i) in subparagraph (B), by striking ``any non-profit'' and 
     all that follows through ``victim services programs'' and 
     inserting ``victim service providers'';
       (ii) by redesignating subparagraphs (D) through (F) as 
     subparagraphs (E) through (G), respectively; and
       (iii) by inserting after subparagraph (C), the following:
       ``(D) describe how underserved populations in the campus 
     community will be adequately served, including the provision 
     of relevant population specific services;''; and
       (B) in paragraph (3), by striking ``2007 through 2011'' and 
     inserting ``2012 through 2016'';
       (4) in subsection (d)--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by inserting after paragraph (2), the following:
       ``(3) Grantee minimum requirements.--Each grantee shall 
     comply with the following minimum requirements during the 
     grant period:
       ``(A) The grantee shall create a coordinated community 
     response including both organizations external to the 
     institution and relevant divisions of the institution.
       ``(B) The grantee shall establish a mandatory prevention 
     and education program on domestic violence, dating violence, 
     sexual assault, and stalking for all incoming students.
       ``(C) The grantee shall train all campus law enforcement to 
     respond effectively to domestic violence, dating violence, 
     sexual assault, and stalking.
       ``(D) The grantee shall train all members of campus 
     disciplinary boards to respond effectively to situations 
     involving domestic violence, dating violence, sexual assault, 
     or stalking.''; and
       (5) in subsection (e), by striking ``there are'' and all 
     that follows through the period and inserting ``there is 
     authorized to be appropriated $12,000,000 for each of fiscal 
     years 2012 through 2016.''.

     SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING 
                   VIOLENCE, AND STALKING EDUCATION AND 
                   PREVENTION.

       (a) In General.--Section 485(f) of the Higher Education Act 
     of 1965 (20 U.S.C. 1092(f)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (C)(iii), by striking the period at the 
     end and inserting ``, when the victim of such crime elects or 
     is unable to make such a report.''; and
       (B) in subparagraph (F)--
       (i) in clause (i)(VIII), by striking ``and'' after the 
     semicolon;
       (ii) in clause (ii)--

       (I) by striking ``sexual orientation'' and inserting `` 
     national origin, sexual orientation, gender identity,''; and
       (II) by striking the period and inserting ``; and''; and

       (iii) by adding at the end the following:
       ``(iii) of domestic violence, dating violence, and stalking 
     incidents that were reported to campus security authorities 
     or local police agencies.'';
       (2) in paragraph (3), by inserting ``, that withholds the 
     names of victims as confidential,'' after ``that is timely'';
       (3) in paragraph (6)(A)--
       (A) by redesignating clauses (i), (ii), and (iii) as 
     clauses (ii), (iii), and (iv), respectively;
       (B) by inserting before clause (ii), as redesignated by 
     subparagraph (A), the following:
       ``(i) The terms `dating violence', `domestic violence', and 
     `stalking' have the meaning given such terms in section 
     40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 
     13925(a)).''; and
       (C) by inserting after clause (iv), as redesignated by 
     subparagraph (A), the following:
       ``(v) The term `sexual assault' means an offense classified 
     as a forcible or nonforcible sex offense under the uniform 
     crime reporting system of the Federal Bureau of 
     Investigation.'';
       (4) in paragraph (7)--
       (A) by striking ``paragraph (1)(F)'' and inserting 
     ``clauses (i) and (ii) of paragraph (1)(F)''; and
       (B) by inserting after ``Hate Crime Statistics Act.'' the 
     following: ``For the offenses of domestic violence, dating 
     violence, and stalking, such statistics shall be compiled in 
     accordance with the definitions used in section 40002(a) of 
     the Violence Against Women Act of 1994 (42 U.S.C. 
     13925(a)).'';
       (5) by striking paragraph (8) and inserting the following:
       ``(8)(A) Each institution of higher education participating 
     in any program under this title and title IV of the Economic 
     Opportunity Act of 1964, other than a foreign institution of 
     higher education, shall develop and distribute as part of the 
     report described in paragraph (1) a statement of policy 
     regarding--
       ``(i) such institution's programs to prevent domestic 
     violence, dating violence, sexual assault, and stalking; and
       ``(ii) the procedures that such institution will follow 
     once an incident of domestic violence, dating violence, 
     sexual assault, or stalking has been reported.
       ``(B) The policy described in subparagraph (A) shall 
     address the following areas:
       ``(i) Education programs to promote the awareness of rape, 
     acquaintance rape, domestic violence, dating violence, sexual 
     assault, and stalking, which shall include--
       ``(I) primary prevention and awareness programs for all 
     incoming students and new employees, which shall include--
       ``(aa) a statement that the institution of higher education 
     prohibits the offenses of domestic violence, dating violence, 
     sexual assault, and stalking;
       ``(bb) the definition of domestic violence, dating 
     violence, sexual assault, and stalking in the applicable 
     jurisdiction;
       ``(cc) the definition of consent, in reference to sexual 
     activity, in the applicable jurisdiction;
       ``(dd) safe and positive options for bystander intervention 
     that may be carried out by an individual to prevent harm or 
     intervene when there is a risk of domestic violence, dating 
     violence, sexual assault, or stalking against a person other 
     than such individual;
       ``(ee) information on risk reduction to recognize warning 
     signs of abusive behavior and how to avoid potential attacks; 
     and
       ``(ff) the information described in clauses (ii) through 
     (vii); and
       ``(II) ongoing prevention and awareness campaigns for 
     students and faculty, including information described in 
     items (aa) through (ff) of subclause (I).
       ``(ii) Possible sanctions or protective measures that such 
     institution may impose following a final determination of an 
     institutional disciplinary procedure regarding rape, 
     acquaintance rape, domestic violence, dating violence, sexual 
     assault, or stalking.
       ``(iii) Procedures victims should follow if a sex offense, 
     domestic violence, dating violence, sexual assault, or 
     stalking has occurred, including information in writing 
     about--
       ``(I) the importance of preserving evidence as may be 
     necessary to the proof of criminal domestic violence, dating 
     violence, sexual assault, or stalking, or in obtaining a 
     protection order;
       ``(II) to whom the alleged offense should be reported;
       ``(III) options regarding law enforcement and campus 
     authorities, including notification of the victim's option 
     to--
       ``(aa) notify proper law enforcement authorities, including 
     on-campus and local police;
       ``(bb) be assisted by campus authorities in notifying law 
     enforcement authorities if the victim so chooses; and
       ``(cc) decline to notify such authorities; and
       ``(IV) where applicable, the rights of victims and the 
     institution's responsibilities regarding orders of 
     protection, no contact orders, restraining orders, or similar 
     lawful orders issued by a criminal, civil, or tribal court.
       ``(iv) Procedures for institutional disciplinary action in 
     cases of alleged domestic violence, dating violence, sexual 
     assault, or stalking, which shall include a clear statement 
     that--
       ``(I) such proceedings shall--
       ``(aa) provide a prompt and equitable investigation and 
     resolution; and
       ``(bb) be conducted by officials who receive annual 
     training on the issues related to domestic violence, dating 
     violence, sexual assault, and stalking and how to conduct an 
     investigation and hearing process that protects the safety of 
     victims and promotes accountability;
       ``(II) the accuser and the accused are entitled to the same 
     opportunities to have others present during an institutional 
     disciplinary proceeding, including the opportunity to be 
     accompanied to any related meeting or proceeding by an 
     advisor of their choice; and
       ``(III) both the accuser and the accused shall be 
     simultaneously informed, in writing, of--
       ``(aa) the outcome of any institutional disciplinary 
     proceeding that arises from an allegation of domestic 
     violence, dating violence, sexual assault, or stalking;
       ``(bb) the institution's procedures for the accused and the 
     victim to appeal the results of the institutional 
     disciplinary proceeding;
       ``(cc) of any change to the results that occurs prior to 
     the time that such results become final; and
       ``(dd) when such results become final.
       ``(v) Information about how the institution will protect 
     the confidentiality of victims, including how publicly-
     available recordkeeping

[[Page 5511]]

     will be accomplished without the inclusion of identifying 
     information about the victim, to the extent permissible by 
     law.
       ``(vi) Written notification of students and employees about 
     existing counseling, health, mental health, victim advocacy, 
     legal assistance, and other services available for victims 
     both on-campus and in the community.
       ``(vii) Written notification of victims about options for, 
     and available assistance in, changing academic, living, 
     transportation, and working situations, if so requested by 
     the victim and if such accommodations are reasonably 
     available, regardless of whether the victim chooses to report 
     the crime to campus police or local law enforcement.
       ``(C) A student or employee who reports to an institution 
     of higher education that the student or employee has been a 
     victim of domestic violence, dating violence, sexual assault, 
     or stalking, whether the offense occurred on or off campus, 
     shall be provided with a written explanation of the student 
     or employee's rights and options, as described in clauses 
     (ii) through (vii) of subparagraph (B).'';
       (6) in paragraph (9), by striking ``The Secretary'' and 
     inserting ``The Secretary, in consultation with the Attorney 
     General of the United States,'';
       (7) by striking paragraph (16) and inserting the following:
       ``(16)(A) The Secretary shall seek the advice and counsel 
     of the Attorney General of the United States concerning the 
     development, and dissemination to institutions of higher 
     education, of best practices information about campus safety 
     and emergencies.
       ``(B) The Secretary shall seek the advice and counsel of 
     the Attorney General of the United States and the Secretary 
     of Health and Human Services concerning the development, and 
     dissemination to institutions of higher education, of best 
     practices information about preventing and responding to 
     incidents of domestic violence, dating violence, sexual 
     assault, and stalking, including elements of institutional 
     policies that have proven successful based on evidence-based 
     outcome measurements.''; and
       (8) by striking paragraph (17) and inserting the following:
       ``(17) No officer, employee, or agent of an institution 
     participating in any program under this title shall 
     retaliate, intimidate, threaten, coerce, or otherwise 
     discriminate against any individual for exercising their 
     rights or responsibilities under any provision of this 
     subsection.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect with respect to the annual security report 
     under section 485(f)(1) of the Higher Education Act of 1965 
     (20 U.S.C. 1092(f)(1)) prepared by an institution of higher 
     education 1 calendar year after the date of enactment of this 
     Act, and each subsequent calendar year.

                 TITLE IV--VIOLENCE REDUCTION PRACTICES

     SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL 
                   AND PREVENTION.

       Section 402(c) of the Violence Against Women and Department 
     of Justice Reauthorization Act of 2005 (42 U.S.C. 280b-4(c)) 
     is amended by striking ``$2,000,000 for each of the fiscal 
     years 2007 through 2011'' and inserting ``$1,000,000 for each 
     of the fiscal years 2012 through 2016''.

     SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH 
                   PREVENTION GRANTS.

       (a) SMART Prevention.--Section 41303 of the Violence 
     Against Women Act of 1994 (42 U.S.C. 14043d-2) is amended to 
     read as follows:

     ``SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES THROUGH 
                   PREVENTION (SMART PREVENTION).

       ``(a) Grants Authorized.--The Attorney General, in 
     consultation with the Secretary of Health and Human Services 
     and the Secretary of Education, is authorized to award grants 
     for the purpose of preventing domestic violence, dating 
     violence, sexual assault, and stalking by taking a 
     comprehensive approach that focuses on youth, children 
     exposed to violence, and men as leaders and influencers of 
     social norms.
       ``(b) Use of Funds.--Funds provided under this section may 
     be used for the following purposes:
       ``(1) Teen dating violence awareness and prevention.--To 
     develop, maintain, or enhance programs that change attitudes 
     and behaviors around the acceptability of domestic violence, 
     dating violence, sexual assault, and stalking and provide 
     education and skills training to young individuals and 
     individuals who influence young individuals. The prevention 
     program may use evidence-based, evidence-informed, or 
     innovative strategies and practices focused on youth. Such a 
     program should include--
       ``(A) age and developmentally-appropriate education on 
     domestic violence, dating violence, sexual assault, stalking, 
     and sexual coercion, as well as healthy relationship skills, 
     in school, in the community, or in health care settings;
       ``(B) community-based collaboration and training for those 
     with influence on youth, such as parents, teachers, coaches, 
     healthcare providers, faith-leaders, older teens, and 
     mentors;
       ``(C) education and outreach to change environmental 
     factors contributing to domestic violence, dating violence, 
     sexual assault, and stalking; and
       ``(D) policy development targeted to prevention, including 
     school-based policies and protocols.
       ``(2) Children exposed to violence and abuse.--To develop, 
     maintain or enhance programs designed to prevent future 
     incidents of domestic violence, dating violence, sexual 
     assault, and stalking by preventing, reducing and responding 
     to children's exposure to violence in the home. Such programs 
     may include--
       ``(A) providing services for children exposed to domestic 
     violence, dating violence, sexual assault or stalking, 
     including direct counseling or advocacy, and support for the 
     non-abusing parent; and
       ``(B) training and coordination for educational, after-
     school, and childcare programs on how to safely and 
     confidentially identify children and families experiencing 
     domestic violence, dating violence, sexual assault, or 
     stalking and properly refer children exposed and their 
     families to services and violence prevention programs.
       ``(3) Engaging men as leaders and role models.--To develop, 
     maintain or enhance programs that work with men to prevent 
     domestic violence, dating violence, sexual assault, and 
     stalking by helping men to serve as role models and social 
     influencers of other men and youth at the individual, school, 
     community or statewide levels.
       ``(c) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall be--
       ``(1) a victim service provider, community-based 
     organization, tribe or tribal organization, or other non-
     profit, nongovernmental organization that has a history of 
     effective work preventing domestic violence, dating violence, 
     sexual assault, or stalking and expertise in the specific 
     area for which they are applying for funds; or
       ``(2) a partnership between a victim service provider, 
     community-based organization, tribe or tribal organization, 
     or other non-profit, nongovernmental organization that has a 
     history of effective work preventing domestic violence, 
     dating violence, sexual assault, or stalking and at least one 
     of the following that has expertise in serving children 
     exposed to domestic violence, dating violence, sexual 
     assault, or stalking, youth domestic violence, dating 
     violence, sexual assault, or stalking prevention, or engaging 
     men to prevent domestic violence, dating violence, sexual 
     assault, or stalking:
       ``(A) A public, charter, tribal, or nationally accredited 
     private middle or high school, a school administered by the 
     Department of Defense under section 2164 of title 10, United 
     States Code or section 1402 of the Defense Dependents' 
     Education Act of 1978, a group of schools, or a school 
     district.
       ``(B) A local community-based organization, population-
     specific organization, or faith-based organization that has 
     established expertise in providing services to youth.
       ``(C) A community-based organization, population-specific 
     organization, university or health care clinic, faith-based 
     organization, or other non-profit, nongovernmental 
     organization with a demonstrated history of effective work 
     addressing the needs of children exposed to domestic 
     violence, dating violence, sexual assault, or stalking.
       ``(D) A nonprofit, nongovernmental entity providing 
     services for runaway or homeless youth affected by domestic 
     violence, dating violence, sexual assault, or stalking.
       ``(E) Healthcare entities eligible for reimbursement under 
     title XVIII of the Social Security Act, including providers 
     that target the special needs of children and youth.
       ``(F) Any other agencies, population-specific 
     organizations, or nonprofit, nongovernmental organizations 
     with the capacity to provide necessary expertise to meet the 
     goals of the program; or
       ``(3) a public, charter, tribal, or nationally accredited 
     private middle or high school, a school administered by the 
     Department of Defense under section 2164 of title 10, United 
     States Code or section 1402 of the Defense Dependents' 
     Education Act of 1978, a group of schools, a school district, 
     or an institution of higher education.
       ``(d) Grantee Requirements.--
       ``(1) In general.--Applicants for grants under this section 
     shall prepare and submit to the Director an application at 
     such time, in such manner, and containing such information as 
     the Director may require that demonstrates the capacity of 
     the applicant and partnering organizations to undertake the 
     project.
       ``(2) Policies and procedures.--Applicants under this 
     section shall establish and implement policies, practices, 
     and procedures that--
       ``(A) include appropriate referral systems to direct any 
     victim identified during program activities to highly 
     qualified follow-up care;
       ``(B) protect the confidentiality and privacy of adult and 
     youth victim information, particularly in the context of 
     parental or third party involvement and consent, mandatory 
     reporting duties, and working with other service providers;
       ``(C) ensure that all individuals providing prevention 
     programming through a program funded under this section have 
     completed or will complete sufficient training in connection 
     with domestic violence, dating violence, sexual assault or 
     stalking; and
       ``(D) document how prevention programs are coordinated with 
     service programs in the community.
       ``(3) Preference.--In selecting grant recipients under this 
     section, the Attorney General shall give preference to 
     applicants that--
       ``(A) include outcome-based evaluation; and
       ``(B) identify any other community, school, or State-based 
     efforts that are working on domestic violence, dating 
     violence, sexual assault, or stalking prevention and explain 
     how the grantee or partnership will add value, coordinate 
     with other programs, and not duplicate existing efforts.

[[Page 5512]]

       ``(e) Definitions and Grant Conditions.--In this section, 
     the definitions and grant conditions provided for in section 
     40002 shall apply.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $15,000,000 for 
     each of fiscal years 2012 through 2016. Amounts appropriated 
     under this section may only be used for programs and 
     activities described under this section.
       ``(g) Allotment.--
       ``(1) In general.--Not less than 25 percent of the total 
     amounts appropriated under this section in each fiscal year 
     shall be used for each set of purposes described in 
     paragraphs (1), (2), and (3) of subsection (b).
       ``(2) Indian tribes.--Not less than 10 percent of the total 
     amounts appropriated under this section in each fiscal year 
     shall be made available for grants to Indian tribes or tribal 
     organizations. If an insufficient number of applications are 
     received from Indian tribes or tribal organizations, such 
     funds shall be allotted to other population-specific 
     programs.''.
       (b) Repeals.--The following provisions are repealed:
       (1) Sections 41304 and 41305 of the Violence Against Women 
     Act of 1994 (42 U.S.C. 14043d-3 and 14043d-4).
       (2) Section 403 of the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005 (42 U.S.C. 
     14045c).

  TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC 
        VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

     SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN THE 
                   HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC 
                   VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND 
                   STALKING.

       (a) Grants.--Section 399P of the Public Health Service Act 
     (42 U.S.C. 280g-4) is amended to read as follows:

     ``SEC. 399P. GRANTS TO STRENGTHEN THE HEALTHCARE SYSTEM'S 
                   RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, 
                   SEXUAL ASSAULT, AND STALKING.

       ``(a) In General.--The Secretary shall award grants for--
       ``(1) the development or enhancement and implementation of 
     interdisciplinary training for health professionals, public 
     health staff, and allied health professionals;
       ``(2) the development or enhancement and implementation of 
     education programs for medical, nursing, dental, and other 
     health profession students and residents to prevent and 
     respond to domestic violence, dating violence, sexual 
     assault, and stalking; and
       ``(3) the development or enhancement and implementation of 
     comprehensive statewide strategies to improve the response of 
     clinics, public health facilities, hospitals, and other 
     health settings (including behavioral and mental health 
     programs) to domestic violence, dating violence, sexual 
     assault, and stalking.
       ``(b) Use of Funds.--
       ``(1) Required uses.--Amounts provided under a grant under 
     this section shall be used to--
       ``(A) fund interdisciplinary training and education 
     programs under paragraphs (1) and (2) of subsection (a) 
     that--
       ``(i) are designed to train medical, psychology, dental, 
     social work, nursing, and other health profession students, 
     interns, residents, fellows, or current health care providers 
     to identify and provide health care services (including 
     mental or behavioral health care services and referrals to 
     appropriate community services) to individuals who are or who 
     have been victims of domestic violence, dating violence, 
     sexual assault, or stalking; and
       ``(ii) plan and develop culturally competent clinical 
     training components for integration into approved internship, 
     residency, and fellowship training or continuing medical or 
     other health education training that address physical, 
     mental, and behavioral health issues, including protective 
     factors, related to domestic violence, dating violence, 
     sexual assault, stalking, and other forms of violence and 
     abuse, focus on reducing health disparities and preventing 
     violence and abuse, and include the primacy of victim safety 
     and confidentiality;
       ``(B) design and implement comprehensive strategies to 
     improve the response of the health care system to domestic or 
     sexual violence in clinical and public health settings, 
     hospitals, clinics, and other health settings (including 
     behavioral and mental health), under subsection (a)(3) 
     through--
       ``(i) the implementation, dissemination, and evaluation of 
     policies and procedures to guide health professionals and 
     public health staff in identifying and responding to domestic 
     violence, dating violence, sexual assault, and stalking, 
     including strategies to ensure that health information is 
     maintained in a manner that protects the patient's privacy 
     and safety, and safely uses health information technology to 
     improve documentation, identification, assessment, treatment, 
     and follow-up care;
       ``(ii) the development of on-site access to services to 
     address the safety, medical, and mental health needs of 
     patients by increasing the capacity of existing health care 
     professionals and public health staff to address domestic 
     violence, dating violence, sexual assault, and stalking, or 
     by contracting with or hiring domestic or sexual assault 
     advocates to provide such services or to model other services 
     appropriate to the geographic and cultural needs of a site;
       ``(iii) the development of measures and methods for the 
     evaluation of the practice of identification, intervention, 
     and documentation regarding victims of domestic violence, 
     dating violence, sexual assault, and stalking, including the 
     development and testing of quality improvement measurements, 
     in accordance with the multi-stakeholder and quality 
     measurement processes established under paragraphs (7) and 
     (8) of section 1890(b) and section 1890A of the Social 
     Security Act (42 U.S.C. 1395aaa(b)(7) and (8); 42 U.S.C. 
     1890A); and
       ``(iv) the provision of training and follow-up technical 
     assistance to health care professionals, and public health 
     staff, and allied health professionals to identify, assess, 
     treat, and refer clients who are victims of domestic 
     violence, dating violence, sexual assault, or stalking, 
     including using tools and training materials already 
     developed.
       ``(2) Permissible uses.--
       ``(A) Child and elder abuse.--To the extent consistent with 
     the purpose of this section, a grantee may use amounts 
     received under this section to address, as part of a 
     comprehensive programmatic approach implemented under the 
     grant, issues relating to child or elder abuse.
       ``(B) Rural areas.--Grants funded under paragraphs (1) and 
     (2) of subsection (a) may be used to offer to rural areas 
     community-based training opportunities, which may include the 
     use of distance learning networks and other available 
     technologies needed to reach isolated rural areas, for 
     medical, nursing, and other health profession students and 
     residents on domestic violence, dating violence, sexual 
     assault, stalking, and, as appropriate, other forms of 
     violence and abuse.
       ``(C) Other uses.--Grants funded under subsection (a)(3) 
     may be used for --
       ``(i) the development of training modules and policies that 
     address the overlap of child abuse, domestic violence, dating 
     violence, sexual assault, and stalking and elder abuse, as 
     well as childhood exposure to domestic and sexual violence;
       ``(ii) the development, expansion, and implementation of 
     sexual assault forensic medical examination or sexual assault 
     nurse examiner programs;
       ``(iii) the inclusion of the health effects of lifetime 
     exposure to violence and abuse as well as related protective 
     factors and behavioral risk factors in health professional 
     training schools including medical, dental, nursing, social 
     work, and mental and behavioral health curricula, and allied 
     health service training courses; or
       ``(iv) the integration of knowledge of domestic violence, 
     dating violence, sexual assault, and stalking into health 
     care accreditation and professional licensing examinations, 
     such as medical, dental, social work, and nursing boards, and 
     where appropriate, other allied health exams.
       ``(c) Requirements for Grantees.--
       ``(1) Confidentiality and safety.--
       ``(A) In general.--Grantees under this section shall ensure 
     that all programs developed with grant funds address issues 
     of confidentiality and patient safety and comply with 
     applicable confidentiality and nondisclosure requirements 
     under section 40002(b)(2) of the Violence Against Women Act 
     of 1994 and the Family Violence Prevention and Services Act, 
     and that faculty and staff associated with delivering 
     educational components are fully trained in procedures that 
     will protect the immediate and ongoing security and 
     confidentiality of the patients, patient records, and staff. 
     Such grantees shall consult entities with demonstrated 
     expertise in the confidentiality and safety needs of victims 
     of domestic violence, dating violence, sexual assault, and 
     stalking on the development and adequacy of confidentially 
     and security procedures, and provide documentation of such 
     consultation.
       ``(B) Advance notice of information disclosure.--Grantees 
     under this section shall provide to patients advance notice 
     about any circumstances under which information may be 
     disclosed, such as mandatory reporting laws, and shall give 
     patients the option to receive information and referrals 
     without affirmatively disclosing abuse.
       ``(2) Limitation on administrative expenses.--A grantee 
     shall use not more than 10 percent of the amounts received 
     under a grant under this section for administrative expenses.
       ``(3) Application.--
       ``(A) Preference.--In selecting grant recipients under this 
     section, the Secretary shall give preference to applicants 
     based on the strength of their evaluation strategies, with 
     priority given to outcome based evaluations.
       ``(B) Subsection (a)(1) and (2) grantees.--Applications for 
     grants under paragraphs (1) and (2) of subsection (a) shall 
     include--
       ``(i) documentation that the applicant represents a team of 
     entities working collaboratively to strengthen the response 
     of the health care system to domestic violence, dating 
     violence, sexual assault, or stalking, and which includes at 
     least one of each of--

       ``(I) an accredited school of allopathic or osteopathic 
     medicine, psychology, nursing, dentistry, social work, or 
     other health field;
       ``(II) a health care facility or system; or
       ``(III) a government or nonprofit entity with a history of 
     effective work in the fields of domestic violence, dating 
     violence, sexual assault, or stalking; and

       ``(ii) strategies for the dissemination and sharing of 
     curricula and other educational materials developed under the 
     grant, if any, with other interested health professions 
     schools and national resource repositories for materials on 
     domestic violence, dating violence, sexual assault, and 
     stalking.

[[Page 5513]]

       ``(C) Subsection (a)(3) grantees.--An entity desiring a 
     grant under subsection (a)(3) shall submit an application to 
     the Secretary at such time, in such a manner, and containing 
     such information and assurances as the Secretary may require, 
     including--
       ``(i) documentation that all training, education, 
     screening, assessment, services, treatment, and any other 
     approach to patient care will be informed by an understanding 
     of violence and abuse victimization and trauma-specific 
     approaches that will be integrated into prevention, 
     intervention, and treatment activities;
       ``(ii) strategies for the development and implementation of 
     policies to prevent and address domestic violence, dating 
     violence, sexual assault, and stalking over the lifespan in 
     health care settings;
       ``(iii) a plan for consulting with State and tribal 
     domestic violence or sexual assault coalitions, national 
     nonprofit victim advocacy organizations, State or tribal law 
     enforcement task forces (where appropriate), and population 
     specific organizations with demonstrated expertise in 
     domestic violence, dating violence, sexual assault, or 
     stalking;
       ``(iv) with respect to an application for a grant under 
     which the grantee will have contact with patients, a plan, 
     developed in collaboration with local victim service 
     providers, to respond appropriately to and make correct 
     referrals for individuals who disclose that they are victims 
     of domestic violence, dating violence, sexual assault, 
     stalking, or other types of violence, and documentation 
     provided by the grantee of an ongoing collaborative 
     relationship with a local victim service provider; and
       ``(v) with respect to an application for a grant proposing 
     to fund a program described in subsection (b)(2)(C)(ii), a 
     certification that any sexual assault forensic medical 
     examination and sexual assault nurse examiner programs 
     supported with such grant funds will adhere to the guidelines 
     set forth by the Attorney General.
       ``(d) Eligible Entities.--
       ``(1) In general.--To be eligible to receive funding under 
     paragraph (1) or (2) of subsection (a), an entity shall be--
       ``(A) a nonprofit organization with a history of effective 
     work in the field of training health professionals with an 
     understanding of, and clinical skills pertinent to, domestic 
     violence, dating violence, sexual assault, or stalking, and 
     lifetime exposure to violence and abuse;
       ``(B) an accredited school of allopathic or osteopathic 
     medicine, psychology, nursing, dentistry, social work, or 
     allied health;
       ``(C) a health care provider membership or professional 
     organization, or a health care system; or
       ``(D) a State, tribal, territorial, or local entity.
       ``(2) Subsection (a)(3) grantees.--To be eligible to 
     receive funding under subsection (a)(3), an entity shall be--
       ``(A) a State department (or other division) of health, a 
     State, tribal, or territorial domestic violence or sexual 
     assault coalition or victim service provider, or any other 
     nonprofit, nongovernmental organization with a history of 
     effective work in the fields of domestic violence, dating 
     violence, sexual assault, or stalking, and health care, 
     including physical or mental health care; or
       ``(B) a local victim service provider, a local department 
     (or other division) of health, a local health clinic, 
     hospital, or health system, or any other community-based 
     organization with a history of effective work in the field of 
     domestic violence, dating violence, sexual assault, or 
     stalking and health care, including physical or mental health 
     care.
       ``(e) Technical Assistance.--
       ``(1) In general.--Of the funds made available to carry out 
     this section for any fiscal year, the Secretary may make 
     grants or enter into contracts to provide technical 
     assistance with respect to the planning, development, and 
     operation of any program, activity or service carried out 
     pursuant to this section. Not more than 8 percent of the 
     funds appropriated under this section in each fiscal year may 
     be used to fund technical assistance under this subsection.
       ``(2) Availability of materials.--The Secretary shall make 
     publicly available materials developed by grantees under this 
     section, including materials on training, best practices, and 
     research and evaluation.
       ``(3) Reporting.--The Secretary shall publish a biennial 
     report on--
       ``(A) the distribution of funds under this section; and
       ``(B) the programs and activities supported by such funds.
       ``(f) Research and Evaluation.--
       ``(1) In general.--Of the funds made available to carry out 
     this section for any fiscal year, the Secretary may use not 
     more than 20 percent to make a grant or enter into a contract 
     for research and evaluation of--
       ``(A) grants awarded under this section; and
       ``(B) other training for health professionals and effective 
     interventions in the health care setting that prevent 
     domestic violence, dating violence, and sexual assault across 
     the lifespan, prevent the health effects of such violence, 
     and improve the safety and health of individuals who are 
     currently being victimized.
       ``(2) Research.--Research authorized in paragraph (1) may 
     include--
       ``(A) research on the effects of domestic violence, dating 
     violence, sexual assault, and childhood exposure to domestic, 
     dating or sexual violence on health behaviors, health 
     conditions, and health status of individuals, families, and 
     populations, including underserved populations;
       ``(B) research to determine effective health care 
     interventions to respond to and prevent domestic violence, 
     dating violence, sexual assault, and stalking;
       ``(C) research on the impact of domestic, dating and sexual 
     violence, childhood exposure to such violence, and stalking 
     on the health care system, health care utilization, health 
     care costs, and health status; and
       ``(D) research on the impact of adverse childhood 
     experiences on adult experience with domestic violence, 
     dating violence, sexual assault, stalking, and adult health 
     outcomes, including how to reduce or prevent the impact of 
     adverse childhood experiences through the health care 
     setting.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $10,000,000 for 
     each of fiscal years 2012 through 2016.
       ``(h) Definitions.--Except as otherwise provided herein, 
     the definitions provided for in section 40002 of the Violence 
     Against Women Act of 1994 shall apply to this section.''.
       (b) Repeals.--The following provisions are repealed:
       (1) Section 40297 of the Violence Against Women Act of 1994 
     (42 U.S.C. 13973).
       (2) Section 758 of the Public Health Service Act (42 U.S.C. 
     294h).

TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, 
                      SEXUAL ASSAULT, AND STALKING

     SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC 
                   VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND 
                   STALKING.

       (a) Amendment.--Subtitle N of the Violence Against Women 
     Act of 1994 (42 U.S.C. 14043e et seq.) is amended--
       (1) by inserting after the subtitle heading the following:

                     ``CHAPTER 1--GRANT PROGRAMS'';

       (2) in section 41402 (42 U.S.C. 14043e-1), in the matter 
     preceding paragraph (1), by striking ``subtitle'' and 
     inserting ``chapter'';
       (3) in section 41403 (42 U.S.C. 14043e-2), in the matter 
     preceding paragraph (1), by striking ``subtitle'' and 
     inserting ``chapter''; and
       (4) by adding at the end the following:

                      ``CHAPTER 2--HOUSING RIGHTS

     ``SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC 
                   VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND 
                   STALKING.

       ``(a) Definitions.--In this chapter:
       ``(1) Affiliated individual.--The term `affiliated 
     individual' means, with respect to an individual--
       ``(A) a spouse, parent, brother, sister, or child of that 
     individual, or an individual to whom that individual stands 
     in loco parentis; or
       ``(B) any individual, tenant, or lawful occupant living in 
     the household of that individual.
       ``(2) Appropriate agency.--The term `appropriate agency' 
     means, with respect to a covered housing program, the 
     Executive department (as defined in section 101 of title 5, 
     United States Code) that carries out the covered housing 
     program.
       ``(3) Covered housing program.--The term `covered housing 
     program' means--
       ``(A) the program under section 202 of the Housing Act of 
     1959 (12 U.S.C. 1701q);
       ``(B) the program under section 811 of the Cranston-
     Gonzalez National Affordable Housing Act (42 U.S.C. 8013);
       ``(C) the program under subtitle D of title VIII of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     12901 et seq.);
       ``(D) the program under subtitle A of title IV of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et 
     seq.);
       ``(E) the program under subtitle A of title II of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     12741 et seq.);
       ``(F) the program under paragraph (3) of section 221(d) of 
     the National Housing Act (12 U.S.C. 1715l(d)) that bears 
     interest at a rate determined under the proviso under 
     paragraph (5) of such section 221(d);
       ``(G) the program under section 236 of the National Housing 
     Act (12 U.S.C. 1715z-1);
       ``(H) the programs under sections 6 and 8 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437d and 1437f);
       ``(I) rural housing assistance provided under sections 514, 
     515, 516, 533, and 538 of the Housing Act of 1949 (42 U.S.C. 
     1484, 1485, 1486, 1490m, and 1490p-2); and
       ``(J) the low income housing tax credit program under 
     section 42 of the Internal Revenue Code of 1986.
       ``(b) Prohibited Basis for Denial or Termination of 
     Assistance or Eviction.--
       ``(1) In general.--An applicant for or tenant of housing 
     assisted under a covered housing program may not be denied 
     admission to, denied assistance under, terminated from 
     participation in, or evicted from the housing on the basis 
     that the applicant or tenant is or has been a victim of 
     domestic violence, dating violence, sexual assault, or 
     stalking, if the applicant or tenant otherwise qualifies for 
     admission, assistance, participation, or occupancy.
       ``(2) Construction of lease terms.--An incident of actual 
     or threatened domestic violence, dating violence, sexual 
     assault, or stalking shall not be construed as--
       ``(A) a serious or repeated violation of a lease for 
     housing assisted under a covered housing program by the 
     victim or threatened victim of such incident; or
       ``(B) good cause for terminating the assistance, tenancy, 
     or occupancy rights to housing assisted under a covered 
     housing program of the victim or threatened victim of such 
     incident.

[[Page 5514]]

       ``(3) Termination on the basis of criminal activity.--
       ``(A) Denial of assistance, tenancy, and occupancy rights 
     prohibited.--No person may deny assistance, tenancy, or 
     occupancy rights to housing assisted under a covered housing 
     program to a tenant solely on the basis of criminal activity 
     directly relating to domestic violence, dating violence, 
     sexual assault, or stalking that is engaged in by a member of 
     the household of the tenant or any guest or other person 
     under the control of the tenant, if the tenant or an 
     affiliated individual of the tenant is the victim or 
     threatened victim of such domestic violence, dating violence, 
     sexual assault, or stalking.
       ``(B) Bifurcation.--
       ``(i) In general.--Notwithstanding subparagraph (A), a 
     public housing agency or owner or manager of housing assisted 
     under a covered housing program may bifurcate a lease for the 
     housing in order to evict, remove, or terminate assistance to 
     any individual who is a tenant or lawful occupant of the 
     housing and who engages in criminal activity directly 
     relating to domestic violence, dating violence, sexual 
     assault, or stalking against an affiliated individual or 
     other individual, without evicting, removing, terminating 
     assistance to, or otherwise penalizing a victim of such 
     criminal activity who is also a tenant or lawful occupant of 
     the housing.
       ``(ii) Effect of eviction on other tenants.--If public 
     housing agency or owner or manager of housing assisted under 
     a covered housing program evicts, removes, or terminates 
     assistance to an individual under clause (i), and the 
     individual is the sole tenant eligible to receive assistance 
     under a covered housing program, the public housing agency or 
     owner or manager of housing assisted under the covered 
     housing program shall provide any remaining tenant an 
     opportunity to establish eligibility for the covered housing 
     program. If a tenant described in the preceding sentence 
     cannot establish eligibility, the public housing agency or 
     owner or manager of the housing shall provide the tenant a 
     reasonable time, as determined by the appropriate agency, to 
     find new housing or to establish eligibility for housing 
     under another covered housing program.
       ``(C) Rules of construction.--Nothing in subparagraph (A) 
     shall be construed--
       ``(i) to limit the authority of a public housing agency or 
     owner or manager of housing assisted under a covered housing 
     program, when notified of a court order, to comply with a 
     court order with respect to--

       ``(I) the rights of access to or control of property, 
     including civil protection orders issued to protect a victim 
     of domestic violence, dating violence, sexual assault, or 
     stalking; or
       ``(II) the distribution or possession of property among 
     members of a household in a case;

       ``(ii) to limit any otherwise available authority of a 
     public housing agency or owner or manager of housing assisted 
     under a covered housing program to evict or terminate 
     assistance to a tenant for any violation of a lease not 
     premised on the act of violence in question against the 
     tenant or an affiliated person of the tenant, if the public 
     housing agency or owner or manager does not subject an 
     individual who is or has been a victim of domestic violence, 
     dating violence, or stalking to a more demanding standard 
     than other tenants in determining whether to evict or 
     terminate;
       ``(iii) to limit the authority to terminate assistance to a 
     tenant or evict a tenant from housing assisted under a 
     covered housing program if a public housing agency or owner 
     or manager of the housing can demonstrate that an actual and 
     imminent threat to other tenants or individuals employed at 
     or providing service to the property would be present if the 
     assistance is not terminated or the tenant is not evicted; or
       ``(iv) to supersede any provision of any Federal, State, or 
     local law that provides greater protection than this section 
     for victims of domestic violence, dating violence, sexual 
     assault, or stalking.
       ``(c) Documentation.--
       ``(1) Request for documentation.--If an applicant for, or 
     tenant of, housing assisted under a covered housing program 
     represents to a public housing agency or owner or manager of 
     the housing that the individual is entitled to protection 
     under subsection (b), the public housing agency or owner or 
     manager may request, in writing, that the applicant or tenant 
     submit to the public housing agency or owner or manager a 
     form of documentation described in paragraph (3).
       ``(2) Failure to provide certification.--
       ``(A) In general.--If an applicant or tenant does not 
     provide the documentation requested under paragraph (1) 
     within 14 business days after the tenant receives a request 
     in writing for such certification from a public housing 
     agency or owner or manager of housing assisted under a 
     covered housing program, nothing in this chapter may be 
     construed to limit the authority of the public housing agency 
     or owner or manager to--
       ``(i) deny admission by the applicant or tenant to the 
     covered program;
       ``(ii) deny assistance under the covered program to the 
     applicant or tenant;
       ``(iii) terminate the participation of the applicant or 
     tenant in the covered program; or
       ``(iv) evict the applicant, the tenant, or a lawful 
     occupant that commits violations of a lease.
       ``(B) Extension.--A public housing agency or owner or 
     manager of housing may extend the 14-day deadline under 
     subparagraph (A) at its discretion.
       ``(3) Form of documentation.--A form of documentation 
     described in this paragraph is--
       ``(A) a certification form approved by the appropriate 
     agency that--
       ``(i) states that an applicant or tenant is a victim of 
     domestic violence, dating violence, sexual assault, or 
     stalking;
       ``(ii) states that the incident of domestic violence, 
     dating violence, sexual assault, or stalking that is the 
     ground for protection under subsection (b) meets the 
     requirements under subsection (b); and
       ``(iii) includes the name of the individual who committed 
     the domestic violence, dating violence, sexual assault, or 
     stalking, if the name is known and safe to provide;
       ``(B) a document that--
       ``(i) is signed by--

       ``(I) an employee, agent, or volunteer of a victim service 
     provider, an attorney, a medical professional, or a mental 
     health professional from whom an applicant or tenant has 
     sought assistance relating to domestic violence, dating 
     violence, sexual assault, or stalking, or the effects of the 
     abuse; and
       ``(II) the applicant or tenant; and

       ``(ii) states under penalty of perjury that the individual 
     described in clause (i)(I) believes that the incident of 
     domestic violence, dating violence, sexual assault, or 
     stalking that is the ground for protection under subsection 
     (b) meets the requirements under subsection (b);
       ``(C) a record of a Federal, State, tribal, territorial, or 
     local law enforcement agency, court, or administrative 
     agency; or
       ``(D) at the discretion of a public housing agency or owner 
     or manager of housing assisted under a covered housing 
     program, a statement or other evidence provided by an 
     applicant or tenant.
       ``(4) Confidentiality.--Any information submitted to a 
     public housing agency or owner or manager under this 
     subsection, including the fact that an individual is a victim 
     of domestic violence, dating violence, sexual assault, or 
     stalking shall be maintained in confidence by the public 
     housing agency or owner or manager and may not be entered 
     into any shared database or disclosed to any other entity or 
     individual, except to the extent that the disclosure is--
       ``(A) requested or consented to by the individual in 
     writing;
       ``(B) required for use in an eviction proceeding under 
     subsection (b); or
       ``(C) otherwise required by applicable law.
       ``(5) Documentation not required.--Nothing in this 
     subsection shall be construed to require a public housing 
     agency or owner or manager of housing assisted under a 
     covered housing program to request that an individual submit 
     documentation of the status of the individual as a victim of 
     domestic violence, dating violence, sexual assault, or 
     stalking.
       ``(6) Compliance not sufficient to constitute evidence of 
     unreasonable act.--Compliance with subsection (b) by a public 
     housing agency or owner or manager of housing assisted under 
     a covered housing program based on documentation received 
     under this subsection, shall not be sufficient to constitute 
     evidence of an unreasonable act or omission by the public 
     housing agency or owner or manager or an employee or agent of 
     the public housing agency or owner or manager. Nothing in 
     this paragraph shall be construed to limit the liability of a 
     public housing agency or owner or manager of housing assisted 
     under a covered housing program for failure to comply with 
     subsection (b).
       ``(7) Response to conflicting certification.--If a public 
     housing agency or owner or manager of housing assisted under 
     a covered housing program receives documentation under this 
     subsection that contains conflicting information, the public 
     housing agency or owner or manager may require an applicant 
     or tenant to submit third-party documentation, as described 
     in subparagraph (B), (C), or (D) of paragraph (3).
       ``(8) Preemption.--Nothing in this subsection shall be 
     construed to supersede any provision of any Federal, State, 
     or local law that provides greater protection than this 
     subsection for victims of domestic violence, dating violence, 
     sexual assault, or stalking.
       ``(d) Notification.--
       ``(1) Development.--The Secretary of Housing and Urban 
     Development shall develop a notice of the rights of 
     individuals under this section, including the right to 
     confidentiality and the limits thereof.
       ``(2) Provision.--Each public housing agency or owner or 
     manager of housing assisted under a covered housing program 
     shall provide the notice developed under paragraph (1), 
     together with the form described in subsection (c)(3)(A), to 
     an applicant for or tenants of housing assisted under a 
     covered housing program--
       ``(A) at the time the applicant is denied residency in a 
     dwelling unit assisted under the covered housing program;
       ``(B) at the time the individual is admitted to a dwelling 
     unit assisted under the covered housing program;
       ``(C) with any notification of eviction or notification of 
     termination of assistance; and
       ``(D) in multiple languages, consistent with guidance 
     issued by the Secretary of Housing and Urban Development in 
     accordance with Executive Order 13166 (42 U.S.C. 2000d-1 
     note; relating to access to services for persons with limited 
     English proficiency).
       ``(e) Emergency Transfers.--Each appropriate agency shall 
     adopt a model emergency transfer plan for use by public 
     housing agencies and owners or managers of housing assisted 
     under covered housing programs that--
       ``(1) allows tenants who are victims of domestic violence, 
     dating violence, sexual assault, or

[[Page 5515]]

     stalking to transfer to another available and safe dwelling 
     unit assisted under a covered housing program if--
       ``(A) the tenant expressly requests the transfer; and
       ``(B)(i) the tenant reasonably believes that the tenant is 
     threatened with imminent harm from further violence if the 
     tenant remains within the same dwelling unit assisted under a 
     covered housing program; or
       ``(ii) in the case of a tenant who is a victim of sexual 
     assault, the sexual assault occurred on the premises during 
     the 90 day period preceding the request for transfer; and
       ``(2) incorporates reasonable confidentiality measures to 
     ensure that the public housing agency or owner or manager 
     does not disclose the location of the dwelling unit of a 
     tenant to a person that commits an act of domestic violence, 
     dating violence, sexual assault, or stalking against the 
     tenant.
       ``(f) Policies and Procedures for Emergency Transfer.--The 
     Secretary of Housing and Urban Development shall establish 
     policies and procedures under which a victim requesting an 
     emergency transfer under subsection (e) may receive, subject 
     to the availability of tenant protection vouchers, assistance 
     under section 8(o) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)).
       ``(g) Implementation.--The appropriate agency with respect 
     to each covered housing program shall implement this section, 
     as this section applies to the covered housing program.''.
       (b) Conforming Amendments.--
       (1) Section 6.--Section 6 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437d) is amended--
       (A) in subsection (c)--
       (i) by striking paragraph (3); and
       (ii) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively;
       (B) in subsection (l)--
       (i) in paragraph (5), by striking ``, and that an incident 
     or incidents of actual or threatened domestic violence, 
     dating violence, or stalking will not be construed as a 
     serious or repeated violation of the lease by the victim or 
     threatened victim of that violence and will not be good cause 
     for terminating the tenancy or occupancy rights of the victim 
     of such violence''; and
       (ii) in paragraph (6), by striking ``; except that'' and 
     all that follows through ``stalking.''; and
       (C) by striking subsection (u).
       (2) Section 8.--Section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f) is amended--
       (A) in subsection (c), by striking paragraph (9);
       (B) in subsection (d)(1)--
       (i) in subparagraph (A), by striking ``and that an 
     applicant or participant is or has been a victim of domestic 
     violence, dating violence, or stalking is not an appropriate 
     basis for denial of program assistance or for denial of 
     admission if the applicant otherwise qualifies for assistance 
     or admission''; and
       (ii) in subparagraph (B)--

       (I) in clause (ii), by striking ``, and that an incident or 
     incidents of actual or threatened domestic violence, dating 
     violence, or stalking will not be construed as a serious or 
     repeated violation of the lease by the victim or threatened 
     victim of that violence and will not be good cause for 
     terminating the tenancy or occupancy rights of the victim of 
     such violence''; and
       (II) in clause (iii), by striking ``, except that:'' and 
     all that follows through ``stalking.'';

       (C) in subsection (f)--
       (i) in paragraph (6), by adding ``and'' at the end;
       (ii) in paragraph (7), by striking the semicolon at the end 
     and inserting a period; and
       (iii) by striking paragraphs (8), (9), (10), and (11);
       (D) in subsection (o)--
       (i) in paragraph (6)(B), by striking the last sentence;
       (ii) in paragraph (7)--

       (I) in subparagraph (C), by striking ``and that an incident 
     or incidents of actual or threatened domestic violence, 
     dating violence, or stalking shall not be construed as a 
     serious or repeated violation of the lease by the victim or 
     threatened victim of that violence and shall not be good 
     cause for terminating the tenancy or occupancy rights of the 
     victim of such violence''; and
       (II) in subparagraph (D), by striking ``; except that'' and 
     all that follows through ``stalking.''; and

       (iii) by striking paragraph (20); and
       (E) by striking subsection (ee).
       (3) Rule of construction.--Nothing in this Act, or the 
     amendments made by this Act, shall be construed--
       (A) to limit the rights or remedies available to any person 
     under section 6 or 8 of the United States Housing Act of 1937 
     (42 U.S.C. 1437d and 1437f), as in effect on the day before 
     the date of enactment of this Act;
       (B) to limit any right, remedy, or procedure otherwise 
     available under any provision of part 5, 91, 880, 882, 883, 
     884, 886, 891, 903, 960, 966, 982, or 983 of title 24, Code 
     of Federal Regulations, that--
       (i) was issued under the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005 (Public Law 
     109-162; 119 Stat. 2960) or an amendment made by that Act; 
     and
       (ii) provides greater protection for victims of domestic 
     violence, dating violence, sexual assault, and stalking than 
     this Act; or
       (C) to disqualify an owner, manager, or other individual 
     from participating in or receiving the benefits of the low 
     income housing tax credit program under section 42 of the 
     Internal Revenue Code of 1986 because of noncompliance with 
     the provisions of this Act.

     SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS 
                   OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 
                   ASSAULT, AND STALKING.

       Chapter 11 of subtitle B of the Violence Against Women Act 
     of 1994 (42 U.S.C. 13975 et seq.) is amended--
       (1) in the chapter heading, by striking ``CHILD VICTIMS OF 
     DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT'' and 
     inserting ``VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, 
     SEXUAL ASSAULT, OR STALKING''; and
       (2) in section 40299 (42 U.S.C. 13975)--
       (A) in the header, by striking ``child victims of domestic 
     violence, stalking, or sexual assault'' and inserting 
     ``victims of domestic violence, dating violence, sexual 
     assault, or stalking'';
       (B) in subsection (a)(1), by striking ``fleeing'';
       (C) in subsection (b)(3)--
       (i) in subparagraph (A), by striking `` and'' at the end;
       (ii) by redesignating subparagraph (B) as subparagraph (C);
       (iii) by inserting after subparagraph (A) the following:
       ``(B) secure employment, including obtaining employment 
     counseling, occupational training, job retention counseling, 
     and counseling concerning re-entry in to the workforce; 
     and''; and
       (iv) in subparagraph (C), as redesignated by clause (ii), 
     by striking `` employment counseling,''; and
       (D) in subsection (g)--
       (i) in paragraph (1), by striking ``$40,000,000 for each of 
     fiscal years 2007 through 2011'' and inserting ``$35,000,000 
     for each of fiscal years 2012 through 2016''; and
       (ii) in paragraph (3)--

       (I) in subparagraph (A), by striking ``eligible'' and 
     inserting ``qualified''; and
       (II) by adding at the end the following:

       ``(D) Qualified application defined.--In this paragraph, 
     the term `qualified application' means an application that--
       ``(i) has been submitted by an eligible applicant;
       ``(ii) does not propose any activities that may compromise 
     victim safety, including--

       ``(I) background checks of victims; or
       ``(II) clinical evaluations to determine eligibility for 
     services;

       ``(iii) reflects an understanding of the dynamics of 
     domestic violence, dating violence, sexual assault, or 
     stalking; and
       ``(iv) does not propose prohibited activities, including 
     mandatory services for victims.''.

     SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC 
                   VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND 
                   STALKING.

       Subtitle N of the Violence Against Women Act of 1994 (42 
     U.S.C. 14043e et seq.) is amended--
       (1) in section 41404(i) (42 U.S.C. 14043e-3(i)), by 
     striking ``$10,000,000 for each of fiscal years 2007 through 
     2011'' and inserting ``$4,000,000 for each of fiscal years 
     2012 through 2016''; and
       (2) in section 41405(g) (42 U.S.C. 14043e-4(g)), by 
     striking ``$10,000,000 for each of fiscal years 2007 through 
     2011'' and inserting ``$4,000,000 for each of fiscal years 
     2012 through 2016''.

          TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE

     SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO 
                   ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.

       Section 41501(e) of the Violence Against Women Act of 1994 
     (42 U.S.C. 14043f(e)) is amended by striking ``fiscal years 
     2007 through 2011'' and inserting ``fiscal years 2012 through 
     2016''.

             TITLE VIII--PROTECTION OF BATTERED IMMIGRANTS

     SEC. 801. U NONIMMIGRANT DEFINITION.

       Section 101(a)(15)(U)(iii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended by 
     inserting ``stalking;'' after ``sexual exploitation;''.

     SEC. 802. ANNUAL REPORT ON IMMIGRATION APPLICATIONS MADE BY 
                   VICTIMS OF ABUSE.

       Not later than December 1, 2012, and annually thereafter, 
     the Secretary of Homeland Security shall submit to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives a report that 
     includes the following:
       (1) The number of aliens who--
       (A) submitted an application for nonimmigrant status under 
     paragraph (15)(T)(i), (15)(U)(i), or (51) of section 101(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)) 
     during the preceding fiscal year;
       (B) were granted such nonimmigrant status during such 
     fiscal year; or
       (C) were denied such nonimmigrant status during such fiscal 
     year.
       (2) The mean amount of time and median amount of time to 
     adjudicate an application for such nonimmigrant status during 
     such fiscal year.
       (3) The mean amount of time and median amount of time 
     between the receipt of an application for such nonimmigrant 
     status and the issuance of work authorization to an eligible 
     applicant during the preceding fiscal year.
       (4) The number of aliens granted continued presence in the 
     United States under section 107(c)(3) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) during 
     the preceding fiscal year.
       (5) A description of any actions being taken to reduce the 
     adjudication and processing time,

[[Page 5516]]

     while ensuring the safe and competent processing, of an 
     application described in paragraph (1) or a request for 
     continued presence referred to in paragraph (4).

     SEC. 803. PROTECTION FOR CHILDREN OF VAWA SELF-PETITIONERS.

       Section 204(l)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1154(l)(2)) is amended--
       (1) in subparagraph (E), by striking ``or'' at the end;
       (2) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (3) by inserting after subparagraph (E) the following:
       ``(F) a child of an alien who filed a pending or approved 
     petition for classification or application for adjustment of 
     status or other benefit specified in section 101(a)(51) as a 
     VAWA self-petitioner; or''.

     SEC. 804. PUBLIC CHARGE.

       Section 212(a)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(4)) is amended by adding at the end the 
     following:
       ``(E) Special rule for qualified alien victims.--
     Subparagraphs (A), (B), and (C) shall not apply to an alien 
     who--
       ``(i) is a VAWA self-petitioner;
       ``(ii) is an applicant for, or is granted, nonimmigrant 
     status under section 101(a)(15)(U); or
       ``(iii) is a qualified alien described in section 431(c) of 
     the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1641(c)).''.

     SEC. 805. REQUIREMENTS APPLICABLE TO U VISAS.

       (a) Recapture of Unused U Visas.--Section 214(p)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(p)(2)) is 
     amended by--
       (1) in subparagraph (A), by striking ``The number'' and 
     inserting ``Except as provided in subparagraph (C), the 
     number''; and
       (2) by adding at the end the following:
       ``(C) Beginning in fiscal year 2012, if the numerical 
     limitation set forth in subparagraph (A) is reached before 
     the end of the fiscal year, up to 5,000 additional visas, of 
     the aggregate number of visas that were available and not 
     issued to nonimmigrants described in section 101(a)(15)(U) in 
     fiscal years 2006 through 2011, may be issued until the end 
     of the fiscal year.''.
       (3) Sunset date.--The amendments made by paragraphs (1) and 
     (2) are repealed on the date on which the aggregate number of 
     visas that were available and not issued in fiscal years 2006 
     through 2011 have been issued pursuant to section 
     214(p)(2)(C) of the Immigration and Nationality Act.
       (b) Age Determinations.--Section 214(p) of the Immigration 
     and Nationality Act (8 U.S.C. 1184(p)) is amended by adding 
     at the end the following:
       ``(7) Age determinations.--
       ``(A) Children.--An unmarried alien who seeks to accompany, 
     or follow to join, a parent granted status under section 
     101(a)(15)(U)(i), and who was under 21 years of age on the 
     date on which such parent petitioned for such status, shall 
     continue to be classified as a child for purposes of section 
     101(a)(15)(U)(ii), if the alien attains 21 years of age after 
     such parent's petition was filed but while it was pending.
       ``(B) Principal aliens.--An alien described in clause (i) 
     of section 101(a)(15)(U) shall continue to be treated as an 
     alien described in clause (ii)(I) of such section if the 
     alien attains 21 years of age after the alien's application 
     for status under such clause (i) is filed but while it is 
     pending.''.

     SEC. 806. HARDSHIP WAIVERS.

       (a) In General.--Section 216(c)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--
       (1) in subparagraph (A), by striking the comma at the end 
     and inserting a semicolon;
       (2) in subparagraph (B), by striking ``(1), or'' and 
     inserting ``(1); or'';
       (3) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon and ``or''; and
       (4) by inserting after subparagraph (C) the following:
       ``(D) the alien meets the requirements under section 
     204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage 
     ceremony was battered by or subject to extreme cruelty 
     perpetrated by the alien's intended spouse and was not at 
     fault in failing to meet the requirements of paragraph 
     (1).''.
       (b) Technical Corrections.--Section 216(c)(4) of the 
     Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)), as 
     amended by subsection (a), is further amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``The Attorney General, in the Attorney General's'' and 
     inserting ``The Secretary of Homeland Security, in the 
     Secretary's''; and
       (2) in the undesignated paragraph at the end--
       (A) in the first sentence, by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security'';
       (B) in the second sentence, by striking ``Attorney 
     General'' and inserting ``Secretary'';
       (C) in the third sentence, by striking ``Attorney 
     General.'' and inserting ``Secretary.''; and
       (D) in the fourth sentence, by striking ``Attorney 
     General'' and inserting ``Secretary''.

     SEC. 807. PROTECTIONS FOR A FIANCEE OR FIANCE OF A CITIZEN.

       (a) In General.--Section 214 of the Immigration and 
     Nationality Act (8 U.S.C. 1184) is amended--
       (1) in subsection (d)--
       (A) in paragraph (1), by striking ``crime.'' and inserting 
     ``crime described in paragraph (3)(B) and information on any 
     permanent protection or restraining order issued against the 
     petitioner related to any specified crime described in 
     paragraph (3)(B)(i).'';
       (B) in paragraph (2)(A), in the matter preceding clause 
     (i)--
       (i) by striking ``a consular officer'' and inserting ``the 
     Secretary of Homeland Security''; and
       (ii) by striking ``the officer'' and inserting ``the 
     Secretary''; and
       (C) in paragraph (3)(B)(i), by striking ``abuse, and 
     stalking.'' and inserting ``abuse, stalking, or an attempt to 
     commit any such crime.''; and
       (2) in subsection (r)--
       (A) in paragraph (1), by striking ``crime.'' and inserting 
     ``crime described in paragraph (5)(B) and information on any 
     permanent protection or restraining order issued against the 
     petitioner related to any specified crime described in 
     subsection (5)(B)(i).''; and
       (B) by amending paragraph (4)(B)(ii) to read as follows:
       ``(ii) To notify the beneficiary as required by clause (i), 
     the Secretary of Homeland Security shall provide such notice 
     to the Secretary of State for inclusion in the mailing to the 
     beneficiary described in section 833(a)(5)(A)(i) of the 
     International Marriage Broker Regulation Act of 2005 (8 
     U.S.C. 1375a(a)(5)(A)(i)).''; and
       (3) in paragraph (5)(B)(i), by striking ``abuse, and 
     stalking.'' and inserting ``abuse, stalking, or an attempt to 
     commit any such crime.''.
       (b) Provision of Information to K Nonimmigrants.--Section 
     833 of the International Marriage Broker Regulation Act of 
     2005 (8 U.S.C. 1375a) is amended--
       (1) in subsection (a)(5)(A)--
       (A) in clause (iii)--
       (i) by striking ``State any'' and inserting ``State, for 
     inclusion in the mailing described in clause (i), any''; and
       (ii) by striking the last sentence; and
       (B) by adding at the end the following:
       ``(iv) The Secretary of Homeland Security shall conduct a 
     background check of the National Crime Information Center's 
     Protection Order Database on each petitioner for a visa under 
     subsection (d) or (r) of section 214 of the Immigration and 
     Nationality Act (8 U.S.C. 1184). Any appropriate information 
     obtained from such background check--

       ``(I) shall accompany the criminal background information 
     provided by the Secretary of Homeland Security to the 
     Secretary of State and shared by the Secretary of State with 
     a beneficiary of a petition referred to in clause (iii); and
       ``(II) shall not be used or disclosed for any other purpose 
     unless expressly authorized by law.

       ``(v) The Secretary of Homeland Security shall create a 
     cover sheet or other mechanism to accompany the information 
     required to be provided to an applicant for a visa under 
     subsection (d) or (r) of section 214 of the Immigration and 
     Nationality Act (8 U.S.C. 1184) by clauses (i) through (iv) 
     of this paragraph or by clauses (i) and (ii) of subsection 
     (r)(4)(B) of such section 214, that calls to the applicant's 
     attention--

       ``(I) whether the petitioner disclosed a protection order, 
     a restraining order, or criminal history information on the 
     visa petition;
       ``(II) the criminal background information and information 
     about any protection order obtained by the Secretary of 
     Homeland Security regarding the petitioner in the course of 
     adjudicating the petition; and
       ``(III) whether the information the petitioner disclosed on 
     the visa petition regarding any previous petitions filed 
     under subsection (d) or (r) of such section 214 is consistent 
     with the information in the multiple visa tracking database 
     of the Department of Homeland Security, as described in 
     subsection (r)(4)(A) of such section 214.''; and

       (2) in subsection (b)(1)(A), by striking ``or'' after 
     ``orders'' and inserting ``and''.

     SEC. 808. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.

       (a) Implementation of the International Marriage Broker Act 
     of 2005.--
       (1) Findings.--Congress finds the following:
       (A) The International Marriage Broker Act of 2005 (subtitle 
     D of Public Law 109-162; 119 Stat. 3066) has not been fully 
     implemented with regard to investigating and prosecuting 
     violations of the law, and for other purposes.
       (B) Six years after Congress enacted the International 
     Marriage Broker Act of 2005 to regulate the activities of the 
     hundreds of for-profit international marriage brokers 
     operating in the United States, the Attorney General has not 
     determined which component of the Department of Justice will 
     investigate and prosecute violations of such Act.
       (2) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Attorney General shall submit to 
     Congress a report that includes the following:
       (A) The name of the component of the Department of Justice 
     responsible for investigating and prosecuting violations of 
     the International Marriage Broker Act of 2005 (subtitle D of 
     Public Law 109-162; 119 Stat. 3066) and the amendments made 
     by this Act.
       (B) A description of the policies and procedures of the 
     Attorney General for consultation with the Secretary of 
     Homeland Security and the Secretary of State in investigating 
     and prosecuting such violations.
       (b) Technical Correction.--Section 833(a)(2)(H) of the 
     International Marriage Broker Regulation Act of 2005 (8 
     U.S.C. 1375a(a)(2)(H)) is amended by striking ``Federal and 
     State sex offender public registries'' and inserting ``the 
     National Sex Offender Public Website''.

[[Page 5517]]

       (c) Regulation of International Marriage Brokers.--Section 
     833(d) of the International Marriage Broker Regulation Act of 
     2005 (8 U.S.C. 1375a(d)) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Prohibition on marketing of or to children.--
       ``(A) In general.--An international marriage broker shall 
     not provide any individual or entity with the personal 
     contact information, photograph, or general information about 
     the background or interests of any individual under the age 
     of 18.
       ``(B) Compliance.--To comply with the requirements of 
     subparagraph (A), an international marriage broker shall--
       ``(i) obtain a valid copy of each foreign national client's 
     birth certificate or other proof of age document issued by an 
     appropriate government entity;
       ``(ii) indicate on such certificate or document the date it 
     was received by the international marriage broker;
       ``(iii) retain the original of such certificate or document 
     for 7 years after such date of receipt; and
       ``(iv) produce such certificate or document upon request to 
     an appropriate authority charged with the enforcement of this 
     paragraph.'';
       (2) in paragraph (2)--
       (A) in subparagraph (A)(i)--
       (i) in the heading, by striking ``registries.--'' and 
     inserting ``website.--''; and
       (ii) by striking ``Registry or State sex offender public 
     registry,'' and inserting ``Website,''; and
       (B) in subparagraph (B)(ii), by striking ``or stalking.'' 
     and inserting ``stalking, or an attempt to commit any such 
     crime.'';
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) in clause (i), by striking ``Registry, or of the 
     relevant State sex offender public registry for any State not 
     yet participating in the National Sex Offender Public 
     Registry, in which the United States client has resided 
     during the previous 20 years,'' and inserting ``Website''; 
     and
       (ii) in clause (iii)(II), by striking ``background 
     information collected by the international marriage broker 
     under paragraph (2)(B);'' and inserting ``signed 
     certification and accompanying documentation or attestation 
     regarding the background information collected under 
     paragraph (2)(B);''; and
       (B) by striking subparagraph (C);
       (4) in paragraph (5)--
       (A) in subparagraph (A)(ii), by striking ``A penalty may be 
     imposed under clause (i) by the Attorney General only'' and 
     inserting ``At the discretion of the Attorney General, a 
     penalty may be imposed under clause (i) either by a Federal 
     judge, or by the Attorney General'';
       (B) by amending subparagraph (B) to read as follows:
       ``(B) Federal criminal penalties.--
       ``(i) Failure of international marriage brokers to comply 
     with obligations.--Except as provided in clause (ii), an 
     international marriage broker that, in circumstances in or 
     affecting interstate or foreign commerce, or within the 
     special maritime and territorial jurisdiction of the United 
     States--

       ``(I) except as provided in subclause (II), violates (or 
     attempts to violate) paragraph (1), (2), (3), or (4) shall be 
     fined in accordance with title 18, United States Code, or 
     imprisoned for not more than 1 year, or both; or
       ``(II) knowingly violates or attempts to violate paragraphs 
     (1), (2), (3), or (4) shall be fined in accordance with title 
     18, United States Code, or imprisoned for not more than 5 
     years, or both.

       ``(ii) Misuse of information.--A person who knowingly 
     discloses, uses, or causes to be used any information 
     obtained by an international marriage broker as a result of a 
     requirement under paragraph (2) or (3) for any purpose other 
     than the disclosures required under paragraph (3) shall be 
     fined in accordance with title 18, United States Code, or 
     imprisoned for not more than 1 year, or both.
       ``(iii) Fraudulent failures of united states clients to 
     make required self-disclosures.--A person who knowingly and 
     with intent to defraud another person outside the United 
     States in order to recruit, solicit, entice, or induce that 
     other person into entering a dating or matrimonial 
     relationship, makes false or fraudulent representations 
     regarding the disclosures described in clause (i), (ii), 
     (iii), or (iv) of subsection (d)(2)(B), including by failing 
     to make any such disclosures, shall be fined in accordance 
     with title 18, United States Code, imprisoned for not more 
     than 1 year, or both.
       ``(iv) Relationship to other penalties.--The penalties 
     provided in clauses (i), (ii), and (iii) are in addition to 
     any other civil or criminal liability under Federal or State 
     law to which a person may be subject for the misuse of 
     information, including misuse to threaten, intimidate, or 
     harass any individual.
       ``(v) Construction.--Nothing in this paragraph or paragraph 
     (3) or (4) may be construed to prevent the disclosure of 
     information to law enforcement or pursuant to a court 
     order.''; and
       (C) in subparagraph (C), by striking the period at the end 
     and inserting ``including equitable remedies.'';
       (5) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively; and
       (6) by inserting after paragraph (5) the following:
       ``(6) Enforcement.--
       ``(A) Authority.--The Attorney General shall be responsible 
     for the enforcement of the provisions of this section, 
     including the prosecution of civil and criminal penalties 
     provided for by this section.
       ``(B) Consultation.--The Attorney General shall consult 
     with the Director of the Office on Violence Against Women of 
     the Department of Justice to develop policies and public 
     education designed to promote enforcement of this section.''.
       (d) GAO Study and Report.--Section 833(f) of the 
     International Marriage Broker Regulation Act of 2005 (8 
     U.S.C. 1375a(f)) is amended--
       (1) in the subsection heading, by striking ``Study and 
     Report.--'' and inserting ``Studies and Reports.--''; and
       (2) by adding at the end the following:
       ``(4) Continuing impact study and report.--
       ``(A) Study.--The Comptroller General shall conduct a study 
     on the continuing impact of the implementation of this 
     section and of section of 214 of the Immigration and 
     Nationality Act (8 U.S.C. 1184) on the process for granting K 
     nonimmigrant visas, including specifically a study of the 
     items described in subparagraphs (A) through (E) of paragraph 
     (1).
       ``(B) Report.--Not later than 2 years after the date of the 
     enactment of the Violence Against Women Reauthorization Act 
     of 2011, the Comptroller General shall submit to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives a report 
     setting forth the results of the study conducted under 
     subparagraph (A).
       ``(C) Data collection.--The Attorney General, the Secretary 
     of Homeland Security, and the Secretary of State shall 
     collect and maintain the data necessary for the Comptroller 
     General to conduct the study required by paragraph (1)(A).''.

     SEC. 809. ELIGIBILITY OF CRIME AND TRAFFICKING VICTIMS IN THE 
                   COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS TO 
                   ADJUST STATUS.

       Section 705(c) of the Consolidated Natural Resources Act of 
     2008 (Public Law 110-229; 48 U.S.C. 1806 note), is amended by 
     striking ``except that,'' and all that follows through the 
     end, and inserting the following: ``except that--
       ``(1) for the purpose of determining whether an alien 
     lawfully admitted for permanent residence (as defined in 
     section 101(a)(20) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(20)) has abandoned or lost such status by 
     reason of absence from the United States, such alien's 
     presence in the Commonwealth, before, on or after November 
     28, 2009, shall be considered to be presence in the United 
     States; and
       ``(2) for the purpose of determining whether an alien whose 
     application for status under subparagraph (T) or (U) of 
     section 101(a)(15) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)) was granted is subsequently eligible for 
     adjustment under subsection (l) or (m) of section 245 of such 
     Act (8 U.S.C. 1255), such alien's physical presence in the 
     Commonwealth before, on, or after November 28, 2009, and 
     subsequent to the grant of the application, shall be 
     considered as equivalent to presence in the United States 
     pursuant to a nonimmigrant admission in such status.''.

                   TITLE IX--SAFETY FOR INDIAN WOMEN

     SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS.

       Section 2015(a) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796gg 10(a)) is 
     amended--
       (1) in paragraph (2), by inserting ``sex trafficking,'' 
     after ``sexual assault,'';
       (2) in paragraph (4), by inserting ``sex trafficking,'' 
     after ``sexual assault,'';
       (3) in paragraph (5), by striking ``and stalking'' and all 
     that follows and inserting ``sexual assault, sex trafficking, 
     and stalking;'';
       (4) in paragraph (7)--
       (A) by inserting ``sex trafficking,'' after ``sexual 
     assault,'' each place it appears; and
       (B) by striking ``and'' at the end;
       (5) in paragraph (8)--
       (A) by inserting ``sex trafficking,'' after ``stalking,''; 
     and
       (B) by striking the period at the end and inserting a 
     semicolon; and
       (6) by adding at the end the following:
       ``(9) provide services to address the needs of youth and 
     children who are victims of domestic violence, dating 
     violence, sexual assault, sex trafficking, or stalking and 
     the needs of youth and children exposed to domestic violence, 
     dating violence, sexual assault, or stalking, including 
     support for the nonabusing parent or the caretaker of the 
     youth or child; and
       ``(10) develop and promote legislation and policies that 
     enhance best practices for responding to violent crimes 
     against Indian women, including the crimes of domestic 
     violence, dating violence, sexual assault, sex trafficking, 
     and stalking.''.

     SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS.

       Section 2001 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended by 
     striking subsection (d) and inserting the following:
       ``(d) Tribal Coalition Grants.--
       ``(1) Purpose.--The Attorney General shall award a grant to 
     tribal coalitions for purposes of--
       ``(A) increasing awareness of domestic violence and sexual 
     assault against Indian women;
       ``(B) enhancing the response to violence against Indian 
     women at the Federal, State, and tribal levels;
       ``(C) identifying and providing technical assistance to 
     coalition membership and tribal communities to enhance access 
     to essential services to Indian women victimized by domestic 
     and sexual violence, including sex trafficking; and
       ``(D) assisting Indian tribes in developing and promoting 
     State, local, and tribal legislation

[[Page 5518]]

     and policies that enhance best practices for responding to 
     violent crimes against Indian women, including the crimes of 
     domestic violence, dating violence, sexual assault, sex 
     trafficking, and stalking.
       ``(2) Grants.--The Attorney General shall award grants on 
     an annual basis under paragraph (1) to--
       ``(A) each tribal coalition that--
       ``(i) meets the criteria of a tribal coalition under 
     section 40002(a) of the Violence Against Women Act of 1994 
     (42 U.S.C. 13925(a));
       ``(ii) is recognized by the Office on Violence Against 
     Women; and
       ``(iii) provides services to Indian tribes; and
       ``(B) organizations that propose to incorporate and operate 
     a tribal coalition in areas where Indian tribes are located 
     but no tribal coalition exists.
       ``(3) Use of amounts.--For each of fiscal years 2012 
     through 2016, of the amounts appropriated to carry out this 
     subsection--
       ``(A) not more than 10 percent shall be made available to 
     organizations described in paragraph (2)(B), provided that 1 
     or more organizations determined by the Attorney General to 
     be qualified apply;
       ``(B) not less than 90 percent shall be made available to 
     tribal coalitions described in paragraph (2)(A), which 
     amounts shall be distributed equally among each eligible 
     tribal coalition for the applicable fiscal year
       ``(4) Eligibility for other grants.--Receipt of an award 
     under this subsection by a tribal coalition shall not 
     preclude the tribal coalition from receiving additional 
     grants under this title to carry out the purposes described 
     in paragraph (1).
       ``(5) Multiple purpose applications.--Nothing in this 
     subsection prohibits any tribal coalition or organization 
     described in paragraph (2) from applying for funding to 
     address sexual assault or domestic violence needs in the same 
     application.''.

     SEC. 903. CONSULTATION.

       Section 903 of the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (42 U.S.C. 14045d) is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``and the Violence Against Women Act of 
     2000'' and inserting ``, the Violence Against Women Act of 
     2000''; and
       (B) by inserting ``, and the Violence Against Women 
     Reauthorization Act of 2011'' before the period at the end;
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Secretary of the Department of Health and Human Services'' 
     and inserting ``Secretary of Health and Human Services, the 
     Secretary of the Interior,''; and
       (B) in paragraph (2), by striking ``and stalking'' and 
     inserting ``stalking, and sex trafficking''; and
       (3) by adding at the end the following:
       ``(c) Annual Report.--The Attorney General shall submit to 
     Congress an annual report on the annual consultations 
     required under subsection (a) that--
       ``(1) contains the recommendations made under subsection 
     (b) by Indian tribes during the year covered by the report;
       ``(2) describes actions taken during the year covered by 
     the report to respond to recommendations made under 
     subsection (b) during the year or a previous year; and
       ``(3) describes how the Attorney General will work in 
     coordination and collaboration with Indian tribes, the 
     Secretary of Health and Human Services, and the Secretary of 
     the Interior to address the recommendations made under 
     subsection (b).
       ``(d) Notice.--Not later than 120 days before the date of a 
     consultation under subsection (a), the Attorney General shall 
     notify tribal leaders of the date, time, and location of the 
     consultation.''.

     SEC. 904. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC 
                   VIOLENCE.

       Title II of Public Law 90-284 (25 U.S.C. 1301 et seq.) 
     (commonly known as the ``Indian Civil Rights Act of 1968'') 
     is amended by adding at the end the following:

     ``SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC 
                   VIOLENCE.

       ``(a) Definitions.--In this section:
       ``(1) Dating violence.--The term `dating violence' means 
     violence committed by a person who is or has been in a social 
     relationship of a romantic or intimate nature with the 
     victim, as determined by the length of the relationship, the 
     type of relationship, and the frequency of interaction 
     between the persons involved in the relationship.
       ``(2) Domestic violence.--The term `domestic violence' 
     means violence committed by a current or former spouse or 
     intimate partner of the victim, by a person with whom the 
     victim shares a child in common, by a person who is 
     cohabitating with or has cohabitated with the victim as a 
     spouse or intimate partner, or by a person similarly situated 
     to a spouse of the victim under the domestic- or family- 
     violence laws of an Indian tribe that has jurisdiction over 
     the Indian country where the violence occurs.
       ``(3) Indian country.--The term `Indian country' has the 
     meaning given the term in section 1151 of title 18, United 
     States Code.
       ``(4) Participating tribe.--The term `participating tribe' 
     means an Indian tribe that elects to exercise special 
     domestic violence criminal jurisdiction over the Indian 
     country of that Indian tribe.
       ``(5) Protection order.--The term `protection order'--
       ``(A) means any injunction, restraining order, or other 
     order issued by a civil or criminal court for the purpose of 
     preventing violent or threatening acts or harassment against, 
     sexual violence against, contact or communication with, or 
     physical proximity to, another person; and
       ``(B) includes any temporary or final order issued by a 
     civil or criminal court, whether obtained by filing an 
     independent action or as a pendent lite order in another 
     proceeding, if the civil or criminal order was issued in 
     response to a complaint, petition, or motion filed by or on 
     behalf of a person seeking protection.
       ``(6) Special domestic violence criminal jurisdiction.--The 
     term `special domestic violence criminal jurisdiction' means 
     the criminal jurisdiction that a participating tribe may 
     exercise under this section but could not otherwise exercise.
       ``(7) Spouse or intimate partner.--The term `spouse or 
     intimate partner' has the meaning given the term in section 
     2266 of title 18, United States Code.
       ``(b) Nature of the Criminal Jurisdiction.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, in addition to all powers of self-government recognized 
     and affirmed by sections 201 and 203, the powers of self-
     government of a participating tribe include the inherent 
     power of that tribe, which is hereby recognized and affirmed, 
     to exercise special domestic violence criminal jurisdiction 
     over all persons.
       ``(2) Concurrent jurisdiction.--The exercise of special 
     domestic violence criminal jurisdiction by a participating 
     tribe shall be concurrent with the jurisdiction of the United 
     States, of a State, or of both.
       ``(3) Applicability.--Nothing in this section--
       ``(A) creates or eliminates any Federal or State criminal 
     jurisdiction over Indian country;
       ``(B) affects the authority of the United States or any 
     State government that has been delegated authority by the 
     United States to investigate and prosecute a criminal 
     violation in Indian country;
       ``(C) shall apply to an Indian tribe in the State of 
     Alaska, except with respect to the Metlakatla Indian 
     Community, Annette Islands Reserve; or
       ``(D) shall limit, alter, expand, or diminish the civil or 
     criminal jurisdiction of the State of Alaska or any 
     subdivision of the State of Alaska.
       ``(c) Criminal Conduct.--A participating tribe may exercise 
     special domestic violence criminal jurisdiction over a 
     defendant for criminal conduct that falls into one or more of 
     the following categories:
       ``(1) Domestic violence and dating violence.--An act of 
     domestic violence or dating violence that occurs in the 
     Indian country of the participating tribe.
       ``(2) Violations of protection orders.--An act that--
       ``(A) occurs in the Indian country of the participating 
     tribe; and
       ``(B) violates the portion of a protection order that--
       ``(i) prohibits or provides protection against violent or 
     threatening acts or harassment against, sexual violence 
     against, contact or communication with, or physical proximity 
     to, another person;
       ``(ii) was issued against the defendant;
       ``(iii) is enforceable by the participating tribe; and
       ``(iv) is consistent with section 2265(b) of title 18, 
     United States Code.
       ``(d) Dismissal of Certain Cases.--
       ``(1) Definition of victim.--In this subsection and with 
     respect to a criminal proceeding in which a participating 
     tribe exercises special domestic violence criminal 
     jurisdiction based on a criminal violation of a protection 
     order, the term `victim' means a person specifically 
     protected by a protection order that the defendant allegedly 
     violated.
       ``(2) Non-indian victims and defendants.--In a criminal 
     proceeding in which a participating tribe exercises special 
     domestic violence criminal jurisdiction, the case shall be 
     dismissed if--
       ``(A) the defendant files a pretrial motion to dismiss on 
     the grounds that the alleged offense did not involve an 
     Indian; and
       ``(B) the participating tribe fails to prove that the 
     defendant or an alleged victim is an Indian.
       ``(3) Ties to indian tribe.--In a criminal proceeding in 
     which a participating tribe exercises special domestic 
     violence criminal jurisdiction, the case shall be dismissed 
     if--
       ``(A) the defendant files a pretrial motion to dismiss on 
     the grounds that the defendant and the alleged victim lack 
     sufficient ties to the Indian tribe; and
       ``(B) the prosecuting tribe fails to prove that the 
     defendant or an alleged victim--
       ``(i) resides in the Indian country of the participating 
     tribe;
       ``(ii) is employed in the Indian country of the 
     participating tribe; or
       ``(iii) is a spouse or intimate partner of a member of the 
     participating tribe.
       ``(4) Waiver.--A knowing and voluntary failure of a 
     defendant to file a pretrial motion described in paragraph 
     (2) or (3) shall be considered a waiver of the right to seek 
     a dismissal under this subsection.
       ``(e) Rights of Defendants.--In a criminal proceeding in 
     which a participating tribe exercises special domestic 
     violence criminal jurisdiction, the participating tribe shall 
     provide to the defendant--
       ``(1) all applicable rights under this Act;
       ``(2) if a term of imprisonment of any length is imposed, 
     all rights described in section 202(c); and

[[Page 5519]]

       ``(3) all other rights whose protection is necessary under 
     the Constitution of the United States in order for Congress 
     to recognize and affirm the inherent power of the 
     participating tribe to exercise special domestic violence 
     criminal jurisdiction over the defendant.
       ``(f) Petitions To Stay Detention.--
       ``(1) In general.--A person has filed a petition for a writ 
     of habeas corpus in a court of the United States under 
     section 203 may petition that court to stay further detention 
     of that person by the participating tribe.
       ``(2) Grant of stay.--A court shall grant a stay described 
     in paragraph (1) if the court--
       ``(A) finds that there is a substantial likelihood that the 
     habeas corpus petition will be granted; and
       ``(B) after giving each alleged victim in the matter an 
     opportunity to be heard, finds by clear and convincing 
     evidence that under conditions imposed by the court, the 
     petitioner is not likely to flee or pose a danger to any 
     person or the community if released.
       ``(g) Grants to Tribal Governments.--The Attorney General 
     may award grants to the governments of Indian tribes (or to 
     authorized designees of those governments)--
       ``(1) to strengthen tribal criminal justice systems to 
     assist Indian tribes in exercising special domestic violence 
     criminal jurisdiction, including--
       ``(A) law enforcement (including the capacity of law 
     enforcement or court personnel to enter information into and 
     obtain information from national crime information 
     databases);
       ``(B) prosecution;
       ``(C) trial and appellate courts;
       ``(D) probation systems;
       ``(E) detention and correctional facilities;
       ``(F) alternative rehabilitation centers;
       ``(G) culturally appropriate services and assistance for 
     victims and their families; and
       ``(H) criminal codes and rules of criminal procedure, 
     appellate procedure, and evidence;
       ``(2) to provide indigent criminal defendants with the 
     effective assistance of licensed defense counsel, at no cost 
     to the defendant, in criminal proceedings in which a 
     participating tribe prosecutes a crime of domestic violence 
     or dating violence or a criminal violation of a protection 
     order;
       ``(3) to ensure that, in criminal proceedings in which a 
     participating tribe exercises special domestic violence 
     criminal jurisdiction, jurors are summoned, selected, and 
     instructed in a manner consistent with all applicable 
     requirements; and
       ``(4) to accord victims of domestic violence, dating 
     violence, and violations of protection orders rights that are 
     similar to the rights of a crime victim described in section 
     3771(a) of title 18, United States Code, consistent with 
     tribal law and custom.
       ``(h) Supplement, Not Supplant.--Amounts made available 
     under this section shall supplement and not supplant any 
     other Federal, State, tribal, or local government amounts 
     made available to carry out activities described in this 
     section.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated $5,000,000 for each of fiscal 
     years 2012 through 2016 to carry out subsection (g) and to 
     provide training, technical assistance, data collection, and 
     evaluation of the criminal justice systems of participating 
     tribes..''.

     SEC. 905. TRIBAL PROTECTION ORDERS.

       Section 2265 of title 18, United States Code, is amended by 
     striking subsection (e) and inserting the following:
       ``(e) Tribal Court Jurisdiction.--
       ``(1) In general.--Except as provided in paragraph (2), for 
     purposes of this section, a court of an Indian tribe shall 
     have full civil jurisdiction to issue and enforce protection 
     orders involving any person, including the authority to 
     enforce any orders through civil contempt proceedings, to 
     exclude violators from Indian land, and to use other 
     appropriate mechanisms, in matters arising anywhere in the 
     Indian country of the Indian tribe (as defined in section 
     1151) or otherwise within the authority of the Indian tribe.
       ``(2) Applicability.--Paragraph (1)--
       ``(A) shall not apply to an Indian tribe in the State of 
     Alaska, except with respect to the Metlakatla Indian 
     Community, Annette Islands Reserve; and
       ``(B) shall not limit, alter, expand, or diminish the civil 
     or criminal jurisdiction of the State of Alaska or any 
     subdivision of the State of Alaska.''.

     SEC. 906. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.

       (a) In General.--Section 113 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Assault with intent to commit murder or a violation 
     of section 2241 or 2242, by a fine under this title, 
     imprisonment for not more than 20 years, or both.'';
       (B) in paragraph (2), by striking ``felony under chapter 
     109A'' and inserting ``violation of section 2241 or 2242'';
       (C) in paragraph (3) by striking ``and without just cause 
     or excuse,'';
       (D) in paragraph (4), by striking ``six months'' and 
     inserting ``1 year'';
       (E) in paragraph (7)--
       (i) by striking ``substantial bodily injury to an 
     individual who has not attained the age of 16 years'' and 
     inserting ``substantial bodily injury to a spouse or intimate 
     partner, a dating partner, or an individual who has not 
     attained the age of 16 years''; and
       (ii) by striking ``fine'' and inserting ``a fine''; and
       (F) by adding at the end the following:
       ``(8) Assault of a spouse, intimate partner, or dating 
     partner by strangling, suffocating, or attempting to strangle 
     or suffocate, by a fine under this title, imprisonment for 
     not more than 10 years, or both.''; and
       (2) in subsection (b)--
       (A) by striking ``(b) As used in this subsection--'' and 
     inserting the following:
       ``(b) Definitions.--In this section--'';
       (B) in paragraph (1)(B), by striking ``and'' at the end;
       (C) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and
       (D) by adding at the end the following:
       ``(3) the terms `dating partner' and `spouse or intimate 
     partner' have the meanings given those terms in section 2266;
       ``(4) the term `strangling' means intentionally, knowingly, 
     or recklessly impeding the normal breathing or circulation of 
     the blood of a person by applying pressure to the throat or 
     neck, regardless of whether that conduct results in any 
     visible injury or whether there is any intent to kill or 
     protractedly injure the victim; and
       ``(5) the term `suffocating' means intentionally, 
     knowingly, or recklessly impeding the normal breathing of a 
     person by covering the mouth of the person, the nose of the 
     person, or both, regardless of whether that conduct results 
     in any visible injury or whether there is any intent to kill 
     or protractedly injure the victim.''.
       (b) Indian Major Crimes.--Section 1153(a) of title 18, 
     United States Code, is amended by striking ``assault with 
     intent to commit murder, assault with a dangerous weapon, 
     assault resulting in serious bodily injury (as defined in 
     section 1365 of this title)'' and inserting ``a felony 
     assault under section 113''.
       (c) Repeat Offenders.--Section 2265A(b)(1)(B) of title 18, 
     United States Code, is amended by inserting ``or tribal'' 
     after ``State''.

     SEC. 907. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN 
                   WOMEN.

       (a) In General.--Section 904(a) of the Violence Against 
     Women and Department of Justice Reauthorization Act of 2005 
     (42 U.S.C. 3796gg-10 note) is amended--
       (1) in paragraph (1)--
       (A) by striking ``The National'' and inserting ``Not later 
     than 2 years after the date of enactment of the Violence 
     Against Women Reauthorization Act of 2011, the National''; 
     and
       (B) by inserting ``and in Native villages (as defined in 
     section 3 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1602))'' before the period at the end;
       (2) in paragraph (2)(A)--
       (A) in clause (iv), by striking ``and'' at the end;
       (B) in clause (v), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(vi) sex trafficking.'';
       (3) in paragraph (4), by striking ``this Act'' and 
     inserting ``the Violence Against Women Reauthorization Act of 
     2011''; and
       (4) in paragraph (5), by striking ``this section $1,000,000 
     for each of fiscal years 2007 and 2008'' and inserting ``this 
     subsection $1,000,000 for each of fiscal years 2012 and 
     2013''.
       (b) Authorization of Appropriations.--Section 905(b)(2) of 
     the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (28 U.S.C. 534 note) is amended 
     by striking ``fiscal years 2007 through 2011'' and inserting 
     ``fiscal years 2012 through 2016''.

     SEC. 908. EFFECTIVE DATES; PILOT PROJECT.

       (a) General Effective Date.--Except as provided in section 
     4 and subsection (b) of this section, the amendments made by 
     this title shall take effect on the date of enactment of this 
     Act.
       (b) Effective Date for Special Domestic-violence Criminal 
     Jurisdiction.--
       (1) In general.--Except as provided in paragraph (2), 
     subsections (b) through (e) of section 204 of Public Law 90-
     284 (as added by section 904) shall take effect on the date 
     that is 2 years after the date of enactment of this Act.
       (2) Pilot project.--
       (A) In general.--At any time during the 2-year period 
     beginning on the date of enactment of this Act, an Indian 
     tribe may ask the Attorney General to designate the tribe as 
     a participating tribe under section 204(a) of Public Law 90-
     284 on an accelerated basis.
       (B) Procedure.--The Attorney General may grant a request 
     under subparagraph (A) after coordinating with the Secretary 
     of the Interior, consulting with affected Indian tribes, and 
     concluding that the criminal justice system of the requesting 
     tribe has adequate safeguards in place to protect defendants' 
     rights, consistent with section 204 of Public Law 90-284.
       (C) Effective dates for pilot projects.--An Indian tribe 
     designated as a participating tribe under this paragraph may 
     commence exercising special domestic violence criminal 
     jurisdiction pursuant to subsections (b) through (e) of 
     section 204 of Public Law 90-284 on a date established by the 
     Attorney General, after consultation with that Indian tribe, 
     but in no event later than the date that is 2 years after the 
     date of enactment of this Act.

     SEC. 909. INDIAN LAW AND ORDER COMMISSION.

       (a) In General.--Section 15(f) of the Indian Law 
     Enforcement Reform Act (25 U.S.C. 2812(f)) is amended by 
     striking ``2 years'' and inserting ``3 years''.
       (b) Report.--The Attorney General, in consultation with the 
     Attorney General of the State of Alaska, the Commissioner of 
     Public Safety of the State of Alaska, the Alaska Federation 
     of Natives and Federally recognized Indian tribes in the 
     State of Alaska, shall report to Congress not later than one 
     year after enactment of this

[[Page 5520]]

     Act with respect to whether the Alaska Rural Justice and Law 
     Enforcement Commission established under Section 112(a)(1) of 
     the Consolidated Appropriations Act, 2004 should be continued 
     and appropriations authorized for the continued work of the 
     commission. The report may contain recommendations for 
     legislation with respect to the scope of work and composition 
     of the commission.

                         TITLE X--OTHER MATTERS

     SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL ABUSE.

       (a) Sexual Abuse of a Minor or Ward.--Section 2243(b) of 
     title 18, United States Code, is amended to read as follows:
       ``(b) Of a Ward.--
       ``(1) Offenses.--
       ``(A) In general.--It shall be unlawful for any person to 
     knowingly engage, or knowingly attempt to engage, in a sexual 
     act with another person who is--
       ``(i) in official detention or under official supervision 
     or other official control of, the United States--

       ``(I) during or after arrest;
       ``(II) after release pretrial;
       ``(III) while on bail, probation, supervised release, or 
     parole;
       ``(IV) after release following a finding of juvenile 
     delinquency; or
       ``(V) after release pending any further judicial 
     proceedings;

       ``(ii) under the professional custodial, supervisory, or 
     disciplinary control or authority of the person engaging or 
     attempting to engage in the sexual act; and
       ``(iii) at the time of the sexual act--

       ``(I) in the special maritime and territorial jurisdiction 
     of the United States;
       ``(II) in a Federal prison, or in any prison, institution, 
     or facility in which persons are held in custody by direction 
     of, or pursuant to a contract or agreement with, the United 
     States; or
       ``(III) under supervision or other control by the United 
     States, or by direction of, or pursuant to a contract or 
     agreement with, the United States.

       ``(B) Sexual contact.--It shall be unlawful for any person 
     to knowingly engage in sexual contact with, or cause sexual 
     contact by, another person, if to do so would violate 
     subparagraph (A) had the sexual contact been a sexual act.
       ``(2) Penalties.--
       ``(A) In general.--A person that violates paragraph (1)(A) 
     shall--
       ``(i) be fined under this title, imprisoned for not more 
     than 15 years, or both; and
       ``(ii) if, in the course of committing the violation of 
     paragraph (1), the person engages in conduct that would 
     constitute an offense under section 2241 or 2242 if committed 
     in the special maritime and territorial jurisdiction of the 
     United States, be subject to the penalties provided for under 
     section 2241 or 2242, respectively.
       ``(B) Sexual contact.--A person that violates paragraph 
     (1)(B) shall be fined under this title, imprisoned for not 
     more than 2 years, or both.''.
       (b) Penalties for Sexual Abuse.--
       (1) In general.--Chapter 13 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec.  250. Penalties for sexual abuse

       ``(a) Offense.--It shall be unlawful for any person, in the 
     course of committing an offense under this chapter or under 
     section 901 of the Fair Housing Act (42 U.S.C. 3631) to 
     engage in conduct that would constitute an offense under 
     chapter 109A if committed in the special maritime and 
     territorial jurisdiction of the United States.
       ``(b) Penalties.--A person that violates subsection (a) 
     shall be subject to the penalties under the provision of 
     chapter 109A that would have been violated if the conduct was 
     committed in the special maritime and territorial 
     jurisdiction of the United States, unless a greater penalty 
     is otherwise authorized by law.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 13 of title 18, United States Code, is 
     amended by adding at the end the following:

``250. Penalties for sexual abuse.''.

     SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS.

       (a) Suits by Prisoners.--Section 7(e) of the Civil Rights 
     of Institutionalized Persons Act (42 U.S.C. 1997e(e)) is 
     amended by inserting before the period at the end the 
     following: ``or the commission of a sexual act (as defined in 
     section 2246 of title 18, United States Code)''.
       (b) United States as Defendant.--Section 1346(b)(2) of 
     title 28, United States Code, is amended by inserting before 
     the period at the end the following: ``or the commission of a 
     sexual act (as defined in section 2246 of title 18)''.
       (c) Adoption and Effect of National Standards.--Section 8 
     of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15607) 
     is amended--
       (1) by redesignating subsection (c) as subsection (e); and
       (2) by inserting after subsection (b) the following:
       ``(c) Applicability to Detention Facilities Operated by the 
     Department of Homeland Security.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Violence Against Women Reauthorization 
     Act of 2011, the Secretary of Homeland Security shall publish 
     a final rule adopting national standards for the detection, 
     prevention, reduction, and punishment of rape and sexual 
     assault in facilities that maintain custody of aliens 
     detained for a violation of the immigrations laws of the 
     United States.
       ``(2) Applicability.--The standards adopted under paragraph 
     (1) shall apply to detention facilities operated by the 
     Department of Homeland Security and to detention facilities 
     operated under contract with the Department.
       ``(3) Compliance.--The Secretary of Homeland Security 
     shall--
       ``(A) assess compliance with the standards adopted under 
     paragraph (1) on a regular basis; and
       ``(B) include the results of the assessments in performance 
     evaluations of facilities completed by the Department of 
     Homeland Security.
       ``(4) Considerations.--In adopting standards under 
     paragraph (1), the Secretary of Homeland Security shall give 
     due consideration to the recommended national standards 
     provided by the Commission under section 7(e).
       ``(5) Definition.--As used in this section, the term 
     `detention facilities operated under contract with the 
     Department' includes, but is not limited to contract 
     detention facilities and detention facilities operated 
     through an intergovernmental service agreement with the 
     Department of Homeland Security.
       ``(d) Applicability to Custodial Facilities Operated by the 
     Department of Health and Human Services.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Violence Against Women Reauthorization 
     Act of 2011, the Secretary of Health and Human Services shall 
     publish a final rule adopting national standards for the 
     detection, prevention, reduction, and punishment of rape and 
     sexual assault in facilities that maintain custody of 
     unaccompanied alien children (as defined in section 462(g) of 
     the Homeland Security Act of 2002 (6 U.S.C. 279(g))).
       ``(2) Applicability.--The standards adopted under paragraph 
     (1) shall apply to facilities operated by the Department of 
     Health and Human Services and to facilities operated under 
     contract with the Department.
       ``(3) Compliance.--The Secretary of Health and Human 
     Services shall--
       ``(A) assess compliance with the standards adopted under 
     paragraph (1) on a regular basis; and
       ``(B) include the results of the assessments in performance 
     evaluations of facilities completed by the Department of 
     Health and Human Services.
       ``(4) Considerations.--In adopting standards under 
     paragraph (1), the Secretary of Health and Human Services 
     shall give due consideration to the recommended national 
     standards provided by the Commission under section 7(e).''.

     SEC. 1003. ANONYMOUS ONLINE HARASSMENT.

       Section 223(a)(1) of the Telecommunications Act of 1934 (47 
     U.S.C. 223(a)(1)) is amended--
       (1) in subparagraph (A), in the undesignated matter 
     following clause (ii), by striking ``annoy,'';
       (2) in subparagraph (C)--
       (A) by striking ``annoy,''; and
       (B) by striking ``harass any person at the called number or 
     who receives the communication'' and inserting ``harass any 
     specific person''; and
       (3) in subparagraph (E), by striking ``harass any person at 
     the called number or who receives the communication'' and 
     inserting ``harass any specific person''.

     SEC. 1004. STALKER DATABASE.

       Section 40603 of the Violence Against Women Act of 1994 (42 
     U.S.C. 14032) is amended by striking ``$3,000,000'' and all 
     that follows and inserting ``$3,000,000 for fiscal years 2012 
     through 2016.''.

     SEC. 1005. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.

       Section 40114 of the Violence Against Women Act of 1994 
     (Public Law 103-322; 108 Stat. 1910) is amended by striking 
     ``fiscal years 2007 through 2011'' and inserting ``fiscal 
     years 2012 through 2016''.

     SEC. 1006. CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL 
                   PERSONNEL AND PRACTITIONERS REAUTHORIZATION.

       Subtitle C of the Victims of Child Abuse Act of 1990 (42 
     U.S.C. 13024) is amended in subsection (a) by striking 
     ``$2,300,000'' and all that follows and inserting 
     ``$2,300,000 for each of fiscal years 2012 through 2016.''.

     SEC. 1007. MANDATORY MINIMUM SENTENCE.

       Section 2241(a) of title 18, United States Code, is amended 
     in the undesignated matter following paragraph (2), by 
     striking ``any term of years or life'' and inserting ``not 
     less than 5 years or imprisoned for life''.

     SEC. 1008. REMOVAL OF DRUNK DRIVERS.

       (a) In General.--Section 101(a)(43)(F) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(43)(F)) is amended by 
     striking ``for which the term of imprisonment'' and inserting 
     ``, including a third drunk driving conviction, regardless of 
     the States in which the convictions occurred or whether the 
     offenses are classified as misdemeanors or felonies under 
     State or Federal law, for which the term of imprisonment 
     is''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall--
       (1) take effect on the date of the enactment of this Act; 
     and

  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.

[[Page 5521]]

  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 not 
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.

[[Page 5522]]

  On Tuesday, in an editorial in our local paper, the Washington Post 
urged passage of our bipartisan bill, noting:

       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

[[Page 5523]]

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 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.


[[Page 5524]]

  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. 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. Fourth, 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.

                          ____________________